reglab/statecodes huggingface dataset:
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 8.5 - Residential Care Facilities for the Chronically Ill › Article 3 - Application Procedures › Section 87827 - Initial Application Review

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Within 90 days of receipt by the
				  Department of the application specified in Section
				  87818, the Department shall give
				  written notice to the applicant of one of the following:
(1) The application is complete.
(2) The application is deficient, describing
				  what documents are outstanding and/or inadequate, and informing the applicant
				  that the information must be submitted within 30 days of the date of the
				  notice.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 8.5 - Residential Care Facilities for the Chronically Ill › Article 3 - Application Procedures › Section 87828 - Capacity Determination

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A license shall be issued for a specific
				  capacity not to exceed 50 persons.
(b) The number of persons for whom the
				  facility is licensed to provide care and supervision shall be determined on the
				  basis of the application review by the Department, which shall take into
				  consideration the following:
(1) Whether the
				  appropriate fire clearance has been approved.
(2) The applicant's/licensee's ability to
				  comply with applicable laws and regulations.
(3) Any other household members who reside at
				  the facility and their individual needs.
(A)
				  The applicant's/licensee's responsibilities to other persons in the home may
				  preclude his/her ability to care for residents.
(4) Physical features of the facility,
				  including available living spaces, which are necessary in order to comply with
				  regulations.
(5) Number of
				  qualified staff available to meet the care and supervision needs of the
				  residents.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 8.5 - Residential Care Facilities for the Chronically Ill › Article 3 - Application Procedures › Section 87829 - Withdrawal of Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  An applicant shall have the right to withdraw an application for a license.
(1) Such withdrawal shall be in
				  writing.
(2) The fee for processing
				  the application shall be forfeited.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 8.5 - Residential Care Facilities for the Chronically Ill › Article 3 - Application Procedures › Section 87830 - Provisional License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  Department shall have the authority to issue a provisional license to an
				  applicant, pending action on a completed application for an initial license, if
				  it determines that all of the following circumstances exist:
(1) The facility is in substantial compliance
				  with applicable law and regulation.
(2) An urgent need for licensure
				  exists.
(3) A corporate applicant's
				  board of directors, executive director and officer are eligible for licensure
				  as specified in Health and Safety Code Section
				  1568.042(b).
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 8.5 - Residential Care Facilities for the Chronically Ill › Article 3 - Application Procedures › Section 87831 - Issuance of License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Within 90 days of the date that a completed application, as defined in Section
				  87801(c)(6), has
				  been received, the Department shall give written notice to the applicant of one
				  of the following:
(1) The application has been
				  approved.
(2) The application has
				  been denied.
(A) The notice of denial shall
				  include the information specified in Section
				  87840.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 8.5 - Residential Care Facilities for the Chronically Ill › Article 3 - Application Procedures › Section 87832 - Term of an Initial or Renewal License. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 6-7-91 as an emergency; operative 6-7-91 (Register 91, No. 38). A
					 Certificate of Compliance must be transmitted to OAL by 10-7-91 or emergency
					 language will be repealed by operation of law on the following
					 day.
2. New section refiled 12-3-91 as an emergency; operative
					 12-3-91 (Register 92, No. 9). A Certificate of Compliance must be transmitted
					 to OAL 4-1-92 or emergency language will be repealed by operation of law on the
					 following day.
3. Certificate of Compliance as to 12-3-91 order
					 transmitted to OAL 4-1-92 and filed 5-13-92 (Register 92, No.
					 23).
4. Repealer filed 11-4-96; operative 12-4-96 (Register 96, No.
					 45).
Note: Authority cited: Section
						1568.072,
						Health and Safety Code. Reference: Sections
						1568.061
						and
						1568.072,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 8.5 - Residential Care Facilities for the Chronically Ill › Article 3 - Application Procedures › Section 87833 - Application for Renewal of a License. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 6-7-91 as an emergency; operative 6-7-91 (Register 91, No. 38). A
					 Certificate of Compliance must be transmitted to OAL by 10-7-91 or emergency
					 language will be repealed by operation of law on the following
					 day.
2. New section refiled 12-3-91 as an emergency; operative
					 12-3-91 (Register 92, No. 9). A Certificate of Compliance must be transmitted
					 to OAL 4-1-92 or emergency language will be repealed by operation of law on the
					 following day.
3. Certificate of Compliance as to 12-3-91 order
					 including amendment of subsections (a) and (c) transmitted to OAL 4-1-92 and
					 filed 5-13-92 (Register 92, No. 23).
4. Repealer filed 11-4-96;
					 operative 12-4-96 (Register 96, No. 45).
Note: Authority cited: Section
						1568.072,
						Health and Safety Code. Reference: Sections
						1568.061
						and
						1568.072,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 8.5 - Residential Care Facilities for the Chronically Ill › Article 3 - Application Procedures › Section 87834 - Submission of New Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A licensee shall file a new application
				  as required by Section
				  87818 whenever there is a change
				  in conditions or limitations described on the current license, including, but
				  not limited to, the following:
(1) Any change
				  in the location of the facility.
(A) Under
				  these circumstances, the licensee shall be required to pay the reduced fee as
				  specified in Section
				  87836(c).
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 8.5 - Residential Care Facilities for the Chronically Ill › Article 3 - Application Procedures › Section 87835 - Conditions for Forfeiture of a Residential Care Facility for the Chronically Ill License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  facility license shall be forfeited when the licensee:
(1) Sells or otherwise transfers the facility
				  or facility property, except when change of ownership applies to transferring
				  of stock when the facility is owned by a corporation, and when such transfer of
				  stock does not constitute a majority change of ownership.
(2) Surrenders the license to the
				  department.
(3) Moves a facility
				  from one location to another.
(4)
				  Is convicted of any crime specified in Sections
				  220,
				  243.4 or
				  264.1, or paragraph (1) of Section
				  273 a, Section
				  273d,
				  288, or
				  289 of the
				  Penal Code, or is convicted of another crime specified in subdivision (c) of
				  Section
				  667.5 of the
				  Penal Code.
(5)
				  Dies.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 8.5 - Residential Care Facilities for the Chronically Ill › Article 3 - Application Procedures › Section 87836 - Licensing Fees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  applicant or licensee shall pay fees charged by the Department as specified in
				  Health and Safety code Section
				  1568.05.
(b) A fee shall be charged at the time of
				  application and annually thereafter according to capacity.
(c) When a licensee moves a facility from one
				  location to another, the relocation fee shall be as specified in Health and
				  Safety Code Section
				  1568.05(b)(1)(A).
(1) The relocation fee shall be charged under
				  either of the following conditions:
(A) The
				  facility moves from one location to another and notifies the Department at
				  least 30 calendar days before actual relocation.
OR
(B)
				  The facility relocates due to an emergency.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 8.5 - Residential Care Facilities for the Chronically Ill › Article 4 - Administrative Actions › Section 87840 - Denial of Initial License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Except as specified in Section
				  87830, the Department shall deny
				  an application for an initial license if the applicant is not in compliance
				  with applicable laws and regulations.
(1) The
				  Department shall have the authority to deny an application for an initial
				  license if the applicant has failed to pay any penalty assessments pursuant to
				  Section 87854 and Section
				  87858 in accordance with a final
				  judgment issued by a court of competent jurisdiction, unless payment
				  arrangements acceptable to the Department have been made.
(2) An application for licensure shall be
				  denied as specified in Health and Safety Code Section
				  1568.042(b).
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 8.5 - Residential Care Facilities for the Chronically Ill › Article 4 - Administrative Actions › Section 87841 - Denial of a Renewal License. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 6-7-91 as an emergency; operative 6-7-91 (Register 91, No. 38). A
					 Certificate of Compliance must be transmitted to OAL by 10-7-91 or emergency
					 language will be repealed by operation of law on the following
					 day.
2. New section refiled 12-3-91 as an emergency; operative
					 12-3-91 (Register 92, No. 9). A Certificate of Compliance must be transmitted
					 to OAL 4-1-92 or emergency language will be repealed by operation of law on the
					 following day.
3. Certificate of Compliance as to 12-3-91 order
					 transmitted to OAL 4-1-92 and filed 5-13-92 (Register 92, No.
					 23).
4. Repealer filed 11-4-96; operative 12-4-96 (Register 96, No.
					 45).
Note: Authority cited: Section
						1568.072,
						Health and Safety Code. Reference: Sections
						1568.062,
						1568.063
						and
						1568.072,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 8.5 - Residential Care Facilities for the Chronically Ill › Article 4 - Administrative Actions › Section 87842 - Revocation or Suspension of License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Department shall have the authority
				  to suspend or revoke any license under any of the following conditions:
(1) Violation by the licensee of any of the
				  provisions of Health and Safety Code, Division 2, Chapter 3.01 (commencing with
				  Section 1568.01) or applicable
				  regulations.
(2) Aiding, abetting,
				  or permitting the violation by the licensee of any provision of Health and
				  Safety Code, Division 2, Chapter 3.01 (commencing with Section
				  1568.01) and applicable
				  regulations promulgated under this chapter.
(3) Conduct which is inimical to the health,
				  welfare, or safety of either an individual in or receiving services from the
				  facility or the people of the State of California.
(4) The provision of services beyond the
				  level the facility is authorized to provide, or accepting or retaining
				  residents who require services of a higher level than the facility is
				  authorized to provide.
(5) Engaging
				  in acts of financial malfeasance concerning the operation of a facility,
				  including, but not limited to, improper use or embezzlement of client moneys
				  and property or fraudulent appropriation for personal gain of facility moneys
				  and property, or willful or negligent failure to provide services.
(6) A corporate licensee having a member of
				  the board of directors, an executive director, or an officer who is not
				  eligible for licensure as specified in Health and Safety Code Section
				  1568.042(c).
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 8.5 - Residential Care Facilities for the Chronically Ill › Article 4 - Administrative Actions › Section 87843 - Licensee/Applicant Complaints

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Each licensee/applicant shall have a right, without prejudice, to notify the
				  Department of any alleged misapplication or capricious enforcement of
				  regulations by any licensing representative, or of any differences in opinion
				  between the licensee and any licensing representative concerning the proper
				  application of these regulations.
1. New
					 section filed 6-7-91 as an emergency; operative 6-7-91 (Register 91, No. 38). A
					 Certificate of Compliance must be transmitted to OAL by 10-7-91 or emergency
					 language will be repealed by operation of law on the following
					 day.
2. New section refiled 12-3-91 as an emergency; operative
					 12-3-91 (Register 92, No. 9). A Certificate of Compliance must be transmitted
					 to OAL 4-1-92 or emergency language will be repealed by operation of law on the
					 following day.
3. Certificate of Compliance as to 12-3-91 order
					 transmitted to OAL 4-1-92 and filed 5-13-92 (Register 92, No.
					 23).
Note: Authority cited: Section
						1568.072,
						Health and Safety Code. Reference: Section
						1568.072,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 8.5 - Residential Care Facilities for the Chronically Ill › Article 4 - Administrative Actions › Section 87844 - Inspection Authority of the Department

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Department shall have the authority
				  to conduct an inspection of any licensed residential care facility or
				  residential care facility which has applied to be licensed at any time.
(1) The Department shall conduct an
				  inspection of the licensed facility within 90 days after the date of issuance
				  of a license.
(2) Any duly
				  authorized officer, employee, or agent of the Department may, upon presentation
				  of proper identification, enter and inspect any place providing personal care,
				  supervision and services at any time, with or without advance notice, to secure
				  compliance with, or to prevent a violation of, any provision of this
				  chapter.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 8.5 - Residential Care Facilities for the Chronically Ill › Article 4 - Administrative Actions › Section 87845 - Evaluation Visits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All
				  facilities shall be evaluated periodically and inspected by the Department to
				  determine compliance with applicable laws and regulations.
(b) The Department shall have the authority
				  to conduct evaluations and inspections at least once per year or more often if
				  deemed necessary by the Director.
1. New
					 section filed 6-7-91 as an emergency; operative 6-7-91 (Register 91, No. 38). A
					 Certificate of Compliance must be transmitted to OAL by 10-7-91 or emergency
					 language will be repealed by operation of law on the following
					 day.
2. New section refiled 12-3-91 as an emergency; operative
					 12-3-91 (Register 92, No. 9). A Certificate of Compliance must be transmitted
					 to OAL 4-1-92 or emergency language will be repealed by operation of law on the
					 following day.
3. Certificate of Compliance as to 12-3-91 order
					 transmitted to OAL 4-1-92 and filed 5-13-92 (Register 92, No.
					 23).
Note: Authority cited: Section
						1568.072,
						Health and Safety Code. Reference: Sections
						1568.07
						and
						1568.072,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 8.5 - Residential Care Facilities for the Chronically Ill › Article 4 - Administrative Actions › Section 87846 - Exclusions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Department
				  may prohibit an individual from serving as a member of the board of directors,
				  executive director, or officer; being employed or allowing in a licensed
				  facility as specified in Health and Safety Code Sections
				  1568.092
				  and
				  1568.093.
1. New
					 section filed 10-4-2000; operative 11-3-2000 (Register 2000, No.
					 40).
Note: Authority cited: Section
						1568.072,
						Health and Safety Code. Reference: Sections
						1568.092
						and
						1568.093,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 8.5 - Residential Care Facilities for the Chronically Ill › Article 5 - Enforcement Provisions › Section 87852 - Deficiencies in Compliance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  When a licensing evaluation is conducted and the evaluator determines that a
				  deficiency exists, the evaluator shall issue a notice of deficiency, unless the
				  deficiency is not serious and is corrected during the visit.
(b) Prior to completion of an evaluation or
				  other licensing visit, the licensee, administrator, or other person in charge
				  of the facility shall meet with the evaluator to discuss any deficiencies
				  noted, to jointly develop a plan for correcting each deficiency, and to
				  acknowledge receipt of the notice of deficiency.
(c) The notice of deficiency shall be in
				  writing and shall include the following:
(1)
				  Citation of the law or regulation which has been violated.
(2) A description of the nature of the
				  deficiency stating the manner in which the licensee failed to comply with a
				  specified law or regulation, and the particular place or area of the facility
				  in which it occurred.
(3) The plan
				  developed, as specified in (b) above, for correcting each deficiency.
(4) A date by which each deficiency shall be
				  corrected.
(A) In determining the date for
				  correcting a deficiency, the evaluator shall consider the following factors:
1. The potential hazard presented by the
				  deficiency.
2. The number of
				  residents affected.
3. The
				  availability of equipment or personnel necessary to correct the
				  deficiency.
4. The estimated time
				  necessary for delivery and for any installation of necessary
				  equipment.
(B) The time
				  limit for correcting a deficiency shall not be more than 30 calendar days
				  following the date the notice of deficiency was served.
(C) The Department shall have the authority
				  to require the deficiency to be corrected before the 30 calendar day time limit
				  for serious deficiencies.
(D) The
				  Department shall have the authority to require the correction of serious
				  deficiencies within 24 hours or less if they present an immediate threat to the
				  health and safety of the residents.
(5) The amount of the penalty being assessed
				  and the date the penalty begins.
(6) The address and telephone number of the
				  Department office responsible for reviewing notices of deficiencies for the
				  area in which the facility is located.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 8.5 - Residential Care Facilities for the Chronically Ill › Article 5 - Enforcement Provisions › Section 87853 - Follow-up Visits to Determine Compliance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A follow-up visit shall be conducted to
				  determine compliance with the plan of correction specified in the notice of
				  deficiency.
(1) The follow-up visit shall be
				  conducted within ten working days following the dates of corrections specified
				  in the notice of deficiency, unless the licensee has demonstrated that the
				  deficiency was corrected as required.
(2) Except as specified in Section
				  87854, no penalty shall be
				  assessed unless a follow-up visit is conducted.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 8.5 - Residential Care Facilities for the Chronically Ill › Article 5 - Enforcement Provisions › Section 87854 - Penalties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A penalty of
				  $50 per day, per cited violation, shall be assessed for serious deficiencies
				  that are not corrected by the date specified in the notice of deficiency, up to
				  a maximum of $150 per day.
(b) An
				  immediate penalty of $100 per cited violation per day for a maximum of five (5)
				  days shall be assessed if any individual required to be fingerprinted under
				  Health and Safety Code Section
				  1568.09(b)
				  has not obtained a California clearance or a criminal record exemption,
				  requested a transfer of a criminal record clearance or requested and be
				  approved for a transfer of an exemption as specified in Section
				  87819(d) prior to
				  working, residing or volunteering in the facility.
(1) Subsequent violations, within a twelve
				  (12) month period will result in a civil penalty of one hundred dollars ($100)
				  per violation per day for a maximum of thirty (30) days.
(2) The Department may assess civil penalties
				  for continued violations as permitted by Health and Safety Code Section
				  1568.0822.
(3) Progressive civil penalties specified in
				  Sections 87854(c) and (d)
				  below shall not apply.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 8.5 - Residential Care Facilities for the Chronically Ill › Article 5 - Enforcement Provisions › Section 87855 - Administrative Review

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  licensee or his/her representative shall have the right to request a review of
				  a notice of deficiency and/or notice of penalty, within 10 working days of
				  receipt of such notice(s).
(1) If the
				  deficiency has not been corrected, penalties shall continue to accrue during
				  the review process.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 8.5 - Residential Care Facilities for the Chronically Ill › Article 5 - Enforcement Provisions › Section 87855.1 - Denial or Revocation of License for Failure to Pay Civil Penalties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The licensee
				  shall be responsible for paying civil penalties.
(1) Unless otherwise provided, the transfer,
				  surrender, forfeiture or revocation of a license shall not affect the
				  licensee's responsibility for paying any civil penalties accrued while the
				  license was in effect.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 8.5 - Residential Care Facilities for the Chronically Ill › Article 5 - Enforcement Provisions › Section 87858 - Unlicensed Facility Penalties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An immediate penalty of $100 per resident
				  per day shall be assessed for the operation of an unlicensed facility under the
				  following condition:
(1) The operator has not
				  submitted a completed application for licensure within 15 calendar days of
				  issuance of the Notice of Operation in Violation of Law, (LIC 195 (9/87))
				  pursuant to Section
				  87806, and continues to operate.
(A) For purposes of this section, an
				  application shall be deemed complete if it includes the information required in
				  Section 87818.
(B) The completed application shall be deemed
				  to be submitted when received by the Department.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 8.5 - Residential Care Facilities for the Chronically Ill › Article 5 - Enforcement Provisions › Section 87859 - Unlicensed Facility Administrative Appeal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The operator of an unlicensed facility or
				  his/her representative shall have the right to appeal the penalty assessment
				  within 10 working days after service of the penalty assessment.
(1) If the unlicensed facility operation has
				  not ceased, the penalty shall continue to accrue during the appeal
				  process.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 8.5 - Residential Care Facilities for the Chronically Ill › Article 6 - Continuing Requirements › Section 87860 - Basic Services to be Provided by the Facility

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All licensees of Residential Care
				  Facilities for the Chronically Ill shall ensure the provision of the basic
				  services specified below:
(1) Safe and
				  healthful living accommodations and services.
(A) The resident shall have securable storage
				  space for personal items.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 8.5 - Residential Care Facilities for the Chronically Ill › Article 6 - Continuing Requirements › Section 87861 - Reporting Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Each licensee or applicant shall furnish information to the Department as
				  required by the Department in order to carry out its statutory and regulatory
				  responsibilities, including, the information specified in this
				  section.
(b) Upon the occurrence,
				  during the operation of the facility, of any of the events specified in (1)
				  below, a report shall be made to the Department on the same day or within the
				  Department's next working day during its normal business hours. In addition, a
				  written report containing the information specified in (2) below shall be
				  submitted to the Department within seven days following the occurrence of such
				  event.
(1) Events reported shall include the
				  following:
(A) Death of any resident from any
				  cause.
(B) Any injury to any
				  resident which requires medical treatment.
(C) The use of an Automated External
				  Defibrillator.
(D) Any unusual
				  incident or resident abuse which threatens the physical or emotional health or
				  safety of any resident.
(E) Any
				  suspected physical or psychological abuse of any resident.
(F) Poisonings.
(G) Catastrophes.
(H) Communicable diseases, as specified in
				  California Code of Regulations, Title 17, Section
				  2502.
(I) Fires or explosions which occur in or on
				  the premises.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 8.5 - Residential Care Facilities for the Chronically Ill › Article 6 - Continuing Requirements › Section 87862 - Finances

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The licensee
				  shall meet the following financial requirements:
(1) Development and maintenance of a
				  financial plan which ensures resources necessary to meet operating costs for
				  care and supervision of residents.
(2) Maintenance of financial
				  records.
(3) Submission of
				  financial reports as required, upon the written request of the Department.
(A) Such request shall explain the necessity
				  for disclosure.
(B) The Department
				  shall have the authority to reject any financial report, and to request and
				  examine additional information including interim financial statements. The
				  reason(s) for rejection of the report shall be in
				  writing.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 8.5 - Residential Care Facilities for the Chronically Ill › Article 6 - Continuing Requirements › Section 87863 - Accountability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The licensee,
				  whether an individual or other entity, shall be accountable for the general
				  supervision of the licensed facility, and for the establishment of policies
				  concerning its operation.
(1) If the licensee
				  is a corporation or an association, the governing body shall be active and
				  functioning in order to ensure such accountability.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 8.5 - Residential Care Facilities for the Chronically Ill › Article 6 - Continuing Requirements › Section 87864 - Administrator-Qualifications and Duties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  All Residential Care Facilities for the Chronically Ill shall have an
				  administrator who has the following educational background and work experience
				  specified in either Subsection (1), (2), or (3) below:
(1) A baccalaureate degree in psychology,
				  social work or a related human services field, or be a registered nurse or
				  medical doctor.
(2) A baccalaureate
				  degree in any field with a minimum of one year of experience in a supervisory
				  or management position in human services.
(3) A minimum of four years of experience in
				  a supervisory or management position in human services.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 8.5 - Residential Care Facilities for the Chronically Ill › Article 6 - Continuing Requirements › Section 87864.1 - Facility Manager

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Each Residential Care Facility for the Chronically Ill shall have a Facility
				  Manager.
(1) If the administrator is
				  responsible for more than two facilities, the facility manager shall meet the
				  requirements of this section and also of Sections
				  87864(c) and
				  (d).
(2) An assistant Facility Manager shall be
				  designated to act in the capacity of the facility manager during the hours when
				  he/she is absent from the facility, including the evening and night
				  hours.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 8.5 - Residential Care Facilities for the Chronically Ill › Article 6 - Continuing Requirements › Section 87865 - Personnel Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  There shall be at least one staff person at the facility at all times who is
				  able to read, write, speak and understand English.
(b) Facility personnel shall be competent to
				  provide the services necessary to meet individual resident needs and shall, at
				  all times, be employed in numbers necessary to meet such needs.
(c) The Department shall have the authority
				  to require any licensee to provide additional staff whenever the Department
				  determines that additional staff are required for the provision of services
				  necessary to meet resident needs. The following factors shall be taken into
				  consideration in determining the need for additional staff.
(1) Needs of the particular
				  residents.
(2) Extent of the
				  services provided by the facility.
(3) Physical arrangements of the particular
				  facility.
(4) Existence of a state
				  of emergency or disaster.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 8.5 - Residential Care Facilities for the Chronically Ill › Article 6 - Continuing Requirements › Section 87865.1 - Staffing Ratios for Day and Night Care and Supervision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) There shall be a minimum of one direct
				  care staff person on duty whenever residents are present.
(b) For daytime hours, the minimum staffing
				  ratio shall be one direct care staff person up, awake, and on duty for every
				  ten residents on the premises.
(c)
				  For evening and night hours, the minimum staffing ratio shall be one direct
				  care staff person up, awake, and on duty for every fifteen residents on the
				  premises
(1) For evening and night hours, at
				  least one direct care staff person shall be on call within 30 minutes of the
				  facility in case of an emergency.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 8.5 - Residential Care Facilities for the Chronically Ill › Article 6 - Continuing Requirements › Section 87866 - Personnel Records

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  licensee shall ensure that personnel records are maintained on the licensee,
				  administrator and each employee. Each personnel record shall contain the
				  following information:
(1) Employee's full
				  name.
(2) Driver's license number
				  if the employee is to transport residents.
(3) Date of employment.
(4) A statement signed by the employee that
				  he/she is at least 18 years of age.
(5) Home address and phone number.
(6) Documentation of educational background,
				  continuing education hours, training and/or experience, as specified in Section
				  87865.
(7) Past work experience, including types of
				  employment and former employers.
(8) Duties of the employee.
(9) Termination date, if no longer employed
				  by the facility.
(10) Documentation
				  of first aid training.
(11)
				  Criminal record statement signed by the employee, as required by Section
				  87819.
(12) Documentation of either a criminal
				  record clearance or a criminal record exemption as required by Section
				  87819(d).
(13) A health screening as specified in
				  Section 87865(h).
(14) Tuberculosis test documents as specified
				  in Section
				  87865(h).
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 8.5 - Residential Care Facilities for the Chronically Ill › Article 6 - Continuing Requirements › Section 87868 - Admissions Agreements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  The licensee shall complete an individual written admission agreement with each
				  resident and the resident's authorized representative, if any.
(b) The licensee shall complete and maintain
				  in the resident's file a Telecommunications Device Notification form (LIC 9158,
				  5/97) for each resident whose pre-admission appraisal or medical assessment
				  indicates he/she is deaf, hearing-impaired, or otherwise disabled.
(c) Admission agreements shall specify the
				  following:
(1) Basic services.
(2) Available optional services,
(3) Payment provisions, including the
				  following:
(A) Basic rate.
(B) Optional services rates.
(C) Payor.
(D) Due date.
(E) Frequency of payment.
(4) Modification conditions, including
				  requirement for provision of at least 30 calendar days prior written notice to
				  the resident or his/her authorized representative of any basic rate change.
(A) It shall be acceptable for agreements
				  involving residents whose care is funded at government-prescribed rates to
				  specify that the effective date of government rate change shall be considered
				  the effective date for basic service rate change and that no prior notice is
				  necessary.
(5) Refund
				  conditions.
(6) Right of the
				  Department to perform the duties authorized in Section
				  87844.
(7) Conditions under which the agreement may
				  be terminated.
(8) The facility's
				  policy concerning family visits and other communication with
				  residents.
(9) That the resident is
				  required to designate a person to have Durable Power of Attorney for health
				  care for the resident.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 8.5 - Residential Care Facilities for the Chronically Ill › Article 6 - Continuing Requirements › Section 87868.1 - Resident Eviction Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The licensee shall be permitted to evict
				  a resident with 30 days written notice for any of the following reasons:
(1) Nonpayment of the basic rate for the
				  provision of basic services within ten days of the due date.
(2) Failure of the resident to comply with
				  the provisions of the Admission Agreement.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 8.5 - Residential Care Facilities for the Chronically Ill › Article 6 - Continuing Requirements › Section 87868.2 - Resident Relocation Plan

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In any instance where the Department does
				  not suspend the facility license and the Department requires that a resident be
				  relocated because the resident has a health condition(s) which cannot be cared
				  for within the limits of the license of the facility or which requires
				  inpatient care in a licensed health facility, the licensee shall prepare a
				  written relocation plan. The plan shall contain all necessary steps to be taken
				  to reduce stress to the resident which may result in transfer trauma.
(1) The written relocation plan shall
				  include, but not be limited to, the following:
(A) A specific date for beginning and a
				  specific date for completion of the process of safely relocating the resident.
				  The time frame for relocation may provide for immediate relocation but shall
				  not exceed 30 days.
(B) A specific
				  date when the resident and the resident's authorized representative, if any,
				  shall be notified of the need for relocation.
(C) A specific date when consultation with
				  the resident's physician shall occur to obtain a current medical assessment of
				  the resident's health needs, to determine the appropriate facility type for
				  relocation and to ensure that the resident's health care needs continue to be
				  met at all times during the relocation process.
(D) The method by which the licensee will
				  participate in the identification of an acceptable relocation site with the
				  resident and the authorized representative, if any. The licensee shall advise
				  the resident and/or the authorized representative that if the resident is to be
				  moved to another Residential Care Facility for the Chronically Ill, a
				  determination must be made that the resident's needs can be legally met in the
				  new facility before the move is made. If the resident's needs cannot be met in
				  the new facility, the resident must be moved to a facility licensed to provide
				  the necessary care.
(E) A list of
				  contacts made or to be made by the licensee with community resources, including
				  but not limited to, social workers, family members, clergy, to ensure that
				  services are provided to the resident before, during and after the move. The
				  need for the move shall be discussed with the resident to assure the resident
				  that support systems will remain in place.
(F) Measures to be taken until relocation to
				  protect the resident and/or meet the resident's health and safety
				  needs.
(G) An agreement to notify
				  the Department when the relocation has occurred, including the resident's new
				  address, if known.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 8.5 - Residential Care Facilities for the Chronically Ill › Article 6 - Continuing Requirements › Section 87868.3 - Department Relocation Determination

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Department shall require the
				  relocation of a resident to the inpatient care unit of a licensed health
				  facility if it is determined that the resident, due to his/her physical and/ or
				  mental health condition, requires a higher level of care than the facility can
				  legally provide.
(1) The Department shall
				  obtain an assessment of the resident's physical and/or mental health condition
				  from the appropriately skilled professional.
(A) The assessment shall include input from
				  the resident, his/her authorized representative, his/her physician and/or
				  surgeon, and the registered Nurse Case Manager.
(B) The assessment shall specify the type of
				  illness or health condition which the resident is experiencing, whether the
				  illness or health condition is episodic or continuous, and whether the
				  resident's need for a higher level of care is temporary or
				  permanent.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 8.5 - Residential Care Facilities for the Chronically Ill › Article 6 - Continuing Requirements › Section 87868.4 - Resident Requests for Review of Relocation Decision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A resident and/or his/her authorized
				  representative may request a review and determination of the Department's
				  Written Notice to Relocate specified in Section
				  87868.3(b).
(1) The resident's right to a review of the
				  Written Notice to Relocate by the Department shall not:
(A) Nullify a determination by the Department
				  that the resident's health and safety are in immediate danger and immediate
				  relocation is required.
(B) Apply
				  to the eviction procedures outlined in Section
				  87868.1.
(C) Authorize a right to a fair hearing or
				  any other review process not specified in this chapter.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 8.5 - Residential Care Facilities for the Chronically Ill › Article 6 - Continuing Requirements › Section 87870 - Resident Records

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  licensee shall ensure that a separate, complete, and current record is
				  maintained in the facility for each resident.
(b) Each record shall contain information
				  including, but not limited to, the following;
(1) Name of resident.
(2) Birthdate.
(3) Sex.
(4) Date of admission.
(5) Names, addresses, and telephone numbers
				  of the authorized representative.
(6) A signed copy of the admission agreement
				  specified in Section
				  87868.
(7) Name, address and telephone number of
				  physician, surgeon and dentist, and other medical and mental health providers,
				  if any.
(8) Medical assessment,
				  including ambulatory status.
(9)
				  Copy of tests for tuberculosis:
(A) Results
				  of a Mantoux tuberculin skin test recorded in millimeters and dated no more
				  than three months prior to the resident's placement into the facility,
				  excluding residents who have had a previously positive reaction.
(1) For a resident who has had a previously
				  positive reaction, there shall be written documentation to verify that he/she
				  tested positive for tuberculosis.
(B) Results of chest x-ray dated no more than
				  three months prior to the resident's placement into the facility.
(C) If the chest x-ray is abnormal or the
				  Mantoux tuberculin skin test is positive, a copy of the physician's statement
				  verifying that the resident does not have communicable tuberculosis.
(D) Copy of the test results updated once per
				  year, if applicable, as specified in Section
				  87894(d).
(10) Record of any illness or injury
				  requiring treatment by a physician or dentist and for which the facility
				  provided assistance to the resident in meeting his/her necessary medical and
				  dental needs.
(11) Record of
				  current medications, including the name of the prescribing physician, and
				  instructions, if any, regarding control and custody of medications.
(12) Date of termination of
				  services.
(13) An accounting of the
				  resident's cash resources, personal property, and valuables entrusted to the
				  licensee.
(14) The name, address,
				  and telephone number of any person or agency responsible for the care of a
				  resident, including, but not limited to, persons who have been granted durable
				  power of attorney for the resident or conservators for the resident and/or
				  his/her estate as specified in Section
				  87868(b)(9).
(15) Weekly weight record.
(16) Copy of the "DO NOT Resuscitate Order",
				  provided the resident has agreed to and signed the order.
(17) Copy of the Durable Power of Attorney
				  for Health Care document signed by the resident.
(18) Information regarding the resident's
				  individual services plan/team as specified in Section
				  87896.
(19) Copy of the current log as specified in
				  Section 87894(f).
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 8.5 - Residential Care Facilities for the Chronically Ill › Article 6 - Continuing Requirements › Section 87873 - Telephones

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All facilities
				  shall have telephone service on the premises.
(1) There shall be a telephone available for
				  use by residents which may be a pay telephone.