reglab/statecodes huggingface dataset:
California Code of Regulations › Title 22 - Social Security › Division 1.8 - California Department of Aging › Chapter 4 - Title III Programs-Program and Service Provider Requirements › Article 5 - Title III C-Elderly Nutrition Program › Section 7636.1 - General Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Each Elderly Nutrition Program provider shall establish and administer
				  nutrition services with the advice of a registered dietitian in accordance with
				  Section 339 of the OAA (42 U.S.C.
				  3030g-21), and follow the general
				  requirements in Section
				  7500 of this Division.
(b) Each Elderly Nutrition Program shall:
(1) Provide at least one (1) meal per
				  day.
(2) Serve meals at least five
				  (5) days per week throughout the service area, but not necessarily five (5)
				  days per week at each site.
(3)
				  Operate at a lesser frequency in a service area where such frequency is not
				  feasible and a lesser frequency is approved by the Department if the AAA is
				  directly providing the services, or by the AAA if the services are being
				  provided under contract.
(4) Comply
				  with the CRFC and their local health department regarding safe and sanitary
				  preparation and service of meals.
(5) Comply with the Division of Occupational
				  Safety and Health (Cal/OSHA), California Department of Industrial Relations
				  requirements regarding staff and participant safety.
(6) At a minimum, quarterly monitor for safe
				  food handling and sanitation practices of food facilities.
(7) Conduct a nutrition screening of
				  congregate and home-delivered meal participants in accordance with Federal
				  requirements found in Section
				  339 of the OAA (42 U.S.C.
				  3030g-21).
(8) Where feasible and appropriate, make
				  arrangements for the availability of meals to participants during a major
				  disaster, as defined in 42
				  U.S.C. 5122(2).
(9) When it is known or reasonably suspected
				  that a program participant has been the victim of abuse, report the abuse to
				  the authorities in accordance with Section
				  15630,
				  Welfare and Institutions Code.
California Code of Regulations › Title 22 - Social Security › Division 1.8 - California Department of Aging › Chapter 4 - Title III Programs-Program and Service Provider Requirements › Article 5 - Title III C-Elderly Nutrition Program › Section 7636.3 - Staff Qualifications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The nutrition services provider shall
				  have a manager on staff who shall conduct the day-to-day management and
				  administrative functions of the Elderly Nutrition Program, and either have (1),
				  (2), or (3):
(1) Possess an associate degree
				  in institutional food service management, or a closely related field, such as,
				  but not limited to, restaurant management, plus two (2) years experience as a
				  food service supervisor, or,
(2)
				  Demonstrate experience in food service, such as, but not limited to, cooking at
				  a restaurant, and within twelve (12) months of hire successfully complete a
				  minimum of twenty (20) hours specifically related to food service management,
				  business administration, or personnel management at a college level. Prior to
				  completion of meeting the hours, this individual's performance shall be
				  evaluated through quarterly monitoring by a registered dietitian, or,
(3) Two years experience managing food
				  services. Such experience shall be verified and approved by a registered
				  dietitian prior to hire.
California Code of Regulations › Title 22 - Social Security › Division 1.8 - California Department of Aging › Chapter 4 - Title III Programs-Program and Service Provider Requirements › Article 5 - Title III C-Elderly Nutrition Program › Section 7636.5 - Staff/Volunteer Training Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All staff, paid and volunteer, shall be
				  oriented and trained to perform their assigned responsibilities and tasks.
				  Training, at a minimum, shall include:
(1)
				  Food safety, prevention of foodborne illness, and HACCP principles.
(2) Accident prevention, instruction on fire
				  safety, first aid, choking, earthquake preparedness, and other emergency
				  procedures.
California Code of Regulations › Title 22 - Social Security › Division 1.8 - California Department of Aging › Chapter 4 - Title III Programs-Program and Service Provider Requirements › Article 5 - Title III C-Elderly Nutrition Program › Section 7636.7 - Records, Reports, Distribution of Information, and Confidentiality

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The nutrition
				  services provider shall develop and maintain records on congregate and
				  home-delivered meal participants that are in accordance with subsection
				  7500(a) of this
				  Division.
(b) The nutrition
				  services provider shall establish procedures in order to comply with subsection
				  7500(c) of this
				  Division, which ensure the accuracy and authenticity of the number of eligible
				  participant meals served each day. Such procedures shall be kept on file at the
				  provider's site.
(c) Nutrition
				  services provider records and reports shall be made available for audit,
				  assessment, or inspection by authorized representatives of the AAA, or the
				  Department.
(d) The nutrition
				  services provider shall ensure that information about, or obtained from a
				  participant's records, shall be maintained in a confidential manner according
				  to subsection
				  7500(b) of this
				  Division.
1. New
					 section filed 1-8-2002; operative 2-7-2002 (Register 2002, No.
					 2).
Note: Authority cited: Sections
						9102
						and
						9105,
						Welfare and Institutions Code. Reference:
						45 CFR
						1321.51 and
						1321.65.
California Code of Regulations › Title 22 - Social Security › Division 1.8 - California Department of Aging › Chapter 4 - Title III Programs-Program and Service Provider Requirements › Article 5 - Title III C-Elderly Nutrition Program › Section 7636.9 - Nutrition Services Incentive Program (NSIP)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Secretary of Agriculture provides
				  cash assistance in support of the Elderly Nutrition Program through the
				  Nutrition Services Incentive Program (NSIP) in accordance with Section
				  311 of the OAA (42 U.S.C.
				  3030a). These funds are distributed by the
				  Department to the Area Agencies on Aging (AAA) based on a ratio of the number
				  of meals served the prior year in the AAA to the total number of meals served
				  through out the state.
(b) NSIP
				  funds shall be used for meals which:
(1) Meet
				  the dietary guidelines, as specified in Section
				  339 of the OAA (42 U.S.C.
				  3030g-21).
(2) Are served to eligible
				  participants.
(3) Are served to
				  volunteers of any age.
(4) Follow
				  the provisions of "Offer Versus Serve", as found in
				  7 CFR
				  226.20(p):
(A) Congregate meal participants may be
				  permitted to decline items due to preference or medical reasons. NSIP funds are
				  not affected when a participant declines menu
				  items.
California Code of Regulations › Title 22 - Social Security › Division 1.8 - California Department of Aging › Chapter 4 - Title III Programs-Program and Service Provider Requirements › Article 5 - Title III C-Elderly Nutrition Program › Section 7638.1 - Requirements for Congregate Nutrition Services

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each congregate meal provider shall:
(1) Include procedures for obtaining the
				  views of participants about the services received.
(2) Not preclude the service of a meal to a
				  participant who has failed to make a reservation when food is
				  available.
California Code of Regulations › Title 22 - Social Security › Division 1.8 - California Department of Aging › Chapter 4 - Title III Programs-Program and Service Provider Requirements › Article 5 - Title III C-Elderly Nutrition Program › Section 7638.3 - Requirements for Home-Delivered Nutrition Services

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Each home-delivered meal provider shall:
(a) Develop and implement criteria to assess
				  the level of need for home-delivered nutrition services of each eligible
				  participant.
(1) An initial determination of
				  eligibility may be accomplished by telephone.
(2) A written assessment shall be done in the
				  home within two (2) weeks of beginning meal service, and shall include an
				  assessment of the type of meal appropriate for the participant in their living
				  environment.
(3) An older
				  individual eligible for receiving home-delivered meals shall be assessed for
				  need for nutrition-related supportive services, and referred as
				  necessary.
(4) Reassessment of need
				  shall be determined quarterly. Such reassessment shall be done in the home of
				  the participant at least every other quarter.
California Code of Regulations › Title 22 - Social Security › Division 1.8 - California Department of Aging › Chapter 4 - Title III Programs-Program and Service Provider Requirements › Article 5 - Title III C-Elderly Nutrition Program › Section 7638.5 - Nutrition Requirements of Meals

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Compliance with dietary guidelines:
(1) In accordance with Section
				  339 of the OAA (42 U.S.C.
				  3030g-21), each meal shall provide the
				  following to participating individuals:
(A) If
				  the program provides one (1) meal per day, a minimum of one-third ( 1/3 ) of
				  the in the Dietary Reference Intakes (DRIs) by the Food and Nutrition Board,
				  Institute of Medicine, National Academy of Sciences (2006), which are
				  incorporated by reference.
(B) If
				  the program provides two (2) meals per day, a minimum of two-thirds ( 
				  2/3 ) of the
				  DRIs.
(C) If the program provides
				  three (3) meals per day, one hundred (100) percent of the
				  RDAs.
California Code of Regulations › Title 22 - Social Security › Division 1.8 - California Department of Aging › Chapter 4 - Title III Programs-Program and Service Provider Requirements › Article 5 - Title III C-Elderly Nutrition Program › Section 7638.7 - Eligibility for Nutrition Services

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Congregate Meals. Individuals eligible to
				  receive a meal at a congregate nutrition site are:
(1) Any older individual.
(2) The spouse of any older
				  individual.
(3) A person with a
				  disability, under age sixty (60) who resides in housing facilities occupied
				  primarily by older individuals at which congregate nutrition services are
				  provided.
(4) A disabled individual
				  who resides at home with and accompanies an older individual who participates
				  in the program.
California Code of Regulations › Title 22 - Social Security › Division 1.8 - California Department of Aging › Chapter 4 - Title III Programs-Program and Service Provider Requirements › Article 5 - Title III C-Elderly Nutrition Program › Section 7638.9 - Contributions and Fees for Cost of Meals

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An eligible individual who receives a
				  meal shall be given the opportunity to contribute to the cost of the
				  meal.
(b) The nutrition services
				  provider shall develop a suggested contribution. When developing this
				  contribution amount, the income ranges of the older individuals in the
				  community and the provider's other sources of income shall be
				  considered.
(c) A sign indicating
				  the suggested contribution for eligible individuals, and the fee for guests,
				  shall be posted near the contribution container at each congregate meal site. A
				  guest fee shall cover all meal costs.
(d) No eligible individual shall be denied
				  participation because of failure or inability to contribute.
(e) The provider shall ensure that the amount
				  of the eligible participant's contribution is kept confidential.
(f) The nutrition services provider shall
				  establish written procedures to protect contributions and fees from loss,
				  mishandling, and theft. Such procedures shall be kept on file at the provider's
				  site.
(g) All contributions and
				  fees shall be identified as program income and used to increase the number of
				  meals served, to facilitate access to such meals, and to provide
				  nutrition-related supportive services.
1. New
					 section filed 1-8-2002; operative 2-7-2002 (Register 2002, No.
					 2).
Note: Authority cited: Sections
						9102
						and
						9105,
						Welfare and Institutions Code. Reference:
						42 U.S.C.
						3030g-21; and
						45 CFR
						1321.67.
California Code of Regulations › Title 22 - Social Security › Division 1.8 - California Department of Aging › Chapter 4 - Title III Programs-Program and Service Provider Requirements › Article 5 - Title III C-Elderly Nutrition Program › Section 7638.11 - Nutrition Education Services for Participants

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Nutrition education shall be provided a
				  minimum of four (4) times per year to participants in congregate and
				  home-delivered meal programs. Nutrition education for congregate sites is
				  defined as demonstrations, presentations, lectures or small group discussions,
				  all of which may be augmented with printed materials. Printed material may be
				  used as the sole nutrition education component for the home-delivered meal
				  participants, as well as in conjunction with a congregate meal nutrition
				  education presentation.
(b) A
				  registered dietitian shall provide input, review, and approve the content of
				  nutrition education prior to presentation.
(c) Nutrition education services shall be
				  based on the particular need of congregate and home-delivered meal
				  participants. An annual needs assessment shall be performed by the nutrition
				  services provider to make this determination.
(d) A yearly written nutrition education plan
				  shall be developed, implemented, monitored, and kept on file by the nutrition
				  services provider as required in subsection
				  7636.7(c)
				  above.
1. New
					 section filed 1-8-2002; operative 2-7-2002 (Register 2002, No.
					 2).
Note: Authority cited: Sections
						9102
						and
						9105,
						Welfare and Institutions Code. Reference: Section
						9500,
						Welfare and Institutions Code; and
						42 U.S.C.
						3030g-21.
California Code of Regulations › Title 22 - Social Security › Division 1.8 - California Department of Aging › Chapter 4 - Title III Programs-Program and Service Provider Requirements › Article 5 - Title III C-Elderly Nutrition Program › Section 7638.13 - Nutrition Counseling Service for Participants

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Nutrition counseling service is a
				  nutrition service which may be provided when feasible and
				  appropriate.
(b) A nutrition
				  services provider shall have written policies and procedures, which ensure that
				  nutrition counseling is provided only by a registered dietitian.
1. New
					 section filed 1-8-2002; operative 2-7-2002 (Register 2002, No.
					 2).
Note: Authority cited: Sections
						9102
						and
						9105,
						Welfare and Institutions Code. Reference:
						42 U.S.C.
						3030e and
						3030g-21; and Section
						2586, Business and Professions
						Code.
California Code of Regulations › Title 22 - Social Security › Division 1.8 - California Department of Aging › Chapter 5 - Title III Programs-State Hearings › Section 7700 - General Provisions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Department shall provide an opportunity for a hearing
				  only when both of the following conditions exist:
(a) The issue to be appealed falls within one
				of the categories listed in this article.
(b) All of the procedures specified in this
				article are strictly followed.
1. Renumbering
				  of former article 7 to Chapter 5 and renumbering of former section
				  8500 to new section
				  7700 filed 1-29-96; operative
				  2-28-96 (Register 96, No. 5).
2. Change without regulatory effect
				  repealing subsection (a) designator from first paragraph, redesignating former
				  subsections (a)(1) and (a)(2) to new subsections (a) and (b), and amending NOTE
				  filed 2-10-98 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 98, No. 7).
Note: Authority cited: Sections
					 9102
					 and
					 9105,
					 Welfare and Institutions Code. Reference:
					 42 U.S.C.
					 3025(b)(5)(C) and
					 3027(a)(5); and
					 45 CFR
					 1321.29(c) and
					 1321.35(a).
California Code of Regulations › Title 22 - Social Security › Division 1.8 - California Department of Aging › Chapter 5 - Title III Programs-State Hearings › Section 7702 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) "Adverse
				determination" means a determination or decision by the Department or an AAA
				that corresponds to one of the issues in section
				7704.
(b) "Appellant" means an entity who is
				appealing an adverse determination.
(c) "Applicant service provider" means an
				entity, in response to a solicited proposal by an AAA to provide services, that
				submits an application to provide services under a PSA plan. An entity that
				submits an unsolicited application to provide services is not an applicant
				under this section and does not have a right to request a hearing.
(d) "Departmental Hearing Officer" means a
				staff member of the Department who presides over a hearing when there is an
				appeal.
(e) "Existing Service
				Provider" means an entity that presently is under contract or subgrant with an
				AAA to provide services under an approved Area plan.
(f) "External Hearing Officer" means an
				attorney who is retained by the Department to preside over a hearing when there
				is an appeal and who is not employed by the Department in any other
				capacity.
(g) "Respondent" means
				the entity against which the appeal is taken, either the Department or an
				AAA.
1. Renumbering
				  of a portion of former section
				  8502 to new section
				  7702 (subsections (d), (f), (h),
				  (k) and (m) of former section
				  8502 were renumbered to new
				  sections 7105,
				  7115,
				  7117,
				  7140 and
				  7150, respectively) and subsection
				  relettering filed 1-29-96; operative 2-28-96 (Register 96, No.
				  5).
2. Change without regulatory effect amending subsection (a)
				  filed 3-14-96 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 96, No. 11).
3. Repealer of subsections (d)
				  and (i)-(i)(2) and subsection relettering filed 3-14-96; operative 4-13-96
				  (Register 96, No. 11).
4. Change without regulatory effect amending
				  NOTE filed 2-10-98 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 98, No. 7).
Note: Authority cited: Sections
					 9102
					 and
					 9105,
					 Welfare and Institutions Code. Reference:
					 42 U.S.C.
					 3002(17),
					 3002(40),
					 3022(2),
					 3025(b)(5)(C) and
					 3027(a)(5); and
					 45 CFR
					 1321.29(c) and
					 1321.35(a).
California Code of Regulations › Title 22 - Social Security › Division 1.8 - California Department of Aging › Chapter 5 - Title III Programs-State Hearings › Section 7704 - Adverse Determinations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Only the actions specified below shall be considered adverse
				  determinations that are subject to a hearing upon request:
(a) The Department's denial of an application
				for designation as a PSA from any of the following:
(1) A unit of general purpose local
				government.
(2) A region within the
				State recognized for area wide planning.
(3) A metropolitan area.
(4) An Indian
				reservation(s).
California Code of Regulations › Title 22 - Social Security › Division 1.8 - California Department of Aging › Chapter 5 - Title III Programs-State Hearings › Section 7706 - Notice of Adverse Determination

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A notice of adverse determination from the Department or an
				  AAA shall meet all of the following conditions:
(a) Be in writing and delivered by either of
				the following methods:
(1) Faxed with a mailed
				follow-up original.
(2) Certified
				or overnight mail, return receipt requested.
California Code of Regulations › Title 22 - Social Security › Division 1.8 - California Department of Aging › Chapter 5 - Title III Programs-State Hearings › Section 7708 - Request for a Hearing with the Department

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An existing service provider or applicant
				service provider shall exhaust all levels of the AAA's appeal process prior to
				requesting a hearing.
(b) All
				requests for hearing shall be:
(1) In writing
				and addressed to the Director, California Department of Aging, 1600 K Street,
				Sacramento, California 95814. A copy of the request shall be sent to the AAA,
				if applicable.
(2) Sent by fax,
				followed by a mailed original, or certified or overnight mail, return receipt
				requested.
California Code of Regulations › Title 22 - Social Security › Division 1.8 - California Department of Aging › Chapter 5 - Title III Programs-State Hearings › Section 7710 - Deadline for Requesting a Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An existing service provider or applicant
				service provider shall submit its written request for hearing to the Department
				within 30 calendar days from the date of receipt of the AAA's final adverse
				determination.
(b) All other
				appellants shall submit their written request within 30 days of receipt of the
				Department's notice of adverse determination.
1. Renumbering
				  of former section
				  8510 to new section
				  7710 filed 1-29-96; operative
				  2-28-96 (Register 96, No. 5).
2. Change without regulatory effect
				  amending NOTE filed 2-10-98 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 98, No. 7).
Note: Authority cited: Sections
					 9102
					 and
					 9105,
					 Welfare and Institutions Code. Reference:
					 42 U.S.C.
					 3025(b)(5)(C) and
					 3027(a)(5); and
					 45 CFR
					 1321.29(c) and
					 1321.35(a).
California Code of Regulations › Title 22 - Social Security › Division 1.8 - California Department of Aging › Chapter 5 - Title III Programs-State Hearings › Section 7712 - Granting or Denial of a Request for a Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Within 5 calendar days of receipt of a
				request for a hearing, the Director shall review the request and take one of
				the following actions:
(1) Grant the request,
				if the appellant has followed all procedures and the Director has determined
				the issue is one of those specified in section
				7704, and appoint one of the
				following to preside over the hearing:
(A) An
				external hearing officer when the appellant is appealing an adverse
				determination by the Department.
(B) A departmental hearing officer(s) when
				the appellant is appealing an adverse determination by an
				AAA.
California Code of Regulations › Title 22 - Social Security › Division 1.8 - California Department of Aging › Chapter 5 - Title III Programs-State Hearings › Section 7714 - Hearing Officer Function and Authority

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The hearing officer's primary function
				shall be to determine either, or both, of the following. Whether the:
(1) Adverse determination being appealed
				violates the provisions of the Area Plan, department or area agency policies,
				contract, or grant terms, rules, laws, regulations, or procedural due
				process.
(2) Selection of a bidder
				was arbitrary, capricious, grossly erroneous, or an abuse of
				discretion.
California Code of Regulations › Title 22 - Social Security › Division 1.8 - California Department of Aging › Chapter 5 - Title III Programs-State Hearings › Section 7716 - Decision of the Hearing Officers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The hearing officer(s) shall prepare a
				written proposed decision which shall include findings of fact and conclusions
				based thereon and a recommended proposed decision to the Director. The proposed
				decision shall be forwarded to the Director within 10 calendar days from the
				close of the hearing.
(b) The
				Director shall review and consider the proposed decision and take one of the
				following actions:
(1) Adopt the proposed
				decision as the final decision.
(2)
				Modify the proposed decision as the final decision.
(3) Write a new final decision.
(4) Remand the proposed decision to the
				hearing officer(s).
California Code of Regulations › Title 22 - Social Security › Division 1.8 - California Department of Aging › Chapter 6 - Office of the State Long-Term Care Ombudsman › Article 1 - Long-Term Care Ombudsman Program Provisions › Section 8010 - Posting of Notice

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  Ombudsman Notice shall be prominently posted by the licensee in one or more
				  publicly accessible locations in the long-term care facility. It shall be in
				  plain view of, and readable by, patients and residents in the long-term care
				  facility, and of all persons visiting the facility. This includes individuals
				  who use wheelchairs or other mobility devices.
(b) The Ombudsman Notice shall be in the form
				  approved by the Office. The licensee shall not modify, reduce, cover, or take
				  any action that detracts from or denigrates the approved Ombudsman
				  Notice.
1.
					 Renumbering of former Chapter 2 to new Chapter 6 filed 1-29-96; operative
					 2-28-96 (Register 96, No. 5).
2. Change without regulatory effect
					 amending NOTE filed 2-10-98 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 98, No. 7).
3. Amendment of subsection (a)
					 filed 11-10-2020; operative 1-1-2021 (Register 2020, No. 46). Filing deadline
					 specified in Government Code section
					 11349.3(a)
					 extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
					 60 calendar days pursuant to Executive Order
					 N-66-20.
Note: Authority cited: Sections
						9102
						and
						9105,
						Welfare and Institutions Code. Reference: Section
						9718,
						Welfare and Institutions Code.
California Code of Regulations › Title 22 - Social Security › Division 1.8 - California Department of Aging › Chapter 6 - Office of the State Long-Term Care Ombudsman › Article 2 - Ombudsman Duties › Section 8020 - Facility Entry

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any
				  ombudsman coordinator, designated ombudsman, or other representative of the
				  Office of the State Long-Term Care Ombudsman (hereinafter "Office") shall have
				  the right of entry to any long-term care facility, as defined under Section
				  9701(b)
				  of the Welfare and Institutions Code, to carry out the responsibilities of the
				  Office as provided in Sections
				  9712.5,
				  9722,
				  and
				  9726.1
				  of the Welfare and Institutions Code. The State Long-Term Care Ombudsman deems
				  necessary and reasonable hours for such facility entry to be between 7:00 a.m.
				  and 10:00 p.m. seven days a week.
(b) Entry by Ombudsman representatives
				  between 10:00 p.m. and 7:00 a.m. shall be made after a request is made to, and
				  after express authorization is received from, the State Long-Term Care
				  Ombudsman or his/her designated representative. The ombudsman coordinator, as
				  defined under Section
				  9701(d)
				  of the Welfare and Institutions Code, shall notify the State Long-Term Care
				  Ombudsman of any planned entry and shall describe the circumstances making the
				  entry necessary. If the State Long-Term Care Ombudsman or his/her designated
				  representative is unavailable, authorization for such entry may be given by the
				  ombudsman coordinator, followed by notice to the Office and a description of
				  the circumstances making the entry necessary.
1. New
					 section filed 5-7-87; operative 6-6-87 (Register 87, No. 20).
2.
					 Change without regulatory effect amending subsection (b) and NOTE filed 2-10-98
					 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 98, No. 7).
3. Amendment of subsections (a)
					 and (b) filed 11-10-2020; operative 1-1-2021 (Register 2020, No. 46). Filing
					 deadline specified in Government Code section
					 11349.3(a)
					 extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
					 60 calendar days pursuant to Executive Order
					 N-66-20.
Note: Authority cited: Sections
						9102
						and
						9105,
						Welfare and Institutions Code. Reference: Sections
						9701
						and
						9722,
						Welfare and Institutions Code.
California Code of Regulations › Title 22 - Social Security › Division 1.8 - California Department of Aging › Chapter 6 - Office of the State Long-Term Care Ombudsman › Article 3 - Violations and Enforcement › Section 8040 - Interference with Actions of Office

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) No person shall willfully interfere with
				  any lawful action of the Office. Violations of this Section may be the basis
				  for the assessment of a civil penalty under Section
				  8045. No person shall:
(1) Willfully interfere with entry into a
				  long-term care facility by duly authorized representatives of the Office in the
				  lawful exercise of their responsibilities.
(A) Whenever a representative of the Office
				  is seeking entry into a long-term care facility, they shall have on their
				  person clearly visible photographic identification that is issued by the
				  Office.
(B) Whenever a
				  representative of the Office is seeking entry into a long-term care facility,
				  they shall make available, upon request, a written copy of the laws and
				  regulations that authorize the Office to, in performance of their duties,
				  access the facility, residents and records.
(C) A person's interference with a
				  representative of the Office after the representative has satisfied the
				  requirements of sub-paragraphs (A) and (B) of this section, shall be deemed
				  willful.
California Code of Regulations › Title 22 - Social Security › Division 1.8 - California Department of Aging › Chapter 6 - Office of the State Long-Term Care Ombudsman › Article 3 - Violations and Enforcement › Section 8045 - Civil Penalty

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any
				  person who willfully interferes with any lawful action of the Office,
				  including, but not limited to, the actions specified under Sections
				  8010 and
				  8040 of this Article, is subject
				  to a civil penalty not exceeding one thousand dollars ($1,000) to be assessed
				  by the Director of Aging. In fixing the amount of the civil penalty to be
				  imposed for willful interference, the Director of Aging shall consider:
(1) The extent to which the provisions of the
				  applicable statutes or regulations were violated.
(2) The "Good Faith" exercised by the
				  licensee or other person connected with the long-term care facility.
				  Indications of good faith include awareness of the applicable statutes and
				  regulations, reasonable diligence in complying with such requirements, and any
				  other mitigating factors in favor of the licensee or other person connected
				  with the long-term care facility.
(3) Any prior history of willful interference
				  by the licensee or other person connected with the long-term care
				  facility.
California Code of Regulations › Title 22 - Social Security › Division 1.8 - California Department of Aging › Chapter 4 - Planning and Service Areas (PSAs) and Area Agencies on Aging (AAAs) [Repealed] › Article 7 - Title III Programs-State Hearings [Renumbered] › Section 8500 - General Provisions. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 Chapter 4, article 7 (sections
					 8500-8516) and section filed
					 3-14-95; operative 4-13-95 (Register 95, No. 11).
2. Repealer of
					 Chapter 4, renumbering of former article 7 to new Chapter 5, and renumbering of
					 former section
					 8500 to section
					 7700 filed 1-29-96; operative
					 2-28-96 (Register 96, No. 5).
Note: Authority cited: Sections
						9303
						and
						9306.4,
						Welfare and Institutions Code. Reference: Section
						9301,
						Welfare and Institutions Code;
						42 U.S.C.
						3025(b)(5)(C) and
						3027(a)(5); and
						45 CFR
						1321.29(c) and
						1321.35(a).
California Code of Regulations › Title 22 - Social Security › Division 1.8 - California Department of Aging › Chapter 4 - Planning and Service Areas (PSAs) and Area Agencies on Aging (AAAs) [Repealed] › Article 7 - Title III Programs-State Hearings [Renumbered] › Section 8502 - Definitions. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 3-14-95; operative 4-13-95 (Register 95, No. 11).
2.
					 Renumbering of a portion of former section
					 8502 to new section
					 7702 (subsections (d), (f), (h),
					 (k) and (m) of former section
					 8502 were renumbered to new
					 sections 7105,
					 7115,
					 7117,
					 7140 and
					 7150, respectively) filed 1-29-96;
					 operative 2-28-96 (Register 96, No. 5).
Note: Authority cited: Sections
						9303
						and
						9306.4,
						Welfare and Institutions Code. Reference: Sections
						9101,
						9108,
						9109
						and
						9301,
						Welfare and Institutions Code;
						42 U.S.C.
						3002(17),
						3002(40),
						3022(2),
						3025(b)(5)(C) and
						3027(a)(5); and
						45 CFR
						1321.29(c) and
						1321.35(a).
California Code of Regulations › Title 22 - Social Security › Division 1.8 - California Department of Aging › Chapter 4 - Planning and Service Areas (PSAs) and Area Agencies on Aging (AAAs) [Repealed] › Article 7 - Title III Programs-State Hearings [Renumbered] › Section 8504 - Adverse Determinations. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 3-14-95; operative 4-13-95 (Register 95, No. 11).
2.
					 Renumbering of former section
					 8504 to new section
					 7704 filed 1-29-96; operative
					 2-28-96 (Register 96, No. 5).
Note: Authority cited: Sections
						9303
						and
						9306.4,
						Welfare and Institutions Code. Reference: Section
						9301,
						Welfare and Institutions Code;
						42 U.S.C.
						3025(b)(5)(C),
						3026(e) and
						3027(a)(5); and
						45 CFR
						1321.29(c) and
						1321.35(a).
California Code of Regulations › Title 22 - Social Security › Division 1.8 - California Department of Aging › Chapter 4 - Planning and Service Areas (PSAs) and Area Agencies on Aging (AAAs) [Repealed] › Article 7 - Title III Programs-State Hearings [Renumbered] › Section 8506 - Notice of Adverse Determination. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 3-14-95; operative 4-13-95 (Register 95, No. 11).
2.
					 Renumbering of former section
					 8506 to new section
					 7706 filed 1-29-96; operative
					 2-28-96 (Register 96, No. 5).
Note: Authority cited: Sections
						9303
						and
						9306.4,
						Welfare and Institutions Code. Reference: Section
						9301,
						Welfare and Institutions Code;
						42 U.S.C.
						3025(b)(5)(C) and
						3027(a)(5); and
						45 CFR
						1321.29(c) and
						1321.35(a).
California Code of Regulations › Title 22 - Social Security › Division 1.8 - California Department of Aging › Chapter 4 - Planning and Service Areas (PSAs) and Area Agencies on Aging (AAAs) [Repealed] › Article 7 - Title III Programs-State Hearings [Renumbered] › Section 8508 - Request for a Hearing with the Department. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 3-14-95; operative 4-13-95 (Register 95, No. 11).
2.
					 Renumbering of former section
					 8508 to new section
					 7708 filed 1-29-96; operative
					 2-28-96 (Register 96, No. 5).
Note: Authority cited: Sections
						9303
						and
						9306.4,
						Welfare and Institutions Code. Reference: Section
						9301,
						Welfare and Institutions Code;
						42 U.S.C.
						3025(b)(5)(C) and
						3027(a)(5); and
						45 CFR
						1321.29(c) and
						1321.35(a).
California Code of Regulations › Title 22 - Social Security › Division 1.8 - California Department of Aging › Chapter 4 - Planning and Service Areas (PSAs) and Area Agencies on Aging (AAAs) [Repealed] › Article 7 - Title III Programs-State Hearings [Renumbered] › Section 8510 - Deadline for Requesting a Hearing. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 3-14-95; operative 4-13-95 (Register 95, No. 11).
2.
					 Renumbering of former section
					 8510 to new section
					 7710 filed 1-29-96; operative
					 2-28-96 (Register 96, No. 6).
Note: Authority cited: Sections
						9303
						and
						9306.4,
						Welfare and Institutions Code. Reference: Section
						9301,
						Welfare and Institutions Code;
						42 U.S.C.
						3025(b)(5)(C) and
						3027(a)(5); and
						45 CFR
						1321.29(c) and
						1321.35(a).
California Code of Regulations › Title 22 - Social Security › Division 1.8 - California Department of Aging › Chapter 4 - Planning and Service Areas (PSAs) and Area Agencies on Aging (AAAs) [Repealed] › Article 7 - Title III Programs-State Hearings [Renumbered] › Section 8512 - Granting or Denial of a Request for a Hearing. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 3-14-95; operative 4-13-95 (Register 95, No. 11).
2.
					 Renumbering of former section
					 8512 to new section
					 7712 filed 1-29-96; operative
					 2-28-96 (Register 96, No. 5).
Note: Authority cited: Sections
						9303
						and
						9306.4,
						Welfare and Institutions Code. Reference: Section
						9301,
						Welfare and Institutions Code;
						42 U.S.C.
						3025(b)(5)(C) and
						3027(a)(5); and
						45 CFR
						1321.29(c) and
						1321.35(a).
California Code of Regulations › Title 22 - Social Security › Division 1.8 - California Department of Aging › Chapter 4 - Planning and Service Areas (PSAs) and Area Agencies on Aging (AAAs) [Repealed] › Article 7 - Title III Programs-State Hearings [Renumbered] › Section 8514 - Hearing Officer Function and Authority. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 3-14-95; operative 4-13-95 (Register 95, No. 11).
2.
					 Renumbering of former section
					 8514 to new section
					 7714 filed 1-29-96; operative
					 2-28-96 (Register 96, No. 5).
Note: Authority cited: Sections
						9303
						and
						9306.4,
						Welfare and Institutions Code. Reference: Section
						9301,
						Welfare and Institutions Code;
						42 U.S.C.
						3025(b)(5)(C) and
						3027(a)(5); and
						45 CFR
						1321.29(c) and
						1321.35(a).
California Code of Regulations › Title 22 - Social Security › Division 1.8 - California Department of Aging › Chapter 4 - Planning and Service Areas (PSAs) and Area Agencies on Aging (AAAs) [Repealed] › Article 7 - Title III Programs-State Hearings [Renumbered] › Section 8516 - Decision of the Hearing Officers. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 3-14-95; operative 4-13-95 (Register 95, No. 11).
2.
					 Renumbering of former section
					 8516 to new section
					 7716 filed 1-29-96; operative
					 2-28-96 (Register 96, No. 5).
Note: Authority cited: Sections
						9303
						and
						9306.4,
						Welfare and Institutions Code. Reference: Section
						9301,
						Welfare and Institutions Code;
						42 U.S.C.
						3025(b)(5)(C) and
						3027(a)(5); and
						45 CFR
						1321.29(c) and
						1321.35(a).
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 1 - Department of Social Services-Manuals of Policies and Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Department of Social Services and the Department of Health
				Services have adopted and filed with the Secretary of State the regulations
				hereinafter listed, together with various additions, amendments, and repealers
				thereof adopted and filed from time to time. These regulations are, for the
				present, separately published, not as part of the California Administrative
				Code.
Information concerning the regulations may be obtained, and the
				manuals may be purchased, from the Department of Social Services, 744 P Street,
				Sacramento, California 95814. Copies are on file and available for public use
				in the office of the welfare department of each county. Some public libraries
				have them.
A list of rules so compiled and published follows:
MANUALS OF POLICIES AND PROCEDURES
Eligibility and Assistance Standards
Fiscal Management and Control
Food Stamp Regulations
Operations
[FN*] Social Service Standards
Specialized Programs
* Specialized Social Services and Related Programs
Staff Development and Training
Statistical Reports
DEPARTMENT BULLETINS
Department bulletins are not compiled in booklet form.
				Individual bulletins are sent to holders of the manual to which the bulletin
				applies.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 1 - Health and Welfare Agency › Chapter 1 - DISPLACED HOMEMAKERS PROGRAMS › Article 1 - DEFINITIONS › Section 10001 - Barriers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Barriers" means conditions or circumstances which
						  interfere with achievement of independence and self-sufficiency. Barriers
						  include, but are not limited to, the following conditions or
						  circumstances:
(a) Lack of job
						skills.
(b) Health problems
						(physical, mental, or emotional).
(c) Handicap.
(d) Financial problems.
(e) Legal problems.
(f) Age.
(g) Inadequate housing.
(h) Inadequate child or family
						care.
(i) Poor work
						attitudes.
(j) Lack of
						transportation.
(k) Lack of
						education, including language problems.
1. New
						  Chapter 1 (Articles 1-4; Sections
						  10001-10046, not consecutive)
						  filed 6-7-78; effective thirtieth day thereafter (Register 78, No.
						  23).
Note: Authority cited for Chapter 1 (Sections
							 10001-10046, not consecutive):
							 Sections
							 7310,
							 7312,
							 7330 and
							 7332,
							 Government Code. Reference: Sections
							 7300-
							 7314 and
							 7320-
							 7335,
							 Government Code.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 1 - Health and Welfare Agency › Chapter 1 - DISPLACED HOMEMAKERS PROGRAMS › Article 1 - DEFINITIONS › Section 10002 - Barrier Reduction

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Barrier reduction" means reducing the effect a barrier
						  has over a person's ability to attain independence and self-sufficiency, as
						  measured by progress toward goal attainment.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 1 - Health and Welfare Agency › Chapter 1 - DISPLACED HOMEMAKERS PROGRAMS › Article 1 - DEFINITIONS › Section 10003 - Barrier Removal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Barrier removal" means the elimination of identifiable
						  barriers which preclude independence and self-sufficiency.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 1 - Health and Welfare Agency › Chapter 1 - DISPLACED HOMEMAKERS PROGRAMS › Article 1 - DEFINITIONS › Section 10004 - Depended on Income

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Depended on income" means relied on such income in
						  order to meet expenses for necessities, including, but not limited to, shelter,
						  food, clothing, and transportation.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 1 - Health and Welfare Agency › Chapter 1 - DISPLACED HOMEMAKERS PROGRAMS › Article 1 - DEFINITIONS › Section 10005 - Family Member

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Family member" means a spouse, grandparent, parent,
						  child, brother, or sister, including adoptive, step, and foster
						  relationships.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 1 - Health and Welfare Agency › Chapter 1 - DISPLACED HOMEMAKERS PROGRAMS › Article 1 - DEFINITIONS › Section 10006 - Gainfully Employed

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Gainfully employed" means that within the preceding 30
						  days before application for services, the displaced homemaker has met either of
						  the following standards:
(a) Worked
						more than an average of 20 hours per week.
(b) Earned more than 50 percent of the
						applicable minimum wage had the displaced homemaker been working full time
						during that 30-day period.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 1 - Health and Welfare Agency › Chapter 1 - DISPLACED HOMEMAKERS PROGRAMS › Article 1 - DEFINITIONS › Section 10007 - Healthy

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Healthy" means the absence or sufficient control of
						  disease or infirmity so that an individual is able to pursue those activities
						  which lead to independence and self-sufficiency.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 1 - Health and Welfare Agency › Chapter 1 - DISPLACED HOMEMAKERS PROGRAMS › Article 1 - DEFINITIONS › Section 10008 - Independence and Self-Sufficiency

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Independence and self-sufficiency" refers to a
						  determination on an individual basis that the identified and recorded needs of
						  a displaced homemaker have been met.