reglab/statecodes huggingface dataset:
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 3 - Adult Day Programs › Article 1 - General Requirements › Section 82001 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For purposes of this chapter, the following definitions
					 shall apply:
(a)
(1) "Activities of Daily Living" (ADLs) mean
				  the following six activities:
(A) Bathing:
				  Cleaning the body using a tub, shower or sponge bath, including getting a basin
				  of water, managing faucets, getting in and out of tub or shower, reaching head
				  and body parts for soaping, rinsing and drying.
(B) Dressing: Putting on and taking off,
				  fastening and unfastening garments and undergarments and special devices such
				  as back or leg braces, corsets, elastic stockings/garments and artificial limbs
				  or splints.
(C) Toileting: Getting
				  on and off a toilet or commode, emptying a commode, managing clothes, wiping
				  and cleaning the body after toileting, and using and emptying a bedpan and
				  urinal.
(D) Transferring: Moving
				  from one sitting or lying position to another sitting or lying position (e.g.,
				  from bed to or from a wheelchair, or sofa, coming to a standing position and/or
				  repositioning to promote circulation and to prevent skin breakdown).
(E) Continence: Ability to control bowel and
				  bladder as well as to use ostomy and/or catheter receptacles, and to apply
				  diapers and disposable barrier pads.
(F) Eating: Reaching for, picking up,
				  grasping a utensil and cup; getting food on a utensil; bringing food, utensil,
				  and cup to mouth; manipulating food on plate; and cleaning face and hands as
				  necessary following meal.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 3 - Adult Day Programs › Article 1 - General Requirements › Section 82003 - Definitions - Forms

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  following forms, which are incorporated by reference, apply to the regulations
				  in Title 22, Division 6, Chapter 3 (Adult Day Programs):
(1) LIC 195 (10/05) -- Notice of Operation in
				  Violation of Law.
(2) LIC 200
				  (8/04) -- Application for a Community Care Facility or Residential Care
				  Facility for the Elderly License.
(3) LIC 300A (9/03) -- Removal Confirmation
				  -- Exemption Needed.
(4) LIC 300B
				  (9/03) -- Removal Confirmation -- Denial.
(5) LIC 300C (9/03) -- Removal Confirmation
				  -- Rescinded.
(6) LIC 300D (9/03)
				  -- Removal Confirmation -- Non-Exemptible.
(7) LIC 301E (7/03) -- Reference Request
				  Form.
(8) LIC 309 (6/01) --
				  Administrative Organization
(9) LIC
				  400 (1/99) -- Affidavit Regarding Client/Resident Cash Resources.
(10) LIC 508 (1/03) -- Criminal Record
				  Statement.
(11) LIC 602 (10/99) --
				  Physician's Report for Community Care Facilities.
(12) LIC 9054 (3/99) -- Local Fire Inspection
				  Authority Information
(13) LIC 9117
				  (2/00) -- Emergency Approval to Operate.
(14) LIC 9158 (11/04) -- Telecommunications
				  Device Notification.
(15) LIC 9182
				  (4/02) -- Criminal Background Clearance Transfer Request.
(16) LIC 9188 (9/03) -- Criminal Record
				  Exemption Transfer Request.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 3 - Adult Day Programs › Article 2 - Licensing › Section 82005 - License Required

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Unless a day program is exempt from licensure as specified
					 in Section
					 82007, Exemption from Licensure,
					 no adult, firm, partnership, association, corporation, county, city, public
					 agency or other governmental entity shall operate, establish, manage, conduct
					 or maintain an adult day program, or hold out, advertise or represent by any
					 means to do so, without first obtaining a current valid license from the
					 licensing agency.
1. New
					 section filed 12-13-2006; operative 1-12-2007 (Register 2006, No.
					 50).
Note: Authority cited: Sections
						1530
						and
						1530.1,
						Health and Safety Code. Reference: Sections
						1505,
						1508,
						1509,
						1513
						and
						1531,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 3 - Adult Day Programs › Article 2 - Licensing › Section 82006 - Operation Without a License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An unlicensed day program, as defined in
				  Section 82001(u), is in
				  violation of Health and Safety Code Section
				  1503.5
				  or
				  1508
				  unless exempted from licensure pursuant to Section
				  82007.
(b) If the day program is alleged to be in
				  violation of Health and Safety Code Section
				  1503.5
				  or
				  1508,
				  the licensing agency shall conduct a site visit or evaluation of the day
				  program pursuant to Health and Safety Code Section
				  1538.
(c) If the day program is operating without a
				  license, the licensing agency shall issue a notice of operation in violation of
				  law and may refer the operator for criminal prosecution and civil
				  proceedings.
(d) The licensing
				  agency shall have the authority to issue an immediate civil penalty pursuant to
				  Section 82058, Unlicensed Day Program
				  Penalties, and Health and Safety Code Section
				  1547.
(e) Sections
				  82006(c) and (d)
				  shall be applied pursuant to Health and Safety Code Section
				  1549.
(f) The licensing agency shall notify the
				  appropriate placement or protective service agency if either of the following
				  conditions exist:
(1) There is an immediate
				  threat to the clients' health and safety.
(2) The program operator has not submitted an
				  application for licensure within 15 calendar days of being served a Notice of
				  Operation in Violation of Law (LIC 195).
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 3 - Adult Day Programs › Article 2 - Licensing › Section 82007 - Exemption from Licensure

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  The adult day program regulations contained in this chapter shall not apply to
				  any of the following:
(1) Any health
				  facility, as defined by Health and Safety Code Section
				  1250.
(2) Any clinic, as defined by Health and
				  Safety Code Section
				  1200.
(3) Any day program conducted by and for the
				  adherents of any well-recognized church or religious denomination for the
				  purpose of providing facilities for the care or treatment of the sick who
				  depend upon prayer or spiritual means for healing in the practice of the
				  religion of such church or denomination.
(4) Any arrangement for the receiving of care
				  and supervision of persons by a relative, as defined in Section
				  82001(r), or
				  conservator, as defined in Section
				  82001(c).
(5) Any arrangement for the receiving of care
				  and supervision of persons from only one family by a close friend of the
				  recipient, parent, or conservator, provided the following are met.
(A) The close friend is not a licensee or
				  current employee of an Adult Residential Facility, an Adult Day Program or a
				  Residential Care Facility for the Elderly.
(B) The arrangement is not of a business
				  nature, in that the provider does not represent himself or herself as being in
				  the business of providing care, and any compensation that may be paid to the
				  provider is only for the value of the services rendered.
(C) The arrangement occurs and continues only
				  as long as the needs for care and supervision of the recipient are being
				  adequately met.
(6) Any
				  placement agency as defined in Health and Safety Code Section
				  1536.1
				  or an individual who places individuals for care in a day program licensed to
				  receive and care for such persons.
(7) The Department.
(8) Any similar facility as determined by the
				  Director.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 3 - Adult Day Programs › Article 2 - Licensing › Section 82009 - Posting of License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In
				  day programs with a licensed capacity of seven or more, the license shall be
				  posted in a prominent publicly accessible location in the facility.
(b) In day programs with a licensed capacity
				  of six or fewer, the license shall be retained in the facility and be available
				  for review upon request.
1. Amendment
					 of section and NOTE filed 12-13-2006; operative 1-12-2007 (Register 2006, No.
					 50).
Note: Authority cited: Sections
						1530
						and
						1530.1,
						Health and Safety Code. Reference: Sections
						1501
						and
						1531,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 3 - Adult Day Programs › Article 2 - Licensing › Section 82010 - Limitations on Capacity

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A licensee shall not operate a day program beyond the
					 conditions and limitations specified on the license, including the capacity
					 limitation.
1. New
					 section filed 12-13-2006; operative 1-12-2007 (Register 2006, No.
					 50).
Note: Authority cited: Sections
						1530
						and
						1530.1,
						Health and Safety Code. Reference: Sections
						1501
						and
						1531,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 3 - Adult Day Programs › Article 2 - Licensing › Section 82012 - 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 day program or any of the services
				  provided by the day program.
(b) No
				  licensee, officer, or employee of a licensee shall alter a license, or
				  disseminate an altered license.
1. New
					 section filed 12-13-2006; operative 1-12-2007 (Register 2006, No.
					 50).
Note: Authority cited: Sections
						1530
						and
						1530.1,
						Health and Safety Code. Reference: Sections
						1501,
						1508
						and
						1531,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 3 - Adult Day Programs › Article 3 - Application Procedures › Section 82017 - Nondiscrimination of Applicants

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any adult shall be permitted to apply for a license
					 regardless of age, sex or gender, race, religion, color, political affiliation,
					 national origin, disability, marital status, actual or perceived sexual
					 orientation, or ancestry.
1. New
					 article 3 (sections
					 82017-82036) and new section filed
					 12-13-2006; operative 1-12-2007 (Register 2006, No.
					 50).
Note: Authority cited: Sections
						1530
						and
						1530.1,
						Health and Safety Code. Reference: Section
						1520,
						Health and Safety Code; and Section
						51, Civil
						Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 3 - Adult Day Programs › Article 3 - Application Procedures › Section 82018 - Application for License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Prior to filing an application, the applicant shall attend an orientation
				  designed for the adult day program and provided by the licensing agency.
(1) The orientation shall cover, but not be
				  limited to, the following areas:
(A)
				  Completion of the application for license.
(B) Scope of operation subject to regulation
				  by the Department.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 3 - Adult Day Programs › Article 3 - Application Procedures › Section 82019 - 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 individuals
				  specified in Health and Safety Code Sections
				  1522(a) and
				  (b)(1) and shall have the authority to
				  approve or deny a day program license, employment, residence, or presence in
				  the program, based on the results of the review.
(b) The following persons, who are not
				  licensees or employees of the licensee, are exempt from the requirement to
				  submit fingerprints:
(1) A medical
				  professional, as defined in Section
				  82001(m), who
				  holds a valid license or certification from the individual's governing
				  California medical care regulatory entity and who is not retained or contracted
				  by the licensee, if all of the following apply:
(A) The criminal record of the individual has
				  been cleared as a condition of licensure or certification by the individual's
				  California medical care regulatory entity.
(B) The individual is providing time-limited
				  specialized clinical care or services.
(C) The individual is providing care or
				  services within the individual's scope of practice.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 3 - Adult Day Programs › Article 3 - Application Procedures › Section 82019.1 - Criminal Record Exemption

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) While the Department considers granting
				  or denying an exemption, the Department shall notify a licensee to act
				  immediately to remove from the day program or bar from entering the day program
				  any of the following persons:
(1) A person
				  who has been convicted of, or is awaiting trial for, a sex offense against a
				  minor;
(2) A person who has been
				  convicted of a felony;
(3) A 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
				  1522(c)(3);
(4) A 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 3 - Adult Day Programs › Article 3 - Application Procedures › Section 82020 - Fire Clearance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
All day programs shall secure through the licensing agency
					 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. New
					 section filed 12-13-2006; operative 1-12-2007 (Register 2006, No.
					 50).
Note: Authority cited: Sections
						1530
						and
						1530.1,
						Health and Safety Code. Reference: Sections
						1501,
						1520
						and
						1531,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 3 - Adult Day Programs › Article 3 - Application Procedures › Section 82021 - Water Supply

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All
				  adult day programs 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 California 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 is
				  necessary to ensure the safety of the clients, 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
							 clients.
7 through 15
Initial
							 Licensing
Annually
16 through 24
Initial
							 Licensing
Semiannually
25 or more
Initial
							 Licensing
Quarterly
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 3 - Adult Day Programs › Article 3 - Application Procedures › Section 82022 - Plan of Operation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Each licensee of an adult day program shall have and maintain on file a
				  current, written, definitive plan of operation.
(b) The plan and related materials shall
				  contain the following:
(1) Statement of
				  purposes, and program methods and goals.
(2) Statement of admission policies and
				  procedures regarding acceptance of clients.
(3) Description of services to be
				  provided.
(4) Hours of operation
				  consistent with the plan of operation and program purpose and goals.
(5) Description of the client group to be
				  served.
(6) A copy of the admission
				  agreement.
(7) Administrative
				  organization, if applicable.
(8)
				  Staffing plan, qualifications, and duties.
(9) Plan for in-service education of staff,
				  if required by regulations.
(10) A
				  sketch of the building(s) to be occupied, including a floor plan which
				  describes the capacities of the buildings for the uses intended, room
				  dimensions, and a designation of the rooms to be used for nonambulatory
				  clients, if any.
(11) A sketch of
				  the grounds showing buildings, driveways, fences, storage areas, pools,
				  gardens, recreation areas, and other space used by the clients.
(A) The sketch shall include the dimensions
				  of all areas which will be used by the clients.
(12) In day programs providing meals to
				  clients, sample menus and a schedule for one calendar week indicating the time
				  of day that meals and snacks are to be served.
(13) Transportation arrangements for clients
				  who do not have independent arrangements.
(14) Fee policy including, but not limited
				  to, policy on refunds.
(15)
				  Consultant and community resources to be utilized as part of its
				  program.
(16) A statement of the
				  program's policy concerning family visits and other communications with the
				  client pursuant to Health and Safety Code Section
				  1512.
(17) The plan of operation and related
				  materials shall contain the Infection Control Plan pursuant to Section
				  82095.5(b).
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 3 - Adult Day Programs › Article 3 - Application Procedures › Section 82023 - 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 licensing agency and shall include:
(1)
				  Designation of administrative authority and staff assignments.
(2) Contingency plans for action during
				  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 clients.
(D) Arrangements for supervision of clients
				  during evacuation 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 3 - Adult Day Programs › Article 3 - Application Procedures › Section 82024 - Waivers and Exceptions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Unless prior written licensing agency approval is received as specified in
				  Section 82024(b), all
				  licensees shall maintain continuous compliance with the licensing
				  regulations.
(b) The licensing
				  agency shall have the authority to approve the use of alternate concepts,
				  programs, services, procedures, techniques, equipment, space, personnel
				  qualifications or staffing ratios, or the conduct 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 program client.
(2) The applicant or licensee shall submit to
				  the licensing agency a written request for a waiver or exception, with
				  substantiating evidence supporting the request.
(3) The licensing agency 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 3 - Adult Day Programs › Article 3 - Application Procedures › Section 82025 - Bonding

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The licensee
				  shall submit an affidavit, on form LIC 400 provided by the licensing agency,
				  stating whether there are or will be safeguards for cash resources of clients
				  and the maximum amount of cash resources to be safeguarded for all clients or
				  each client in any month.
(b) All
				  licensees, other than governmental entities, who are entrusted to care for and
				  control clients' cash resources, shall file or have on file with the licensing
				  agency, 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
				  on form LIC 400 and a new bond to the licensing agency prior to the licensee
				  safeguarding amounts of clients' cash resources in excess of the current
				  bond.
(e) Whenever the licensing
				  agency determines that the amount of the bond is insufficient to provide
				  necessary protection of clients' cash resources, or whenever the amount of any
				  bond is impaired by any recovery against the bond, the licensing agency shall
				  have the authority to require the licensee to file an additional bond in such
				  amount as the licensing agency determines to be necessary to protect the
				  clients' cash resources.
1. New
					 section filed 12-13-2006; operative 1-12-2007 (Register 2006, No.
					 50).
Note: Authority cited: Section
						1530,
						Health and Safety Code. Reference: Sections
						1560
						and
						1561,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 3 - Adult Day Programs › Article 3 - Application Procedures › Section 82026 - 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
				  client whose incapacities, as documented by the initial or subsequent needs
				  appraisals, would require the licensee to handle such client's cash
				  resources.
(b) If such a client is
				  accepted for or maintained in care, his/her cash resources, personal property,
				  and valuables not handled by a person outside the day program who has been
				  designated by the client or his/her authorized representative shall be handled
				  by the licensee or day program staff, and shall be safeguarded in accordance
				  with the requirements specified in (c) through (n) below.
(c) Except where provided for in approved
				  continuing care agreements, no licensee or employee of a licensee shall:
(1) accept appointment as a conservator of
				  the person and/or estate of any client;
(2) accept any general or special power of
				  attorney except for Medi-Cal or Medicare claims for any client;
(3) become the substitute payee for any
				  payments made to any client;
(A) This
				  requirement does not apply to a licensee who is appointed by the Social
				  Security Administration as representative payee for the
				  client.
(4) become the
				  joint tenant on any account specified in Section
				  82026(i) with a
				  client.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 3 - Adult Day Programs › Article 3 - Application Procedures › Section 82027 - Initial Application Review

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Within 90 days of receipt of the signed
				  application and all supporting documents described in Section
				  82018(d), the
				  licensing agency shall give written notice to the applicant of one of the
				  following:
(1) The application and supporting
				  documents have been received and accepted for consideration.
(2) The application is deficient, describing
				  additional information required within thirty (30) days.
(A) If the applicant does not submit the
				  required information within the thirty (30) days the application shall be
				  deemed withdrawn unless either the licensing agency has denied the application
				  or the adult day program facility is under
				  construction.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 3 - Adult Day Programs › Article 3 - Application Procedures › Section 82028 - Capacity Determination

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A license shall be issued for a specific
				  capacity.
(b) The number of persons
				  for whom the day program is licensed to provide care and supervision shall be
				  determined on the basis of the application review by the licensing agency,
				  taking into consideration the following:
(1)
				  The fire clearance as specified in Section
				  82020.
(2) The licensee's/administrator's ability to
				  comply with applicable law and regulation.
(3) Physical features of the day program,
				  including available living activity space, which are necessary in order to
				  comply with regulations.
(4) Number
				  of available staff to meet the care and supervision needs of the
				  clients.
(5) Any restrictions
				  pertaining to the specific category of day program.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 3 - Adult Day Programs › Article 3 - Application Procedures › Section 82029 - Withdrawal of Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  An applicant shall have the right to withdraw in writing an application.
(1) The fee shall be nonrefundable as
				  specified in Section
				  82036(d).
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 3 - Adult Day Programs › Article 3 - Application Procedures › Section 82030 - Provisional License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  licensing agency shall have the authority to issue a provisional license to an
				  applicant, pending action under Section
				  82031, Issuance of License, or
				  Section 82040, Denial of License, if it
				  determines that all of the following circumstances exist:
(1) The day program is in substantial
				  compliance with applicable law and regulation.
(2) An urgent need for licensure
				  exists.
(3) A corporate applicant's
				  board of directors, executive director and officer are eligible for licensure
				  as specified in Health and Safety Code Section
				  1520.11(b).
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 3 - Adult Day Programs › Article 3 - Application Procedures › Section 82031 - Issuance of License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Within 90 days of the licensing agency's acceptance of the application and
				  documents specified in Section
				  82027(a)(1), the
				  licensing agency shall give written notice to the applicant of one of the
				  following:
(1) The application has been
				  approved.
(2) The application has
				  been denied.
(A) The notice of denial shall
				  include the information as specified in Section
				  82040(b).
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 3 - Adult Day Programs › Article 3 - Application Procedures › Section 82034 - Submission of a New Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A licensee shall file a new application
				  as required by Section
				  82018(d) whenever
				  there is a change in conditions or limitations described on the current
				  license, or other changes including, but not limited to, the following:
(1) Any change in the location of the day
				  program.
(2) Any change of
				  licensee, including but not limited to the following when the licensee is a
				  corporation:
(A) Sale or transfer of the
				  majority of stock.
(B) Separating
				  from a parent company.
(C) Merger
				  with another company.
(3)
				  Any increase in capacity.
(A) The licensing
				  agency shall have the authority to grant capacity increases without
				  resubmission of an application following a licensing agency review and the
				  securing of an appropriate fire clearance.
(4) A permanent change in any client from
				  ambulatory to non-ambulatory status.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 3 - Adult Day Programs › Article 3 - Application Procedures › Section 82035 - Conditions for Forfeiture of a License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A license shall be forfeited by operation
				  of law, pursuant to Section
				  1524
				  of the Health and Safety Code.
(b)
				  The licensee is considered to have abandoned the facility if either of the
				  following conditions occur:
(1) The licensee
				  informs the licensing agency that the licensee no longer accepts responsibility
				  for the day program, or
(2) The
				  licensing agency is unable to determine the licensee's whereabouts after the
				  following:
(A) The licensing agency requests
				  information of the licensee's whereabouts from the day program staff if any
				  staff can be contacted; and
(B) The
				  licensing agency has made at least one (1) phone call per day, to the
				  licensee's last telephone number of record, for five (5) consecutive workdays
				  with no response; and
(C) The
				  licensing agency has sent a certified letter, requesting the licensee to
				  contact the licensing agency, to the licensee's last mailing address of record
				  with no response within seven (7) calendar days.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 3 - Adult Day Programs › Article 3 - Application Procedures › Section 82036 - Licensing Fees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An
				  applicant or a licensee shall be charged fees as specified in Health and Safety
				  Code Section
				  1523.1.
(b) An additional fee shall be charged when
				  the licensee requests an increase or decrease in capacity as specified in
				  Health and Safety Code Section
				  1523.1(b)(1)(C).
(c) When a licensee moves a day program from
				  one location to another, the relocation fee shall be as specified in Health and
				  Safety Code Section
				  1523.1(b)(1)(A).
(1) To receive the relocation fee the
				  following shall apply:
(A) The licensee shall
				  have notified the licensing agency before actually relocating the day
				  program.
(B) The categorical type
				  of program shall remain the same when relocating the day program.
(C) The fee shall be based on the requested
				  capacity at the new location.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 3 - Adult Day Programs › Article 4 - 4. Administrative Actions and Inspection Authority › Section 82040 - Denial of License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An
				  application for licensure shall be denied as specified in Health and Safety
				  Code Sections
				  1520.11(b),
				  (d),
				  1523.1(e)
				  and
				  1550.
(b) If the application for a license is
				  denied, the licensing agency shall mail the applicant a written notice of
				  denial stating the reasons for the denial, and advising the applicant of the
				  right to appeal, pursuant to Health and Safety Code Section
				  1526.
(c) If the application for a license is
				  denied, the licensing fee shall not be refunded pursuant to Section
				  82036(d).
(d) Notwithstanding any appeal, the day
				  program is unlicensed and shall not operate pending adoption by the director of
				  a decision on the denial.
1. Amendment
					 of article 4 heading, adoption of article 4 (sections
					 82040-82046) and new section filed
					 12-13-2006; operative 1-12-2007 (Register 2006, No.
					 50).
Note: Authority cited: Sections
						1530
						and
						1530.1,
						Health and Safety Code. Reference: Sections
						1520,
						1520.11,
						1525,
						1526,
						1547,
						1548
						and
						1551,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 3 - Adult Day Programs › Article 4 - 4. Administrative Actions and Inspection Authority › Section 82042 - Forefeiture, Revocation or Suspension of License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Department shall have the authority
				  to forefeit any license pursuant to Health and Safety Code Section
				  1523.1(e),
				  or suspend or revoke any license on any of the grounds specified in Health and
				  Safety Code Sections
				  1550
				  and
				  1550.5(a).
(b) Proceedings to hear a revocation action
				  or a revocation and temporary suspension action shall be conducted pursuant to
				  the provisions of Health and Safety Code Section
				  1551.
1. New
					 section filed 12-13-2006; operative 1-12-2007 (Register 2006, No.
					 50).
Note: Authority cited: Sections
						1530
						and
						1530.1,
						Health and Safety Code. Reference: Sections
						1520.11,
						1550,
						1550.5
						and
						1551,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 3 - Adult Day Programs › Article 4 - 4. Administrative Actions and Inspection Authority › Section 82044 - Evaluation Visits and Inspection Authority of the Licensing Agency

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The licensing
				  agency shall evaluate and inspect Adult Day Programs pursuant to the authority
				  specified in Health and Safety Code Sections
				  1526.5,
				  1533,
				  1534,
				  and
				  1538.
(b) The licensing agency shall have the
				  authority to interview clients or staff members without prior consent.
(1) The licensee shall ensure that provisions
				  are made for private interviews with any clients or any staff
				  members.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 3 - Adult Day Programs › Article 4 - 4. Administrative Actions and Inspection Authority › Section 82046 - Exclusions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Department
				  may prohibit an individual from serving as a member of a board of directors,
				  executive director, or officer; or from being employed or present in a licensed
				  adult day program, as specified in Health and Safety Code Sections
				  1558
				  and
				  1558.1.
1. New
					 section filed 12-13-2006; operative 1-12-2007 (Register 2006, No.
					 50).
Note: Authority cited: Sections
						1530
						and
						1530.1,
						Health and Safety Code. Reference: Sections
						1558
						and
						1558.1,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 3 - Adult Day Programs › Article 5 - Enforcement Provisions › Section 82051 - Serious Deficiencies

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  The following are examples of regulations that, if not complied with, nearly
				  always result in a serious deficiency.
(1)
				  Section 82010, Limitations on
				  Capacity.
(2) Section
				  82019, Criminal Record
				  Clearance.
(3) Section
				  82020, Fire Clearance.
(4) Section
				  82021, Water Supply.
(5) Section
				  82072, Personal Rights.
(6) Section
				  82073, Telephones.
(7) Sections
				  82075(c) through
				  (f) relating to storing and dispensing
				  medications.
(8) Section
				  82076, Food Service.
(9) Section
				  82087, Buildings and
				  Grounds.
(10) Sections
				  82088(e)(1), (2), and
				  (3) relating to hot water temperature and
				  bathroom facilities.
(11) Section
				  82088(f) relating
				  to storage and disposal of solid waste.
(12) Any other regulation, the violation of
				  which is deemed by the licensing agency to constitute a serious deficiency as
				  defined in Section
				  82001(s).
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 3 - Adult Day Programs › Article 5 - Enforcement Provisions › Section 82052 - Deficiencies in Compliance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  When the licensing agency determines that a deficiency exists pursuant to
				  Health and Safety Code Section
				  1534(a)(2),
				  it shall issue a notice of deficiency, unless the deficiency is not serious and
				  is corrected during the visit.
(b)
				  Prior to completion of an evaluation or other licensing visit, the licensee,
				  administrator, operator, or other person in charge of the day program shall
				  meet with the evaluator to discuss any deficiencies noted, to jointly develop a
				  plan for correcting each deficiency, and to acknowledge receipt of the notice
				  of deficiency.
(c) The notice of
				  deficiency is provided to the licensee at the completion of the visit by one of
				  the following methods:
(1) Personal delivery
				  to the licensee;
(2) If the
				  licensee is not at the day program site, a copy of the notice shall be left
				  with the person in charge of the day program and shall be mailed to the
				  licensee.
(3) If the licensee or
				  the person in charge of the day program refuses to accept the notice, a
				  notation of the refusal shall be written on the notice and a copy shall be left
				  at the day program and shall be mailed to the licensee.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 3 - Adult Day Programs › Article 5 - Enforcement Provisions › Section 82053 - Follow-up Visits to Determine Compliance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A follow-up visit shall be conducted to
				  determine compliance with the plan of correction specified in the notice of
				  deficiency.
(1) At a minimum, a follow-up
				  visit shall be conducted within 10 working days following the dates of
				  corrections specified in the notice of deficiency, unless the licensee has
				  demonstrated that the deficiency was corrected as required.
(2) No penalty shall be assessed unless a
				  follow-up visit is conducted as specified in Sections
				  82053(a) and
				  (a)(1).
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 3 - Adult Day Programs › Article 5 - Enforcement Provisions › Section 82054 - Penalties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A penalty of
				  $50 per violation per day, up to a maximum of $150 per day shall be assessed
				  for serious deficiencies that are not corrected by the date specified in the
				  notice of deficiency, as permitted by Section
				  1548(b)
				  of the Health and Safety Code.
(b)
				  Notwithstanding Section
				  82054(a), an
				  immediate penalty of $100 per cited violation per day for a maximum of five (5)
				  days shall be assessed if any individual required to be fingerprinted under
				  Health and Safety Code Section
				  1522(b)
				  has not obtained a California clearance or a criminal record exemption,
				  requested a transfer of a criminal record clearance or requested and be
				  approved for a transfer of an exemption as specified in Section
				  82019(e) prior to
				  working, residing or volunteering in the facility.
(1) Subsequent violations within a twelve
				  (12) month period shall result in a civil penalty of one hundred dollars ($100)
				  per violation per day for a maximum of (30) days.
(2) The Department may assess civil penalties
				  for continued violations as permitted by Health and Safety Code Section
				  1548.
(3) Progressive civil penalties specified in
				  Sections 82054(d) and (e)
				  shall not apply.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 3 - Adult Day Programs › Article 5 - Enforcement Provisions › Section 82055 - Administrative Review

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Licensees or their designated representatives shall have the right to request a
				  review of a notice of deficiency and/or notice of penalty within 10 working
				  days of receipt of such notice.
(1) If the
				  deficiency has not been corrected, civil penalties shall continue to accrue
				  during the review process.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 3 - Adult Day Programs › Article 5 - Enforcement Provisions › Section 82055.1 - Responsibility for Civil Penalties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The licensee shall be responsible for
				  paying civil penalties.
(1) Unless otherwise
				  provided, the transfer, surrender, forfeiture or revocation of a license shall
				  not affect the licensee's responsibility for paying any civil penalties accrued
				  while the license was in effect.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 3 - Adult Day Programs › Article 5 - Enforcement Provisions › Section 82056 - Exemption from Civil Penalties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Civil penalties shall not be assessed
				  against any governmental entity, including a state or city holding a community
				  care facility license.
1. New
					 section filed 12-13-2006; operative 1-12-2007 (Register 2006, No.
					 50).
Note: Authority cited: Sections
						1530,
						1530.1
						and
						1548(e),
						Health and Safety Code. Reference: Section
						1534
						and
						1548,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 3 - Adult Day Programs › Article 5 - Enforcement Provisions › Section 82058 - Unlicensed Adult Day Program Penalties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A penalty of $200 per day shall be
				  assessed for the operation of an unlicensed day program under either of the
				  following conditions:
(1) The operator has
				  not submitted a completed application for licensure (form LIC 200) within 15
				  calendar days of issuance of the Notice of Operation in Violation of Law (form
				  LIC 195) pursuant to Section
				  82006, Operating Without a
				  License, and continues to operate.
(A) For
				  purposes of this section, an application shall be deemed completed if it
				  includes the information required in Section
				  82018(d).
(B) The completed application shall be deemed
				  to be submitted when received by the licensing agency.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 3 - Adult Day Programs › Article 5 - Enforcement Provisions › Section 82059 - Unlicensed Day Program Administrative Appeal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An unlicensed day program operator shall
				  have the right to appeal the penalty assessment within 10 working days after
				  service of the penalty assessment.
(1) If the
				  unlicensed day program operation has not ceased, the $200 per day penalty shall
				  continue to accrue during the appeal process.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 3 - Adult Day Programs › Article 6 - Continuing Requirements › Section 82061 - Reporting Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Upon the occurrence, during the hours the day program is providing services to
				  the client, of any of the events specified in Section
				  82061(a)(1), a
				  report shall be made to the licensing agency within the agency's next working
				  day during its normal business hours. In addition, a written report containing
				  the information specified in Section
				  82061(a)(2) shall
				  be submitted to the licensing agency within seven days following the occurrence
				  of the event.
(1) Events reported shall
				  include, but not be limited to, the following:
(A) Death of any client from any
				  cause;
(B) Any injury to any client
				  which requires medical treatment;
(C) The use of an Automated External
				  Defibrillator;
(D) Any unusual
				  incident which threatens the physical or emotional health or safety of any
				  client;
(E) Any suspected
				  psychological abuse of any client;
(F) Epidemic outbreaks;
(G) Poisonings;
(H) Catastrophes; and
(I) Fires or explosions which occur in or at
				  the program site.