California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 8 - Residential Care Facilities for the Elderly (RCFE) › Article 2 - 2. License › Section 87107 - Exemption from Licensure

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  The following shall be allowed to operate without being licensed as a
				  residential facility for the elderly.
(1) Any
				  health facility, as defined by Health and Safety Code Section
				  1250.
(2) Any clinic, as defined by Health and
				  Safety Code Section
				  1200.
(3) Any facility conducted by and for the
				  adherents of any well-recognized church or religious denomination for the
				  purpose of providing facilities for the care or treatment of the sick who
				  depend on prayer or spiritual means for healing in the practice of the religion
				  of such church or denomination. Such facilities shall be limited to those
				  facilities or portions thereof which substitute prayer for medical/nursing
				  services which would otherwise be provided for or required by residents in a
				  health facility, as defined by Sections
				  1200
				  or
				  1250
				  of the Health and Safety Code.
(4)
				  Any house, institution, hotel, or other similar place that supplies board and
				  room only, or room only, or board only, if no element of care and/or
				  supervision, as defined by this chapter, is provided, made available, or
				  contractually promised, such as in a life care agreement or program agreement
				  with a facility. However, this shall not preclude care and/or supervision
				  provided for brief and irregular periods of time for reasons such as temporary
				  illnesses or emergencies provided that such is determined to be minor and
				  temporary and does not require twenty-four (24) hour supervision of the
				  resident(s).
(5) Recovery houses or
				  other similar facilities providing group living arrangements for persons
				  recovering from alcoholism or drug addiction where the facility provides no
				  care and supervision.
(6) Any
				  alcoholism recovery facility as defined by Health and Safety Code section
				  11834.02(a)
				  relating to alcohol programs.
(7)
				  Any care and supervision of persons by a family member. For purposes of this
				  section "family member" means any spouse, by marriage or otherwise, child or
				  stepchild, by natural birth or by adoption, parent, brother, sister,
				  half-brother, half-sister, parent-in-law, brother-in-law, sister-in-law,
				  nephew, niece, aunt, uncle, first cousin, or any person denoted by the prefix
				  "grand" or "great", or the spouse of any of these persons, even if the marriage
				  has been terminated by death or dissolution.
(8) Any arrangement for the care and
				  supervision of a person or persons from only one family by a close friend who
				  is not a licensee or current employee of a Residential Care Facility for the
				  Elderly or of an Adult Residential Facility, and whose friendship pre-existed a
				  provider/recipient relationship, and all of the following conditions are met:
(A) The care and supervision is provided in a
				  home or residence chosen by the recipient, regardless of who owns the home or
				  residence.
(B) The arrangement is
				  not of a business nature, in that the provider does not represent himself or
				  herself as being in the business of provision of care, and any compensation
				  that may be paid to the provider is only for the value of the services
				  rendered.
(C) The arrangement
				  occurs and continues only as long as the needs for care and supervision of the
				  recipient are being adequately met.
(9) Any housing project for elderly or
				  disabled individuals that meets federal requirements as specified in Health and
				  Safety Code Section
				  1569.145(g).
(10) Any similar facility as determined by
				  the Director.