1400. (a) It is unlawful for any person, association, or
corporation to establish, conduct or maintain a referral agency or to
refer any person for remuneration to any extended care, skilled
nursing home or intermediate care facility or a distinct part of a
facility providing extended care, skilled nursing home care, or
intermediate care, without first having obtained a written license
therefor as provided in this chapter from the director or from an
inspection service approved by the director pursuant to Section 1257.
(b) It is unlawful for any person, association, or corporation to
establish, conduct, or maintain a referral agency or to refer any
person for remuneration to any person or agency outside a long-term
health care facility, as defined in Section 1418, for professional
services for which the long-term health care facility does not employ
a qualified professional person to furnish a specific service,
including, but not limited to, laboratory, diagnostic, or therapy
services, unless the long-term health care facility complies with
current federal and state laws regarding the provision of these
services and all of the following conditions are met:
(1) The services will be provided in accordance with professional
standards applicable to the provision of these services in a
long-term health care facility.
(2) The long-term health care facility assumes responsibility for
timeliness of the services.
(3) Services are provided or obtained only when ordered by the
attending physician and a notation is made in the resident's medical
chart reflecting that the service has been provided to the resident.
1401. As used in this chapter "referral agency" means a private,
profit or nonprofit agency which is engaged in the business of
referring persons for remuneration to any extended care, skilled
nursing home or intermediate care facility or a distinct part of a
facility providing extended care, skilled nursing home care, or
intermediate care.
1403. Each application for a license or renewal of license under
this chapter shall be accompanied by an annual Licensing and
Certification Program fee set in accordance with Section 1266. Each
license shall expire 12 months from its date of issuance and
application for renewal accompanied by the fee shall be filed with
the director not later than 30 days prior to the date of expiration.
1404. No licensee under this chapter shall have a direct or
indirect financial interest in any medical facility doing business
with the licensee.
1404.5. A license application shall be submitted to the department
whenever any of the following circumstances occur:
(a) Change of ownership of the referral agency.
(b) Change of name of the referral agency.
(c) Change of location of the referral agency.
1405. Any person, partnership, firm, corporation or association
desiring to obtain a license shall file with the department an
application on forms furnished by the department. The application
shall contain all of the following:
(a) Name of applicant, and if an individual, whether the applicant
has attained the age of 18 years.
(b) Name of referral agency.
(c) The location of the referral agency.
(d) The business or occupation engaged in by each applicant, and
by each partner, officer and director, for at least two years
immediately preceding the filing of the application. In addition,
each such person shall submit a statement setting forth whether he or
she has previously engaged in the operation of a referral agency,
whether he or she has been involved in, or the subject of, a refusal
or revocation of a referral agency license, and whether he or she has
been convicted of a crime other than a minor traffic offense.
(e) If the applicant is a corporation, the name and principal
business address of each officer and director of the corporation; and
for nonpublic corporations, the name and business address of each
stockholder owning 10 percent or more of the stock and the name and
business address of any corporation member who has responsibility in
the operation of the facility.
(f) If the applicant is a partnership, the name and principal
business address of each partner.
(g) Evidence of the right to occupy the premises where the
referral agency is to be located.
(h) A copy of the partnership agreement of the Articles of
Incorporation, if applicable.
(i) A copy of the current organization chart.
(j) A schedule of fees to be charged and collected by the referral
agency, and a statement of the method by which each fee is to be
computed or determined.
(k) A declaration that the licensee will not have any financial
interest in any health facility doing business with the referral
agency.
( l) Evidence satisfactory to the department that the applicant
demonstrates reputable and responsible character and the capability
to comply with this chapter.
1406. This chapter shall not apply to any local public agency
performing referral services without cost to recipients of public
social services when otherwise authorized by law.
1407. (a) Any licensee desiring to voluntarily surrender his or her
license for cancellation or temporary suspension shall notify the
department in writing as soon as possible and, in all cases, at least
30 days prior to the effective date of cancellation or temporary
suspension of the license.
(b) Any license placed in temporary suspension pursuant to this
section may be reinstated by the department within 12 months of the
date of the voluntary suspension on receipt of an application and
evidence showing compliance with licensing requirements.
1408. (a) Upon verification of compliance with this chapter and
with the approval of the department, the department shall issue the
license to the applicant.
(b) If the applicant is not in compliance with this chapter, the
department shall deny the applicant a license. Immediately upon the
denial of any license, the department shall notify the applicant in
writing. Within 20 days of receipt of the department's notice, the
applicant may present his or her written petition for a hearing to
the department. The proceedings shall be conducted in accordance with
Section 100171.
1409. Separate licenses shall be required for referral agencies
which are maintained on separate, noncontiguous premises.
1409.1. The license or true copy thereof shall be conspicuously
posted in a prominent location accessible to public view.
1409.2. Licenses issued pursuant to this article are not
transferable.
1409.3. (a) The licensee shall notify the department within 10 days
in writing when a change of stockholder owning 10 percent or more of
the nonpublic corporate stock occurs. The writing shall include the
name and principal mailing addresses of the new stockholder.
(b) When a change of agency manager occurs, the department shall
be notified in writing within 10 days by the licensee. The
notification shall include the name of the new agency manager.
(c) Each licensee shall notify the department within 10 days in
writing of any change of the mailing address of the licensee. The
writing shall include the new mailing address of the licensee.
(d) When a change in the principal officer of a corporate
licensee, chairperson, president, or general manager, occurs the
department shall be notified within 10 days in writing by the
licensee. The writing shall include the name and principal business
address of the officer.
1400. (a) It is unlawful for any person, association, or
corporation to establish, conduct or maintain a referral agency or to
refer any person for remuneration to any extended care, skilled
nursing home or intermediate care facility or a distinct part of a
facility providing extended care, skilled nursing home care, or
intermediate care, without first having obtained a written license
therefor as provided in this chapter from the director or from an
inspection service approved by the director pursuant to Section 1257.
(b) It is unlawful for any person, association, or corporation to
establish, conduct, or maintain a referral agency or to refer any
person for remuneration to any person or agency outside a long-term
health care facility, as defined in Section 1418, for professional
services for which the long-term health care facility does not employ
a qualified professional person to furnish a specific service,
including, but not limited to, laboratory, diagnostic, or therapy
services, unless the long-term health care facility complies with
current federal and state laws regarding the provision of these
services and all of the following conditions are met:
(1) The services will be provided in accordance with professional
standards applicable to the provision of these services in a
long-term health care facility.
(2) The long-term health care facility assumes responsibility for
timeliness of the services.
(3) Services are provided or obtained only when ordered by the
attending physician and a notation is made in the resident's medical
chart reflecting that the service has been provided to the resident.
1401. As used in this chapter "referral agency" means a private,
profit or nonprofit agency which is engaged in the business of
referring persons for remuneration to any extended care, skilled
nursing home or intermediate care facility or a distinct part of a
facility providing extended care, skilled nursing home care, or
intermediate care.
1403. Each application for a license or renewal of license under
this chapter shall be accompanied by an annual Licensing and
Certification Program fee set in accordance with Section 1266. Each
license shall expire 12 months from its date of issuance and
application for renewal accompanied by the fee shall be filed with
the director not later than 30 days prior to the date of expiration.
1404. No licensee under this chapter shall have a direct or
indirect financial interest in any medical facility doing business
with the licensee.
1404.5. A license application shall be submitted to the department
whenever any of the following circumstances occur:
(a) Change of ownership of the referral agency.
(b) Change of name of the referral agency.
(c) Change of location of the referral agency.
1405. Any person, partnership, firm, corporation or association
desiring to obtain a license shall file with the department an
application on forms furnished by the department. The application
shall contain all of the following:
(a) Name of applicant, and if an individual, whether the applicant
has attained the age of 18 years.
(b) Name of referral agency.
(c) The location of the referral agency.
(d) The business or occupation engaged in by each applicant, and
by each partner, officer and director, for at least two years
immediately preceding the filing of the application. In addition,
each such person shall submit a statement setting forth whether he or
she has previously engaged in the operation of a referral agency,
whether he or she has been involved in, or the subject of, a refusal
or revocation of a referral agency license, and whether he or she has
been convicted of a crime other than a minor traffic offense.
(e) If the applicant is a corporation, the name and principal
business address of each officer and director of the corporation; and
for nonpublic corporations, the name and business address of each
stockholder owning 10 percent or more of the stock and the name and
business address of any corporation member who has responsibility in
the operation of the facility.
(f) If the applicant is a partnership, the name and principal
business address of each partner.
(g) Evidence of the right to occupy the premises where the
referral agency is to be located.
(h) A copy of the partnership agreement of the Articles of
Incorporation, if applicable.
(i) A copy of the current organization chart.
(j) A schedule of fees to be charged and collected by the referral
agency, and a statement of the method by which each fee is to be
computed or determined.
(k) A declaration that the licensee will not have any financial
interest in any health facility doing business with the referral
agency.
( l) Evidence satisfactory to the department that the applicant
demonstrates reputable and responsible character and the capability
to comply with this chapter.
1406. This chapter shall not apply to any local public agency
performing referral services without cost to recipients of public
social services when otherwise authorized by law.
1407. (a) Any licensee desiring to voluntarily surrender his or her
license for cancellation or temporary suspension shall notify the
department in writing as soon as possible and, in all cases, at least
30 days prior to the effective date of cancellation or temporary
suspension of the license.
(b) Any license placed in temporary suspension pursuant to this
section may be reinstated by the department within 12 months of the
date of the voluntary suspension on receipt of an application and
evidence showing compliance with licensing requirements.
1408. (a) Upon verification of compliance with this chapter and
with the approval of the department, the department shall issue the
license to the applicant.
(b) If the applicant is not in compliance with this chapter, the
department shall deny the applicant a license. Immediately upon the
denial of any license, the department shall notify the applicant in
writing. Within 20 days of receipt of the department's notice, the
applicant may present his or her written petition for a hearing to
the department. The proceedings shall be conducted in accordance with
Section 100171.
1409. Separate licenses shall be required for referral agencies
which are maintained on separate, noncontiguous premises.
1409.1. The license or true copy thereof shall be conspicuously
posted in a prominent location accessible to public view.
1409.2. Licenses issued pursuant to this article are not
transferable.
1409.3. (a) The licensee shall notify the department within 10 days
in writing when a change of stockholder owning 10 percent or more of
the nonpublic corporate stock occurs. The writing shall include the
name and principal mailing addresses of the new stockholder.
(b) When a change of agency manager occurs, the department shall
be notified in writing within 10 days by the licensee. The
notification shall include the name of the new agency manager.
(c) Each licensee shall notify the department within 10 days in
writing of any change of the mailing address of the licensee. The
writing shall include the new mailing address of the licensee.
(d) When a change in the principal officer of a corporate
licensee, chairperson, president, or general manager, occurs the
department shall be notified within 10 days in writing by the
licensee. The writing shall include the name and principal business
address of the officer.
1400. (a) It is unlawful for any person, association, or
corporation to establish, conduct or maintain a referral agency or to
refer any person for remuneration to any extended care, skilled
nursing home or intermediate care facility or a distinct part of a
facility providing extended care, skilled nursing home care, or
intermediate care, without first having obtained a written license
therefor as provided in this chapter from the director or from an
inspection service approved by the director pursuant to Section 1257.
(b) It is unlawful for any person, association, or corporation to
establish, conduct, or maintain a referral agency or to refer any
person for remuneration to any person or agency outside a long-term
health care facility, as defined in Section 1418, for professional
services for which the long-term health care facility does not employ
a qualified professional person to furnish a specific service,
including, but not limited to, laboratory, diagnostic, or therapy
services, unless the long-term health care facility complies with
current federal and state laws regarding the provision of these
services and all of the following conditions are met:
(1) The services will be provided in accordance with professional
standards applicable to the provision of these services in a
long-term health care facility.
(2) The long-term health care facility assumes responsibility for
timeliness of the services.
(3) Services are provided or obtained only when ordered by the
attending physician and a notation is made in the resident's medical
chart reflecting that the service has been provided to the resident.
1401. As used in this chapter "referral agency" means a private,
profit or nonprofit agency which is engaged in the business of
referring persons for remuneration to any extended care, skilled
nursing home or intermediate care facility or a distinct part of a
facility providing extended care, skilled nursing home care, or
intermediate care.
1403. Each application for a license or renewal of license under
this chapter shall be accompanied by an annual Licensing and
Certification Program fee set in accordance with Section 1266. Each
license shall expire 12 months from its date of issuance and
application for renewal accompanied by the fee shall be filed with
the director not later than 30 days prior to the date of expiration.
1404. No licensee under this chapter shall have a direct or
indirect financial interest in any medical facility doing business
with the licensee.
1404.5. A license application shall be submitted to the department
whenever any of the following circumstances occur:
(a) Change of ownership of the referral agency.
(b) Change of name of the referral agency.
(c) Change of location of the referral agency.
1405. Any person, partnership, firm, corporation or association
desiring to obtain a license shall file with the department an
application on forms furnished by the department. The application
shall contain all of the following:
(a) Name of applicant, and if an individual, whether the applicant
has attained the age of 18 years.
(b) Name of referral agency.
(c) The location of the referral agency.
(d) The business or occupation engaged in by each applicant, and
by each partner, officer and director, for at least two years
immediately preceding the filing of the application. In addition,
each such person shall submit a statement setting forth whether he or
she has previously engaged in the operation of a referral agency,
whether he or she has been involved in, or the subject of, a refusal
or revocation of a referral agency license, and whether he or she has
been convicted of a crime other than a minor traffic offense.
(e) If the applicant is a corporation, the name and principal
business address of each officer and director of the corporation; and
for nonpublic corporations, the name and business address of each
stockholder owning 10 percent or more of the stock and the name and
business address of any corporation member who has responsibility in
the operation of the facility.
(f) If the applicant is a partnership, the name and principal
business address of each partner.
(g) Evidence of the right to occupy the premises where the
referral agency is to be located.
(h) A copy of the partnership agreement of the Articles of
Incorporation, if applicable.
(i) A copy of the current organization chart.
(j) A schedule of fees to be charged and collected by the referral
agency, and a statement of the method by which each fee is to be
computed or determined.
(k) A declaration that the licensee will not have any financial
interest in any health facility doing business with the referral
agency.
( l) Evidence satisfactory to the department that the applicant
demonstrates reputable and responsible character and the capability
to comply with this chapter.
1406. This chapter shall not apply to any local public agency
performing referral services without cost to recipients of public
social services when otherwise authorized by law.
1407. (a) Any licensee desiring to voluntarily surrender his or her
license for cancellation or temporary suspension shall notify the
department in writing as soon as possible and, in all cases, at least
30 days prior to the effective date of cancellation or temporary
suspension of the license.
(b) Any license placed in temporary suspension pursuant to this
section may be reinstated by the department within 12 months of the
date of the voluntary suspension on receipt of an application and
evidence showing compliance with licensing requirements.
1408. (a) Upon verification of compliance with this chapter and
with the approval of the department, the department shall issue the
license to the applicant.
(b) If the applicant is not in compliance with this chapter, the
department shall deny the applicant a license. Immediately upon the
denial of any license, the department shall notify the applicant in
writing. Within 20 days of receipt of the department's notice, the
applicant may present his or her written petition for a hearing to
the department. The proceedings shall be conducted in accordance with
Section 100171.
1409. Separate licenses shall be required for referral agencies
which are maintained on separate, noncontiguous premises.
1409.1. The license or true copy thereof shall be conspicuously
posted in a prominent location accessible to public view.
1409.2. Licenses issued pursuant to this article are not
transferable.
1409.3. (a) The licensee shall notify the department within 10 days
in writing when a change of stockholder owning 10 percent or more of
the nonpublic corporate stock occurs. The writing shall include the
name and principal mailing addresses of the new stockholder.
(b) When a change of agency manager occurs, the department shall
be notified in writing within 10 days by the licensee. The
notification shall include the name of the new agency manager.
(c) Each licensee shall notify the department within 10 days in
writing of any change of the mailing address of the licensee. The
writing shall include the new mailing address of the licensee.
(d) When a change in the principal officer of a corporate
licensee, chairperson, president, or general manager, occurs the
department shall be notified within 10 days in writing by the
licensee. The writing shall include the name and principal business
address of the officer.
