California Health And Safety Code Section 1
This act shall be known as the Health and Safety Code.
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California Health And Safety Code Section 2
The provisions of this code in so far as they are substantially
the same as existing statutory provisions relating to the same
subject matter shall...
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California Health And Safety Code Section 3
All persons who, at the time this code takes effect, hold office
under any of the acts repealed by this code, which offices are
continued by this...
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California Health And Safety Code Section 4
Any action or proceeding commenced before this code takes
effect, and any right accrued, is not affected by this code, but all
procedure thereafter...
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California Health And Safety Code Section 5
Unless the provision or the context otherwise requires, these
definitions, rules of construction, and general provisions shall
govern the...
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California Health And Safety Code Section 6
Division, part, chapter, article, and section headings do not in
any manner affect the scope, meaning, or intent of the provisions of
this code.
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California Health And Safety Code Section 7
Whenever a power is granted to, or a duty is imposed upon, a
public officer, the power may be exercised or the duty may be
performed by a deputy of...
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California Health And Safety Code Section 8
Writing includes any form of recorded message capable of
comprehension by ordinary visual means. Whenever any notice, report,
statement, or record...
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California Health And Safety Code Section 9
Whenever reference is made to any portion of this code or of any
other law of this State, the reference applies to all amendments and
additions now...
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California Health And Safety Code Section 10
"Section" means a section of this code unless some other
statute is specifically mentioned. Subdivision means a subdivision
of the section in which...
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California Health And Safety Code Section 11
The present tense includes the past and future tenses; and the
future, the present.
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California Health And Safety Code Section 12
The masculine gender includes the feminine and neuter.
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California Health And Safety Code Section 13
The singular number includes the plural, and the plural the
singular.
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California Health And Safety Code Section 14
"County" includes city and county.
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California Health And Safety Code Section 15
Unless expressly otherwise provided, any notice required to be
given to any person by any provision of this code may be given by
mailing notice,...
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California Health And Safety Code Section 16
"Shall" is mandatory and "may" is permissive.
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California Health And Safety Code Section 17
"Oath" includes affirmation.
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California Health And Safety Code Section 18
"Signature" or "subscription" includes mark when the signer or
subscriber can not write, such signer's or subscriber's name being
written near the...
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California Health And Safety Code Section 19
"Person" means any person, firm, association, organization,
partnership, business trust, corporation, limited liability company,
or company.
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California Health And Safety Code Section 20
"State department" or "department" means State Department of
Health Services. Commencing July 1, 2007, any reference to the former
State Department...
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California Health And Safety Code Section 21
"Director" means "State Director of Health Services."
Commencing July 1, 2007, any reference to the former State Director
of Health Services...
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California Health And Safety Code Section 22
"Board" or "State Board of Public Health" means "State
Department of Health Services," with respect to regulatory functions
heretofore performed by...
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California Health And Safety Code Section 23
"State" means the State of California, unless applied to the
different parts of the United States. In the latter case, it
includes the District of...
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California Health And Safety Code Section 24
If any provision of this code, or the application thereof to
any person or circumstance, is held invalid, the remainder of the
code, or the...
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California Health And Safety Code Section 25
Wherever, pursuant to this code, any state department, officer,
board, agency, committee, or commission is authorized to adopt rules
and regulations,
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California Health And Safety Code Section 27
For purposes of this code:
(a) "Communicable Disease Prevention and Control Act" means
Sections 104730, 104830 to 104860, inclusive, 113150,...
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California Health And Safety Code Section 28
For the purposes of this code, "recycled water" or "reclaimed
water" has the same meaning as recycled water as defined in
subdivision (n) of Section...
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California Health And Safety Code Section 130
(a) In order to carry out the intention of the People of
California that, excepting emergency medical care as required by
federal law, only citizens...
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California Health And Safety Code Section 135
The Office of Women's Health is hereby established within the
State Department of Health Care Services. For purposes of this
chapter, "office" means
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California Health And Safety Code Section 136
(a) The California Health and Human Services Agency shall
establish an interagency task force on women's health composed of
representatives of the...
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California Health And Safety Code Section 137
(a) The office shall develop a coordinated state strategy for
addressing the health related needs of women.
(b) The approved programmatic costs of
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California Health And Safety Code Section 138
The office may do any of the following on behalf of the State
Department of Health Care Services and the State Department of Public
Health jointly or
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California Health And Safety Code Section 138.4
(a) The State Department of Health Care Services and the
State Department of Public Health shall place priority on providing
information to...
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California Health And Safety Code Section 138.6
(a) The department shall include in any literature that it
produces regarding breast cancer information that shall include, but
not be limited to,...
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California Health And Safety Code Section 150
The Legislature finds and declares all of the following:
(a) The health status of California's racial and ethnic
communities is poor relative to...
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California Health And Safety Code Section 151
(a) The Office of Multicultural Health is hereby established
within the State Department of Public Health. The approved
programmatic costs of the...
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California Health And Safety Code Section 152
(a) The office shall do all of the following on behalf of the
State Department of Health Care Services and the State Department of
Public Health:
...
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California Health And Safety Code Section 416
The Director of Developmental Services may be appointed as
either guardian or conservator of the person and estate, or person or
estate, of any...
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California Health And Safety Code Section 416.1
Unless exceptions are expressly made in this article, the
provisions of Division 4 (commencing with Section 1400) of the
Probate Code shall apply to...
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California Health And Safety Code Section 416.5
The director may be nominated by any one of the following to
act as guardian or conservator for any developmentally disabled
person; (1) who is or...
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California Health And Safety Code Section 416.6
In every case in which he has agreed to do so, the director
may petition for his appointment to act as conservator or guardian of
the alleged...
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California Health And Safety Code Section 416.7
If the alleged developmentally disabled person is within the
state and is able to attend, he shall be present at the hearing. If
he is unable to...
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California Health And Safety Code Section 416.8
In addition to the requirements of Division 4 (commencing
with Section 1400) of the Probate Code, the court shall be provided
by the regional center...
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California Health And Safety Code Section 416.9
The court may appoint the Director of Developmental Services
as guardian or conservator of the person and estate or person or
estate of a minor or...
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California Health And Safety Code Section 416.95
Prior to the appointment of the Director of Developmental
Services as guardian or conservator of the person or estate of a
minor or adult...
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California Health And Safety Code Section 416.10
No appointment of both the Director of Developmental
Services and a private guardian or conservator shall be made for the
same person and estate, or...
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California Health And Safety Code Section 416.11
No costs or fees shall be charged or received by the county
clerk for the filing of any conservatorship or guardianship petition
as provided in this...
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California Health And Safety Code Section 416.12
The Director of Developmental Services shall file an
official bond in no event less than twenty-five thousand dollars
($25,000), which bond shall...
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California Health And Safety Code Section 416.13
The appointment by the court of the Director of
Developmental Services as conservator or guardian shall be by the
title of his office. The authority
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California Health And Safety Code Section 416.14
The Director of Developmental Services shall:
(a) Consult with developmentally disabled persons and their
families with respect to the services...
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California Health And Safety Code Section 416.15
The Director of Developmental Services, when acting as
adviser, may provide advice and guidance to the developmentally
disabled person without prior...
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California Health And Safety Code Section 416.16
The Director of Developmental Services shall have the same
powers and duties as those established for guardians and conservators
in Division 4...
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California Health And Safety Code Section 416.17
It is the intent of this article that the director when
acting as guardian or conservator of the person of a developmentally
disabled person through...
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California Health And Safety Code Section 416.18
The director shall provide for at least an annual review in
writing of the physical, mental, and social condition of each
developmentally disabled...
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California Health And Safety Code Section 416.19
The services to be rendered by the director as adviser or
as guardian or conservator of the person shall be performed through
the regional centers or
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California Health And Safety Code Section 416.20
The director shall receive such reasonable fees for his
services as guardian or conservator of the estate as the court allows
and such fees shall be...
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California Health And Safety Code Section 416.23
This article does not authorize the care, treatment, or
supervision or any control over any developmentally disabled person
without the written...
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California Health And Safety Code Section 425
The State Department of Health Services shall submit to the
State Air Resources Board recommendations for ambient air quality
standards reflecting...
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California Health And Safety Code Section 429.997
Notwithstanding any provision of state law, and unless
prohibited by federal law, a county may eliminate or consolidate any
health advisory boards...
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California Health And Safety Code Section 439.900
This act shall be known and may be cited as the Health
Research Fairness Act.
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California Health And Safety Code Section 439.901
The Legislature finds and declares all of the following:
(a) The National Institutes of Health (NIH), the nation's major
source of funding for...
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California Health And Safety Code Section 439.902
(a) On or before June 30, 1992, state agencies shall
adopt, and it is the intent of the Legislature that the Regents of
the University of California...
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California Health And Safety Code Section 439.903
State agencies shall, and it is the intent of the
Legislature that the University of California:
(a) Provide special opportunities for funding...
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California Health And Safety Code Section 439.904
(a) State agencies and the University of California shall
report, consistent with available data, on the extent to which state
funds administered by...
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California Health And Safety Code Section 439.905
It is the intent of the Legislature to encourage research
on the effectiveness of RU-486 (mifepristone) in treating breast and
ovarian cancer,...
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California Health And Safety Code Section 439.906
For purposes of this part, "state agency" has the same
meaning as defined in Section 11000 of the Government Code.
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California Health And Safety Code Section 440.10
"Health facility," as used in this chapter, means any
general acute care hospital required to be licensed pursuant to
Chapter 2 (commencing with...
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California Health And Safety Code Section 440.20
Within seven days after completion of the patient's
itemized bill, every health facility shall provide to the primary
attending health care...
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California Health And Safety Code Section 440.30
The primary attending health care practitioner's written
request to the health facility shall specify the records to be copied
pursuant to Section...
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California Health And Safety Code Section 440.40
The primary attending health care practitioner shall obtain
prior written consent from each patient for whom a billing is
requested, authorizing the...
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California Health And Safety Code Section 440.50
No information, other than the itemized billing set forth
in Section 440.20, that is prohibited from being released by any
other provision of law...
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California Health And Safety Code Section 442
For the purposes of this part, the following definitions shall
apply:
(a) "Actively dying" means the phase of terminal illness when
death is...
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California Health And Safety Code Section 442.5
When a health care provider makes a diagnosis that a patient
has a terminal illness, the health care provider shall, upon the
patient's request,...
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California Health And Safety Code Section 442.7
If a health care provider does not wish to comply with his
or her patient's request for information on end-of-life options, the
health care provider...
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California Health And Safety Code Section 444.20
The Legislature finds and declares all of the following:
(a) The health care delivery system continues to undergo rapid and
dramatic change. ...
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California Health And Safety Code Section 444.21
(a) All communications between a representative of the
program described in subdivision (c) of Section 444.20 and a
subscriber or enrollee, or agent...
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California Health And Safety Code Section 444.22
(a) The Legislature recognizes that the Health Rights
Hotline, serving the greater Sacramento area, and the Health Consumer
Alliance (HCA) programs...
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California Health And Safety Code Section 444.23
(a) Nothing in this part shall be construed to limit the
authority and ability of the California Department of Aging or its
contractors, or the...
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California Health And Safety Code Section 444.24
This part shall remain in effect only until January 1,
2011, and as of that date is repealed, unless a later enacted
statute, that is enacted before
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California Health And Safety Code Section 445
No person, firm, partnership, association or corporation, or
agent or employee thereof, shall for profit refer or recommend a
person to a physician,...
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California Health And Safety Code Section 851
Any board of supervisors may adopt such rules and regulations
with regard to keeping and storing of every description of gunpowder,
hercules powder,...
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California Health And Safety Code Section 475
(a) (1) The State Department of Health Services shall
establish a permanent Office of Binational Border Health to
facilitate cooperation between...
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California Health And Safety Code Section 900
There is hereby created the Children's Environmental Health
Center within the Environmental Protection Agency. The primary
purposes of the center...
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California Health And Safety Code Section 901
(a) As used in this section:
(1) "Center" means the Children's Environmental Health Center
established pursuant to Section 900.
(2) "Office"...
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California Health And Safety Code Section 1179
The Legislature finds and declares all of the following:
(a) Outside of California's four major metropolitan areas, the
majority of the state is...
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California Health And Safety Code Section 1179.1
(a) The Secretary of the Health and Welfare Agency shall
establish an Office of Rural Health, or an alternative organizational
structure, in one of...
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California Health And Safety Code Section 1179.2
(a) The Health and Welfare Agency shall establish an
interdepartmental Task Force on Rural Health to coordinate rural
health policy development and...
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California Health And Safety Code Section 1179.3
(a) (1) The Rural Health Policy Council shall develop and
administer a competitive grants program for projects located in rural
areas of California.
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California Health And Safety Code Section 1179.5
(a) The Rural Health Policy Office within the Office of
Statewide Health Planning and Development serving as staff to the
Rural Health Policy Council
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California Health And Safety Code Section 1179.6
(a) (1) In order to provide improved delivery of services
to the families of agricultural workers, the State Department of
Health Services shall...
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California Health And Safety Code Section 1179.10
This part shall be known and may be cited as the Children'
s Hospital Bond Act of 2004.
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California Health And Safety Code Section 1179.11
As used in this part, the following terms have the
following meanings:
(a) "Authority" means the California Health Facilities Financing
Authority...
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California Health And Safety Code Section 1179.20
The proceeds of bonds issued and sold pursuant to this
part shall be deposited in the Children's Hospital Fund, which is
hereby created.
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California Health And Safety Code Section 1179.21
The purpose of the Children's Hospital Program is to
improve the health and welfare of California's critically ill
children, by providing a stable...
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California Health And Safety Code Section 1179.22
The authority is authorized to award grants to any
children's hospital for purposes of funding projects, as defined in
subdivision (g) of Section...
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California Health And Safety Code Section 1179.23
(a) Twenty percent of the total funds available for grants
pursuant to this part shall be awarded to children's hospitals as
defined in paragraph (1)
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California Health And Safety Code Section 1179.24
(a) The authority shall develop a written application for
the awarding of grants under this part within 90 days of the adoption
of this act. The...
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California Health And Safety Code Section 1179.25
The Bureau of State Audits may conduct periodic audits to
ensure that bond proceeds are awarded in a timely fashion and in a
manner consistent with...
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California Health And Safety Code Section 1179.30
Bonds in the total amount of seven hundred fifty million
dollars ($750,000,000), not including the amount of any refunding
bonds, may be issued and...
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California Health And Safety Code Section 1179.31
The bonds authorized by this part shall be prepared,
executed, issued, sold, paid, and redeemed as provided in the State
General Obligation Bond Law...
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California Health And Safety Code Section 1179.32
(a) Solely for the purpose of authorizing the issuance and
sale pursuant to the State General Obligation Bond Law of the bonds
authorized by this...
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California Health And Safety Code Section 1179.33
The committee shall determine whether or not it is
necessary or desirable to issue bonds authorized pursuant to this
part in order to carry out the...
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California Health And Safety Code Section 1179.34
There shall be collected each year and in the same manner
and at the same time as other state revenue is collected, in addition
to the ordinary...
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California Health And Safety Code Section 1179.35
Notwithstanding Section 13340 of the Government Code,
there is hereby appropriated continuously from the General Fund in
the State Treasury, for the...
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California Health And Safety Code Section 1179.36
For the purposes of carrying out this part, the Director
of Finance may authorize the withdrawal from the General Fund of an
amount not to exceed the
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California Health And Safety Code Section 1179.37
All money deposited in the fund that is derived from
premium and accrued interest on bonds sold shall be reserved in the
fund and shall be available...
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California Health And Safety Code Section 1179.38
Pursuant to Chapter 4 (commencing with Section 16720) of
Part 3 of Division 4 of Title 2 of the Government Code, the cost of
bond issuance shall be...
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California Health And Safety Code Section 1179.39
The authority may request the Pooled Money Investment
Board to make a loan from the Pooled Money Investment Account in
accordance with Section 16312...
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California Health And Safety Code Section 1179.40
The bonds may be refunded in accordance with Article 6
(commencing with Section 16780) of Chapter 4 of Part 3 of Division 4
of Title 2 of the...
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California Health And Safety Code Section 1179.41
Notwithstanding any other provision of this part, or of
the State General Obligation Bond Law, if the Treasurer sells bonds
pursuant to this part...
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California Health And Safety Code Section 1179.42
The people hereby find and declare that, inasmuch as the
proceeds from the sale of bonds authorized by this part are not
"proceeds of taxes" as that...
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California Health And Safety Code Section 1179.43
Notwithstanding any other provision of this part, the
provisions of this part are severable. If any provision of this part
or its application is held
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California Health And Safety Code Section 1179.50
(a) This part shall be known and may be cited as the
Children's Hospital Bond Act of 2008.
(b) California's network of regional children's...
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California Health And Safety Code Section 1179.51
As used in this part, the following terms have the
following meanings:
(a) "Authority" means the California Health Facilities Financing
Authority...
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California Health And Safety Code Section 1179.53
The proceeds of bonds issued and sold pursuant to this
part shall be deposited in the Children's Hospital Bond Act Fund,
which is hereby created.
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California Health And Safety Code Section 1179.54
The purpose of the Children's Hospital Program is to
improve the health and welfare of California's critically ill
children, by providing a stable...
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California Health And Safety Code Section 1179.55
The authority is authorized to award grants to any
children's hospital for purposes of funding projects, as defined in
subdivision (g) of Section...
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California Health And Safety Code Section 1179.56
(a) Twenty percent of the total funds available for grants
pursuant to this part shall be awarded to children's hospitals as
defined in paragraph (1)
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California Health And Safety Code Section 1179.57
(a) The authority shall develop a written application for
the awarding of grants under this part within 90 days of the adoption
of this act. The...
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California Health And Safety Code Section 1179.58
The Bureau of State Audits may conduct periodic audits to
ensure that bond proceeds are awarded in a timely fashion and in a
manner consistent with...
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California Health And Safety Code Section 1179.59
Bonds in the total amount of nine hundred eighty million
dollars ($980,000,000), not including the amount of any refunding
bonds, may be issued and...
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California Health And Safety Code Section 1179.60
The bonds authorized by this part shall be prepared,
executed, issued, sold, paid, and redeemed as provided in the State
General Obligation Bond Law...
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California Health And Safety Code Section 1179.61
(a) Solely for the purpose of authorizing the issuance and
sale pursuant to the State General Obligation Bond Law of the bonds
authorized by this...
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California Health And Safety Code Section 1179.62
The committee shall determine whether or not it is
necessary or desirable to issue bonds authorized pursuant to this
part in order to carry out the...
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California Health And Safety Code Section 1179.63
There shall be collected each year and in the same manner
and at the same time as other state revenue is collected, in addition
to the ordinary...
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California Health And Safety Code Section 1179.64
Notwithstanding Section 13340 of the Government Code,
there is hereby appropriated continuously from the General Fund in
the State Treasury, for the...
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California Health And Safety Code Section 1179.65
For the purposes of carrying out this part, the Director
of Finance may authorize the withdrawal from the General Fund of an
amount not to exceed the
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California Health And Safety Code Section 1179.66
All money deposited in the fund that is derived from
premium and accrued interest on bonds sold shall be reserved in the
fund and shall be available...
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California Health And Safety Code Section 1179.67
Pursuant to Chapter 4 (commencing with Section 16720) of
Part 3 of Division 4 of Title 2 of the Government Code, the cost of
bond issuance shall be...
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California Health And Safety Code Section 1179.68
The authority may request the Pooled Money Investment
Board to make a loan from the Pooled Money Investment Account,
including other authorized forms
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California Health And Safety Code Section 1179.69
The bonds may be refunded in accordance with Article 6
(commencing with Section 16780) of Chapter 4 of Part 3 of Division 4
of Title 2 of the...
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California Health And Safety Code Section 1179.70
Notwithstanding any other provision of this part, or of
the State General Obligation Bond Law, if the Treasurer sells bonds
pursuant to this part...
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California Health And Safety Code Section 1179.71
The people hereby find and declare that, inasmuch as the
proceeds from the sale of bonds authorized by this part are not
"proceeds of taxes" as that...
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California Health And Safety Code Section 1179.72
Notwithstanding any other provision of this part, the
provisions of this part are severable. If any provision of this part
or its application is held
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California Health And Safety Code Section 1180
(a) The California Health and Human Services Agency, in
accordance with their mission, shall provide the leadership and
coordination necessary to...
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California Health And Safety Code Section 1180.1
For purposes of this division, the following definitions
apply:
(a) "Behavioral restraint" means "mechanical restraint" or
"physical restraint" as
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California Health And Safety Code Section 1180.2
(a) This section shall apply to the state hospitals
operated by the State Department of Mental Health and facilities
operated by the State Department
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California Health And Safety Code Section 1180.3
(a) This section shall apply to psychiatric units of
general acute care hospitals, acute psychiatric hospitals,
psychiatric health facilities, crisis
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California Health And Safety Code Section 1180.4
(a) A facility described in subdivision (a) of Section
1180.2 or subdivision (a) of Section 1180.3 shall conduct an initial
assessment of each person
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California Health And Safety Code Section 1180.5
(a) A facility described in subdivision (a) of Section
1180.2 or subdivision (a) of Section 1180.3 shall conduct a clinical
and quality review for...
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California Health And Safety Code Section 1180.6
The State Department of Health Services, the State
Department of Mental Health, the State Department of Social Services,
and the State Department of...
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California Health And Safety Code Section 1200
As used in this chapter, "clinic" means an organized
outpatient health facility which provides direct medical, surgical,
dental, optometric, or...
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California Health And Safety Code Section 1200.1
(a) As used in this chapter, "clinic" also means an
organized outpatient health facility which, pursuant to Section
1204.1, provides direct...
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California Health And Safety Code Section 1201
"License" means a basic permit to operate a clinic. A
license may only be granted to a clinic of a type enumerated in
Section 1204 or 1204.1, and...
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California Health And Safety Code Section 1201.5
"Nonprofit speech and hearing center" means a nonprofit
agency which provides an integrated program of speech pathology and
audiology services in an...
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California Health And Safety Code Section 1202
"Special permit" means a permit issued in addition to a
license authorizing the clinic to offer one or more special services,
as defined in Section...
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California Health And Safety Code Section 1203
"Special service" means a functional division, department, or
unit of a clinic, or a clinic that is organized, staffed, and
equipped to provide a...
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California Health And Safety Code Section 1204
Clinics eligible for licensure pursuant to this chapter are
primary care clinics and specialty clinics.
(a) (1) Only the following defined classes
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California Health And Safety Code Section 1204.1
In addition to the primary care clinics and specialty
clinics specified in Section 1204, clinics eligible for licensure
pursuant to this chapter...
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California Health And Safety Code Section 1204.3
(a) An alternative birth center that is licensed as an
alternative birth center specialty clinic pursuant to paragraph (4)
of subdivision (b) of...
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California Health And Safety Code Section 1204.4
The State Department of Health Services shall provide
information to the California Health Facilities Financing Authority
with respect to primary...
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California Health And Safety Code Section 1204.5
Primary care clinics may submit verification of Joint
Commission on Accreditation of Healthcare Organization (JCAHO)
certification to the Licensing...
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California Health And Safety Code Section 1205
Except as provided in Section 1206, no person, firm,
partnership, association, corporation, or public agency shall
operate, establish, manage,...
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California Health And Safety Code Section 1205.5
A clinic that has been verified by the Licensing and
Certification Division of the State Department of Health Services and
the Office of Statewide...
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California Health And Safety Code Section 1206
This chapter does not apply to the following:
(a) Except with respect to the option provided with regard to
surgical clinics in paragraph (1) of...
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California Health And Safety Code Section 1206.1
The provisions of this chapter do not require licensure of
any place or establishment owned or leased and operated as a clinic
or office by one or...
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California Health And Safety Code Section 1207
The state department shall inspect and license clinics, and
shall inspect and approve clinics to offer special services.
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California Health And Safety Code Section 1208
The state department may provide consulting services upon
request to any clinic to assist in the identification or correction
of deficiencies or the...
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California Health And Safety Code Section 1209
This chapter does not authorize any person other than a
licensed practitioner of a healing art, or any corporation except
charitable or professional...
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California Health And Safety Code Section 1212
(a) Any person, firm, association, partnership, or
corporation desiring a license for a clinic or a special permit for
special services under the...
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California Health And Safety Code Section 1213
Any person, firm, association, partnership, corporation or
other legal entity desiring a license for a clinic shall be exempt
from the requirements...
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California Health And Safety Code Section 1214
Each application under this chapter for an initial license,
renewal license, license upon change of ownership, or special permit
shall be accompanied
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California Health And Safety Code Section 1214.1
Notwithstanding the provisions of Section 1214, each
application for a surgical clinic or a chronic dialysis clinic under
this chapter for an initial
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California Health And Safety Code Section 1214.5
Each application under this chapter for an initial license,
renewal license, license upon change of ownership, or special permit
for a psychology...
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California Health And Safety Code Section 1215
Each new license issued pursuant to this chapter shall expire
12 months from the date of its issuance, and each special permit
shall expire on the...
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California Health And Safety Code Section 1216
(a) Every clinic holding a license shall, on or before the
15th day of February each year, file with the Office of Statewide
Health Planning and...
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California Health And Safety Code Section 1217
(a) An applicant for a license to operate a primary care
clinic, as specified in subdivision (a) of Section 1204 that meets
all requirements for...
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California Health And Safety Code Section 1218
Upon the filing of an application for a license or for a
special permit, or for renewal of a license or special permit, the
state department shall...
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California Health And Safety Code Section 1218.1
(a) A primary care clinic that has held a valid, unrevoked,
and unsuspended license for at least the immediately preceding five
years, with no...
|
California Health And Safety Code Section 1218.2
Notwithstanding any other provision of law, two or more
primary care clinics that are operated by a single nonprofit
corporation shall be entitled to
|
California Health And Safety Code Section 1219
(a) Except for affiliate clinics, as defined in Section
1218.1, if a clinic or an applicant for a license has not been
previously licensed, the...
|
California Health And Safety Code Section 1219.1
(a) The state department may issue a provisional license to
a clinic if:
(1) The clinic and the applicant for licensure substantially meet
the...
|
California Health And Safety Code Section 1220
Immediately upon the denial of any application for a license
or special permit or a renewal thereof, the state department shall
notify the applicant...
|
California Health And Safety Code Section 1221
For purposes of this article, the following definitions shall
apply:
(a) "Centralized applications unit" means the centralized
applications unit...
|
California Health And Safety Code Section 1221.05
Commencing July 1, 2002, all new applications for licenses
for clinics shall be reviewed by the centralized applications unit.
|
California Health And Safety Code Section 1221.09
Commencing January 1, 2002, the centralized applications
unit shall work with organizations that are among and advocate on
behalf of, clinics to...
|
California Health And Safety Code Section 1221.11
Commencing January 1, 2002, a telephone number shall be
provided for applicants to verify receipt of their application by the
Licensing and...
|
California Health And Safety Code Section 1221.13
All new applications submitted to the centralized
applications unit shall be reviewed within two weeks for
completeness. The centralized...
|
California Health And Safety Code Section 1221.15
(a) Commencing January 1, 2002, the Licensing and
Certification Division shall designate at least one surveyor in each
of the four regions to...
|
California Health And Safety Code Section 1221.17
The Licensing and Certification Program training unit
shall work with organizations that are among and advocate on behalf
of clinics and other...
|
California Health And Safety Code Section 1221.19
The centralized applications unit and regional offices
shall be routinely reviewed by the department beginning January 31,
2003, to determine if...
|
California Health And Safety Code Section 1222
The department shall, on or before July 1, 2005, implement a
process that allows an applicant for licensure as a primary care
clinic, as defined in...
|
California Health And Safety Code Section 1225
The state department shall adopt, and may from time to time
amend or repeal, in accordance with Chapter 4.5 (commencing with
Section 11371) of Part 1
|
California Health And Safety Code Section 1226
(a) The regulations shall prescribe the kinds of services
which may be provided by clinics in each category of licensure and
shall prescribe minimum...
|
California Health And Safety Code Section 1226.1
(a) A primary care clinic shall comply with the following
requirements regarding health examinations and other public health
protections for...
|
California Health And Safety Code Section 1226.2
The Community Clinics Advisory Committee provided for in
subdivision (b) of Section 1226 shall meet on an ad hoc basis and
shall be comprised of at...
|
California Health And Safety Code Section 1226.3
A primary care clinic may establish compliance with the
minimum construction standards of adequacy and safety for the
physical plant described in...
|
California Health And Safety Code Section 1226.5
(a) It is the intent of the Legislature to establish
seismic safety standards for facilities licensed as surgical clinics
pursuant to this chapter,...
|
California Health And Safety Code Section 1227
Any duly authorized officer, employee, or agent of the state
department may upon presentation of proper identification, enter and
inspect any...
|
California Health And Safety Code Section 1228
(a) Except as provided in subdivision (c), every clinic for
which a license or special permit has been issued shall be
periodically inspected. The...
|
California Health And Safety Code Section 1229
The state department shall notify any clinic of all
deficiencies in its compliance with the provisions of this chapter or
the rules and regulations...
|
California Health And Safety Code Section 1229.1
No notification of deficiency, civil or criminal penalty,
fine, sanction, or denial, suspension, or revocation of licensure,
may be imposed against a
|
California Health And Safety Code Section 1230
Reports on the results of each inspection shall be kept on
file in the state department along with the plan of correction and
clinic comments. The...
|
California Health And Safety Code Section 1231
(a) All clinics shall maintain compliance with the licensing
requirements. These requirements shall not, however, prohibit the
use of alternate...
|
California Health And Safety Code Section 1231.5
The department may grant to a PACE program, as defined in
Chapter 8.75 (commencing with Section 14590) of Part 3 of Division 9
of the Welfare and...
|
California Health And Safety Code Section 1232
No clinic which permits sterilization operations for
contraceptive purposes to be performed therein, nor the medical staff
of such clinic, shall...
|
California Health And Safety Code Section 1233
A surgical clinic may restrict use of its facilities to
members of the medical staff of the surgical clinic and other
physicians and surgeons...
|
California Health And Safety Code Section 1233.5
By June 30, 1995, a licensed clinic board of directors and
its medical director shall establish and adopt written policies and
procedures to screen...
|
California Health And Safety Code Section 1234
(a) Smoking shall not be permitted in patient areas of a
clinic except those rooms designated for occupancy exclusively by
smokers.
(b) Clearly...
|
California Health And Safety Code Section 1235
(a) Except as provided in subdivision (b), any person who
violates any of the provisions of this chapter or who willfully or
repeatedly violates any...
|
California Health And Safety Code Section 1236
The director may bring an action to enjoin the violation or
threatened violation of Section 1205 in the superior court in and for
the county in which
|
California Health And Safety Code Section 1237
Any action brought by the director against a clinic shall not
abate by reason of a sale or other transfer of ownership of the
facility which is a...
|
California Health And Safety Code Section 1238
The district attorney of every county shall, upon application
by the state department or its authorized representative, institute
and conduct the...
|
California Health And Safety Code Section 1240
The state department may suspend or revoke any license or
special permit issued under the provisions of this chapter upon any
of the following...
|
California Health And Safety Code Section 1241
Proceedings for the suspension, revocation, or denial of
licenses or special permits under this chapter shall be conducted in
accordance with the...
|
California Health And Safety Code Section 1242
The director may temporarily suspend any license issued to a
specialty clinic or special permit prior to any hearing, when in his
opinion such action
|
California Health And Safety Code Section 1243
The withdrawal of an application for a license or a special
permit after it has been filed with the state department, shall not,
unless the state...
|
California Health And Safety Code Section 1244
Any license or special permit revoked pursuant to this
chapter may be reinstated pursuant to the provisions of Section 11522
of the Government Code.
|
California Health And Safety Code Section 1245
Any licensee or holder of a special permit may, with the
approval of the state department, surrender his license or special
permit for suspension by...
|
California Health And Safety Code Section 1248
For purposes of this chapter, the following definitions shall
apply:
(a) "Division" means the Division of Licensing of the Medical
Board of...
|
California Health And Safety Code Section 1248.1
No association, corporation, firm, partnership, or person
shall operate, manage, conduct, or maintain an outpatient setting in
this state, unless ...
|
California Health And Safety Code Section 1248.15
(a) The division shall adopt standards for accreditation
and, in approving accreditation agencies to perform accreditation of
outpatient settings,...
|
California Health And Safety Code Section 1248.2
(a) Any outpatient setting may apply to an accreditation
agency for a certificate of accreditation. Accreditation shall be
issued by the...
|
California Health And Safety Code Section 1248.25
If an outpatient setting does not meet the standards
approved by the division, accreditation shall be denied by the
accreditation agency, which shall
|
California Health And Safety Code Section 1248.3
(a) Certificates of accreditation issued to outpatient
settings by an accreditation agency shall be valid for not more than
three years.
(b) The...
|
California Health And Safety Code Section 1248.35
(a) The Division of Medical Quality or an accreditation
agency may, upon reasonable prior notice and presentation of proper
identification, enter and
|
California Health And Safety Code Section 1248.4
(a) It is the intent of the Legislature that an
accreditation agency operating on or before January 1, 1995, or a
successor thereof, or an...
|
California Health And Safety Code Section 1248.5
The division may evaluate the performance of an approved
accreditation agency no less than every three years, or in response
to complaints against an
|
California Health And Safety Code Section 1248.55
(a) If the accreditation agency is not meeting the
criteria set by the division, the division may terminate approval of
the agency.
(b) Before...
|
California Health And Safety Code Section 1248.6
(a) The Division of Licensing shall establish by regulation
a reasonable fee for an application for approval as an accreditation
agency in an amount...
|
California Health And Safety Code Section 1248.65
It shall constitute unprofessional conduct for a physician
and surgeon to willfully and knowingly violate this chapter.
|
California Health And Safety Code Section 1248.7
The Division of Medical Quality or the local district
attorney may bring an action to enjoin a violation or threatened
violation of this chapter in...
|
California Health And Safety Code Section 1248.75
(a) Except as may otherwise be provided in this section,
before the Division of Medical Quality may seek an injunction as
provided under Section...
|
California Health And Safety Code Section 1248.8
(a) Any person or entity that willfully violates this
chapter or any rule or regulation adopted under this chapter shall be
guilty of a misdemeanor...
|
California Health And Safety Code Section 1248.85
Nothing in this chapter shall preclude an approved
accreditation agency from adopting additional standards consistent
with Section 1248.15,...
|
California Health And Safety Code Section 1250
As used in this chapter, "health facility" means any
facility, place, or building that is organized, maintained, and
operated for the diagnosis,...
|
California Health And Safety Code Section 1250.02
Article 9 (commencing with Section 70901) of Chapter 1 of
Division 5 of Title 22 of the California Code of Regulations, as
adopted to implement the...
|
California Health And Safety Code Section 1250.03
A rural general acute care hospital that does not provide
surgical and anesthesia services shall maintain written transfer
agreements with one or...
|
California Health And Safety Code Section 1250.05
(a) All general acute care hospitals licensed under this
chapter shall maintain a medical records system, based upon current
standards for medical...
|
California Health And Safety Code Section 1250.1
(a) The state department shall adopt regulations that
define all of the following bed classifications for health
facilities:
(1) General acute...
|
California Health And Safety Code Section 1250.2
(a) As defined in Section 1250, "health facility" includes
a "psychiatric health facility," defined to mean a health facility,
licensed by the State...
|
California Health And Safety Code Section 1250.3
(a) As defined in Section 1250, "health facility" includes
the following type: "Chemical dependency recovery hospital" means a
health facility that...
|
California Health And Safety Code Section 1250.4
(a) As used in this section:
(1) "Department" means the Department of Corrections or the
Department of the Youth Authority.
(2) "Communicable,...
|
California Health And Safety Code Section 1250.5
"Council" means the Advisory Health Council.
|
California Health And Safety Code Section 1250.6
Any requirement placed upon, or reference to, a corporation
in this chapter, shall also apply to a limited liability company.
|
California Health And Safety Code Section 1250.7
(a) (1) With respect to each hospital designated by the
department as a critical access hospital, and certified as such by
the Secretary of the...
|
California Health And Safety Code Section 1250.8
(a) Notwithstanding subdivision (a) of Section 127170, the
department, upon application of a general acute care hospital that
meets all the criteria...
|
California Health And Safety Code Section 1250.11
The State Department of Health Services shall develop
written guidelines and regulations as necessary to minimize the risk
of transmission of...
|
California Health And Safety Code Section 1251
"License" means a basic permit to operate a health facility
with an authorized number and classification of beds. A license
shall not be...
|
California Health And Safety Code Section 1251.3
A health facility licensed as a general acute care
hospital, providing alcohol recovery services, may convert its
licensure category to an acute...
|
California Health And Safety Code Section 1251.5
A "special permit" is a permit issued in addition to a
license, authorizing a health facility to offer one or more of the
special services specified...
|
California Health And Safety Code Section 1252
"Special service" means a functional division, department, or
unit of a health facility which is organized, staffed and equipped
to provide a...
|
California Health And Safety Code Section 1253
(a) No person, firm, partnership, association, corporation,
or political subdivision of the state, or other governmental agency
within the state...
|
California Health And Safety Code Section 1253.1
(a) Any skilled nursing facility or intermediate care
facility that on the effective date of this section is providing care
for the developmentally...
|
California Health And Safety Code Section 1253.5
(a) The State Department of Public Health, upon issuance
and renewal of a license for a general acute care hospital as defined
in subdivision (a) of...
|
California Health And Safety Code Section 1254
(a) Except as provided in subdivision (e), the state
department shall inspect and license health facilities. The state
department shall license...
|
California Health And Safety Code Section 1254.1
(a) The State Department of Mental Health shall license
psychiatric health facilities to provide their basic services
specified in Section 1250.
...
|
California Health And Safety Code Section 1254.2
(a) The state department, in addition to the licensing
duties imposed by Section 1254, shall license chemical dependency
recovery hospitals to...
|
California Health And Safety Code Section 1254.4
(a) A general acute care hospital shall adopt a policy for
providing family or next of kin with a reasonably brief period of
accommodation, as...
|
California Health And Safety Code Section 1254.5
(a) The Legislature finds and declares that the disease of
eating disorders is not simply medical or psychiatric, but involves
biological,...
|
California Health And Safety Code Section 1254.6
(a) A hospital shall provide, free of charge, information
and instructional materials regarding sudden infant death syndrome,
as described in Section
|
California Health And Safety Code Section 1254.7
(a) It is the intent of the Legislature that pain be
assessed and treated promptly, effectively, and for as long as pain
persists.
(b) Every...
|
California Health And Safety Code Section 1255
In addition to the basic services offered under the license,
a general acute care hospital may be approved in accordance with
subdivision (c) of...
|
California Health And Safety Code Section 1255.1
(a) Any hospital that provides emergency medical services
under Section 1255 shall, as soon as possible, but not later than 90
days prior to a...
|
California Health And Safety Code Section 1255.2
A health facility implementing a downgrade or change shall
make reasonable efforts to ensure that the community served by its
facility is informed of
|
California Health And Safety Code Section 1255.25
(a) (1) Not less than 30 days prior to closing a health
facility, as defined in subdivision (a) or (b) of Section 1250, or
eliminating a supplemental
|
California Health And Safety Code Section 1255.3
On or before June 30, 1999, with the state department as
the lead agency, the state department and the Emergency Medical
Services Authority, in...
|
California Health And Safety Code Section 1255.5
For purposes of Section 1255, the following definitions
apply:
(a) "Cardiac catheterization" includes an intravascular insertion
of a catheter...
|
California Health And Safety Code Section 1255.6
During cardiovascular surgery, a perfusionist, as defined
by Chapter 5.67 (commencing with Section 2590) of Division 2 of the
Business and...
|
California Health And Safety Code Section 1255.7
(a) (1) For purposes of this section, "safe-surrender site"
means either of the following:
(A) A location designated by the board of supervisors...
|
California Health And Safety Code Section 1255.8
(a) For purposes of this section, the following terms have
the following meanings:
(1) "Colonized" means that a pathogen is present on the...
|
California Health And Safety Code Section 1256
(a) The use of the name or title "hospital" by any person or
persons to identify or represent a facility for the diagnosis, care,
and treatment of...
|
California Health And Safety Code Section 1256.01
(a) The Elective Percutaneous Coronary Intervention (PCI)
Pilot Program is hereby established in the department. The purpose of
the pilot program is...
|
California Health And Safety Code Section 1256.1
No general acute care hospital shall hold itself out
directly or indirectly by any sign, brochure, or advertisement as
providing any service or...
|
California Health And Safety Code Section 1256.2
(a) (1) No general acute care hospital may promulgate
policies or implement practices that determine differing standards of
obstetrical care based...
|
California Health And Safety Code Section 1257
The state department may delegate to local health departments
the authority to verify compliance with the licensing and approval
provisions of this...
|
California Health And Safety Code Section 1257.5
(a) All registered nurses, certified nurse assistants,
licensed vocational nurses, and physicians working in skilled nursing
facilities, as defined...
|
California Health And Safety Code Section 1257.7
(a) By July 1, 1995, all hospitals licensed pursuant to
subdivisions (a), (b), and (f) of Section 1250 shall conduct a
security and safety assessment
|
California Health And Safety Code Section 1257.8
(a) All hospital employees regularly assigned to the
emergency department shall receive, by July 1, 1995, and thereafter,
on a continuing basis as...
|
California Health And Safety Code Section 1257.9
(a) (1) The department shall recommend training for general
acute care hospitals, as defined in subdivision (a) of Section 1250,
and special...
|
California Health And Safety Code Section 1258
No health facility which permits sterilization operations for
contraceptive purposes to be performed therein, nor the medical
staff of such health...
|
California Health And Safety Code Section 1259
(a) The Legislature finds and declares that California is
becoming a land of people whose languages and cultures give the state
a global quality. ...
|
California Health And Safety Code Section 1259.5
By January 1, 1995, each general acute care hospital, acute
psychiatric hospital, special hospital, psychiatric health facility,
and chemical...
|
California Health And Safety Code Section 1260
(a) Except as provided in subdivision (b), any member of the
board of directors of a nonprofit corporation that is subject to
Section 5914 of the...
|
California Health And Safety Code Section 1260.1
(a) Except as provided in subdivision (b), any member of
the board of directors of a nonprofit corporation that is subject to
Section 5920 of the...
|
California Health And Safety Code Section 1261
(a) A health facility shall allow a patient's domestic
partner, the children of the patient's domestic partner, and the
domestic partner of the...
|
California Health And Safety Code Section 1261.3
(a) Notwithstanding any other provision of law, for a
patient aged 50 years or older, a registered nurse or licensed
pharmacist may administer in a...
|
California Health And Safety Code Section 1261.5
(a) The number of oral dosage form or suppository form
drugs provided by a pharmacy to a health facility licensed pursuant
to subdivision (c) or (d),
|
California Health And Safety Code Section 1261.6
(a) (1) For purposes of this section and Section 1261.5, an
"automated drug delivery system" means a mechanical system that
performs operations or...
|
California Health And Safety Code Section 1262
(a) When a mental health patient is being discharged from one
of the facilities specified in subdivision (c), the patient and the
patient's...
|
California Health And Safety Code Section 1262.4
(a) No hospital, as defined in subdivisions (a), (b), and
(f) of Section 1250, may cause the transfer of homeless patients from
one county to another
|
California Health And Safety Code Section 1262.5
(a) Each hospital shall have a written discharge planning
policy and process.
(b) The policy required by subdivision (a) shall require that...
|
California Health And Safety Code Section 1262.6
(a) Each hospital shall provide each patient, upon
admission or as soon thereafter as reasonably practical, written
information regarding the...
|
California Health And Safety Code Section 1262.7
(a) A skilled nursing facility, as defined in subdivision
(c) of Section 1250, shall admit a patient only upon a physician's
order and only if the...
|
California Health And Safety Code Section 1262.8
(a) A noncontracting hospital shall not bill a patient who
is an enrollee of a health care service plan for poststabilization
care, except for...
|
California Health And Safety Code Section 1263
(a) This section shall be known and may be cited as the
Dementia Training Standards Act of 2001.
(b) (1) Any certified nurse assistant employed by
|
California Health And Safety Code Section 1264
(a) Any health facility licensed under Section 1250 that
provides prenatal screening ultrasound to detect congenital heart
defects shall require that
|
California Health And Safety Code Section 1265
Any person, political subdivision of the state, or
governmental agency desiring a license for a health facility,
approval for a special service under
|
California Health And Safety Code Section 1265.1
(a) An application for licensure under this chapter may be
denied by the state department if the applicant for a license has
been convicted of a...
|
California Health And Safety Code Section 1265.2
A "crime," within the meaning of this chapter, means a
violation of a law or regulation which is substantially related to
the qualifications or...
|
California Health And Safety Code Section 1265.3
(a) For any individual or entity that seeks approval to
operate or manage a health facility licensed pursuant to subdivision
(a), (b), or (f) of...
|
California Health And Safety Code Section 1265.4
(a) A licensed health facility, as defined in subdivision
(a), (b), (c), (d), (f), or (k) of Section 1250, shall employ a
full-time, part-time, or...
|
California Health And Safety Code Section 1265.5
(a) (1) Prior to the initial licensure or renewal of a
license of any person or persons to operate or manage an intermediate
care...
|
California Health And Safety Code Section 1265.6
Notwithstanding any other provision of law, a registered
nurse within his or her scope of practice may require direct care
staff in an intermediate...
|
California Health And Safety Code Section 1265.7
(a) (1) The state department shall adopt regulations for
the licensure of congregate living health facilities. The
regulations shall include minimum
|
California Health And Safety Code Section 1265.8
In addition to the requirements of this chapter, any
person, political subdivision of the state, or governmental agency
desiring a license for a...
|
California Health And Safety Code Section 1266
(a) The Licensing and Certification Division shall be
supported entirely by federal funds and special funds by no earlier
than the beginning of the...
|
California Health And Safety Code Section 1266.1
(a) Each new or renewal application for a license for a
psychiatric health facility shall be accompanied by a fee equal in
amount to the fee for an...
|
California Health And Safety Code Section 1266.5
(a) Whenever any entity required to pay fees pursuant to
Section 1266 continues to operate beyond its license expiration date,
without the Licensing...
|
California Health And Safety Code Section 1266.7
The annual Licensing and Certification Program fee for a
congregate living health facility shall be set in accordance with
Section 1266.
|
California Health And Safety Code Section 1266.9
There is hereby created in the State Treasury the State
Department of Public Health Licensing and Certification Program Fund.
The revenue collected...
|
California Health And Safety Code Section 1266.10
The amount of three million two hundred four thousand
three hundred seventy dollars ($3,204,370) is appropriated from the
General Fund to the State...
|
California Health And Safety Code Section 1266.12
(a) The annual Licensing and Certification Program fee for
a skilled nursing facility, intermediate care facility, general
acute care hospital, acute
|
California Health And Safety Code Section 1267
(a) (1) Each license issued pursuant to this chapter shall
expire 12 months from the date of its issuance and each special
permit shall expire on the
|
California Health And Safety Code Section 1267.5
(a) (1) Each applicant for a license to operate a skilled
nursing facility or intermediate care facility shall disclose to the
state department the...
|
California Health And Safety Code Section 1267.7
The State Department of Health Services and the State
Department of Developmental Services shall jointly develop and
implement licensing and Medi-Cal
|
California Health And Safety Code Section 1267.8
(a) An intermediate care facility/developmentally disabled
habilitative or an intermediate care facility/developmentally
disabled --nursing or a...
|
California Health And Safety Code Section 1267.9
(a) The Legislature hereby declares it to be the policy of
the state to prevent overconcentrations of intermediate care
facilities/development ally...
|
California Health And Safety Code Section 1267.11
Each intermediate care facility/developmentally
disabled-habilitative shall designate direct care staff persons to
supervise the direct care services
|
California Health And Safety Code Section 1267.12
No person shall be admitted, or accepted for care, or
discharged, by a congregate living health facility except upon the
order of a physician and...
|
California Health And Safety Code Section 1267.13
Pursuant to paragraph (3) of subdivision (a) and
subdivision (b) of Section 1265.7, this section shall be effective
until the adoption of permanent...
|
California Health And Safety Code Section 1267.15
Congregate living health facilities shall be freestanding,
but this does not preclude their location on the premises of a
hospital. Congregate...
|
California Health And Safety Code Section 1267.16
(a) A congregate living health facility which serves six
or fewer persons shall be considered a residential use of property
for purposes of any...
|
California Health And Safety Code Section 1267.17
Each congregate living health facility shall conspicuously
post the license, or a true copy thereof in a location accessible to
public view.
|
California Health And Safety Code Section 1267.19
Congregate living health facilities shall not be subject
to architectural plan review by the Office of Statewide Health
Planning and Development. As...
|
California Health And Safety Code Section 1268
(a) Upon the filing of the application for licensure or for a
special permit for special services and full compliance with this
chapter and the rules
|
California Health And Safety Code Section 1268.5
(a) Notwithstanding the provisions of Section 1268
requiring full compliance with this chapter and the rules and
regulations of the state department...
|
California Health And Safety Code Section 1268.6
Commencing July 1, 1997, it shall be a requirement of
initial licensure of an intermediate care facility/developmentally
disabled-habilitative or an...
|
California Health And Safety Code Section 1269
Immediately upon the denial of any application for a license
or for a special permit for special services, the state department
shall notify the...
|
California Health And Safety Code Section 1270
The provisions of this chapter do not apply to the following
institutions:
(a) Any facility conducted by and for the adherents of any...
|
California Health And Safety Code Section 1271
(a) The Legislature finds and declares that uniform
orientation and training are fundamental to ensuring a high level of
competency of state...
|
California Health And Safety Code Section 1271.1
(a) A health facility may place up to 50 percent of its
licensed bed capacity in voluntary suspension for a period not
exceeding three years, upon...
|
California Health And Safety Code Section 1271.15
(a) Notwithstanding any provision of law to the contrary,
including, but not limited to, Section 1271.1, a health facility may
do any of the...
|
California Health And Safety Code Section 1273
Members of the committee shall serve without compensation,
but shall receive the current per diem, subsistence, and travel
reimbursement paid to...
|
California Health And Safety Code Section 1274
The committee shall meet on call of the director but no less
than one time per year.
|
California Health And Safety Code Section 1275
(a) The state department shall adopt, amend, or repeal, in
accordance with Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of...
|
California Health And Safety Code Section 1275.1
(a) Notwithstanding any rules or regulations governing
other health facilities, the regulations developed by the State
Department of Mental Health...
|
California Health And Safety Code Section 1275.2
(a) Notwithstanding any rules or regulations governing
other health facilities, the regulations adopted by the state
department for chemical...
|
California Health And Safety Code Section 1275.3
(a) The State Department of Health Services and the State
Department of Developmental Services shall jointly develop and
implement licensing and...
|
California Health And Safety Code Section 1275.5
(a) The regulations relating to the licensing of hospitals,
heretofore adopted by the Department of Public Health pursuant to
Chapter 2 (commencing...
|
California Health And Safety Code Section 1275.6
(a) A health facility licensed pursuant to subdivision (a)
or (b) of Section 1250 may provide in any alternative setting health
care services and...
|
California Health And Safety Code Section 1275.7
(a) The Legislature makes the following findings and
declarations:
(1) The theft of newborn babies from hospitals is a serious
societal problem...
|
California Health And Safety Code Section 1276
(a) The building standards published in the State Building
Standards Code by the Office of Statewide Health Planning and
Development, and the...
|
California Health And Safety Code Section 1276.05
(a) The Office of Statewide Health Planning and
Development shall allow any general acute care hospital facility that
needs to relocate services on...
|
California Health And Safety Code Section 1276.1
In setting personnel standards for licensed health
facilities pursuant to Section 1276, the department may set such
standards itself or may adopt...
|
California Health And Safety Code Section 1276.2
Standards and regulations adopted by the state department
pursuant to Section 1276 shall not require the use of a registered
nurse for the...
|
California Health And Safety Code Section 1276.3
(a) The Legislature finds and declares that the citizens of
California are in danger of being injured and killed in the state's
surgical suites and...
|
California Health And Safety Code Section 1276.4
(a) By January 1, 2002, the State Department of Health
Services shall adopt regulations that establish minimum, specific,
and numerical licensed...
|
California Health And Safety Code Section 1276.5
(a) The department shall adopt regulations setting forth
the minimum number of equivalent nursing hours per patient required
in skilled nursing and...
|
California Health And Safety Code Section 1276.6
Each facility shall certify, under penalty of perjury and
to the best of their knowledge, on a form provided by the department,
that funds received...
|
California Health And Safety Code Section 1276.65
(a) For purposes of this section, the following
definitions shall apply:
(1) "Direct caregiver" means a registered nurse, as referred to in...
|
California Health And Safety Code Section 1276.7
(a) (1) On or before May 1, 2001, the department shall
determine the need, and provide subsequent recommendations, for any
increase in the minimum...
|
California Health And Safety Code Section 1276.8
Notwithstanding any other provision of law, including, but
not limited to, Section 1276, the following shall apply:
(a) As used in this code,...
|
California Health And Safety Code Section 1276.9
(a) A special treatment program service unit distinct part
shall have a minimum 2.3 nursing hours per patient per day.
(b) For purposes of this...
|
California Health And Safety Code Section 1277
(a) No license shall be issued by the state department unless
it finds that the premises, the management, the bylaws, rules and
regulations, the...
|
California Health And Safety Code Section 1278
Any officer, employee, or agent of the state department may,
upon presentation of proper identification, enter and inspect any
building or premises...
|
California Health And Safety Code Section 1278.5
(a) The Legislature finds and declares that it is the
public policy of the State of California to encourage patients,
nurses, members of the medical...
|
California Health And Safety Code Section 1279
(a) Every health facility for which a license or special
permit has been issued shall be periodically inspected by the
department, or by another...
|
California Health And Safety Code Section 1279.1
(a) A health facility licensed pursuant to subdivision (a),
(b), or (f) of Section 1250 shall report an adverse event to the
department no later than
|
California Health And Safety Code Section 1279.2
(a) (1) In any case in which the department receives a
report from a facility pursuant to Section 1279.1, or a written or
oral complaint involving a...
|
California Health And Safety Code Section 1279.3
(a) By January 1, 2015, the department shall provide
information regarding reports of substantiated adverse events
pursuant to Section 1279.1 and the
|
California Health And Safety Code Section 1279.6
(a) A health facility, as defined in subdivision (a), (b),
(c), or (f) of Section 1250, shall develop, implement, and comply
with a patient safety...
|
California Health And Safety Code Section 1279.7
(a) A health facility, as defined in subdivision (a), (b),
(c), or (f) of Section 1250, shall implement a facility-wide hand
hygiene program.
(b)...
|
California Health And Safety Code Section 1280
(a) The state department may provide consulting services upon
request to any health facility to assist in the identification or
correction of...
|
California Health And Safety Code Section 1280.1
(a) Subject to subdivision (d), prior to the effective date
of regulations adopted to implement Section 1280.3, if a licensee of
a health facility...
|
California Health And Safety Code Section 1280.15
(a) A clinic, health facility, home health agency, or
hospice licensed pursuant to Section 1204, 1250, 1725, or 1745 shall
prevent unlawful or...
|
California Health And Safety Code Section 1280.2
(a) No deficiency cited pursuant to paragraph (2) of
subdivision (b) of Section 1280 or Section 1280.1 shall be for the
failure of a facility to meet
|
California Health And Safety Code Section 1280.3
(a) Commencing on the effective date of the regulations
adopted pursuant to this section, the director may assess an
administrative penalty against a
|
California Health And Safety Code Section 1280.4
If a licensee of a health facility licensed under
subdivision (a), (b), or (f) of Section 1250 fails to report an
adverse event pursuant to Section...
|
California Health And Safety Code Section 1280.5
The state department shall accept, consider, and resolve
written appeals by a licensee or health facility administrator of
findings made upon the...
|
California Health And Safety Code Section 1280.6
In assessing an administrative penalty pursuant to Section
1280.1 or Section 1280.3 against a licensee of a health facility
licensed under...
|
California Health And Safety Code Section 1281
All public and private general acute care hospitals either
shall comply with the standards for the examination and treatment of
victims of sexual...
|
California Health And Safety Code Section 1282
(a) The state department shall have the authority to
contract for outside personnel to perform inspections of health
facilities as the need arises.
|
California Health And Safety Code Section 1283
(a) No health facility shall surrender the physical custody
of a minor under 16 years of age to any person unless such surrender
is authorized in...
|
California Health And Safety Code Section 1284
A licensed inpatient mental health facility shall be subject
to the provisions of Section 5622 of the Welfare and Institutions
Code.
|
California Health And Safety Code Section 1285
(a) No patient shall be detained in a health facility solely
for the nonpayment of a bill.
(b) For the purposes of this section, "detained" means...
|
California Health And Safety Code Section 1286
(a) Smoking shall be prohibited in patient care areas,
waiting rooms, and visiting rooms of a health facility, except those
areas specifically...
|
California Health And Safety Code Section 1288
(a) Except as provided in subdivision (b), the licensee of
each skilled nursing or intermediate care facility shall notify, in
writing, all patients...
|
California Health And Safety Code Section 1288.4
A health facility licensed under subdivision (a), (b), or
(f) of Section 1250 shall post conspicuously, in a prominent location
within the premises...
|
California Health And Safety Code Section 1288.95
(a) No later than January 1, 2010, a physician designated
as a hospital epidemiologist or infection surveillance, prevention,
and control committee...
|
California Health And Safety Code Section 1289
(a) No owner, employee, agent, or consultant of a long-term
health care facility, as defined in Section 1418, or member of his or
her immediate...
|
California Health And Safety Code Section 1289.3
(a) A long-term health care facility, as defined in Section
1418, which fails to make reasonable efforts to safeguard patient
property shall...
|
California Health And Safety Code Section 1289.4
A theft and loss program shall be implemented by the
long-term health care facilities within 90 days after January 1,
1988. The program shall...
|
California Health And Safety Code Section 1289.5
No provision of a contract of admission, which includes all
documents which a resident or his or her representative is required
to sign at the time...
|
California Health And Safety Code Section 1288.45
For purposes of this article, the following definitions
shall apply:
(a) "Advisory committee" or "HAI-AC" means the Healthcare
Associated...
|
California Health And Safety Code Section 1288.5
(a) By July 1, 2007, the department shall appoint a
Healthcare Associated Infection Advisory Committee (HAI-AC) that
shall make recommendations...
|
California Health And Safety Code Section 1288.55
(a) (1) Each health facility, as defined in paragraph (3)
of subdivision (a) of Section 1255.8, shall quarterly report all
cases of...
|
California Health And Safety Code Section 1288.6
(a) (1) Each general acute care hospital, in collaboration
with infection prevention and control professionals, and with the
participation of senior...
|
California Health And Safety Code Section 1288.7
By July 1, 2007, the department shall require that each
general acute care hospital, in accordance with the Centers for
Disease Control guidelines,...
|
California Health And Safety Code Section 1288.8
(a) By January 1, 2008, the department shall take all of
the following actions to protect against HAI in general acute care
hospitals statewide:
...
|
California Health And Safety Code Section 1288.9
By January 1, 2009, the department shall do all of the
following:
(a) Require each general acute care hospital to develop,
implement, and...
|
California Health And Safety Code Section 1276
(a) The building standards published in the State Building
Standards Code by the Office of Statewide Health Planning and
Development, and the...
|
California Health And Safety Code Section 1276.05
(a) The Office of Statewide Health Planning and
Development shall allow any general acute care hospital facility that
needs to relocate services on...
|
California Health And Safety Code Section 1276.1
In setting personnel standards for licensed health
facilities pursuant to Section 1276, the department may set such
standards itself or may adopt...
|
California Health And Safety Code Section 1276.2
Standards and regulations adopted by the state department
pursuant to Section 1276 shall not require the use of a registered
nurse for the...
|
California Health And Safety Code Section 1276.3
(a) The Legislature finds and declares that the citizens of
California are in danger of being injured and killed in the state's
surgical suites and...
|
California Health And Safety Code Section 1276.4
(a) By January 1, 2002, the State Department of Health
Services shall adopt regulations that establish minimum, specific,
and numerical licensed...
|
California Health And Safety Code Section 1276.5
(a) The department shall adopt regulations setting forth
the minimum number of equivalent nursing hours per patient required
in skilled nursing and...
|
California Health And Safety Code Section 1276.6
Each facility shall certify, under penalty of perjury and
to the best of their knowledge, on a form provided by the department,
that funds received...
|
California Health And Safety Code Section 1276.65
(a) For purposes of this section, the following
definitions shall apply:
(1) "Direct caregiver" means a registered nurse, as referred to in...
|
California Health And Safety Code Section 1276.7
(a) (1) On or before May 1, 2001, the department shall
determine the need, and provide subsequent recommendations, for any
increase in the minimum...
|
California Health And Safety Code Section 1276.8
Notwithstanding any other provision of law, including, but
not limited to, Section 1276, the following shall apply:
(a) As used in this code,...
|
California Health And Safety Code Section 1276.9
(a) A special treatment program service unit distinct part
shall have a minimum 2.3 nursing hours per patient per day.
(b) For purposes of this...
|
California Health And Safety Code Section 1277
(a) No license shall be issued by the state department unless
it finds that the premises, the management, the bylaws, rules and
regulations, the...
|
California Health And Safety Code Section 1278
Any officer, employee, or agent of the state department may,
upon presentation of proper identification, enter and inspect any
building or premises...
|
California Health And Safety Code Section 1278.5
(a) The Legislature finds and declares that it is the
public policy of the State of California to encourage patients,
nurses, members of the medical...
|
California Health And Safety Code Section 1279
(a) Every health facility for which a license or special
permit has been issued shall be periodically inspected by the
department, or by another...
|
California Health And Safety Code Section 1279.1
(a) A health facility licensed pursuant to subdivision (a),
(b), or (f) of Section 1250 shall report an adverse event to the
department no later than
|
California Health And Safety Code Section 1279.2
(a) (1) In any case in which the department receives a
report from a facility pursuant to Section 1279.1, or a written or
oral complaint involving a...
|
California Health And Safety Code Section 1279.3
(a) By January 1, 2015, the department shall provide
information regarding reports of substantiated adverse events
pursuant to Section 1279.1 and the
|
California Health And Safety Code Section 1279.6
(a) A health facility, as defined in subdivision (a), (b),
(c), or (f) of Section 1250, shall develop, implement, and comply
with a patient safety...
|
California Health And Safety Code Section 1279.7
(a) A health facility, as defined in subdivision (a), (b),
(c), or (f) of Section 1250, shall implement a facility-wide hand
hygiene program.
(b)...
|
California Health And Safety Code Section 1280
(a) The state department may provide consulting services upon
request to any health facility to assist in the identification or
correction of...
|
California Health And Safety Code Section 1280.1
(a) Subject to subdivision (d), prior to the effective date
of regulations adopted to implement Section 1280.3, if a licensee of
a health facility...
|
California Health And Safety Code Section 1280.15
(a) A clinic, health facility, home health agency, or
hospice licensed pursuant to Section 1204, 1250, 1725, or 1745 shall
prevent unlawful or...
|
California Health And Safety Code Section 1280.2
(a) No deficiency cited pursuant to paragraph (2) of
subdivision (b) of Section 1280 or Section 1280.1 shall be for the
failure of a facility to meet
|
California Health And Safety Code Section 1280.3
(a) Commencing on the effective date of the regulations
adopted pursuant to this section, the director may assess an
administrative penalty against a
|
California Health And Safety Code Section 1280.4
If a licensee of a health facility licensed under
subdivision (a), (b), or (f) of Section 1250 fails to report an
adverse event pursuant to Section...
|
California Health And Safety Code Section 1280.5
The state department shall accept, consider, and resolve
written appeals by a licensee or health facility administrator of
findings made upon the...
|
California Health And Safety Code Section 1280.6
In assessing an administrative penalty pursuant to Section
1280.1 or Section 1280.3 against a licensee of a health facility
licensed under...
|
California Health And Safety Code Section 1281
All public and private general acute care hospitals either
shall comply with the standards for the examination and treatment of
victims of sexual...
|
California Health And Safety Code Section 1282
(a) The state department shall have the authority to
contract for outside personnel to perform inspections of health
facilities as the need arises.
|
California Health And Safety Code Section 1283
(a) No health facility shall surrender the physical custody
of a minor under 16 years of age to any person unless such surrender
is authorized in...
|
California Health And Safety Code Section 1284
A licensed inpatient mental health facility shall be subject
to the provisions of Section 5622 of the Welfare and Institutions
Code.
|
California Health And Safety Code Section 1285
(a) No patient shall be detained in a health facility solely
for the nonpayment of a bill.
(b) For the purposes of this section, "detained" means...
|
California Health And Safety Code Section 1286
(a) Smoking shall be prohibited in patient care areas,
waiting rooms, and visiting rooms of a health facility, except those
areas specifically...
|
California Health And Safety Code Section 1288
(a) Except as provided in subdivision (b), the licensee of
each skilled nursing or intermediate care facility shall notify, in
writing, all patients...
|
California Health And Safety Code Section 1288.4
A health facility licensed under subdivision (a), (b), or
(f) of Section 1250 shall post conspicuously, in a prominent location
within the premises...
|
California Health And Safety Code Section 1288.95
(a) No later than January 1, 2010, a physician designated
as a hospital epidemiologist or infection surveillance, prevention,
and control committee...
|
California Health And Safety Code Section 1289
(a) No owner, employee, agent, or consultant of a long-term
health care facility, as defined in Section 1418, or member of his or
her immediate...
|
California Health And Safety Code Section 1289.3
(a) A long-term health care facility, as defined in Section
1418, which fails to make reasonable efforts to safeguard patient
property shall...
|
California Health And Safety Code Section 1289.4
A theft and loss program shall be implemented by the
long-term health care facilities within 90 days after January 1,
1988. The program shall...
|
California Health And Safety Code Section 1289.5
No provision of a contract of admission, which includes all
documents which a resident or his or her representative is required
to sign at the time...
|
California Health And Safety Code Section 1290
(a) Except as provided in subdivision (b) or (c), any person
who violates this chapter or Section 127050 or 128600, or who
willfully or repeatedly...
|
California Health And Safety Code Section 1291
The director may bring an action to enjoin the violation or
threatened violation of Section 1253 in the superior court in and for
the county in which
|
California Health And Safety Code Section 1292
Any action brought by the director against a health facility
shall not abate by reason of a sale or other transfer of ownership of
the health...
|
California Health And Safety Code Section 1293
The district attorney of every county shall, upon application
by the state department or its authorized representative, institute
and conduct the...
|
California Health And Safety Code Section 1293.2
It is a misdemeanor for any person to do any of the
following:
(a) Willfully prevent, interfere with, or attempt to impede in any
way the work of...
|
California Health And Safety Code Section 1294
The state department may suspend or revoke any license or
special permit issued under the provisions of this chapter upon any
of the following...
|
California Health And Safety Code Section 1294.5
The department may suspend or revoke any license or special
permit issued under the provisions of this chapter if the licensee
or holder of a special
|
California Health And Safety Code Section 1295
Proceedings for the suspension, revocation, or denial of
licenses or special permits under this chapter shall be conducted in
accordance with Section
|
California Health And Safety Code Section 1296
The director may temporarily suspend any license or special
permit prior to any hearing, when in his or her opinion the action is
necessary to...
|
California Health And Safety Code Section 1297
The withdrawal of an application for a license or a special
permit after it has been filed with the state department shall not,
unless the state...
|
California Health And Safety Code Section 1298
(a) (1) No person, firm, partnership, association,
corporation, political subdivision of the state, or other
governmental agency within the state...
|
California Health And Safety Code Section 1300
(a) Any licensee or holder of a special permit may, with the
approval of the state department, surrender his or her license or
special permit for...
|
California Health And Safety Code Section 1305
(a) Every insurer providing professional liability insurance
to a health facility licensed pursuant to this chapter and every
health facility or...
|
California Health And Safety Code Section 1306
Notwithstanding any other provision of law, no insurer shall
enter into a settlement exceeding three thousand dollars ($3,000) to
settle a claim or...
|
California Health And Safety Code Section 1307
The state department shall keep a record of all reports made
pursuant to Section 1305.
|
California Health And Safety Code Section 1308
The state department shall notify every health facility
licensed pursuant to this chapter and every insurer providing
professional liability...
|
California Health And Safety Code Section 1312
Before a person who is required to register as a sex offender
under Section 290 of the Penal Code is released into a long-term
health care facility,...
|
California Health And Safety Code Section 1315
Dental services, as defined in the Dental Practice Act, may
be provided patients in health facilities licensed under this
chapter. Such services...
|
California Health And Safety Code Section 1316
(a) The rules of a health facility shall include provisions
for use of the facility by, and staff privileges for, duly licensed
podiatrists within...
|
California Health And Safety Code Section 1316.5
(a) (1) Each health facility owned and operated by the
state offering care or services within the scope of practice of a
psychologist shall establish
|
California Health And Safety Code Section 1316.6
Notwithstanding any other provision of this chapter, the
exercise of privileges in any health facility may be limited,
restricted, or revoked for the
|
California Health And Safety Code Section 1317
(a) Emergency services and care shall be provided to any
person requesting the services or care, or for whom services or care
is requested, for any...
|
California Health And Safety Code Section 1317.1
Unless the context otherwise requires, the following
definitions shall control the construction of this article and
Section 1371.4:
(a) (1)...
|
California Health And Safety Code Section 1317.1
Unless the context otherwise requires, the following
definitions shall control the construction of this article and
Section 1371.4:
(a) (1)...
|
California Health And Safety Code Section 1317.2
No person needing emergency services and care may be
transferred from a hospital to another hospital for any nonmedical
reason (such as the person's
|
California Health And Safety Code Section 1317.2a
(a) A hospital which has a legal obligation, whether
imposed by statute or by contract, to the extent of that contractual
obligation, to any...
|
California Health And Safety Code Section 1317.3
(a) As a condition of licensure, each hospital shall adopt,
in consultation with the medical staff, policies and transfer
protocols consistent with...
|
California Health And Safety Code Section 1317.4
(a) All hospitals shall maintain records of each transfer
made or received, including the "Memorandum of Transfer" described in
subdivision (f) of...
|
California Health And Safety Code Section 1317.5
(a) All alleged violations of this article and the
regulations adopted hereunder shall be investigated by the state
department. The state...
|
California Health And Safety Code Section 1317.5
(a) All alleged violations of this article and the
regulations adopted hereunder shall be investigated by the state
department. The state...
|
California Health And Safety Code Section 1317.6
(a) Hospitals found by the state department to have
committed or to be responsible for a violation of this article or the
regulations adopted...
|
California Health And Safety Code Section 1317.7
This article does not preempt any county or any other
governmental agency acting within its authority from regulating
emergency care or patient...
|
California Health And Safety Code Section 1317.8
If any provision of this article is declared unlawful or
unconstitutional in any judicial action, the remaining provisions of
this chapter shall...
|
California Health And Safety Code Section 1317.9a
(a) This article shall not be construed as altering or
repealing Section 2400 of the Business and Professions Code.
(b) Nothing in Sections 1317...
|
California Health And Safety Code Section 1318
(a) The director shall require as a condition precedent to
the issuance, or renewal, of any license for a health facility, if
the licensee handles or
|
California Health And Safety Code Section 1319
The rules of a health facility may include provisions that
require every member of the medical staff to have professional
liability insurance as a...
|
California Health And Safety Code Section 1320
A skilled nursing facility or intermediate care facility
shall not require patients to purchase drugs, or rent or purchase
medical supplies or...
|
California Health And Safety Code Section 1321
No health facility shall advertise or represent in any way
that it provides occupational therapy services unless such services
are provided under the
|
California Health And Safety Code Section 1322
A hospital which contracts with an insurer, nonprofit
hospital service plan, or health care service plan shall not
determine or condition medical...
|
California Health And Safety Code Section 1323
(a) A health facility, as defined by subdivisions (c) to (g),
inclusive, of Section 1250, which has a significant beneficial
interest in an ancillary
|
California Health And Safety Code Section 1324
For purposes of this article, the following definitions shall
apply:
(a) (1) "Gross receipts" means gross receipts paid as compensation
for...
|
California Health And Safety Code Section 1324.2
(a) As a condition for participation in the Medi-Cal
program, there shall be imposed each state fiscal year upon the
entire gross receipts of a...
|
California Health And Safety Code Section 1324.4
(a) On or before August 31 of each year, each designated
intermediate care facility subject to Section 1324.2 shall report to
the department, in a...
|
California Health And Safety Code Section 1324.6
(a) The Director of Health Services, or his or her
designee, shall administer this article.
(b) The director may adopt regulations as are...
|
California Health And Safety Code Section 1324.8
The quality assurance fee assessed and collected pursuant
to this article shall be deposited in the General Fund.
|
California Health And Safety Code Section 1324.10
In addition to the rate of payment that an eligible
facility would otherwise receive for intermediate care facility
services provided to Medi-Cal...
|
California Health And Safety Code Section 1324.12
(a) (1) The department shall seek approval from the
federal Centers for Medicare and Medicaid Services for the
implementation of this article.
(2)
|
California Health And Safety Code Section 1324.14
In implementing this article, the department may utilize
the services of the Medi-Cal fiscal intermediary through a change
order to the fiscal...
|
California Health And Safety Code Section 1324.20
For purposes of this article, the following definitions
shall apply:
(a) "Continuing care retirement community" means a provider of a
continuum of
|
California Health And Safety Code Section 1324.21
(a) For facilities licensed under subdivision (c) of
Section 1250, there shall be imposed each state fiscal year a uniform
quality assurance fee per...
|
California Health And Safety Code Section 1324.22
(a) The quality assurance fee, as calculated pursuant to
Section 1324.21, shall be paid by the provider to the department for
deposit in the State...
|
California Health And Safety Code Section 1324.23
(a) The Director of Health Care Services, or his or her
designee, shall administer this article.
(b) The director may adopt regulations as are...
|
California Health And Safety Code Section 1324.24
The quality assurance fee assessed and collected pursuant
to this article shall be deposited in the State Treasury.
|
California Health And Safety Code Section 1324.25
The funds assessed pursuant to this article shall be
available to enhance federal financial participation in the Medi-Cal
program or to provide...
|
California Health And Safety Code Section 1324.26
In implementing this article, the department may utilize
the services of the Medi-Cal fiscal intermediary through a change
order to the fiscal...
|
California Health And Safety Code Section 1324.27
(a) (1) The department shall request approval from the
federal Centers for Medicare and Medicaid Services for the
implementation of this article. In...
|
California Health And Safety Code Section 1324.28
(a) This article shall be implemented as long as both of
the following conditions are met:
(1) The state receives federal approval of the quality...
|
California Health And Safety Code Section 1324.29
The quality assurance fee shall cease to be assessed and
collected on or after July 31, 2011.
|
California Health And Safety Code Section 1324.30
This article shall become inoperative on July 31, 2011,
and, as of January 1, 2012, is repealed, unless a later enacted
statute, that becomes...
|
California Health And Safety Code Section 1325
The Legislature finds and declares that the transfer trauma
which accompanies the abrupt and involuntary transfer of patients
from one nursing home...
|
California Health And Safety Code Section 1325.5
(a) It is the intent of the Legislature in enacting this
section to empower the state department to take quick, effective
action to protect the...
|
California Health And Safety Code Section 1326
As used in this article, "long-term health care facility"
means any skilled nursing facility, intermediate care facility,
intermediate care...
|
California Health And Safety Code Section 1327
(a) Whenever circumstances exist indicating that continued
management of a long-term health care facility by the current
licensee would present a...
|
California Health And Safety Code Section 1327.1
The state department shall investigate within 30 days of
receipt of a complaint alleging that circumstances permitting a
petition for receivership...
|
California Health And Safety Code Section 1327.2
In the event that the state department proceeds with a
receivership petition, the state department shall hold an
informational meeting in the...
|
California Health And Safety Code Section 1327.3
Subdivision (b) of Section 1327 shall not be construed to
prohibit the state department from including on its list of qualified
receivers a...
|
California Health And Safety Code Section 1327.5
No person shall impede the operation of a receivership
created under Section 1327. There shall be an automatic stay for a
60-day period subsequent...
|
California Health And Safety Code Section 1328
(a) Notwithstanding any other provision of law, the receiver
shall be liable only for damages resulting from gross negligence in
the operation of the
|
California Health And Safety Code Section 1329
(a) When a receiver is appointed, the licensee may, at the
discretion of the court, be divested of possession and control of the
facility in favor of
|
California Health And Safety Code Section 1329.5
(a) A receiver may not be required to honor any lease,
mortgage, or secured transaction entered into by the licensee of the
facility and another...
|
California Health And Safety Code Section 1330
A monthly accounting shall be made by the receiver to the
state department of all moneys received and expended by the receiver
on or before the 15th...
|
California Health And Safety Code Section 1331
(a) The receiver shall be appointed for an initial period of
not more than six months. The initial six-month period may be
extended for additional...
|
California Health And Safety Code Section 1332
The salary of the receiver shall be set by the court
commensurate with long-term health care facility industry standards,
giving due consideration to
|
California Health And Safety Code Section 1333
(a) To the extent state funds are advanced for the salary of
the receiver or for other expenses in connection with the
receivership, as limited by...
|
California Health And Safety Code Section 1334
(a) Nothing in this article shall impair the right of the
owner of a long-term health care facility to dispose of his or her
property interests in...
|
California Health And Safety Code Section 1335
The state department shall adopt regulations for the
administration of this article. Nothing in this article shall impair
the authority of the state
|
California Health And Safety Code Section 1336
Notwithstanding any other provisions of law, a long-term
health care facility shall give written notice to the affected
patients or to the guardians...
|
California Health And Safety Code Section 1336.1
(a) After notifying its affected patients, the facility
shall, in response to inquiries made by prospective patients or their
representatives,...
|
California Health And Safety Code Section 1336.2
(a) Before residents are transferred due to any change in
the status of the license or operation of a facility, including a
facility closure or...
|
California Health And Safety Code Section 1336.3
(a) In the event of an emergency, such as earthquake, fire,
or flood which threatens the safety or welfare of patients in a
facility, the facility...
|
California Health And Safety Code Section 1336.4
Failure to comply with the requirements in Sections 1336 to
1336.3, inclusive, shall be subject to issuance of citations and
imposition of civil...
|
California Health And Safety Code Section 1337
(a) The Legislature finds that the quality of patient care in
skilled nursing and intermediate care facilities is dependent upon
the competence of...
|
California Health And Safety Code Section 1337.1
A skilled nursing or intermediate care facility shall adopt
an approved training program that meets standards established by the
state department. ...
|
California Health And Safety Code Section 1337.2
(a) An applicant for certification as a certified nurse
assistant shall comply with each of the following:
(1) Be at least 16 years of age.
(2)
|
California Health And Safety Code Section 1337.3
(a) The state department shall prepare and maintain a list
of approved training programs for nurse assistant certification. The
list shall include...
|
California Health And Safety Code Section 1337.4
Every skilled nursing or intermediate care facility shall
designate a licensed nurse as a director of staff development who
shall be responsible for...
|
California Health And Safety Code Section 1337.5
(a) Approved training programs shall be conducted during
the normal working hours of the nurse assistant unless the nurse
assistant receives at least
|
California Health And Safety Code Section 1337.6
(a) Certificates issued under this article shall be renewed
every two years and renewal shall be conditional upon the occurrence
of all of the...
|
California Health And Safety Code Section 1337.8
(a) The state department shall investigate complaints
concerning misconduct by certified nurse assistants and may take
disciplinary action pursuant...
|
California Health And Safety Code Section 1337.9
(a) (1) The state department may deny an application for,
initiate an action to suspend or revoke a certificate for, or deny a
training and...
|
California Health And Safety Code Section 1338
(a) The state department shall, through the Medi-Cal program,
provide rate adjustments to skilled nursing or intermediate care
facilities for the...
|
California Health And Safety Code Section 1338.1
The state department shall assign sufficient qualified
employees to supervise and evaluate training programs required by
this article.
|
California Health And Safety Code Section 1338.2
(a) The state department shall convene a work group to
develop recommendations to the department on ways to expand the
availability of training...
|
California Health And Safety Code Section 1338.3
The State Director of Health Services may adopt emergency
regulations pursuant to Chapter 3.5 (commencing with Section 11340)
of Part 1 of Division 3
|
California Health And Safety Code Section 1338.5
(a) (1) (A) A criminal record clearance shall be conducted
for all nurse assistants by the submission of fingerprint images and
related information...
|
California Health And Safety Code Section 1339
The Legislature hereby finds and declares that:
(a) In many areas, small, rural general acute care hospitals are
experiencing financial...
|
California Health And Safety Code Section 1339.3
It is, therefore, the intent of the Legislature to
designate certain general acute care hospitals as primary health
service hospitals, which will...
|
California Health And Safety Code Section 1339.5
As used in this article, unless otherwise indicated:
(a) "Health systems agency" means a health systems agency
established pursuant to Public Law...
|
California Health And Safety Code Section 1339.7
The state department shall administer the program
authorized in this article. In administering the program, the state
department shall do all of the
|
California Health And Safety Code Section 1339.8
The Office of Statewide Health Planning and Development
shall review and approve the number of swing beds that may be
designated pursuant to...
|
California Health And Safety Code Section 1339.9
(a) The state department may request and maintain
employment information for nurse assistants and direct care staff of
intermediate care...
|
California Health And Safety Code Section 1339.9
(a) The state department may request and maintain
employment information for nurse assistants and direct care staff of
intermediate care...
|
California Health And Safety Code Section 1339.11
Health systems agencies shall do all of the following:
(a) Verify information in the health service plan received from
hospitals in their...
|
California Health And Safety Code Section 1339.13
Any primary health service hospital, or any group thereof,
may submit a health service plan to the state department when a
public meeting, which...
|
California Health And Safety Code Section 1339.15
A primary health service hospital may request waivers
pursuant to subdivision (d) of Section 1339.7, and Section 1339.25,
authorization for swing...
|
California Health And Safety Code Section 1339.17
A primary health service hospital may amend its health
service plan. Such amendments shall be subject to the provisions of
subdivision (c) of...
|
California Health And Safety Code Section 1339.19
The primary health service hospital shall operate under
the following requirements:
(a) The primary health service hospital shall be subject to...
|
California Health And Safety Code Section 1339.21
(a) In accordance with the procedures prescribed in
subdivision (h) of Section 1339.7, the state department shall
terminate a hospital's health...
|
California Health And Safety Code Section 1339.25
Implementation of this article shall be consistent with
federal rules and regulations in effect on January 1, 1979, and as
adopted on or after such...
|
California Health And Safety Code Section 1339.30
A Special Hospital: Hospice Pilot Project is hereby
created. This pilot project shall be established and administered by
the department, and shall...
|
California Health And Safety Code Section 1339.31
For the purposes of this article, the following
definitions shall apply:
(a) "Hospice" means a specialized form of multidisciplinary health
care...
|
California Health And Safety Code Section 1339.32
A special hospital: hospice shall be deemed to provide
acute palliative care. All patients receiving inpatient care in a
Special Hospital: Hospice...
|
California Health And Safety Code Section 1339.33
Notwithstanding any other provisions of law, in order to
be licensed as a special hospital: hospice, each project facility
shall meet the...
|
California Health And Safety Code Section 1339.34
(a) Each facility that is part of the project shall report
to the Legislature at the end of each year of operation on all of
the following factors:
|
California Health And Safety Code Section 1339.35
The project shall commence on January 1, 1990. However,
the State Department of Health Services may establish an earlier
commencement date for any...
|
California Health And Safety Code Section 1339.36
The fee for each new or renewal application for a license
for a Special Hospital: Hospice Pilot Project facility shall be the
annual fee as set forth
|
California Health And Safety Code Section 1339.50
This article shall be known and may be cited as the Payers'
Bill of Rights.
|
California Health And Safety Code Section 1339.51
(a) (1) Beginning July 1, 2004, a hospital, as defined in
paragraph (2) of subdivision (b), shall make a written or electronic
copy of its charge...
|
California Health And Safety Code Section 1339.52
A hospital may not condition acceptance of a contract with
a health care service plan or health insurer upon the health care
service plan or health...
|
California Health And Safety Code Section 1339.54
Any person may file a claim with the department alleging a
violation of this article. The department shall investigate and
inform the complaining...
|
California Health And Safety Code Section 1339.55
(a) Beginning July 1, 2004, each hospital shall file a
copy of its charge description master annually with the office, in a
format determined by the...
|
California Health And Safety Code Section 1339.56
(a) Each hospital shall compile a list of 25 common
outpatient procedures and shall submit annually to the office a list
of its average charges for...
|
California Health And Safety Code Section 1339.58
Any information provided by the office on its Internet Web
site pursuant to Section 1339.56 or 1339.57 may inform persons where
quality of care...
|
California Health And Safety Code Section 1339.585
Upon the request of a person without health coverage, a
hospital shall provide the person with a written estimate of the
amount the hospital will...
|
California Health And Safety Code Section 1339.59
(a) A hospital shall be in violation of this article if it
knowingly or negligently fails to comply with the requirements of
this article.
(b) A...
|
California Health And Safety Code Section 1339.63
(a) (1) As a condition of licensure under this division,
every general acute care hospital, as defined in subdivision (a) of
Section 1250, special...
|
California Health And Safety Code Section 1339.70
Notwithstanding any other provision of law, a county may
by ordinance establish a department of the county which may combine
in the department any or
|
California Health And Safety Code Section 1339.80
Hospitals and other providers are not required to post,
send, deliver, or otherwise provide the statement described in
paragraph (1) of subdivision...
|
California Health And Safety Code Section 1339.81
For purposes of this chapter, "provider" means any
professional person, organization, health facility, or other person
or institution licensed by the
|
California Health And Safety Code Section 1340
This chapter shall be known and may be cited as the
Knox-Keene Health Care Service Plan Act of 1975.
|
California Health And Safety Code Section 1341
(a) There is in state government, in the Business,
Transportation and Housing Agency, a Department of Managed Health
Care that has charge of the...
|
California Health And Safety Code Section 1341.1
The director shall have his or her principal office in the
City of Sacramento, and may establish branch offices in the City and
County of San...
|
California Health And Safety Code Section 1341.2
In accordance with the laws governing the state civil
service, the director shall employ and, with the approval of the
Department of Finance, fix the
|
California Health And Safety Code Section 1341.3
The director shall adopt a seal bearing the inscription:
"Director, Department of Managed Health Care, State of California."
The seal shall be...
|
California Health And Safety Code Section 1341.4
(a) In order to effectively support the Department of
Managed Health Care in the administration of this law, there is
hereby established in the State
|
California Health And Safety Code Section 1341.45
(a) There is hereby created in the State Treasury the
Managed Care Administrative Fines and Penalties Fund.
(b) The fines and administrative...
|
California Health And Safety Code Section 1341.5
(a) The director, as a general rule, shall publish or make
available for public inspection any information filed with or
obtained by the department,...
|
California Health And Safety Code Section 1341.6
(a) The Attorney General shall render to the director
opinions upon all questions of law, relating to the construction or
interpretation of any law...
|
California Health And Safety Code Section 1341.7
(a) Neither the director nor any of the director's
assistants, clerks, or deputies shall be interested as a director,
officer, shareholder, member...
|
California Health And Safety Code Section 1341.8
The director shall have the powers of a head of a
department pursuant to Chapter 2 (commencing with Section 11150) of
Part 1 of Division 3 of Title 2
|
California Health And Safety Code Section 1341.9
The director and department succeed to, and are vested
with, all duties, powers, purposes, responsibilities, and
jurisdiction of the Commissioner of...
|
California Health And Safety Code Section 1341.10
The department may use the unexpended balance of funds
available for use in connection with the performance of the functions
of the Department of...
|
California Health And Safety Code Section 1341.11
All officers and employees of the Department of
Corporations who, on the operative date of this section, are
performing any duty, power, purpose,...
|
California Health And Safety Code Section 1341.12
The department shall have possession and control of all
records, papers, offices, equipment, supplies, moneys, funds,
appropriations, licenses,...
|
California Health And Safety Code Section 1341.13
All officers or employees of the department employed after
the operative date of this section shall be appointed by the
director.
|
California Health And Safety Code Section 1341.14
(a) Any regulation, order, or other action, adopted,
prescribed, taken, or performed by the Department of Corporations or
by an officer of the...
|
California Health And Safety Code Section 1342
It is the intent and purpose of the Legislature to promote
the delivery and the quality of health and medical care to the people
of the State of...
|
California Health And Safety Code Section 1342.4
(a) The Department of Managed Health Care and the
Department of Insurance shall maintain a joint senior level working
group to ensure clarity for...
|
California Health And Safety Code Section 1342.5
The director shall consult with the Insurance Commissioner
prior to adopting any regulations applicable to health care service
plans subject to this...
|
California Health And Safety Code Section 1342.6
It is the intent of the Legislature to ensure that the
citizens of this state receive high-quality health care coverage in
the most efficient and...
|
California Health And Safety Code Section 1342.7
(a) The Legislature finds that in enacting Sections
1367.215, 1367.25, 1367.45, 1367.51, and 1374.72, it did not intend
to limit the department's...
|
California Health And Safety Code Section 1342.8
The State Department of Health Services and the department
shall coordinate, to the extent feasible, audits or surveys of
physician offices required...
|
California Health And Safety Code Section 1343
(a) This chapter shall apply to health care service plans and
specialized health care service plan contracts as defined in
subdivisions (f) and (o)...
|
California Health And Safety Code Section 1343.1
This chapter shall not apply to any program developed under
the authority of Chapter 8.75 (commencing with Section 14590) of
Part 3 of Division 9 of...
|
California Health And Safety Code Section 1343.5
In any proceeding under this chapter, the burden of proving
an exemption or an exception from a definition is upon the person
claiming it.
|
California Health And Safety Code Section 1344
(a) The director may from time to time adopt, amend, and
rescind such rules, forms, and orders as are necessary to carry out
the provisions of this...
|
California Health And Safety Code Section 1345
As used in this chapter:
(a) "Advertisement" means any written or printed communication or
any communication by means of recorded telephone...
|
California Health And Safety Code Section 1346
(a) The director shall administer and enforce this chapter
and shall have the following powers:
(1) Recommend and propose the enactment of any...
|
California Health And Safety Code Section 1346.1
The department shall maintain a database indicating for
each county, the names of the health care service plans that operate
in that particular...
|
California Health And Safety Code Section 1346.4
(a) The Legislature finds and declares all of the
following:
(1) That millions of Californians are insured under health care
service plans...
|
California Health And Safety Code Section 1346.5
If the director determines that an entity purporting to be
a health care service plan exempt from the provisions of Section 740
of the Insurance Code
|
California Health And Safety Code Section 1347.15
(a) There is hereby established in the Department of
Managed Health Care the Financial Solvency Standards Board composed
of eight members. The...
|
California Health And Safety Code Section 1348
(a) Every health care service plan licensed to do business in
this state shall establish an antifraud plan. The purpose of the
antifraud plan shall...
|
California Health And Safety Code Section 1348.6
(a) No contract between a health care service plan and a
physician, physician group, or other licensed health care
practitioner shall contain any...
|
California Health And Safety Code Section 1348.8
(a) Every health care service plan that provides, operates,
or contracts for telephone medical advice services to its enrollees
and subscribers shall
|
California Health And Safety Code Section 1348.8
(a) Every health care service plan that provides, operates,
or contracts for telephone medical advice services to its enrollees
and subscribers shall
|
California Health And Safety Code Section 1348.9
(a) On or before July 1, 2003, the director shall adopt
regulations to establish the Consumer Participation Program, which
shall allow for the...
|
California Health And Safety Code Section 1349
It is unlawful for any person to engage in business as a plan
in this state or to receive advance or periodic consideration in
connection with a plan
|
California Health And Safety Code Section 1349.1
A health care service plan which satisfies both of the
following criteria is exempt from Section 1349:
(a) Provides only emergency ambulance...
|
California Health And Safety Code Section 1349.2
(a) A health care service plan, including a self-insured
reimbursement plan that pays for or reimburses any part of the cost
of health care services,
|
California Health And Safety Code Section 1350
(a) Consistent with federal law, a sponsor of a prescription
drug plan authorized by the federal Medicare Prescription Drug,
Improvement, and...
|
California Health And Safety Code Section 1351
Each application for licensure as a health care service plan
or specialized health care service plan under this chapter shall be
verified by an...
|
California Health And Safety Code Section 1351.1
In addition to the requirements of Section 1351 and upon
request of the director, each application shall be accompanied by
authorization for...
|
California Health And Safety Code Section 1351.2
(a) If a prepaid health plan operating lawfully under the
laws of Mexico elects to operate a health care service plan in this
state, the prepaid...
|
California Health And Safety Code Section 1351.3
On and after January 1, 2007, the department, in
considering an application for an initial license for any entity
under this chapter, shall consider...
|
California Health And Safety Code Section 1352
(a) A licensed plan shall, within 30 days after any change in
the information contained in its application, other than financial
or statistical...
|
California Health And Safety Code Section 1352.1
(a) Except as provided in subdivision (b), no plan shall
enter into any new or modified plan contract or publish or
distribute, or allow to be...
|
California Health And Safety Code Section 1353
The director shall issue a license to any person filing an
application pursuant to this article, if the director, upon due
consideration of the...
|
California Health And Safety Code Section 1354
Upon denial of application for licensure, or the issuance of
an order pursuant to Section 1352 disapproving, suspending, or
postponing a material...
|
California Health And Safety Code Section 1355
Every plan's license issued under this chapter shall remain
in effect until revoked or suspended by the director, except that
every transitional...
|
California Health And Safety Code Section 1356
(a) Each plan applying for licensure under this chapter shall
reimburse the director for the actual cost of processing the
application, including...
|
California Health And Safety Code Section 1356.1
Notwithstanding subdivision (f) of Section 1356, as amended
by Section 2.5 of Chapter 722 of the Statutes of 1991, and
subdivision (d) of Section...
|
California Health And Safety Code Section 1357
As used in this article:
(a) "Dependent" means the spouse or child of an eligible employee,
subject to applicable terms of the health care plan...
|
California Health And Safety Code Section 1357.01
Every health care service plan offering plan contracts to
small employer groups shall in addition to complying with the
provisions of this chapter...
|
California Health And Safety Code Section 1357.02
(a) A health care service plan providing or arranging for
the provision of basic health care services to small employers shall
be subject to this...
|
California Health And Safety Code Section 1357.025
Nothing in this article shall be construed to preclude
the application of this chapter to either of the following:
(a) An association, trust, or...
|
California Health And Safety Code Section 1357.03
(a) Upon the effective date of this article, a plan shall
fairly and affirmatively offer, market, and sell all of the plan's
health care service plan
|
California Health And Safety Code Section 1357.035
(a) Between July 26, 1993, and October 24, 1993, as well
as 60 days prior to the expiration of an existing plan contract that
expires prior to July...
|
California Health And Safety Code Section 1357.04
(a) After a small employer submits a completed application
form for a plan contract, the plan shall, within 30 days, notify the
employer of the...
|
California Health And Safety Code Section 1357.05
Except in the case of a late enrollee, or for satisfaction
of a preexisting condition clause in the case of initial coverage of
an eligible employee,
|
California Health And Safety Code Section 1357.06
(a) Preexisting condition provisions of a plan contract
shall not exclude coverage for a period beyond six months following
the individual's...
|
California Health And Safety Code Section 1357.07
No plan contract may exclude late enrollees from coverage
for more than 12 months from the date of the late enrollees
application for coverage. No...
|
California Health And Safety Code Section 1357.08
All health care service plan contracts offered to a small
employer shall provide to subscribers and enrollees at least all of
the basic health care...
|
California Health And Safety Code Section 1357.09
No plan shall be required to offer a health care service
plan contract or accept applications for the contract pursuant to
this article in the case...
|
California Health And Safety Code Section 1357.10
The director may require a plan to discontinue the
offering of contracts or acceptance of applications from any small
employer or group with more...
|
California Health And Safety Code Section 1357.11
All health care service plan contracts offered to a small
employer shall be renewable with respect to all eligible employees or
dependents at the...
|
California Health And Safety Code Section 1357.12
Premiums for contracts offered or delivered by plans on or
after the effective date of this article shall be subject to the
following requirements:
|
California Health And Safety Code Section 1357.13
Plans shall apply standard employee risk rates
consistently with respect to all small employers.
|
California Health And Safety Code Section 1357.14
In connection with the offering for sale of any plan
contract to a small employer, each plan shall make a reasonable
disclosure, as part of its...
|
California Health And Safety Code Section 1357.15
(a) At least 20 business days prior to renewing or
amending a plan contract subject to this article which will be in
force on the operative date of...
|
California Health And Safety Code Section 1357.16
(a) Health care service plans may enter into contractual
agreements with qualified associations, as defined in subdivision
(b), under which these...
|
California Health And Safety Code Section 1357.17
The director may issue regulations that are necessary to
carry out the purposes of this article. Prior to the public comment
period required on the...
|
California Health And Safety Code Section 1357.50
For purposes of this article:
(a) "Health benefit plan" means any individual or group insurance
policy or health care service plan contract that...
|
California Health And Safety Code Section 1357.51
(a) No plan contract that covers three or more enrollees
shall exclude coverage for any individual on the basis of a
preexisting condition provision...
|
California Health And Safety Code Section 1357.52
Except in the case of a late enrollee, or for satisfaction
of a preexisting condition clause in the case of initial coverage of
an eligible employee,
|
California Health And Safety Code Section 1357.53
All group health benefit plans shall be renewable with
respect to the contractholder or employer except as follows:
(a) For nonpayment of the...
|
California Health And Safety Code Section 1357.54
All individual health benefit plans, except for short-term
limited duration insurance, shall be renewable with respect to all
eligible individuals or
|
California Health And Safety Code Section 1358.1
Every health care service plan that offers any contract
that primarily or solely supplements Medicare or that is advertised
or represented as a...
|
California Health And Safety Code Section 1358.2
The purpose of this article is to provide for the
reasonable standardization of coverage and simplification of terms
and benefits of Medicare...
|
California Health And Safety Code Section 1358.3
(a) Except as otherwise provided in this section or in
Sections 1358.7, 1358.12, 1358.13, 1358.16, and 1358.21, this article
shall apply to all group
|
California Health And Safety Code Section 1358.4
The following definitions apply for the purposes of this
article:
(a) "Applicant" means:
(1) An individual enrollee who seeks to contract for...
|
California Health And Safety Code Section 1358.5
(a) A contract shall not be advertised, solicited, or
issued for delivery as a Medicare supplement contract unless the
contract contains definitions...
|
California Health And Safety Code Section 1358.6
(a) (1) Except for permitted preexisting condition clauses
as described in Sections 1358.7 and 1358.8, a contract shall not be
advertised, solicited,
|
California Health And Safety Code Section 1358.7
A contract shall not be advertised, solicited, or issued
for delivery as a Medicare supplement contract prior to January 1,
2001, unless it meets or...
|
California Health And Safety Code Section 1358.8
The following standards are applicable to all Medicare
supplement contracts advertised, solicited, or issued for delivery on
or after January 1,...
|
California Health And Safety Code Section 1358.9
(a) An issuer shall make available to each prospective
enrollee a contract form containing only the basic (core) benefits,
as defined in subdivision...
|
California Health And Safety Code Section 1358.10
(a) (1) This section shall apply to Medicare Select
contracts, as defined in this section.
(2) A contract shall not be advertised as a Medicare...
|
California Health And Safety Code Section 1358.11
(a) (1) An issuer shall not deny or condition the offering
or effectiveness of any Medicare supplement contract available for
sale in this state, nor
|
California Health And Safety Code Section 1358.12
(a) (1) With respect to the guaranteed issue of a Medicare
supplement contract, eligible persons are those individuals
described in subdivision (b)...
|
California Health And Safety Code Section 1358.13
(a) An issuer shall comply with Section 1882(c)(3) of the
federal Social Security Act (as enacted by Section 4081(b)(2)(C) of
the federal Omnibus...
|
California Health And Safety Code Section 1358.14
(a) (1) (A) With respect to loss ratio standards, a
Medicare supplement contract shall not be advertised, solicited, or
issued for delivery unless
|
California Health And Safety Code Section 1358.145
(a) The calculation of actual or expected loss ratios
shall be pursuant to the formula in subdivision (a) of Section
1358.14, and pursuant to...
|
California Health And Safety Code Section 1358.146
The following format shall be used for reporting loss
ratio experience:
MEDICARE SUPPLEMENT
HEALTH CARE SERVICE PLAN
CONTRACT EXPERIENCE EXHIBIT
For...
|
California Health And Safety Code Section 1358.15
(a) An issuer shall not advertise, solicit, or issue for
delivery a Medicare supplement contract to a resident of this state
unless the contract has...
|
California Health And Safety Code Section 1358.16
(a) An issuer or other entity may provide a commission or
other compensation to a solicitor or other representative for the
sale of a Medicare...
|
California Health And Safety Code Section 1358.17
(a) (1) Medicare supplement contracts shall include a
renewal or continuation provision. The language or specifications of
the provision shall be...
|
California Health And Safety Code Section 1358.18
In the interest of full and fair disclosure, and to assure
the availability of necessary consumer information to potential
subscribers or enrollees...
|
California Health And Safety Code Section 1358.19
An issuer shall provide a copy of any Medicare supplement
advertisement intended for use in this state whether through written,
radio, or television...
|
California Health And Safety Code Section 1358.20
(a) An issuer, directly or through solicitors or other
representatives, shall do each of the following:
(1) Establish marketing procedures to...
|
California Health And Safety Code Section 1358.21
(a) In recommending the purchase or replacement of any
Medicare supplement coverage, an issuer or its representative shall
make reasonable efforts...
|
California Health And Safety Code Section 1358.22
(a) On or before March 1 of each year, an issuer shall
report the following information for every individual resident of
this state for which the...
|
California Health And Safety Code Section 1358.225
(a) Every issuer shall, by June 30 of each year, file
with the director a list of its Medicare supplement contracts offered
or issued or outstanding...
|
California Health And Safety Code Section 1358.23
(a) If a Medicare supplement contract replaces another
Medicare supplement policy or certificate, or contract, the replacing
issuer shall waive any...
|
California Health And Safety Code Section 1359
(a) The director may require that solicitors and solicitor
firms, and principal persons engaged in the supervision of
solicitation for plans of...
|
California Health And Safety Code Section 1360
(a) No plan, solicitor, solicitor firm, or representative
shall use or permit the use of any advertising or solicitation which
is untrue or...
|
California Health And Safety Code Section 1360.1
It is unlawful for any person, including a plan, subject to
this chapter to represent or imply in any manner that the person or
plan has been...
|
California Health And Safety Code Section 1361
(a) Except as provided in subdivision (b), no plan shall
publish or distribute, or allow to be published or distributed on its
behalf, any...
|
California Health And Safety Code Section 1361.1
It is an unfair business practice for a solicitor,
solicitor firm, or representative of a health care service plan to
sell, solicit, or negotiate the
|
California Health And Safety Code Section 1362
As used in Sections 1363 and 1364:
(a) "Benefits and coverage" means the health care services
available under a plan contract.
(b) "Exception"...
|
California Health And Safety Code Section 1363
(a) The director shall require the use by each plan of
disclosure forms or materials containing information regarding the
benefits, services, and...
|
California Health And Safety Code Section 1363.01
(a) Every plan that covers prescription drug benefits
shall provide notice in the evidence of coverage and disclosure form
to enrollees regarding...
|
California Health And Safety Code Section 1363.02
(a) The Legislature finds and declares that the right of
every patient to receive basic information necessary to give full and
informed consent is a...
|
California Health And Safety Code Section 1363.03
(a) Every health care service plan that covers
prescription drug benefits and that issues a card to enrollees for
claims processing purposes shall...
|
California Health And Safety Code Section 1363.05
(a) For every plan contract that provides or supplements
Medicare benefits, a plan shall include within its disclosure form
the following statement...
|
California Health And Safety Code Section 1363.06
(a) The Department of Managed Health Care and the
Department of Insurance shall compile information as required by this
section and Section 10127.14...
|
California Health And Safety Code Section 1363.07
(a) Each health care service plan shall send copies of the
comparative benefit matrix prepared pursuant to Section 1363.06 on
an annual basis, or...
|
California Health And Safety Code Section 1363.1
Any health care service plan that includes terms that
require binding arbitration to settle disputes and that restrict, or
provide for a waiver of,...
|
California Health And Safety Code Section 1363.2
On or before July 1, 1999, the disclosure form required
pursuant to Section 1363 shall also contain a statement that
enrollees are encouraged to use...
|
California Health And Safety Code Section 1363.5
(a) A plan shall disclose or provide for the disclosure to
the director and to network providers the process the plan, its
contracting provider...
|
California Health And Safety Code Section 1364
Where the director finds it necessary in the interest of full
and fair disclosure, all advertising and other consumer information
disseminated by a...
|
California Health And Safety Code Section 1364.1
Within 30 days of receiving the notice required by Section
1255.1, a health care service plan shall notify, or provide for the
notification of,...
|
California Health And Safety Code Section 1364.5
(a) On or before July 1, 2001, every health care service
plan shall file with the director a copy of their policies and
procedures to protect the...
|
California Health And Safety Code Section 1365
(a) An enrollment or a subscription may not be canceled or
not renewed except for the following:
(1) Failure to pay the charge for such coverage...
|
California Health And Safety Code Section 1365.5
(a) No health care service plan or specialized health care
service plan shall refuse to enter into any contract or shall cancel
or decline to renew...
|
California Health And Safety Code Section 1366
(a) No plan may use in its name, any of the words "insurance,"
"casualty," "surety," "mutual," or any other words descriptive of
the insurance,...
|
California Health And Safety Code Section 1366.1
(a) The department shall adopt regulations on or before
July 1, 2003, that establish an extended geographic accessibility
standard for access to...
|
California Health And Safety Code Section 1366.1
(a) The department shall adopt regulations on or before
July 1, 2003, that establish an extended geographic accessibility
standard for access to...
|
California Health And Safety Code Section 1366.2
(a) A full health care service plan shall make available to
a group subscriber, upon request, the termination date of all major
health care provider...
|
California Health And Safety Code Section 1366.3
(a) On and after January 1, 2005, a health care service
plan issuing individual plan contracts that ceases to offer
individual coverage in this state
|
California Health And Safety Code Section 1366.4
(a) A medical group, physician, or independent practice
association that contracts with a health care service plan may enter
into contracts with...
|
California Health And Safety Code Section 1366.20
(a) This article shall be known as the California
Continuation Benefits Replacement Act, or "Cal-COBRA."
(b) It is the intent of the Legislature...
|
California Health And Safety Code Section 1366.21
The definitions contained in this section govern the
construction of this article.
(a) "Continuation coverage" means extended coverage under the...
|
California Health And Safety Code Section 1366.22
The continuation coverage requirements of this article do
not apply to the following individuals:
(a) Individuals who are entitled to Medicare...
|
California Health And Safety Code Section 1366.23
(a) Every health care service plan, including a
specialized health care service plan contract, that provides coverage
under a group benefit plan to...
|
California Health And Safety Code Section 1366.24
(a) Every health care service plan evidence of coverage,
provided for group benefit plans subject to this article, that is
issued, amended, or...
|
California Health And Safety Code Section 1366.25
(a) Every group contract between a health care service
plan and an employer subject to this article that is issued, amended,
or renewed on or after...
|
California Health And Safety Code Section 1366.26
A qualified beneficiary electing continuation coverage
shall pay to the health care service plan, on or before the due date
of each payment but not...
|
California Health And Safety Code Section 1366.27
(a) The continuation coverage provided pursuant to this
article shall terminate at the first to occur of the following:
(1) In the case of a...
|
California Health And Safety Code Section 1366.28
A health care service plan subject to this article shall
not be obligated to provide continuation coverage to a qualified
beneficiary pursuant to...
|
California Health And Safety Code Section 1366.29
(a) A health care service plan shall offer an enrollee who
has exhausted continuation coverage under COBRA the opportunity to
continue coverage for...
|
California Health And Safety Code Section 1366.35
(a) A health care service plan providing coverage for
hospital, medical, or surgical benefits under an individual health
care service plan contract...
|
California Health And Safety Code Section 1366.21
The definitions contained in this section govern the
construction of this article.
(a) "Continuation coverage" means extended coverage under the...
|
California Health And Safety Code Section 1366.22
The continuation coverage requirements of this article do
not apply to the following individuals:
(a) Individuals who are entitled to Medicare...
|
California Health And Safety Code Section 1366.23
(a) Every health care service plan, including a
specialized health care service plan contract, that provides coverage
under a group benefit plan to...
|
California Health And Safety Code Section 1366.24
(a) Every health care service plan evidence of coverage,
provided for group benefit plans subject to this article, that is
issued, amended, or...
|
California Health And Safety Code Section 1366.25
(a) Every group contract between a health care service
plan and an employer subject to this article that is issued, amended,
or renewed on or after...
|
California Health And Safety Code Section 1366.26
A qualified beneficiary electing continuation coverage
shall pay to the health care service plan, on or before the due date
of each payment but not...
|
California Health And Safety Code Section 1366.27
(a) The continuation coverage provided pursuant to this
article shall terminate at the first to occur of the following:
(1) In the case of a...
|
California Health And Safety Code Section 1366.28
A health care service plan subject to this article shall
not be obligated to provide continuation coverage to a qualified
beneficiary pursuant to...
|
California Health And Safety Code Section 1366.29
(a) A health care service plan shall offer an enrollee who
has exhausted continuation coverage under COBRA the opportunity to
continue coverage for...
|
California Health And Safety Code Section 1367
A health care service plan and, if applicable, a specialized
health care service plan shall meet the following requirements:
(a) Facilities...
|
California Health And Safety Code Section 1367.01
(a) A health care service plan and any entity with which
it contracts for services that include utilization review or
utilization management...
|
California Health And Safety Code Section 1367.015
In addition to complying with subdivision (h) of Section
1367.01, in determining whether to approve, modify, or deny requests
by providers prior to,...
|
California Health And Safety Code Section 1367.02
(a) On or before July 1, 1999, for purposes of public
disclosure, every health care service plan shall file with the
department a description of any...
|
California Health And Safety Code Section 1367.03
(a) Not later than January 1, 2004, the department shall
develop and adopt regulations to ensure that enrollees have access to
needed health care...
|
California Health And Safety Code Section 1367.04
(a) Not later than January 1, 2006, the department shall
develop and adopt regulations establishing standards and requirements
to provide health care
|
California Health And Safety Code Section 1367.05
(a) Nothing in this chapter shall prohibit a health care
service plan from entering into a contract with a dental college
approved by the Board of...
|
California Health And Safety Code Section 1367.06
(a) A health care service plan contract, except a
specialized health care service plan contract, that is issued,
amended, delivered, or renewed on or
|
California Health And Safety Code Section 1367.07
Within one year after a health care service plan's
assessment pursuant to subdivision (b) of Section 1367.04, the health
care service plan shall...
|
California Health And Safety Code Section 1367.08
A health care service plan shall annually disclose to the
governing board of a public agency that is the subscriber of a group
contract, the name and
|
California Health And Safety Code Section 1367.09
(a) An enrollee with coverage for Medicare benefits who is
discharged from an acute care hospital shall be allowed to return to
a skilled nursing...
|
California Health And Safety Code Section 1367.1
Subdivision (i) of Section 1367 shall apply to
transitionally licensed plans only insofar as it relates to contracts
entered into, amended,...
|
California Health And Safety Code Section 1367.2
(a) On and after January 1, 1990, every health care service
plan that covers hospital, medical, or surgical expenses on a group
basis shall offer...
|
California Health And Safety Code Section 1367.3
(a) On and after January 1, 1993, every health care service
plan that covers hospital, medical, or surgical expenses on a group
basis shall offer...
|
California Health And Safety Code Section 1367.35
(a) On and after January 1, 1993, every health care
service plan that covers hospital, medical, or surgical expenses on a
group basis shall provide...
|
California Health And Safety Code Section 1367.36
(a) A risk-based contract between a health care service
plan and a physician or physician group that is issued, amended,
delivered, or renewed in...
|
California Health And Safety Code Section 1367.4
No plan issuing, providing, or administering any contract
of individual or group coverage providing medical, surgical, or
dental expense benefits...
|
California Health And Safety Code Section 1367.45
(a) Every individual or group health care service plan
contract that is issued, amended, or renewed on or after January 1,
2002, that covers...
|
California Health And Safety Code Section 1367.46
Every individual or group health care service plan
contract that is issued, amended, or renewed on or after January 1,
2009, that covers hospital,...
|
California Health And Safety Code Section 1367.5
No health care service plan contract that is issued,
amended, renewed, or delivered on and after January 1, 2002, shall
contain a provision that...
|
California Health And Safety Code Section 1367.51
(a) Every health care service plan contract, except a
specialized health care service plan contract, that is issued,
amended, delivered, or renewed...
|
California Health And Safety Code Section 1367.54
Every group health care service plan contract that
provides maternity benefits, except for a specialized health care
service plan contract, that is...
|
California Health And Safety Code Section 1367.6
(a) Every health care service plan contract, except a
specialized health care service plan contract, that is issued,
amended, delivered, or renewed...
|
California Health And Safety Code Section 1367.61
Every health care service plan contract which provides for
the surgical procedure known as a laryngectomy and which is issued,
amended, delivered, or
|
California Health And Safety Code Section 1367.62
(a) No health care service plan contract that is issued,
amended, renewed, or delivered on or after the effective date of the
act adding this...
|
California Health And Safety Code Section 1367.63
(a) Every health care service plan contract, except a
specialized health care service plan contract, that is issued,
amended, renewed, or delivered...
|
California Health And Safety Code Section 1367.635
(a) Every health care service plan contract that is
issued, amended, renewed, or delivered on or after January 1, 1999,
that provides coverage for...
|
California Health And Safety Code Section 1367.64
(a) Every individual or group health care service plan
contract, except for a specialized health care service plan contract,
that is issued, amended,
|
California Health And Safety Code Section 1367.65
(a) On or after January 1, 2000, every health care service
plan contract, except a specialized health care service plan
contract, that is issued,...
|
California Health And Safety Code Section 1367.66
Every individual or group health care service plan
contract, except for a specialized health care service plan, that is
issued, amended, or renewed,...
|
California Health And Safety Code Section 1367.665
Every individual or group health care service plan
contract, except for a specialized health care service plan contract,
that is issued, amended,...
|
California Health And Safety Code Section 1367.67
Every health care service plan contract that provides
hospital, medical, or surgical coverage, that is issued, amended,
delivered, or renewed in this
|
California Health And Safety Code Section 1367.68
(a) Any provision in a health care service plan contract
entered into, amended, or renewed in this state on or after July 1,
1995, that excludes...
|
California Health And Safety Code Section 1367.69
(a) On or after January 1, 1995, every health care service
plan contract that provides hospital, medical, or surgical coverage,
that is issued,...
|
California Health And Safety Code Section 1367.695
(a) The Legislature finds and declares that the unique,
private, and personal relationship between women patients and their
obstetricians and...
|
California Health And Safety Code Section 1367.7
On and after January 1, 1980, every health care service
plan contract that covers hospital, medical, or surgical expenses on
a group basis, and which
|
California Health And Safety Code Section 1367.71
(a) Every health care service plan contract, other than a
specialized health care service plan contract, that is issued,
amended, renewed, or...
|
California Health And Safety Code Section 1367.8
No plan issuing, providing, or administering any individual
or group health care service plan entered into, amended, or issued
on or after January 1,
|
California Health And Safety Code Section 1367.9
No health care service plan contract which covers hospital,
medical, or surgical expenses shall be issued, amended, delivered,
or renewed in this...
|
California Health And Safety Code Section 1367.10
(a) Every health care service plan shall include within
its disclosure form and within its evidence of coverage a statement
clearly describing how...
|
California Health And Safety Code Section 1367.11
(a) Every health care service plan issued, amended, or
renewed on or after January 1, 1987, that offers coverage for medical
transportation services,
|
California Health And Safety Code Section 1367.12
No health care service plan that administers Medicare
coverage and federal employee programs may require that more than one
form be submitted per...
|
California Health And Safety Code Section 1367.15
(a) This section shall apply to individual health care
service plan contracts and plan contracts sold to employer groups
with fewer than two eligible
|
California Health And Safety Code Section 1367.18
(a) Every health care service plan, except a specialized
health care service plan, that covers hospital, medical, or surgical
expenses on a group...
|
California Health And Safety Code Section 1367.19
On and after January 1, 1991, every health care service
plan, except a specialized health care service plan, that covers
hospital, medical, or...
|
California Health And Safety Code Section 1367.20
Every health care service plan that provides prescription
drug benefits and maintains one or more drug formularies shall
provide to members of the...
|
California Health And Safety Code Section 1367.20
Every health care service plan that provides prescription
drug benefits and maintains one or more drug formularies shall
provide to members of the...
|
California Health And Safety Code Section 1367.21
(a) No health care service plan contract which covers
prescription drug benefits shall be issued, amended, delivered, or
renewed in this state if the
|
California Health And Safety Code Section 1367.215
(a) Every health care service plan contract that covers
prescription drug benefits shall provide coverage for appropriately
prescribed pain...
|
California Health And Safety Code Section 1367.22
(a) A health care service plan contract, issued, amended,
or renewed on or after July 1, 1999, that covers prescription drug
benefits shall not limit
|
California Health And Safety Code Section 1367.23
(a) On and after January 1, 1994, every group health care
service plan contract, which is issued, amended, or renewed, shall
include a provision...
|
California Health And Safety Code Section 1367.24
(a) Every health care service plan that provides
prescription drug benefits shall maintain an expeditious process by
which prescribing providers may...
|
California Health And Safety Code Section 1367.25
(a) Every group health care service plan contract, except
for a specialized health care service plan contract, that is issued,
amended, renewed, or...
|
California Health And Safety Code Section 1367.26
(a) A health care service plan shall provide, upon
request, a list of the following contracting providers, within the
enrollee's or prospective...
|
California Health And Safety Code Section 1368
(a) Every plan shall do all of the following:
(1) Establish and maintain a grievance system approved by the
department under which enrollees may...
|
California Health And Safety Code Section 1368.01
(a) The grievance system shall require the plan to resolve
grievances within 30 days.
(b) The grievance system shall include a requirement for...
|
California Health And Safety Code Section 1368.015
(a) Effective July 1, 2003, every plan with a Web site
shall provide an online form through its Web site that subscribers or
enrollees can use to...
|
California Health And Safety Code Section 1368.02
(a) The director shall establish and maintain a toll-free
telephone number for the purpose of receiving complaints regarding
health care service...
|
California Health And Safety Code Section 1368.03
(a) The department may require enrollees and subscribers
to participate in a plan's grievance process for up to 30 days before
pursuing a grievance...
|
California Health And Safety Code Section 1368.04
(a) The director shall investigate and take enforcement
action against plans regarding grievances reviewed and found by the
department to involve...
|
California Health And Safety Code Section 1368.1
(a) A plan that denies coverage to an enrollee with a
terminal illness, which for the purposes of this section refers to an
incurable or irreversible
|
California Health And Safety Code Section 1368.2
(a) On and after January 1, 2002, every group health care
service plan contract, except a specialized health care service plan
contract, which is...
|
California Health And Safety Code Section 1368.5
(a) Every health care service plan that offers coverage for
a service that is within the scope of practice of a duly licensed
pharmacist may pay or...
|
California Health And Safety Code Section 1369
Every plan shall establish procedures to permit subscribers
and enrollees to participate in establishing the public policy of the
plan. For purposes...
|
California Health And Safety Code Section 1370
Every plan shall establish procedures in accordance with
department regulations for continuously reviewing the quality of
care, performance of...
|
California Health And Safety Code Section 1370.1
Nothing in this article shall be construed to prevent a
plan from utilizing subcommittees to participate in peer review
activities, nor to prevent a...
|
California Health And Safety Code Section 1370.2
Upon an appeal to the plan of a contested claim, the plan
shall refer the claim to the medical director or other appropriately
licensed health care...
|
California Health And Safety Code Section 1370.4
(a) Every health care service plan shall provide an
external, independent review process to examine the plan's coverage
decisions regarding...
|
California Health And Safety Code Section 1370.6
(a) For an enrollee diagnosed with cancer and accepted into
a phase I, phase II, phase III, or phase IV clinical trial for
cancer, every health care...
|
California Health And Safety Code Section 1371
A health care service plan, including a specialized health
care service plan, shall reimburse claims or any portion of any
claim, whether in state or
|
California Health And Safety Code Section 1371.1
(a) Whenever a health care service plan, including a
specialized health care service plan, determines that in reimbursing
a claim for provider...
|
California Health And Safety Code Section 1371.2
No health care service plan, including a specialized health
care service plan, shall request reimbursement for overpayment or
reduce the level of...
|
California Health And Safety Code Section 1371.22
If a contract between a health care service plan and a
provider requires that the provider accept, as payment from the plan,
the lowest payment rate...
|
California Health And Safety Code Section 1371.25
A plan, any entity contracting with a plan, and providers
are each responsible for their own acts or omissions, and are not
liable for the acts or...
|
California Health And Safety Code Section 1371.3
On and after January 1, 1994, every group health care
service plan that provides hospital, medical, or surgical expense
benefits for plan members and
|
California Health And Safety Code Section 1371.35
(a) A health care service plan, including a specialized
health care service plan, shall reimburse each complete claim, or
portion thereof, whether in
|
California Health And Safety Code Section 1371.36
(a) A health care service plan shall not deny payment of a
claim on the basis that the plan, medical group, independent
practice association, or...
|
California Health And Safety Code Section 1371.36
(a) A health care service plan shall not deny payment of a
claim on the basis that the plan, medical group, independent
practice association, or...
|
California Health And Safety Code Section 1371.37
(a) A health care service plan is prohibited from engaging
in an unfair payment pattern, as defined in this section.
(b) Consistent with...
|
California Health And Safety Code Section 1371.37
(a) A health care service plan is prohibited from engaging
in an unfair payment pattern, as defined in this section.
(b) Consistent with...
|
California Health And Safety Code Section 1371.38
(a) The department shall, on or before July 1, 2001, adopt
regulations that ensure that plans have adopted a dispute resolution
mechanism pursuant to
|
California Health And Safety Code Section 1371.38
(a) The department shall, on or before July 1, 2001, adopt
regulations that ensure that plans have adopted a dispute resolution
mechanism pursuant to
|
California Health And Safety Code Section 1371.39
(a) Providers may report to the department's Office of
Plan and Provider Relations, either through the toll-free provider
line (877-525-1295) or...
|
California Health And Safety Code Section 1371.39
(a) Providers may report to the department's Office of
Plan and Provider Relations, either through the toll-free provider
line (877-525-1295) or...
|
California Health And Safety Code Section 1371.4
(a) A health care service plan that covers hospital,
medical, or surgical expenses, or its contracting medical providers,
shall provide 24-hour...
|
California Health And Safety Code Section 1371.5
(a) No health care service plan that provides basic health
care services shall require prior authorization or refuse to pay for
any ambulance or...
|
California Health And Safety Code Section 1371.8
A health care service plan that authorizes a specific type
of treatment by a provider shall not rescind or modify this
authorization after the...
|
California Health And Safety Code Section 1372
Subject to the applicable provisions of this chapter, a plan
may offer one or more plan contracts or specialized health care
service plan contracts,...
|
California Health And Safety Code Section 1373
(a) A plan contract may not provide an exception for other
coverage if the other coverage is entitlement to Medi-Cal benefits
under Chapter 7...
|
California Health And Safety Code Section 1373.1
Every group plan entered into, amended, or renewed on or
after January 1, 1977, which provides hospital, medical, or surgical
expense benefits for...
|
California Health And Safety Code Section 1373.2
Every group health care service plan entered into, amended,
or renewed on or after January 1, 1976, which provides hospital,
medical, or surgical...
|
California Health And Safety Code Section 1373.3
An enrollee shall not be prohibited from selecting as a
primary care physician any available primary care physician who
contracts with the plan in...
|
California Health And Safety Code Section 1373.4
(a) No health care service plan contract that is issued,
amended, renewed, or delivered on or after July 1, 2003, that
provides maternity coverage...
|
California Health And Safety Code Section 1373.5
When a husband and wife are both employed as employees, and
both have enrolled themselves and their eligible family members
under a group health care
|
California Health And Safety Code Section 1373.6
This section does not apply to a specialized health care
service plan contract or to a plan contract that primarily or solely
supplements Medicare. ...
|
California Health And Safety Code Section 1373.621
(a) Except for a specialized health care service plan,
every health care service plan contract that is issued, amended,
delivered, or renewed in this
|
California Health And Safety Code Section 1373.622
(a) After the termination of the pilot program under
Section 1373.62, a health care service plan shall continue to provide
coverage under the same...
|
California Health And Safety Code Section 1373.65
(a) At least 75 days prior to the termination date of its
contract with a provider group or a general acute care hospital, the
health care service...
|
California Health And Safety Code Section 1373.7
A health care service plan contract, which is written or
issued for delivery outside of California and which provides benefits
for California...
|
California Health And Safety Code Section 1373.8
A health care service plan contract where the plan is
licensed to do business in this state and the plan provides coverage
that includes California...
|
California Health And Safety Code Section 1373.9
(a) Except in the case of a specialized health care
service plan, a health care service plan which negotiates and enters
into a contract with...
|
California Health And Safety Code Section 1373.95
(a) (1) A health care service plan, other than a
specialized health care service plan that offers professional mental
health services on an...
|
California Health And Safety Code Section 1373.96
(a) A health care service plan shall at the request of an
enrollee, provide the completion of covered services as set forth in
this section by a...
|
California Health And Safety Code Section 1373.10
(a) On and after January 1, 1985, every health care
service plan, that is not a health maintenance organization or is not
a plan that enters...
|
California Health And Safety Code Section 1373.11
A health care service plan that offers or provides one or
more podiatry services, as defined in Section 2472 of the Business
and Professions Code, as
|
California Health And Safety Code Section 1373.12
A health care service plan which offers or provides one or
more chiropractic services, as defined in Section 7 of the
Chiropractic Initiative Act, as
|
California Health And Safety Code Section 1373.13
(a) It is the intent of the Legislature that all persons
licensed in this state to engage in the practice of dentistry shall
be accorded equal...
|
California Health And Safety Code Section 1373.14
Except for a preexisting condition, any health care
service plan, except a specialized health care service plan, which
provides coverage on a group...
|
California Health And Safety Code Section 1373.18
Whenever any health care service plan, except a
specialized health care service plan, negotiates and enters into a
contract with providers to provide
|
California Health And Safety Code Section 1373.19
Any health care service plan that includes a term that
requires the parties to submit to binding arbitration shall, for
those cases or disputes for...
|
California Health And Safety Code Section 1373.20
(a) If a plan uses arbitration to settle disputes with
enrollees or subscribers, and does not use a professional dispute
resolution organization...
|
California Health And Safety Code Section 1373.21
(a) If a health care service plan uses arbitration to
settle disputes with enrollees or subscribers, it shall require that
an arbitration award be...
|
California Health And Safety Code Section 1374
If a health care service plan entered into, amended, or
renewed in this state on or after the effective date of this section
provides in any manner...
|
California Health And Safety Code Section 1374.3
Notwithstanding any other provision of this chapter or of a
health care service plan contract, every health care service plan
shall comply with the...
|
California Health And Safety Code Section 1374.5
A health care service plan, which is issued, renewed, or
amended on or after January 1, 1988, which includes mental health
services coverage in...
|
California Health And Safety Code Section 1374.51
No plan may utilize any information regarding whether an
enrollee's psychiatric inpatient admission was made on a voluntary or
involuntary basis for...
|
California Health And Safety Code Section 1374.55
(a) On and after January 1, 1990, every health care
service plan contract which is issued, amended, or renewed that
covers hospital, medical, or...
|
California Health And Safety Code Section 1374.56
(a) On and after July 1, 2000, every health care service
plan contract, except a specialized health care service plan
contract, issued, amended,...
|
California Health And Safety Code Section 1374.57
(a) No group health care service plan that provides
hospital, medical, or surgical expense benefits for employees or
subscribers and their dependents
|
California Health And Safety Code Section 1374.58
(a) A group health care service plan that provides
hospital, medical, or surgical expense benefits shall provide equal
coverage to employers or...
|
California Health And Safety Code Section 1374.7
(a) No plan shall refuse to enroll any person or accept any
person as a subscriber or renew any person as a subscriber after
appropriate application...
|
California Health And Safety Code Section 1374.75
(a) No health care service plan shall deny, refuse to
enroll, refuse to renew, cancel, restrict, or otherwise terminate,
exclude, or limit coverage,...
|
California Health And Safety Code Section 1374.8
A health care service plan shall not release any
information to an employer that would directly or indirectly indicate
to the employer that an...
|
California Health And Safety Code Section 1374.9
For violations of Section 1374.7, the director may, after
appropriate notice and opportunity for hearing, by order, levy
administrative penalties as...
|
California Health And Safety Code Section 1374.10
(a) Every health care service plan that covers hospital,
medical or surgical expenses and which is not qualified as a health
maintenance organization
|
California Health And Safety Code Section 1374.11
No health care service plan shall deny a claim for
hospital, medical, surgical, dental, or optometric services for the
sole reason that the...
|
California Health And Safety Code Section 1374.12
No health care service plan contract issued, entered into,
or renewed on or after July 1, 1984, shall be deemed to contain any
provision restricting...
|
California Health And Safety Code Section 1374.13
(a) It is the intent of the Legislature to recognize the
practice of telemedicine as a legitimate means by which an individual
may receive medical...
|
California Health And Safety Code Section 1374.15
Any health care service plan shall, upon request by any
public entity or political subdivision of the state with whom it has
entered into a contract,
|
California Health And Safety Code Section 1374.16
(a) Every health care service plan, except a specialized
health care service plan, shall establish and implement a procedure
by which an enrollee may
|
California Health And Safety Code Section 1374.17
(a) A health care service plan shall not deny coverage
that is otherwise available under the plan contract for the costs of
solid organ or other...
|
California Health And Safety Code Section 1374.19
(a) This section shall only apply to a health care
service plan covering dental services or a specialized health care
service plan contract covering
|
California Health And Safety Code Section 1374.20
(a) No group health care service plan shall change the
premium rates or applicable copayments or coinsurances or deductibles
for the length of the...
|
California Health And Safety Code Section 1374.21
No change in premium rates or changes in coverage stated
in a group health care service plan contract shall become effective
unless the plan has...
|
California Health And Safety Code Section 1374.22
(a) The written notice shall be delivered by mail at the
last known address at least 30 days prior to the renewal effective
date to the group...
|
California Health And Safety Code Section 1374.23
Notwithstanding subdivision (a) of Section 1374.22, if the
plan does not guarantee either premium rates or plan design or
benefits for any specified...
|
California Health And Safety Code Section 1374.24
There shall be no liability on the part of, and no cause
of action of any nature shall arise against, any health care service
plan required to...
|
California Health And Safety Code Section 1374.25
Proof of mailing a notice and the reason therefor to the
appropriate entity or individual at the most current policy or plan
address shall be...
|
California Health And Safety Code Section 1374.26
The director may, as required by this article, or from
time to time as conditions warrant, pursuant to Chapter 3.5
(commencing with Section 11340) of
|
California Health And Safety Code Section 1374.27
The director may levy administrative penalties and may
suspend or revoke the license or licenses issued to any health care
service plan, after notice
|
California Health And Safety Code Section 1374.28
In addition to any other penalty provided by law or the
availability of any administrative procedure, if a health care
service plan, after notice and
|
California Health And Safety Code Section 1374.29
The purpose of this article is to promote the public
interest, to prevent unfair and unlawful health care business
practices, and to promote...
|
California Health And Safety Code Section 1374.30
(a) Commencing January 1, 2001, there is hereby
established in the department the Independent Medical Review System.
(b) For the purposes of this
|
California Health And Safety Code Section 1374.31
(a) If there is an imminent and serious threat to the
health of the enrollee, as specified in subdivision (c) of Section
1374.33, all necessary...
|
California Health And Safety Code Section 1374.32
(a) By January 1, 2001, the department shall contract with
one or more independent medical review organizations in the state to
conduct reviews for...
|
California Health And Safety Code Section 1374.33
(a) Upon receipt of information and documents related to a
case, the medical professional reviewer or reviewers selected to
conduct the review by the
|
California Health And Safety Code Section 1374.34
(a) Upon receiving the decision adopted by the director
pursuant to Section 1374.33 that a disputed health care service is
medically necessary, the...
|
California Health And Safety Code Section 1374.35
(a) After considering the results of a competitive bidding
process and any other relevant information on program costs, the
director shall establish...
|
California Health And Safety Code Section 1374.36
(a) The director shall submit to the Legislature by March
1, 2002, a report on the initial implementation of this article. The
report shall include...
|
California Health And Safety Code Section 1374.27
The director may levy administrative penalties and may
suspend or revoke the license or licenses issued to any health care
service plan, after notice
|
California Health And Safety Code Section 1374.28
In addition to any other penalty provided by law or the
availability of any administrative procedure, if a health care
service plan, after notice and
|
California Health And Safety Code Section 1374.29
The purpose of this article is to promote the public
interest, to prevent unfair and unlawful health care business
practices, and to promote...
|
California Health And Safety Code Section 1374.60
For purpose of this article, the following definitions
shall apply:
(a) A "point-of-service plan contract" means any plan contract
offered by a...
|
California Health And Safety Code Section 1374.62
A point-of-service plan contract, in which any risk for
out-of-network coverage or services is transferred from a health care
service plan through...
|
California Health And Safety Code Section 1374.64
(a) Only a plan that has been licensed under this chapter
and in operation in this state for a period of five years or more, or
a plan licensed under
|
California Health And Safety Code Section 1374.65
Point-of-service plan contracts shall:
(a) Provide incentives, including financial incentives, for
enrollees to use in-network coverage or...
|
California Health And Safety Code Section 1374.66
Any health care service plan that offers a
point-of-service plan contract may do all of the following:
(a) Limit or exclude coverage for specific...
|
California Health And Safety Code Section 1374.67
A health care service plan offering a point-of-service
plan contract is subject to the following limitations:
(a) A health care service plan shall
|
California Health And Safety Code Section 1374.68
A health care service plan that offers a point-of-service
plan contract shall do all of the following:
(a) Deposit with the director or, at the...
|
California Health And Safety Code Section 1374.69
At least 20 business days prior to offering a
point-of-service plan contract, a health care service plan shall file
a notice of material modification
|
California Health And Safety Code Section 1374.71
No plan formerly registered under the Knox-Mills Health
Plan Act (Article 2.5 (commencing with Section 12530) of Chapter 6 of
Part 2 of Division 3 of
|
California Health And Safety Code Section 1374.72
(a) Every health care service plan contract issued,
amended, or renewed on or after July 1, 2000, that provides hospital,
medical, or surgical...
|
California Health And Safety Code Section 1375.1
(a) Every plan shall have and shall demonstrate to the
director that it has all of the following:
(1) A fiscally sound operation and adequate...
|
California Health And Safety Code Section 1375.2
On and after October 1, 1977, every plan operating under a
transitional license shall have a fiscally sound operation.
|
California Health And Safety Code Section 1375.3
(a) A health care service plan shall meet and confer with
the director and his or her designated representatives at least 10
business days prior to...
|
California Health And Safety Code Section 1375.4
(a) Every contract between a health care service plan and a
risk-bearing organization that is issued, amended, renewed, or
delivered in this state on
|
California Health And Safety Code Section 1375.5
No contract between a risk-bearing organization and a
health care service plan that is issued, amended, delivered, or
renewed in this state on or...
|
California Health And Safety Code Section 1375.6
No contract between a risk-bearing organization and a
health care service plan that is issued, amended, delivered, or
renewed in this state on or...
|
California Health And Safety Code Section 1375.7
(a) This section shall be known and may be cited as the
Health Care Providers' Bill of Rights.
(b) No contract issued, amended, or renewed on or...
|
California Health And Safety Code Section 1375.8
(a) The Legislature finds the following:
(1) Because of the nature and cost of certain medical items, the
financial risk of these items is better...
|
California Health And Safety Code Section 1376
(a) No plan shall conduct any activity regulated by this
chapter in contravention of such rules and regulations as the
director may prescribe as...
|
California Health And Safety Code Section 1376.1
The deposit requirements of Section 1300.76.1 of Title 10
of the California Code of Regulations shall not apply to any plan
operated by a county, or...
|
California Health And Safety Code Section 1377
(a) Every plan which reimburses providers of health care
services that do not contract in writing with the plan to provide
health care services, or...
|
California Health And Safety Code Section 1378
No plan shall expend for administrative costs in any fiscal
year an excessive amount of the aggregate dues, fees and other
periodic payments received
|
California Health And Safety Code Section 1379
(a) Every contract between a plan and a provider of health
care services shall be in writing, and shall set forth that in the
event the plan fails to
|
California Health And Safety Code Section 1379.5
(a) On and after July 1, 2008, every contract between a
plan and a health care provider who provides health care services in
Mexico to an enrollee of
|
California Health And Safety Code Section 1380
(a) The department shall conduct periodically an onsite
medical survey of the health delivery system of each plan. The
survey shall include a review
|
California Health And Safety Code Section 1380.1
(a) The Legislature finds and declares as follows:
(1) Multiple medical quality audits of health care providers, as
many as 25 for some physician...
|
California Health And Safety Code Section 1380.3
Notwithstanding Section 1380, any plan that provides
services solely to Medi-Cal beneficiaries pursuant to Chapter 8
(commencing with Section 14200)...
|
California Health And Safety Code Section 1381
(a) All records, books, and papers of a plan, management
company, solicitor, solicitor firm, and any provider or subcontractor
providing health care...
|
California Health And Safety Code Section 1382
(a) The director shall conduct an examination of the fiscal
and administrative affairs of any health care service plan, and each
person with whom...
|
California Health And Safety Code Section 1383
Every plan that is a health maintenance organization
qualified under Section 1310(d) of Title XIII of the federal Public
Health Service Act, shall...
|
California Health And Safety Code Section 1383.1
(a) On or before July 1, 1997, every health care service
plan shall file with the department a written policy, which is not
subject to approval or...
|
California Health And Safety Code Section 1383.15
(a) When requested by an enrollee or participating health
professional who is treating an enrollee, a health care service plan
shall provide or...
|
California Health And Safety Code Section 1384
(a) Within 90 days after receipt of a request from the
director, a plan or other person subject to this chapter shall submit
to the director an audit
|
California Health And Safety Code Section 1385
Each plan, solicitor firm, and solicitor shall keep and
maintain current such books of account and other records as the
director may by rule require...
|
California Health And Safety Code Section 1386
(a) The director may, after appropriate notice and
opportunity for a hearing, by order suspend or revoke any license
issued under this chapter to a...
|
California Health And Safety Code Section 1387
(a) Any person who violates any provision of this chapter, or
who violates any rule or order adopted or issued pursuant to this
chapter, shall be...
|
California Health And Safety Code Section 1388
(a) The director may, after appropriate notice and
opportunity for hearing, by order, censure a person acting as a
solicitor or solicitor firm, or...
|
California Health And Safety Code Section 1389
(a) A person whose license has been revoked, or suspended for
more than one year, may petition the director to reinstate the
license as provided by...
|
California Health And Safety Code Section 1389.1
(a) The director shall not approve any plan contract unless
the director finds that the application conforms to both of the
following requirements:
|
California Health And Safety Code Section 1389.2
At the request of the director, a health care service plan
shall provide a written statement of the actuarial basis for any
medical underwriting...
|
California Health And Safety Code Section 1389.25
(a) (1) This section shall apply only to a full service
health care service plan offering health coverage in the individual
market in California and...
|
California Health And Safety Code Section 1389.3
No health care service plan shall engage in the practice of
postclaims underwriting. For purposes of this section, "postclaims
underwriting" means...
|
California Health And Safety Code Section 1389.4
(a) A full service health care service plan that issues,
renews, or amends individual health plan contracts shall be subject
to this section.
(b)...
|
California Health And Safety Code Section 1389.5
(a) This section shall apply to a health care service plan
that provides coverage under an individual plan contract that is
issued, amended,...
|
California Health And Safety Code Section 1389.6
Compensation of a person or entity employed by, or
contracted with, a health care service plan shall not be based on, or
related in any way to, the...
|
California Health And Safety Code Section 1389.7
(a) Every health care service plan that offers, issues, or
renews individual plan contracts shall offer to any individual, who
was covered under an...
|
California Health And Safety Code Section 1389.8
(a) Notwithstanding any other provision of law, an agent,
broker, solicitor, solicitor firm, or representative who assists an
applicant in submitting
|
California Health And Safety Code Section 1390
Any person who willfully violates any provision of this
chapter or of any rule or order thereunder shall upon conviction be
fined not more than ten...
|
California Health And Safety Code Section 1391
(a) (1) The director may issue an order directing a plan,
solicitor firm, or any representative thereof, a solicitor, or any
other person to cease...
|
California Health And Safety Code Section 1391.5
(a) If, after examination or investigation, the director
has reasonable grounds to believe that irreparable loss and injury to
the plan's enrollee or
|
California Health And Safety Code Section 1392
(a) (1) Whenever it appears to the director that any person
has engaged, or is about to engage, in any act or practice
constituting a violation of...
|
California Health And Safety Code Section 1393
(a) The superior court of the county in which is located the
principal office of the plan in this state shall, upon the filing by
the director of a...
|
California Health And Safety Code Section 1393.5
(a) A person who violates Section 1349, or any person who
directly or indirectly participates in the direction of the
management or policies of the...
|
California Health And Safety Code Section 1393.6
For violations of Article 3.1 (commencing with Section
1357) and Article 3.15 (commencing with Section 1357.50), the
director may, after appropriate...
|
California Health And Safety Code Section 1394
The civil, criminal, and administrative remedies available to
the director pursuant to this article are not exclusive, and may be
sought and employed
|
California Health And Safety Code Section 1394.1
Notwithstanding any other provision of law, the director
may file a verified complaint for involuntary dissolution of a health
care service plan on...
|
California Health And Safety Code Section 1394.2
Notwithstanding any other provision of law, in any
involuntary dissolution of a health care service plan as provided
for in Section 1394.1, or other
|
California Health And Safety Code Section 1394.3
Except as provided for in Section 1394.1, and 1394.2, the
involuntary dissolution of a health care service plan shall be in
accordance with either of
|
California Health And Safety Code Section 1394.5
When any person, including any nonresident of this state,
engages in conduct prohibited or made actionable by this chapter or
any rule, regulation,...
|
California Health And Safety Code Section 1394.7
(a) As used in this section the following definitions shall
apply:
(1) "Health care service plan" means any plan as defined in
Section 1345, but...
|
California Health And Safety Code Section 1394.8
(a) As used in this section:
(1) "Carrier" means a specialized health care service plan, and
any of the following entities which offer coverage...
|
California Health And Safety Code Section 1395
(a) Notwithstanding Article 6 (commencing with Section 650)
of Chapter 1 of Division 2 of the Business and Professions Code, any
health care service...
|
California Health And Safety Code Section 1395.5
(a) Except as provided in subdivisions (b) and (c), no
contract that is issued, amended, renewed, or delivered on or after
January 1, 1999, between a
|
California Health And Safety Code Section 1395.6
(a) In order to prevent the improper selling, leasing, or
transferring of a health care provider's contract, it is the intent
of the Legislature that
|
California Health And Safety Code Section 1396
It is unlawful for any person willfully to make any untrue
statement of material fact in any application, notice, amendment,
report, or other...
|
California Health And Safety Code Section 1396.5
A nonprofit hospital corporation which substantially
indemnified subscribers and enrollees and was operating in 1965 under
Chapter 11A (commencing...
|
California Health And Safety Code Section 1397
(a) Whenever reference is made in this chapter to a hearing
before or by the director, the hearing shall be held in accordance
with the...
|
California Health And Safety Code Section 1397.5
(a) The director shall make and file annually with the
Department of Managed Health Care as a public record, an aggregate
summary of grievances...
|
California Health And Safety Code Section 1397.6
The director may contract with necessary medical
consultants to assist with the health care program. These contracts
shall be on a noncompetitive...
|
California Health And Safety Code Section 1398.5
All references to the Knox-Mills Health Plan Act (Article
2.5 (commencing with Section 12530) of Chapter 6 of Part 2 of
Division 3 of the Government...
|
California Health And Safety Code Section 1399
(a) Surrender of a license as a health plan becomes effective
30 days after receipt of an application to surrender the license or
within a shorter...
|
California Health And Safety Code Section 1399.1
(a) All orders and other actions taken by the Commissioner
of Corporations pursuant to the authority contained in subdivision
(c) of Section 1350 on...
|
California Health And Safety Code Section 1399.5
It is the intent of the Legislature that the provisions of
this chapter shall be applicable to any private or public entity or
political subdivision...
|
California Health And Safety Code Section 1399.55
Health care service plans shall, upon rejecting a claim
from a health care provider or a patient, and upon their demand,
disclose the specific...
|
California Health And Safety Code Section 1399.56
Compensation of a person retained by a health care service
plan to review claims for health care services shall not be based on
either of the...
|
California Health And Safety Code Section 1399.57
This article does not apply to services or benefits
provided pursuant to Medi-Cal, including services or benefits
provided under Chapters 7...
|
California Health And Safety Code Section 1399.60
The provisions of this article shall apply to all group
health care service contracts issued in this state pursuant to this
chapter.
|
California Health And Safety Code Section 1399.61
In this article, unless the context otherwise requires:
(a) "Carrier" shall mean the health care service plan or other
entity responsible for the...
|
California Health And Safety Code Section 1399.62
(a) Every contract containing hospital, medical, or
surgical expense benefits or service benefits shall contain a
reasonable extension of such...
|
California Health And Safety Code Section 1399.63
(a) Any carrier providing replacement coverage with
respect to hospital, medical or surgical expense or service benefits
within a period of 60 days...
|
California Health And Safety Code Section 1399.64
This article shall apply to all contracts issued,
delivered, amended, or renewed in this state after January 1, 1977.
A policy subject to the...
|
California Health And Safety Code Section 1399.70
(a) In addition to the information required by subdivision
(a) of Section 1399.73, a nonprofit health care service plan
submitting an application to...
|
California Health And Safety Code Section 1399.71
(a) Any nonprofit health care service plan that intends to
restructure its activities as defined in subdivision (d) shall,
prior to restructuring,...
|
California Health And Safety Code Section 1399.72
(a) Any health care service plan that intends to convert
from nonprofit to for-profit status, as defined in subdivision (b),
shall, prior to the...
|
California Health And Safety Code Section 1399.73
(a) An application for a conversion or restructuring shall
contain the information the director may require, by rule or order.
(b) The director...
|
California Health And Safety Code Section 1399.74
(a) By July 1, 1996, the director shall adopt regulations,
on an emergency basis, that specify the application procedures and
requirements for the...
|
California Health And Safety Code Section 1399.75
(a) This article shall apply to the restructuring or
conversion of nonprofit mutual benefit health care service plans to
the extent these plans have...
|
California Health And Safety Code Section 1399.76
This article shall not apply to a nonprofit health care
service plan restructure or conversion that has been submitted as a
material modification to...
|
California Health And Safety Code Section 1399.801
As used in this article:
(a) "Creditable coverage" means:
(1) Any individual or group policy, contract, or program that is
written or...
|
California Health And Safety Code Section 1399.802
Every health care service plan offering plan contracts to
individuals shall, in addition to complying with the provisions of
this chapter and the...
|
California Health And Safety Code Section 1399.803
Nothing in this article shall be construed to preclude
the application of this chapter to either of the following: (a) an
association, trust, or...
|
California Health And Safety Code Section 1399.804
(a) Commencing January 1, 2001, a plan shall fairly and
affirmatively offer, market, and sell the health care service plan
contracts described in...
|
California Health And Safety Code Section 1399.805
(a) (1) After the federally eligible defined individual
submits a completed application form for a plan contract, the plan
shall, within 30 days,...
|
California Health And Safety Code Section 1399.806
A plan may not exclude any federally eligible defined
individual, or his or her dependents, who would otherwise be entitled
to health care services...
|
California Health And Safety Code Section 1399.809
The director may require a plan to discontinue the
offering of contracts or the acceptance of applications from any
individual upon a determination...
|
California Health And Safety Code Section 1399.810
All health care service plan contracts offered to a
federally eligible defined individual shall be renewable with respect
to the individual and...
|
California Health And Safety Code Section 1399.811
Premiums for contracts offered, delivered, amended, or
renewed by plans on or after January 1, 2001, shall be subject to the
following requirements:
|
California Health And Safety Code Section 1399.812
Plans shall apply premiums consistently with respect to
all federally eligible defined individuals who apply for coverage.
|
California Health And Safety Code Section 1399.813
In connection with the offering for sale of any plan
contract to an individual, each plan shall make a reasonable
disclosure, as part of its...
|
California Health And Safety Code Section 1399.814
Nothing in this article shall be construed to require a
health benefit plan to offer a contract to an individual if the plan
does not otherwise offer
|
California Health And Safety Code Section 1399.815
(a) At least 20 business days prior to renewing or
amending a plan contract subject to this article, or at least 20
business days prior to the...
|
California Health And Safety Code Section 1399.816
Carriers and health care service plans that offer
contracts to individuals may elect to establish a mechanism or method
to share in the financing of...
|
California Health And Safety Code Section 1399.817
The director may issue regulations that are necessary to
carry out the purposes of this article. Any rules and regulations
adopted pursuant to this...
|
California Health And Safety Code Section 1399.818
This article shall apply to health care service plan
contracts offered, delivered, amended, or renewed on or after January
1, 2001.
|
California Health And Safety Code Section 1399.900
(a) For the purposes of this chapter, "disease management
organization" means an entity that provides disease management
programs and services and...
|
California Health And Safety Code Section 1399.901
For the purposes of this chapter, "disease management
programs and services" means services administered to patients in
order to improve their...
|
California Health And Safety Code Section 1399.902
(a) Every disease management organization shall obtain
physician authorization prior to the time that the disease management
organization, its...
|
California Health And Safety Code Section 1399.903
A disease management organization may receive medical
information as provided in paragraph (17) of subdivision (c) of
Section 56.10 of the Civil...
|
California Health And Safety Code Section 1399.904
A disease management organization shall not use medical
information obtained pursuant to Section 1399.903 to solicit or to
offer for sale to a health
|
California Health And Safety Code Section 1400
(a) It is unlawful for any person, association, or
corporation to establish, conduct or maintain a referral agency or to
refer any person for...
|
California Health And Safety Code Section 1401
As used in this chapter "referral agency" means a private,
profit or nonprofit agency which is engaged in the business of
referring persons for...
|
California Health And Safety Code Section 1403
Each application for a license or renewal of license under
this chapter shall be accompanied by an annual Licensing and
Certification Program fee set
|
California Health And Safety Code Section 1404
No licensee under this chapter shall have a direct or
indirect financial interest in any medical facility doing business
with the licensee.
|
California Health And Safety Code Section 1404.5
A license application shall be submitted to the department
whenever any of the following circumstances occur:
(a) Change of ownership of the...
|
California Health And Safety Code Section 1405
Any person, partnership, firm, corporation or association
desiring to obtain a license shall file with the department an
application on forms...
|
California Health And Safety Code Section 1406
This chapter shall not apply to any local public agency
performing referral services without cost to recipients of public
social services when...
|
California Health And Safety Code Section 1407
(a) Any licensee desiring to voluntarily surrender his or her
license for cancellation or temporary suspension shall notify the
department in writing
|
California Health And Safety Code Section 1408
(a) Upon verification of compliance with this chapter and
with the approval of the department, the department shall issue the
license to the...
|
California Health And Safety Code Section 1409
Separate licenses shall be required for referral agencies
which are maintained on separate, noncontiguous premises.
|
California Health And Safety Code Section 1409.1
The license or true copy thereof shall be conspicuously
posted in a prominent location accessible to public view.
|
California Health And Safety Code Section 1409.2
Licenses issued pursuant to this article are not
transferable.
|
California Health And Safety Code Section 1409.3
(a) The licensee shall notify the department within 10 days
in writing when a change of stockholder owning 10 percent or more of
the nonpublic...
|
California Health And Safety Code Section 1410
The department may suspend or revoke licenses issued under
this chapter for violation of any provisions of this chapter or rules
and regulations...
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California Health And Safety Code Section 1411
A violation of the provisions of this chapter or rules and
regulations promulgated hereunder by a person licensed pursuant to
Division 2 (commencing...
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California Health And Safety Code Section 1412
Any person, association or corporation referring persons
without a license in violation of Section 1400 shall be liable for a
civil penalty in the...
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California Health And Safety Code Section 1413
Civil penalties collected pursuant to this article shall be
used to administer the provisions of this chapter.
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California Health And Safety Code Section 1416
This chapter shall be known and may be cited as the Nursing
Home Administrators' Act.
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California Health And Safety Code Section 1416.1
There is hereby established in the State Department of
Health Services a Nursing Home Administrator Program (NHAP), which
shall license and regulate...
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California Health And Safety Code Section 1416.2
(a) The following definitions shall apply to this chapter:
(1) "Department" means the State Department of Health Services.
(2) "NHAP" or...
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California Health And Safety Code Section 1416.4
The program shall adopt rules and regulations that are
reasonably necessary to carry out this chapter. The rules and
regulations shall be adopted,...
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California Health And Safety Code Section 1416.6
(a) It shall be a misdemeanor for any person to act or
serve in the capacity of a nursing home administrator, unless he or
she is the holder of an...
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California Health And Safety Code Section 1416.10
In conformity with the requirements of Section 1908(c) of
the Social Security Act (42 U.S.C. Sec. 1396g(c)), the program shall
have all of the...
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California Health And Safety Code Section 1416.12
The following enforcement actions taken by the department
against a facility and the name of the licensed administrator of the
facility shall be...
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California Health And Safety Code Section 1416.20
(a) The nursing home administrator licensing examination
shall cover the broad aspects of nursing home administration.
(b) Unless otherwise...
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California Health And Safety Code Section 1416.22
(a) To qualify for the licensing examination, an applicant
must be at least 18 years of age, be a citizen of the United States
or a legal resident,...
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California Health And Safety Code Section 1416.23
(a) Upon request of an applicant who is a member of a
church or religious denomination, recognized by the Internal Revenue
Service under Section...
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California Health And Safety Code Section 1416.24
(a) An application for a nursing home administrator
license shall be submitted to the program on a form provided by the
program, with the appropriate
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California Health And Safety Code Section 1416.26
(a) As part of the application process for a nursing home
administrator license, an applicant shall electronically submit
fingerprint images and...
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California Health And Safety Code Section 1416.28
(a) Notwithstanding any other law, the program shall at
the time of application, issuance, or renewal of a nursing home
administrator license require
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California Health And Safety Code Section 1416.30
(a) The program shall require compliance with any judgment
or order for support prior to issuance or renewal of a license.
(b) Each applicant for...
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California Health And Safety Code Section 1416.32
(a) Prior to admission to the licensing examination, the
applicant shall read and sign an examination security agreement and
comply with its terms.
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California Health And Safety Code Section 1416.34
(a) (1) In order to have a passing score on either the
national or state examination, an examinee shall earn a score of at
least 75 percent.
(2)...
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California Health And Safety Code Section 1416.36
(a) The fees prescribed by this chapter are as follows:
(1) The application fee for reviewing an applicant's eligibility
to take the examination...
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California Health And Safety Code Section 1416.38
(a) The Nursing Home Administrator's State License
Examining Board Fund in the Professions and Vocations Fund in the
State Treasury is hereby renamed
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California Health And Safety Code Section 1416.40
(a) For purposes of this chapter, "reciprocity applicant"
means any applicant who holds a current license as a nursing home
administrator in another...
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California Health And Safety Code Section 1416.42
(a) Except for provisional licenses issued pursuant to
Section 1416.40, each license issued pursuant to this chapter shall
expire 24 months from the...
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California Health And Safety Code Section 1416.44
(a) Notwithstanding any other provision of law, a licensee
who permitted his or her license to expire while serving in any
branch of the armed...
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California Health And Safety Code Section 1416.45
A licensee may not engage in licensed activity while his
or her license is suspended or revoked, or after it has expired.
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California Health And Safety Code Section 1416.46
(a) A revoked license may not be renewed.
(b) A licensee whose license has been revoked may petition the
program for reinstatement after a period...
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California Health And Safety Code Section 1416.48
A licensee who does not intend to engage in activity
requiring nursing home administrator licensure may file a request to
place his or her license in
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California Health And Safety Code Section 1416.50
(a) For purposes of this chapter, "continuing education"
means any course of study offered by an educational institution,
association, professional...
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California Health And Safety Code Section 1416.55
(a) An Administrator-in-Training Program (AIT Program)
shall be developed by the NHAP, in consultation with representatives
from the long-term care...
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California Health And Safety Code Section 1416.57
(a) An individual may, upon compliance with the
requirements of this section, be approved by the program to be a
preceptor who is authorized to...
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California Health And Safety Code Section 1416.60
Each licensee shall, within 30 days, after each
appointment as the designated administrator of a nursing home and
after any termination of that...
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California Health And Safety Code Section 1416.62
The program shall maintain a current list of nursing home
administrators who have been placed on probation or had their
licenses suspended or revoked
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California Health And Safety Code Section 1416.64
(a) The program shall maintain a record of enforcement
actions reported to the program, pursuant to Section 1416.12. The
program shall routinely...
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California Health And Safety Code Section 1416.66
(a) The program shall develop and make available a form
that may be utilized at the nursing home administrator's option to
provide the program with...
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California Health And Safety Code Section 1416.68
(a) It is the responsibility of the nursing home
administrator as the managing officer of the facility to plan,
organize, direct, and control the...
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California Health And Safety Code Section 1416.69
(a) Within 24 hours after the nursing home administrator
acquires actual knowledge or credible information that any of the
events specified in...
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California Health And Safety Code Section 1416.70
(a) The program shall establish a system for the issuance
of citations to licensees, examinees, or participants of any program
activity offered or...
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California Health And Safety Code Section 1416.72
(a) The program may issue a citation to any person who
holds a license from the program and who violates any statute or
regulation governing licensed
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California Health And Safety Code Section 1416.74
(a) The time allowed for abatement of violation shall
begin the first day after the order of abatement has been served or
received. If a licensee...
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California Health And Safety Code Section 1416.75
The program may deny, or may suspend or revoke, a license
upon any of the following grounds:
(a) Gross negligence.
(b) Incompetence.
(c) The
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California Health And Safety Code Section 1416.76
(a) The program may deny a nursing home administrator
applicant or licensee, a license, based on one of the following
grounds:
(1) Conviction of a
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California Health And Safety Code Section 1416.77
The program may deny, or may suspend or revoke, a nursing
home administrator license or participation in specific training
program areas under this...
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California Health And Safety Code Section 1416.78
(a) The program may place a nursing home administrator
license on probation in lieu of formal action to suspend or revoke
the license if the...
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California Health And Safety Code Section 1416.80
Upon the determination to deny application for licensure
for grounds specified in Section 1416.77, the program shall
immediately notify the applicant
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California Health And Safety Code Section 1416.82
(a) Proceedings to suspend or revoke licensure for grounds
specified in Section 1416.77 shall be conducted in accordance with
Section 100171. In the
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California Health And Safety Code Section 1416.84
Whenever any person has engaged, or is about to engage, in
any acts or practices that constitute, or will constitute, a
violation of this chapter,...
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California Health And Safety Code Section 1416.86
If any provision of this chapter, or the application
thereof to any person or circumstance, is held invalid, that
invalidity shall not affect other...
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California Health And Safety Code Section 1417
This chapter shall be known and may be cited as the Long-Term
Care, Health, Safety, and Security Act of 1973.
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California Health And Safety Code Section 1417.1
It is the intent of the Legislature in enacting this
chapter to establish (1) a citation system for the imposition of
prompt and effective civil...
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California Health And Safety Code Section 1417.15
(a) (1) If one or more of the following remedies is
actually imposed for violation of state or federal requirements, the
long-term health care...
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California Health And Safety Code Section 1417.2
(a) Notwithstanding Section 1428, moneys collected as a
result of state and federal civil penalties imposed under this
chapter or federal law shall...
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California Health And Safety Code Section 1417.3
The department shall promote quality of care and quality of
life for residents, clients, and patients in long-term health care
facility services...
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California Health And Safety Code Section 1417.4
(a) There is hereby established in the state department the
Quality Awards Program for nursing homes.
(b) The department shall establish criteria...
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California Health And Safety Code Section 1418
As used in this chapter:
(a) "Long-term health care facility" means any facility licensed
pursuant to Chapter 2 (commencing with Section 1250)...
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California Health And Safety Code Section 1418.1
(a) Any person receiving respite care services shall be
permitted to bring medications to the skilled nursing facility or
intermediate care facility
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California Health And Safety Code Section 1418.2
(a) Every facility licensed pursuant to subdivisions (c),
(d), (e), and (g) of Section 1250 and every skilled nursing facility
licensed separately...
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California Health And Safety Code Section 1418.3
(a) Each licensed skilled nursing facility shall, when
requested by a member of a patient's family, allow the family to meet
privately with a family...
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California Health And Safety Code Section 1418.4
(a) No licensed skilled nursing facility or intermediate
care facility may prohibit the formation of a family council, and,
when requested by a...
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California Health And Safety Code Section 1418.5
No regulation adopted with respect to skilled nursing
facilities or intermediate care facilities shall prohibit patients in
the facility from storing
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California Health And Safety Code Section 1418.6
No long-term health care facility shall accept or retain
any patient for whom it cannot provide adequate care.
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California Health And Safety Code Section 1418.7
(a) Long-term health care facilities, as defined in Section
1418, shall develop and implement policies and procedures designed
to reduce theft and...
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California Health And Safety Code Section 1418.8
(a) If the attending physician and surgeon of a resident in
a skilled nursing facility or intermediate care facility prescribes
or orders a medical...
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California Health And Safety Code Section 1418.81
(a) In order to assure the provision of quality patient
care and as part of the planning for that quality patient care,
commencing at the time of...
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California Health And Safety Code Section 1418.9
(a) If the attending physician and surgeon of a resident in
a skilled nursing facility prescribes, orders, or increases an order
for an antipsychotic
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California Health And Safety Code Section 1418.91
(a) A long-term health care facility shall report all
incidents of alleged abuse or suspected abuse of a resident of the
facility to the department...
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California Health And Safety Code Section 1419
(a) The department shall establish a centralized consumer
response unit within the Licensing and Certification Division of the
department to respond...
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California Health And Safety Code Section 1420
(a) (1) Upon receipt of a written or oral complaint, the
state department shall assign an inspector to make a preliminary
review of the complaint and
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California Health And Safety Code Section 1421
(a) Any duly authorized officer, employee, or agent of the
state department may enter and inspect any long-term health care
facility, including, but...
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California Health And Safety Code Section 1421.1
(a) Within 24 hours of the occurrence of any of the events
specified in subdivision (b), the licensee of a skilled nursing
facility shall notify the...
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California Health And Safety Code Section 1421.5
(a) (1) Within 24 hours of the filing of a bankruptcy
petition under Title 11 of the United States Code or any other laws
of the United States, by...
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California Health And Safety Code Section 1422
(a) The Legislature finds and declares that it is the public
policy of this state to ensure that long-term health care facilities
provide the highest
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California Health And Safety Code Section 1422.1
(a) Notwithstanding Section 1422, the State Department of
Health Services shall conduct, when feasible, annual licensing
inspections of licensed...
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California Health And Safety Code Section 1422.5
(a) The department shall develop and establish a consumer
information service system to provide updated and accurate
information to the general...
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California Health And Safety Code Section 1422.6
Each skilled nursing facility and intermediate care
facility shall post a copy of the notice required pursuant to Section
9718 of the Welfare and...
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California Health And Safety Code Section 1422.7
The state department shall provide the office, as defined
in subdivision (c) of Section 9701 of the Welfare and Institutions
Code, with copies of...
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California Health And Safety Code Section 1423
(a) If upon inspection or investigation the director
determines that any nursing facility is in violation of any state or
federal law or regulation...
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California Health And Safety Code Section 1423.5
(a) The state department shall centrally review federal
deficiencies and supporting documentation that may require the
termination of certification...
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California Health And Safety Code Section 1424
Citations issued pursuant to this chapter shall be classified
according to the nature of the violation and shall indicate the
classification on the...
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California Health And Safety Code Section 1424.1
(a) On and after the effective date of this section, no
citation shall be issued or sustained under this chapter for a
violation of any regulation...
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California Health And Safety Code Section 1424.5
(a) In lieu of the fines specified in subdivisions (c),
(d), and (e) of Section 1424, fines imposed on skilled nursing
facilities or intermediate...
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California Health And Safety Code Section 1425
Where a licensee has failed to correct a violation within the
time specified in the citation, the state department shall assess
the licensee a civil...
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California Health And Safety Code Section 1426
After consultation with industry, professional, and consumer
groups affected thereby, but not later than three months after the
effective date of...
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California Health And Safety Code Section 1427
(a) When the administration of medications, treatments, or
other care is not recorded, as required by law, in the health care
record for a patient of
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California Health And Safety Code Section 1428
(a) If the licensee desires to contest a citation or the
proposed assessment of a civil penalty therefor, the licensee shall
use the processes...
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California Health And Safety Code Section 1428.1
Except as provided in subdivision (b) of Section 1424.5, a
licensee may, in lieu of contesting a citation pursuant to Section
1428, transmit to the...
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California Health And Safety Code Section 1428.2
In the case of a class "A" or class "AA" citation issued to
a long-term health care facility which is appealed, the citation
shall expire and have no
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California Health And Safety Code Section 1429
(a) Each class "AA" and class "A" citation specified in
subdivisions (b) and (c) of Section 1424 that is issued pursuant to
this section and that has
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California Health And Safety Code Section 1429.1
(a) If a long-term health care facility licensed as a
skilled nursing facility or an intermediate care facility, as defined
in paragraphs (1) and (2)
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California Health And Safety Code Section 1430
(a) Except where the state department has taken action and
the violations have been corrected to its satisfaction, a licensee
who commits a class "A"
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California Health And Safety Code Section 1431
It is a misdemeanor for any person to do any of the
following:
(a) Willfully prevent, interfere with, or attempt to impede in any
way the work of...
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California Health And Safety Code Section 1432
(a) No licensee shall discriminate or retaliate in any manner
against any complainant, or any patient or employee in its long-term
health care...
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California Health And Safety Code Section 1432.1
No licensee shall be cited for any violation caused by any
person licensed pursuant to the Medical Practice Act (Chapter 5
(commencing with Section...
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California Health And Safety Code Section 1433
The remedies provided by this chapter are cumulative, and
shall not be construed as restricting any remedy, provisional or
otherwise, provided by law
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California Health And Safety Code Section 1434
Commencing in 1974, the state department shall, on or before
February 1 of each year, notify all public agencies which refer
patients to long-term...
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California Health And Safety Code Section 1436
On or before July 1, 1974, the state department shall provide
for additional and ongoing training for inspectors charged with
implementation of this...
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California Health And Safety Code Section 1437
If a health facility, or an applicant for a license has not
been previously licensed pursuant to Chapter 2 (commencing with
Section 1250), the state...
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California Health And Safety Code Section 1437.5
(a) If a facility is certified to participate in the
federal Medicare program as a skilled nursing facility under Title
XVIII of the Social Security...
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California Health And Safety Code Section 1438
The state department shall review the effectiveness of the
enforcement system in maintaining the quality of care provided by
long-term health care...
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California Health And Safety Code Section 1439
Any writing received, owned, used, or retained by the state
department in connection with the provisions of this chapter is a
public record within...
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California Health And Safety Code Section 1439.2
Every long-term health care facility shall provide an
activity program to the residents of the facility to meet the needs
and interests of the...
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California Health And Safety Code Section 1439.5
(a) The state department shall undertake the immediate
development, implementation, and maintenance of an automated
information system. The...
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California Health And Safety Code Section 1439.7
Notwithstanding Section 14124.7 of the Welfare and
Institutions Code, a long-term health care facility participating as
a provider under the Medi-Cal
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California Health And Safety Code Section 1439.8
Every long-term health care facility shall reveal to
applicants for admission, or their designated representatives, orally
and in writing, and prior...
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California Health And Safety Code Section 1440
As used in this chapter the term "board" means the board of
supervisors of a county.
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California Health And Safety Code Section 1441
The board of supervisors in each county may establish and
maintain a county hospital, prescribe rules for the government and
management thereof,...
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California Health And Safety Code Section 1441.5
(a) A member of a county hospital's medical or allied
health professional staff who is an officer of the board of
supervisors, or of a board or...
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California Health And Safety Code Section 1442.5
(a) Prior to (1) closing , (2) eliminating or reducing the
level of medical services provided by, or (3) the leasing, selling,
or transfer of...
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California Health And Safety Code Section 1443
The board may provide for transporting the needy sick to and
from hospitals to which they may be sent by authority of the board,
and may provide for...
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California Health And Safety Code Section 1444
The board of supervisors in each county or city and county,
having a population of one million or more, may purchase ambulances,
establish and...
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California Health And Safety Code Section 1444.6
If a county hospital requests an ambulance to transfer a
mental health patient who is unstable and has a history of being
assaultive to another...
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California Health And Safety Code Section 1445
Under such limitations and restrictions as are prescribed by
law, and in addition to jurisdiction and powers otherwise conferred,
the boards of...
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California Health And Safety Code Section 1446
Except as otherwise provided in this chapter, a person, in
order to be eligible for care, shall be a resident of the state and
county wherein care is
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California Health And Safety Code Section 1447
Notwithstanding any other provisions of the Welfare and
Institutions Code, the county which is responsible for the payment of
public assistance to...
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California Health And Safety Code Section 1451
(a) Except as otherwise provided in this section, the board
shall not let the care, maintenance, or attendance of the indigent
sick or dependent poor
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California Health And Safety Code Section 1451.5
The board may authorize payment for care provided, on or
after January 1, 1962, to an indigent resident of the county in a
hospital or medical...
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California Health And Safety Code Section 1452
The board of supervisors of counties of the 20th class and
40th to 58th class, inclusive, in connection with the administration
of a county hospital...
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California Health And Safety Code Section 1453
The board of supervisors of any county in connection with the
administration of any county hospital may establish in the county
treasury a special...
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California Health And Safety Code Section 1454
In any county where a county hospital has been established,
any expectant mother who is unable to pay for her necessary care
shall be admitted to the
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California Health And Safety Code Section 1455
The board shall appoint a suitable graduate, or graduates, in
medicine to attend such indigent sick or dependent poor in the
county hospitals and...
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California Health And Safety Code Section 1456
(a) In the interest of public health and safety the board of
supervisors of any county which maintains a county hospital may by
ordinance establish a
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California Health And Safety Code Section 1457
(a) The State Department of Health Services, with the advice
of the State Department of Social Services, shall prescribe the
records to be kept by...
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California Health And Safety Code Section 1458
The board may provide a farm in connection with the county
hospital or almshouse and may make regulations for working the same.
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California Health And Safety Code Section 1459
No county hospital which permits sterilization operations for
contraceptive purposes to be performed therein, nor the medical
staff of such hospital,
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California Health And Safety Code Section 1460
(a) Upon a determination and establishment of the need to
recruit and retain registered nurses, licensed vocational nurses,
X-ray technicians,...
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California Health And Safety Code Section 1461
Notwithstanding any other provisions of law, the board of
directors of any hospital subject to this chapter may order that any
hearings on the...
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California Health And Safety Code Section 1461
Notwithstanding any other provisions of law, the board of
directors of any hospital subject to this chapter may order that any
hearings on the...
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California Health And Safety Code Section 1462
(a) Except as provided in this section or Section 1461, all
of the sessions of the board of directors of any hospital subject to
this chapter,...
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California Health And Safety Code Section 1473
The board of supervisors in each county may fix the rates to
be charged patients admitted to any county hospital and may direct
any county officer to
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California Health And Safety Code Section 1474
In collecting charges for care rendered under this chapter,
the board may exercise all powers provided in Chapter 5 (commencing
with Section 17400)...
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California Health And Safety Code Section 1475
Unless there exists a reciprocal agreement relating to the
expense of medical care and treatment, it shall be the duty of every
county to pay for the
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California Health And Safety Code Section 1491
In addition to any examination performed without charge to a
victim of rape or other sexual assault pursuant to Section 13823.95
of the Penal Code, a
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California Health And Safety Code Section 1492
A county hospital shall provide persons examined or treated
in connection with rape or other sexual assaults with information
regarding assistance...
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California Health And Safety Code Section 1496
As used in this article:
(a) "Continuing education program" means educational programs
designed to increase the knowledge and skills of health...
|
California Health And Safety Code Section 1496.5
Any county may conduct continuing education programs for
non-county-employed licensed health workers or non-county-employed
nonlicensed health...
|
California Health And Safety Code Section 1497
(a) Any county health facility, including, but not limited
to, hospitals, mental health facilities, and other public health
facilities, may utilize...
|
California Health And Safety Code Section 1497.5
(a) Any county conducting continuing educational programs
pursuant to this article shall charge and collect fees sufficient to
defray the cost of...
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California Health And Safety Code Section 1498
Any county conducting a continuing education program pursuant
to this article shall maintain individual records of attendance and
the number of...
|
California Health And Safety Code Section 1499
(a) Any person or entity licensed or certificated under
Chapter 1 (commencing with Section 1200), Chapter 2 (commencing with
Section 1250), Chapter...
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California Health And Safety Code Section 1500
This chapter shall be known and may be cited as the
California Community Care Facilities Act.
|
California Health And Safety Code Section 1501
(a) The Legislature hereby finds and declares that there is
an urgent need to establish a coordinated and comprehensive statewide
service system of...
|
California Health And Safety Code Section 1501.1
(a) It is the policy of the state to facilitate the proper
placement of every child in residential care facilities where the
placement is in the best
|
California Health And Safety Code Section 1502
As used in this chapter:
(a) "Community care facility" means any facility, place, or
building that is maintained and operated to provide...
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California Health And Safety Code Section 1502.3
For purposes of this chapter, a "community care facility,"
pursuant to Section 1502, includes a transitional shelter care
facility. A "transitional...
|
California Health And Safety Code Section 1502.4
(a) (1) A community care facility licensed as a group home
for children pursuant to this chapter may accept for placement, and
provide care and...
|
California Health And Safety Code Section 1502.5
Notwithstanding Section 1502, residential care facilities
for the elderly, as defined in Section 1569.2, shall not be
considered community care...
|
California Health And Safety Code Section 1502.6
The department shall deny a private adoption agency a
license, or revoke an existing private adoption agency license,
unless the applicant or...
|
California Health And Safety Code Section 1503
As used in this chapter, "license" means a basic permit to
operate a community care facility.
A license shall not be transferable.
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California Health And Safety Code Section 1503.5
(a) A facility shall be deemed to be an "unlicensed
community care facility" and "maintained and operated to provide
nonmedical care" if it is...
|
California Health And Safety Code Section 1504
As used in this chapter, "special permit" means a permit
issued by the state department authorizing a community care facility
to offer specialized...
|
California Health And Safety Code Section 1504.5
(a) (1) This chapter does not apply to any independent
living arrangement or supportive housing, described in paragraph (2)
of subdivision (c), for...
|
California Health And Safety Code Section 1505
This chapter does not apply to any of the following:
(a) Any health facility, as defined by Section 1250.
(b) Any clinic, as defined by Section
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California Health And Safety Code Section 1505.2
A licensing agency may authorize a foster family home to
provide 24-hour care for up to eight foster children, for the purpose
of placing siblings or
|
California Health And Safety Code Section 1505.5
The director shall adopt regulations authorizing
residential facilities, as defined in Section 1502, to fill unused
capacity on a short-term,...
|
California Health And Safety Code Section 1506
(a) (1) Any holder of a valid license issued by the
department that authorizes the licensee to engage in any foster
family agency functions, may use...
|
California Health And Safety Code Section 1506.5
(a) Foster family agencies shall not use foster family
homes licensed by a county without the approval of the licensing
county. When approval is...
|
California Health And Safety Code Section 1506.6
It is the intent of the Legislature that public and private
efforts to recruit foster parents not be competitive and that the
total number of foster...
|
California Health And Safety Code Section 1506.7
(a) A foster family agency shall require the owner or
operator of a family home applying for certification to sign an
application that shall contain,
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California Health And Safety Code Section 1506.8
Before certifying a family home, a foster family agency
shall contact any foster family agencies by whom an applicant has
been previously certified...
|
California Health And Safety Code Section 1506.9
(a) No person shall incur civil liability as a result of
providing the department with any of the following:
(1) The foster family agency...
|
California Health And Safety Code Section 1507
(a) Notwithstanding any other provision of law, incidental
medical services may be provided in a community care facility. If
the medical services...
|
California Health And Safety Code Section 1507.1
(a) An adult community care facility may permit incidental
medical services to be provided through a home health agency licensed
pursuant to Chapter...
|
California Health And Safety Code Section 1507.2
Notwithstanding any other provision of this chapter, a
child with special health care needs, as defined in subdivision (a)
of Section 17710 of the...
|
California Health And Safety Code Section 1507.25
(a) (1) Notwithstanding any other provision of law, a
person described in paragraph (2), who is not a licensed health care
professional, but who is...
|
California Health And Safety Code Section 1507.3
(a) A residential facility that provides care to adults may
obtain a waiver from the department for the purpose of allowing a
resident who has been...
|
California Health And Safety Code Section 1507.5
(a) In-home medical care and home and community-based
services, as described in subdivisions (t) and (u) of Section 14132
of the Welfare and...
|
California Health And Safety Code Section 1507.6
Mental health services, as deemed necessary by the placing
agency, may be provided to children in a group home. Except for the
physical safety and...
|
California Health And Safety Code Section 1508
No person, firm, partnership, association, or corporation
within the state and no state or local public agency shall operate,
establish, manage,...
|
California Health And Safety Code Section 1509
The state department shall inspect and license community care
facilities, except as otherwise provided in Section 1508. The state
department shall...
|
California Health And Safety Code Section 1509.5
(a) The department and the licensing agencies with which it
contracts for licensing shall review and make a final determination
within 60 days of an...
|
California Health And Safety Code Section 1510
The state department may provide consulting services upon
request to any community care facility to assist in the
identification or correction of...
|
California Health And Safety Code Section 1511
The state department may contract for state, county, or other
public agencies to assume specified licensing, approval, or
consultation...
|
California Health And Safety Code Section 1512
Each residential community care facility shall state, on its
client information form or admission agreement, and on its patient's
rights form, the...
|
California Health And Safety Code Section 1512.5
(a) No residential facility may prohibit the formation of a
family council, and, when requested by a member of the resident's
family or the...
|
California Health And Safety Code Section 1513
No license or special permit issued pursuant to the
provisions of this chapter shall have any property value for sale or
exchange purposes and no...
|
California Health And Safety Code Section 1514
(a) Each residential care facility licensed under this
chapter shall reveal its license number in all advertisements,
publications, or announcements...
|
California Health And Safety Code Section 1515
The department shall authorize county welfare departments to
undertake comprehensive recruitment programs, including but not
limited to media...
|
California Health And Safety Code Section 1516
(a) For purposes of this chapter, "crisis nursery" means a
facility licensed by the department pursuant to subdivision (j) to
provide short-term,...
|
California Health And Safety Code Section 1518
(a) Nothing in this chapter shall authorize the imposition of
rent regulations or controls for licensed community care facilities.
(b) Licensed...
|
California Health And Safety Code Section 1520
Any person desiring issuance of a license for a community
care facility or a special permit for specialized services under this
chapter shall file...
|
California Health And Safety Code Section 1520.1
In addition to Section 1520, applicants for a group home
facility license shall meet the following requirements:
(a) (1) During the first 12...
|
California Health And Safety Code Section 1520.11
(a) A corporation that applies for licensure with the
department shall list the facilities that any member of the board of
directors, an executive...
|
California Health And Safety Code Section 1520.2
(a) Every licensed community care facility, at the request
of a majority of its residents, shall assist its residents in
establishing and maintaining
|
California Health And Safety Code Section 1520.3
(a) (1) If an application for a license or special permit
indicates, or the department determines during the application review
process, that the...
|
California Health And Safety Code Section 1520.5
(a) The Legislature hereby declares it to be the policy of
the state to prevent overconcentrations of residential care
facilities that impair the...
|
California Health And Safety Code Section 1520.7
(a) Every community care facility that is licensed or has a
special permit for specialized services pursuant to Section 1525
shall provide a copy of...
|
California Health And Safety Code Section 1521
Any person desiring a license for a community care facility
under the provisions of this chapter which is required by other code
provisions or rules...
|
California Health And Safety Code Section 1521.5
(a) The county welfare director shall, prior to the
issuance of any foster family home license, ensure that the county
licensing staff, or the...
|
California Health And Safety Code Section 1521.6
(a) The Legislature recognizes the importance of ensuring
that prospective foster family homes meet specified health and safety
requirements. ...
|
California Health And Safety Code Section 1522
The Legislature recognizes the need to generate timely and
accurate positive fingerprint identification of applicants as a
condition of issuing...
|
California Health And Safety Code Section 1522.01
(a) Any person required to be registered as a sex offender
under Section 290 of the Penal Code shall disclose this fact to the
licensee of a...
|
California Health And Safety Code Section 1522.02
(a) The department may adopt regulations to create
substitute employee registries for persons working at more than one
facility licensed pursuant to...
|
California Health And Safety Code Section 1522.03
The Department of Justice may charge a fee sufficient to
cover its cost in providing services in accordance with Section 1522
to comply with the...
|
California Health And Safety Code Section 1522.04
(a) The Legislature recognizes the need to generate timely
and accurate positive fingerprint identification of applicants as a
condition of issuing...
|
California Health And Safety Code Section 1522.05
(a) A foster family agency shall not place a child in a
certified family home until the foster family agency has received
both a criminal record...
|
California Health And Safety Code Section 1522.06
(a) Individuals who are volunteer candidates for mentoring
children in foster care settings, as defined by the department,
shall be subject to a...
|
California Health And Safety Code Section 1522.07
(a) Notwithstanding subdivision (d) of Section 1522,
foster family agencies shall submit fingerprints of their certified
foster parent applicants to...
|
California Health And Safety Code Section 1522.08
(a) In order to protect the health and safety of persons
receiving care or services from individuals or facilities licensed or
certified by the...
|
California Health And Safety Code Section 1522.08
(a) In order to protect the health and safety of persons
receiving care or services from individuals or facilities licensed or
certified by the...
|
California Health And Safety Code Section 1522.1
(a) Prior to granting a license to, or otherwise approving,
any individual to care for or reside with children, the department
shall check the Child...
|
California Health And Safety Code Section 1522.2
If a local law enforcement agency, a probation officer, or
a local department or agency that provides social services becomes
aware that an employee...
|
California Health And Safety Code Section 1522.4
(a) In addition to any other requirements of this chapter
and except for foster family homes, small family homes, and certified
family homes of...
|
California Health And Safety Code Section 1522.41
(a) The director, in consultation and collaboration with
county placement officials, group home provider organizations, the
Director of Mental...
|
California Health And Safety Code Section 1522.42
(a) The department, in consultation and collaboration with
county placement officials, provider organizations, the State
Department of Mental Health,
|
California Health And Safety Code Section 1522.43
(a) (1) For the duties the department imposes on a group
home facility administrator in this chapter and in regulations
adopted by the department,...
|
California Health And Safety Code Section 1522.5
The State Department of Social Services, in processing
fingerprint clearances, shall give expeditious treatment to employees
of, and applicants for...
|
California Health And Safety Code Section 1523.1
(a) An application fee adjusted by facility and capacity
shall be charged by the department for the issuance of a license.
After initial licensure, a
|
California Health And Safety Code Section 1523.2
(a) Beginning with the 1996-97 fiscal year, there is
hereby created in the State Treasury the Technical Assistance Fund,
from which money, upon...
|
California Health And Safety Code Section 1523.5
Transitional shelter care facilities, as defined in Section
1502.3, shall be exempt from the fees imposed pursuant to
subdivision (a) of Section...
|
California Health And Safety Code Section 1524
A license shall be forfeited by operation of law when one of
the following occurs:
(a) The licensee sells or otherwise transfers the facility or...
|
California Health And Safety Code Section 1524.1
(a) Notwithstanding Section 1524, in the event of a sale of
a licensed community care facility, except foster family homes and
small family homes,...
|
California Health And Safety Code Section 1524.5
(a) In addition to any other requirements of this chapter,
any community care facility providing residential care for six or
fewer persons, except...
|
California Health And Safety Code Section 1524.6
(a) In addition to any other requirement of this chapter,
any group home facility, as defined by regulations of the department,
providing care for...
|
California Health And Safety Code Section 1524.7
The State Department of Social Services shall provide to
residential care facilities a form, which the residential care
facility shall attach to each
|
California Health And Safety Code Section 1525
Upon the filing of the application for issuance of a license
or for a special permit and substantial compliance with the
provisions of this chapter...
|
California Health And Safety Code Section 1525.25
(a) It is the intent of the Legislature to provide for
proper case management and orderly transition in placement when
family home licensing or...
|
California Health And Safety Code Section 1525.3
Prior to the issuance of any new license or special permit
pursuant to this chapter, the applicant shall attend an orientation
given by the...
|
California Health And Safety Code Section 1525.5
(a) The director may issue provisional licenses to operate
community care facilities for facilities which the director
determines are in substantial...
|
California Health And Safety Code Section 1526
Immediately upon the denial of any application for a license
or for a special permit, the state department shall notify the
applicant in writing....
|
California Health And Safety Code Section 1526.5
(a) Within 90 days after a facility accepts its first
client for placement following the issuance of a license or special
permit pursuant to Section...
|
California Health And Safety Code Section 1526.75
(a) It is the intent of the Legislature to maintain
quality resources for children needing placement away from their
families. If, during a periodic
|
California Health And Safety Code Section 1526.8
(a) It is the intent of the Legislature that the department
develop modified staffing levels and requirements for crisis
nurseries, provided that the
|
California Health And Safety Code Section 1527
As used in this article:
(a) "Aircraft" includes, but is not limited to, any airplane,
glider, or hot air balloon.
(b) "Bodily injury" means...
|
California Health And Safety Code Section 1527.1
There is hereby established the Foster Family Home and
Small Family Home Insurance Fund within the State Department of
Social Services. The fund...
|
California Health And Safety Code Section 1527.2
The fund, subject to this article, shall pay, on behalf of
foster family homes and small family homes, any claims of foster
children, their parents,...
|
California Health And Safety Code Section 1527.3
The fund shall not be liable for any of the following:
(a) Any loss arising out of a dishonest, fraudulent, criminal, or
intentional act.
(b)...
|
California Health And Safety Code Section 1527.4
Notwithstanding any other provision of this article, the
fund shall not be liable for damages in excess of three hundred
thousand dollars ($300,000)...
|
California Health And Safety Code Section 1527.5
The fund shall be liable, if a claim is approved, to pay on
behalf of each licensed foster family home or small family home, all
sums which the...
|
California Health And Safety Code Section 1527.6
(a) Any claim against the fund shall be filed with the fund
in accordance with claims procedures and on forms prescribed by the
State Department of...
|
California Health And Safety Code Section 1527.7
All processing of decisions and reports, payment of claims,
and other administrative actions relating to the fund shall be
conducted by the State...
|
California Health And Safety Code Section 1527.8
It is the intent of the Legislature to maintain the fund
established pursuant to Section 1527.1 at an adequate level to meet
anticipated liabilities.
|
California Health And Safety Code Section 1521.6
(a) The Legislature recognizes the importance of ensuring
that prospective foster family homes meet specified health and safety
requirements. ...
|
California Health And Safety Code Section 1522
The Legislature recognizes the need to generate timely and
accurate positive fingerprint identification of applicants as a
condition of issuing...
|
California Health And Safety Code Section 1522.01
(a) Any person required to be registered as a sex offender
under Section 290 of the Penal Code shall disclose this fact to the
licensee of a...
|
California Health And Safety Code Section 1522.02
(a) The department may adopt regulations to create
substitute employee registries for persons working at more than one
facility licensed pursuant to...
|
California Health And Safety Code Section 1522.03
The Department of Justice may charge a fee sufficient to
cover its cost in providing services in accordance with Section 1522
to comply with the...
|
California Health And Safety Code Section 1522.04
(a) The Legislature recognizes the need to generate timely
and accurate positive fingerprint identification of applicants as a
condition of issuing...
|
California Health And Safety Code Section 1522.05
(a) A foster family agency shall not place a child in a
certified family home until the foster family agency has received
both a criminal record...
|
California Health And Safety Code Section 1522.06
(a) Individuals who are volunteer candidates for mentoring
children in foster care settings, as defined by the department,
shall be subject to a...
|
California Health And Safety Code Section 1522.07
(a) Notwithstanding subdivision (d) of Section 1522,
foster family agencies shall submit fingerprints of their certified
foster parent applicants to...
|
California Health And Safety Code Section 1522.08
(a) In order to protect the health and safety of persons
receiving care or services from individuals or facilities licensed or
certified by the...
|
California Health And Safety Code Section 1522.08
(a) In order to protect the health and safety of persons
receiving care or services from individuals or facilities licensed or
certified by the...
|
California Health And Safety Code Section 1522.1
(a) Prior to granting a license to, or otherwise approving,
any individual to care for or reside with children, the department
shall check the Child...
|
California Health And Safety Code Section 1522.2
If a local law enforcement agency, a probation officer, or
a local department or agency that provides social services becomes
aware that an employee...
|
California Health And Safety Code Section 1522.4
(a) In addition to any other requirements of this chapter
and except for foster family homes, small family homes, and certified
family homes of...
|
California Health And Safety Code Section 1522.41
(a) The director, in consultation and collaboration with
county placement officials, group home provider organizations, the
Director of Mental...
|
California Health And Safety Code Section 1522.42
(a) The department, in consultation and collaboration with
county placement officials, provider organizations, the State
Department of Mental Health,
|
California Health And Safety Code Section 1522.43
(a) (1) For the duties the department imposes on a group
home facility administrator in this chapter and in regulations
adopted by the department,...
|
California Health And Safety Code Section 1522.5
The State Department of Social Services, in processing
fingerprint clearances, shall give expeditious treatment to employees
of, and applicants for...
|
California Health And Safety Code Section 1523.1
(a) An application fee adjusted by facility and capacity
shall be charged by the department for the issuance of a license.
After initial licensure, a
|
California Health And Safety Code Section 1523.2
(a) Beginning with the 1996-97 fiscal year, there is
hereby created in the State Treasury the Technical Assistance Fund,
from which money, upon...
|
California Health And Safety Code Section 1523.5
Transitional shelter care facilities, as defined in Section
1502.3, shall be exempt from the fees imposed pursuant to
subdivision (a) of Section...
|
California Health And Safety Code Section 1524
A license shall be forfeited by operation of law when one of
the following occurs:
(a) The licensee sells or otherwise transfers the facility or...
|
California Health And Safety Code Section 1524.1
(a) Notwithstanding Section 1524, in the event of a sale of
a licensed community care facility, except foster family homes and
small family homes,...
|
California Health And Safety Code Section 1524.5
(a) In addition to any other requirements of this chapter,
any community care facility providing residential care for six or
fewer persons, except...
|
California Health And Safety Code Section 1524.6
(a) In addition to any other requirement of this chapter,
any group home facility, as defined by regulations of the department,
providing care for...
|
California Health And Safety Code Section 1524.7
The State Department of Social Services shall provide to
residential care facilities a form, which the residential care
facility shall attach to each
|
California Health And Safety Code Section 1525
Upon the filing of the application for issuance of a license
or for a special permit and substantial compliance with the
provisions of this chapter...
|
California Health And Safety Code Section 1525.25
(a) It is the intent of the Legislature to provide for
proper case management and orderly transition in placement when
family home licensing or...
|
California Health And Safety Code Section 1525.3
Prior to the issuance of any new license or special permit
pursuant to this chapter, the applicant shall attend an orientation
given by the...
|
California Health And Safety Code Section 1525.5
(a) The director may issue provisional licenses to operate
community care facilities for facilities which the director
determines are in substantial...
|
California Health And Safety Code Section 1526
Immediately upon the denial of any application for a license
or for a special permit, the state department shall notify the
applicant in writing....
|
California Health And Safety Code Section 1526.5
(a) Within 90 days after a facility accepts its first
client for placement following the issuance of a license or special
permit pursuant to Section...
|
California Health And Safety Code Section 1526.75
(a) It is the intent of the Legislature to maintain
quality resources for children needing placement away from their
families. If, during a periodic
|
California Health And Safety Code Section 1526.8
(a) It is the intent of the Legislature that the department
develop modified staffing levels and requirements for crisis
nurseries, provided that the
|
California Health And Safety Code Section 1529.1
It is the intent of the Legislature that persons desiring
to become, or to continue being, foster parents shall receive
training in order to assist...
|
California Health And Safety Code Section 1529.2
(a) In addition to the foster parent training provided by
community colleges, foster family agencies shall provide a program of
training for their...
|
California Health And Safety Code Section 1530
The state department shall adopt, amend, or repeal, in
accordance with Chapter 4.5 (commencing with Section 11371) of Part 1
of Division 3 of Title 2
|
California Health And Safety Code Section 1530.1
(a) The department shall adopt regulations, in consultation
with providers, consumers, and other interested parties, to combine
adult day care and...
|
California Health And Safety Code Section 1530.3
The director shall report to the Legislature during the
2007-08 budget hearings on the progress of the department's children'
s residential...
|
California Health And Safety Code Section 1530.5
(a) The department, in establishing regulations, including
provisions for periodic inspections, under this chapter for foster
family homes and...
|
California Health And Safety Code Section 1530.6
Notwithstanding any other provision of law, persons
licensed pursuant to this chapter to provide residential foster care
to a child either placed...
|
California Health And Safety Code Section 1530.8
(a) (1) The department shall adopt regulations for
community care facilities licensed as group homes, and for temporary
shelter care facilities as...
|
California Health And Safety Code Section 1530.9
(a) The department shall, with the advice and assistance of
the State Department of Mental Health, counties, parent and children'
s advocacy groups,...
|
California Health And Safety Code Section 1530.91
(a) Except as provided in subdivision (b) any care
provider that provides foster care for children pursuant to this
chapter shall provide each...
|
California Health And Safety Code Section 1531
The regulations for a license shall prescribe standards of
safety and sanitation for the physical plant and standards for basic
personal care,...
|
California Health And Safety Code Section 1531.1
(a) A residential facility licensed as an adult residential
facility, group home, small family home, foster family home, or a
family home certified...
|
California Health And Safety Code Section 1531.2
(a) Upon the filing by the department of emergency
regulations with the Secretary of State, an adult day program, as
defined in Division 6 of Title...
|
California Health And Safety Code Section 1531.2
(a) Upon the filing by the department of emergency
regulations with the Secretary of State, an adult day program, as
defined in Division 6 of Title...
|
California Health And Safety Code Section 1531.3
The State Fire Marshal shall establish separate fire and
panic safety standards and criteria for the evaluation of each
category of license described
|
California Health And Safety Code Section 1531.4
On and after January 1, 1999, no security window bars may
be installed or maintained on any community care facility unless the
security window bars...
|
California Health And Safety Code Section 1531.5
(a) The State Department of Social Services shall not deny
a license for a foster family home solely on the basis that the
applicant is a parent who...
|
California Health And Safety Code Section 1532
The Committee on Community Care Facilities of the State
Social Services Advisory Board shall advise the director regarding
regulations, policy, and...
|
California Health And Safety Code Section 1533
Except as otherwise provided in this section, any duly
authorized officer, employee, or agent of the State Department of
Social Services may, upon...
|
California Health And Safety Code Section 1534
(a) (1) Every licensed community care facility shall be
subject to unannounced visits by the department. The department shall
visit these facilities...
|
California Health And Safety Code Section 1534.1
(a) The department shall ensure that the licensee's plan of
correction is verifiable and measurable. The plan of correction
shall specify what...
|
California Health And Safety Code Section 1534.5
The state department shall provide the office, as defined
in subdivision (c) of Section 9701 of the Welfare and Institutions
Code, with copies of...
|
California Health And Safety Code Section 1535
(a) On or before January 1, 1986, the state department shall
publish a comprehensive consumer guideline brochure to assist persons
in the evaluation...
|
California Health And Safety Code Section 1536
(a) At least annually, the director shall publish and make
available to interested persons a list or lists covering all licensed
community care...
|
California Health And Safety Code Section 1536.1
(a) "Placement agency" means any county probation
department, county welfare department, county social service
department, county mental health...
|
California Health And Safety Code Section 1536.2
(a) When a placement agency has placed a child with a
foster family agency for subsequent placement in a certified family
home, the foster family...
|
California Health And Safety Code Section 1536.3
A public agency social worker shall, in determining whether
to refer an individual to an adult residential care facility, take
into account the...
|
California Health And Safety Code Section 1537
The director shall have the authority to contract for
personal services as required in order to perform inspections of, or
consultation with,...
|
California Health And Safety Code Section 1538
(a) Any person may request an inspection of any community
care facility or certified family home in accordance with this
chapter by transmitting to...
|
California Health And Safety Code Section 1538.2
The director shall establish an automated license
information system on licensees and former licensees of licensed
community care facilities. The...
|
California Health And Safety Code Section 1538.3
A county may develop a cooperative agreement with the
department to access disclosable, public record information from an
automated system, other...
|
California Health And Safety Code Section 1538.5
(a) (1) Not less than 30 days prior to the anniversary of
the effective date of a residential community care facility license,
except licensed foster
|
California Health And Safety Code Section 1538.55
(a) The licensee of an Adult Residential Facility for
Persons with Special Health Care Needs (ARFPSHN), licensed pursuant
to Article 9 (commencing...
|
California Health And Safety Code Section 1538.6
(a) When the department periodically reviews the record of
substantiated complaints against each group home facility, pursuant
to its oversight role...
|
California Health And Safety Code Section 1539
No licensee shall discriminate or retaliate in any manner
against any person receiving the services of such licensee's
community care facility, or...
|
California Health And Safety Code Section 1540
(a) Any person who violates this chapter, or who willfully or
repeatedly violates any rule or regulation promulgated under this
chapter, is guilty of
|
California Health And Safety Code Section 1540.1
Upon a finding by the licensing authority that a facility
is in operation without a license, a peace officer, as defined in
Chapter 4.5 (commencing...
|
California Health And Safety Code Section 1540.2
Any person who, without lawful authorization from a duly
authorized officer, employee, or agent of the department, informs an
owner, operator,...
|
California Health And Safety Code Section 1541
The director may bring an action to enjoin the violation or
threatened violation of Section 1503.5 or 1508, or both, in the
superior court in and for
|
California Health And Safety Code Section 1542
Any action brought by the director against a community care
facility shall not abate by reason of a sale or other transfer of
ownership of the...
|
California Health And Safety Code Section 1543
Notwithstanding any other provision of this chapter, the
district attorney of every county, and city attorneys in those cities
which have city...
|
California Health And Safety Code Section 1546
The department may require not more than 50 percent of each
penalty assessed pursuant to Section 1548 to be transmitted to the
department for use by...
|
California Health And Safety Code Section 1547
(a) Notwithstanding any other provision of this chapter, any
person who violates Section 1503.5 or 1508, or both, may be assessed
by the department...
|
California Health And Safety Code Section 1548
(a) In addition to the suspension, temporary suspension, or
revocation of a license issued under this chapter, the department may
levy a civil...
|
California Health And Safety Code Section 1549
The civil, criminal, and administrative remedies available to
the department pursuant to this article are not exclusive, and may
be sought and...
|
California Health And Safety Code Section 1550
The department may deny an application for, or suspend or
revoke, any license, or any administrator certificate, issued under
this chapter upon any...
|
California Health And Safety Code Section 1550.5
The director may temporarily suspend any license prior to
any hearing when, in the opinion of the director, the action is
urgent to protect...
|
California Health And Safety Code Section 1550.7
(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
|
California Health And Safety Code Section 1551
(a) Proceedings for the suspension, revocation, or denial of
a license, registration, special permit, or any administrator
certificate under this...
|
California Health And Safety Code Section 1551.1
(a) The administrative law judge conducting a hearing under
this article may permit the testimony of a child witness, or a
similarly vulnerable...
|
California Health And Safety Code Section 1551.2
(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
|
California Health And Safety Code Section 1551.5
In addition to the witness fees and mileage provided by
Section 11450.40 of the Government Code, the department may pay
actual, necessary, and...
|
California Health And Safety Code Section 1553
The withdrawal of an application for a license or a special
permit after it has been filed with the state department shall not,
unless the state...
|
California Health And Safety Code Section 1554
Any license, registration, or special permit suspended
pursuant to this chapter, and any special permit revoked pursuant to
this chapter, may be...
|
California Health And Safety Code Section 1555
Whenever a license, registration, or special permit issued
under this chapter for a community care facility is suspended,
revoked, temporarily...
|
California Health And Safety Code Section 1556
(a) If the director determines that it is necessary to
temporarily suspend any license or special permit of a community care
facility in order to...
|
California Health And Safety Code Section 1557.5
Each facility required to be licensed shall keep a current
record of all of the following:
(a) Clients in the facility, including each client's...
|
California Health And Safety Code Section 1557.5
Each facility required to be licensed shall keep a current
record of all of the following:
(a) Clients in the facility, including each client's...
|
California Health And Safety Code Section 1558
(a) The department may prohibit any person from being a
member of the board of directors, an executive director, or an
officer of a licensee, or a...
|
California Health And Safety Code Section 1558.1
(a) (1) If the department determines that a person was
issued a license under this chapter or under Chapter 1 (commencing
with Section 1200), Chapter
|
California Health And Safety Code Section 1558.3
The department shall conduct an unannounced visit to a
facility within 30 days after the department serves an order of
immediate exclusion from the...
|
California Health And Safety Code Section 1559.110
(a) Except as specified in subdivision (e), the State
Department of Social Services shall license community care facilities
participating in...
|
California Health And Safety Code Section 1559.115
No applicant shall be issued a license pursuant to this
article unless the county department of social services or the county
probation department,...
|
California Health And Safety Code Section 1560
(a) The director shall require as a condition precedent to
the issuance of any license or special permit for a community care
facility, if the...
|
California Health And Safety Code Section 1561
The director may grant a partial or total variance from the
bonding requirements of Section 1560 for any community care facility
if he finds that...
|
California Health And Safety Code Section 1562
The director shall ensure that operators and staffs of
community care facilities have appropriate training to provide the
care and services for which
|
California Health And Safety Code Section 1562.3
(a) The Director of Social Services, in consultation with
the Director of Mental Health and the Director of Developmental
Services, shall establish a
|
California Health And Safety Code Section 1562.35
Notwithstanding any provision of law to the contrary,
including, but not limited to Section 1562.3, vendors approved by the
department who...
|
California Health And Safety Code Section 1562.4
Any person who becomes an administrator of an adult
residential facility, as defined in paragraph (1) of subdivision (a)
of Section 1502, on or after
|
California Health And Safety Code Section 1562.5
(a) The director shall ensure that, within six months after
obtaining licensure, an administrator of an adult residential
facility and a program...
|
California Health And Safety Code Section 1562.6
(a) The administrator of an adult residential care facility
that provides services for residents who have mental illness shall
ensure that a written...
|
California Health And Safety Code Section 1563
(a) The director shall ensure that licensing personnel at the
department have appropriate training to properly carry out this
chapter.
(b) The...
|
California Health And Safety Code Section 1564
(a) No individual who has ever been convicted of a sex
offense against a minor shall reside in a community care facility
that is within one mile of...
|
California Health And Safety Code Section 1565
(a) The Health and Welfare Agency shall establish the Task
Force on Accreditation of Services for Children and shall convene a
meeting of that body...
|
California Health And Safety Code Section 1566
The Legislature hereby declares that it is the policy of this
state that each county and city shall permit and encourage the
development of...
|
California Health And Safety Code Section 1566.1
Any person licensed under the provisions of this chapter
who operates, or proposes to operate a residential facility, the
department or other public...
|
California Health And Safety Code Section 1566.2
A residential facility, which serves six or fewer persons
shall not be subject to any business taxes, local registration fees,
use permit fees, or...
|
California Health And Safety Code Section 1566.25
If a county of residence agrees to pay a placement county
the costs of providing services to a minor pursuant to subdivision
(a) of Section 740 of...
|
California Health And Safety Code Section 1566.3
(a) Whether or not unrelated persons are living together, a
residential facility that serves six or fewer persons shall be
considered a residential...
|
California Health And Safety Code Section 1566.4
No fire inspection clearance or other permit, license,
clearance, or similar authorization shall be denied to a residential
facility because of a...
|
California Health And Safety Code Section 1566.45
(a) (1) For purposes of this section, "bedridden" means
either requiring assistance in turning and repositioning in bed, or
being unable to...
|
California Health And Safety Code Section 1566.5
For the purposes of any contract, deed, or covenant for the
transfer of real property executed on or after January 1, 1979, a
residential facility...
|
California Health And Safety Code Section 1566.6
The department shall annually prepare, with a quarterly
update commencing July 1, 1979, specifying newly licensed facilities,
a list or lists of all...
|
California Health And Safety Code Section 1566.7
The department shall notify affected placement agencies and
the Office of the State Long-Term Care Ombudsman, as defined in
subdivision (c) of...
|
California Health And Safety Code Section 1566.75
(a) By January 1, 2006, the department's Community Care
Licensing Division shall enter into memoranda of understanding with
up to 10 local mental...
|
California Health And Safety Code Section 1566.8
Notwithstanding any other provision of law, if according to
the rules and regulations of a mobilehome park, the park is
designated as a family park...
|
California Health And Safety Code Section 1567
It is the intent of the Legislature that each county be
encouraged to provide, in the county, a number and variety of
licensed community care...
|
California Health And Safety Code Section 1567.1
It is further the intent of the Legislature that, where
city or county zoning restrictions unreasonably impair the ability of
a county to serve the...
|
California Health And Safety Code Section 1567.2
As used in this article, the term "wards of the juvenile
court" shall include minors who have been found by the juvenile court
to be described by...
|
California Health And Safety Code Section 1567.3
(a) No licensed community care facility may receive a ward
of the juvenile court as described in Section 602 of the Welfare and
Institutions Code...
|
California Health And Safety Code Section 1567.4
The State Department of Social Services shall provide, at
cost, quarterly to each county and to each city, upon the request of
the county or city,...
|
California Health And Safety Code Section 1567.7
This article shall not apply to existing community care
facilities for wards of the juvenile court which have received city
or county zoning approval
|
California Health And Safety Code Section 1567.8
A community care facility for wards of the juvenile court,
which serves six or fewer persons shall not be subject to any
business taxes, local...
|
California Health And Safety Code Section 1567.50
(a) Notwithstanding that a community care facility means a
place that provides nonmedical care under subdivision (a) of Section
1502, pursuant to...
|
California Health And Safety Code Section 1568.01
For purposes of this chapter, the following definitions
shall apply:
(a) "Activities of daily living" means housework, meals, laundry,
taking...
|
California Health And Safety Code Section 1568.02
(a) (1) The department shall license residential care
facilities for persons with chronic, life-threatening illness under a
separate category.
(2)
|
California Health And Safety Code Section 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...
|
California Health And Safety Code Section 1568.03
(a) No person, firm, partnership, association, or
corporation within the state and no state or local public agency
shall operate, establish, manage,...
|
California Health And Safety Code Section 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...
|
California Health And Safety Code Section 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...
|
California Health And Safety Code Section 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...
|
California Health And Safety Code Section 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. ...
|
California Health And Safety Code Section 1568.06
(a) Upon initial application for licensure, residential
care facilities shall be provided a printed copy of all applicable
regulations for the...
|
California Health And Safety Code Section 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...
|
California Health And Safety Code Section 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...
|
California Health And Safety Code Section 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...
|
California Health And Safety Code Section 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...
|
California Health And Safety Code Section 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
|
California Health And Safety Code Section 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...
|
California Health And Safety Code Section 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
|
California Health And Safety Code Section 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,
|
California Health And Safety Code Section 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...
|
California Health And Safety Code Section 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...
|
California Health And Safety Code Section 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
|
California Health And Safety Code Section 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...
|
California Health And Safety Code Section 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...
|
California Health And Safety Code Section 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...
|
California Health And Safety Code 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
|
California Health And Safety Code Section 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,...
|
California Health And Safety Code Section 1568.081
(a) A placement agency shall place individuals only in
licensed residential care facilities or facilities which are exempt
from licensure under...
|
California Health And Safety Code Section 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...
|
California Health And Safety Code 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...
|
California Health And Safety Code Section 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...
|
California Health And Safety Code Section 1568.0823
Any person who, without lawful authorization from a duly
authorized officer, employee, or agent of the department, informs an
owner, operator,...
|
California Health And Safety Code Section 1568.0823
Any person who, without lawful authorization from a duly
authorized officer, employee, or agent of the department, informs an
owner, operator,...
|
California Health And Safety Code Section 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
|
California Health And Safety Code Section 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...
|
California Health And Safety Code Section 1568.0831
(a) (1) Whether or not unrelated persons are living
together, a residential care facility which serves six or fewer
persons shall be considered a...
|
California Health And Safety Code Section 1568.0832
(a) (1) For purposes of this section, "bedridden" means
either requiring assistance in turning and repositioning in bed, or
being unable to...
|
California Health And Safety Code Section 1568.09
It is the intent of the Legislature in enacting this
section to require the electronic fingerprint images of those
individuals whose contact with...
|
California Health And Safety Code Section 1568.092
(a) The department may prohibit any person from being a
member of the board of directors, an executive director, or an
officer of a licensee or a...
|
California Health And Safety Code Section 1568.093
(a) (1) If the department determines that a person was
issued a license under this chapter or under Chapter 1 (commencing
with Section 1200), Chapter
|
California Health And Safety Code Section 1568.094
The department shall conduct an unannounced visit to a
facility within 30 days after the department serves an order of
immediate exclusion from the...
|
California Health And Safety Code Section 1568.15
The Secretary of California Health and Human Services
shall be responsible for the oversight and coordination of programs
serving people living with...
|
California Health And Safety Code Section 1568.17
(a) The California Health and Human Services Agency shall
establish an Alzheimer's Disease and Related Disorders Advisory
Committee consisting of 14...
|
California Health And Safety Code Section 1569
This chapter shall be known and may be cited as the
California Residential Care Facilities for the Elderly Act.
|
California Health And Safety Code Section 1569.1
The Legislature hereby finds and declares:
(a) The Legislature has taken steps in recent years to develop a
continuum of long-term social and...
|
California Health And Safety Code Section 1569.2
As used in this chapter:
(a) "Administrator" means the individual designated by the
licensee to act on behalf of the licensee in the overall...
|
California Health And Safety Code Section 1569.3
The license of any facility licensed as a residential
facility for the elderly under the California Community Care
Facilities Act provided for in...
|
California Health And Safety Code Section 1569.5
The director shall adopt regulations authorizing
residential care facilities for the elderly, as defined in Section
1569.2, to fill unused capacity...
|
California Health And Safety Code Section 1569.10
No person, firm, partnership, association, or corporation
within the state and no state or local public agency shall operate,
establish, manage,...
|
California Health And Safety Code Section 1569.11
The department shall inspect and license residential care
facilities for the elderly. A license is not transferable.
|
California Health And Safety Code Section 1569.12
The department may provide consulting services upon
request to any residential care facility for the elderly to assist in
the identification or ...
|
California Health And Safety Code Section 1569.13
(a) The department may contract for state, county, or
other public agencies to assume specified licensing, approval, or
consultation...
|
California Health And Safety Code Section 1569.14
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...
|
California Health And Safety Code Section 1569.145
This chapter shall not apply to any of the following:
(a) A health facility, as defined by Section 1250.
(b) A clinic, as defined by Section...
|
California Health And Safety Code Section 1569.147
(a) Nothing in this chapter authorizes the imposition of
rent regulations or controls for licensed residential care facilities
for the elderly.
...
|
California Health And Safety Code Section 1569.149
A prospective applicant for licensure shall be notified
at the time of the initial request for information regarding
application for licensure that,...
|
California Health And Safety Code Section 1569.15
Any person desiring issuance of a license for a
residential care facility for the elderly under this chapter shall
file with the department, pursuant
|
California Health And Safety Code Section 1569.150
(a) The department and the licensing agencies with which
it contracts for licensing shall review and make a final
determination within 60 days of an...
|
California Health And Safety Code Section 1569.151
Upon receipt of an application to operate a residential
care facility for the elderly from an applicant who is also applying
or intends to apply for...
|
California Health And Safety Code Section 1569.1515
(a) A corporation that applies for licensure with the
department shall list the facilities that any member of the board of
directors, the executive...
|
California Health And Safety Code Section 1569.152
(a) A residential care facility for the elderly, as
defined in Section 1569.2, which fails to make reasonable efforts to
safeguard resident property...
|
California Health And Safety Code Section 1569.153
A theft and loss program shall be implemented by the
residential care facilities for the elderly within 90 days after
January 1, 1989. The program...
|
California Health And Safety Code Section 1569.154
No provision of a contract of admission, which includes
all documents which a resident or his or her representative is
required to sign at the time...
|
California Health And Safety Code Section 1569.155
Upon initial licensure, residential care facilities for
the elderly shall be provided a printed copy of all applicable
regulations by the department,
|
California Health And Safety Code Section 1569.156
(a) A residential care facility for the elderly shall do
all of the following:
(1) Not condition the provision of care or otherwise discriminate...
|
California Health And Safety Code Section 1569.157
(a) Every licensed residential care facility for the
elderly, at the request of a majority of its residents, shall assist
the residents in...
|
California Health And Safety Code Section 1569.158
(a) No residential care facility for the elderly may
prohibit the formation of a family council, and, when requested by a
member of the resident's...
|
California Health And Safety Code Section 1569.159
The State Department of Social Services shall provide to
residential care facilities for the elderly a form, which the
residential care facility for...
|
California Health And Safety Code Section 1569.16
(a) (1) If an application for a license indicates, or the
department determines during the application review process, that the
applicant previously...
|
California Health And Safety Code Section 1569.17
The Legislature recognizes the need to generate timely and
accurate positive fingerprint identification of applicants as a
condition of issuing...
|
California Health And Safety Code Section 1569.171
Prior to issuance to any person of a certificate of
completion of the administrator certification program pursuant to
Section 1569.616, the...
|
California Health And Safety Code Section 1569.172
The Department of Justice may charge a fee sufficient to
cover its cost in providing services in accordance with Section
1569.17 to comply with the ...
|
California Health And Safety Code Section 1569.175
(a) In addition to any other requirements of this
chapter, any residential care facility for the elderly providing
residential care for six or fewer...
|
California Health And Safety Code Section 1569.185
(a) An application fee adjusted by facility and capacity
shall be charged by the department for the issuance of a license to
operate a residential...
|
California Health And Safety Code Section 1569.19
A license shall be forfeited by operation of law prior to
its expiration date when one of the following occurs:
(a) The licensee sells or...
|
California Health And Safety Code Section 1569.191
(a) Notwithstanding Section 1569.19, in the event of a
sale of a licensed facility where the sale will result in a new
license being issued, the sale
|
California Health And Safety Code Section 1569.193
(a) When a licensee dies, an adult relative, or other
nonrelated adult, who has control of the property may be designated
as the responsible party to
|
California Health And Safety Code Section 1569.194
(a) Every residential care facility for the elderly that
is licensed or has a valid special permit therefor pursuant to
Section 1569.10 shall provide
|
California Health And Safety Code Section 1569.20
Upon the filing of the application for issuance of an
initial license, the department shall, within five working days of
the filing, make a...
|
California Health And Safety Code Section 1569.21
The director may issue provisional licenses to operate
residential care facilities for the elderly for the facilities which
the director determines...
|
California Health And Safety Code Section 1569.22
Immediately upon the denial of any application for a
license, the department shall notify the applicant in writing.
Within 15 days after the...
|
California Health And Safety Code Section 1569.23
(a) As a requirement for licensure, the applicant shall
demonstrate that he or she has successfully completed a certification
program approved by the
|
California Health And Safety Code Section 1569.235
As a requirement for licensure, the applicant shall
attend an orientation given by the department which outlines the
applicable rules and...
|
California Health And Safety Code Section 1569.24
Within 90 days after a facility accepts its first resident
for placement following its initial licensure, the department shall
inspect the facility...
|
California Health And Safety Code Section 1569.30
(a) The department shall adopt, amend, or repeal, in
accordance with Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2...
|
California Health And Safety Code Section 1569.31
The regulations for a license shall prescribe standards of
safety and sanitation for the physical plant and standards for basic
care and supervision,
|
California Health And Safety Code Section 1569.312
Every facility required to be licensed under this chapter
shall provide at least the following basic services:
(a) Care and supervision as defined
|
California Health And Safety Code Section 1569.313
Each residential care facility for the elderly shall
state, on its client information form or admission agreement, and on
its patient's rights form,...
|
California Health And Safety Code Section 1569.314
A residential care facility for the elderly shall not
require residents to purchase medications, or rent or purchase
medical supplies or equipment,...
|
California Health And Safety Code Section 1569.315
Each facility required to be licensed shall keep a
current record of all of the following:
(a) Clients in the facility, including each client's...
|
California Health And Safety Code Section 1569.315
Each facility required to be licensed shall keep a
current record of all of the following:
(a) Clients in the facility, including each client's...
|
California Health And Safety Code Section 1569.316
(a) The referring agency or facility, or its designee,
shall provide to the administrator all information in its possession
concerning any history of
|
California Health And Safety Code Section 1569.32
Any duly authorized officer, employee, or agent of the
department may, upon presentation of proper identification, enter and
inspect any place...
|
California Health And Safety Code Section 1569.33
(a) Every licensed residential care facility for the
elderly shall be subject to unannounced visits by the department. The
department shall visit...
|
California Health And Safety Code Section 1569.335
The department shall notify affected placement agencies
and the Office of the State Long-Term Care Ombudsman, as defined in
subdivision (c) of...
|
California Health And Safety Code Section 1569.34
The director shall have the authority to contract for
personal services as required in order to perform inspections of, or
consultation with,...
|
California Health And Safety Code Section 1569.345
Upon request, the department shall provide the Office of
the State Long-Term Care Ombudsman and any approved organizations of
the office with copies...
|
California Health And Safety Code Section 1569.35
(a) Any person may request an inspection of any
residential care facility for the elderly in accordance with this
chapter by transmitting to the...
|
California Health And Safety Code Section 1569.351
(a) The department shall ensure that the licensee's plan
of correction is verifiable and measurable. The plan of correction
shall specify what...
|
California Health And Safety Code Section 1569.355
The director shall establish an automated license
information system on licensees and former licensees of licensed
residential care facilities for...
|
California Health And Safety Code Section 1569.36
(a) Not less than 30 days prior to the expiration date of
any residential care facility for the elderly license, the department
shall transmit a copy
|
California Health And Safety Code Section 1569.37
No licensee shall discriminate or retaliate in any manner
against any person receiving the services of such licensee's
residential care facility for...
|
California Health And Safety Code Section 1569.38
Each residential care facility for the elderly shall place
in a conspicuous place copies of all licensing reports issued by the
department within the
|
California Health And Safety Code Section 1569.40
(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...
|
California Health And Safety Code Section 1569.405
Upon a finding by the licensing authority that a facility
is in operation without a license, a peace officer, as defined in
Chapter 4.5 (commencing...
|
California Health And Safety Code Section 1569.406
Any person who, without lawful authorization from a duly
authorized officer, employee, or agent of the department, informs an
owner, operator,...
|
California Health And Safety Code Section 1569.41
The director may bring an action to enjoin the violation
or threatened violation of Section 1569.10 or 1569.44, or both, in
the superior court in and
|
California Health And Safety Code Section 1569.42
Any action brought by the director against a residential
care facility for the elderly shall not abate by reason of a sale or
other transfer of...
|
California Health And Safety Code Section 1569.43
Notwithstanding any other provisions of this chapter, the
district attorney of every county, and city attorneys in those cities
which have city...
|
California Health And Safety Code Section 1569.44
(a) A facility shall be deemed to be an "unlicensed
residential care facility for the elderly" and "maintained and
operated to provide residential...
|
California Health And Safety Code Section 1569.45
A facility shall be licensed as a residential care
facility for the elderly if it offers care and supervision, as
defined, to its residents. Every...
|
California Health And Safety Code Section 1569.46
Operation of an unlicensed facility shall be an act of
unfair competition and an unfair business practice within the meaning
of Chapter 5 (commencing
|
California Health And Safety Code Section 1569.47
(a) "Placement agency" means any county welfare
department, county social service department, county mental health
department, county public...
|
California Health And Safety Code Section 1569.48
A fund may be established to which not more than 50
percent of each penalty assessed pursuant to Section 1569.49 is
transmitted to the department for
|
California Health And Safety Code Section 1569.485
(a) Notwithstanding any other provision of this chapter,
any person who violates Section 1569.10 or 1569.44, or both, shall be
assessed by the...
|
California Health And Safety Code Section 1569.49
(a) In addition to the suspension, temporary suspension,
or revocation of a license issued under this chapter, the department
may levy a civil...
|
California Health And Safety Code Section 1569.495
The civil, criminal, and administrative remedies
available to the department pursuant to this article are not
exclusive, and may be sought and...
|
California Health And Safety Code Section 1569.50
The department may deny an application for a license or
may suspend or revoke any license issued under this chapter upon any
of the following grounds
|
California Health And Safety Code Section 1569.51
(a) Proceedings for the suspension, revocation, or denial
of a license under this chapter shall be conducted in accordance with
the provisions of...
|
California Health And Safety Code Section 1569.510
(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
|
California Health And Safety Code Section 1569.511
(a) The administrative law judge conducting a hearing
under this article may permit the testimony of a child witness, or a
similarly vulnerable...
|
California Health And Safety Code Section 1569.512
(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
|
California Health And Safety Code Section 1569.515
In addition to the witness fees and mileage provided by
Section 11450.40 of the Government Code, the department may pay
actual, necessary, and...
|
California Health And Safety Code Section 1569.52
The withdrawal of an application for a license after it
has been filed with the department shall not, unless the department
consents in writing to...
|
California Health And Safety Code Section 1569.525
If the director determines that it is necessary to
temporarily suspend any license of a residential care facility for
the elderly in order to protect
|
California Health And Safety Code Section 1569.53
Any license suspended or revoked pursuant to this chapter
may be reinstated pursuant to Section 11522 of the Government Code.
Whenever a license...
|
California Health And Safety Code Section 1569.54
(a) (1) When the department does not suspend the license
of a residential care facility for the elderly pursuant to this
article, the department may
|
California Health And Safety Code Section 1569.58
(a) The department may prohibit any person from being a
member of the board of directors, an executive director, a board
member, or an officer of a...
|
California Health And Safety Code Section 1569.59
(a) (1) If the department determines that a person was
issued a license under this chapter or under Chapter 1 (commencing
with Section 1200), Chapter
|
California Health And Safety Code Section 1569.595
The department shall conduct an unannounced visit to a
facility within 30 days after the department serves an order of
immediate exclusion from the...
|
California Health And Safety Code Section 1569.60
(a) The director shall require as a condition precedent to
the issuance of any license for a residential care facility for the
elderly, if the...
|
California Health And Safety Code Section 1569.601
The director may grant a partial or total variance from
the bonding requirements of Section 1569.60 for any residential care
facility for the elderly
|
California Health And Safety Code Section 1569.61
The department shall develop and maintain at each district
office a file for each facility in that district, containing all
documents regarding the...
|
California Health And Safety Code Section 1569.613
Any person who becomes an administrator of a residential
care facility for the elderly on or after January 1, 1992, shall, at
a minimum, comply with...
|
California Health And Safety Code Section 1569.616
(a) (1) An administrator of a residential care facility
for the elderly shall be required to successfully complete a
department-approved...
|
California Health And Safety Code Section 1569.617
(a) (1) There is hereby created in the State Treasury,
the Certification Fund from which moneys, upon appropriation of the
Legislature, shall be...
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California Health And Safety Code Section 1569.618
(a) The administrator designated by the licensee pursuant
to subdivision (k) of Section 1569.15 shall be present at the
facility during normal...
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California Health And Safety Code Section 1569.62
(a) The director shall ensure that licensees,
administrators, and staffs of residential care facilities for the
elderly have appropriate training to...
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California Health And Safety Code Section 1569.625
(a) The Legislature finds that the quality of services
provided to residents of residential care facilities for the elderly
is dependent upon the...
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California Health And Safety Code Section 1569.626
All residential care facilities for the elderly that
advertise or promote special care, special programming, or a special
environment for persons...
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California Health And Safety Code Section 1569.627
Any residential care facility for the elderly that
advertises or promotes special care, special programming, or a
special environment for persons...
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California Health And Safety Code Section 1569.628
A licensee of a residential care facility for the elderly
that advertises or promotes special care, programming, or
environments for persons with a...
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California Health And Safety Code Section 1569.63
The director shall insure that licensing personnel at the
department have appropriate training to properly carry out this
chapter.
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California Health And Safety Code Section 1569.64
The department shall institute a staff development and
training program within the organization structure to develop among
staff the knowledge and...
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California Health And Safety Code Section 1569.65
(a) On or before January 1, 1987, the department shall
publish a comprehensive consumer guideline brochure to assist persons
in the evaluation and...
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California Health And Safety Code Section 1569.651
(a) A licensee of a residential care facility for the
elderly shall not require any form of preadmission fee or deposit
from a recipient under the...
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California Health And Safety Code Section 1569.655
(a) If a licensee of a residential care facility for the
elderly increases the rates of fees for residents or makes increases
in any of its rate...
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California Health And Safety Code Section 1569.657
(a) For any rate increase due to a change in the level of
care of the resident, the licensee shall provide the resident and
the resident's...
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California Health And Safety Code Section 1569.658
(a) On or before January 31 of each year, the licensee of
a licensed residential care facility for the elderly shall prepare a
document disclosing...
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California Health And Safety Code Section 1569.66
At least annually, the director shall publish and make
available to interested persons a list or lists covering all licensed
residential care...
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California Health And Safety Code Section 1569.67
(a) The department shall develop a written notice for the
purpose of informing any individual who requests information
regarding admission to a...
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California Health And Safety Code Section 1569.68
All residential care facilities shall be required to
include their current license number in any public advertisement or
correspondence.
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California Health And Safety Code Section 1569.681
(a) Each residential care facility for the elderly
licensed under this chapter shall reveal its license number in all
advertisements, publications,...
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California Health And Safety Code Section 1569.682
(a) A licensee of a licensed residential care facility
for the elderly shall, prior to transferring a resident of the
facility to another facility or
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California Health And Safety Code Section 1569.69
(a) Each residential care facility for the elderly
licensed under this chapter shall ensure that each employee of the
facility who assists residents...
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California Health And Safety Code Section 1569.695
(a) In addition to any other requirement of this chapter,
a residential care facility for the elderly shall have an emergency
plan that shall...
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California Health And Safety Code Section 1569.698
(a) The State Fire Marshal has proposed that the State
Building Standards Commission adopt building standards to provide for
locked and secured...
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California Health And Safety Code Section 1569.699
(a) When approved by the person responsible for
enforcement as described in Section 13146, exit doors in facilities
classified as Group R, Division 2
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California Health And Safety Code Section 1569.6991
On and after January 1, 1999, no security window bars
may be installed or maintained on any residential care facility for
the elderly unless the...
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California Health And Safety Code Section 1569.7
Residential care facilities for the elderly that serve
residents with Alzheimer's disease and other forms of dementia should
include information on...
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California Health And Safety Code Section 1569.70
It is the intent of the Legislature to develop and
implement a plan to establish three levels of care under the
residential care facility for the...
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California Health And Safety Code Section 1569.71
In consultation with the State Fire Marshal the department
shall develop and expedite implementation of regulations related to
nonambulatory persons...
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California Health And Safety Code Section 1569.72
(a) Except as otherwise provided in subdivision (d), no
resident shall be admitted or retained in a residential care facility
for the elderly if any...
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California Health And Safety Code Section 1569.725
(a) A residential care facility for the elderly may
permit incidental medical services to be provided through a home
health agency, licensed pursuant
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California Health And Safety Code Section 1569.73
(a) Notwithstanding Section 1569.72 or any other provision
of law, a residential care facility for the elderly may obtain a
waiver from the...
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California Health And Safety Code Section 1569.74
(a) Licensed residential care facilities for the elderly
that employ health care providers may establish policies to honor a
request to forego...
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California Health And Safety Code Section 1569.80
(a) A resident of a residential care facility for the
elderly, or the resident's representative, or both, shall have the
right to participate in...
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California Health And Safety Code Section 1569.82
The Legislature hereby declares that it is the policy of
this state that each county and city shall permit and encourage the
development of...
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California Health And Safety Code Section 1569.83
Any person licensed under this chapter who operates, or
proposes to operate a residential care facility for the elderly, the
department or other...
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California Health And Safety Code Section 1569.84
A residential care facility for the elderly, which serves
six or fewer persons shall not be subject to any business taxes,
local registration fees,...
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California Health And Safety Code Section 1569.85
Whether or not unrelated persons are living together, a
residential care facility for the elderly which serves six or fewer
persons shall be...
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California Health And Safety Code Section 1569.86
No fire inspection clearance or other permit, license,
clearance, or similar authorization shall be denied to a residential
care facility for the...
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California Health And Safety Code Section 1569.87
For the purposes of any contract, deed, or covenant for
the transfer of real property executed on or after January 1, 1979, a
residential facility...
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California Health And Safety Code Section 1569.880
(a) For purposes of this section, an "admission agreement"
includes all documents that a resident or his or her representative
must sign at the time...
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California Health And Safety Code Section 1569.881
(a) Every residential care facility for the elderly shall
make blank complete copies of its admission agreement available to
the public immediately,...
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California Health And Safety Code Section 1569.882
(a) The admission agreement shall be printed in black
type of not less than 12-point type size, on plain white paper. The
print shall appear on one...
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California Health And Safety Code Section 1569.883
(a) The admission agreement shall not include unlawful
waivers of facility liability for the health and safety or personal
property of residents.
...
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California Health And Safety Code Section 1569.884
The admission agreement shall include all of the
following:
(a) A comprehensive description of any items and services provided
under a single fee,
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California Health And Safety Code Section 1569.885
(a) When referring to a resident's obligation to observe
facility rules, the admission agreement shall indicate that the rules
must be reasonable,...
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California Health And Safety Code Section 1569.886
(a) The admission agreement shall not include any ground
for involuntary transfer or eviction of the resident unless those
grounds are specifically...
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California Health And Safety Code Section 1569.887
(a) The admission agreement shall be signed and dated,
acknowledging the contents of the document, by the resident or the
resident's representative.
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California Health And Safety Code Section 1569.888
(a) The requirements of this article relating to
admission agreements for residential care facilities for the elderly
are intended to be in addition...
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California Health And Safety Code Section 1569.889
(a) The personal rights form made available by the
department's Community Care Licensing Division to residential care
facilities for the elderly...
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California Health And Safety Code Section 1570
This chapter shall be known and may be cited as the
California Adult Day Health Care Act.
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California Health And Safety Code Section 1570.2
The Legislature hereby finds and declares that there exists
a pattern of overutilization of long-term institutional care for
elderly persons or...
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California Health And Safety Code Section 1570.7
As used in this chapter and in any regulations promulgated
thereunder:
(a) "Adult day health care" means an organized day program of
therapeutic,...
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California Health And Safety Code Section 1570.9
In the event of conflict between the provisions of this
chapter and the provisions of Chapter 1 (commencing with Section
1200), Chapter 2 (commencing
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California Health And Safety Code Section 1571
Nothing in this chapter shall require any county to include
adult day health care as a part of the services offered by the county
hospital or to...
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California Health And Safety Code Section 1572
(a) The functions and duties of the State Department of
Public Health provided for under this chapter shall be performed by
the California Department
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California Health And Safety Code Section 1574
The state department may delegate to local health departments
the authority to verify compliance with the licensing and approval
provisions of this...
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California Health And Safety Code Section 1574.5
(a) All adult day health care centers shall maintain
compliance with licensing and certification requirements. These
requirements shall not prohibit
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California Health And Safety Code Section 1574.7
(a) The department and the licensing agencies with which it
contracts for licensing shall review and make a final determination
within 60 days of an...
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California Health And Safety Code Section 1575
No person or public agency within this state shall provide
adult day health care in this state, without first obtaining a
license therefor as...
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California Health And Safety Code Section 1575.1
(a) (1) Each applicant for a license to operate an adult
day health care center shall disclose to the department the name and
business address of...
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California Health And Safety Code Section 1575.2
An applicant for initial licensure as an adult day health
care center shall file with the department, pursuant to its
regulations, an application on...
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California Health And Safety Code Section 1575.3
(a) If an adult day health care center or an applicant for
a license has not been previously licensed, the department may only
issue a provisional...
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California Health And Safety Code Section 1575.4
(a) The department may issue a provisional license to an
adult day health care center if all of the following conditions are
met:
(1) The adult...
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California Health And Safety Code Section 1575.45
(a) If the department determines that the adult day health
care center operating under a provisional license has serious
deficiencies that pose a...
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California Health And Safety Code Section 1575.5
(a) Concurrently with the submission of any application
under Section 1575.2, the applicant shall apply to the department for
eligibility...
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California Health And Safety Code Section 1575.6
(a) As a prudent business practice, a licensee shall
maintain sufficient financial resources for adult day health care
operations to enable each...
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California Health And Safety Code Section 1575.7
(a) (1) The State Department of Public Health, prior to
issuing a new license, shall obtain a criminal record clearance for
the administrator,...
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California Health And Safety Code Section 1575.9
Each application for a new license or renewal submitted to
the state department shall be accompanied by an annual Licensing and
Certification Program
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California Health And Safety Code Section 1576
The director shall approve an application for a new license
if no substantial basis for denial of the license exists under
Section 1575.7, and the...
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California Health And Safety Code Section 1576.2
(a) Each license issued or renewed pursuant to this chapter
shall not be transferable and the initial license shall expire 12
months from the date of
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California Health And Safety Code Section 1576.5
Immediately upon the denial of any application for issuance
or renewal of a license, the state department shall notify the
applicant in writing. Not
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California Health And Safety Code Section 1578
A provider may share space with another licensed health
facility, community care facility, senior center, or other
appropriate structure, upon the...
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California Health And Safety Code Section 1578.1
(a) Notwithstanding subdivisions (b) and (c) of Section
1570.7 or any other provision of law, if an adult day health care
center licensee also...
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California Health And Safety Code Section 1579
(a) A rural alternative adult day health care center shall
operate its programs a minimum of three days weekly, unless the
program can justify, to...
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California Health And Safety Code Section 1580
The state department shall adopt and may from time to time
amend or repeal, in accordance with Chapter 3.5 (commencing with
Section 11340) of Part 1...
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California Health And Safety Code Section 1580.1
The State Department of Health Services, and as applicable,
the California Department of Aging, may grant to entities
contracting with the State...
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California Health And Safety Code Section 1580.2
On or before December 1, 1978, the director shall by
regulation adopt an equitable and uniform method of evaluating the
quality of care and services...
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California Health And Safety Code Section 1580.5
(a) Every adult day health care center shall be
periodically inspected and evaluated for quality of care by a
representative or representatives...
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California Health And Safety Code Section 1580.9
Any person may request an inspection of any adult day
health center in accordance with the provisions of this article by
transmitting to the state...
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California Health And Safety Code Section 1581
Upon receipt of a complaint pursuant to Section 1580.9, the
state department shall make a preliminary review. Unless the state
department determines
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California Health And Safety Code Section 1581.5
Any duly authorized officer, employee, or agent of the
department or the California Department of Aging may, upon
presentation of proper...
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California Health And Safety Code Section 1582
The state department may provide consulting services upon
request to any adult day health center to assist in the
identification or correction of...
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California Health And Safety Code Section 1582.5
Reports on the results of each inspection, evaluation, or
consultation performed pursuant to this article shall be kept on file
in the state...
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California Health And Safety Code Section 1583
The director shall publish and make available to interested
persons a list of all licensed adult day health centers, the services
which each such...
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California Health And Safety Code Section 1584
(a) An adult day health care center that provides care for
adults with Alzheimer's disease and other dementias may install for
the safety and...
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California Health And Safety Code Section 1585
No member of the governing board of an adult day health
center, nor any member of the immediate family of that board member,
may have any direct or...
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California Health And Safety Code Section 1585.2
(a) Any operator of a health facility licensed to provide
adult day health care under this chapter shall provide that adult day
health care as a...
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California Health And Safety Code Section 1585.5
Adult day health care centers shall provide services to
each participant pursuant to an individual plan of care designed to
maintain or restore each...
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California Health And Safety Code Section 1586
No adult day health center shall refuse to provide adult day
care health services to any person on the basis that service to such
person will be...
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California Health And Safety Code Section 1586.6
Adult day health care centers may not require family
members to attend the center or assist the participant with
activities of daily living while at...
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California Health And Safety Code Section 1586.7
(a) Adult day health care centers may not discriminate
because of race, color, creed, national origin, sex, sexual
orientation, or physical or mental
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California Health And Safety Code Section 1588
(a) The state department shall, subject to the availability
of funds appropriated therefor, conduct a grants-in-aid program for
the following...
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California Health And Safety Code Section 1588.2
Eligibility for grants pursuant to this article shall be
limited to any public or private nonprofit agency. As a condition of
making a grant, the...
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California Health And Safety Code Section 1588.3
The grant amount available from funds appropriated through
the Budget Act for the Adult Day Health Care Program shall not exceed
one hundred...
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California Health And Safety Code Section 1588.5
In developing policies and priorities pertaining to the
allocation of grant funds, the department shall give primary
consideration to the following...
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California Health And Safety Code Section 1588.7
(a) The department, unless otherwise specified in the
interagency agreement entered into pursuant to Section 1572 or
pursuant to annual Budget Act...
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California Health And Safety Code Section 1589
Subject to the appropriation of funds pursuant to the annual
Budget Act, the department may establish planning and development
grants for public or...
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California Health And Safety Code Section 1589.5
State administrative costs on grants issued pursuant to
this article shall not exceed 10 percent of the amount of the grants.
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California Health And Safety Code Section 1590
The state department may suspend or revoke any license issued
under the provisions of this chapter upon any of the following
grounds and in the...
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California Health And Safety Code Section 1590.3
(a) The denial, suspension, or revocation of a center's
license shall be considered immediate grounds for the denial,
suspension, or termination of...
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California Health And Safety Code Section 1590.5
Proceedings for the suspension, revocation, or denial of a
license under this article shall be conducted in accordance with
Section 100171. Except...
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California Health And Safety Code Section 1591
(a) When the director intends to seek the suspension or
revocation of a license, the director shall notify the licensee of
the proposed suspension or
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California Health And Safety Code Section 1591.5
The withdrawal of an application for a license after it has
been filed with the state department shall not, unless the state
department consents in...
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California Health And Safety Code Section 1595
Any license revoked pursuant to this article may be
reinstated pursuant to the provisions of Section 11522 of the
Government Code.
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California Health And Safety Code Section 1595.2
Any person who negligently, repeatedly, or willfully
violates any of the provisions of this chapter, or regulations
adopted pursuant to this...
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California Health And Safety Code Section 1595.5
The director may bring an action to enjoin the violation or
threatened violation of Section 1575 in the superior court in and
for the county in which
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California Health And Safety Code Section 1596
Any action brought by the director against an adult day
health center shall not abate by reason of a sale or other transfer
of ownership of the adult
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California Health And Safety Code Section 1596.5
The district attorney of every county shall, upon
application by the state department or its authorized representative
institute and conduct the...
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California Health And Safety Code Section 1596.60
For the purposes of this chapter, the following
definitions shall apply:
(a) "Department" means the State Department of Social Services.
(b)...
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California Health And Safety Code Section 1596.601
Any child care provider who possesses any one of the
following identification cards may initiate a background examination
to be a trustline...
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California Health And Safety Code Section 1596.603
(a) Each person initiating a background examination to be
a trustline provider shall either obtain two sets of fingerprints
from a law enforcement...
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California Health And Safety Code Section 1596.605
(a) (1) The department shall establish a trustline
registry pursuant to this chapter and shall continuously update the
registry information. Upon...
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California Health And Safety Code Section 1596.607
(a) (1) If the department finds that the trustline
applicant has been convicted of a crime, other than a minor traffic
violation, the department...
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California Health And Safety Code Section 1596.608
(a) (1) The department may revoke a provider's trustline
registration for any of the following:
(A) Procuring trustline registration by fraud or...
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California Health And Safety Code Section 1596.61
(a) The department may charge a fee to a trustline
applicant. The department may enter into an interagency agreement
for the purpose of transferring
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California Health And Safety Code Section 1596.615
All moneys collected by the department to implement this
chapter shall, notwithstanding Section 13340 of the Government Code,
be continuously...
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California Health And Safety Code Section 1596.62
(a) (1) The Department of Justice shall maintain and
continually update an index of reports of child abuse by, and
pertinent criminal convictions of,
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California Health And Safety Code Section 1596.63
It is a misdemeanor for a person to falsely represent or
present himself or herself as a trustline applicant or a registered
trustline child care...
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California Health And Safety Code Section 1596.64
(a) The department shall enter into a contract with the
California Child Care Resource and Referral Network to administer the
trustline duties as...
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California Health And Safety Code Section 1596.643
(a) The California Child Care Resource and Referral
Network shall have the following responsibilities:
(1) Establish and maintain a toll-free line
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California Health And Safety Code Section 1596.645
The California Child Care Resource and Referral Network,
in consultation with representatives of private industry, parents,
child care resource and...
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California Health And Safety Code Section 1596.65
(a) An employment agency, as defined in Section 1812.501
of the Civil Code, that refers a child care provider to parents or
guardians who are not...
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California Health And Safety Code Section 1596.653
(a) It is the intent of the Legislature to protect the
well-being of California children by regulating private individuals
and companies that...
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California Health And Safety Code Section 1596.655
A child care resource and referral agency established
pursuant to Article 2 (commencing with Section 8210) of Chapter 2 of
Part 6 of the Education...
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California Health And Safety Code Section 1596.66
(a) Each license-exempt child care provider, as defined
pursuant to Section 1596.60, who is compensated, in whole or in part,
with funds provided...
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California Health And Safety Code Section 1596.67
(a) To the extent permitted by federal law, each child
care provider, as defined by Section 1596.60, who receives
compensation, in whole or in part,...
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California Health And Safety Code Section 1596.68
(a) This chapter shall be operative on July 1, 1998.
(b) (1) Before, on, or after July 1, 1998, the department may
adopt regulations to implement...
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California Health And Safety Code Section 1596.70
This chapter and Chapters 3.5 (commencing with Section
1596.90) and 3.6 (commencing with 1597.30) may be cited as the
California Child Day Care...
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California Health And Safety Code Section 1596.71
This chapter applies to Chapters 3.5 (commencing with
Section 1596.90) and 3.6 (commencing with Section 1597.30). This
chapter also applies to...
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California Health And Safety Code Section 1596.72
The Legislature finds all of the following:
(a) That child day care facilities can contribute positively to a
child's emotional, cognitive, and...
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California Health And Safety Code Section 1596.73
The purposes of this act are to:
(a) Streamline the administration of child care licensing and
thereby increase the efficiency and effectiveness...
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California Health And Safety Code Section 1596.74
Unless the context otherwise requires, the definitions
contained in this chapter govern the construction of this chapter and
Chapters 3.5 (commencing
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California Health And Safety Code Section 1596.75
"Child" means a person who is under 18 years of age who is
being provided care and supervision in a child day care facility,
except where otherwise...
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California Health And Safety Code Section 1596.750
"Child day care facility" means a facility that provides
nonmedical care to children under 18 years of age in need of personal
services, supervision,
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California Health And Safety Code Section 1596.76
"Day care center" means any child day care facility other
than a family day care home, and includes infant centers, preschools,
extended day care...
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California Health And Safety Code Section 1596.77
"Department" means the State Department of Social
Services.
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California Health And Safety Code Section 1596.770
"Director" means the Director of Social Services.
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California Health And Safety Code Section 1596.771
"Employer-sponsored child care center" means any child
day care facility at the employer's site of business operated
directly or through a provider...
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California Health And Safety Code Section 1596.773
(a) "Probation" means the period of time that a licensed
child day care facility is required to comply with specific terms and
conditions set forth...
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California Health And Safety Code Section 1596.775
The Legislature finds and declares all of the following:
(a) There is a severe shortage of child care for schoolage
children throughout...
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California Health And Safety Code Section 1596.78
(a) "Family day care home" means a home that regularly
provides care, protection, and supervision for 14 or fewer children,
in the provider's own...
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California Health And Safety Code Section 1596.79
"Person" means an individual, partnership, association,
corporation, limited liability company, or governmental entity, such
as the state, a county,...
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California Health And Safety Code Section 1596.790
"Planning agency" means the agency designated pursuant to
Section 65100 of the Government Code.
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California Health And Safety Code Section 1596.791
"Provider" means a person who operates a child day care
facility and is licensed pursuant to Chapter 3.5 (commencing with
Section 1596.90) or 3.6...
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California Health And Safety Code Section 1596.792
This chapter, Chapter 3.5 (commencing with Section
1596.90), and Chapter 3.6 (commencing with Section 1597.30) do not
apply to any of the following:
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California Health And Safety Code Section 1596.792
This chapter, Chapter 3.5 (commencing with Section
1596.90), and Chapter 3.6 (commencing with Section 1597.30) do not
apply to any of the following:
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California Health And Safety Code Section 1596.793
This chapter and Chapters 3.5 (commencing with Section
1596.90) and 3.6 (commencing with Section 1597.30) do not apply to
recreation programs...
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California Health And Safety Code Section 1596.794
The department shall serve as the liaison to child day
care facilities for the purposes of Sections 17608 to 17613,
inclusive, of the Education Code.
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California Health And Safety Code Section 1596.795
(a) The smoking of tobacco in a private residence that is
licensed as a family day care home shall be prohibited during the
hours of operation as a...
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California Health And Safety Code Section 1596.796
Notwithstanding any other provision of law, payments are
not required to be made to any person who provides child care
services and is exempt from...
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California Health And Safety Code Section 1596.797
(a) Blood glucose testing for the purposes of monitoring
a minor child diagnosed with diabetes may be performed in a child day
care facility in...
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California Health And Safety Code Section 1596.798
(a) Notwithstanding any other provision of law, licensees
and staff of a child day care facility may administer inhaled
medication to a child if all...
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California Health And Safety Code Section 1596.799
(a) Notwithstanding Section 1597.05 or any other
provision of law, any day care center that exclusively offers a
program of services for which there...
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California Health And Safety Code Section 1596.80
No person, firm, partnership, association, or corporation
shall operate, establish, manage, conduct, or maintain a child day
care facility in this...
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California Health And Safety Code Section 1596.803
(a) An application fee adjusted by facility and capacity
shall be charged by the department for the issuance of a license to
operate a child day care
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California Health And Safety Code Section 1596.805
No person, firm, partnership, association, or corporation
shall provide specialized services within a child day care facility
in this state without...
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California Health And Safety Code Section 1596.806
(a) A room used as a classroom by a schoolage child care
program shall not be required to meet the square footage or toilet
requirements for child...
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California Health And Safety Code Section 1596.807
The State Department of Social Services, shall allow an
extended day care program, whether or not exempt from licensure
pursuant to subdivision (h)...
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California Health And Safety Code Section 1596.809
A prospective applicant for licensure shall be notified
at the time of the initial request for information regarding
application for licensure that,...
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California Health And Safety Code Section 1596.81
(a) The department shall adopt, amend, or repeal in
accordance with Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of
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California Health And Safety Code Section 1596.813
The department shall adopt regulations regarding
immunization requirements for children enrolled in family day care
homes in accordance with Chapter...
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California Health And Safety Code Section 1596.815
The department shall, on or before December 31, 1991,
review all child care regulations of the department with respect to
clarifying or eliminating...
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California Health And Safety Code Section 1596.816
(a) The Community Care Licensing Division of the
department shall regulate child care licensees through an
organizational unit that is separate from...
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California Health And Safety Code Section 1596.817
(a) When the department conducts a site visit of a
licensed child day care facility, the department shall post on, or
immediately adjacent to, the...
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California Health And Safety Code Section 1596.818
(a) The department shall specify in its licensing report
all violations that, if not corrected, will have a direct and
immediate risk to the health,...
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California Health And Safety Code Section 1596.82
The department may contract for state, county, or other
public agencies to assume specified licensing, approval, or
consultation responsibilities. ...
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California Health And Safety Code Section 1596.83
An applicant or licensee shall file his or her mailing
address, in writing, with the department and, shall notify the
department, in writing, of any...
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California Health And Safety Code Section 1596.84
The department may issue provisional licenses to operate
day care facilities which the director determines are in substantial
compliance with the...
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California Health And Safety Code Section 1596.841
Each child day care facility shall maintain a current
roster of children who are provided care in the facility. The roster
shall include the name,...
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California Health And Safety Code Section 1596.842
Following approval by the department of a list of
provider rights, the Community Care Licensing Division shall print
and distribute in person, to...
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California Health And Safety Code Section 1596.843
(a) Whenever a facility visit and a complaint
investigation are conducted at the same time by the department, a
separate licensing report shall be...
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California Health And Safety Code Section 1596.844
The department shall acknowledge in writing within 10
days of receipt, the request of a licensee to review notices of
deficiency or penalty, or both.
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California Health And Safety Code Section 1596.845
Prior to the issuance of a new license or special permit
pursuant to this chapter, Chapter 3.5 (commencing with Section
1596.90), or Chapter 3.6...
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California Health And Safety Code Section 1596.846
(a) The Legislature finds and declares all of the
following:
(1) The American Academy of Pediatrics, after reviewing the data
from all the...
|
California Health And Safety Code Section 1596.847
(a) A child day care facility shall not use or have on
the premises, on or after July 1, 1998, a full-size or non-full-size
crib that is unsafe for...
|
California Health And Safety Code Section 1596.85
No license or special permit issued pursuant to Chapters
3.5 (commencing with Section 15967.90) and 3.6 (commencing with
Section 1597.30) shall have...
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California Health And Safety Code Section 1596.851
(a) (1) If an application for a license or special permit
indicates, or the department determines during the application
review process, that the...
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California Health And Safety Code Section 1596.852
Any duly authorized officer, employee, or agent of the
department may, upon presentation of proper identification, enter and
inspect any place ...
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California Health And Safety Code Section 1596.853
(a) Any person may request an inspection of any child day
care facility in accordance with the California Child Day Care
Facilities Act by...
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California Health And Safety Code Section 1596.8535
(a) Notwithstanding any other provision of law, the
department shall conduct any authorized inspection, announced site
visit, or unannounced site...
|
California Health And Safety Code Section 1596.854
The withdrawal of an application for a license or a
special permit after it has been filed with the department shall not,
unless the department...
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California Health And Safety Code Section 1596.855
(a) Upon attendance at an orientation meeting, as
described in Section 1596.845, an applicant shall be provided,
without charge, a printed copy of...
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California Health And Safety Code Section 1596.8555
A licensed child day care facility shall post its
license in a prominent, publicly accessible location in the facility.
A family day care home...
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California Health And Safety Code Section 1596.856
If the department finds that the applicant is not in
compliance with this act or the regulations promulgated under this
act, the department shall...
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California Health And Safety Code Section 1596.857
(a) Upon presentation of identification, the responsible
parent or guardian of a child receiving services in a child day care
facility has the right...
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California Health And Safety Code Section 1596.858
A license shall be forfeited by operation of law prior to
its expiration date when any one of the following occurs:
(a) The licensee sells or...
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California Health And Safety Code Section 1596.859
(a) (1) Each licensed child day care facility shall make
accessible to the public a copy of any licensing report or other
public licensing document...
|
California Health And Safety Code Section 1596.8595
(a) (1) Each licensed child day care facility shall post
a copy of any licensing report pertaining to the facility that
documents either a facility...
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California Health And Safety Code Section 1596.86
(a) The director shall annually publish and make available
to interested persons a list or lists covering all licensed child
day care facilities,...
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California Health And Safety Code Section 1596.861
(a) Each child day care facility licensed under this
chapter, Chapter 3.5 (commencing with Section 1596.90), or Chapter
3.6 (commencing with Section...
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California Health And Safety Code Section 1596.865
It is the intent of the Legislature to encourage any
person who provides child care in a child day care facility licensed
pursuant to this chapter,...
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California Health And Safety Code Section 1596.866
(a) (1) In addition to any other required training, at
least one director or teacher at each day care center, and each
family day care home licensee...
|
California Health And Safety Code Section 1596.8661
(a) For purposes of the training required pursuant to
paragraph (4) of subdivision (a) of Section 1596.798, pediatric first
aid training pursuant to...
|
California Health And Safety Code Section 1596.867
(a) All child day care facilities, as defined in Section
1596.750, shall include an Earthquake Preparedness Checklist as an
attachment to the...
|
California Health And Safety Code Section 1596.869
Directors of combination child day care facilities shall
be included in the teacher-child ratio during periods when they are
actively supervising...
|
California Health And Safety Code Section 1596.87
The department shall institute a staff development and
training program within the organizational structure to develop among
staff the knowledge,...
|
California Health And Safety Code Section 1596.871
The Legislature recognizes the need to generate timely
and accurate positive fingerprint identification of applicants as a
condition of issuing...
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California Health And Safety Code Section 1596.8712
(a) (1) Whenever an individual is excluded by the
department from a licensed family day care home, the department shall
prepare and provide to the...
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California Health And Safety Code Section 1596.8713
(a) The Department of Justice may charge a fee
sufficient to cover its costs in providing services in accordance
with Section 1596.871 to comply with
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California Health And Safety Code Section 1596.8714
On or before March 1, 2000, the State Department of
Social Services shall convene a workgroup to review current criminal
background check...
|
California Health And Safety Code Section 1596.8715
If a licensee or facility is required by law to deny
employment or to terminate employment of any employee based on
written notification from the...
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California Health And Safety Code Section 1596.8716
(a) For licensing purposes, employees of a child care
and development program operated by a school district, county office
of education, or community
|
California Health And Safety Code Section 1596.872a
(a) The department may establish a child care advocate
program. Each regional office, as well as the central office of the
department, may have an...
|
California Health And Safety Code Section 1596.872b
(a) The department may establish a child care advocate
program. This program may have one child care advocate for each
licensing district regional...
|
California Health And Safety Code Section 1596.873
The advisory committee established pursuant to Section
8286 of the Education Code shall perform all of the following
functions with regard to this...
|
California Health And Safety Code Section 1596.874
(a) The State Department of Social Services shall furnish
each licensed child day care facility with a notice that shall be
posted at the facility...
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California Health And Safety Code Section 1596.875
To assure compliance with this act, the department shall:
(a) Conduct ongoing in-service programs for licensing staff in
cooperation with other...
|
California Health And Safety Code Section 1596.876
In any case in which a child day care facility releases a
minor to a peace officer pursuant to Section 305 of the Welfare and
Institutions Code, the...
|
California Health And Safety Code Section 1596.877
(a) Prior to granting a license to, or otherwise
approving, any family day care home, the department shall check the
child abuse and neglect...
|
California Health And Safety Code Section 1596.878
The department shall establish, administer, and monitor
programs which license child day care facilities consistent with the
provisions of this act.
|
California Health And Safety Code Section 1596.879
Immediately upon the denial of any application for a
license or for a special permit, the department shall notify the
applicant in writing. Within...
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California Health And Safety Code Section 1596.880
For the purposes of this article:
(a) "Employee" means employee of a licensee or employee of the
agent of a licensee subject to this act.
(b)...
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California Health And Safety Code Section 1596.881
No employer shall discharge, demote, or suspend, or
threaten to discharge, demote, or suspend, or in any manner
discriminate against any employee who
|
California Health And Safety Code Section 1596.882
(a) A claim by the employee alleging the violation by the
employer of Section 1596.881 shall be presented to the employer
within 45 days after the...
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California Health And Safety Code Section 1596.883
Any employer who willfully refuses to rehire, promote, or
otherwise restore an employee or former employee who has been
determined to be eligible for
|
California Health And Safety Code Section 1596.885
The department may deny an application for or suspend or
revoke any license, registration, or special permit issued under this
act upon any of the...
|
California Health And Safety Code Section 1596.886
The director may temporarily suspend any license,
registration, or special permit prior to any hearing when, in the
opinion of the director, the...
|
California Health And Safety Code Section 1596.8865
(a) When a local child protective agency, as defined in
Section 11165 of the Penal Code, has a reasonable suspicion, as
defined in subdivision (a) of
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California Health And Safety Code Section 1596.8866
The State Department of Social Services shall reopen an
investigation into a licensed child day care facility when any person
provides the department
|
California Health And Safety Code Section 1596.8867
(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,...
|
California Health And Safety Code Section 1596.887
(a) Proceedings for the suspension, revocation, or denial
of a license, registration, or special permit under this chapter
shall be conducted in...
|
California Health And Safety Code Section 1596.8871
(a) The administrative law judge conducting a hearing
under this article may permit the testimony of a child witness, or a
similarly vulnerable...
|
California Health And Safety Code Section 1596.8872
(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
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California Health And Safety Code Section 1596.8875
In addition to the witness fees and mileage provided by
Section 11450.40 of the Government Code, the department may pay
actual, necessary, and...
|
California Health And Safety Code Section 1596.888
Any license, registration, or special permit suspended
pursuant to this chapter, and any special permit revoked pursuant to
this chapter, may be...
|
California Health And Safety Code Section 1596.889
In all proceedings conducted in accordance with Section
1596.887, the preponderance of the evidence standard shall apply.
|
California Health And Safety Code Section 1596.8895
(a) Whenever the director temporarily suspends the
license, registration, or special permit of a child day care facility
pursuant to Section...
|
California Health And Safety Code Section 1596.8897
(a) The department may prohibit any person from being a
member of the board of directors, an executive director, or an
officer of a licensee or a...
|
California Health And Safety Code Section 1596.8898
(a) (1) If the department determines that a person was
issued a license under this chapter or under Chapter 1 (commencing
with Section 1200), Chapter
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California Health And Safety Code Section 1596.8899
The department shall conduct an unannounced visit to a
facility within 30 days after the department serves an order of
immediate exclusion from the...
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California Health And Safety Code Section 1596.89
The director may bring an action to enjoin the violation
or threatened violation of Section 1596.80 or 1596.805 in the
superior court in and for the...
|
California Health And Safety Code Section 1596.890
(a) Any person who willfully or repeatedly violates any
provision of this chapter, or any rule or regulation promulgated
under this chapter is guilty
|
California Health And Safety Code Section 1596.891
(a) A person who violates Section 1596.80 may be liable
for an immediate assessment of civil penalties in the amount of two
hundred dollars ($200)...
|
California Health And Safety Code Section 1596.8915
Any person who, without lawful authorization from a duly
authorized officer, employee, or agent of the department, informs an
owner, operator,...
|
California Health And Safety Code Section 1596.892
The civil, criminal, and administrative remedies
available to the department pursuant to this article are not
exclusive, and may be sought and...
|
California Health And Safety Code Section 1596.893a
(a) When the licensing agency has reason to believe that
an unlicensed day care facility is operating or that a day care
facility is in violation of...
|
California Health And Safety Code Section 1596.893b
(a) When the licensing agency has reason to believe that
an unlicensed day care facility is operating or that a day care
facility is in violation of...
|
California Health And Safety Code Section 1596.894
Any action brought by the department against an
unlicensed child day care facility shall not abate by reason of sale
or other transfer of ownership...
|
California Health And Safety Code Section 1596.895
(a) The department shall notify resource and referral
agencies funded pursuant to Section 8210 of the Education Code of any
priority one violation or
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California Health And Safety Code Section 1596.90
No day care center for children shall be licensed under
Chapter 3 (commencing with Section 1500), but shall be subject to
licensure exclusively in...
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California Health And Safety Code Section 1596.95
Any person desiring issuance of a license for a day care
center or a special permit for specialized services in a day care
center under this chapter...
|
California Health And Safety Code Section 1596.952
(a) A corporation that applies for licensure with the
department shall list the facilities that any member of the board of
directors, the executive...
|
California Health And Safety Code Section 1596.955
(a) The department shall develop guidelines and
procedures to permit licensed child day care centers serving
preschool age children to create a...
|
California Health And Safety Code Section 1596.956
(a) The department shall develop guidelines and
procedures to authorize licensed child day care centers serving
infants to create a special program...
|
California Health And Safety Code Section 1596.96
(a) The department and the licensing agencies with which
it contracts for licensing shall review and make a final
determination within 60 days of an...
|
California Health And Safety Code Section 1596.97
A license or special permit for a day care center for
children may be issued providing the licensee has been found not to
be in violation of any...
|
California Health And Safety Code Section 1596.98
(a) The department shall notify the day care center in
writing of all deficiencies in its compliance with this chapter and
the rules and regulations
|
California Health And Safety Code Section 1596.99
(a) In addition to the suspension, temporary suspension,
or revocation of a license issued under this chapter or Chapter 3.4
(commencing with...
|
California Health And Safety Code Section 1597.05
(a) Licensing reviews of a child day care center shall be
limited to health and safety considerations and shall not include any
reviews of the...
|
California Health And Safety Code Section 1597.055
(a) Notwithstanding any other educational requirements, a
person may be hired as a teacher in a day care center if he or she
satisfies all of the...
|
California Health And Safety Code Section 1597.056
Notwithstanding any other educational requirements, a
person may be hired to provide extended day care for children of a
given grade level in a day...
|
California Health And Safety Code Section 1597.057
Any requirement established by the department, pursuant
to Article 1 (commencing with Section 1596.70) of Chapter 3.4, that
coursework in early...
|
California Health And Safety Code Section 1597.059
(a) The State Department of Social Services shall adopt
guidelines and procedures to permit an aide to assist a fully
qualified child care teacher in
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California Health And Safety Code Section 1597.07
The department shall require of every licensee a written
policy statement which shall include names and qualifications of all
current employees,...
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California Health And Safety Code Section 1597.08
All site visits shall be unannounced.
|
California Health And Safety Code Section 1597.09
(a) Each licensed child day care center shall be subject
to unannounced visits by the department. The department shall visit
these facilities as...
|
California Health And Safety Code Section 1597.091
(a) In addition to the visits required by Section
1597.09, the department shall annually make unannounced spot visits
to 20 percent of all child day...
|
California Health And Safety Code Section 1597.11
The department shall notify the State Department of
Education when a child care or development facility licensed pursuant
to this chapter is found to
|
California Health And Safety Code Section 1597.13
The department and any local agency with which it
contracts for the licensing of day care centers shall grant or deny
an application for license...
|
California Health And Safety Code Section 1597.14
(a) Notwithstanding Section 1596.858, in the event of a
sale of a licensed child day care center where the sale will result
in a new license being...
|
California Health And Safety Code Section 1597.15
(a) The director shall authorize the University of
California to conduct a pilot project pursuant to this section for a
period not to extend 24...
|
California Health And Safety Code Section 1597.20
The Legislature finds and declares all of the following:
(a) There is a critical need to increase opportunities for
children to engage in positive
|
California Health And Safety Code Section 1597.21
The following requirements shall apply to schoolage day
care centers:
(a) The State Department of Social Services shall permit the
substitution of
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California Health And Safety Code Section 1597.30
The Legislature finds and declares:
(a) It has a responsibility to ensure the health and safety of
children in family homes that provide day...
|
California Health And Safety Code Section 1597.36
The department shall provide written documentation to
providers of the need for repairs, renovations, or additions when
requested for an application...
|
California Health And Safety Code Section 1597.40
(a) It is the intent of the Legislature that family day
care homes for children should be situated in normal residential
surroundings so as to give...
|
California Health And Safety Code Section 1597.43
The Legislature finds and declares all of the following:
(a) Family day care homes operated under the standards of state
law constitute accessory...
|
California Health And Safety Code Section 1597.44
A small family day care home may provide care for more
than six and up to eight children, without an additional adult
attendant, if all of the...
|
California Health And Safety Code Section 1597.45
All of the following shall apply to small family day care
homes:
(a) The use of single-family residence as a small family day care
home shall be...
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California Health And Safety Code Section 1597.46
All of the following shall apply to large family day care
homes:
(a) A city, county, or city and county shall not prohibit large
family day care...
|
California Health And Safety Code Section 1597.465
A large family day care home may provide care for more
than 12 children and up to and including 14 children, if all of the
following conditions are...
|
California Health And Safety Code Section 1597.467
(a) Whenever any licensee under this chapter has
reasonable cause to believe that a child in his or her care has
suffered any injury or has been...
|
California Health And Safety Code Section 1597.47
The provisions of this chapter shall not be construed to
preclude any city, county, or other local public entity from placing
restrictions on...
|
California Health And Safety Code Section 1597.52
(a) Licensing reviews of a family day care home for
children shall be limited to health and safety considerations and
shall not include any reviews...
|
California Health And Safety Code Section 1597.53
No family day care home for children shall be licensed
under Chapter 3 (commencing with Section 1500), but shall be subject
to licensure exclusively...
|
California Health And Safety Code Section 1597.531
(a) All family day care homes for children shall maintain
in force either liability insurance covering injury to clients and
guests in the amount of...
|
California Health And Safety Code Section 1597.54
All family day care homes for children, shall apply for a
license under this chapter, except that any home which on June 28,
1981, had a valid and...
|
California Health And Safety Code Section 1597.541
(a) The department shall adopt regulations regarding
age-appropriate immunization requirements for enrolled children for
family day care homes.
...
|
California Health And Safety Code Section 1597.542
(a) The Division of Child Care Licensing in the
department shall clearly differentiate degrees of violations of the
regulations adopted for purposes...
|
California Health And Safety Code Section 1597.55a
Every family day care home shall be subject to
unannounced visits by the department as provided in this section. The
department shall visit these...
|
California Health And Safety Code Section 1597.55b
No site visits, unannounced visits, or spot checks, shall
be made under this chapter except as provided in this section.
(a) An announced site...
|
California Health And Safety Code Section 1597.56
(a) The department shall notify a family day care home in
writing of all deficiencies in its compliance with this act and the
rules and regulations...
|
California Health And Safety Code Section 1597.57
The department shall do all of the following:
(a) Develop and utilize one application form for all family day
care homes for children requesting a
|
California Health And Safety Code Section 1597.58
(a) In addition to the suspension, temporary suspension,
or revocation of a license issued under this chapter, the department
may levy a civil...
|
California Health And Safety Code Section 1597.59
The department and the local agencies with which it
contracts for the licensing of family day care homes for children
shall grant or deny a license...
|
California Health And Safety Code Section 1597.61
(a) When the department determines that a family day care
home for children is operating without a license and notifies the
unlicensed provider of...
|
California Health And Safety Code Section 1597.62
(a) The department may impose civil penalties of not less
than twenty-five dollars ($25) and not more than fifty dollars ($50)
per day per violation
|
California Health And Safety Code Section 1597.621
Family day care homes that, on December 31, 1983, have a
valid unexpired registration to operate as a family day care home for
children pursuant to...
|
California Health And Safety Code Section 1597.70
The Legislature finds and declares the following:
(a) It is significant that the Santa Clara County
Intergovernmental Council has found that due...
|
California Health And Safety Code Section 1571.71
To encourage and facilitate the establishment of
employer-sponsored child day care centers, the department shall
allow for reasonable waivers of...
|
California Health And Safety Code Section 1598
It is the intent of the Legislature in the enactment of this
chapter to establish a grant program administered by the State
Department of Social...
|
California Health And Safety Code Section 1598.1
The State Department of Social Services shall provide
grants to proposed and existing local rape victim counseling centers.
Such centers shall...
|
California Health And Safety Code Section 1598.5
The sum of one hundred thousand dollars ($100,000) is
hereby appropriated from the General Fund to the State Department of
Social Services for...
|
California Health And Safety Code Section 1599
It is the intent of the Legislature in enacting this chapter
to expressly set forth fundamental human rights which all patients
shall be entitled to...
|
California Health And Safety Code Section 1599.1
Written policies regarding the rights of patients shall be
established and shall be made available to the patient, to any
guardian, next of kin,...
|
California Health And Safety Code Section 1599.2
Written information informing patients of their rights
shall include a preamble or preliminary statement in substantial form
as follows:
(a)...
|
California Health And Safety Code Section 1599.3
Any rights under this chapter of a patient judicially
determined to be incompetent, or who is found by his physician to be
medically incapable of...
|
California Health And Safety Code Section 1599.4
In no event shall this chapter be construed or applied in a
manner which imposes new or additional obligations or standards on
skilled nursing or...
|
California Health And Safety Code Section 1599.60
As used in this chapter:
(a) "Abbreviated contract of admission" means a contract which
meets the provisions of this chapter, except as otherwise...
|
California Health And Safety Code Section 1599.61
(a) By January 1, 2000, all skilled nursing facilities,
as defined in subdivision (c) of Section 1250, intermediate care
facilities, as defined in...
|
California Health And Safety Code Section 1599.62
(a) Contracts of admission shall not include unlawful
waivers of facility liability for the health and safety or personal
property of residents. No...
|
California Health And Safety Code Section 1599.63
(a) Every long-term health care facility shall make
complete blank copies of its admission contract immediately available
to the public at cost, upon
|
California Health And Safety Code Section 1599.64
(a) All abbreviated contracts of admission and contracts
of admission shall be printed in black type of not less than 10-point
type size, on plain...
|
California Health And Safety Code Section 1599.65
(a) Prior to or at the time of admission, the facility
shall make reasonable efforts to communicate the content of the
contract to, and obtain on the
|
California Health And Safety Code Section 1599.651
A person who seeks to be admitted to the same long-term
health care facility for which there exists a prior executed contract
of admission which was
|
California Health And Safety Code Section 1599.652
A person who seeks to be admitted to the same skilled
nursing facility or intermediate care facility to receive respite
care services for which there
|
California Health And Safety Code Section 1599.66
Every contract of admission shall clearly and explicitly
state whether the facility participates in the Medi-Cal program.
|
California Health And Safety Code Section 1599.67
(a) Every contract of admission shall state clearly what
services and supplies are covered by the facility's basic daily rate.
In addition, the...
|
California Health And Safety Code Section 1599.68
Any long-term health care facility that imposes interest
charges on delinquent accounts shall clearly state in the contract of
admission the rate of...
|
California Health And Safety Code Section 1599.69
(a) The contract of admission for any long-term health
care facility that is a Medi-Cal certified facility shall state in
bold capital letters of not
|
California Health And Safety Code Section 1599.70
(a) No contract of admission may require a security
deposit from a Medi-Cal beneficiary who applies for admission to the
facility as a Medi-Cal...
|
California Health And Safety Code Section 1599.71
(a) No contract of admission shall require the resident to
pay for days beyond the date of his or her death or involuntary
discharge from the...
|
California Health And Safety Code Section 1599.72
No contract of admission shall include a clause requiring
residents to sign a consent to all treatment ordered by any
physician. Contracts of...
|
California Health And Safety Code Section 1599.73
(a) Every contract of admission shall state that residents
have a right to confidential treatment of medical information.
(b) The contract shall...
|
California Health And Safety Code Section 1599.74
(a) The department shall translate both the statutory
Patients' Bill of Rights, as provided in Chapter 3.9 (commencing with
Section 1599), the...
|
California Health And Safety Code Section 1599.75
(a) When referring to a resident's obligation to observe
facility rules, the contract of admission shall indicate that the
rules must be reasonable,...
|
California Health And Safety Code Section 1599.76
(a) No contract of admission shall list any ground for
involuntary transfer or discharge of the resident except those
grounds which are specifically...
|
California Health And Safety Code Section 1599.77
With respect to transfer or eviction of a resident
pursuant to Section 1439.7:
(a) Contracts of admission shall speak only of "material" or...
|
California Health And Safety Code Section 1599.78
All contracts of admission shall state that except in an
emergency, no resident may be involuntarily transferred within or
discharged from a...
|
California Health And Safety Code Section 1599.79
Every contract of admission shall meet the requirements of
Section 72520 of Title 22 of the California Administrative Code,
which requires that the...
|
California Health And Safety Code Section 1599.80
Facilities that wish to photograph a resident for other
than staff identification or health care purposes shall obtain
permission from the resident...
|
California Health And Safety Code Section 1599.81
(a) All contracts of admission that contain an arbitration
clause shall clearly indicate that agreement to arbitration is not a
precondition for...
|
California Health And Safety Code Section 1599.82
No contract of admission shall include a clause that
purports to alter the statutory period for filing an action against a
facility.
|
California Health And Safety Code Section 1599.83
If a provision for the payment of attorney's fees is
included in the admission contract, it shall state that in disputes
arising from the admission...
|
California Health And Safety Code Section 1599.84
This chapter applies to new admissions to skilled nursing
and intermediate care facilities on and after January 1, 1988. This
chapter shall not be...
|
California Health And Safety Code Section 1599.85
Long-term health care facilities must prominently and
clearly display the following notice on all contracts of admission,
and all advertisements used
|
California Health And Safety Code Section 1599.86
"Contract of admission," as used in this chapter, includes
all documents which a resident or his or her representative must
sign at the time of, or...
|
California Health And Safety Code Section 1599.87
The Department of Health Services (the Department) shall
compile a list of approximately twentyfive% (25%) of the long-term
health care facilities...
|
California Health And Safety Code Section 1599.88
The Department shall issue regulations to implement this
Chapter, including permitting one disclosure to satisfy the
requirements of Section 1599.85...
|
California Health And Safety Code Section 1599.89
The remedies for violations of this Chapter are as
provided in Government Code Section 12269.
|
California Health And Safety Code Section 1600
Unless the context otherwise requires, the definitions in
this article govern the construction of this chapter.
|
California Health And Safety Code Section 1600.1
"Biologics" includes the following products which are
offered for sale or distribution for the prevention or treatment of
disease, except biologics...
|
California Health And Safety Code Section 1600.2
"Blood bank" means any place where human whole blood, and
human whole blood derivatives specified by regulation, are collected,
prepared, tested,...
|
California Health And Safety Code Section 1600.21
"Blood collection center" means a stationary auxiliary to
a blood bank which is designed, equipped, and staffed to procure
human whole blood or blood
|
California Health And Safety Code Section 1600.22
"Stationary" means a nonmobile room or building maintained
at a fixed address.
|
California Health And Safety Code Section 1600.25
"Mobile unit" means a transportable auxiliary to a blood
bank designed, equipped, and staffed to procure human whole blood and
to transport this...
|
California Health And Safety Code Section 1600.3
"Blood bank depository" means any place other than a blood
bank where human whole blood and human whole blood derivatives
specified by regulation are
|
California Health And Safety Code Section 1600.35
"Blood component" or "blood derivative" means any product
produced from whole blood.
|
California Health And Safety Code Section 1600.4
"Distribution" includes sale and exchange.
|
California Health And Safety Code Section 1600.5
"Production" includes collection, preparation, testing,
processing, storage, and distribution of biologics under a license
issued by the department.
|
California Health And Safety Code Section 1600.6
"Department" means the State Department of Health Services.
|
California Health And Safety Code Section 1600.7
"Carrier donor" means any donor of human whole blood whose
blood donation has been found, either by laboratory tests or by the
tracing of a...
|
California Health And Safety Code Section 1600.8
"Possible carrier donor" means any donor of human whole
blood whose blood donation was administered where multiple
transfusions from multiple donors...
|
California Health And Safety Code Section 1600.9
"Carrier of viral hepatitis" means a person under treatment
by a physician who has contracted viral hepatitis which has been
confirmed by voluntary...
|
California Health And Safety Code Section 1602.5
(a) No person shall engage in the production of human whole
blood or human whole blood derivatives unless the person is licensed
under this chapter...
|
California Health And Safety Code Section 1602.6
(a) No person shall import any human whole blood or human
whole blood derivative produced outside the state unless that blood
or blood product meets...
|
California Health And Safety Code Section 1603.1
(a) Except as provided in this subdivision, no blood or
blood components shall be used in vivo for humans in this state,
unless the blood or blood...
|
California Health And Safety Code Section 1603.2
(a) Each blood bank or plasma center shall require as
identification either a photographic driver's license or other
photographic identification that
|
California Health And Safety Code Section 1603.3
(a) Prior to a donation of blood or blood components, each
donor shall be notified in writing of, and shall have signed a
written statement...
|
California Health And Safety Code Section 1603.4
(a) Notwithstanding Chapter 7 (commencing with Section
120975) of Part 4 of Division 105, or any other provision of law, no
public entity or any...
|
California Health And Safety Code Section 1603.5
(a) Notwithstanding any other provision of law, every
person engaged in the production of blood shall, if the product is
intended for transfusion,...
|
California Health And Safety Code Section 1604
The distribution or release for distribution by blood banks
of human whole blood, or those human whole blood derivatives
specified by regulation,...
|
California Health And Safety Code Section 1604.6
(a) Notwithstanding any other provision of law, in order to
provide umbilical cord blood banking storage services, a blood bank
shall be licensed...
|
California Health And Safety Code Section 1605
Establishments which receive human whole blood and human
whole blood derivatives specified by regulation and are not subject
to license in accordance
|
California Health And Safety Code Section 1606
The procurement, processing, distribution, or use of whole
blood, plasma, blood products, and blood derivatives for the purpose
of injecting or...
|
California Health And Safety Code Section 1607
(a) Notwithstanding any other provision of law, licensed
clinical laboratory bioanalysts, licensed clinical laboratory
technologists, registered...
|
California Health And Safety Code Section 1607.5
(a) Notwithstanding any other provision of law, a person
who has attained the age of 17 may consent to the donation of his or
her blood and to the...
|
California Health And Safety Code Section 1608
This chapter does not repeal or in any manner affect any
provision of the Business and Professions Code relating to the
practice of medicine.
|
California Health And Safety Code Section 1609
No person shall engage in the production of biologics other
than human whole blood and human whole blood derivatives unless:
(a) In a laboratory...
|
California Health And Safety Code Section 1610
The department shall make rules and regulations governing the
production of all biologics produced in establishments under
subdivision (c) of Section
|
California Health And Safety Code Section 1611
The department may make rules and regulations governing the
transportation or distribution of cultures of micro-organisms which
may produce disease...
|
California Health And Safety Code Section 1613
Applications for licenses issued under this chapter shall be
made upon forms issued by the department. The applications shall
contain at least the...
|
California Health And Safety Code Section 1614
If the department does not within 60 days after the filing of
the application issue a license, it shall state the grounds and
reasons for its refusal
|
California Health And Safety Code Section 1615
(a) A license shall be automatically revoked when there is a
change of address, ownership, or person in charge of biologics
production. However, a...
|
California Health And Safety Code Section 1616
(a) Each application for a license or license renewal under
this chapter shall be accompanied by a fee determined by the director
by regulations and...
|
California Health And Safety Code Section 1616.5
(a) The fee required pursuant to Section 1616 for the
calendar year commencing January 1, 1992, and for each fiscal year
thereafter unless adjusted...
|
California Health And Safety Code Section 1617
(a) The department shall administer this chapter.
(b) In order to carry out this chapter, any duly authorized
representative of the department may
|
California Health And Safety Code Section 1618
(a) Licenses shall be suspended or revoked by the department
for the violation of any provision of this chapter, or of any rule or
regulation made by
|
California Health And Safety Code Section 1619
Nothing in this chapter shall be considered to be in conflict
with Part 5 (commencing with Section 109875) of Division 104 of this
code and all...
|
California Health And Safety Code Section 1620
The violation of any provision of this chapter is a
misdemeanor punishable by a fine of not less than one hundred dollars
($100) nor more than one...
|
California Health And Safety Code Section 1621.5
(a) It is a felony punishable by imprisonment in the state
prison for two, four, or six years, for any person to donate blood,
body organs or other...
|
California Health And Safety Code Section 1625
As used in this article:
(a) "Blood" means human whole blood or components of human blood,
including plasma, which are prepared from human whole...
|
California Health And Safety Code Section 1625.1
In addition to the requirements of Section 1602.1,
subdivisions (a) to (c), inclusive, of Section 1002 of Title 17 of
the California Administrative...
|
California Health And Safety Code Section 1626
(a) Except as provided in subdivisions (b) and (c), it shall
be unlawful, in any transfusion of blood, to use any blood that was
obtained from a paid
|
California Health And Safety Code Section 1627
(a) On or before January 1, 2010, the State Department of
Public Health shall establish the Umbilical Cord Blood Collection
Program for the purpose...
|
California Health And Safety Code Section 1628
(a) To the extent public or private funds or grants are
identified and secured for these purposes, the Umbilical Cord Blood
Collection Program may...
|
California Health And Safety Code Section 1629
In implementing the program, the department shall make every
effort to avoid duplication or conflicts with existing and ongoing
programs and to...
|
California Health And Safety Code Section 1630
This article shall remain in effect only until January 1,
2015, and as of that date is repealed, unless a later enacted
statute, that is enacted...
|
California Health And Safety Code Section 1635
(a) "Donor" is an individual, living or deceased, from whom
tissue is removed.
(b) "Person" is an individual, corporation, business trust, estate...
|
California Health And Safety Code Section 1635.1
(a) Except as provided in subdivision (b), every tissue
bank operating in California on or after July 1, 1992, shall have a
current and valid tissue...
|
California Health And Safety Code Section 1635.2
The Legislature hereby declares its intent that the
collection, processing, storage, or distribution of tissue for the
purpose of transplantation, as
|
California Health And Safety Code Section 1639
(a) The department may adopt rules and regulations governing
the administration and enforcement of this chapter.
(b) Regulations adopted by the...
|
California Health And Safety Code Section 1639.01
(a) Notwithstanding Section 1639, the state department
shall adopt, on or before July 1, 2004, rules and regulations
governing licensed tissue banks...
|
California Health And Safety Code Section 1639.1
Any person desiring a license issued pursuant to Section
1639.3 shall file with the state department a verified application on
forms prescribed by...
|
California Health And Safety Code Section 1639.2
(a) Each license issued pursuant to subdivision (a) of
Section 1639.3 before July 1, 1992, shall expire July 1, 1993. Every
other license issued...
|
California Health And Safety Code Section 1639.3
(a) Upon the filing of the verified application for
licensure required by Section 1639.1, payment of the application fee
in the amount required in...
|
California Health And Safety Code Section 1639.35
Any person, when submitting an application for a license,
including the renewal thereof, pursuant to this chapter, shall also
submit, with the...
|
California Health And Safety Code Section 1639.4
Immediately upon the denial of any application for a
license, the state department shall notify the applicant in writing.
Within 20 days after the...
|
California Health And Safety Code Section 1639.5
(a) The application and annual renewal fee for a tissue
bank license shall be nine hundred fifty dollars ($950). Upon
application for renewal of a...
|
California Health And Safety Code Section 1639.55
(a) There is hereby established in the State Treasury the
Tissue Bank License Fund. Notwithstanding any other provision of
law, if, at the end of...
|
California Health And Safety Code Section 1639.56
The department shall submit a report to the Legislature no
later than January 1, 2003, including, but not limited to,
examining and evaluating all...
|
California Health And Safety Code Section 1639.6
(a) In order to carry out the purpose of this chapter, any
duly authorized representative of the department may do any of the
following:
(1) Enter
|
California Health And Safety Code Section 1641
Any person who violates this chapter or who willfully and
repeatedly violates any rule or regulation adopted under this
chapter, is guilty of a...
|
California Health And Safety Code Section 1641.1
The state department may bring an action to enjoin the
violation or threatened violation of Section 1635.1 in the superior
court in and for the...
|
California Health And Safety Code Section 1643
The state department may suspend or revoke any license issued
under this chapter for any of the following reasons:
(a) Violation by the licensee...
|
California Health And Safety Code Section 1643.1
Proceedings for the suspension or revocation of licenses
under this chapter shall be conducted in accordance with Section
100171.
|
California Health And Safety Code Section 1643.2
The state department may temporarily suspend any license
issued under this chapter prior to any hearing, when it has
determined that the action is...
|
California Health And Safety Code Section 1644
For purposes of this chapter, "donor," "person," "tissue,"
"transplantation," and "state department" shall have the meaning as
defined for those...
|
California Health And Safety Code Section 1644.5
(a) No tissues shall be transferred into the body of
another person by means of transplantation, unless the donor of the
tissues has been screened...
|
California Health And Safety Code Section 1644.7
Any entity that receives genetic material of a human being
that may be used for conception shall provide to the person
depositing his or her genetic...
|
California Health And Safety Code Section 1644.8
Any entity that receives genetic material of a human being
that may be used for conception shall make available to the person
depositing his or her...
|
California Health And Safety Code Section 1644.9
This chapter does not apply to the application of somatic
nuclear transfer technology to the creation of a human being that
shares all of its nuclear
|
California Health And Safety Code Section 1645
(a) Whenever there is a reasonable possibility, as determined
by a physician and surgeon or doctor of podiatric medicine, that a
blood transfusion...
|
California Health And Safety Code Section 1647
The procurement, processing, distribution, or use of human
milk for the purpose of human consumption shall be construed to be,
and is declared to be...
|
California Health And Safety Code Section 1648
(a) A hospital that collects, processes, stores, or
distributes human milk collected from a mother exclusively for her
own child shall comply with...
|
California Health And Safety Code Section 1650
The public health and welfare depend on the humane use of
animals for scientific advancement in the diagnosis and treatment of
human and animal...
|
California Health And Safety Code Section 1651
The State Department of Health Services shall administer the
provisions of this chapter.
Every provision of this chapter shall be liberally...
|
California Health And Safety Code Section 1660
The department shall make and promulgate, and may thereafter
modify, amend or rescind, reasonable rules and regulations to carry
out the purposes of...
|
California Health And Safety Code Section 1661
The provisions of Chapter 3.5 (commencing with Section 11340)
of Part 1 of Division 3 of Title 2 of the Government Code, shall be
applicable to all...
|
California Health And Safety Code Section 1662
The department is hereby authorized to inspect any premises
or property on or in which animals are kept for experimental or
diagnostic purposes, for...
|
California Health And Safety Code Section 1666
No person shall keep or use animals for diagnostic purposes,
education or research unless approved by the board.
|
California Health And Safety Code Section 1667
The board shall prescribe the rules under which approval
shall be granted including the standards regarding the care and
treatment of such animals...
|
California Health And Safety Code Section 1668
The board may, upon its own motion, and shall upon the
verified complaint in writing of any person, investigate the actions
of any person keeping or...
|
California Health And Safety Code Section 1669
This chapter does not apply to any veterinary licensed to
practice veterinary medicine in this State or to any place of
business operated by such...
|
California Health And Safety Code Section 1670
Nothing contained in this chapter shall be construed to limit
or restrict the right of counties, cities, cities and counties,
towns or townships, to...
|
California Health And Safety Code Section 1672
It is unlawful for any person to use animals for the purposes
provided for in this chapter without the approval of the board.
|
California Health And Safety Code Section 1673
Any person who violates this chapter is guilty of a
misdemeanor.
|
California Health And Safety Code Section 1676
An annual fee, to be employed for the enforcement of this
act, shall accompany each application for approval. The fee shall be
determined by the...
|
California Health And Safety Code Section 1677
Annual fees payable under this chapter shall become due and
payable by each person approved by the board 12 months from the date
of its issuance....
|
California Health And Safety Code Section 1685
The governing body of a city, county, city and county or
school district may employ one or more school audiometrists, each of
whom shall be...
|
California Health And Safety Code Section 1686
The State Department of Health Services shall, subject to the
provisions of Section 1685, issue certificates of registration to
school audiometrists...
|
California Health And Safety Code Section 1690
(a) Prior to the performance of a hysterectomy, physicians
and surgeons shall obtain verbal and written informed consent. The
informed consent...
|
California Health And Safety Code Section 1691
The failure of a physician and surgeon to inform a patient by
means of written consent, in layman's language and in a language
understood by the...
|
California Health And Safety Code Section 1695
To the extent that funds are available in the State
Department of Health Services' budget for the 1994-95 fiscal year for
this purpose, the...
|
California Health And Safety Code Section 1725
(a) The purpose of this chapter is to require licensure of
home health agencies in order to protect the health and safety of the
people of...
|
California Health And Safety Code Section 1726
(a) No private or public organization, including, but not
limited to, any partnership, corporation, political subdivision of
the state, or other...
|
California Health And Safety Code Section 1727
(a) "Home health agency" means a private or public
organization, including, but not limited to, any partnership,
corporation, political subdivision...
|
California Health And Safety Code Section 1727.1
A licensed home health agency may also provide, or arrange
for the provision of, other therapeutic services to persons in their
temporary or...
|
California Health And Safety Code Section 1727.5
Each home health agency providing home health agency
services shall do all of the following:
(a) Provide for a plan of treatment for patients...
|
California Health And Safety Code Section 1727.7
(a) The Legislature finds and declares the following:
(1) Thousands of patients receive home health care each year, thus
preventing, postponing,...
|
California Health And Safety Code Section 1728
Any person, organization, political subdivision of the state
or governmental agency desiring a license under the provisions of
this chapter or a...
|
California Health And Safety Code Section 1728.1
(a) To qualify for a home health agency license, the
following requirements shall be met:
(1) Every applicant shall satisfy the following...
|
California Health And Safety Code Section 1728.2
(a) If a home health agency or an applicant for a license
has not been previously licensed, the state department may only issue
a provisional license
|
California Health And Safety Code Section 1728.3
Notwithstanding Sections 1728.1 and 1732, the state
department may issue a provisional license to a home health agency
if:
(a) The agency and the...
|
California Health And Safety Code Section 1728.7
(a) Notwithstanding any other provision of this chapter,
the state department shall issue a license to a home health agency
that applies to the state
|
California Health And Safety Code Section 1728.8
(a) It is the intent of the Legislature to ensure that the
department licenses and certifies home health agencies in a
reasonable and timely manner...
|
California Health And Safety Code Section 1729
Each application for a license under this chapter, except
applications by the State of California or any state department,
authority, bureau,...
|
California Health And Safety Code Section 1730
(a) Each license issued under this chapter shall expire 12
months from the date of its issuance. Application for renewal of
license accompanied by...
|
California Health And Safety Code Section 1731
No person, public or private organization, political
subdivision of the state, or other governmental agency within the
state, shall continue to...
|
California Health And Safety Code Section 1732
Upon filing of the application for a license provided for in,
and upon full compliance with, the provisions of this chapter and
the rules and...
|
California Health And Safety Code Section 1733
Every home health agency for which a license has been issued,
except a facility that is certified to participate either in the
Medicare program under
|
California Health And Safety Code Section 1734
(a) The state department shall adopt, and may thereafter
modify, amend, or rescind, reasonable rules and regulations to carry
out the purposes of...
|
California Health And Safety Code Section 1734.5
The department may grant to entities contracting with the
department under the PACE program, as defined in Chapter 8.75
(commencing with Section...
|
California Health And Safety Code Section 1735
The state department may deny any application for, or suspend
or revoke any license issued under the provisions of this chapter
upon any of the...
|
California Health And Safety Code Section 1736
Proceedings for the denial, suspension or revocation of
licenses or denial or withdrawal of approval under this chapter shall
be conducted in...
|
California Health And Safety Code Section 1736.1
(a) An applicant for certification as a certified home
health aide shall comply with each of the following requirements:
(1) Have successfully...
|
California Health And Safety Code Section 1736.2
(a) Certificates issued for certified home health aides
shall be renewed every two years and renewal shall be conditioned on
the certificate holder...
|
California Health And Safety Code Section 1736.4
(a) The state department shall investigate complaints
concerning misconduct by certified home health aides and may take
disciplinary action pursuant...
|
California Health And Safety Code Section 1736.5
(a) The state department shall deny a training application
and deny, suspend, or revoke a certificate issued under this article
if the applicant or...
|
California Health And Safety Code Section 1736.6
(a) (1) A criminal record clearance shall be conducted by
the department for all home health aides by electronically submitting
fingerprint images...
|
California Health And Safety Code Section 1736.7
(a) The state department may request and maintain
employment information for home health aides.
(b) Within five working days of receipt of a...
|
California Health And Safety Code Section 1737
Any license revoked pursuant to this chapter may be
reinstated pursuant to the provisions of Section 11522 of the
Government Code.
|
California Health And Safety Code Section 1737.5
Any licensee may, with the approval of the state
department, surrender his license for suspension or cancellation by
the state department. Any...
|
California Health And Safety Code Section 1738
The provisions of this chapter do not apply to any home
health agency conducted by and for the adherents of any well
recognized church or religious...
|
California Health And Safety Code Section 1739
Any person who violates any of the provisions of this chapter
or of the rules and regulations promulgated under this chapter is
guilty of a...
|
California Health And Safety Code Section 1740
The director may bring an action to enjoin the violation or
threatened violation of Section 1726 in the superior court in and for
the county in which
|
California Health And Safety Code Section 1741
Any officer, employee, or agent of the state department may
enter and inspect any building, premises, record or file of a
licensee at any reasonable...
|
California Health And Safety Code Section 1742
The district attorney of every county shall, upon application
by the state department or its authorized representative, institute
and conduct the...
|
California Health And Safety Code Section 1743
(a) The Legislature finds and declares all of the following:
(1) There is currently a crisis in accessing home health care.
(2) Approximately...
|
California Health And Safety Code Section 1743.2
(a) "Private duty nursing agency" means a private or public
organization, including, but not limited to, any partnership,
corporation, political...
|
California Health And Safety Code Section 1743.3
Each private duty nursing agency providing services shall
do all of the following:
(a) Provide for a plan of treatment for patients receiving...
|
California Health And Safety Code Section 1743.7
Any person, organization, political subdivision of the
state or governmental agency desiring a license under this chapter,
or any health facility as...
|
California Health And Safety Code Section 1743.9
(a) To qualify for a private duty nursing agency license,
the following requirements shall be met:
(1) Every applicant shall satisfy the following
|
California Health And Safety Code Section 1743.11
(a) If a private duty nursing agency or an applicant for a
license has not been previously licensed, the department may only
issue a provisional...
|
California Health And Safety Code Section 1743.13
(a) Notwithstanding Sections 1743.9 and 1743.15, if a
private duty nursing agency or an applicant for a license has been
previously licensed as a...
|
California Health And Safety Code Section 1743.15
(a) Upon filing an application for a private duty nursing
agency license as provided for in, and upon the full compliance with,
the provisions of...
|
California Health And Safety Code Section 1743.17
Each application for a private duty nursing agency license
under this chapter, except applications by this state or any state
department, authority,...
|
California Health And Safety Code Section 1743.19
Each private duty nursing agency license issued under this
chapter shall expire 12 months from the date of its issuance.
Application for renewal of...
|
California Health And Safety Code Section 1743.21
(a) Every private duty nursing agency for which a license
has been issued, except a facility that is certified to participate
either in the Medicare...
|
California Health And Safety Code Section 1743.23
(a) The department shall apply its current regulations
governing home health agencies to home health agencies and to private
duty nursing agencies...
|
California Health And Safety Code Section 1743.25
(a) The department may deny any application for, or
suspend or revoke, any private duty nursing license issued under this
chapter upon any of the...
|
California Health And Safety Code Section 1743.27
(a) Any license revoked pursuant to this chapter may be
reinstated pursuant to Section 11522 of the Government Code.
(b) Any licensee may, with...
|
California Health And Safety Code Section 1743.29
The provisions of this chapter do not apply to the
adherents of any well recognized church or religious denomination
that provides for the care or...
|
California Health And Safety Code Section 1743.31
Any person who violates any of the provisions of this
chapter, or of the rules and regulations promulgated under this
chapter, is guilty of a...
|
California Health And Safety Code Section 1743.33
The director may bring an action to enjoin the violation
or threatened violation of Section 1743 in the superior court in and
for the county in which
|
California Health And Safety Code Section 1743.35
Any officer, employee, or agent of the department may
enter and inspect any building, premises, record, or file of a
private duty nursing agency...
|
California Health And Safety Code Section 1743.37
The district attorney of every county shall, upon
application by the department or its authorized representative,
institute and conduct the...
|
California Health And Safety Code Section 1745
(a) The purposes of this chapter are to provide for the
licensure of hospices by the state department in order to ensure the
health and safety of...
|
California Health And Safety Code Section 1746
For the purposes of this chapter, the following definitions
apply:
(a) "Bereavement services" means those services available to the
surviving...
|
California Health And Safety Code Section 1747
(a) No person, political subdivision of the state, or other
governmental agency, that is not operating a hospice as of January 1,
1991, shall...
|
California Health And Safety Code Section 1747.1
A hospice program certified in accordance with federal
Medicare hospice conditions of participation shall be exempt from
subdivision (a) of Section...
|
California Health And Safety Code Section 1747.5
Each hospice licensed pursuant to this chapter shall
maintain, and revise as needed, and implement policies regarding the
purchase, storage,...
|
California Health And Safety Code Section 1748
(a) Except as otherwise provided in subdivision (b) or (d) of
Section 1747, no person, political subdivision of the state, or
other governmental...
|
California Health And Safety Code Section 1749
(a) To qualify for a license under this chapter, an applicant
shall satisfy all of the following:
(1) Be of good moral character. If the...
|
California Health And Safety Code Section 1749.5
The Legislature recognizes that hospices can apply for
certification for their hospice programs from the federal Medicare
program. If the department
|
California Health And Safety Code Section 1750
(a) Each new and renewal application for a license under this
chapter shall be accompanied by an annual Licensing and
Certification Program fee set...
|
California Health And Safety Code Section 1751
(a) Upon an applicant's filing an application for licensure
under this chapter and compliance with this chapter and the rules and
regulations adopted
|
California Health And Safety Code Section 1752
(a) A licensed hospice, at the state department's option, may
periodically be inspected by a duly authorized representative of the
state department.
|
California Health And Safety Code Section 1753
(a) The state department shall adopt, amend, or repeal, in
accordance with Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of...
|
California Health And Safety Code Section 1754
(a) Any licensee may, with the approval of the state
department, surrender his or her license for suspension or
cancellation by the state...
|
California Health And Safety Code Section 1755
(a) The state department may deny any application for
licensure, or suspend or revoke any license issued, under this
chapter upon any of the...
|
California Health And Safety Code Section 1756
(a) The suspension, expiration, or forfeiture by operation of
law of a license issued by the state department under this chapter,
the suspension or...
|
California Health And Safety Code Section 1757
Any person who violates any provision of this chapter or any
rule or regulation promulgated under this chapter is guilty of a
misdemeanor, and upon...
|
California Health And Safety Code Section 1758
The director may bring an action to enjoin the violation or
threatened violation of Section 1748 in the superior court in and for
the county in which
|
California Health And Safety Code Section 1759
The district attorney of every county shall, upon application
by the state department or its authorized representative, institute
and conduct the...
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California Health And Safety Code Section 1760
In enacting this chapter, it is the intent of the Legislature
to create, within the state department, a program for licensing
pediatric day health...
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California Health And Safety Code Section 1760.2
As used in this chapter, the following definitions shall
apply:
(a) "Pediatric day health and respite care facility" means a
facility which...
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California Health And Safety Code Section 1760.4
(a) The state department shall develop and adopt
regulations for the licensure of, and shall license, pediatric day
health and respite care...
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California Health And Safety Code Section 1760.5
The annual Licensing and Certification Program fee for a
pediatric day health and respite care facility, as defined in Section
1760.2, shall be set...
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California Health And Safety Code Section 1760.6
(a) A pediatric day health and respite care facility shall
provide all of the following services:
(1) Medical.
(2) Nursing.
(3) Pharmacy.
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California Health And Safety Code Section 1760.8
(a) A pediatric day health and respite care facility may
establish admission criteria based upon the compatibility of the
developmental needs of the...
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California Health And Safety Code Section 1761
Pediatric day health and respite care facilities shall be
separately licensed.
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California Health And Safety Code Section 1761.2
(a) Pediatric day health and respite care facilities shall
meet the same fire safety standards adopted by the State Fire Marshal
that apply to...
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California Health And Safety Code Section 1761.4
A pediatric day health and respite care facility of six
beds or less shall be considered a residential use of property for
purposes of any zoning...
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California Health And Safety Code Section 1761.6
A pediatric day health and respite care facility shall
conspicuously post the license, or a true copy thereof, in a location
accessible to public...
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California Health And Safety Code Section 1761.8
A pediatric day health and respite care facility shall not
be subject to architectural plan review or field inspection by the
Office of Statewide...
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California Health And Safety Code Section 1765.101
This chapter shall be known, and may be cited as, the
Mobile Health Care Services Act.
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California Health And Safety Code Section 1765.105
As used in this chapter, the following definitions shall
apply:
(a) "Parent facility" means a health facility licensed pursuant to
Chapter 2...
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California Health And Safety Code Section 1765.110
The purpose of this chapter is to provide for the use of
mobile units to provide medical, diagnostic, and treatment services,
in order to help ensure
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California Health And Safety Code Section 1765.115
A mobile unit may operate as one of the following:
(a) As an adjunct to a licensed health facility or to a licensed
clinic.
(b) As an...
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California Health And Safety Code Section 1765.117
The state department shall charge applicants a licensure
fee as follows:
(a) Pursuant to Chapter 1 (commencing with Section 1200), or
Chapter 2...
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California Health And Safety Code Section 1765.120
Compliance with all of the following criteria shall be
required prior to licensure:
(a) The mobile unit shall comply with the applicable...
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California Health And Safety Code Section 1765.125
(a) Except as provided in subdivision (b), no person,
political subdivision of the state, or governmental agency shall
operate a mobile service unit...
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California Health And Safety Code Section 1765.130
(a) Any applicant under this chapter shall file with the
state department an application. The application shall be on forms
prescribed and furnished
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California Health And Safety Code Section 1765.135
(a) To qualify for a license under this chapter, an
applicant shall satisfy all the requirements of this chapter, the
applicable requirements of...
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California Health And Safety Code Section 1765.140
(a) Mobile units that provide services as an addition to
the existing license of a parent facility shall be subject to the
same requirements and...
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California Health And Safety Code Section 1765.145
(a) A licensee using mobile services pursuant to this
chapter shall, at the department's option, be periodically inspected,
in addition to any...
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California Health And Safety Code Section 1765.150
(a) The mobile unit shall be of sufficient size and shall
be arranged in a manner that is appropriate for the provision of
those health care services
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California Health And Safety Code Section 1765.155
(a) The licensed parent facility or clinic shall be
responsible for obtaining approvals for the site or sites of the
mobile unit as required by the...
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California Health And Safety Code Section 1765.160
Any licensee using mobile services pursuant to this
chapter shall do all of the following:
(a) Have written policies established by the governing...
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California Health And Safety Code Section 1765.165
(a) For general acute care hospitals, mobile unit
services shall not be utilized as a primary source for a basic
hospital service, as defined in...
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California Health And Safety Code Section 1765.170
The mobile unit shall comply with all of the following:
(a) It shall have supplies and equipment to meet the needs of the
patients served.
(b)
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California Health And Safety Code Section 1765.175
The state department shall adopt, amend, or repeal, in
accordance with Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2
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California Health And Safety Code Section 1770
The Legislature finds, declares, and intends all of the
following:
(a) Continuing care retirement communities are an alternative for
the long-term
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California Health And Safety Code Section 1771
Unless the context otherwise requires, the definitions in
this section govern the interpretation of this chapter.
(a) (1) "Affiliate" means any...
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California Health And Safety Code Section 1771.2
(a) An entity shall apply for and hold a currently valid
permit to accept deposits before it may enter into a deposit
agreement or accept a deposit.
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California Health And Safety Code Section 1771.3
(a) This chapter shall not apply to either of the
following:
(1) An arrangement for the care of a person by a relative.
(2) An arrangement for...
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California Health And Safety Code Section 1771.4
An entity may conduct a market test for a proposed
continuing care retirement community and collect reservation fees
from persons interested in...
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California Health And Safety Code Section 1771.5
The department shall not issue a provisional certificate of
authority or a certificate of authority to an applicant until the
applicant has obtained...
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California Health And Safety Code Section 1771.6
(a) Any entity may apply to the department for a Letter of
Nonapplicability for reasons other than those specified in Section
1771.3, which states...
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California Health And Safety Code Section 1771.7
(a) No resident of a continuing care retirement community
shall be deprived of any civil or legal right, benefit, or privilege
guaranteed by law, by...
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California Health And Safety Code Section 1771.8
(a) The Legislature finds and declares all of the
following:
(1) The residents of continuing care retirement communities have a
unique and...
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California Health And Safety Code Section 1771.10
Each provider shall adopt a comprehensive disaster
preparedness plan specifying policies for evacuation, relocation,
continued services,...
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California Health And Safety Code Section 1772
(a) No report, circular, public announcement, certificate,
financial statement, or any other printed matter or advertising
material, or oral...
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California Health And Safety Code Section 1772.2
(a) All printed advertising materials, including brochures,
circulars, public announcements, and similar publications pertaining
to continuing care...
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California Health And Safety Code Section 1773
(a) A provisional certificate of authority or certificate of
authority may not be sold, transferred, or exchanged in any manner.
A provider may not...
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California Health And Safety Code Section 1774
No arrangement allowed by a permit to accept deposits, a
provisional certificate or authority, or a certificate of authority
issued by the department
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California Health And Safety Code Section 1775
(a) To the extent that this chapter, as interpreted by the
department, conflicts with the statutes, regulations, or
interpretations governing the...
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California Health And Safety Code Section 1776
The department shall adopt, amend, or repeal, in accordance
with Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of...
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California Health And Safety Code Section 1776.2
The department may, by any duly authorized representative,
inspect and examine any continuing care retirement community,
including the books and...
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California Health And Safety Code Section 1776.3
(a) The Continuing Care Contracts Branch of the department
shall enter and review each continuing care retirement community in
the state at least...
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California Health And Safety Code Section 1776.4
The department may contract with any entity to provide
consultation services. In providing the services, the entity shall
conform to the...
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California Health And Safety Code Section 1776.6
(a) Pursuant to the California Public Records Act (Chapter
3.5 (commencing with Section 6250) of Division 7 of Title 1 of the
Government Code) and...
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California Health And Safety Code Section 1777
(a) The Continuing Care Advisory Committee of the department
shall act in an advisory capacity to the department on matters
relating to continuing...
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California Health And Safety Code Section 1777.2
(a) The Continuing Care Advisory Committee shall:
(1) Review the financial and managerial condition of continuing
care retirement communities...
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California Health And Safety Code Section 1777.4
Any member of the Continuing Care Advisory Committee is
immune from civil liability based on acts performed in his or her
official capacity. Costs...
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California Health And Safety Code Section 1778
(a) There is hereby created in the State Treasury a fund
which shall be known as the Continuing Care Provider Fee Fund. The
fund shall consist of...
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California Health And Safety Code Section 1779
(a) An entity shall file an application for a permit to
accept deposits and for a certificate of authority with the
department, as set forth in this...
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California Health And Safety Code Section 1779.2
(a) Any entity filing an application for a permit to accept
deposits and a certificate of authority shall pay an application
fee.
(b) The...
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California Health And Safety Code Section 1779.4
An application shall contain all of the following:
(a) A statement signed by the applicant under penalty of perjury
certifying that to the best of
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California Health And Safety Code Section 1779.6
(a) Within seven calendar days of receipt of an initial
application for a permit to accept deposits and a certificate of
authority, the department...
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California Health And Safety Code Section 1779.7
(a) Where any portion of the consideration transferred to
an applicant as a deposit or to a provider as consideration for a
continuing care contract...
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California Health And Safety Code Section 1779.8
(a) The applicant shall notify the department of material
changes in the application information submitted to the department,
including the...
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California Health And Safety Code Section 1779.10
(a) The department shall deny an application for a permit
to accept deposits and a certificate of authority if the applicant
fails to do any of the...
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California Health And Safety Code Section 1780
The department shall issue a permit to accept deposits when
it has done all of the following:
(a) Determined that the application is adequate.
...
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California Health And Safety Code Section 1780.2 |