California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 4 - Intermediate Care Facilities › Article 2 - License › Section 73215 - Issuance, Expiration and Renewal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon verification of compliance with the
				  licensing requirements the Department shall issue the license to the
				  applicant.
(b) If the applicant is
				  not in compliance with the laws or regulations, the Department shall deny the
				  applicant a license. Immediately upon the denial of any application for a
				  license, the Department shall notify the applicant in writing. Within 20 days
				  of receipt of the Department's notice, the applicant may present his written
				  notice of appeal for a hearing to the Department. Upon receipt by the
				  Department of the appeal in proper form, such appeal shall be set for hearing.
				  The proceedings shall be conducted in accordance with Chapter 5 (commencing
				  with Section
				  11500) of Part I of Division 3 of
				  Title 2 of the Government Code.
(c)
				  The Department may deny the application of any prospective licensee if the
				  applicant or any of the general partners, directors, officers or persons having
				  a beneficial ownership interest of 10 percent or more in the facility, has
				  failed to comply with the reporting requirements or to obtain approvals
				  required in Health and Safety Code Section
				  1267.5(a) and
				  (b).
(d) The Department may deny the application
				  of any prospective licensee if any of the general partners, directors, officers
				  or persons having a beneficial ownership interest of 10 percent or more in the
				  facility, was an officer, director, general partner or owner of a 10 percent or
				  more beneficial interest in a skilled nursing facility, intermediate care
				  facility or community care facility at a time when one or more violations of
				  law were committed therein which resulted in suspension or revocation of its
				  license. However, such prior suspension or revocation of a license shall not be
				  grounds for denial of the application if the applicant shows to the
				  satisfaction of the Department that the person in question took every
				  reasonably available action to prevent the violation or violations which
				  resulted in the disciplinary action and that he or she took every reasonably
				  available action to correct such violation or violations once he or she knew,
				  or with the exercise of reasonable diligence should have known, of the
				  violation or violations.
(e) No
				  application shall be denied pursuant to subsection (d) until the Department
				  provides the applicant with notice in writing of grounds for the proposed
				  denial of application, and affords the applicant an opportunity to submit
				  additional documentary evidence within 30 days in opposition to the proposed
				  denial.
(f) The Department shall
				  immediately notify, in writing, the applicant for a license if a license has
				  been denied under Section
				  73215(b), (c) or
				  (d). If the applicant wishes to appeal the
				  denial, the applicant must present a written notice of appeal for a hearing to
				  the Department within 20 days of receipt of the denial notice. Upon receipt by
				  the Department of the petition in proper form, such petition shall be set for
				  hearing. Hearing procedures shall be conducted in accordance with Chapter 5
				  (commencing with Section
				  11500) of Part I of Division 3 of
				  Title 2 of the Government Code.
(g)
				  Each initial license shall expire at midnight, one year from the date of
				  issuance. A renewal license:
(1) May be issued
				  for a period not to exceed two years if the holder of the license has been
				  found in substantial compliance with statutory requirements, regulations or
				  standards during the preceding license period.
(2) Shall reflect the number of beds that
				  meet constructional and operational requirements and shall not include beds
				  formerly located in patient accommodation space which has been permanently
				  converted.
(3) Shall not be issued
				  if the intermediate care facility is liable for and has not paid the special
				  fees required by Section
				  90417, Chapter 1, Division 7, of
				  this Title.