reglab/statecodes huggingface dataset:
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 87144 - Personal Rights

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 filed 12-30-87; operative 1-29-88 (Register 88, No. 2).
2. Change
					 without regulatory effect renumbering Section
					 87144 to Section
					 87572 filed 11-17-88 (Register 88,
					 No. 49).
Note: Authority cited: Section
						1530,
						Health and Safety Code. Reference: Sections
						1569.1,
						1569.30,
						1569.31
						and
						1569.313,
						Health and Safety Code.
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 3 - Application Procedures › Section 87156 - Licensing Fees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An
				  applicant or licensee shall be charged fees as specified in Health and Safety
				  Code Section
				  1569.185.
(b) The annual fee shall be according to
				  existing licensed capacity unless the licensee requests a lower or higher
				  capacity.
(c) An additional fee
				  shall be charged when the licensee requests an increase or decrease in capacity
				  as specified in Health and Safety Code Section
				  1569.185(b)(1)(C).
(d) When a licensee moves a facility from one
				  location to another, the relocation fee shall be as specified in Health and
				  Safety Code Section
				  1569.185(b)(1)(A).
(1) To qualify for the relocation fee the
				  following shall apply:
(A) The licensee shall
				  have notified the licensing agency before actually relocating the
				  facility.
(B) The categorical type
				  of facility shall remain the same when relocating the facility.
(C) The fee shall be by requested capacity at
				  the new location.
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 3 - Application Procedures › Section 87157 - Application Review

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) No
				  initial license shall be issued until the licensing agency has completed the
				  following:
(1) A review which includes an
				  on-site survey of the proposed premises and a determination of the
				  qualifications of the applicant.
(2) A determination that the applicant has
				  secured a fire clearance from the State Fire Marshal.
(3) A determination that the applicant and
				  facility comply with the provisions of Chapter 3 (commencing with Section
				  1569) of Division 2 of the Health
				  and Safety Code, and the regulations in this chapter.
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 3 - Application Procedures › Section 87158 - Capacity

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A license shall
				  be issued for a specific capacity which shall be the maximum number of
				  residents which can be provided care at any given time. The capacity shall be
				  exclusive of any members of the licensee's own family who reside at the
				  facility. However, the licensing agency shall consider the presence of other
				  family members or other persons who reside in the facility in determining
				  capacity in order to ensure and promote proper living arrangements for both the
				  licensee's family and the residents and to ensure the provision of adequate
				  care and supervision for the residents.
(b) The number of persons that the facility
				  is licensed to admit shall be determined on the basis of the application review
				  by the licensing agency which shall consider:
(1) Physical energy and skills of the
				  licensee as it relates to their ability to meet the needs of the
				  residents.
(2) Any other household
				  members who may reside at the facility and their individual needs.
(3) Physical features of the facility, such
				  as available living space, which are necessary in order to comply with
				  regulations.
(4) Number of
				  available staff to meet the care needs of the residents.
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 3 - Application Procedures › Section 87159 - Withdrawal of Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  The applicant may withdraw an application. However, unless the licensing agency
				  consents in writing to such withdrawal, the Department or licensing agency
				  shall not be deprived of its authority to institute or continue a proceeding
				  against the applicant for the denial of the license upon any ground provided by
				  law or to enter an order denying the license upon any such ground.
(b) The fee for processing the application
				  shall be forfeited.
1. Change
					 without regulatory effect renumbering section
					 87230 to new section
					 87159, including amendment of
					 NOTE, filed 3-5-2008 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2008, No. 10).
Note: Authority cited: Section
						1569.30,
						Health and Safety Code. Reference: Sections
						1569.185,
						1569.20,
						1569.22,
						1569.50,
						1569.51
						and
						1569.52,
						Health and Safety Code.
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 3 - Application Procedures › Section 87161 - Resubmission of Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  A new application shall be made whenever there is any change in conditions or
				  limitations described n the current license, including, but not limited to:
(1) Any change in the location of the
				  facility.
(2) Any change in the
				  licensee.
(3) Failure to complete a
				  new application within the required time limit.
(4) Any increase in capacity.
(A) Minor capacity increases may be granted
				  following an evaluation by the licensing agency without the need for
				  resubmission of an application.
(5) A corporate organizational change,
				  including but not limited to, change in structure, sale or transfer of the
				  majority of stock, separating from a parent company, or merger with another
				  company. The licensee shall notify the licensing agency of such organizational
				  change within forty-eight (48) hours.
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 3 - Application Procedures › Section 87162 - Provisional License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  licensing agency may issue a provisional license to an applicant who has
				  submitted a completed application for an initial license if the licensing
				  agency determines that there are no life safety risks, that the facility is in
				  substantial compliance, as defined in Section
				  87101(s)(6), with
				  applicable law and regulations, and an immediate need for licensure exists as
				  defined in Section
				  87101(i)(3).
(1) A provisional license shall not be issued
				  as specified in Health and Safety Code section
				  1569.1515(b).
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 3 - Application Procedures › Section 87200 - Alterations to Existing Buildings or New Facilities. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
					 without regulatory effect renumbering Section
					 87200 to Section
					 87686 filed 11-17-88 (Register 88,
					 No. 49). For prior history, see Register 88, No. 2.
2. Change
					 without regulatory effect removing article 3 heading filed 3-5-2008 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2008, No. 10).
Note: Authority cited: Section
						1530,
						Health and Safety Code. Reference: Sections
						1501,
						1530,
						1531,
						and
						1537,
						Health and Safety Code.
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 4 - Operating Requirements › Section 87202 - Fire Clearance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  All facilities shall maintain a fire clearance approved by the city, county, or
				  city and county fire department or district providing fire protection services,
				  or the State Fire Marshal. Prior to accepting or retaining any of the following
				  types of persons, the applicant or licensee shall notify the licensing agency
				  and obtain an appropriate fire clearance approved by the city, county, or city
				  and county fire department or district providing fire protection services, or
				  the State Fire Marshal:
(1) Nonambulatory
				  persons.
(2) Bedridden
				  persons
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 4 - Operating Requirements › Section 87203 - Fire Safety

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
All facilities shall be maintained in conformity with the
					 regulations adopted by the State Fire Marshal for the protection of life and
					 property against fire and panic.
1. Change
					 without regulatory effect renumbering former section
					 87689 to new section
					 87203, including amendment of
					 NOTE, filed 3-5-2008 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2008, No. 10).
Note: Authority cited: Section
						1569.30,
						Health and Safety Code. Reference: Sections
						1569.31
						and
						1569.312,
						Health and Safety Code.
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 4 - Operating Requirements › Section 87204 - Limitations-Capacity and Ambulatory Status

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A licensee shall not operate a facility
				  beyond the conditions and limitations specified on the license, including
				  specification of the maximum number of persons who may receive services at any
				  one time. An exception may be made in the case of catastrophic emergency when
				  the licensing agency may make temporary exceptions to the approved
				  capacity.
(b) Resident rooms
				  approved for 24-hour care of ambulatory residents only shall not accommodate
				  nonambulatory residents. Residents whose condition becomes nonambulatory shall
				  not remain in rooms restricted to ambulatory residents.
1. Change
					 without regulatory effect renumbering former section
					 87110 to section
					 87204 filed 3-5-2008 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2008, No. 10). For prior history of section
					 87204, see Register 88, No.
					 2.
Note: Authority cited: Section
						1569.30,
						Health and Safety Code. Reference: Sections
						1569.2,
						1569.31
						and
						1569.312,
						Health and Safety Code.
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 4 - Operating Requirements › Section 87205 - Accountability of Licensee Governing Body

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The licensee, whether an individual or
				  other entity, shall exercise general supervision over the affairs of the
				  licensed facility and establish policies concerning its operation in
				  conformance with these regulations and the welfare of the individuals it
				  serves.
(b) If the licensee is a
				  corporation or an association, the governing body shall be active, and
				  functioning in order to assure accountability.
1. Change
					 without regulatory effect renumbering former section
					 87560, subsections (a) and (b) to
					 section 87205, including amendment of
					 section heading, filed 3-5-2008 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2008, No. 10).
Note: Authority cited: Section
						1569.30,
						Health and Safety Code. Reference: Sections
						1569.1,
						1569.2,
						1569.15,
						1569.16,
						1569.17,
						1569.31
						and
						1569.312,
						Health and Safety Code.
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 4 - Operating Requirements › Section 87206 - Advertisements and License Number

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In accordance with Health and Safety Code
				  Sections
				  1569.68
				  and
				  1569.681,
				  licensees shall reveal each facility license number in all public
				  advertisements, including Internet, or correspondence.
(b) Licensees who operate more than one
				  facility and use a common advertisement for these facilities shall be required
				  to list each facility license number in accordance with Health and Safety Code
				  sections
				  1569.681
				  and
				  1569.68.
1. Change
					 without regulatory effect renumbering former section
					 87111 to section
					 87206 filed 3-5-2008 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2008, No. 10). For prior history of section
					 87206, see Register 88, No.
					 2.
Note: Authority cited: Section
						1569.30,
						Health and Safety Code. Reference: Sections
						1569.68
						and
						1569.681,
						Health and Safety Code.
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 4 - Operating Requirements › Section 87207 - False Claims

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
No licensee, officer or employee of a licensee shall make
					 or disseminate any false or misleading statement regarding the facility of any
					 of the services provided by the facility.
1. Change
					 without regulatory effect renumbering former section
					 87112 to new section
					 87207, including amendment of
					 NOTE, filed 3-5-2008 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2008, No. 10).
Note: Authority cited: Section
						1569.30,
						Health and Safety Code. Reference: Section
						1569.44,
						Health and Safety Code.
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 4 - Operating Requirements › Section 87208 - Plan of Operation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Each facility shall have and maintain a current, written definitive plan of
				  operation. The plan and related materials shall be on file in the facility and
				  shall be submitted to the licensing agency with the license application. Any
				  significant changes in the plan of operation which would affect the services to
				  residents shall be submitted to the licensing agency for approval. The plan and
				  related materials shall contain the following:
(1) Statement of purposes and program
				  goals.
(2) A copy of the Admission
				  Agreement, containing basic and optional services.
(3) Statement of admission policies and
				  procedures regarding acceptance of persons for services.
(4) Administrative organization.
(5) Staffing plan, qualifications and
				  duties.
(6) Plan for training
				  staff, as required by Section
				  87411(c).
(7) Sketches, showing dimensions, of the
				  following:
(A) Building(s) to be occupied,
				  including a floor plan that describes the capacities of the buildings for the
				  uses intended and a designation of the rooms to be used for nonambulatory
				  residents and for bedridden residents, other than for a temporary illness or
				  recovery from surgery as specified in Sections
				  87606(d) and
				  (e).
(B) The grounds showing buildings, driveways,
				  fences, storage areas, pools, gardens, recreation area and other space used by
				  the residents.
(8)
				  Transportation arrangements for persons served who do not have independent
				  arrangements.
(9) A statement
				  whether or not the applicant will handle residents' money or valuables. If
				  money or valuables will be handled, the method for safeguarding pursuant to
				  Sections 87215, Commingling of Money,
				  87216, Bonding and 87217, Safeguards for Resident Cash, Personal Property, and
				  Valuables.
(10) A statement of the
				  facility's policy concerning family visits and other communication with
				  clients, as specified in Health and Safety Code Section
				  1569.313.
(11) If the licensee intends to admit and/or
				  specialize in care for one or more residents who have a documented history of
				  behaviors that may result in harm to self or others, the facility plan of
				  operation shall include a description of precautions that will be taken to
				  protect that resident and all other residents.
(12) The Infection Control Plan pursuant to
				  Section 87470.
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 4 - Operating Requirements › Section 87209 - Program Flexibility

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  The use of alternate concepts, programs, services, procedures, techniques,
				  equipment, space, personnel qualifications or staffing ratios, or the conduct
				  of experimental or demonstration projects shall not be prohibited by these
				  regulations provided that:
(1) Such
				  alternatives shall be carried out with provisions for safe and adequate
				  services.
(2) A written request for
				  a waiver or exception and substantiating evidence supporting the request shall
				  be submitted in advance to the licensing agency by the applicant or
				  licensee.
(3) Prior written
				  approval of the licensing agency shall be received.
(A) In determining the merits of each
				  request, the licensing agency shall use as guidelines the standards utilized or
				  recommended by well-recognized state and national organizations as
				  appropriate.
(B) The licensing
				  agency shall provide written approval or denial.
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 4 - Operating Requirements › Section 87211 - Reporting Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Each licensee shall furnish to the licensing agency such reports as the
				  Department may require, including, but not limited to, the following:
(1) A written report shall be submitted to
				  the licensing agency and to the person responsible for the resident within
				  seven days of the occurrence of any of the events specified in (A) through (D)
				  below. This report shall include the resident's name, age, sex and date of
				  admission; date and nature of event; attending physician's name, findings, and
				  treatment, if any; and disposition of the case.
(A) Death of any resident from any cause
				  regardless of where the death occurred, including but not limited to a day
				  program, a hospital, en route to or from a hospital, or visiting away from the
				  facility.
(B) Any serious injury as
				  determined by the attending physician and occurring while the resident is under
				  facility supervision.
(C) The use
				  of an Automated External Defibrillator.
(D) Any incident which threatens the welfare,
				  safety or health of any resident, such as psychological abuse of a resident by
				  staff or other residents, or unexplained absence of any
				  resident.
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 4 - Operating Requirements › Section 87212 - Emergency Disaster Plan

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each facility shall have a disaster and
				  mass casualty plan of action. The plan shall be in writing and shall be readily
				  available.
(b) The plan shall be
				  subject to review by the Department and shall include:
(1) Designation of administrative authority
				  and staff assignments.
(2) Plan for
				  evacuation including:
(A) Fire safety
				  plan.
(B) Means of
				  exiting.
(C) The assembly of
				  residents to a predetermined evacuation site.
(D) Transportation arrangements.
(E) Relocation sites which are equipped to
				  provide safe temporary accommodations for residents.
(F) Supervision of residents during
				  evacuation or relocation and contact after relocation to assure that relocation
				  has been completed as planned.
(G)
				  Means of contacting local agencies such as fire department, law enforcement
				  agencies, civil defense and other disaster authorities.
(3) Provision for notifying a resident's
				  hospice agency, if any, in the event of evacuation and/or
				  relocation.
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 4 - Operating Requirements › Section 87213 - Finances

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The licensee shall have a financial plan that conforms to
					 the requirements of Section
					 87155, Application for License,
					 and that assures sufficient resources to meet operating costs for care of
					 residents; shall maintain adequate financial records; and shall submit such
					 financial reports as may be required upon the written request of the licensing
					 agency. Such request shall explain the need for disclosure. The licensing
					 agency reserves the right to reject any financial report and to request
					 additional information or examination including interim financial
					 statements.
1. Change
					 without regulatory effect renumbering former section
					 87562 to new section
					 87213, including amendment of
					 section and NOTE, filed 3-5-2008 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2008, No. 10).
Note: Authority cited: Section
						1569.30,
						Health and Safety Code. Reference: Sections
						1569.1,
						1569.2
						and
						1569.15,
						Health and Safety Code.
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 4 - Operating Requirements › Section 87215 - Commingling of Money

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Money and valuables of residents entrusted to the licensee
					 of one community care facility licensed under a particular license number shall
					 not be commingled with those of another community care facility of a different
					 license number, regardless of joint ownership.
1. Change
					 without regulatory effect renumbering section
					 87225 to new section
					 87215, including amendment of
					 NOTE, filed 3-5-2008 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2008, No. 10).
Note: Authority cited: Section
						1569.30,
						Health and Safety Code. Reference: Sections
						1569.1,
						1569.31,
						1569.60
						and
						1569.61,
						Health and Safety Code.
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 4 - Operating Requirements › Section 87216 - Bonding

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each licensee,
				  other than a county, who is entrusted to safeguard resident cash resources,
				  shall file or have on file with the licensing agency a copy of a bond issued by
				  a surety company to the State of California as principal.
(1) The amount of the bond shall be in
				  accordance with the following schedule:
Total Safeguarded Per Month
Bond Required
$750 or
							 less..........................
..........................
							 $1,000
$751 to
							 $1,500..........................
..........................
							 $2,000
$1,501 to
							 $2,500..........................
..........................
							 $3,000
Every further increment of $1,000 or fraction thereof shall
					 require an additional $1,000 on the bond.
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 4 - Operating Requirements › Section 87217 - Safeguards for Resident Cash, Personal Property, and Valuables

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A licensee
				  shall not be required to handle residents' cash resources. However, if a
				  resident incapable of handling his own cash resources, as documented by the
				  initial or subsequent appraisal, is accepted for care, his cash resource shall
				  be safeguarded in accordance with the regulations in this section.
(b) Every facility shall take appropriate
				  measures to safeguard residents' cash resources, personal property and
				  valuables which have been entrusted to the licensee or facility staff. The
				  licensee shall give the residents receipts for all such articles or cash
				  resources.
(c) Every facility shall
				  account for any cash resources entrusted to the care or control of the licensee
				  or facility staff.
(1) Cash resources include
				  but are not limited to monetary gifts, tax credits and/or refunds, earnings
				  from employment or workshops, and personal and incidental need allowances from
				  funding sources such as SSI-SSP.
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 4 - Operating Requirements › Section 87218 - Theft and Loss

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  licensee shall ensure an adequate theft and loss program as specified in Health
				  and Safety Code Section
				  1569.153.
(1) The initial personal property inventory
				  shall be completed by the licensee and the resident or the resident's
				  representative.
(2) A licensee who
				  fails to make reasonable efforts to safeguard resident property, shall
				  reimburse a resident for or replace stolen or lost resident property at its
				  current value. The licensee shall be presumed to have made reasonable efforts
				  to safeguard resident property if there is clear and convincing evidence of
				  efforts to meet each requirement specified in Section
				  1569.153.
(A) A civil penalty shall be levied if the
				  licensee or facility staff have not implemented a theft and loss program, or if
				  the licensee has not shown clear and convincing evidence of its efforts to meet
				  all of the requirements set forth in Section
				  1569.153.
(3) The facility contract of admission,
				  including all documents a resident or his or her representative must sign as a
				  condition of admission, shall not require or suggest a lesser standard of
				  responsibility for the personal property of residents than the law
				  requires.
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 4 - Operating Requirements › Section 87219 - Planned Activities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Residents shall be encouraged to maintain and develop their fullest potential
				  for independent living through participation in planned activities. The
				  activities made available shall include:
(1)
				  Socialization, achieved through activities such as group discussion and
				  conversation, recreation, arts, crafts, music, and care of pets.
(2) Daily living skills/activities which
				  foster and maintain independent functioning.
(3) Leisure time activities cultivating
				  personal interests and pursuits, and encouraging leisure-time activities with
				  other residents.
(4) Physical
				  activities such as games, sports and exercise which develop and maintain
				  strength, coordination and range of motion.
(5) Education, achieved through special
				  classes or activities.
(6)
				  Provision for free time so residents may engage in activities of their own
				  choosing.
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 4 - Operating Requirements › Section 87219.1 - Criminal Record Exemption. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 5-18-2000 as an emergency; operative 5-18-2000 (Register 2000,
					 No. 20). Pursuant to Section
					 73 of Senate Bill 933, Chapter
					 311, Statutes of 1998 a Certificate of Compliance must be transmitted to OAL by
					 11-14-2000 or emergency language will be repealed by operation of law on the
					 following day.
2. Editorial correction of HISTORY 1 (Register 2000,
					 No. 38).
3. Certificate of Compliance as to 5-18-2000 order
					 transmitted to OAL 11-14-2000 and filed 12-19-2000 (Register 2000, No.
					 51).
4. Amendment filed 7-14-2003 as an emergency; operative
					 7-16-2003 (Register 2003, No. 29). A Certificate of Compliance must be
					 transmitted to OAL by 11-13-2003 or emergency language will be repealed by
					 operation of law on the following day.
5. Amendment refiled
					 11-12-2003 as an emergency; operative 11-12-2003 (Register 2003, No. 46). A
					 Certificate of Compliance must be transmitted to OAL by 3-11-2004 or emergency
					 language will be repealed by operation of law on the following
					 day.
6. Amendment refiled 3-11-2004 as an emergency; operative
					 3-11-2004 (Register 2004, No. 11). A Certificate of Compliance must be
					 transmitted to OAL by 7-9-2004 or emergency language will be repealed by
					 operation of law on the following day.
7. Certificate of Compliance
					 as to 3-11-2004 order, including further amendment of section, transmitted to
					 OAL 7-9-2004 and filed 8-20-2004 (Register 2004, No. 34).
8.
					 Amendment of section and NOTE filed 7-11-2006; operative 8-10-2006 (Register
					 2006, No. 28).
9. Change without regulatory effect renumbering
					 former section
					 87219.1 to new section
					 87356 filed 3-5-2008 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2008, No. 10).
Note: Authority cited: Section
						1569.30,
						Health and Safety Code. Reference: Section
						1569.17,
						Health and Safety Code; and Gresher v. Anderson (2005) 127 Cal. App. 4th
						88.
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 4 - Operating Requirements › Section 87220 - Fire Clearance. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
					 without regulatory effect renumbering Section
					 87406 to Section
					 87220 filed 11-17-88 (Register 88,
					 No. 49). For prior history, see Registers 88, No. 34 and 88, No.
					 30.
2. Change without regulatory effect renumbering former section
					 87220 to section
					 87202 filed 3-5-2008 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2008, No. 10).
Note: Authority cited: Section
						1569.30,
						Health and Safety Code. Reference: Sections
						1569.2,
						1569.30
						and
						1569.312,
						Health and Safety Code.
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 4 - Operating Requirements › Section 87221 - Resident Councils

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The facility shall permit the formation of a resident
					 council by interested residents, provide space and post notice for meetings,
					 and provide assistance in attending meetings for those residents who request
					 it. In order to permit a free exchange of ideas, at least part of each meeting
					 shall be allowed to be conducted without the presence of any facility
					 personnel. Residents shall be encouraged, but shall not be compelled to attend.
					 The purpose of such an organization shall be to work with the administration in
					 improving the quality of life for all residents by enriching the activity
					 program and to discuss the services offered by the facility and make
					 recommendations regarding identified problems.
1. Change
					 without regulatory effect renumbering former section
					 87592 to new section
					 87221, including amendment of
					 NOTE, filed 3-5-2008 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2008, No. 10).
Note: Authority cited: Section
						1569.30,
						Health and Safety Code. Reference: Sections
						1569.31
						and
						1569.312,
						Health and Safety Code.
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 4 - Operating Requirements › Section 87222 - Requirements for Emergency Adult Protective Services Placements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The licensee shall be permitted to accept
				  emergency placements by an adult protective services (APS) agency, if the
				  licensee has received approval from the Department to provide emergency shelter
				  services.
(1) To obtain approval, the
				  licensee shall submit a written request to the Department. The request shall
				  include, but not be limited to, the following:
(A) A letter of interest from the county APS
				  agency stating that if the request to provide emergency shelter services is
				  approved, the APS agency may enter into an agreement with the licensee to
				  provide such services.
1. A copy of the
				  written agreement between the APS agency and the licensee, listing the
				  responsibilities of each party, shall be sent to the Department within seven
				  calendar days of signing.
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 4 - Operating Requirements › Section 87223 - Relocation of Resident

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  When a resident must be relocated by Department order whether individual
				  health-condition relocations pursuant to Section
				  87637, Health Condition Relocation
				  Order, or temporary suspension orders pursuant to Section
				  87775(c), the
				  licensee shall not obstruct the relocation process and shall cooperate with the
				  Department in the relocation process. Such cooperation shall include, but not
				  be limited to, the following activities:
(1)
				  Identifying and preparing for removal of the medications, Medi-Cal or Medicare
				  or other medical insurance documents. clothing, safeguarded cash resources,
				  valuables and other belongings of the resident.
(2) Contacting the person responsible for the
				  resident to assist in transporting him or her, if necessary.
(3) Contacting other suitable facilities for
				  placement, if necessary.
(4)
				  Providing access to resident's files when required by the
				  Department.
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 4 - Operating Requirements › Section 87224 - Eviction Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  The licensee may evict a resident for one or more of the reasons listed in
				  Section 87224(a)(1) through
				  (5). Thirty (30) days written notice to the
				  resident is required except as otherwise specified in paragraph (5).
(1) Nonpayment of the rate for basic services
				  within ten days of the due date.
(2) Failure of the resident to comply with
				  state or local law after receiving written notice of the alleged
				  violation.
(3) Failure of the
				  resident to comply with general policies of the facility. Said general policies
				  must be in writing, must be for the purpose of making it possible for residents
				  to live together and must, be made part of the admission agreement.
(4) If, after admission, it is determined
				  that the resident has a need not previously identified and a reappraisal has
				  been conducted pursuant to Section
				  87463, and the licensee and the
				  person who performs the reappraisal believe that the facility is not
				  appropriate for the resident.
(5)
				  Change of use of the facility.
(A) The
				  licensee may, upon no less than sixty (60) days written notice, evict a
				  resident due to change of use of the facility.
1. In addition to written notice to quit
				  requirements specified in Section
				  87224(d), written
				  notice to evict due to change of use of the facility shall be made to the
				  resident or the resident's responsible person and shall include all
				  requirements specified in Section
				  1569.682(a)(2)(A) through
				  (F) of the Health and Safety
				  Code.
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 4 - Operating Requirements › Section 87225 - Commingling of Money. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
					 without regulatory effect renumbering Section
					 87142 to Section
					 87225 filed 11-17-88 (Register 88,
					 No. 49). For prior history, see Register 88, No. 2.
2. Change
					 without regulatory effect renumbering section
					 87225 to new section
					 87215 filed 3-5-2008 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2008, No. 10).
Note: Authority cited: Section
						1530,
						Health and Safety Code. Reference: Sections
						1501,
						1530,
						1531,
						1560,
						and
						1561,
						Health and Safety Code.
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 4 - Operating Requirements › Section 87226 - Bonding. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
					 without regulatory effect renumbering Section
					 87140 to Section
					 87226 filed 11-17-88 (Register 88,
					 No. 49). For prior history, see Register 88, No. 2.
2. Editorial
					 correction of section number in Reference (Register 89, No. 6).
3.
					 Change without regulatory effect renumbering section
					 87226 to new section
					 87216 filed 3-5-2008 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2008, No. 10).
Note: Authority cited: Section
						1569.30,
						Health and Safety Code. Reference: Sections
						1569.1,
						1569.15,
						1569.30,
						1569.31,
						1569.312,
						1569.60
						and
						1569.61,
						Health and Safety Code.
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 4 - Operating Requirements › Section 87227 - Safeguards for Cash Resources, Personal Property, and Valuables of Residents. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
					 without regulatory effect renumbering section
					 87138 to section
					 87227 filed 11-17-88 (Register 88,
					 No. 49). For prior history, see Registers 88, No. 2 and 87, No.
					 25.
2. Change without regulatory effect amending section filed
					 3-14-94 pursuant to title 1, section
					 100, California Code of
					 Regulations (Register 91, No. 22).
3. Editorial correction
					 implementing amendments referenced in HISTORY 2 and adding history note
					 (Register 94, No. 11).
4. Change without regulatory effect amending
					 subsection (d) filed 3-14-94 pursuant to title 1, section
					 100, California Code of
					 Regulations (Register 94, No. 11).
5. New subsection (d)(3)(A),
					 amendment of subsections (d)(4) and (f), new subsection (f)(1), subsection
					 relettering and amendment of newly designated subsection (g)(3) and NOTE filed
					 8-21-95; operative 9-20-95 (Register 95, No. 34).
6. Editorial
					 correction amending NOTE (Register 2008, No. 10).
7. Change without
					 regulatory effect renumbering section
					 87227 to new section
					 87217 filed 3-5-2008 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2008, No. 10).
Note: Authority cited: Section
						1569.30,
						Health and Safety Code. Reference: Sections
						1569.1,
						1569.15,
						1569.30,
						1569.31,
						1569.60
						and
						1569.61,
						Health and Safety Code; Section
						11006.9,
						Welfare and Institutions Code; and
						20 CFR
						416.601.
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 4 - Operating Requirements › Section 87227.1 - Theft and Loss. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 7-23-2002; operative 8-22-2002 (Register 2002, No.
					 30).
2. Change without regulatory effect renumbering section
					 87227.1 to new section
					 87218 filed 3-5-2008 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2008, No. 10).
Note: Authority cited: Section
						1569.30,
						Health and Safety Code. Reference: Sections
						1569.152,
						1569.153
						and
						1569.154,
						Health and Safety Code.
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 4 - Operating Requirements › Section 87228 - Application Review. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
					 without regulatory effect renumbering section
					 87410 to section
					 87228 filed 11-17-88 (Register 88,
					 No. 49). For prior history, see Register 88, No. 34.
2. New
					 subsection (b) and NOTE filed 10-9-91; operative 11-8-91 (Register 92, No.
					 8).
3. Change without regulatory effect amending subsection (b)(4)
					 filed 6-15-2005 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2005, No. 24).
4. Change without regulatory
					 effect renumbering section
					 87228 to new section
					 87157 filed 3-5-2008 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2008, No. 10).
Note: Authority cited: Section
						1569.30,
						Health and Safety Code. Reference: Sections
						1569.15,
						1569.16,
						1569.17,
						1569.20
						and
						1569.205,
						Health and Safety Code.
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 4 - Operating Requirements › Section 87229 - Capacity. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
					 without regulatory effect renumbering Section
					 87136 to Section
					 87229 filed 11-17-88 (Register 88,
					 No. 49).
2. Change without regulatory effect renumbering section
					 87229 to new section
					 87158 filed 3-5-2008 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2008, No. 10).
Note: Authority cited: Section
						1569.30,
						Health and Safety Code. Reference: Sections
						1569.2,
						1569.31
						and
						1569.312,
						Health and Safety Code.
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 4 - Operating Requirements › Section 87230 - Withdrawal of Application. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
					 without regulatory effect renumbering Section
					 87408 to Section
					 87230 filed 11-17-88 (Register 88,
					 No. 49). For prior history, see Registers 88, No. 34 and 88, No.
					 2.
2. Change without regulatory effect amending section and NOTE
					 filed 6-29-2001 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2001, No. 26).
3. Change without regulatory
					 effect renumbering section
					 87230 to new section
					 87159 filed 3-5-2008 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2008, No. 10).
Note: Authority cited: Section
						1530,
						Health and Safety Code. Reference: Sections
						1569.185,
						1569.20,
						1569.22,
						1569.30,
						1569.50,
						1569.51
						and
						1569.52,
						Health and Safety Code.
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 4 - Operating Requirements › Section 87231 - Provisional License. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
					 without regulatory effect renumbering section
					 87412 to section
					 87231 filed 11-17-88 (Register 88,
					 No. 49). For prior history, see Register 88, No. 34.
2. Change
					 without regulatory effect amending lettering and correcting cross-references
					 filed 5-28-91 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 91, No. 28).
3. New subsection (a)(1) and
					 amendment of NOTE filed 10-4-2000; operative 11-3-2000 (Register 2000, No.
					 40).
4. Change without regulatory effect renumbering section
					 87231 to new section
					 87162 filed 3-5-2008 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2008, No. 10).
Note: Authority cited: Section
						1569.30,
						Health and Safety Code. Reference: Sections
						1569.15,
						1569.1515(b),
						1569.17,
						1569.18,
						1569.20,
						1569.21,
						1569.22,
						1569.23
						and
						1569.24,
						Health and Safety Code.