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 14 - Administrative Actions - General › Section 87775 - Revocation or Suspension of License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Pursuant to the provisions of Chapter 5
				  (commencing with Section
				  11500), Part 1, Division 3, Title
				  2, of the Government Code, the Department may suspend or revoke any license on
				  any of the grounds stipulated in Health and Safety Code Sections
				  1569.1515(c),
				  1569.50
				  and
				  1569.686(c).
(b) When the Director intends to seek
				  revocation of a license, the Director shall notify the licensee of the proposed
				  action and at the same time shall serve such person with an accusation. The
				  licensee has a right to a hearing prior to the revocation or suspension of a
				  license, except as provided in (c) below.
(c) The Director may temporarily suspend any
				  license prior to any hearing when in the Director's opinion such action is
				  necessary to protect the residents in the facility from any physical or mental
				  abuse or any other substantial threat to health or safety. When the Director
				  intends to temporarily suspend a license prior to a hearing, the Director shall
				  notify the licensee of the temporary suspension and the effective date thereof
				  and at the same time serve the licensee with an accusation.
(d) For either a revocation action or a
				  revocation and temporary suspension action, the Director shall within fifteen
				  (15) days of receipt of notice of defense ask the Office of Administrative
				  Hearings to set the matter for hearing.
(e) For a revocation and temporary suspension
				  action, the Director shall ask the Office of Administrative Hearings to hold
				  the hearing as soon as possible but not later than thirty (30) days after
				  receipt of the Notice of Defense.
1. Change
					 without regulatory effect adopting new article 14 (sections
					 87775-87777) and renumbering
					 former section
					 87342 to new section
					 87775, including amendment of
					 NOTE, filed 3-5-2008 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2008, No. 10).
2. Change without regulatory
					 effect amending subsection (a) and NOTE filed 5-9-2017 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2017, No. 19).
Note: Authority cited: Section
						1569.30,
						Health and Safety Code. Reference: Sections
						1569.1515,
						1569.50,
						1569.51,
						1569.52,
						1569.53
						and
						1569.686,
						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 14 - Administrative Actions - General › Section 87777 - Exclusions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Department
				  may prohibit an individual from serving as a board of directors, executive
				  director, or officer; being employed or allowed in a licensed facility as
				  specified in Health and Safety Code Sections
				  1569.58
				  and
				  1569.59.
1. Change
					 without regulatory effect renumbering former section
					 87346 to new section
					 87777 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
						1569.58
						and
						1569.59,
						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 15 - Administrator Certification Training Programs - Vendor Information › Section 87785 - Initial Certification Training Program Vendor and Program Approval Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Initial Certification Training Programs
				  shall be approved by the Department prior to being offered to applicants for
				  licensure or administrator certification.
(b) Any vendor applicant seeking approval of
				  an Initial Certification Training Program shall submit a written request to the
				  Department's Administrator Certification Section using the Request for Course
				  Approval form LIC 9140 and the Vendor Application/Renewal form LIC 9141. The
				  request shall be signed by an authorized representative of the vendor applicant
				  certifying that the information submitted is true and correct, and contain the
				  following:
(1) Name, type of entity, physical
				  address, e-mail address, and phone number of the vendor applicant requesting
				  approval and the name of the person in charge of the program.
(2) Subject title, classroom hours, proposed
				  dates, duration, time, location and proposed instructor of each
				  component.
(3) Written description
				  and educational objectives for each subject matter component, hourly topical
				  outline, teaching method, and description of course and participant evaluation
				  methods.
(A) The use of videos, videotapes,
				  video clips, or other visual recordings are permitted as media teaching aids in
				  an Initial Certification Training Program but shall not, in themselves,
				  constitute the Program or any subject matter component
				  thereof.
(4)
				  Qualifications of each proposed instructor as specified in Section
				  87785(i)(7).
(5) Locality(ies) in which the Training
				  Program will be offered.
(6) A list
				  and the locations of records to be maintained, pursuant to Section
				  87785(i)(5).
(7) A statement of whether or not the vendor
				  applicant and each proposed instructor held or currently holds a license,
				  certification or other approval as a professional in a specified field and the
				  certificate or license number(s).
(8) A statement of whether or not the vendor
				  applicant and each proposed instructor held or currently holds a State-issued
				  care facility license or was or is employed by a State-licensed care facility
				  and the license number.
(9) A
				  statement of whether or not the vendor applicant and each proposed instructor
				  was the subject of any legal, administrative, or other action involving
				  licensure, certification or other approvals as specified in Sections
				  87785(b)(7) and
				  (8).
(10) A non-refundable processing fee of one
				  hundred-fifty dollars ($150).
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 15 - Administrator Certification Training Programs - Vendor Information › Section 87786 - Denial of Request for Approval of an Initial Certification Training Program

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  Department may deny a request for approval of an Initial Certification Training
				  Program in accordance with Section
				  1569.616(i)(1)
				  of the Health and Safety Code. The Department shall provide the applicant with
				  a written notice of denial
(b) The
				  applicant may appeal the denial of the application in accordance with Section
				  1569.51
				  of the Health and Safety Code.
(c)
				  Any request for approval submitted by a vendor applicant whose application has
				  been previously denied shall be processed by the Department in accordance with
				  the provisions of Health and Safety Code section
				  1569.16(b).
1. Change
					 without regulatory effect renumbering former section
					 87730.1 to new section
					 87786 filed 3-5-2008 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2008, No. 10).
2. Amendment of subsections (a)
					 and (c) filed 12-30-2015; operative 1-1-2016 pursuant to Government Code
					 section
					 11343.4(b)(3)
					 (Register 2016, No. 1).
Note: Authority cited: Sections
						1569.23(d),
						1569.30
						and
						1569.616(j),
						Health and Safety Code. Reference: Sections
						1569.16,
						1569.23
						and
						1569.616,
						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 15 - Administrator Certification Training Programs - Vendor Information › Section 87787 - Revocation of an Initial Certification Training Program

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Department may revoke an Initial
				  Certification Training Program approval and remove the vendor from the list of
				  approved vendors if the vendor does not provide training consistent with
				  Section 87785, Initial Certification
				  Training Program Approval Requirements, or
(1) Is unable to provide training due to lack
				  of staff, funds or resources, or
(2) Misrepresents or makes false claims
				  regarding the training provided, or
(3) Demonstrates conduct in the
				  administration or instruction of the program that is illegal, inappropriate, or
				  inconsistent with the intent or requirements of the program, or
(4) Misrepresents or knowingly makes false
				  statements in the vendor application or during program instruction,
				  or
(5) Fails to correct
				  deficiencies and/or to pay civil penalties due.
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 15 - Administrator Certification Training Programs - Vendor Information › Section 87788 - Continuing Education Training Program Vendor Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any vendor applicant seeking approval as
				  a vendor of a Continuing Education Training Program shall obtain vendor
				  approval by the Department prior to offering any course to certificate
				  holders.
(b) Any vendor applicant
				  seeking approval to become a vendor of a Continuing Education Training Program
				  shall submit a written request to the Department's Administrator Certification
				  Section using the Vendor Application/Renewal form LIC 9141. The request shall
				  be signed by an authorized representative of the vendor applicant certifying
				  that the information submitted is true and correct, and contain the following:
(1) Name, type of entity, physical address,
				  e-mail address, and phone number of the vendor applicant requesting approval
				  and the name of the person in charge of the Program.
(2) A statement of whether or not the vendor
				  applicant held or currently holds a license, certification or other approval as
				  a professional in a specified field and the license or certificate
				  number.
(3) A statement of whether
				  or not the vendor applicant held or currently holds a State-issued care
				  facility license or was or is employed by a State-licensed care facility and
				  the license number.
(4) A statement
				  of whether or not the vendor applicant was the subject of any legal,
				  administrative or other action involving licensure, certification or other
				  approvals as specified in Sections
				  87788(b)(2) and
				  (3).
(5) A non-refundable processing fee of one
				  hundred dollars ($100).
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 15 - Administrator Certification Training Programs - Vendor Information › Section 87789 - Continuing Education Training Program Course Approval Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any Continuing
				  Education Training Program course shall be approved by the Department prior to
				  being offered to certificate holders.
(1) At
				  the sole discretion of the Department, continuing education credit may be
				  granted for training provided by the Department's licensing
				  staff.
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 15 - Administrator Certification Training Programs - Vendor Information › Section 87791 - Administrative Review of Denial or Revocation of a Continuing Education Course

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A vendor may
				  seek administrative review of the denial or revocation of course approval as
				  follows:
(1) The vendor must request
				  administrative review in writing to the Department's Administrative
				  Certification Section Manager within ten (10) days of the receipt of the
				  Department's notice denying or revoking course approval.
(2) The administrative review shall be
				  conducted by a higher-level staff person than the person who denied or revoked
				  course approval.
(3) If the
				  reviewer determines that the denial or revocation of course approval was not
				  issued in accordance with applicable statutes and regulations of the
				  Department, or that other circumstances existed that would have led to a
				  different decision, he/she shall have the authority to amend the denial or
				  revocation of course approval.
(4)
				  The reviewer shall send a written response to the vendor within thirty (30)
				  days of the Section's receiving the request per Section
				  87791(a)(1).
(5) The decision of the higher-level staff
				  person shall be final.
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 15 - Administrator Certification Training Programs - Vendor Information › Section 87792 - Denial of a Request for Approval of a Continuing Education Training Program

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Department
				  may deny a request for approval of a Continuing Education Training Program in
				  accordance with Health and Safety Code section
				  1569.616(i)(1).
				  The Department shall provide the applicant with a written notice of the
				  denial.
(b) The vendor applicant
				  may appeal the denial of the application in accordance with Health and Safety
				  Code section
				  1569.51.
(c) Any request for approval submitted by a
				  vendor applicant whose application has been previously denied shall be
				  processed by the Department in accordance with the provisions of Health and
				  Safety Code section
				  1569.16(b).
1. Change
					 without regulatory effect renumbering former section
					 87731.3 to new section
					 87792 filed 3-5-2008 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2008, No. 10).
2. Amendment filed 12-30-2015;
					 operative 1-1-2016 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2016, No. 1).
Note: Authority cited: Sections
						1569.23(d),
						1569.30
						and
						1569.616(j),
						Health and Safety Code. Reference: Sections
						1569.16,
						1569.51
						and
						1569.616,
						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 15 - Administrator Certification Training Programs - Vendor Information › Section 87793 - Revocation of a Continuing Education Training Program

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Department may revoke a Continuing
				  Education Training Program approval and remove the vendor from the list of
				  approved vendors if the vendor does not provide training consistent with
				  Sections 87788, Continuing Education
				  Training Program Vendor Requirements, and 87789, Continuing Education Training
				  Program Course Approval Requirements, or:
(1)
				  Is unable to provide training due to lack of staff, funds or resources;
				  or
(2) Misrepresents or makes false
				  claims regarding the training provided; or
(3) Demonstrates conduct in the
				  administration or instruction of the program that is illegal, inappropriate, or
				  inconsistent with the intent or requirements of the program; or
(4) Misrepresents or knowingly makes false
				  statements in the vendor application or during program instruction;
				  or
(5) Fails to correct
				  deficiencies and/or to pay civil penalties due.
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 15 - Administrator Certification Training Programs - Vendor Information › Section 87794 - 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 all deficiencies that
				  are not corrected as specified in the notice of deficiency.
(b) Unless otherwise ordered by the
				  Department, all penalties are due and payable upon receipt of notice of
				  payment, and shall be paid only by money order or cashier's check made payable
				  to the Department.
(c) The
				  Department shall have authority to file a claim in a court of competent
				  jurisdiction or to take other appropriate action for failure to pay penalties
				  as specified in (b) above.
1. New
					 section filed 12-30-2015; operative 1-1-2016 pursuant to Government Code
					 section
					 11343.4(b)(3)
					 (Register 2016, No. 1).
Note: Authority cited: Sections
						1569.30
						and
						1569.616(i),
						Health and Safety Code. Reference: Sections
						1569.185,
						1569.49
						and
						1569.495,
						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 15 - Administrator Certification Training Programs - Vendor Information › Section 87795 - Appeal Process

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  vendor may request in writing to the Department's Administrator Certification
				  Section Manager a review of a notice of deficiency or notice of penalty within
				  ten (10) working days of receipt of the notice. This review shall be conducted
				  by a higher level staff person other than the evaluator who issued the
				  notice.
(b) If the reviewer
				  determines that a notice of deficiency or notice of penalty was not issued in
				  accordance with applicable statutes and regulations, the reviewer shall amend
				  or dismiss the notice. In addition, the reviewer may extend the date specified
				  for correction of a deficiency if warranted by the facts or circumstances to
				  support a request for extension.
(c) The reviewer will send a written response
				  to the vendor within thirty (30) days of the Section's receiving a request as
				  described in (a) above.
1. New
					 section filed 12-30-2015; operative 1-1-2016 pursuant to Government Code
					 section
					 11343.4(b)(3)
					 (Register 2016, No. 1).
Note: Authority cited: Sections
						1569.30
						and
						1569.616(i),
						Health and Safety Code. Reference: Section
						1569.33,
						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 1 - License › Section 87800 - General

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The provisions of Chapters 1 and 8, Division 6 of Title 22
					 of the California Code of Regulations shall not apply to the provisions of
					 Chapter 8.5, Division 6, Residential Care Facilities For the Chronically
					 Ill.
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. Editorial correction (Register 2002, No.
					 14).
Note: Authority cited: Section
						1568.072,
						Health and Safety Code. Reference: Sections
						1568.02
						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 2 - Definitions › Section 87801 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The following
				  definitions shall apply wherever the terms are used throughout Division 6,
				  Chapter 8.5, except where specifically noted otherwise.
(1) "Activities of daily living" mean various
				  chores that must be completed by or for a person on a daily basis to meet
				  his/her personal needs.
(A) Such chores shall
				  include but not be limited to housework, meal preparation, laundry of
				  clothes/linens and other washable items, taking medication, money management,
				  transportation for personal or medical appointments, communicating with others
				  either through telephone or in writing, dressing, eating, toileting, bathing,
				  grooming, and ambulation.
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 2 - Definitions › Section 87805 - License Required

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Unless a facility is exempt from licensure as specified in Section
				  87807, no adult, firm,
				  partnership, association, corporation, county, city, public agency or other
				  governmental entity shall operate, establish, manage, conduct or maintain a
				  Residential Care Facility for the Chronically Ill, or hold out, advertise or
				  represent by any means to do so, without first obtaining a current valid
				  license from the Department.
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. Editorial correction (Register 2002, No.
					 14).
Note: Authority cited: Section
						1568.072,
						Health and Safety Code. Reference: Section
						1568.03,
						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 2 - Definitions › Section 87806 - Operation Without a License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An unlicensed facility, as defined in
				  Section 87801(u)(1), is
				  in violation of Section
				  1568.03(a)
				  of the Health and Safety Code unless exempted from licensure pursuant to
				  Section 87807.
(b) If the facility is alleged to be
				  operating without a license in violation of Section
				  1568.03
				  of the Health and Safety Code, the Department shall conduct a site visit and
				  evaluation of the facility to determine if it is operating without a
				  license.
(c) If the facility is
				  operating without a license, the Department shall issue a notice of operation
				  in violation of law.
(d) The
				  Department shall have the authority to assess an immediate penalty to
				  unlicensed operations as specified in Section
				  87858.
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. Editorial correction of subsections (a), (b) and (d)
					 (Register 2002, No. 14).
Note: Authority cited: Section
						1568.072,
						Health and Safety Code. Reference: Sections
						1568.03,
						1568.072
						and
						1568.0821,
						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 2 - Definitions › Section 87807 - Exemption from Licensure

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  The Residential Care Facility for the Chronically Ill regulations contained in
				  this chapter shall not apply to any of the following:
(1) Any health facility, as defined by
				  Section
				  1250
				  of the Health and Safety Code.
(2)
				  Any clinic, as defined by Section
				  1200
				  of the Health and Safety Code.
(3)
				  Any house, institution, hotel, share housing project, or other similar place
				  that supplies board and room only, or board only, which provides no element of
				  care and supervision and no resident requires any element of care and
				  supervision or protective supervision.
(4) Any arrangement for the receiving of care
				  and supervision provided to one person with a chronic, life-threatening illness
				  or to one family unit as defined in Section
				  87801(f)(1) by a
				  relative, guardian, conservator, significant other, or close friend.
(5) Any arrangement for the receiving of care
				  and supervision of one person with chronic, life-threatening illness or of one
				  family unit as defined in Section
				  87801(f)(1) from
				  only one family as respite for the relative, conservator, significant other, or
				  a close friend, if the arrangement is not for financial profit and does not
				  exceed 48 hours per month.
(6) Any
				  housing project for elderly or disabled individuals that meets federal
				  requirements specified in Health and Safety Code Section
				  1568.03(c)(5).
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 2 - Definitions › Section 87808 - Licensing of Integral Facilities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon written application from the
				  licensee, the Department shall have the authority to issue a single license for
				  separate buildings which might otherwise require separate licenses, provided
				  that all of the following requirements are met:
(1) Separate buildings or portions of the
				  facility are integral components of a single program.
(2) All components of the program are managed
				  by the same licensee.
(3) All
				  components of the program are conducted at a single site with a common
				  address.
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 2 - Definitions › Section 87809 - Prohibition of Dual Licensure. [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: 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 2 - Definitions › Section 87810 - Limitations on 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.
(1) Unemancipated minors who are not residing
				  in the facility with a guardian or custodial parent shall be prohibited from
				  residing in the facility.
(2) The
				  maximum capacity for which a license may be issued shall not exceed 50 persons,
				  including all of the following:
(A) adults
				  with HIV disease or AIDS,
(B)
				  adults in residence as members of family units whether or not they have HIV
				  disease or AIDS,
(C) emancipated
				  minors with HIV disease or AIDS, and
(D) children as members of family units
				  whether or not they have HIV disease or AIDS.
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 2 - Definitions › Section 87812 - False Claims

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) No
				  licensee, officer, or employee of a licensee shall make or disseminate any
				  false or misleading statement regarding the facility or any of the services
				  provided by the facility.
(b) No
				  licensee, officer, or employee of a licensee shall alter a license, or
				  disseminate an altered license.
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 3 - Application Procedures › Section 87817 - Applicant Qualifications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any adult shall be permitted to apply for
				  a license regardless of age, sex, race, religion, color, political affiliation,
				  national origin, disability, marital status, actual or perceived sexual
				  orientation, or ancestry.
(b) Prior
				  to filing an application, the applicant shall attend an orientation program
				  provided by the Department.
(1) The
				  orientation shall cover, but not be limited to, the following areas:
(A) Completion of the application for
				  license.
(B) Scope of
				  responsibility for operation of a Residential Care Facility for the Chronically
				  Ill.
(C) Information pertaining to
				  community services and resources.
(D) Applicable laws and
				  regulations.
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 87818 - Application for License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any
				  adult, firm, partnership, association, corporation, county, city, public agency
				  or other governmental entity desiring to obtain a license shall file with the
				  Department a verified application on forms specified below and furnished by the
				  Department:
(1) Application -- LIC 200
				  (9/87)
(2) Applicant Information --
				  LIC 215 (8/87)
(3) Designation of
				  Administrative Responsibility -- LIC 308 (3/87)
(4) Administrative Organization -- LIC 309
				  (8/86)
(5) Affidavit Regarding
				  Client Cash Resources -- LIC 400 (9/86)
(6) Estimated Operating Budget -- LIC 401
				  (11/82)
(7) Surety Bond -- LIC 402
				  (1/87)
(8) Financial Statement --
				  LIC 403 (3/83)
(9) Financial
				  Information Release and Verification -- LIC 404 (10/86)
(10) Personnel Report -- LIC 500
				  (10/86)
(11) Personnel Record --
				  LIC 501 (8/87)
(12) Health
				  Screening Report - Facility Personnel -- LIC 503 (9/86)
(13) Disaster and Mass Casualty Plan -- LIC
				  610 (10/88)
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 87819 - Criminal Record Clearance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  The Department shall conduct a criminal record review of all the persons listed
				  in Subsection (b) below and shall have the authority to approve or deny a
				  facility license, or employment, residence, or presence in the facility based
				  upon the results of such review.
(1) Prior to
				  the Department issuing a license, the applicant, administrator and any adults,
				  other than a client residing in the facility shall obtain a California criminal
				  record clearance or exemption.
(2)
				  A licensee or applicant for a license may request a transfer of a criminal
				  record clearance from one state licensed facility to another, or from TrustLine
				  to a state licensed facility by providing the following documents to the
				  Department:
(A) A signed Criminal Background
				  Clearance Transfer Request, LIC 9182 (Rev. 4/02).
(B) A copy of the individual's:
1. Driver's license, or
2. Valid identification card issued by the
				  Department of Motor Vehicles, or
3.
				  Valid photo identification issued by another state or the United States
				  government if the individual is not a California resident.
(C) Any other documentation required by the
				  Department (e.g., LIC 508, Criminal Record Statement [Rev. 1/03] and job
				  description).
(3) All
				  individuals subject to criminal record review shall be fingerprinted and sign a
				  Criminal Record Statement (LIC 508 [Rev. 1/03]) under penalty of perjury.
(A) A person signing the LIC 508 must:
1. Declare whether he/she has been convicted
				  of a crime, other than a minor traffic violation as specified in Section
				  87819(g)
				  regardless of whether the individual was granted a pardon for the conviction,
				  received an expungement pursuant to Penal Code 1203.4 or the individual's
				  record was sealed as a result of a court order.
2. If convicted of a crime other than a minor
				  traffic violation, as specified in Section
				  87819(g), provide
				  information regarding the conviction.
(4) The licensee shall submit the
				  fingerprints to the California Department of Justice, along with a second set
				  of fingerprints for the purpose of searching the records of the Federal Bureau
				  of Investigation, or complying with Section
				  87819(a)(2) prior
				  to the individual's employment, residence, or initial presence in the facility.
(A) Fingerprints shall be submitted to the
				  California Department of Justice by the licensee or sent by electronic
				  transmission to the California Department of Justice by a fingerprinting entity
				  approved by the California Department of Social
				  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 3 - Application Procedures › Section 87819.1 - Criminal Record Exemption

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Department will notify a licensee to
				  act immediately to terminate the employment of, remove from the facility or bar
				  from entering the facility any person described in Sections
				  87819.1(a)(1) through
				  (5) below while the Department considers
				  granting or denying an exemption. Upon notification, the licensee shall comply
				  with the notice.
(1) Any person who has been
				  convicted of, or is awaiting trial for, a sex offense against a
				  minor;
(2) Any person who has been
				  convicted of a felony;
(3) Any
				  person who has been convicted of an offense specified in Sections
				  243.4,
				  273a,
				  273d,
				  273g, or
				  368 of the
				  Penal Code or any other crime specified in Health and Safety Code Section
				  1568.09(c)(4);
(4) Any person who has been convicted of any
				  crime specified below:
(A) Battery
(B) Shooting at Inhabited Dwelling
(C) Corporal Injury on
				  Spouse/Cohabitant
(D) Discharging
				  Firearm with Gross Negligence
(E)
				  Exhibiting Weapon/Firearm
(F)
				  Threat to Commit a Crime Resulting in Gross Bodily Injury or Death
(G) Criminal Threat to Harm or Injure Another
				  Person
(H) Cruelty to
				  Animals
(I) Willful Harm or Injury
				  to Child; or
(5) Any
				  other person ordered to be removed 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 3 - Application Procedures › Section 87820 - Fire Clearance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  All facilities shall secure and maintain a fire clearance approved by the city
				  or county fire department, the district providing fire protection services, or
				  the State Fire Marshal.
(1) The Department
				  shall maintain a copy of the request and the fire clearance report in the
				  facility file.
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 87821 - Water Supply Clearance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  All facilities where water for human consumption is from a private source shall
				  meet the following requirements:
(1) As a
				  condition of initial licensure, the applicant shall provide evidence of an
				  on-site inspection of the source of the water and a bacteriological analysis
				  which establishes the safety of the water, conducted by the local health
				  department, the State Department of Health Services or a licensed commercial
				  laboratory.
(2) Subsequent to
				  initial licensure, the licensee shall provide evidence of a bacteriological
				  analysis of the private water supply as frequently as necessary to ensure the
				  safety of the residents, but no less frequently than specified in the following
				  table:
LICENSED
							 CAPACITY
ANALYSIS
							 REQUIRED
PERIODIC SUBSEQUENT
							 ANALYSIS
6 or fewer
Initial Licensing
Not
							 required unless evidence supports the need for such analysis to protect
							 residents.
7 through 15
Initial
							 Licensing
Annually
16 through 25
Initial
							 Licensing
Semiannually
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 87823 - Disaster and Mass Casualty Plan

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each licensee shall have and maintain on
				  file a current, written disaster and mass casualty plan of action.
(b) The plan shall be subject to review by
				  the Department and shall include:
(1)
				  Designation of administrative authority and staff assignments.
(2) Contingency plans for action in case of
				  fires, floods, and earthquakes, including, but not limited to, the following:
(A) Means of exiting.
(B) Transportation arrangements.
(C) Relocation sites which are equipped to
				  provide safe temporary accommodation for residents.
(D) Arrangements for supervision of residents
				  during evacuation and/or relocation, and for contact after relocation to ensure
				  that relocation has been completed as planned.
(E) Means of contacting local agencies,
				  including, but not limited to, the fire department, law enforcement agencies,
				  and civil defense and other disaster authorities.
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 87824 - Waivers and Exceptions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Unless prior written approval is granted by the Department, as specified in (b)
				  below, all licensees shall maintain continuous compliance with licensing
				  regulations.
(b) The Department
				  shall have the authority to approve the use of alternate concepts, programs,
				  services, procedures, techniques, equipment, space, personnel qualifications or
				  staffing ratios, or the conducting of experimental or demonstration projects
				  under the following circumstances:
(1) Such
				  alternatives shall be carried out with provisions for safe and adequate
				  services, and shall in no instance be detrimental to the health and safety of
				  any facility resident.
(2) The
				  applicant or licensee shall submit to the Department a written request for a
				  waiver or exception, together with substantiating evidence supporting the
				  request.
(3) The Department shall
				  provide written approval or denial of the request.
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 87825 - Bonding

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The licensee
				  shall submit an affidavit, on a form (Surety Bond -- LIC 402 (1/87)) provided
				  by the Department, stating whether he/she safeguards or will safeguard cash
				  resources of residents and the maximum amount of cash resources to be
				  safeguarded for all residents or each resident in any month.
(b) All licensees who are entrusted to care
				  for and control residents' cash resources shall file or have on file with the
				  Department, a bond issued by a surety company to the State of California as
				  principal.
(c) The amount of the
				  bond shall be according to the following schedule:
AMOUNT 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.
(d) The licensee shall submit a new affidavit
				  and bond to the Department prior to the licensee safeguarding amounts of
				  residents' cash resources in excess of the current bond.
(e) Whenever the Department determines that
				  the amount of the bond is insufficient to provide necessary protection of
				  residents' cash resources, or whenever the amount of any bond is impaired by
				  any recovery against the bond, the Department shall have the authority to
				  require the licensee to file an additional bond in such amount as the
				  Department determines to be necessary to protect the residents' cash
				  resources.
(f) The provisions of
				  this section shall not apply if the licensee handles money of residents in
				  amounts less than fifty dollars ($50) per person and less than five hundred
				  dollars ($500) for all residents in any month.
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 subsection (a) 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
						1568.021
						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 87826 - Safeguards for Cash Resources, Personal Property, and Valuables

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A licensee
				  shall not be required to accept for admission or continue to care for any
				  resident whose incapacities, as documented by the initial or subsequent needs
				  appraisals, would require the licensee to handle such resident's cash
				  resources.
(b) If such a resident
				  is accepted for or maintained in care, his/her cash resources, personal
				  property. and valuables not handled by a person outside the facility who has
				  been designated by the resident or his/her authorized representative shall be
				  handled by the licensee or facility staff, and shall be safeguarded in
				  accordance with the requirements specified in (c) through (n) below.
(c) No licensee or employee of a licensee
				  shall accept appointment as a conservator of the person, or estate, or person
				  and estate of any resident nor accept any general or special power of attorney
				  except for Medi-Cal or Medicare claims for any resident; nor become the
				  substitute payee for any payments made to any resident, except:
(1) a licensee who is appointed by the Social
				  Security Administration may be representative payee for a
				  resident.