1568.01. For purposes of this chapter, the following definitions
shall apply:
(a) "Activities of daily living" means housework, meals, laundry,
taking medication, money management, appropriate transportation,
correspondence, telephoning, dressing, feeding, toileting, bathing,
grooming, mobility, and related tasks.
(b) "Care and supervision" means ongoing assistance with
activities of daily living without which a resident's physical
health, mental health, safety, or welfare would be endangered.
(c) "Chronic, life-threatening illness" means HIV disease or AIDS.
(d) "Department" means the State Department of Social Services.
(e) "Director" means the Director of Social Services.
(f) "Family dwelling" includes, but is not limited to,
single-family dwellings, units in multifamily dwellings, including
units in duplexes and units in apartment dwellings, mobilehomes,
including mobilehomes located in mobilehome parks, units in
cooperatives, units in condominiums, units in townhouses, and units
in planned unit developments.
(g) "Family unit" means at least one parent or guardian and one or
more of that parent or guardian's children. For purposes of this
chapter, each family unit shall include at least one adult with HIV
disease or AIDS, at least one child with HIV or AIDS, or both.
(h) "Fund" means the Residential Care Facilities for Persons with
Chronic Life-Threatening Illness Fund created by subdivision (c) of
Section 1568.05.
(i) "Placement agency" means any state agency, county agency, or
private agency which receives public funds, in part, to identify
housing options for persons with chronic, life-threatening illness
and refers these persons to housing.
(j) "Residential care facility" means a residential care facility
for persons with chronic, life-threatening illness who are 18 years
of age or older or are emancipated minors, and for family units.
(k) "Six or fewer persons" does not include the licensee or
members of the licensee's family or persons employed as facility
staff.
(l) "Terminal disease" or "terminal illness" means a medical
condition resulting from a prognosis of a life expectancy of one year
or less, if the disease follows its normal course.
1568.02. (a) (1) The department shall license residential care
facilities for persons with chronic, life-threatening illness under a
separate category.
(2) A residential care facility for persons with chronic,
life-threatening illness may allow a person who has been diagnosed by
his or her physician or surgeon as terminally ill, as defined in
subdivision (l) of Section 1568.01, to become a resident of the
facility if the person receives hospice services from a hospice
certified in accordance with federal Medicare conditions of
participation and is licensed pursuant to Chapter 8 (commencing with
Section 1725) or Chapter 8.5 (commencing with Section 1745).
(b) The licensee of every facility required to be licensed
pursuant to this chapter shall provide the following basic services
for each resident:
(1) Room and board. No more than two residents shall share a
bedroom, except that the director, in his or her discretion, may
waive this limitation.
(2) Access to adequate common areas, including recreation areas
and shared kitchen space with adequate refrigerator space for the
storage of medications.
(3) Consultation with a nutritionist, including consultation on
cultural dietary needs.
(4) Personal care services, as needed, including, but not limited
to, activities of daily living. A facility may have a written
agreement with another agency to provide personal care services,
except that the facility shall be responsible for meeting the
personal care needs of each resident.
(5) Access to case management for social services. A facility may
have a written agreement with another agency to provide case
management.
(6) Development, implementation, and monitoring of an individual
services plan. All health services components of the plan shall be
developed and monitored in coordination with the home health agency
or hospice agency and shall reflect the elements of the resident's
plan of treatment developed by the home health agency or hospice
agency.
(7) Intake and discharge procedures, including referral to
outplacement resources.
(8) Access to psychosocial support services.
(9) Access to community-based and county services system.
(10) Access to a social and emotional support network of the
resident's own choosing, within the context of reasonable visitation
rules established by the facility.
(11) Access to intermittent home health care services in
accordance with paragraph (1) of subdivision (c).
(12) Access to substance abuse services in accordance with
paragraph (3) of subdivision (c).
(13) Adequate securable storage space for personal items.
(c) The licensee of every facility required to be licensed
pursuant to this chapter shall demonstrate, at the time of
application, all of the following:
(1) Written agreement with a licensed home health agency or
hospice agency. Resident information may be shared between the home
health agency or hospice agency and the residential care facility for
persons with chronic, life-threatening illness relative to the
resident's medical condition and the care and treatment provided to
the resident by the home health agency or hospice agency, including,
but not limited to, medical information, as defined by the
Confidentiality of Medical Information Act, Part 2.6 (commencing with
Section 56) of Division 1 of the Civil Code. Any regulations,
policies, or procedures related to sharing resident information and
development of protocols, established by the department pursuant to
this section, shall be developed in consultation with the State
Department of Health Services and persons representing home health
agencies, hospice agencies, and residential care facilities for
persons with chronic, life-threatening illness.
(2) Written agreement with a psychosocial services agency, unless
the services are provided by the facility's professional staff.
(3) Written agreement with a substance abuse agency, unless the
services are provided by the facility's professional staff.
(4) Ability to provide linguistic services for residents who do
not speak English.
(5) Ability to provide culturally appropriate services.
(6) Ability to reasonably accommodate residents with physical
disabilities, including, but not limited to, residents with motor
impairments, physical access to areas of the facility utilized by
residents, and access to interpreters for hearing-impaired residents.
(7) Written nondiscrimination policy which shall be posted in a
conspicuous place in the facility.
(8) Written policy on drug and alcohol use, including, but not
limited to, a prohibition on the use of illegal substances.
(d) Any facility licensed pursuant to this chapter which intends
to serve a specific population, such as women, family units, minority
and ethnic populations, or homosexual men or women, shall
demonstrate, at the time of application, the ability and resources to
provide services that are appropriate to the targeted population.
(e) No facility licensed pursuant to this chapter shall house more
than 25 residents, except that the director may authorize a facility
to house up to 50 residents.
(f) If the administrator is responsible for more than two
facilities, the facility manager shall meet the qualifications of
both the administrator and the facility manager, as described in
Sections 87864 and 87864.1 of Title 22 of the California Code of
Regulations.
(g) Each licensee shall employ additional personnel as necessary
to meet the needs of the residents and comply with the requirements
of this chapter and the regulations adopted by the department
pursuant to this chapter. On-call personnel shall be able to be on
the facility premises within 30 minutes of the receipt of a telephone
call.
1568.021. (a) If the applicant for a license for a residential care
facility handles or will handle any money of a resident of the
facility, the applicant or licensee shall file or have on file with
the department a bond issued by a surety company admitted to do
business in this state in a sum to be fixed by the department based
upon the magnitude of the operations of the applicant or licensee,
but which sum shall not be less than one thousand dollars ($1,000),
running to the State of California and conditioned upon his or her
faithful and honest handling of the money of residents of the
facility.
(b) The failure of any licensee under this chapter to maintain on
file with the department a bond in the amount prescribed by the
department or the embezzlement by a licensee of trust funds of a
resident of the facility shall constitute cause for the revocation of
the license.
(c) This section shall not apply if the licensee handles moneys of
residents of the facility in amounts less than fifty dollars ($50)
per person and less than five hundred dollars ($500) for all persons
in any month.
(d) The director may grant a partial or total variance from the
requirements of this section if the director finds that compliance
with them is so onerous that a residential care facility will cease
to operate, and if the director also finds that money of the
residents received or cared for in the facility has been, or will be,
deposited in a bank in this state, in a trust company authorized to
transact a trust business in this state, or in a savings and loan
association in this state, upon condition that the money may not be
withdrawn except on authorization of the person or a representative
who is legally authorized to make financial decisions on behalf of
the person.
1568.03. (a) No person, firm, partnership, association, or
corporation within the state and no state or local public agency
shall operate, establish, manage, conduct, or maintain a residential
care facility in this state without first obtaining and maintaining a
valid license therefor, as provided in this chapter.
(b) A facility may accept or retain residents requiring varying
levels of care. However, a facility shall not accept or retain
residents who require a higher level of care than the facility is
authorized to provide. Persons who require 24-hour skilled nursing
intervention shall not be appropriate for a residential care
facility.
(c) This chapter shall not apply to the following:
(1) Any health facility, as defined in Section 1250.
(2) Any clinic, as defined in Section 1200.
(3) Any arrangement for the receiving and care of persons with
chronic, life-threatening illness by a relative, guardian or
conservator, significant other, or close friend; or any arrangement
for the receiving and care of persons with chronic, life-threatening
illness from only one family as respite for the relative, guardian or
conservator, significant other, or close friend, if the arrangement
is not for financial profit and occurs only occasionally and
irregularly, as defined by regulations of the department.
(4) (A) Any house, institution, hotel, foster home, shared housing
project, or other similar facility that is limited to providing any
of the following: housing, meals, transportation, housekeeping,
recreational and social activities, the enforcement of house rules,
counseling on activities of daily living, and service referrals, as
long as both of the following conditions are met:
(i) After any referral, all residents thereof independently obtain
care and supervision and medical services without the assistance of
the facility or of any person or entity with an organizational or
financial connection with that facility.
(ii) No resident thereof has an unmet need for care and
supervision or protective supervision. A memorandum of understanding
between the facility and any service agency to which it refers
residents does not necessarily itself constitute an agreement for
care and supervision of the resident.
(B) In determining the applicability of this paragraph, the
department shall determine the residents' need for care and
supervision, if any, and shall identify the persons or entities
providing or assisting in the provision of care and supervision. This
paragraph shall apply only if the department determines that the
care and supervision needs of all residents are being independently
met.
(5) (A) (i) Any housing occupied by elderly or disabled persons,
or both, that is approved and operated pursuant to Section 202 of
Public Law 86-372 (12 U.S.C. Sec. 1701q), or Section 811 of Public
Law 101-625 (42 U.S.C. Sec. 8013), or whose mortgage is insured
pursuant to Section 236 of Public Law 90-448 (12 U.S.C. Sec. 1715z),
or that receives mortgage assistance pursuant to Section 221d (3) of
Public Law 87-70 (12 U.S.C. Sec. 1751l), where supportive services
are made available to residents at their option, as long as the
project owner or operator does not contract for or provide the
supportive services.
(ii) Any housing that qualifies for a low-income housing credit
pursuant to Section 252 of Public Law 99-514 (26 U.S.C. Sec. 42) or
that is subject to the requirements for rental dwellings for
low-income families pursuant to Section 8 of Public Law 93-383 (42
U.S.C. Sec. 1437f), and that is occupied by elderly or disabled
persons, or both, where supportive services are made available to
residents at their option, as long as the project owner or operator
does not contract for or provide the supportive services.
(B) The project owner or operator to which subparagraph (A)
applies may coordinate, or help residents gain access to, the
supportive services, either directly or through a service
coordinator.
(6) Any similar facility determined by the director.
(d) A holder of a residential care facility license may hold or
obtain an additional license or a child day care facility license, as
long as the services required by each license are provided at
separate locations or distinctly separate sections of the building.
(e) The director may bring an action to enjoin the violation or
threatened violation of this section in the superior court in and for
the county in which the violation occurred or is about to occur. Any
proceeding under this section shall conform to the requirements of
Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the
Code of Civil Procedure, except that the director shall not be
required to allege facts necessary to show or tending to show lack of
adequate remedy at law or irreparable damage or loss. The court
shall, if it finds the allegations to be true, issue its order
enjoining continuance of the violation.
1568.04. Any person desiring issuance of a license for a
residential care facility under this chapter shall file with the
department, pursuant to regulations adopted by the department, an
application. The application shall be provided on a form furnished by
the department, and shall include, but not be limited to, all of the
following:
(a) Evidence satisfactory to the department of all of the
following:
(1) The ability of the applicant to comply with this chapter and
of rules and regulations adopted pursuant to this chapter by the
department.
(2) The applicant has sufficient financial resources to maintain
the standards of service required by regulations adopted pursuant to
this chapter.
(3) Following the department's adoption of regulations specifying
the levels of care to be provided under this chapter, the applicant's
ability to meet regulatory requirements for the level of care the
facility intends to provide.
(4) Compliance or ability to comply with Section 1568.02.
(b) Disclosure of the applicant's prior or present service as an
administrator, general partner, corporate officer or director of, or
as a person who has held or holds a beneficial ownership of 10
percent or more in, any residential care facility or in any clinic or
facility licensed pursuant to Chapter 1 (commencing with Section
1200), Chapter 2 (commencing with Section 1250), or Chapter 3
(commencing with Section 1500).
(c) Disclosure of any revocation or other disciplinary action
taken, or in the process of being taken, against a license held or
previously held by the entities specified in subdivision (b).
(d) Any other information as may be required by the department for
the proper administration and enforcement of this chapter.
(e) A signed statement that the person desiring issuance of a
license has read this chapter and the regulations adopted pursuant to
this chapter and understands the statute and regulations applicable
to a residential care facility.
1568.041. (a) The department shall designate at least one person in
each region to be responsible for all activities pertaining to
license application as well as prescribed monitoring of licensees. In
those regions which have a concentration of licensees, the
department shall make every effort to identify at least one person in
each district office whose sole responsibility will be for
facilities licensed pursuant to this chapter.
(b) The department shall ensure that those personnel identified in
subdivision (a) receive periodic training regarding the most recent
developments in the HIV epidemic and the care and supervision of
people with HIV disease.
1568.042. (a) A corporation that applies for licensure with the
department shall list the facilities that any member of the board of
directors, the executive director, or an officer has been licensed to
operate, been employed in, or served as a member of the board of
directors, the executive director, or an officer.
(b) The department shall not issue a provisional license or
license to any corporate applicant that has a member of the board of
directors, an executive director, or an officer who is not eligible
for licensure pursuant to subdivision (f) of Section 1568.065 and
Section 1568.093.
(c) The department may revoke the license of any corporate
licensee that has a member of the board of directors, an executive
director, or an officer who is not eligible for licensure pursuant to
subdivision (f) of Section 1568.065 and Section 1568.093.
(d) Prior to instituting an administrative action pursuant to
either subdivision (b) or (c), the department shall notify the
applicant or licensee of the person's ineligibility to be a member of
the board of directors, an executive director, or an officer of the
applicant or licensee, and shall give the applicant or licensee 15
days to remove the person from that position.
1568.05. (a) An application fee adjusted by facility and capacity,
shall be charged by the department for a license to operate a
residential care facility for persons with chronic life-threatening
illness. After initial licensure, a fee shall be charged by the
department annually, on each anniversary of the effective date of the
license. The fees are for the purpose of financing the activities
specified in this chapter. Fees shall be assessed as follows:
Fee Schedule
Initial
Capacity Application Annual
1-6 $550 $275 plus $10
per bed
7-15 $689 $344 plus $10
per bed
16-25 $825 $413 plus $10
per bed
26+ $964 $482 plus $10
per bed
(b) (1) In addition to fees set forth in subdivision (a), the
department shall charge the following fees:
(A) A fee that represents 50 percent of an established application
fee when an existing licensee moves the facility to a new physical
address.
(B) A fee that represents 50 percent of the established
application fee when a corporate licensee changes who has the
authority to select a majority of the board of directors.
(C) A fee of twenty-five dollars ($25) when an existing licensee
seeks to either increase or decrease the licensed capacity of the
facility.
(D) An orientation fee of fifty dollars ($50) for attendance by
any individual at a department-sponsored orientation session.
(E) A probation monitoring fee equal to the annual fee, in
addition to the annual fee for that category and capacity for each
year a license has been placed on probation as a result of a
stipulation or decision and order pursuant to the administrative
adjudication procedures of the Administrative Procedure Act (Chapter
4.5 (commencing with Section 11400) and Chapter 5 (commencing with
Section 11500) of Part 1 of Division 3 of Title 2 of the Government
Code).
(F) A late fee that represents an additional 50 percent of the
established annual fee when any licensee fails to pay the annual
licensing fee on or before the due date as indicated by postmark on
the payment.
(G) A fee to cover any costs incurred by the department for
processing payments including, but not limited to, bounced check
charges, charges for credit and debit transactions, and postage due
charges.
(H) A plan of correction fee of two hundred dollars ($200) when
any licensee does not implement a plan of correction on or prior to
the date specified in the plan.
(2) No local governmental entity shall impose any business
license, fee, or tax for the privilege of operating a facility
licensed under this chapter which serves six or fewer persons.
(c) All fees collected pursuant to subdivisions (a) and (b) shall
be deposited in the Technical Assistance Fund.
(d) The revenues collected from licensing fees pursuant to this
section shall be utilized by the department for the purpose of
ensuring the health and safety of all individuals provided care and
supervision by licensees and to support activities of the licensing
program, including, but not limited to, monitoring facilities for
compliance with licensing laws and regulations pursuant to this
chapter, and other administrative activities in support of the
licensing program, when appropriated for these purposes. The revenues
collected shall be used in addition to any other funds appropriated
in the Budget Act in support of the licensing program.
(e) The department shall not utilize any portion of the revenues
collected pursuant to this section sooner than 30 days after
notification in writing of the purpose and use of this revenue, as
approved by the Director of Finance, to the Chairperson of the Joint
Legislative Budget Committee, and the chairpersons of the committee
in each house that considers appropriations for each fiscal year. The
department shall submit a budget change proposal to justify any
positions or any other related support costs on an ongoing basis.
(f) Fees established pursuant to this section shall not be
effective unless licensing fees are established for all adult
residential facilities licensed by the department.
(g) A residential care facility may use a bona fide business check
to pay the license fee required under this section.
(h) The failure of an applicant for licensure or a licensee to pay
all applicable and accrued fees and civil penalties shall constitute
grounds for denial or forfeiture of a license.
1568.06. (a) Upon initial application for licensure, residential
care facilities shall be provided a printed copy of all applicable
regulations for the operation of these facilities by the department,
without charge. The department shall provide all licensees with
copies of proposed changes in regulations applicable to residential
care facilities prior to public hearings on those proposed changes,
and copies of all adopted changes in regulations applicable to
residential care facilities immediately upon their adoption.
(b) As a requirement for licensure, an applicant shall attend an
orientation given by the department which outlines the applicable
rules and regulations and the scope and responsibility for operation
of a residential care facility. The orientation shall include
information on relevant community services.
1568.061. A license shall be forfeited by operation of law prior to
its expiration date when any of the following occurs:
(a) The licensee sells or otherwise transfers the facility or the
real property on which the facility is located, except when change of
ownership applies to transferring of stock when the facility is
owned by a corporation and when the transfer of stock does not
constitute a majority change in ownership.
(b) The licensee surrenders the license to the department.
(c) The licensee moves a facility from one location to another.
The department shall develop regulations to ensure that a licensee is
not charged a full licensing fee and is not required to complete the
entire application process when applying for a license for the new
location.
(d) The licensee is convicted of an offense specified in Section
220, 243.4, or 264.1, or paragraph (1) of Section 273a, Section 273d,
288, or 289 of the Penal Code, or is convicted of another crime
specified in subdivision (c) of Section 667.5 of the Penal Code.
(e) The licensee dies. When a licensee dies, the continued
operation shall be subject to the requirements of Section 1568.064.
1568.062. (a) Upon the filing of the application for issuance of a
license and substantial compliance with this chapter and the rules
and regulations of the department adopted pursuant to this chapter,
the director shall issue to the applicant the license to operate a
residential care facility. If the director finds that the applicant
is not in compliance with this chapter or the regulations adopted
pursuant to this chapter, the director shall deny the applicant a
license.
(b) The director may issue provisional licenses to operate
residential care facilities for any facility which the director
determines is in substantial compliance with this chapter and the
rules and regulations adopted pursuant to this chapter, provided that
no life safety risks are involved, as determined by the director. In
determining whether any life safety risks are involved, the director
shall require completion of all applicable fire clearances and
criminal record clearances as otherwise required by the department's
rules and regulations. A provisional license issued pursuant to this
subdivision shall expire six months from the date of issuance, or at
an earlier time as the director may determine, and may not be
renewed. However, the director may extend the term of a provisional
license for an additional six months at the time of application, if
it is determined that more than six months will be required to
achieve full compliance with licensing standards due to circumstances
beyond the control of the applicant, and if all other requirements
for a license have been met.
1568.063. Immediately upon the denial of any application for a
license, the department shall notify the applicant in writing. Within
15 days after the department mails the notice of denial, the
applicant may present his or her written petition for a hearing to
the department. Upon receipt by the department of the petition in
proper form, the petition shall be set for hearing.
1568.064. (a) When a licensee dies, an adult relative who has
control of the property may continue operation of the facility if the
following conditions are met:
(1) The department receives notification of the death during the
next normal workday and is informed of the relative's intent to
continue operating the facility as a residential care facility for
persons with chronic, life-threatening illnesses.
(2) The relative files application, within five days of the date
of death, shows evidence satisfactory to the department that he or
she has the ability to operate the facility, submits his or her
fingerprint card, and provides evidence of the licensee's death.
(b) The department shall make a decision within 60 days after the
application is submitted on whether to issue a provisional license
pursuant to Section 1568.062. A provisional license shall be granted
only if the department is satisfied that the conditions specified in
subdivision (a) have been met and that the health and safety of the
residents of the facility will not be jeopardized.
(c) If the relative complies with subdivision (a), he or she shall
not be considered to be operating an unlicensed facility while the
department decides whether to grant the provisional license.
1568.065. (a) Proceedings for the suspension, revocation, or denial
of a license under this chapter shall be conducted in accordance
with Chapter 5 (commencing with Section 11500) of Part 1 of Division
3 of Title 2 of the Government Code, and the department shall have
all those powers granted by the provisions. In the event of conflict
between this chapter and those provisions of the Government Code,
this chapter shall prevail.
(b) In all proceedings conducted in accordance with this section,
the standard of proof to be applied shall be by the preponderance of
the evidence.
(c) If the license is not temporarily suspended pursuant to
Section 1568.082, the hearing shall be held within 90 calendar days
after receipt of the notice of defense, unless a continuance of the
hearing is granted by the department or the administrative law judge.
When the matter has been set for hearing, only the administrative
law judge may grant a continuance of the hearing. The administrative
law judge may, but need not, grant a continuance of the hearing, only
upon finding the existence of any of the following:
(1) The death or incapacitating illness of a party, a
representative or attorney of a party, a witness to an essential
fact, or of the parent, child, or member of the household of that
person, when it is not feasible to substitute another representative,
attorney, or witness because of the proximity of the hearing date.
(2) Lack of notice of hearing as provided in Section 11509 of the
Government Code.
(3) A material change in the status of the case where a change in
the parties or pleadings requires postponement, or an executed
settlement or stipulated findings of fact obviate the need for
hearing. A partial amendment of the pleadings shall not be good cause
for continuance to the extent that the unamended portion of the
pleadings is ready to be heard.
(4) A stipulation for continuance signed by all parties or their
authorized representatives, including, but not limited to, a
representative, which is communicated with the request for
continuance to the administrative law judge no later than 25 business
days before the hearing.
(5) The substitution of the representative or attorney of a party
upon showing that the substitution is required.
(6) The unavailability of a party, representative, or attorney of
a party, or witness to an essential fact due to a conflicting and
required appearance in a judicial matter if when the hearing date was
set, the person did not know and could neither anticipate nor at any
time avoid the conflict, and the conflict with request for
continuance is immediately communicated to the administrative law
judge.
(7) The unavailability of a party, a representative or attorney of
a party, or a material witness due to an unavoidable emergency.
(8) Failure by a party to comply with a timely discovery request
if the continuance request is made by the party who requested the
discovery.
(d) In addition to the witness fees and mileage provided by
Section 11450.40 of the Government Code, the department may pay
actual, necessary, and reasonable expenses in an amount not to exceed
the per diem allowance payable to a nonrepresented state employee on
travel status. The department may pay witness expenses pursuant to
this section in advance of the hearing.
(e) (1) The withdrawal of an application for a license or a
special permit after it has been filed with the department shall not
deprive the department of its authority to institute or continue a
proceeding against the applicant for the denial of the license or a
special permit upon any ground provided by law or to enter an order
denying the license or special permit upon any ground provided by
law.
(2) The suspension, expiration, or forfeiture by operation of law
of a license issued by the department, or its suspension, forfeiture,
or cancellation by order of the department or by order of a court of
law, or its surrender, shall not deprive the department of its
authority to institute or continue a disciplinary proceeding against
the licensee upon any ground provided by law or to enter an order
suspending or revoking the license or otherwise taking disciplinary
action against the licensee on any ground provided by law.
(f) (1) If an application for a license indicates, or the
department determines during the application review process, that the
applicant previously was issued a license under this chapter or
under Chapter 1 (commencing with Section 1200), Chapter 2 (commencing
with Section 1250), Chapter 3 (commencing with Section 1500),
Chapter 3.3 (commencing with Section 1569), Chapter 3.4 (commencing
with Section 1596.70), Chapter 3.5 (commencing with Section 1596.90),
or Chapter 3.6 (commencing with Section 1597.30) and the prior
license was revoked within the preceding two years, the department
shall cease any further review of the application until two years
shall have elapsed from the date of the revocation.
(2) If an application for a license or special permit indicates,
or the department determines during the application review process,
that the applicant previously was issued a certificate of approval by
a foster family agency that was revoked by the department pursuant
to subdivision (b) of Section 1534 within the preceding two years,
the department shall cease any further review of the application
until two years have elapsed from the date of the revocation.
(3) If an application for a license or special permit indicates,
or the department determines during the application review process,
that the applicant was excluded from a facility licensed by the
department pursuant to Section 1558, 1568.092, 1569.58, or 1596.8897,
the department shall cease any further review of the application
unless the excluded individual has been reinstated pursuant to
Section 11522 of the Government Code by the department.
(4) If an application for a license indicates, or the department
determines during the application review process, that the applicant
had previously applied for a license under any of the chapters listed
in paragraph (1) and the application was denied within the last
year, the department shall cease further review of the application as
follows:
(A) In cases where the applicant petitioned for a hearing, the
department shall cease further review of the application until one
year has elapsed from the effective date of the decision and order of
the department upholding a denial.
(B) In cases where the department informed the applicant of his or
her right to petition for a hearing and the applicant did not
petition for a hearing, the department shall cease further review of
the application until one year has elapsed from the date of the
notification of the denial and the right to petition for a hearing.
(C) The department may continue to review the application if it
has determined that the reasons for the denial of the application
were due to circumstances and conditions which either have been
corrected or are no longer in existence.
(5) If an application for a license or special permit indicates,
or the department determines during the application review process,
that the applicant had previously applied for a certificate of
approval with a foster family agency and the department ordered the
foster family agency to deny the application pursuant to subdivision
(b) of Section 1534, the department shall cease further review of the
application as follows:
(A) In cases where the applicant petitioned for a hearing, the
department shall cease further review of the application until one
year has elapsed from the effective date of the decision and order of
the department upholding a denial.
(B) In cases where the department informed the applicant of his or
her right to petition for a hearing and the applicant did not
petition for a hearing, the department shall cease further review of
the application until one year has elapsed from the date of the
notification of the denial and the right to petition for a hearing.
(C) The department may continue to review the application if it
has determined that the reasons for the denial of the application
were due to circumstances and conditions that either have been
corrected or are no longer in existence.
(6) The cessation of review shall not constitute a denial of the
application for purposes of Section 1568.062 or any other law.
1568.0651. (a) The administrative law judge conducting a hearing
under this article may permit the testimony of a child witness, or a
similarly vulnerable witness, including a witness who is
developmentally disabled, to be taken outside the presence of the
respondent or respondents if all of the following conditions exist:
(1) The administrative law judge determines that taking the
witness's testimony outside the presence of the respondent or
respondents is necessary to ensure truthful testimony.
(2) The witness is likely to be intimidated by the presence of the
respondent or respondents.
(3) The witness is afraid to testify in front of the respondent or
respondents.
(b) If the testimony of the witness is taken outside of the
presence of the respondent or respondents, the department shall
provide for the use of one-way closed-circuit television so the
respondent or respondents can observe the testimony of the witness.
Nothing in this section shall limit a respondent's right of
cross-examination.
(c) The administrative law judge conducting a hearing under this
section may clear the hearing room of any persons who are not a party
to the action in order to protect any witness from intimidation or
other harm, taking into account the rights of all persons.
1568.0652. (a) (1) An out-of-court statement made by a minor under
12 years of age who is the subject or victim of an allegation at
issue is admissible evidence at an administrative hearing conducted
pursuant to this article. The out-of-court statement may be used to
support a finding of fact unless an objection is timely made and the
objecting party establishes that the statement is unreliable because
it was the product of fraud, deceit, or undue influence. However, the
out-of-court statement may not be the sole basis for the finding of
fact, unless the adjudicator finds that the time, content, and
circumstances of the statement provide sufficient indicia of
reliability.
(2) The proponent of the statement shall give reasonable notice to
all parties of the intended introduction of the statement at the
hearing.
(3) For purposes of this subdivision, an objection is timely if it
identifies with reasonable specificity the disputed out-of-court
statement and it gives the proponent of the evidence a reasonable
period of time to prepare a response to the objection prior to the
hearing.
(b) This section shall not be construed to limit the right of any
party to the administrative hearing to subpoena a witness whose
statement is admitted as evidence or to introduce admissible evidence
relevant to the weight of the hearsay evidence or the credibility of
the hearsay declarant.
1568.067. (a) No license issued pursuant to this chapter shall have
any property value for sale or exchange purposes and no person,
including any owner, agent, or broker, shall sell or exchange any
license for any commercial purpose.
(b) (1) Each residential care facility licensed under this chapter
shall reveal its license number in all advertisements, publications,
or announcements made with the intent to attract clients or
residents.
(2) Advertisements, publications, or announcements subject to the
requirements of paragraph (1) shall include, but not be limited to,
those contained in a newspaper or magazine, consumer report,
announcement of intent to commence business, telephone directory
yellow pages, professional or service directory, or radio or
television commercial.
1568.068. (a) Notwithstanding Section 1568.061, in the event of a
sale of a licensed residential care for persons with chronic,
life-threatening illness facility where the sale will result in a new
license being issued, the sale and transfer of property and business
shall be subject to both of the following:
(1) The licensee shall provide written notice to the department
and to each resident or his or her legal representative of the
licensee's intent to sell the facility at least 60 days prior to the
transfer of property or business, or at the time that a bona fide
offer is made, whichever period is longer.
(2) The licensee shall, prior to entering into an admission
agreement, inform all residents, or their legal representatives,
admitted to the facility after notification to the department, of the
licensee's intent to sell the property or business.
(b) Except as provided in subdivision (e), the property and
business shall not be transferred until the buyer qualifies for a
license or provisional license pursuant to this chapter.
(1) The seller shall notify, in writing, a prospective buyer of
the necessity to obtain a license, as required by this chapter, if
the buyer's intent is to continue operating the facility as a
residential care facility for the chronically ill. The seller shall
send a copy of this written notice to the licensing agency.
(2) The prospective buyer shall submit an application for a
license, as specified in Section 1568.04, within five days of the
acceptance of the offer by the seller.
(c) No transfer of the property or business shall be permitted
until 60 days have elapsed from the date when notice has been
provided to the department pursuant to paragraph (1) of subdivision
(a).
(d) The department shall give priority to applications for
licensure that are submitted pursuant to this section in order to
ensure timely transfer of the property and business. The department
shall make a decision within 60 days after a complete application is
submitted on whether to issue a license pursuant to Section 1568.04.
(e) If the parties involved in the transfer of the property and
business fully comply with this section, then the transfer may be
completed and the buyer shall not be considered to be operating an
unlicensed facility while the department makes a final determination
on the application for licensure.
1568.07. (a) (1) Within 90 days after a facility accepts its first
resident for placement following its initial licensure, the
department shall inspect the facility to evaluate compliance with
rules and regulations and to assess the facility's continuing ability
to meet regulatory requirements. The licensee shall notify the
department, within five business days after accepting its first
resident for placement, that the facility has commenced operating.
(2) The department may take appropriate remedial action as
provided for in this chapter.
(b) (1) Every licensed residential care facility shall be
periodically inspected and evaluated for quality of care by a
representative or representatives designated by the director.
Evaluations shall be conducted at least annually and as often as
necessary to ensure the quality of care being provided.
(2) During each licensing inspection the department shall
determine if the facility meets regulatory standards, including, but
not limited to, providing residents with the appropriate level of
care based on the facility's license, providing adequate staffing and
services, updated resident records and assessments, and compliance
with basic health and safety standards.
(3) If the department determines that a resident requires a higher
level of care than the facility is authorized to provide, the
department may initiate a professional level of care assessment by an
assessor approved by the department. An assessment shall be
conducted in consultation with the resident, the resident's physician
and surgeon, and the resident's case manager, and shall reflect the
desires of the resident, the resident's physician and surgeon, and
the resident's case manager. The assessment also shall recognize that
certain illnesses are episodic in nature and that the resident's
need for a higher level of care may be temporary.
(4) The department shall notify the residential care facility in
writing of all deficiencies in its compliance with this chapter and
the rules and regulations adopted pursuant to this chapter, and shall
set a reasonable length of time for compliance by the facility.
(5) Reports on the results of each inspection, evaluation, or
consultation shall be kept on file in the department, and all
inspection reports, consultation reports, lists of deficiencies, and
plans of correction shall be open to public inspection.
(c) Any duly authorized officer, employee, or agent of the
department may, upon presentation of proper identification, enter and
inspect any place providing personal care, supervision, and
services, at any time, with or without advance notice, to secure
compliance with, or to prevent a violation of, this chapter.
(d) No licensee shall discriminate or retaliate in any manner
against any person receiving the services of the facility of the
licensee, or against any employee of the facility, on the basis, or
for the reason, that a person or employee or any other person has
initiated or participated in an inspection pursuant to Section
1568.071.
(e) Any person who, without lawful authorization from a duly
authorized officer, employee, or agent of the department, informs an
owner, operator, employee, agent, or resident of a residential care
facility, of an impending or proposed inspection or evaluation of
that facility by personnel of the department, is guilty of a
misdemeanor and upon conviction thereof shall be punished by a fine
not to exceed one thousand dollars ($1,000), by imprisonment in the
county jail for a period not to exceed 180 days, or by both a fine
and imprisonment.
1568.071. (a) Any person may request an inspection of any
residential care facility in accordance with this chapter by
transmitting to the department notice of an alleged violation of
applicable requirements prescribed by statutes or regulations of this
state.
(b) The substance of the complaint shall be provided to the
licensee no earlier than at the time of the inspection. Unless the
complainant specifically requests otherwise, neither the substance of
the complaint provided the licensee nor any copy of the complaint or
any record published, released, or otherwise made available to the
licensee shall disclose the name of any person mentioned in the
complaint except the name of any duly authorized officer, employee,
or agent of the department conducting the investigation or inspection
pursuant to this chapter.
(c) Upon receipt of a complaint, other than a complaint alleging
denial of a statutory right of access to a residential care facility,
the department shall make a preliminary review and, unless the
department determines that the complaint is willfully intended to
harass a licensee or is without any reasonable basis, it shall make
an onsite inspection within 10 days after receiving the complaint
except where the visit would adversely affect the licensing
investigation or the investigation of other agencies, including, but
not limited to, law enforcement agencies. In either event, the
complainant shall be promptly informed of the department's proposed
course of action.
(d) Upon receipt of a complaint alleging denial of a statutory
right of access to a residential facility, the department shall
review the complaint. The complainant shall be notified promptly of
the department's proposed course of action.
1568.0715. (a) The department shall ensure that the licensee's plan
of correction is verifiable and measurable. The plan of correction
shall specify what evidence is acceptable to establish that a
deficiency has been corrected. This evidence shall be included in the
department's facility file.
(b) The department shall specify in its licensing report all
violations that, if not corrected, will have a direct and immediate
risk to the health, safety, or personal rights of residents in care.
(c) The department shall complete all complaint investigations and
place a note of final conclusion in the department's facility file,
regardless of whether the licensee voluntarily surrendered the
license.
1568.072. (a) The department shall adopt, amend, and repeal, in
accordance with Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code, any reasonable
rules, regulations, and standards as may be necessary or proper to
carry out the purposes and intent of this chapter and to enable the
department to exercise the powers and perform the duties conferred
upon it by this chapter, not inconsistent with state law.
(b) Regulations for a license shall prescribe standards of safety
and sanitation, for the physical plant, as well as for the basic care
and supervision, personal care, and services to be provided by a
facility.
(c) Regulations shall specify the application and licensing
process, the range of services, alternative methods for providing
those services, the appraisal and assessment process, and facility
staffing and training requirements.
(d) Regulations shall allow for the development of new and
innovative community programs.
1568.073. (a) (1) The department may order the licensee to remove a
resident who has a health condition which cannot be cared for within
the limits of the license or requires inpatient care in a health
facility as determined by the department pursuant to Section 1568.07.
(2) When the department determines that the resident's mental or
physical condition requires immediate transfer from the facility in
order to protect the health and safety of the resident, the
department may order the licensee to remove the resident after the
department consults with a physician or other medical professional
about the transfer and ways in which transfer trauma can be
minimized.
(b) (1) When the department determines that a resident has a
health condition which cannot be cared for within the limits of the
license or requires inpatient care in a health facility, the
department shall give notice to the resident, his or her legal
representative when appropriate, his or her physician when
applicable, his or her case manager when applicable, and the
licensee. The notice shall specify a deadline for submitting a
written plan for relocation and inform the resident of his or her
right for a review and determination. The resident, or his or her
legal representative, shall have three working days to inform the
licensee of the request for review. The licensee shall forward the
request to the department within two working days of receipt. Failure
or refusal by the licensee to submit the request to the department
may subject the licensee to the civil penalties as specified in
Section 1568.0822. The department shall not refuse to consider the
request if the licensee fails or refuses to submit the request to the
department.
(2) The review and determination shall be completed within 30 days
from the date that the resident was initially informed of the need
to relocate. If the determination is made that the resident must
relocate, the notice shall include a plan for transfer including ways
to minimize transfer trauma for the resident.
(3) The department may require the licensee to prepare and submit
to the department a written plan for relocation, to comply with the
terms and conditions of the approved plan, and to provide other
information as necessary for the enforcement of this section.
(c) The provisions allowing for a resident's right to a review
prior to transfer as provided in subdivision (b) neither negates the
department's authority and responsibility to require an immediate
transfer according to paragraph (2) of subdivision (a) when the
department finds and provides evidence that the resident must be
relocated in order to protect the health and safety of the resident,
nor implies any right to a fair hearing pursuant to Chapter 7
(commencing with Section 10950) of Part 2 of Division 9 of the
Welfare and Institutions Code.
(d) The department shall specify by regulation the process for
making relocation decisions and for appealing and reviewing those
decisions pursuant to this section.
1568.075. On and after January 1, 1999, no security window bars may
be installed or maintained on any residential care facility unless
the security window bars meet current state and local requirements,
as applicable, for security window bars and safety release devices.
1568.08. Each facility required to be licensed under this chapter
shall keep a current record of all of the following:
(a) Residents in the facility, including each resident's name and
ambulatory status.
(b) The name and telephone number of each resident's physician and
surgeon.
(c) The name, address, and telephone number of any person or
agency responsible for the care of a resident.
(d) Updated resident file records, including, but not limited to,
the current physician and surgeon report, residential appraisal,
level of services required and documentation of any health related
services provided to residents.
The facility shall respect the privacy and confidentiality of this
information.
1568.081. (a) A placement agency shall place individuals only in
licensed residential care facilities or facilities which are exempt
from licensure under subdivision (c) of Section 1568.03.
(b) No employee of a placement agency shall place, refer, or
recommend placement of a person in a facility operating without a
license, unless the facility is exempt from licensure under
subdivision (c) of Section 1568.03. Violation of this subdivision is
a misdemeanor.
(c) Any employee of a placement agency who knows, or reasonably
suspects that a facility, which is not exempt from licensure under
this chapter, is operating without a license shall report the name
and address of the facility to the department. Failure to report as
required by this subdivision is a misdemeanor.
(d) The department shall investigate any report filed under
subdivision (c). If the department has probable cause to believe that
the facility which is the subject of the report is operating without
a license, the department shall investigate the facility within 10
days after receipt of the report.
(e) A placement agency shall notify the department of any known or
suspected incidents which would jeopardize the health or safety of
residents in a residential care facility. Reportable incidents
include, but are not limited to, all of the following:
(1) Incidents of physical abuse.
(2) Any violation of personal rights.
(3) Any situation in which a facility is unclean, unsafe,
unsanitary, or in poor condition.
(4) Any situation in which a facility has insufficient personnel
or incompetent personnel on duty.
(5) Any situation in which residents experience mental or verbal
abuse.
(6) Any situation in which a facility is suspected of accepting or
retaining residents who require a higher level of care than the
facility is authorized to provide.
1568.082. (a) The department may suspend or revoke any license
issued under this chapter upon any of the following grounds and in
the manner provided in this chapter:
(1) Violation by the licensee of this chapter or of the rules and
regulations adopted pursuant to this chapter.
(2) Aiding, abetting, or permitting the violation of this chapter
or of the rules and regulations adopted pursuant to this chapter.
(3) Conduct which is inimical to the health, welfare, or safety of
either an individual in or receiving services from the facility or
the people of the State of California.
(4) The provision of services beyond the level the facility is
authorized to provide, or accepting or retaining residents who
require services of a higher level than the facility is authorized to
provide.
(5) Engaging in acts of financial malfeasance concerning the
operation of a facility, including, but not limited to, improper use
or embezzlement of client moneys and property or fraudulent
appropriation for personal gain of facility moneys and property, or
willful or negligent failure to provide services.
(b) The director may temporarily suspend any license, prior to any
hearing when, in the opinion of the director, the action is
necessary to protect residents of the facility from physical or
mental abuse, abandonment, or any other substantial threat to health
or safety. The director shall notify the licensee of the temporary
suspension and the effective date of the temporary suspension, and at
the same time shall serve the provider with an accusation. Upon
receipt of a notice of defense to the accusation by the licensee, the
director shall, within 15 days, set the matter for hearing, and the
hearing shall be held as soon as possible, but not later than 30 days
after receipt of the notice. The temporary suspension shall remain
in effect until the time the hearing is completed and the director
has made a final determination on the merits. However, the temporary
suspension shall be deemed vacated if the director fails to make a
final determination on the merits within 30 days after the original
hearing has been completed.
(c) In any case where the department orders the licensee to remove
a resident who has a health condition or health conditions which
cannot be cared for within the limits of the license or special
permit or requires inpatient care in a health facility licensed
pursuant to Chapter 2 (commencing with Section 1250), the licensee
shall do all of the following:
(1) Prepare and submit to the department a written plan for
relocation of the client or resident, in a form acceptable to the
department.
(2) Comply with all terms and conditions of the approved
relocation plan.
(3) Provide any other information as may be required by the
department for the proper administration and enforcement of this
section.
1568.0821. (a) Notwithstanding any other provision of this chapter,
any person who violates Section 1568.03 shall be assessed by the
department an immediate civil penalty in the amount of one hundred
dollars ($100) per resident for each day of the violation.
(b) The civil penalty authorized in subdivision (a) shall be two
hundred dollars ($200) per resident for each day of the violation if
an unlicensed facility is operated and the operator refuses to seek
licensure or the operator seeks licensure and the license application
is denied and the operator continues to operate the unlicensed
facility.
(c) An operator may appeal the assessment to the director. The
department shall adopt regulations setting forth the appeal
procedure.
1568.0822. (a) In addition to the suspension, temporary suspension,
or revocation of a license issued under this chapter, the department
may levy a civil penalty. The department shall adopt regulations
setting forth the appeal procedures for deficiencies.
(b) The amount of the civil penalty shall not be less than
twenty-five dollars ($25) or more than fifty dollars ($50) per day
for each violation of this chapter, except where the nature or
seriousness of the violation or the frequency of the violation
warrants a higher penalty or an immediate civil penalty assessment,
or both, as determined by the department. In no event shall a civil
penalty assessment exceed one hundred fifty dollars ($150) per day
per violation.
(c) Notwithstanding Section 1568.07, the department shall assess
an immediate civil penalty of one hundred fifty dollars ($150) per
day per violation for any of the following serious violations:
(1) (A) Fire clearance violations, including, but not limited to,
overcapacity, ambulatory status, inoperable smoke alarms, and
inoperable fire alarm systems. The civil penalty shall not be
assessed if the licensee has done either of the following:
(i) Requested the appropriate fire clearance based on ambulatory,
nonambulatory, or bedridden status, and the decision is pending.
(ii) Initiated eviction proceedings.
(B) A licensee denied a clearance for bedridden residents may
appeal to the fire authority, and, if that appeal is denied, may
subsequently appeal to the Office of the State Fire Marshal, and
shall not be assessed an immediate civil penalty until the final
appeal is decided, or after 60 days has passed from the date of the
citation, whichever is earlier.
(2) Absence of supervision, as required by statute and regulation.
(3) Accessible bodies of water, when prohibited in this chapter or
regulations adopted pursuant to this chapter.
(4) Accessible firearms, ammunition, or both.
(5) Refused entry to a facility or any part of a facility in
violation of Section 1568.07 or 1568.071.
(6) The presence of an excluded person on the premises.
(d) Notwithstanding Section 1568.07, any residential care facility
that is cited for repeating the same violation of this chapter
within 12 months of the first violation is subject to an immediate
civil penalty of one hundred fifty dollars ($150) and fifty dollars
($50) for each day the violation continues until the deficiency is
corrected.
(e) Any residential care facility that is assessed a civil penalty
pursuant to subdivision (d) which repeats the same violation of this
chapter within 12 months of the violation subject to subdivision (d)
shall be assessed an immediate civil penalty of one thousand dollars
($1,000) and one hundred dollars ($100) for each day the violation
continues until the deficiency is corrected, provided that the
violation is a serious violation.
(f) The department shall adopt regulations implementing this
section.
1568.0823. (a) Any person who violates this chapter, or who
willfully or repeatedly violates any rule or regulation adopted under
this chapter, is guilty of a misdemeanor and upon conviction thereof
shall be punished by a fine not to exceed one thousand dollars
($1,000), or by imprisonment in the county jail for a period not to
exceed 180 days, or by both fine and imprisonment.
(b) Operation of a residential care facility without a license
shall be subject to a summons to appear in court.
(c) Notwithstanding any other provision of this chapter, the
district attorney of every county, and the city attorneys in those
cities which have city attorneys who have jurisdiction to prosecute
misdemeanors pursuant to Section 72193 of the Government Code, shall,
upon their own initiative or upon application by the department or
its authorized representative, institute and conduct the prosecution
of any action for violation within his or her county of this chapter.
1568.0823. Any person who, without lawful authorization from a duly
authorized officer, employee, or agent of the department, informs an
owner, operator, employee, agent, or resident of a residential care
facility for persons with a chronic, life-threatening illness of an
impending and unannounced site visit to that facility by personnel of
the department, is guilty of a misdemeanor and upon conviction
thereof shall be punished by a fine not to exceed one thousand
dollars ($1,000), by imprisonment in the county jail for a period not
to exceed 180 days, or by both a fine and imprisonment.
1568.0825. (a) The department shall conduct an unannounced visit to
a facility within 30 days after the effective date of a temporary
suspension of a license in order to ensure that the facility is
nonoperational, unless the department previously has verified that
the facility is nonoperational.
(b) The department shall conduct an unannounced visit to a
facility within 30 days after the effective date of a revocation of a
license in order to ensure that the facility is nonoperational,
unless the department previously has verified that the facility is
nonoperational.
1568.083. (a) The department, State Fire Marshal, or local fire
officials shall not make a de facto determination of a resident's
ambulatory or nonambulatory status based on a resident's placement in
the facility. Interpretation of regulations related to fire safety
in residential care facilities shall be made to provide flexibility
to allow residents to remain in the least restrictive environment.
(b) This chapter shall not preempt the application of any local
zoning requirements to residential car
1568.01. For purposes of this chapter, the following definitions
shall apply:
(a) "Activities of daily living" means housework, meals, laundry,
taking medication, money management, appropriate transportation,
correspondence, telephoning, dressing, feeding, toileting, bathing,
grooming, mobility, and related tasks.
(b) "Care and supervision" means ongoing assistance with
activities of daily living without which a resident's physical
health, mental health, safety, or welfare would be endangered.
(c) "Chronic, life-threatening illness" means HIV disease or AIDS.
(d) "Department" means the State Department of Social Services.
(e) "Director" means the Director of Social Services.
(f) "Family dwelling" includes, but is not limited to,
single-family dwellings, units in multifamily dwellings, including
units in duplexes and units in apartment dwellings, mobilehomes,
including mobilehomes located in mobilehome parks, units in
cooperatives, units in condominiums, units in townhouses, and units
in planned unit developments.
(g) "Family unit" means at least one parent or guardian and one or
more of that parent or guardian's children. For purposes of this
chapter, each family unit shall include at least one adult with HIV
disease or AIDS, at least one child with HIV or AIDS, or both.
(h) "Fund" means the Residential Care Facilities for Persons with
Chronic Life-Threatening Illness Fund created by subdivision (c) of
Section 1568.05.
(i) "Placement agency" means any state agency, county agency, or
private agency which receives public funds, in part, to identify
housing options for persons with chronic, life-threatening illness
and refers these persons to housing.
(j) "Residential care facility" means a residential care facility
for persons with chronic, life-threatening illness who are 18 years
of age or older or are emancipated minors, and for family units.
(k) "Six or fewer persons" does not include the licensee or
members of the licensee's family or persons employed as facility
staff.
(l) "Terminal disease" or "terminal illness" means a medical
condition resulting from a prognosis of a life expectancy of one year
or less, if the disease follows its normal course.
1568.02. (a) (1) The department shall license residential care
facilities for persons with chronic, life-threatening illness under a
separate category.
(2) A residential care facility for persons with chronic,
life-threatening illness may allow a person who has been diagnosed by
his or her physician or surgeon as terminally ill, as defined in
subdivision (l) of Section 1568.01, to become a resident of the
facility if the person receives hospice services from a hospice
certified in accordance with federal Medicare conditions of
participation and is licensed pursuant to Chapter 8 (commencing with
Section 1725) or Chapter 8.5 (commencing with Section 1745).
(b) The licensee of every facility required to be licensed
pursuant to this chapter shall provide the following basic services
for each resident:
(1) Room and board. No more than two residents shall share a
bedroom, except that the director, in his or her discretion, may
waive this limitation.
(2) Access to adequate common areas, including recreation areas
and shared kitchen space with adequate refrigerator space for the
storage of medications.
(3) Consultation with a nutritionist, including consultation on
cultural dietary needs.
(4) Personal care services, as needed, including, but not limited
to, activities of daily living. A facility may have a written
agreement with another agency to provide personal care services,
except that the facility shall be responsible for meeting the
personal care needs of each resident.
(5) Access to case management for social services. A facility may
have a written agreement with another agency to provide case
management.
(6) Development, implementation, and monitoring of an individual
services plan. All health services components of the plan shall be
developed and monitored in coordination with the home health agency
or hospice agency and shall reflect the elements of the resident's
plan of treatment developed by the home health agency or hospice
agency.
(7) Intake and discharge procedures, including referral to
outplacement resources.
(8) Access to psychosocial support services.
(9) Access to community-based and county services system.
(10) Access to a social and emotional support network of the
resident's own choosing, within the context of reasonable visitation
rules established by the facility.
(11) Access to intermittent home health care services in
accordance with paragraph (1) of subdivision (c).
(12) Access to substance abuse services in accordance with
paragraph (3) of subdivision (c).
(13) Adequate securable storage space for personal items.
(c) The licensee of every facility required to be licensed
pursuant to this chapter shall demonstrate, at the time of
application, all of the following:
(1) Written agreement with a licensed home health agency or
hospice agency. Resident information may be shared between the home
health agency or hospice agency and the residential care facility for
persons with chronic, life-threatening illness relative to the
resident's medical condition and the care and treatment provided to
the resident by the home health agency or hospice agency, including,
but not limited to, medical information, as defined by the
Confidentiality of Medical Information Act, Part 2.6 (commencing with
Section 56) of Division 1 of the Civil Code. Any regulations,
policies, or procedures related to sharing resident information and
development of protocols, established by the department pursuant to
this section, shall be developed in consultation with the State
Department of Health Services and persons representing home health
agencies, hospice agencies, and residential care facilities for
persons with chronic, life-threatening illness.
(2) Written agreement with a psychosocial services agency, unless
the services are provided by the facility's professional staff.
(3) Written agreement with a substance abuse agency, unless the
services are provided by the facility's professional staff.
(4) Ability to provide linguistic services for residents who do
not speak English.
(5) Ability to provide culturally appropriate services.
(6) Ability to reasonably accommodate residents with physical
disabilities, including, but not limited to, residents with motor
impairments, physical access to areas of the facility utilized by
residents, and access to interpreters for hearing-impaired residents.
(7) Written nondiscrimination policy which shall be posted in a
conspicuous place in the facility.
(8) Written policy on drug and alcohol use, including, but not
limited to, a prohibition on the use of illegal substances.
(d) Any facility licensed pursuant to this chapter which intends
to serve a specific population, such as women, family units, minority
and ethnic populations, or homosexual men or women, shall
demonstrate, at the time of application, the ability and resources to
provide services that are appropriate to the targeted population.
(e) No facility licensed pursuant to this chapter shall house more
than 25 residents, except that the director may authorize a facility
to house up to 50 residents.
(f) If the administrator is responsible for more than two
facilities, the facility manager shall meet the qualifications of
both the administrator and the facility manager, as described in
Sections 87864 and 87864.1 of Title 22 of the California Code of
Regulations.
(g) Each licensee shall employ additional personnel as necessary
to meet the needs of the residents and comply with the requirements
of this chapter and the regulations adopted by the department
pursuant to this chapter. On-call personnel shall be able to be on
the facility premises within 30 minutes of the receipt of a telephone
call.
1568.021. (a) If the applicant for a license for a residential care
facility handles or will handle any money of a resident of the
facility, the applicant or licensee shall file or have on file with
the department a bond issued by a surety company admitted to do
business in this state in a sum to be fixed by the department based
upon the magnitude of the operations of the applicant or licensee,
but which sum shall not be less than one thousand dollars ($1,000),
running to the State of California and conditioned upon his or her
faithful and honest handling of the money of residents of the
facility.
(b) The failure of any licensee under this chapter to maintain on
file with the department a bond in the amount prescribed by the
department or the embezzlement by a licensee of trust funds of a
resident of the facility shall constitute cause for the revocation of
the license.
(c) This section shall not apply if the licensee handles moneys of
residents of the facility in amounts less than fifty dollars ($50)
per person and less than five hundred dollars ($500) for all persons
in any month.
(d) The director may grant a partial or total variance from the
requirements of this section if the director finds that compliance
with them is so onerous that a residential care facility will cease
to operate, and if the director also finds that money of the
residents received or cared for in the facility has been, or will be,
deposited in a bank in this state, in a trust company authorized to
transact a trust business in this state, or in a savings and loan
association in this state, upon condition that the money may not be
withdrawn except on authorization of the person or a representative
who is legally authorized to make financial decisions on behalf of
the person.
1568.03. (a) No person, firm, partnership, association, or
corporation within the state and no state or local public agency
shall operate, establish, manage, conduct, or maintain a residential
care facility in this state without first obtaining and maintaining a
valid license therefor, as provided in this chapter.
(b) A facility may accept or retain residents requiring varying
levels of care. However, a facility shall not accept or retain
residents who require a higher level of care than the facility is
authorized to provide. Persons who require 24-hour skilled nursing
intervention shall not be appropriate for a residential care
facility.
(c) This chapter shall not apply to the following:
(1) Any health facility, as defined in Section 1250.
(2) Any clinic, as defined in Section 1200.
(3) Any arrangement for the receiving and care of persons with
chronic, life-threatening illness by a relative, guardian or
conservator, significant other, or close friend; or any arrangement
for the receiving and care of persons with chronic, life-threatening
illness from only one family as respite for the relative, guardian or
conservator, significant other, or close friend, if the arrangement
is not for financial profit and occurs only occasionally and
irregularly, as defined by regulations of the department.
(4) (A) Any house, institution, hotel, foster home, shared housing
project, or other similar facility that is limited to providing any
of the following: housing, meals, transportation, housekeeping,
recreational and social activities, the enforcement of house rules,
counseling on activities of daily living, and service referrals, as
long as both of the following conditions are met:
(i) After any referral, all residents thereof independently obtain
care and supervision and medical services without the assistance of
the facility or of any person or entity with an organizational or
financial connection with that facility.
(ii) No resident thereof has an unmet need for care and
supervision or protective supervision. A memorandum of understanding
between the facility and any service agency to which it refers
residents does not necessarily itself constitute an agreement for
care and supervision of the resident.
(B) In determining the applicability of this paragraph, the
department shall determine the residents' need for care and
supervision, if any, and shall identify the persons or entities
providing or assisting in the provision of care and supervision. This
paragraph shall apply only if the department determines that the
care and supervision needs of all residents are being independently
met.
(5) (A) (i) Any housing occupied by elderly or disabled persons,
or both, that is approved and operated pursuant to Section 202 of
Public Law 86-372 (12 U.S.C. Sec. 1701q), or Section 811 of Public
Law 101-625 (42 U.S.C. Sec. 8013), or whose mortgage is insured
pursuant to Section 236 of Public Law 90-448 (12 U.S.C. Sec. 1715z),
or that receives mortgage assistance pursuant to Section 221d (3) of
Public Law 87-70 (12 U.S.C. Sec. 1751l), where supportive services
are made available to residents at their option, as long as the
project owner or operator does not contract for or provide the
supportive services.
(ii) Any housing that qualifies for a low-income housing credit
pursuant to Section 252 of Public Law 99-514 (26 U.S.C. Sec. 42) or
that is subject to the requirements for rental dwellings for
low-income families pursuant to Section 8 of Public Law 93-383 (42
U.S.C. Sec. 1437f), and that is occupied by elderly or disabled
persons, or both, where supportive services are made available to
residents at their option, as long as the project owner or operator
does not contract for or provide the supportive services.
(B) The project owner or operator to which subparagraph (A)
applies may coordinate, or help residents gain access to, the
supportive services, either directly or through a service
coordinator.
(6) Any similar facility determined by the director.
(d) A holder of a residential care facility license may hold or
obtain an additional license or a child day care facility license, as
long as the services required by each license are provided at
separate locations or distinctly separate sections of the building.
(e) The director may bring an action to enjoin the violation or
threatened violation of this section in the superior court in and for
the county in which the violation occurred or is about to occur. Any
proceeding under this section shall conform to the requirements of
Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the
Code of Civil Procedure, except that the director shall not be
required to allege facts necessary to show or tending to show lack of
adequate remedy at law or irreparable damage or loss. The court
shall, if it finds the allegations to be true, issue its order
enjoining continuance of the violation.
1568.04. Any person desiring issuance of a license for a
residential care facility under this chapter shall file with the
department, pursuant to regulations adopted by the department, an
application. The application shall be provided on a form furnished by
the department, and shall include, but not be limited to, all of the
following:
(a) Evidence satisfactory to the department of all of the
following:
(1) The ability of the applicant to comply with this chapter and
of rules and regulations adopted pursuant to this chapter by the
department.
(2) The applicant has sufficient financial resources to maintain
the standards of service required by regulations adopted pursuant to
this chapter.
(3) Following the department's adoption of regulations specifying
the levels of care to be provided under this chapter, the applicant's
ability to meet regulatory requirements for the level of care the
facility intends to provide.
(4) Compliance or ability to comply with Section 1568.02.
(b) Disclosure of the applicant's prior or present service as an
administrator, general partner, corporate officer or director of, or
as a person who has held or holds a beneficial ownership of 10
percent or more in, any residential care facility or in any clinic or
facility licensed pursuant to Chapter 1 (commencing with Section
1200), Chapter 2 (commencing with Section 1250), or Chapter 3
(commencing with Section 1500).
(c) Disclosure of any revocation or other disciplinary action
taken, or in the process of being taken, against a license held or
previously held by the entities specified in subdivision (b).
(d) Any other information as may be required by the department for
the proper administration and enforcement of this chapter.
(e) A signed statement that the person desiring issuance of a
license has read this chapter and the regulations adopted pursuant to
this chapter and understands the statute and regulations applicable
to a residential care facility.
1568.041. (a) The department shall designate at least one person in
each region to be responsible for all activities pertaining to
license application as well as prescribed monitoring of licensees. In
those regions which have a concentration of licensees, the
department shall make every effort to identify at least one person in
each district office whose sole responsibility will be for
facilities licensed pursuant to this chapter.
(b) The department shall ensure that those personnel identified in
subdivision (a) receive periodic training regarding the most recent
developments in the HIV epidemic and the care and supervision of
people with HIV disease.
1568.042. (a) A corporation that applies for licensure with the
department shall list the facilities that any member of the board of
directors, the executive director, or an officer has been licensed to
operate, been employed in, or served as a member of the board of
directors, the executive director, or an officer.
(b) The department shall not issue a provisional license or
license to any corporate applicant that has a member of the board of
directors, an executive director, or an officer who is not eligible
for licensure pursuant to subdivision (f) of Section 1568.065 and
Section 1568.093.
(c) The department may revoke the license of any corporate
licensee that has a member of the board of directors, an executive
director, or an officer who is not eligible for licensure pursuant to
subdivision (f) of Section 1568.065 and Section 1568.093.
(d) Prior to instituting an administrative action pursuant to
either subdivision (b) or (c), the department shall notify the
applicant or licensee of the person's ineligibility to be a member of
the board of directors, an executive director, or an officer of the
applicant or licensee, and shall give the applicant or licensee 15
days to remove the person from that position.
1568.05. (a) An application fee adjusted by facility and capacity,
shall be charged by the department for a license to operate a
residential care facility for persons with chronic life-threatening
illness. After initial licensure, a fee shall be charged by the
department annually, on each anniversary of the effective date of the
license. The fees are for the purpose of financing the activities
specified in this chapter. Fees shall be assessed as follows:
Fee Schedule
Initial
Capacity Application Annual
1-6 $550 $275 plus $10
per bed
7-15 $689 $344 plus $10
per bed
16-25 $825 $413 plus $10
per bed
26+ $964 $482 plus $10
per bed
(b) (1) In addition to fees set forth in subdivision (a), the
department shall charge the following fees:
(A) A fee that represents 50 percent of an established application
fee when an existing licensee moves the facility to a new physical
address.
(B) A fee that represents 50 percent of the established
application fee when a corporate licensee changes who has the
authority to select a majority of the board of directors.
(C) A fee of twenty-five dollars ($25) when an existing licensee
seeks to either increase or decrease the licensed capacity of the
facility.
(D) An orientation fee of fifty dollars ($50) for attendance by
any individual at a department-sponsored orientation session.
(E) A probation monitoring fee equal to the annual fee, in
addition to the annual fee for that category and capacity for each
year a license has been placed on probation as a result of a
stipulation or decision and order pursuant to the administrative
adjudication procedures of the Administrative Procedure Act (Chapter
4.5 (commencing with Section 11400) and Chapter 5 (commencing with
Section 11500) of Part 1 of Division 3 of Title 2 of the Government
Code).
(F) A late fee that represents an additional 50 percent of the
established annual fee when any licensee fails to pay the annual
licensing fee on or before the due date as indicated by postmark on
the payment.
(G) A fee to cover any costs incurred by the department for
processing payments including, but not limited to, bounced check
charges, charges for credit and debit transactions, and postage due
charges.
(H) A plan of correction fee of two hundred dollars ($200) when
any licensee does not implement a plan of correction on or prior to
the date specified in the plan.
(2) No local governmental entity shall impose any business
license, fee, or tax for the privilege of operating a facility
licensed under this chapter which serves six or fewer persons.
(c) All fees collected pursuant to subdivisions (a) and (b) shall
be deposited in the Technical Assistance Fund.
(d) The revenues collected from licensing fees pursuant to this
section shall be utilized by the department for the purpose of
ensuring the health and safety of all individuals provided care and
supervision by licensees and to support activities of the licensing
program, including, but not limited to, monitoring facilities for
compliance with licensing laws and regulations pursuant to this
chapter, and other administrative activities in support of the
licensing program, when appropriated for these purposes. The revenues
collected shall be used in addition to any other funds appropriated
in the Budget Act in support of the licensing program.
(e) The department shall not utilize any portion of the revenues
collected pursuant to this section sooner than 30 days after
notification in writing of the purpose and use of this revenue, as
approved by the Director of Finance, to the Chairperson of the Joint
Legislative Budget Committee, and the chairpersons of the committee
in each house that considers appropriations for each fiscal year. The
department shall submit a budget change proposal to justify any
positions or any other related support costs on an ongoing basis.
(f) Fees established pursuant to this section shall not be
effective unless licensing fees are established for all adult
residential facilities licensed by the department.
(g) A residential care facility may use a bona fide business check
to pay the license fee required under this section.
(h) The failure of an applicant for licensure or a licensee to pay
all applicable and accrued fees and civil penalties shall constitute
grounds for denial or forfeiture of a license.
1568.06. (a) Upon initial application for licensure, residential
care facilities shall be provided a printed copy of all applicable
regulations for the operation of these facilities by the department,
without charge. The department shall provide all licensees with
copies of proposed changes in regulations applicable to residential
care facilities prior to public hearings on those proposed changes,
and copies of all adopted changes in regulations applicable to
residential care facilities immediately upon their adoption.
(b) As a requirement for licensure, an applicant shall attend an
orientation given by the department which outlines the applicable
rules and regulations and the scope and responsibility for operation
of a residential care facility. The orientation shall include
information on relevant community services.
1568.061. A license shall be forfeited by operation of law prior to
its expiration date when any of the following occurs:
(a) The licensee sells or otherwise transfers the facility or the
real property on which the facility is located, except when change of
ownership applies to transferring of stock when the facility is
owned by a corporation and when the transfer of stock does not
constitute a majority change in ownership.
(b) The licensee surrenders the license to the department.
(c) The licensee moves a facility from one location to another.
The department shall develop regulations to ensure that a licensee is
not charged a full licensing fee and is not required to complete the
entire application process when applying for a license for the new
location.
(d) The licensee is convicted of an offense specified in Section
220, 243.4, or 264.1, or paragraph (1) of Section 273a, Section 273d,
288, or 289 of the Penal Code, or is convicted of another crime
specified in subdivision (c) of Section 667.5 of the Penal Code.
(e) The licensee dies. When a licensee dies, the continued
operation shall be subject to the requirements of Section 1568.064.
1568.062. (a) Upon the filing of the application for issuance of a
license and substantial compliance with this chapter and the rules
and regulations of the department adopted pursuant to this chapter,
the director shall issue to the applicant the license to operate a
residential care facility. If the director finds that the applicant
is not in compliance with this chapter or the regulations adopted
pursuant to this chapter, the director shall deny the applicant a
license.
(b) The director may issue provisional licenses to operate
residential care facilities for any facility which the director
determines is in substantial compliance with this chapter and the
rules and regulations adopted pursuant to this chapter, provided that
no life safety risks are involved, as determined by the director. In
determining whether any life safety risks are involved, the director
shall require completion of all applicable fire clearances and
criminal record clearances as otherwise required by the department's
rules and regulations. A provisional license issued pursuant to this
subdivision shall expire six months from the date of issuance, or at
an earlier time as the director may determine, and may not be
renewed. However, the director may extend the term of a provisional
license for an additional six months at the time of application, if
it is determined that more than six months will be required to
achieve full compliance with licensing standards due to circumstances
beyond the control of the applicant, and if all other requirements
for a license have been met.
1568.063. Immediately upon the denial of any application for a
license, the department shall notify the applicant in writing. Within
15 days after the department mails the notice of denial, the
applicant may present his or her written petition for a hearing to
the department. Upon receipt by the department of the petition in
proper form, the petition shall be set for hearing.
1568.064. (a) When a licensee dies, an adult relative who has
control of the property may continue operation of the facility if the
following conditions are met:
(1) The department receives notification of the death during the
next normal workday and is informed of the relative's intent to
continue operating the facility as a residential care facility for
persons with chronic, life-threatening illnesses.
(2) The relative files application, within five days of the date
of death, shows evidence satisfactory to the department that he or
she has the ability to operate the facility, submits his or her
fingerprint card, and provides evidence of the licensee's death.
(b) The department shall make a decision within 60 days after the
application is submitted on whether to issue a provisional license
pursuant to Section 1568.062. A provisional license shall be granted
only if the department is satisfied that the conditions specified in
subdivision (a) have been met and that the health and safety of the
residents of the facility will not be jeopardized.
(c) If the relative complies with subdivision (a), he or she shall
not be considered to be operating an unlicensed facility while the
department decides whether to grant the provisional license.
1568.065. (a) Proceedings for the suspension, revocation, or denial
of a license under this chapter shall be conducted in accordance
with Chapter 5 (commencing with Section 11500) of Part 1 of Division
3 of Title 2 of the Government Code, and the department shall have
all those powers granted by the provisions. In the event of conflict
between this chapter and those provisions of the Government Code,
this chapter shall prevail.
(b) In all proceedings conducted in accordance with this section,
the standard of proof to be applied shall be by the preponderance of
the evidence.
(c) If the license is not temporarily suspended pursuant to
Section 1568.082, the hearing shall be held within 90 calendar days
after receipt of the notice of defense, unless a continuance of the
hearing is granted by the department or the administrative law judge.
When the matter has been set for hearing, only the administrative
law judge may grant a continuance of the hearing. The administrative
law judge may, but need not, grant a continuance of the hearing, only
upon finding the existence of any of the following:
(1) The death or incapacitating illness of a party, a
representative or attorney of a party, a witness to an essential
fact, or of the parent, child, or member of the household of that
person, when it is not feasible to substitute another representative,
attorney, or witness because of the proximity of the hearing date.
(2) Lack of notice of hearing as provided in Section 11509 of the
Government Code.
(3) A material change in the status of the case where a change in
the parties or pleadings requires postponement, or an executed
settlement or stipulated findings of fact obviate the need for
hearing. A partial amendment of the pleadings shall not be good cause
for continuance to the extent that the unamended portion of the
pleadings is ready to be heard.
(4) A stipulation for continuance signed by all parties or their
authorized representatives, including, but not limited to, a
representative, which is communicated with the request for
continuance to the administrative law judge no later than 25 business
days before the hearing.
(5) The substitution of the representative or attorney of a party
upon showing that the substitution is required.
(6) The unavailability of a party, representative, or attorney of
a party, or witness to an essential fact due to a conflicting and
required appearance in a judicial matter if when the hearing date was
set, the person did not know and could neither anticipate nor at any
time avoid the conflict, and the conflict with request for
continuance is immediately communicated to the administrative law
judge.
(7) The unavailability of a party, a representative or attorney of
a party, or a material witness due to an unavoidable emergency.
(8) Failure by a party to comply with a timely discovery request
if the continuance request is made by the party who requested the
discovery.
(d) In addition to the witness fees and mileage provided by
Section 11450.40 of the Government Code, the department may pay
actual, necessary, and reasonable expenses in an amount not to exceed
the per diem allowance payable to a nonrepresented state employee on
travel status. The department may pay witness expenses pursuant to
this section in advance of the hearing.
(e) (1) The withdrawal of an application for a license or a
special permit after it has been filed with the department shall not
deprive the department of its authority to institute or continue a
proceeding against the applicant for the denial of the license or a
special permit upon any ground provided by law or to enter an order
denying the license or special permit upon any ground provided by
law.
(2) The suspension, expiration, or forfeiture by operation of law
of a license issued by the department, or its suspension, forfeiture,
or cancellation by order of the department or by order of a court of
law, or its surrender, shall not deprive the department of its
authority to institute or continue a disciplinary proceeding against
the licensee upon any ground provided by law or to enter an order
suspending or revoking the license or otherwise taking disciplinary
action against the licensee on any ground provided by law.
(f) (1) If an application for a license indicates, or the
department determines during the application review process, that the
applicant previously was issued a license under this chapter or
under Chapter 1 (commencing with Section 1200), Chapter 2 (commencing
with Section 1250), Chapter 3 (commencing with Section 1500),
Chapter 3.3 (commencing with Section 1569), Chapter 3.4 (commencing
with Section 1596.70), Chapter 3.5 (commencing with Section 1596.90),
or Chapter 3.6 (commencing with Section 1597.30) and the prior
license was revoked within the preceding two years, the department
shall cease any further review of the application until two years
shall have elapsed from the date of the revocation.
(2) If an application for a license or special permit indicates,
or the department determines during the application review process,
that the applicant previously was issued a certificate of approval by
a foster family agency that was revoked by the department pursuant
to subdivision (b) of Section 1534 within the preceding two years,
the department shall cease any further review of the application
until two years have elapsed from the date of the revocation.
(3) If an application for a license or special permit indicates,
or the department determines during the application review process,
that the applicant was excluded from a facility licensed by the
department pursuant to Section 1558, 1568.092, 1569.58, or 1596.8897,
the department shall cease any further review of the application
unless the excluded individual has been reinstated pursuant to
Section 11522 of the Government Code by the department.
(4) If an application for a license indicates, or the department
determines during the application review process, that the applicant
had previously applied for a license under any of the chapters listed
in paragraph (1) and the application was denied within the last
year, the department shall cease further review of the application as
follows:
(A) In cases where the applicant petitioned for a hearing, the
department shall cease further review of the application until one
year has elapsed from the effective date of the decision and order of
the department upholding a denial.
(B) In cases where the department informed the applicant of his or
her right to petition for a hearing and the applicant did not
petition for a hearing, the department shall cease further review of
the application until one year has elapsed from the date of the
notification of the denial and the right to petition for a hearing.
(C) The department may continue to review the application if it
has determined that the reasons for the denial of the application
were due to circumstances and conditions which either have been
corrected or are no longer in existence.
(5) If an application for a license or special permit indicates,
or the department determines during the application review process,
that the applicant had previously applied for a certificate of
approval with a foster family agency and the department ordered the
foster family agency to deny the application pursuant to subdivision
(b) of Section 1534, the department shall cease further review of the
application as follows:
(A) In cases where the applicant petitioned for a hearing, the
department shall cease further review of the application until one
year has elapsed from the effective date of the decision and order of
the department upholding a denial.
(B) In cases where the department informed the applicant of his or
her right to petition for a hearing and the applicant did not
petition for a hearing, the department shall cease further review of
the application until one year has elapsed from the date of the
notification of the denial and the right to petition for a hearing.
(C) The department may continue to review the application if it
has determined that the reasons for the denial of the application
were due to circumstances and conditions that either have been
corrected or are no longer in existence.
(6) The cessation of review shall not constitute a denial of the
application for purposes of Section 1568.062 or any other law.
1568.0651. (a) The administrative law judge conducting a hearing
under this article may permit the testimony of a child witness, or a
similarly vulnerable witness, including a witness who is
developmentally disabled, to be taken outside the presence of the
respondent or respondents if all of the following conditions exist:
(1) The administrative law judge determines that taking the
witness's testimony outside the presence of the respondent or
respondents is necessary to ensure truthful testimony.
(2) The witness is likely to be intimidated by the presence of the
respondent or respondents.
(3) The witness is afraid to testify in front of the respondent or
respondents.
(b) If the testimony of the witness is taken outside of the
presence of the respondent or respondents, the department shall
provide for the use of one-way closed-circuit television so the
respondent or respondents can observe the testimony of the witness.
Nothing in this section shall limit a respondent's right of
cross-examination.
(c) The administrative law judge conducting a hearing under this
section may clear the hearing room of any persons who are not a party
to the action in order to protect any witness from intimidation or
other harm, taking into account the rights of all persons.
1568.0652. (a) (1) An out-of-court statement made by a minor under
12 years of age who is the subject or victim of an allegation at
issue is admissible evidence at an administrative hearing conducted
pursuant to this article. The out-of-court statement may be used to
support a finding of fact unless an objection is timely made and the
objecting party establishes that the statement is unreliable because
it was the product of fraud, deceit, or undue influence. However, the
out-of-court statement may not be the sole basis for the finding of
fact, unless the adjudicator finds that the time, content, and
circumstances of the statement provide sufficient indicia of
reliability.
(2) The proponent of the statement shall give reasonable notice to
all parties of the intended introduction of the statement at the
hearing.
(3) For purposes of this subdivision, an objection is timely if it
identifies with reasonable specificity the disputed out-of-court
statement and it gives the proponent of the evidence a reasonable
period of time to prepare a response to the objection prior to the
hearing.
(b) This section shall not be construed to limit the right of any
party to the administrative hearing to subpoena a witness whose
statement is admitted as evidence or to introduce admissible evidence
relevant to the weight of the hearsay evidence or the credibility of
the hearsay declarant.
1568.067. (a) No license issued pursuant to this chapter shall have
any property value for sale or exchange purposes and no person,
including any owner, agent, or broker, shall sell or exchange any
license for any commercial purpose.
(b) (1) Each residential care facility licensed under this chapter
shall reveal its license number in all advertisements, publications,
or announcements made with the intent to attract clients or
residents.
(2) Advertisements, publications, or announcements subject to the
requirements of paragraph (1) shall include, but not be limited to,
those contained in a newspaper or magazine, consumer report,
announcement of intent to commence business, telephone directory
yellow pages, professional or service directory, or radio or
television commercial.
1568.068. (a) Notwithstanding Section 1568.061, in the event of a
sale of a licensed residential care for persons with chronic,
life-threatening illness facility where the sale will result in a new
license being issued, the sale and transfer of property and business
shall be subject to both of the following:
(1) The licensee shall provide written notice to the department
and to each resident or his or her legal representative of the
licensee's intent to sell the facility at least 60 days prior to the
transfer of property or business, or at the time that a bona fide
offer is made, whichever period is longer.
(2) The licensee shall, prior to entering into an admission
agreement, inform all residents, or their legal representatives,
admitted to the facility after notification to the department, of the
licensee's intent to sell the property or business.
(b) Except as provided in subdivision (e), the property and
business shall not be transferred until the buyer qualifies for a
license or provisional license pursuant to this chapter.
(1) The seller shall notify, in writing, a prospective buyer of
the necessity to obtain a license, as required by this chapter, if
the buyer's intent is to continue operating the facility as a
residential care facility for the chronically ill. The seller shall
send a copy of this written notice to the licensing agency.
(2) The prospective buyer shall submit an application for a
license, as specified in Section 1568.04, within five days of the
acceptance of the offer by the seller.
(c) No transfer of the property or business shall be permitted
until 60 days have elapsed from the date when notice has been
provided to the department pursuant to paragraph (1) of subdivision
(a).
(d) The department shall give priority to applications for
licensure that are submitted pursuant to this section in order to
ensure timely transfer of the property and business. The department
shall make a decision within 60 days after a complete application is
submitted on whether to issue a license pursuant to Section 1568.04.
(e) If the parties involved in the transfer of the property and
business fully comply with this section, then the transfer may be
completed and the buyer shall not be considered to be operating an
unlicensed facility while the department makes a final determination
on the application for licensure.
1568.07. (a) (1) Within 90 days after a facility accepts its first
resident for placement following its initial licensure, the
department shall inspect the facility to evaluate compliance with
rules and regulations and to assess the facility's continuing ability
to meet regulatory requirements. The licensee shall notify the
department, within five business days after accepting its first
resident for placement, that the facility has commenced operating.
(2) The department may take appropriate remedial action as
provided for in this chapter.
(b) (1) Every licensed residential care facility shall be
periodically inspected and evaluated for quality of care by a
representative or representatives designated by the director.
Evaluations shall be conducted at least annually and as often as
necessary to ensure the quality of care being provided.
(2) During each licensing inspection the department shall
determine if the facility meets regulatory standards, including, but
not limited to, providing residents with the appropriate level of
care based on the facility's license, providing adequate staffing and
services, updated resident records and assessments, and compliance
with basic health and safety standards.
(3) If the department determines that a resident requires a higher
level of care than the facility is authorized to provide, the
department may initiate a professional level of care assessment by an
assessor approved by the department. An assessment shall be
conducted in consultation with the resident, the resident's physician
and surgeon, and the resident's case manager, and shall reflect the
desires of the resident, the resident's physician and surgeon, and
the resident's case manager. The assessment also shall recognize that
certain illnesses are episodic in nature and that the resident's
need for a higher level of care may be temporary.
(4) The department shall notify the residential care facility in
writing of all deficiencies in its compliance with this chapter and
the rules and regulations adopted pursuant to this chapter, and shall
set a reasonable length of time for compliance by the facility.
(5) Reports on the results of each inspection, evaluation, or
consultation shall be kept on file in the department, and all
inspection reports, consultation reports, lists of deficiencies, and
plans of correction shall be open to public inspection.
(c) Any duly authorized officer, employee, or agent of the
department may, upon presentation of proper identification, enter and
inspect any place providing personal care, supervision, and
services, at any time, with or without advance notice, to secure
compliance with, or to prevent a violation of, this chapter.
(d) No licensee shall discriminate or retaliate in any manner
against any person receiving the services of the facility of the
licensee, or against any employee of the facility, on the basis, or
for the reason, that a person or employee or any other person has
initiated or participated in an inspection pursuant to Section
1568.071.
(e) Any person who, without lawful authorization from a duly
authorized officer, employee, or agent of the department, informs an
owner, operator, employee, agent, or resident of a residential care
facility, of an impending or proposed inspection or evaluation of
that facility by personnel of the department, is guilty of a
misdemeanor and upon conviction thereof shall be punished by a fine
not to exceed one thousand dollars ($1,000), by imprisonment in the
county jail for a period not to exceed 180 days, or by both a fine
and imprisonment.
1568.071. (a) Any person may request an inspection of any
residential care facility in accordance with this chapter by
transmitting to the department notice of an alleged violation of
applicable requirements prescribed by statutes or regulations of this
state.
(b) The substance of the complaint shall be provided to the
licensee no earlier than at the time of the inspection. Unless the
complainant specifically requests otherwise, neither the substance of
the complaint provided the licensee nor any copy of the complaint or
any record published, released, or otherwise made available to the
licensee shall disclose the name of any person mentioned in the
complaint except the name of any duly authorized officer, employee,
or agent of the department conducting the investigation or inspection
pursuant to this chapter.
(c) Upon receipt of a complaint, other than a complaint alleging
denial of a statutory right of access to a residential care facility,
the department shall make a preliminary review and, unless the
department determines that the complaint is willfully intended to
harass a licensee or is without any reasonable basis, it shall make
an onsite inspection within 10 days after receiving the complaint
except where the visit would adversely affect the licensing
investigation or the investigation of other agencies, including, but
not limited to, law enforcement agencies. In either event, the
complainant shall be promptly informed of the department's proposed
course of action.
(d) Upon receipt of a complaint alleging denial of a statutory
right of access to a residential facility, the department shall
review the complaint. The complainant shall be notified promptly of
the department's proposed course of action.
1568.0715. (a) The department shall ensure that the licensee's plan
of correction is verifiable and measurable. The plan of correction
shall specify what evidence is acceptable to establish that a
deficiency has been corrected. This evidence shall be included in the
department's facility file.
(b) The department shall specify in its licensing report all
violations that, if not corrected, will have a direct and immediate
risk to the health, safety, or personal rights of residents in care.
(c) The department shall complete all complaint investigations and
place a note of final conclusion in the department's facility file,
regardless of whether the licensee voluntarily surrendered the
license.
1568.072. (a) The department shall adopt, amend, and repeal, in
accordance with Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code, any reasonable
rules, regulations, and standards as may be necessary or proper to
carry out the purposes and intent of this chapter and to enable the
department to exercise the powers and perform the duties conferred
upon it by this chapter, not inconsistent with state law.
(b) Regulations for a license shall prescribe standards of safety
and sanitation, for the physical plant, as well as for the basic care
and supervision, personal care, and services to be provided by a
facility.
(c) Regulations shall specify the application and licensing
process, the range of services, alternative methods for providing
those services, the appraisal and assessment process, and facility
staffing and training requirements.
(d) Regulations shall allow for the development of new and
innovative community programs.
1568.073. (a) (1) The department may order the licensee to remove a
resident who has a health condition which cannot be cared for within
the limits of the license or requires inpatient care in a health
facility as determined by the department pursuant to Section 1568.07.
(2) When the department determines that the resident's mental or
physical condition requires immediate transfer from the facility in
order to protect the health and safety of the resident, the
department may order the licensee to remove the resident after the
department consults with a physician or other medical professional
about the transfer and ways in which transfer trauma can be
minimized.
(b) (1) When the department determines that a resident has a
health condition which cannot be cared for within the limits of the
license or requires inpatient care in a health facility, the
department shall give notice to the resident, his or her legal
representative when appropriate, his or her physician when
applicable, his or her case manager when applicable, and the
licensee. The notice shall specify a deadline for submitting a
written plan for relocation and inform the resident of his or her
right for a review and determination. The resident, or his or her
legal representative, shall have three working days to inform the
licensee of the request for review. The licensee shall forward the
request to the department within two working days of receipt. Failure
or refusal by the licensee to submit the request to the department
may subject the licensee to the civil penalties as specified in
Section 1568.0822. The department shall not refuse to consider the
request if the licensee fails or refuses to submit the request to the
department.
(2) The review and determination shall be completed within 30 days
from the date that the resident was initially informed of the need
to relocate. If the determination is made that the resident must
relocate, the notice shall include a plan for transfer including ways
to minimize transfer trauma for the resident.
(3) The department may require the licensee to prepare and submit
to the department a written plan for relocation, to comply with the
terms and conditions of the approved plan, and to provide other
information as necessary for the enforcement of this section.
(c) The provisions allowing for a resident's right to a review
prior to transfer as provided in subdivision (b) neither negates the
department's authority and responsibility to require an immediate
transfer according to paragraph (2) of subdivision (a) when the
department finds and provides evidence that the resident must be
relocated in order to protect the health and safety of the resident,
nor implies any right to a fair hearing pursuant to Chapter 7
(commencing with Section 10950) of Part 2 of Division 9 of the
Welfare and Institutions Code.
(d) The department shall specify by regulation the process for
making relocation decisions and for appealing and reviewing those
decisions pursuant to this section.
1568.075. On and after January 1, 1999, no security window bars may
be installed or maintained on any residential care facility unless
the security window bars meet current state and local requirements,
as applicable, for security window bars and safety release devices.
1568.08. Each facility required to be licensed under this chapter
shall keep a current record of all of the following:
(a) Residents in the facility, including each resident's name and
ambulatory status.
(b) The name and telephone number of each resident's physician and
surgeon.
(c) The name, address, and telephone number of any person or
agency responsible for the care of a resident.
(d) Updated resident file records, including, but not limited to,
the current physician and surgeon report, residential appraisal,
level of services required and documentation of any health related
services provided to residents.
The facility shall respect the privacy and confidentiality of this
information.
1568.081. (a) A placement agency shall place individuals only in
licensed residential care facilities or facilities which are exempt
from licensure under subdivision (c) of Section 1568.03.
(b) No employee of a placement agency shall place, refer, or
recommend placement of a person in a facility operating without a
license, unless the facility is exempt from licensure under
subdivision (c) of Section 1568.03. Violation of this subdivision is
a misdemeanor.
(c) Any employee of a placement agency who knows, or reasonably
suspects that a facility, which is not exempt from licensure under
this chapter, is operating without a license shall report the name
and address of the facility to the department. Failure to report as
required by this subdivision is a misdemeanor.
(d) The department shall investigate any report filed under
subdivision (c). If the department has probable cause to believe that
the facility which is the subject of the report is operating without
a license, the department shall investigate the facility within 10
days after receipt of the report.
(e) A placement agency shall notify the department of any known or
suspected incidents which would jeopardize the health or safety of
residents in a residential care facility. Reportable incidents
include, but are not limited to, all of the following:
(1) Incidents of physical abuse.
(2) Any violation of personal rights.
(3) Any situation in which a facility is unclean, unsafe,
unsanitary, or in poor condition.
(4) Any situation in which a facility has insufficient personnel
or incompetent personnel on duty.
(5) Any situation in which residents experience mental or verbal
abuse.
(6) Any situation in which a facility is suspected of accepting or
retaining residents who require a higher level of care than the
facility is authorized to provide.
1568.082. (a) The department may suspend or revoke any license
issued under this chapter upon any of the following grounds and in
the manner provided in this chapter:
(1) Violation by the licensee of this chapter or of the rules and
regulations adopted pursuant to this chapter.
(2) Aiding, abetting, or permitting the violation of this chapter
or of the rules and regulations adopted pursuant to this chapter.
(3) Conduct which is inimical to the health, welfare, or safety of
either an individual in or receiving services from the facility or
the people of the State of California.
(4) The provision of services beyond the level the facility is
authorized to provide, or accepting or retaining residents who
require services of a higher level than the facility is authorized to
provide.
(5) Engaging in acts of financial malfeasance concerning the
operation of a facility, including, but not limited to, improper use
or embezzlement of client moneys and property or fraudulent
appropriation for personal gain of facility moneys and property, or
willful or negligent failure to provide services.
(b) The director may temporarily suspend any license, prior to any
hearing when, in the opinion of the director, the action is
necessary to protect residents of the facility from physical or
mental abuse, abandonment, or any other substantial threat to health
or safety. The director shall notify the licensee of the temporary
suspension and the effective date of the temporary suspension, and at
the same time shall serve the provider with an accusation. Upon
receipt of a notice of defense to the accusation by the licensee, the
director shall, within 15 days, set the matter for hearing, and the
hearing shall be held as soon as possible, but not later than 30 days
after receipt of the notice. The temporary suspension shall remain
in effect until the time the hearing is completed and the director
has made a final determination on the merits. However, the temporary
suspension shall be deemed vacated if the director fails to make a
final determination on the merits within 30 days after the original
hearing has been completed.
(c) In any case where the department orders the licensee to remove
a resident who has a health condition or health conditions which
cannot be cared for within the limits of the license or special
permit or requires inpatient care in a health facility licensed
pursuant to Chapter 2 (commencing with Section 1250), the licensee
shall do all of the following:
(1) Prepare and submit to the department a written plan for
relocation of the client or resident, in a form acceptable to the
department.
(2) Comply with all terms and conditions of the approved
relocation plan.
(3) Provide any other information as may be required by the
department for the proper administration and enforcement of this
section.
1568.0821. (a) Notwithstanding any other provision of this chapter,
any person who violates Section 1568.03 shall be assessed by the
department an immediate civil penalty in the amount of one hundred
dollars ($100) per resident for each day of the violation.
(b) The civil penalty authorized in subdivision (a) shall be two
hundred dollars ($200) per resident for each day of the violation if
an unlicensed facility is operated and the operator refuses to seek
licensure or the operator seeks licensure and the license application
is denied and the operator continues to operate the unlicensed
facility.
(c) An operator may appeal the assessment to the director. The
department shall adopt regulations setting forth the appeal
procedure.
1568.0822. (a) In addition to the suspension, temporary suspension,
or revocation of a license issued under this chapter, the department
may levy a civil penalty. The department shall adopt regulations
setting forth the appeal procedures for deficiencies.
(b) The amount of the civil penalty shall not be less than
twenty-five dollars ($25) or more than fifty dollars ($50) per day
for each violation of this chapter, except where the nature or
seriousness of the violation or the frequency of the violation
warrants a higher penalty or an immediate civil penalty assessment,
or both, as determined by the department. In no event shall a civil
penalty assessment exceed one hundred fifty dollars ($150) per day
per violation.
(c) Notwithstanding Section 1568.07, the department shall assess
an immediate civil penalty of one hundred fifty dollars ($150) per
day per violation for any of the following serious violations:
(1) (A) Fire clearance violations, including, but not limited to,
overcapacity, ambulatory status, inoperable smoke alarms, and
inoperable fire alarm systems. The civil penalty shall not be
assessed if the licensee has done either of the following:
(i) Requested the appropriate fire clearance based on ambulatory,
nonambulatory, or bedridden status, and the decision is pending.
(ii) Initiated eviction proceedings.
(B) A licensee denied a clearance for bedridden residents may
appeal to the fire authority, and, if that appeal is denied, may
subsequently appeal to the Office of the State Fire Marshal, and
shall not be assessed an immediate civil penalty until the final
appeal is decided, or after 60 days has passed from the date of the
citation, whichever is earlier.
(2) Absence of supervision, as required by statute and regulation.
(3) Accessible bodies of water, when prohibited in this chapter or
regulations adopted pursuant to this chapter.
(4) Accessible firearms, ammunition, or both.
(5) Refused entry to a facility or any part of a facility in
violation of Section 1568.07 or 1568.071.
(6) The presence of an excluded person on the premises.
(d) Notwithstanding Section 1568.07, any residential care facility
that is cited for repeating the same violation of this chapter
within 12 months of the first violation is subject to an immediate
civil penalty of one hundred fifty dollars ($150) and fifty dollars
($50) for each day the violation continues until the deficiency is
corrected.
(e) Any residential care facility that is assessed a civil penalty
pursuant to subdivision (d) which repeats the same violation of this
chapter within 12 months of the violation subject to subdivision (d)
shall be assessed an immediate civil penalty of one thousand dollars
($1,000) and one hundred dollars ($100) for each day the violation
continues until the deficiency is corrected, provided that the
violation is a serious violation.
(f) The department shall adopt regulations implementing this
section.
1568.0823. (a) Any person who violates this chapter, or who
willfully or repeatedly violates any rule or regulation adopted under
this chapter, is guilty of a misdemeanor and upon conviction thereof
shall be punished by a fine not to exceed one thousand dollars
($1,000), or by imprisonment in the county jail for a period not to
exceed 180 days, or by both fine and imprisonment.
(b) Operation of a residential care facility without a license
shall be subject to a summons to appear in court.
(c) Notwithstanding any other provision of this chapter, the
district attorney of every county, and the city attorneys in those
cities which have city attorneys who have jurisdiction to prosecute
misdemeanors pursuant to Section 72193 of the Government Code, shall,
upon their own initiative or upon application by the department or
its authorized representative, institute and conduct the prosecution
of any action for violation within his or her county of this chapter.
1568.0823. Any person who, without lawful authorization from a duly
authorized officer, employee, or agent of the department, informs an
owner, operator, employee, agent, or resident of a residential care
facility for persons with a chronic, life-threatening illness of an
impending and unannounced site visit to that facility by personnel of
the department, is guilty of a misdemeanor and upon conviction
thereof shall be punished by a fine not to exceed one thousand
dollars ($1,000), by imprisonment in the county jail for a period not
to exceed 180 days, or by both a fine and imprisonment.
1568.0825. (a) The department shall conduct an unannounced visit to
a facility within 30 days after the effective date of a temporary
suspension of a license in order to ensure that the facility is
nonoperational, unless the department previously has verified that
the facility is nonoperational.
(b) The department shall conduct an unannounced visit to a
facility within 30 days after the effective date of a revocation of a
license in order to ensure that the facility is nonoperational,
unless the department previously has verified that the facility is
nonoperational.
1568.083. (a) The department, State Fire Marshal, or local fire
officials shall not make a de facto determination of a resident's
ambulatory or nonambulatory status based on a resident's placement in
the facility. Interpretation of regulations related to fire safety
in residential care facilities shall be made to provide flexibility
to allow residents to remain in the least restrictive environment.
(b) This chapter shall not preempt the application of any local
zoning requirements to residential car
1568.01. For purposes of this chapter, the following definitions
shall apply:
(a) "Activities of daily living" means housework, meals, laundry,
taking medication, money management, appropriate transportation,
correspondence, telephoning, dressing, feeding, toileting, bathing,
grooming, mobility, and related tasks.
(b) "Care and supervision" means ongoing assistance with
activities of daily living without which a resident's physical
health, mental health, safety, or welfare would be endangered.
(c) "Chronic, life-threatening illness" means HIV disease or AIDS.
(d) "Department" means the State Department of Social Services.
(e) "Director" means the Director of Social Services.
(f) "Family dwelling" includes, but is not limited to,
single-family dwellings, units in multifamily dwellings, including
units in duplexes and units in apartment dwellings, mobilehomes,
including mobilehomes located in mobilehome parks, units in
cooperatives, units in condominiums, units in townhouses, and units
in planned unit developments.
(g) "Family unit" means at least one parent or guardian and one or
more of that parent or guardian's children. For purposes of this
chapter, each family unit shall include at least one adult with HIV
disease or AIDS, at least one child with HIV or AIDS, or both.
(h) "Fund" means the Residential Care Facilities for Persons with
Chronic Life-Threatening Illness Fund created by subdivision (c) of
Section 1568.05.
(i) "Placement agency" means any state agency, county agency, or
private agency which receives public funds, in part, to identify
housing options for persons with chronic, life-threatening illness
and refers these persons to housing.
(j) "Residential care facility" means a residential care facility
for persons with chronic, life-threatening illness who are 18 years
of age or older or are emancipated minors, and for family units.
(k) "Six or fewer persons" does not include the licensee or
members of the licensee's family or persons employed as facility
staff.
(l) "Terminal disease" or "terminal illness" means a medical
condition resulting from a prognosis of a life expectancy of one year
or less, if the disease follows its normal course.
1568.02. (a) (1) The department shall license residential care
facilities for persons with chronic, life-threatening illness under a
separate category.
(2) A residential care facility for persons with chronic,
life-threatening illness may allow a person who has been diagnosed by
his or her physician or surgeon as terminally ill, as defined in
subdivision (l) of Section 1568.01, to become a resident of the
facility if the person receives hospice services from a hospice
certified in accordance with federal Medicare conditions of
participation and is licensed pursuant to Chapter 8 (commencing with
Section 1725) or Chapter 8.5 (commencing with Section 1745).
(b) The licensee of every facility required to be licensed
pursuant to this chapter shall provide the following basic services
for each resident:
(1) Room and board. No more than two residents shall share a
bedroom, except that the director, in his or her discretion, may
waive this limitation.
(2) Access to adequate common areas, including recreation areas
and shared kitchen space with adequate refrigerator space for the
storage of medications.
(3) Consultation with a nutritionist, including consultation on
cultural dietary needs.
(4) Personal care services, as needed, including, but not limited
to, activities of daily living. A facility may have a written
agreement with another agency to provide personal care services,
except that the facility shall be responsible for meeting the
personal care needs of each resident.
(5) Access to case management for social services. A facility may
have a written agreement with another agency to provide case
management.
(6) Development, implementation, and monitoring of an individual
services plan. All health services components of the plan shall be
developed and monitored in coordination with the home health agency
or hospice agency and shall reflect the elements of the resident's
plan of treatment developed by the home health agency or hospice
agency.
(7) Intake and discharge procedures, including referral to
outplacement resources.
(8) Access to psychosocial support services.
(9) Access to community-based and county services system.
(10) Access to a social and emotional support network of the
resident's own choosing, within the context of reasonable visitation
rules established by the facility.
(11) Access to intermittent home health care services in
accordance with paragraph (1) of subdivision (c).
(12) Access to substance abuse services in accordance with
paragraph (3) of subdivision (c).
(13) Adequate securable storage space for personal items.
(c) The licensee of every facility required to be licensed
pursuant to this chapter shall demonstrate, at the time of
application, all of the following:
(1) Written agreement with a licensed home health agency or
hospice agency. Resident information may be shared between the home
health agency or hospice agency and the residential care facility for
persons with chronic, life-threatening illness relative to the
resident's medical condition and the care and treatment provided to
the resident by the home health agency or hospice agency, including,
but not limited to, medical information, as defined by the
Confidentiality of Medical Information Act, Part 2.6 (commencing with
Section 56) of Division 1 of the Civil Code. Any regulations,
policies, or procedures related to sharing resident information and
development of protocols, established by the department pursuant to
this section, shall be developed in consultation with the State
Department of Health Services and persons representing home health
agencies, hospice agencies, and residential care facilities for
persons with chronic, life-threatening illness.
(2) Written agreement with a psychosocial services agency, unless
the services are provided by the facility's professional staff.
(3) Written agreement with a substance abuse agency, unless the
services are provided by the facility's professional staff.
(4) Ability to provide linguistic services for residents who do
not speak English.
(5) Ability to provide culturally appropriate services.
(6) Ability to reasonably accommodate residents with physical
disabilities, including, but not limited to, residents with motor
impairments, physical access to areas of the facility utilized by
residents, and access to interpreters for hearing-impaired residents.
(7) Written nondiscrimination policy which shall be posted in a
conspicuous place in the facility.
(8) Written policy on drug and alcohol use, including, but not
limited to, a prohibition on the use of illegal substances.
(d) Any facility licensed pursuant to this chapter which intends
to serve a specific population, such as women, family units, minority
and ethnic populations, or homosexual men or women, shall
demonstrate, at the time of application, the ability and resources to
provide services that are appropriate to the targeted population.
(e) No facility licensed pursuant to this chapter shall house more
than 25 residents, except that the director may authorize a facility
to house up to 50 residents.
(f) If the administrator is responsible for more than two
facilities, the facility manager shall meet the qualifications of
both the administrator and the facility manager, as described in
Sections 87864 and 87864.1 of Title 22 of the California Code of
Regulations.
(g) Each licensee shall employ additional personnel as necessary
to meet the needs of the residents and comply with the requirements
of this chapter and the regulations adopted by the department
pursuant to this chapter. On-call personnel shall be able to be on
the facility premises within 30 minutes of the receipt of a telephone
call.
1568.021. (a) If the applicant for a license for a residential care
facility handles or will handle any money of a resident of the
facility, the applicant or licensee shall file or have on file with
the department a bond issued by a surety company admitted to do
business in this state in a sum to be fixed by the department based
upon the magnitude of the operations of the applicant or licensee,
but which sum shall not be less than one thousand dollars ($1,000),
running to the State of California and conditioned upon his or her
faithful and honest handling of the money of residents of the
facility.
(b) The failure of any licensee under this chapter to maintain on
file with the department a bond in the amount prescribed by the
department or the embezzlement by a licensee of trust funds of a
resident of the facility shall constitute cause for the revocation of
the license.
(c) This section shall not apply if the licensee handles moneys of
residents of the facility in amounts less than fifty dollars ($50)
per person and less than five hundred dollars ($500) for all persons
in any month.
(d) The director may grant a partial or total variance from the
requirements of this section if the director finds that compliance
with them is so onerous that a residential care facility will cease
to operate, and if the director also finds that money of the
residents received or cared for in the facility has been, or will be,
deposited in a bank in this state, in a trust company authorized to
transact a trust business in this state, or in a savings and loan
association in this state, upon condition that the money may not be
withdrawn except on authorization of the person or a representative
who is legally authorized to make financial decisions on behalf of
the person.
1568.03. (a) No person, firm, partnership, association, or
corporation within the state and no state or local public agency
shall operate, establish, manage, conduct, or maintain a residential
care facility in this state without first obtaining and maintaining a
valid license therefor, as provided in this chapter.
(b) A facility may accept or retain residents requiring varying
levels of care. However, a facility shall not accept or retain
residents who require a higher level of care than the facility is
authorized to provide. Persons who require 24-hour skilled nursing
intervention shall not be appropriate for a residential care
facility.
(c) This chapter shall not apply to the following:
(1) Any health facility, as defined in Section 1250.
(2) Any clinic, as defined in Section 1200.
(3) Any arrangement for the receiving and care of persons with
chronic, life-threatening illness by a relative, guardian or
conservator, significant other, or close friend; or any arrangement
for the receiving and care of persons with chronic, life-threatening
illness from only one family as respite for the relative, guardian or
conservator, significant other, or close friend, if the arrangement
is not for financial profit and occurs only occasionally and
irregularly, as defined by regulations of the department.
(4) (A) Any house, institution, hotel, foster home, shared housing
project, or other similar facility that is limited to providing any
of the following: housing, meals, transportation, housekeeping,
recreational and social activities, the enforcement of house rules,
counseling on activities of daily living, and service referrals, as
long as both of the following conditions are met:
(i) After any referral, all residents thereof independently obtain
care and supervision and medical services without the assistance of
the facility or of any person or entity with an organizational or
financial connection with that facility.
(ii) No resident thereof has an unmet need for care and
supervision or protective supervision. A memorandum of understanding
between the facility and any service agency to which it refers
residents does not necessarily itself constitute an agreement for
care and supervision of the resident.
(B) In determining the applicability of this paragraph, the
department shall determine the residents' need for care and
supervision, if any, and shall identify the persons or entities
providing or assisting in the provision of care and supervision. This
paragraph shall apply only if the department determines that the
care and supervision needs of all residents are being independently
met.
(5) (A) (i) Any housing occupied by elderly or disabled persons,
or both, that is approved and operated pursuant to Section 202 of
Public Law 86-372 (12 U.S.C. Sec. 1701q), or Section 811 of Public
Law 101-625 (42 U.S.C. Sec. 8013), or whose mortgage is insured
pursuant to Section 236 of Public Law 90-448 (12 U.S.C. Sec. 1715z),
or that receives mortgage assistance pursuant to Section 221d (3) of
Public Law 87-70 (12 U.S.C. Sec. 1751l), where supportive services
are made available to residents at their option, as long as the
project owner or operator does not contract for or provide the
supportive services.
(ii) Any housing that qualifies for a low-income housing credit
pursuant to Section 252 of Public Law 99-514 (26 U.S.C. Sec. 42) or
that is subject to the requirements for rental dwellings for
low-income families pursuant to Section 8 of Public Law 93-383 (42
U.S.C. Sec. 1437f), and that is occupied by elderly or disabled
persons, or both, where supportive services are made available to
residents at their option, as long as the project owner or operator
does not contract for or provide the supportive services.
(B) The project owner or operator to which subparagraph (A)
applies may coordinate, or help residents gain access to, the
supportive services, either directly or through a service
coordinator.
(6) Any similar facility determined by the director.
(d) A holder of a residential care facility license may hold or
obtain an additional license or a child day care facility license, as
long as the services required by each license are provided at
separate locations or distinctly separate sections of the building.
(e) The director may bring an action to enjoin the violation or
threatened violation of this section in the superior court in and for
the county in which the violation occurred or is about to occur. Any
proceeding under this section shall conform to the requirements of
Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the
Code of Civil Procedure, except that the director shall not be
required to allege facts necessary to show or tending to show lack of
adequate remedy at law or irreparable damage or loss. The court
shall, if it finds the allegations to be true, issue its order
enjoining continuance of the violation.
1568.04. Any person desiring issuance of a license for a
residential care facility under this chapter shall file with the
department, pursuant to regulations adopted by the department, an
application. The application shall be provided on a form furnished by
the department, and shall include, but not be limited to, all of the
following:
(a) Evidence satisfactory to the department of all of the
following:
(1) The ability of the applicant to comply with this chapter and
of rules and regulations adopted pursuant to this chapter by the
department.
(2) The applicant has sufficient financial resources to maintain
the standards of service required by regulations adopted pursuant to
this chapter.
(3) Following the department's adoption of regulations specifying
the levels of care to be provided under this chapter, the applicant's
ability to meet regulatory requirements for the level of care the
facility intends to provide.
(4) Compliance or ability to comply with Section 1568.02.
(b) Disclosure of the applicant's prior or present service as an
administrator, general partner, corporate officer or director of, or
as a person who has held or holds a beneficial ownership of 10
percent or more in, any residential care facility or in any clinic or
facility licensed pursuant to Chapter 1 (commencing with Section
1200), Chapter 2 (commencing with Section 1250), or Chapter 3
(commencing with Section 1500).
(c) Disclosure of any revocation or other disciplinary action
taken, or in the process of being taken, against a license held or
previously held by the entities specified in subdivision (b).
(d) Any other information as may be required by the department for
the proper administration and enforcement of this chapter.
(e) A signed statement that the person desiring issuance of a
license has read this chapter and the regulations adopted pursuant to
this chapter and understands the statute and regulations applicable
to a residential care facility.
1568.041. (a) The department shall designate at least one person in
each region to be responsible for all activities pertaining to
license application as well as prescribed monitoring of licensees. In
those regions which have a concentration of licensees, the
department shall make every effort to identify at least one person in
each district office whose sole responsibility will be for
facilities licensed pursuant to this chapter.
(b) The department shall ensure that those personnel identified in
subdivision (a) receive periodic training regarding the most recent
developments in the HIV epidemic and the care and supervision of
people with HIV disease.
1568.042. (a) A corporation that applies for licensure with the
department shall list the facilities that any member of the board of
directors, the executive director, or an officer has been licensed to
operate, been employed in, or served as a member of the board of
directors, the executive director, or an officer.
(b) The department shall not issue a provisional license or
license to any corporate applicant that has a member of the board of
directors, an executive director, or an officer who is not eligible
for licensure pursuant to subdivision (f) of Section 1568.065 and
Section 1568.093.
(c) The department may revoke the license of any corporate
licensee that has a member of the board of directors, an executive
director, or an officer who is not eligible for licensure pursuant to
subdivision (f) of Section 1568.065 and Section 1568.093.
(d) Prior to instituting an administrative action pursuant to
either subdivision (b) or (c), the department shall notify the
applicant or licensee of the person's ineligibility to be a member of
the board of directors, an executive director, or an officer of the
applicant or licensee, and shall give the applicant or licensee 15
days to remove the person from that position.
1568.05. (a) An application fee adjusted by facility and capacity,
shall be charged by the department for a license to operate a
residential care facility for persons with chronic life-threatening
illness. After initial licensure, a fee shall be charged by the
department annually, on each anniversary of the effective date of the
license. The fees are for the purpose of financing the activities
specified in this chapter. Fees shall be assessed as follows:
Fee Schedule
Initial
Capacity Application Annual
1-6 $550 $275 plus $10
per bed
7-15 $689 $344 plus $10
per bed
16-25 $825 $413 plus $10
per bed
26+ $964 $482 plus $10
per bed
(b) (1) In addition to fees set forth in subdivision (a), the
department shall charge the following fees:
(A) A fee that represents 50 percent of an established application
fee when an existing licensee moves the facility to a new physical
address.
(B) A fee that represents 50 percent of the established
application fee when a corporate licensee changes who has the
authority to select a majority of the board of directors.
(C) A fee of twenty-five dollars ($25) when an existing licensee
seeks to either increase or decrease the licensed capacity of the
facility.
(D) An orientation fee of fifty dollars ($50) for attendance by
any individual at a department-sponsored orientation session.
(E) A probation monitoring fee equal to the annual fee, in
addition to the annual fee for that category and capacity for each
year a license has been placed on probation as a result of a
stipulation or decision and order pursuant to the administrative
adjudication procedures of the Administrative Procedure Act (Chapter
4.5 (commencing with Section 11400) and Chapter 5 (commencing with
Section 11500) of Part 1 of Division 3 of Title 2 of the Government
Code).
(F) A late fee that represents an additional 50 percent of the
established annual fee when any licensee fails to pay the annual
licensing fee on or before the due date as indicated by postmark on
the payment.
(G) A fee to cover any costs incurred by the department for
processing payments including, but not limited to, bounced check
charges, charges for credit and debit transactions, and postage due
charges.
(H) A plan of correction fee of two hundred dollars ($200) when
any licensee does not implement a plan of correction on or prior to
the date specified in the plan.
(2) No local governmental entity shall impose any business
license, fee, or tax for the privilege of operating a facility
licensed under this chapter which serves six or fewer persons.
(c) All fees collected pursuant to subdivisions (a) and (b) shall
be deposited in the Technical Assistance Fund.
(d) The revenues collected from licensing fees pursuant to this
section shall be utilized by the department for the purpose of
ensuring the health and safety of all individuals provided care and
supervision by licensees and to support activities of the licensing
program, including, but not limited to, monitoring facilities for
compliance with licensing laws and regulations pursuant to this
chapter, and other administrative activities in support of the
licensing program, when appropriated for these purposes. The revenues
collected shall be used in addition to any other funds appropriated
in the Budget Act in support of the licensing program.
(e) The department shall not utilize any portion of the revenues
collected pursuant to this section sooner than 30 days after
notification in writing of the purpose and use of this revenue, as
approved by the Director of Finance, to the Chairperson of the Joint
Legislative Budget Committee, and the chairpersons of the committee
in each house that considers appropriations for each fiscal year. The
department shall submit a budget change proposal to justify any
positions or any other related support costs on an ongoing basis.
(f) Fees established pursuant to this section shall not be
effective unless licensing fees are established for all adult
residential facilities licensed by the department.
(g) A residential care facility may use a bona fide business check
to pay the license fee required under this section.
(h) The failure of an applicant for licensure or a licensee to pay
all applicable and accrued fees and civil penalties shall constitute
grounds for denial or forfeiture of a license.
1568.06. (a) Upon initial application for licensure, residential
care facilities shall be provided a printed copy of all applicable
regulations for the operation of these facilities by the department,
without charge. The department shall provide all licensees with
copies of proposed changes in regulations applicable to residential
care facilities prior to public hearings on those proposed changes,
and copies of all adopted changes in regulations applicable to
residential care facilities immediately upon their adoption.
(b) As a requirement for licensure, an applicant shall attend an
orientation given by the department which outlines the applicable
rules and regulations and the scope and responsibility for operation
of a residential care facility. The orientation shall include
information on relevant community services.
1568.061. A license shall be forfeited by operation of law prior to
its expiration date when any of the following occurs:
(a) The licensee sells or otherwise transfers the facility or the
real property on which the facility is located, except when change of
ownership applies to transferring of stock when the facility is
owned by a corporation and when the transfer of stock does not
constitute a majority change in ownership.
(b) The licensee surrenders the license to the department.
(c) The licensee moves a facility from one location to another.
The department shall develop regulations to ensure that a licensee is
not charged a full licensing fee and is not required to complete the
entire application process when applying for a license for the new
location.
(d) The licensee is convicted of an offense specified in Section
220, 243.4, or 264.1, or paragraph (1) of Section 273a, Section 273d,
288, or 289 of the Penal Code, or is convicted of another crime
specified in subdivision (c) of Section 667.5 of the Penal Code.
(e) The licensee dies. When a licensee dies, the continued
operation shall be subject to the requirements of Section 1568.064.
1568.062. (a) Upon the filing of the application for issuance of a
license and substantial compliance with this chapter and the rules
and regulations of the department adopted pursuant to this chapter,
the director shall issue to the applicant the license to operate a
residential care facility. If the director finds that the applicant
is not in compliance with this chapter or the regulations adopted
pursuant to this chapter, the director shall deny the applicant a
license.
(b) The director may issue provisional licenses to operate
residential care facilities for any facility which the director
determines is in substantial compliance with this chapter and the
rules and regulations adopted pursuant to this chapter, provided that
no life safety risks are involved, as determined by the director. In
determining whether any life safety risks are involved, the director
shall require completion of all applicable fire clearances and
criminal record clearances as otherwise required by the department's
rules and regulations. A provisional license issued pursuant to this
subdivision shall expire six months from the date of issuance, or at
an earlier time as the director may determine, and may not be
renewed. However, the director may extend the term of a provisional
license for an additional six months at the time of application, if
it is determined that more than six months will be required to
achieve full compliance with licensing standards due to circumstances
beyond the control of the applicant, and if all other requirements
for a license have been met.
1568.063. Immediately upon the denial of any application for a
license, the department shall notify the applicant in writing. Within
15 days after the department mails the notice of denial, the
applicant may present his or her written petition for a hearing to
the department. Upon receipt by the department of the petition in
proper form, the petition shall be set for hearing.
1568.064. (a) When a licensee dies, an adult relative who has
control of the property may continue operation of the facility if the
following conditions are met:
(1) The department receives notification of the death during the
next normal workday and is informed of the relative's intent to
continue operating the facility as a residential care facility for
persons with chronic, life-threatening illnesses.
(2) The relative files application, within five days of the date
of death, shows evidence satisfactory to the department that he or
she has the ability to operate the facility, submits his or her
fingerprint card, and provides evidence of the licensee's death.
(b) The department shall make a decision within 60 days after the
application is submitted on whether to issue a provisional license
pursuant to Section 1568.062. A provisional license shall be granted
only if the department is satisfied that the conditions specified in
subdivision (a) have been met and that the health and safety of the
residents of the facility will not be jeopardized.
(c) If the relative complies with subdivision (a), he or she shall
not be considered to be operating an unlicensed facility while the
department decides whether to grant the provisional license.
1568.065. (a) Proceedings for the suspension, revocation, or denial
of a license under this chapter shall be conducted in accordance
with Chapter 5 (commencing with Section 11500) of Part 1 of Division
3 of Title 2 of the Government Code, and the department shall have
all those powers granted by the provisions. In the event of conflict
between this chapter and those provisions of the Government Code,
this chapter shall prevail.
(b) In all proceedings conducted in accordance with this section,
the standard of proof to be applied shall be by the preponderance of
the evidence.
(c) If the license is not temporarily suspended pursuant to
Section 1568.082, the hearing shall be held within 90 calendar days
after receipt of the notice of defense, unless a continuance of the
hearing is granted by the department or the administrative law judge.
When the matter has been set for hearing, only the administrative
law judge may grant a continuance of the hearing. The administrative
law judge may, but need not, grant a continuance of the hearing, only
upon finding the existence of any of the following:
(1) The death or incapacitating illness of a party, a
representative or attorney of a party, a witness to an essential
fact, or of the parent, child, or member of the household of that
person, when it is not feasible to substitute another representative,
attorney, or witness because of the proximity of the hearing date.
(2) Lack of notice of hearing as provided in Section 11509 of the
Government Code.
(3) A material change in the status of the case where a change in
the parties or pleadings requires postponement, or an executed
settlement or stipulated findings of fact obviate the need for
hearing. A partial amendment of the pleadings shall not be good cause
for continuance to the extent that the unamended portion of the
pleadings is ready to be heard.
(4) A stipulation for continuance signed by all parties or their
authorized representatives, including, but not limited to, a
representative, which is communicated with the request for
continuance to the administrative law judge no later than 25 business
days before the hearing.
(5) The substitution of the representative or attorney of a party
upon showing that the substitution is required.
(6) The unavailability of a party, representative, or attorney of
a party, or witness to an essential fact due to a conflicting and
required appearance in a judicial matter if when the hearing date was
set, the person did not know and could neither anticipate nor at any
time avoid the conflict, and the conflict with request for
continuance is immediately communicated to the administrative law
judge.
(7) The unavailability of a party, a representative or attorney of
a party, or a material witness due to an unavoidable emergency.
(8) Failure by a party to comply with a timely discovery request
if the continuance request is made by the party who requested the
discovery.
(d) In addition to the witness fees and mileage provided by
Section 11450.40 of the Government Code, the department may pay
actual, necessary, and reasonable expenses in an amount not to exceed
the per diem allowance payable to a nonrepresented state employee on
travel status. The department may pay witness expenses pursuant to
this section in advance of the hearing.
(e) (1) The withdrawal of an application for a license or a
special permit after it has been filed with the department shall not
deprive the department of its authority to institute or continue a
proceeding against the applicant for the denial of the license or a
special permit upon any ground provided by law or to enter an order
denying the license or special permit upon any ground provided by
law.
(2) The suspension, expiration, or forfeiture by operation of law
of a license issued by the department, or its suspension, forfeiture,
or cancellation by order of the department or by order of a court of
law, or its surrender, shall not deprive the department of its
authority to institute or continue a disciplinary proceeding against
the licensee upon any ground provided by law or to enter an order
suspending or revoking the license or otherwise taking disciplinary
action against the licensee on any ground provided by law.
(f) (1) If an application for a license indicates, or the
department determines during the application review process, that the
applicant previously was issued a license under this chapter or
under Chapter 1 (commencing with Section 1200), Chapter 2 (commencing
with Section 1250), Chapter 3 (commencing with Section 1500),
Chapter 3.3 (commencing with Section 1569), Chapter 3.4 (commencing
with Section 1596.70), Chapter 3.5 (commencing with Section 1596.90),
or Chapter 3.6 (commencing with Section 1597.30) and the prior
license was revoked within the preceding two years, the department
shall cease any further review of the application until two years
shall have elapsed from the date of the revocation.
(2) If an application for a license or special permit indicates,
or the department determines during the application review process,
that the applicant previously was issued a certificate of approval by
a foster family agency that was revoked by the department pursuant
to subdivision (b) of Section 1534 within the preceding two years,
the department shall cease any further review of the application
until two years have elapsed from the date of the revocation.
(3) If an application for a license or special permit indicates,
or the department determines during the application review process,
that the applicant was excluded from a facility licensed by the
department pursuant to Section 1558, 1568.092, 1569.58, or 1596.8897,
the department shall cease any further review of the application
unless the excluded individual has been reinstated pursuant to
Section 11522 of the Government Code by the department.
(4) If an application for a license indicates, or the department
determines during the application review process, that the applicant
had previously applied for a license under any of the chapters listed
in paragraph (1) and the application was denied within the last
year, the department shall cease further review of the application as
follows:
(A) In cases where the applicant petitioned for a hearing, the
department shall cease further review of the application until one
year has elapsed from the effective date of the decision and order of
the department upholding a denial.
(B) In cases where the department informed the applicant of his or
her right to petition for a hearing and the applicant did not
petition for a hearing, the department shall cease further review of
the application until one year has elapsed from the date of the
notification of the denial and the right to petition for a hearing.
(C) The department may continue to review the application if it
has determined that the reasons for the denial of the application
were due to circumstances and conditions which either have been
corrected or are no longer in existence.
(5) If an application for a license or special permit indicates,
or the department determines during the application review process,
that the applicant had previously applied for a certificate of
approval with a foster family agency and the department ordered the
foster family agency to deny the application pursuant to subdivision
(b) of Section 1534, the department shall cease further review of the
application as follows:
(A) In cases where the applicant petitioned for a hearing, the
department shall cease further review of the application until one
year has elapsed from the effective date of the decision and order of
the department upholding a denial.
(B) In cases where the department informed the applicant of his or
her right to petition for a hearing and the applicant did not
petition for a hearing, the department shall cease further review of
the application until one year has elapsed from the date of the
notification of the denial and the right to petition for a hearing.
(C) The department may continue to review the application if it
has determined that the reasons for the denial of the application
were due to circumstances and conditions that either have been
corrected or are no longer in existence.
(6) The cessation of review shall not constitute a denial of the
application for purposes of Section 1568.062 or any other law.
1568.0651. (a) The administrative law judge conducting a hearing
under this article may permit the testimony of a child witness, or a
similarly vulnerable witness, including a witness who is
developmentally disabled, to be taken outside the presence of the
respondent or respondents if all of the following conditions exist:
(1) The administrative law judge determines that taking the
witness's testimony outside the presence of the respondent or
respondents is necessary to ensure truthful testimony.
(2) The witness is likely to be intimidated by the presence of the
respondent or respondents.
(3) The witness is afraid to testify in front of the respondent or
respondents.
(b) If the testimony of the witness is taken outside of the
presence of the respondent or respondents, the department shall
provide for the use of one-way closed-circuit television so the
respondent or respondents can observe the testimony of the witness.
Nothing in this section shall limit a respondent's right of
cross-examination.
(c) The administrative law judge conducting a hearing under this
section may clear the hearing room of any persons who are not a party
to the action in order to protect any witness from intimidation or
other harm, taking into account the rights of all persons.
1568.0652. (a) (1) An out-of-court statement made by a minor under
12 years of age who is the subject or victim of an allegation at
issue is admissible evidence at an administrative hearing conducted
pursuant to this article. The out-of-court statement may be used to
support a finding of fact unless an objection is timely made and the
objecting party establishes that the statement is unreliable because
it was the product of fraud, deceit, or undue influence. However, the
out-of-court statement may not be the sole basis for the finding of
fact, unless the adjudicator finds that the time, content, and
circumstances of the statement provide sufficient indicia of
reliability.
(2) The proponent of the statement shall give reasonable notice to
all parties of the intended introduction of the statement at the
hearing.
(3) For purposes of this subdivision, an objection is timely if it
identifies with reasonable specificity the disputed out-of-court
statement and it gives the proponent of the evidence a reasonable
period of time to prepare a response to the objection prior to the
hearing.
(b) This section shall not be construed to limit the right of any
party to the administrative hearing to subpoena a witness whose
statement is admitted as evidence or to introduce admissible evidence
relevant to the weight of the hearsay evidence or the credibility of
the hearsay declarant.
1568.067. (a) No license issued pursuant to this chapter shall have
any property value for sale or exchange purposes and no person,
including any owner, agent, or broker, shall sell or exchange any
license for any commercial purpose.
(b) (1) Each residential care facility licensed under this chapter
shall reveal its license number in all advertisements, publications,
or announcements made with the intent to attract clients or
residents.
(2) Advertisements, publications, or announcements subject to the
requirements of paragraph (1) shall include, but not be limited to,
those contained in a newspaper or magazine, consumer report,
announcement of intent to commence business, telephone directory
yellow pages, professional or service directory, or radio or
television commercial.
1568.068. (a) Notwithstanding Section 1568.061, in the event of a
sale of a licensed residential care for persons with chronic,
life-threatening illness facility where the sale will result in a new
license being issued, the sale and transfer of property and business
shall be subject to both of the following:
(1) The licensee shall provide written notice to the department
and to each resident or his or her legal representative of the
licensee's intent to sell the facility at least 60 days prior to the
transfer of property or business, or at the time that a bona fide
offer is made, whichever period is longer.
(2) The licensee shall, prior to entering into an admission
agreement, inform all residents, or their legal representatives,
admitted to the facility after notification to the department, of the
licensee's intent to sell the property or business.
(b) Except as provided in subdivision (e), the property and
business shall not be transferred until the buyer qualifies for a
license or provisional license pursuant to this chapter.
(1) The seller shall notify, in writing, a prospective buyer of
the necessity to obtain a license, as required by this chapter, if
the buyer's intent is to continue operating the facility as a
residential care facility for the chronically ill. The seller shall
send a copy of this written notice to the licensing agency.
(2) The prospective buyer shall submit an application for a
license, as specified in Section 1568.04, within five days of the
acceptance of the offer by the seller.
(c) No transfer of the property or business shall be permitted
until 60 days have elapsed from the date when notice has been
provided to the department pursuant to paragraph (1) of subdivision
(a).
(d) The department shall give priority to applications for
licensure that are submitted pursuant to this section in order to
ensure timely transfer of the property and business. The department
shall make a decision within 60 days after a complete application is
submitted on whether to issue a license pursuant to Section 1568.04.
(e) If the parties involved in the transfer of the property and
business fully comply with this section, then the transfer may be
completed and the buyer shall not be considered to be operating an
unlicensed facility while the department makes a final determination
on the application for licensure.
1568.07. (a) (1) Within 90 days after a facility accepts its first
resident for placement following its initial licensure, the
department shall inspect the facility to evaluate compliance with
rules and regulations and to assess the facility's continuing ability
to meet regulatory requirements. The licensee shall notify the
department, within five business days after accepting its first
resident for placement, that the facility has commenced operating.
(2) The department may take appropriate remedial action as
provided for in this chapter.
(b) (1) Every licensed residential care facility shall be
periodically inspected and evaluated for quality of care by a
representative or representatives designated by the director.
Evaluations shall be conducted at least annually and as often as
necessary to ensure the quality of care being provided.
(2) During each licensing inspection the department shall
determine if the facility meets regulatory standards, including, but
not limited to, providing residents with the appropriate level of
care based on the facility's license, providing adequate staffing and
services, updated resident records and assessments, and compliance
with basic health and safety standards.
(3) If the department determines that a resident requires a higher
level of care than the facility is authorized to provide, the
department may initiate a professional level of care assessment by an
assessor approved by the department. An assessment shall be
conducted in consultation with the resident, the resident's physician
and surgeon, and the resident's case manager, and shall reflect the
desires of the resident, the resident's physician and surgeon, and
the resident's case manager. The assessment also shall recognize that
certain illnesses are episodic in nature and that the resident's
need for a higher level of care may be temporary.
(4) The department shall notify the residential care facility in
writing of all deficiencies in its compliance with this chapter and
the rules and regulations adopted pursuant to this chapter, and shall
set a reasonable length of time for compliance by the facility.
(5) Reports on the results of each inspection, evaluation, or
consultation shall be kept on file in the department, and all
inspection reports, consultation reports, lists of deficiencies, and
plans of correction shall be open to public inspection.
(c) Any duly authorized officer, employee, or agent of the
department may, upon presentation of proper identification, enter and
inspect any place providing personal care, supervision, and
services, at any time, with or without advance notice, to secure
compliance with, or to prevent a violation of, this chapter.
(d) No licensee shall discriminate or retaliate in any manner
against any person receiving the services of the facility of the
licensee, or against any employee of the facility, on the basis, or
for the reason, that a person or employee or any other person has
initiated or participated in an inspection pursuant to Section
1568.071.
(e) Any person who, without lawful authorization from a duly
authorized officer, employee, or agent of the department, informs an
owner, operator, employee, agent, or resident of a residential care
facility, of an impending or proposed inspection or evaluation of
that facility by personnel of the department, is guilty of a
misdemeanor and upon conviction thereof shall be punished by a fine
not to exceed one thousand dollars ($1,000), by imprisonment in the
county jail for a period not to exceed 180 days, or by both a fine
and imprisonment.
1568.071. (a) Any person may request an inspection of any
residential care facility in accordance with this chapter by
transmitting to the department notice of an alleged violation of
applicable requirements prescribed by statutes or regulations of this
state.
(b) The substance of the complaint shall be provided to the
licensee no earlier than at the time of the inspection. Unless the
complainant specifically requests otherwise, neither the substance of
the complaint provided the licensee nor any copy of the complaint or
any record published, released, or otherwise made available to the
licensee shall disclose the name of any person mentioned in the
complaint except the name of any duly authorized officer, employee,
or agent of the department conducting the investigation or inspection
pursuant to this chapter.
(c) Upon receipt of a complaint, other than a complaint alleging
denial of a statutory right of access to a residential care facility,
the department shall make a preliminary review and, unless the
department determines that the complaint is willfully intended to
harass a licensee or is without any reasonable basis, it shall make
an onsite inspection within 10 days after receiving the complaint
except where the visit would adversely affect the licensing
investigation or the investigation of other agencies, including, but
not limited to, law enforcement agencies. In either event, the
complainant shall be promptly informed of the department's proposed
course of action.
(d) Upon receipt of a complaint alleging denial of a statutory
right of access to a residential facility, the department shall
review the complaint. The complainant shall be notified promptly of
the department's proposed course of action.
1568.0715. (a) The department shall ensure that the licensee's plan
of correction is verifiable and measurable. The plan of correction
shall specify what evidence is acceptable to establish that a
deficiency has been corrected. This evidence shall be included in the
department's facility file.
(b) The department shall specify in its licensing report all
violations that, if not corrected, will have a direct and immediate
risk to the health, safety, or personal rights of residents in care.
(c) The department shall complete all complaint investigations and
place a note of final conclusion in the department's facility file,
regardless of whether the licensee voluntarily surrendered the
license.
1568.072. (a) The department shall adopt, amend, and repeal, in
accordance with Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code, any reasonable
rules, regulations, and standards as may be necessary or proper to
carry out the purposes and intent of this chapter and to enable the
department to exercise the powers and perform the duties conferred
upon it by this chapter, not inconsistent with state law.
(b) Regulations for a license shall prescribe standards of safety
and sanitation, for the physical plant, as well as for the basic care
and supervision, personal care, and services to be provided by a
facility.
(c) Regulations shall specify the application and licensing
process, the range of services, alternative methods for providing
those services, the appraisal and assessment process, and facility
staffing and training requirements.
(d) Regulations shall allow for the development of new and
innovative community programs.
1568.073. (a) (1) The department may order the licensee to remove a
resident who has a health condition which cannot be cared for within
the limits of the license or requires inpatient care in a health
facility as determined by the department pursuant to Section 1568.07.
(2) When the department determines that the resident's mental or
physical condition requires immediate transfer from the facility in
order to protect the health and safety of the resident, the
department may order the licensee to remove the resident after the
department consults with a physician or other medical professional
about the transfer and ways in which transfer trauma can be
minimized.
(b) (1) When the department determines that a resident has a
health condition which cannot be cared for within the limits of the
license or requires inpatient care in a health facility, the
department shall give notice to the resident, his or her legal
representative when appropriate, his or her physician when
applicable, his or her case manager when applicable, and the
licensee. The notice shall specify a deadline for submitting a
written plan for relocation and inform the resident of his or her
right for a review and determination. The resident, or his or her
legal representative, shall have three working days to inform the
licensee of the request for review. The licensee shall forward the
request to the department within two working days of receipt. Failure
or refusal by the licensee to submit the request to the department
may subject the licensee to the civil penalties as specified in
Section 1568.0822. The department shall not refuse to consider the
request if the licensee fails or refuses to submit the request to the
department.
(2) The review and determination shall be completed within 30 days
from the date that the resident was initially informed of the need
to relocate. If the determination is made that the resident must
relocate, the notice shall include a plan for transfer including ways
to minimize transfer trauma for the resident.
(3) The department may require the licensee to prepare and submit
to the department a written plan for relocation, to comply with the
terms and conditions of the approved plan, and to provide other
information as necessary for the enforcement of this section.
(c) The provisions allowing for a resident's right to a review
prior to transfer as provided in subdivision (b) neither negates the
department's authority and responsibility to require an immediate
transfer according to paragraph (2) of subdivision (a) when the
department finds and provides evidence that the resident must be
relocated in order to protect the health and safety of the resident,
nor implies any right to a fair hearing pursuant to Chapter 7
(commencing with Section 10950) of Part 2 of Division 9 of the
Welfare and Institutions Code.
(d) The department shall specify by regulation the process for
making relocation decisions and for appealing and reviewing those
decisions pursuant to this section.
1568.075. On and after January 1, 1999, no security window bars may
be installed or maintained on any residential care facility unless
the security window bars meet current state and local requirements,
as applicable, for security window bars and safety release devices.
1568.08. Each facility required to be licensed under this chapter
shall keep a current record of all of the following:
(a) Residents in the facility, including each resident's name and
ambulatory status.
(b) The name and telephone number of each resident's physician and
surgeon.
(c) The name, address, and telephone number of any person or
agency responsible for the care of a resident.
(d) Updated resident file records, including, but not limited to,
the current physician and surgeon report, residential appraisal,
level of services required and documentation of any health related
services provided to residents.
The facility shall respect the privacy and confidentiality of this
information.
1568.081. (a) A placement agency shall place individuals only in
licensed residential care facilities or facilities which are exempt
from licensure under subdivision (c) of Section 1568.03.
(b) No employee of a placement agency shall place, refer, or
recommend placement of a person in a facility operating without a
license, unless the facility is exempt from licensure under
subdivision (c) of Section 1568.03. Violation of this subdivision is
a misdemeanor.
(c) Any employee of a placement agency who knows, or reasonably
suspects that a facility, which is not exempt from licensure under
this chapter, is operating without a license shall report the name
and address of the facility to the department. Failure to report as
required by this subdivision is a misdemeanor.
(d) The department shall investigate any report filed under
subdivision (c). If the department has probable cause to believe that
the facility which is the subject of the report is operating without
a license, the department shall investigate the facility within 10
days after receipt of the report.
(e) A placement agency shall notify the department of any known or
suspected incidents which would jeopardize the health or safety of
residents in a residential care facility. Reportable incidents
include, but are not limited to, all of the following:
(1) Incidents of physical abuse.
(2) Any violation of personal rights.
(3) Any situation in which a facility is unclean, unsafe,
unsanitary, or in poor condition.
(4) Any situation in which a facility has insufficient personnel
or incompetent personnel on duty.
(5) Any situation in which residents experience mental or verbal
abuse.
(6) Any situation in which a facility is suspected of accepting or
retaining residents who require a higher level of care than the
facility is authorized to provide.
1568.082. (a) The department may suspend or revoke any license
issued under this chapter upon any of the following grounds and in
the manner provided in this chapter:
(1) Violation by the licensee of this chapter or of the rules and
regulations adopted pursuant to this chapter.
(2) Aiding, abetting, or permitting the violation of this chapter
or of the rules and regulations adopted pursuant to this chapter.
(3) Conduct which is inimical to the health, welfare, or safety of
either an individual in or receiving services from the facility or
the people of the State of California.
(4) The provision of services beyond the level the facility is
authorized to provide, or accepting or retaining residents who
require services of a higher level than the facility is authorized to
provide.
(5) Engaging in acts of financial malfeasance concerning the
operation of a facility, including, but not limited to, improper use
or embezzlement of client moneys and property or fraudulent
appropriation for personal gain of facility moneys and property, or
willful or negligent failure to provide services.
(b) The director may temporarily suspend any license, prior to any
hearing when, in the opinion of the director, the action is
necessary to protect residents of the facility from physical or
mental abuse, abandonment, or any other substantial threat to health
or safety. The director shall notify the licensee of the temporary
suspension and the effective date of the temporary suspension, and at
the same time shall serve the provider with an accusation. Upon
receipt of a notice of defense to the accusation by the licensee, the
director shall, within 15 days, set the matter for hearing, and the
hearing shall be held as soon as possible, but not later than 30 days
after receipt of the notice. The temporary suspension shall remain
in effect until the time the hearing is completed and the director
has made a final determination on the merits. However, the temporary
suspension shall be deemed vacated if the director fails to make a
final determination on the merits within 30 days after the original
hearing has been completed.
(c) In any case where the department orders the licensee to remove
a resident who has a health condition or health conditions which
cannot be cared for within the limits of the license or special
permit or requires inpatient care in a health facility licensed
pursuant to Chapter 2 (commencing with Section 1250), the licensee
shall do all of the following:
(1) Prepare and submit to the department a written plan for
relocation of the client or resident, in a form acceptable to the
department.
(2) Comply with all terms and conditions of the approved
relocation plan.
(3) Provide any other information as may be required by the
department for the proper administration and enforcement of this
section.
1568.0821. (a) Notwithstanding any other provision of this chapter,
any person who violates Section 1568.03 shall be assessed by the
department an immediate civil penalty in the amount of one hundred
dollars ($100) per resident for each day of the violation.
(b) The civil penalty authorized in subdivision (a) shall be two
hundred dollars ($200) per resident for each day of the violation if
an unlicensed facility is operated and the operator refuses to seek
licensure or the operator seeks licensure and the license application
is denied and the operator continues to operate the unlicensed
facility.
(c) An operator may appeal the assessment to the director. The
department shall adopt regulations setting forth the appeal
procedure.
1568.0822. (a) In addition to the suspension, temporary suspension,
or revocation of a license issued under this chapter, the department
may levy a civil penalty. The department shall adopt regulations
setting forth the appeal procedures for deficiencies.
(b) The amount of the civil penalty shall not be less than
twenty-five dollars ($25) or more than fifty dollars ($50) per day
for each violation of this chapter, except where the nature or
seriousness of the violation or the frequency of the violation
warrants a higher penalty or an immediate civil penalty assessment,
or both, as determined by the department. In no event shall a civil
penalty assessment exceed one hundred fifty dollars ($150) per day
per violation.
(c) Notwithstanding Section 1568.07, the department shall assess
an immediate civil penalty of one hundred fifty dollars ($150) per
day per violation for any of the following serious violations:
(1) (A) Fire clearance violations, including, but not limited to,
overcapacity, ambulatory status, inoperable smoke alarms, and
inoperable fire alarm systems. The civil penalty shall not be
assessed if the licensee has done either of the following:
(i) Requested the appropriate fire clearance based on ambulatory,
nonambulatory, or bedridden status, and the decision is pending.
(ii) Initiated eviction proceedings.
(B) A licensee denied a clearance for bedridden residents may
appeal to the fire authority, and, if that appeal is denied, may
subsequently appeal to the Office of the State Fire Marshal, and
shall not be assessed an immediate civil penalty until the final
appeal is decided, or after 60 days has passed from the date of the
citation, whichever is earlier.
(2) Absence of supervision, as required by statute and regulation.
(3) Accessible bodies of water, when prohibited in this chapter or
regulations adopted pursuant to this chapter.
(4) Accessible firearms, ammunition, or both.
(5) Refused entry to a facility or any part of a facility in
violation of Section 1568.07 or 1568.071.
(6) The presence of an excluded person on the premises.
(d) Notwithstanding Section 1568.07, any residential care facility
that is cited for repeating the same violation of this chapter
within 12 months of the first violation is subject to an immediate
civil penalty of one hundred fifty dollars ($150) and fifty dollars
($50) for each day the violation continues until the deficiency is
corrected.
(e) Any residential care facility that is assessed a civil penalty
pursuant to subdivision (d) which repeats the same violation of this
chapter within 12 months of the violation subject to subdivision (d)
shall be assessed an immediate civil penalty of one thousand dollars
($1,000) and one hundred dollars ($100) for each day the violation
continues until the deficiency is corrected, provided that the
violation is a serious violation.
(f) The department shall adopt regulations implementing this
section.
1568.0823. (a) Any person who violates this chapter, or who
willfully or repeatedly violates any rule or regulation adopted under
this chapter, is guilty of a misdemeanor and upon conviction thereof
shall be punished by a fine not to exceed one thousand dollars
($1,000), or by imprisonment in the county jail for a period not to
exceed 180 days, or by both fine and imprisonment.
(b) Operation of a residential care facility without a license
shall be subject to a summons to appear in court.
(c) Notwithstanding any other provision of this chapter, the
district attorney of every county, and the city attorneys in those
cities which have city attorneys who have jurisdiction to prosecute
misdemeanors pursuant to Section 72193 of the Government Code, shall,
upon their own initiative or upon application by the department or
its authorized representative, institute and conduct the prosecution
of any action for violation within his or her county of this chapter.
1568.0823. Any person who, without lawful authorization from a duly
authorized officer, employee, or agent of the department, informs an
owner, operator, employee, agent, or resident of a residential care
facility for persons with a chronic, life-threatening illness of an
impending and unannounced site visit to that facility by personnel of
the department, is guilty of a misdemeanor and upon conviction
thereof shall be punished by a fine not to exceed one thousand
dollars ($1,000), by imprisonment in the county jail for a period not
to exceed 180 days, or by both a fine and imprisonment.
1568.0825. (a) The department shall conduct an unannounced visit to
a facility within 30 days after the effective date of a temporary
suspension of a license in order to ensure that the facility is
nonoperational, unless the department previously has verified that
the facility is nonoperational.
(b) The department shall conduct an unannounced visit to a
facility within 30 days after the effective date of a revocation of a
license in order to ensure that the facility is nonoperational,
unless the department previously has verified that the facility is
nonoperational.
1568.083. (a) The department, State Fire Marshal, or local fire
officials shall not make a de facto determination of a resident's
ambulatory or nonambulatory status based on a resident's placement in
the facility. Interpretation of regulations related to fire safety
in residential care facilities shall be made to provide flexibility
to allow residents to remain in the least restrictive environment.
(b) This chapter shall not preempt the application of any local
zoning requirements to residential car
