Health FacilitiesAdministration
Section § 1265
If someone wants to get a license to run a health facility, they need to fill out a special application with the health department. This includes basic details like their name, the type and location of the facility, and who's in charge. They also need to prove they have a good reputation, can follow the rules, and have enough money to run the facility for at least 90 days.
For nursing facilities, they must show they have the right to be on the property and list property owners. Additional information may be required, especially for facilities catering to developmentally disabled individuals, which may need a statement of need from a local board. The application details are mostly public, except for personal security info. Managing a facility means taking charge of operations, finances, and staff.
Section § 1265.1
If you're applying for a health facility license in California, the state can deny your application if you've been convicted of certain crimes or lied on your application. This applies whether you're an individual or part of a larger group like a company. Even if it's someone high up in the organization, like an officer or director, who has a conviction, that can be a valid reason to deny the license. If the person in charge of the health facility within government agencies is convicted of a crime, it can also lead to denial. The court records or certified copies of the conviction are definitive proof of the crime.
Section § 1265.2
This section defines what is considered a "crime" and a "conviction" for licensing purposes. A crime is any violation related to the job duties or the business's operation that holds the license. A conviction includes guilty pleas and certain verdicts, even if there are subsequent legal actions to change or dismiss the conviction record.
The state can take actions on a license based on a conviction once appeals are exhausted. However, evidence of a misdemeanor nolo contendere plea isn't valid in specific hearings.
A license application can't be denied or revoked solely based on a conviction if the person is found rehabilitated by the director, who considers all evidence of rehabilitation presented.
Section § 1265.3
This law outlines the criteria that California's health department must consider when evaluating applications to operate or manage certain licensed health facilities. They will examine whether the applicant has a history of adhering to laws and regulations, with a focus on those impacting patient safety. This includes their compliance history while operating facilities within California or other states, and their ability to follow rules as a licensed health professional or contractual party with health plans or insurers.
The department can also request additional documents or info to ensure compliance with licensing laws.
Section § 1265.4
This law mandates that licensed health facilities in certain categories must hire a dietitian, either full-time or part-time, to oversee dietetic services. If the dietitian isn't employed full-time, the facility must also hire a full-time dietetic services supervisor. This supervisor must meet specific education and training criteria, which include various degrees and certifications related to food and nutrition or dietetic services. The supervisor should also get frequent consultation from a qualified dietitian.
There are seven different educational paths the supervisor can take, including obtaining degrees in food and nutrition, completing dietetic technician or assistant programs, or receiving military training equivalent to these requirements. Additionally, the law allows for some flexibility: individuals with at least five years of experience prior to 2009 can request modifications to these requirements, provided they're enrolled in an appropriate program. This flexibility can extend the timeline to meet the education requirements by up to six months if the coursework can't be completed on time.
Section § 1265.5
This law requires anyone involved in running or working at specific intermediate care facilities for people with developmental disabilities to pass a criminal record check before they can be licensed or hired. This includes administrators, managers, direct care staff, or other adults living at the facility. They must submit their fingerprints to the Department of Justice for this check, covering any serious past criminal convictions. If these checks reveal certain serious crimes, the application for licensure or employment can be denied unless they can demonstrate rehabilitation or the charges have been legally dismissed. However, minor traffic violations don't count against applicants. There are also specific efficiency standards for processing these checks and in certain cases, if these standards are not met, facilities may temporarily allow hires to work after submitting fingerprints while waiting for final clearance.
In addition, certain licensed healthcare professionals like nurses or therapists who have already cleared similar checks for their professional licenses are exempt from repeated checks under certain conditions. The law outlines what applicants can do if they have past convictions, including providing proof of rehabilitation over time.
Section § 1265.6
This California Health and Safety Code section allows registered nurses in certain care facilities to direct staff to perform blood glucose testing on residents with developmental disabilities who have diabetes, but specific conditions must be met.
The testing must be ordered by a physician, and results should be reported to a registered nurse. Direct care staff must be trained and show proficiency under the supervision of a nurse before conducting the tests. Training includes understanding diabetes, safe use and maintenance of glucose devices, and infection control.
The nurse must certify the staff's competence in writing, and this certification is specific to each procedure and client. Nurses need to watch the staff perform tests every three months and provide ongoing diabetes management education annually. Facilities must have policies for testing and retain a federal waiver certificate before starting this process.
Section § 1265.7
This section requires the state department to establish rules for licensing congregate living health facilities, which care for people with complex health needs. The regulations must set minimum standards for safety, cleanliness, staffing, staff training, and service quality.
Facilities caring for ventilator-dependent residents must create a supportive and minimally restrictive environment suited to individual needs. Similarly, homes for the terminally ill or those severely disabled must ensure residents receive appropriate health services tailored to their needs in a comfortable setting. Until these specific regulations are in place, facilities can be licensed under existing laws if they meet certain criteria, starting July 1, 1988.
Section § 1265.8
If you're looking to get a license for a health facility in California, you must file a confirmed statement with the state department. This statement should prove that you've met the rules of Chapter 1 of Division 12.5, starting with Section 15000, and that you've got the necessary approvals under that chapter. The state won't issue a health facility license until you fulfill this requirement.
Section § 1265.9
As of July 1, 2015, state-run acute psychiatric hospitals in California can apply to offer an Enhanced Treatment Program (ETP) as extra service if they meet certain standards. The State Department of Public Health can set emergency regulations for these programs, or offer guidance through official communications.
ETPs must maintain specific standards: a staff-to-patient ratio of 1 to 5, one patient per room with 24/7 staff visibility, individual toilets and sinks in patient rooms, lockable doors for safety, emergency exits, and compliance with regulations if seclusion or restraints are used.
Each ETP must have a patient's rights advocate and develop policies to help patients improve and transition back to standard treatment environments. Further guidelines cover patient admission criteria, needs assessment, and treatment planning. Patients in ETPs maintain their regular rights except regarding lockable doors in case of safety needs. This section will be valid until January 1, 2030, unless extended or repealed before then.
Section § 1265.10
Health facilities must offer meals that are completely plant-based, meaning no animal products at all, to patients if their doctors say so. These meals should be wholesome and varied to meet patient needs.
Breaking this rule isn't considered a crime, no matter what other laws say.
'Plant-based meals' are defined as meals without meat, poultry, fish, dairy, or eggs.
Section § 1265.11
This law section in California ensures that an application for a professional license or existing license cannot be denied, suspended, revoked, or limited due to legal issues like civil judgments or criminal convictions from another state if those issues are solely because of that state's laws which interfere with a person's right to get services considered legal in California.
It also clarifies that if the issue is based on behavior that would be problematic under California's own laws, then this protection doesn’t apply. The term "sensitive services" is defined by the Civil Code.
Section § 1265.12
This law ensures that no legal action—criminal, civil, professional, or licensing—can be taken against individuals or entities in California related to any lawful activities involving mifepristone or other drugs used for medication abortion. This includes activities such as transport, distribution, and storage. Furthermore, the state's department cannot penalize or deny licensure based solely on a person’s or entity’s actions related to these drugs even if disciplined for similar actions in another state, provided that what they did is legal in California.
Section § 1266
This law ensures that the Licensing and Certification Program in California's healthcare facilities is funded by federal and special funds, except if specified otherwise. Each year, starting from February 2007, it must publish a list of estimated fees including licensing and other application fees, which is not subject to the usual rulemaking protocols. By February each year, reports on costs and staffing, along with these fees, must be shared publicly, detailing all relevant financial and resource allocations.
The law mandates fee increases for skilled nursing facilities to support the Long-Term Care Ombudsman Program. From 2018 onward, extra fees may be charged to facilities in Los Angeles County to cover regulatory costs. Finalized fee lists are adjusted post-budget enactment, accessible online, and part of license application packages. State departments and federally certified clinics exempt from state licensure are generally not subjected to these fees unless federal funding becomes available.
Other provisions allow changes in license renewal dates for operational efficiency, with proration of fees if dates change. Also, there's a directive to evaluate investigation timeline reductions, enhancing resource management and complaint handling efficiency.
Section § 1266.1
This law addresses the fees and requirements for obtaining a license for psychiatric health facilities in California. Applications for new or renewed licenses must include a fee that covers the cost of reviewing and inspecting these facilities, but fees must not exceed actual costs. Facilities run by public entities like the state, local hospital districts, or universities are exempt from annual fees. If more private psychiatric facilities are licensed, fees for those with more than nine beds might increase to cover additional administrative costs. Furthermore, facilities seeking a special permit to offer structured outpatient services must submit a separate application with a fee. The special permit requires additional staffing and a coordinator to oversee services. Structured outpatient services can serve as an alternative to inpatient admission or provide follow-up care after discharge.
Section § 1266.5
This law states that if an entity continues to operate after its license expires without paying the required annual fees, those fees are deemed overdue. If the payment is late, a penalty is added: 10% of the fee if it's up to 30 days late, 20% if it's 31-60 days late, and 60% if more than 60 days late. Licenses will not be renewed until all fees and penalties are paid. Similar rules apply to fees for reports of change or notifications, with the same penalty structure for late payments. Additionally, the Licensing and Certification Program can offset funds owed to the licensee from programs like Medi-Cal to reclaim any outstanding fees and penalties.
Section § 1266.7
This law section states that each year, congregate living health facilities must pay a fee for the Licensing and Certification Program, which is determined based on Section 1266.
Section § 1266.9
This law establishes a special fund in the California State Treasury dedicated to the State Department of Public Health's Licensing and Certification Program. Money collected under a related section is put into this fund. The fund is used, once approved by the legislature, to help run the department's licensing and certification activities. Any interest earned by the fund also goes back into it to support these operations.
Section § 1266.10
This law sets aside over $3 million from the state budget to fund a loan specifically for the State Department of Health Services. The money will support the Licensing and Certification Program's operations. The loan is to be repaid from fees already collected in three equal payments starting July 1, 2007, or when the 2007 budget passes, whichever comes later.
Section § 1266.12
This law outlines the fees and procedures for licensing and certifying certain healthcare facilities in California, like skilled nursing facilities and hospitals. From January 1, 2007, priority is given to licensing intermediate care facilities that serve developmentally disabled individuals. Once these facilities are licensed, they must notify the department when they're ready for a certification survey, which will be scheduled within 60 days.
Section § 1267
In California, licenses issued under this law expire 12 months after they're given unless different rules apply. Renewing your license requires an application and fee at least 30 days before your license expires. If you don't renew in time, your license will expire.
However, if a facility is run by a court-appointed temporary manager (called a receiver), its license won't expire during this management and for 30 more days after.
If a facility meets all required laws and standards, the renewal license can last up to two years. For certain health facilities, it can be up to three years. Despite how long your renewed license lasts, you'll still need to pay a fee every year.
Section § 1267.5
This law requires anyone applying for a license to run a skilled nursing or intermediate care facility to provide detailed ownership and management information to the state. Applicants must disclose names and addresses of significant stakeholders like partners or directors if they have a 5% or more ownership stake. If someone tied to the application has been involved with another facility, that must be disclosed too.
Management companies operating facilities must also disclose ownership and control information about themselves and their parent companies. Changes in ownership or management must be reported in advance. Failing to provide this information or comply with these rules can lead to license revocation or denial.
A person acquiring substantial interest needs state approval, and past legal issues may affect application approval, unless the person took action to prevent or correct them. The law also outlines procedural rights if a license application is denied.
Section § 1267.7
This law requires two state departments in California to work together to create rules for licensing and managing intermediate care facilities for people with developmental disabilities. These rules must ensure that residents receive suitable health and development services in settings that feel as normal and unrestricted as possible, based on their individual needs. The law also emphasizes using local community resources and encouraging residents to take part in community activities.
Section § 1267.8
This law ensures that certain care facilities for developmentally disabled individuals meet specific fire and seismic safety standards. These standards are similar to those for community care facilities of a comparable size and resident type. For facilities serving six or fewer people, they are treated like regular residential homes in terms of zoning and building regulations.
The residents and operators of such facilities are also considered family members for zoning laws. These small facilities do not require special permits or zoning clearances different from those needed for single-family homes. Additionally, their use does not count as a change in occupancy, allowing them to integrate smoothly into residential areas.
Section § 1267.9
This California law aims to prevent too many healthcare facilities, such as intermediate care facilities for people with developmental disabilities, from being too close together in a neighborhood, as this can affect the area's character. If a new healthcare facility is planned, and it would be too near others of its kind—under 300 feet or 1,000 feet, depending on the type—it may not get a license.
The law does allow for some flexibility in these distance rules if local city or county authorities approve. Before any new facility gets the go-ahead, the state must inform the local planning authority 45 days in advance.
Cities or counties can ask the state to deny a license if they believe the area is already overwhelmed with similar facilities. However, this law doesn’t allow the state to deny renewing licenses or changing ownership if the facility stays at the same location. Foster family homes and elderly residential care facilities don't count toward this overconcentration rule.
Section § 1267.11
This law mandates that facilities for developmentally disabled individuals must assign direct care staff to supervise client care for at least 56 hours each week. These supervisors help meet the state's required care hours. They must either have a vocational nurse or psychiatric technician license, complete 30 college credits in related fields with six months of relevant experience, or have 18 months of experience in direct services under qualified supervision.
Section § 1267.12
If someone wants to be admitted to or discharged from a congregate living health facility, a doctor must order it. The state department needs to review and approve the facility's admission criteria. Once admitted, the person must be under a doctor's care, and the doctor has to see the resident at least once every 30 days, or more often if needed due to health issues.
Section § 1267.13
This section outlines the standards for congregate living health facilities that serve people who are terminally ill, severely disabled, or mentally alert but physically disabled. These facilities must ensure residents' health and safety by maintaining a valid fire clearance and meeting state and fire marshal regulations. They should be homelike with sufficient space for residents, proper sleeping accommodations, and privacy in bathrooms.
Nursing services must include registered or vocational nurses on duty, with specific ratios per number of residents. Administrators must ensure the facility is run smoothly. Volunteers can assist but not replace required staff. Exceptions to certain standards may be requested, but building standards cannot be compromised.
Section § 1267.15
This section states that congregate living health facilities, which are essentially group living health services, must be standalone institutions even if they are located on a hospital campus. However, they can be grouped in the same multi-story building if certain conditions are met.
These conditions include meeting all other building standards, being physically separated by permanent structures, and receiving support from the local health department and county supervisors. Additionally, these facilities can share some common areas like elevators or stairs and must be located at specific buildings on the premises of the McClellan Air Force Base in California.
Section § 1267.16
This California law states that small congregate living health facilities, which house six or fewer people, are considered to be residential properties under zoning laws. These facilities must follow the same rules on building heights and parking as single-family homes.
While local ordinances about health and safety may apply, cities and counties cannot impose additional zoning restrictions specifically targeting these facilities.
Larger facilities with more than six beds, catering to terminally ill or severely disabled individuals, must get special permits unless they received their operating license within 18 months of the law’s start date and do not expand in size.
Section § 1267.17
This law requires that every congregate living health facility must display its license, or an exact copy of it, in a place where the public can easily see it.
Section § 1267.19
This law states that congregate living health facilities don't need their architectural plans reviewed by the Office of Statewide Health Planning and Development. Instead, when applying for a license, the facility must prove it meets local building code standards. Additionally, the physical environment of the facility must be sufficient to offer the necessary care and services for its residents, as determined by the department.
Section § 1267.61
This law requires a facility licensee, not including certain hospitals, to notify residents and their representatives at least 90 days before any major changes in ownership or management. Such changes could include sales, transfers, leases, or even management shifts. The notice must include details like the names and addresses of prospective new owners or managers, their ownership stakes, and the expected date of change.
Additionally, this notice must be posted on all facility doors and made available to the public. If the notification is delayed, the facility can be fined $100 per day. This requirement applies to license applications submitted after July 1, 2020.
Section § 1267.62
If a facility like a nursing home (but not one part of a hospital) is sold or changes management, the new owner must keep all current employees for 60 days, except top managers like the administrator and nursing director. Employees must be offered a 60-day job in their own language, with at least 10 days to accept.
In those 60 days, the new owner can only fire employees for specific performance or conduct reasons, and can't cut their pay or benefits. The law doesn't make the state responsible for handling labor disputes. This rule applies to licenses applied for after January 1, 2020.
Section § 1267.75
This law allows certain intermediate care facilities with no more than six residents to use delayed egress devices, which slow down exit for safety reasons, with fenced perimeters that meet specific standards. It's meant for individuals with developmental disabilities who might lack awareness of hazards and impulse control, under certain conditions and age limits, and with approval through specific processes and assessments.
Facilities must comply with fire and safety codes, have trained staff, protect residents' rights, and have detailed operational plans approved by state departments. There's a limit on how many beds can be authorized in such facilities statewide, and emergency regulations must be developed with stakeholders.
Section § 1268
This statute covers the rules for issuing licenses or special permits for health facilities in California. To receive a license, applicants must meet all requirements and comply with regulations. If they don't, the license won't be granted. Licenses also can't be given for projects without a valid certificate of need, except for those providing certain rehabilitation services since 1979. Additionally, to get a license, hospitals must have a policy to inform patients about child passenger safety laws, including a summary of the laws, local programs, and dangers of improper use. Hospitals can fulfill this by distributing free materials from the California Highway Patrol, or by proving they have requested these materials.
Section § 1268.5
This law allows the state department to grant a temporary, provisional license to certain health facilities for up to six months if they mostly meet required standards but have minor issues that don’t threaten patient safety. To get this license, the applicant must also have a plan to fix any existing violations. The department can extend this provisional license for six more months for specific reasons like implementing a correction plan, complying with other regulations, changing ownership, or setting up a receivership. However, the standards for this temporary license are just as strict as for a regular license. The intention is to ensure continued Medi-Cal reimbursement when ownership of a nursing or care facility changes.
Section § 1268.6
Starting from October 1, 2011, if you want to open a new intermediate care facility for people with developmental disabilities in California, you or your representative must attend a sixteen-hour orientation program. This program is approved by the State Department of Developmental Services.
The first eight hours will cover topics like regulatory requirements, local planning, and roles of various agencies. The next eight hours focus on business management topics such as cost reporting, accounting principles, and audit processes.
The orientation is taught by qualified community organizations and professionals with relevant degrees or experience. If you've completed this course before, you don't need to retake it to open a new facility.
Section § 1269
If the state department denies your application for a license or special permit, they will inform you in writing. You then have 20 days from the mailing date of the notice to submit a written request for a hearing. Once the department receives your properly formatted petition, they will schedule a hearing. This hearing will follow specific procedures outlined in another part of the Government Code, which grants the department certain authorities.
Section § 1270
This law specifies situations where certain healthcare regulations don't apply. It mainly exempts facilities run by religious groups for spiritual healing rather than medical treatment. Hotels or similar places that offer only lodging and meals are also exempt, as long as they don't provide medical care. Additionally, any place offering just room and/or board without medical involvement is exempt unless residents need medical services. The definition of 'medical care' refers to services handled by health professionals or facilities like nursing care. Lastly, facilities defined under a different section (Section 1502) are also exempt.
Section § 1271
This law emphasizes the need for consistent training of state personnel who enforce rules about long-term health care facilities. It requires the state department to create ongoing orientation and in-service training programs. These programs should cover basic enforcement skills, patient rights, safety, and regulations for health facilities, alongside practical training. The law also mandates continuous education to ensure staff stays competent and applies regulations consistently across the state. Furthermore, a program review function is to be established to ensure that regulations and policies are being enforced uniformly and effectively throughout California.
Section § 1271.1
Health facilities in California can temporarily suspend up to half of their licensed beds for three years with proper notification to the state. They can't suspend all beds for basic or special services that require a special permit. If there's no local need for these beds, they can ask for an extension. If a need arises, they might have to reopen the beds or convert them permanently for other uses within a year. Facilities can reactivate suspended beds unless they don't meet current requirements. Temporary suspensions for construction or certified projects are not affected by this law. Facility bed reclassifications are allowed, but they can't eliminate all beds for a basic or special service during suspension.
Section § 1271.15
This law allows a health facility in California to temporarily stop using some or all of its licensed beds so that the space can be used as a mental health rehabilitation center. The facility must notify the State Department of Health Services and the Office of Statewide Health Planning and Development. During this time, the facility stays under the jurisdiction of the office, which will enforce relevant standards.
If the mental health center wants to return the beds to their original purpose, it just needs to request this change with the Department of Health Services. The department will generally approve this unless the facility doesn't meet current health facility standards.
The main goal of this regulation is to allow facilities flexibility to become mental health centers while keeping their licensing options open, provided they follow certain procedures.
Section § 1272
This law outlines the process and timeline for general acute care and acute psychiatric hospitals in California to apply for modifications, additions, or expansions of their services. When a hospital submits a written application, the department must evaluate and approve or deny it within 100 days. Upon approval, a regional office conducts further reviews, including possible onsite visits, within 30 business days. Any service expansion that is currently approved must be processed within 30 business days, unless the hospital violates existing laws. These expansions are licensed for up to 18 months unless further approved. The department is not required to inspect the service for approval but may do so anytime.
Furthermore, hospitals must comply with all relevant laws once they receive a license for service changes. A centralized applications advice program and an automated application system are also to be developed to help hospitals with paperwork and processing by the end of 2019.