Chapter 3.15Medical Foster Homes for Veterans
Section § 1568.21
This section provides definitions for terms used in the context of medical foster homes for veterans. 'Activities of daily living' refers to basic self-care tasks as defined in federal regulations. 'Care and supervision' involves assisting veterans with daily tasks to ensure their health and safety, including help with medications and money management. The 'Department' refers to the State Department of Social Services, which oversees these homes. A 'license' is the permit needed to operate such a home. A 'medical foster home caregiver' is the main person providing care, while a 'relief caregiver' temporarily assists when needed. A 'veteran resident' is a veteran living in a medical foster home as defined under federal regulations.
Section § 1568.22
This law section explains that starting July 1, 2024, California can set up a program for medical foster homes specifically for veterans.
These homes must follow federal regulations and state licensing standards. They need to cooperate with the department for oversight and evaluation, including providing information when asked.
The department is also responsible for developing criteria to assess the program's benefits for the veterans living in these homes.
Section § 1568.23
If you want to run a medical foster home for veterans in California, you need a special license. However, you can’t sell or transfer this license, as it has no value for resale.
These foster homes can’t be used for any other type of care facility, like those for the elderly, the chronically ill, or child care, on the same premises.
This law only concerns homes approved by the U.S. Department of Veterans Affairs. Residents and operators are treated as a family for legal and zoning purposes, meaning no special permits are needed for them, just like a regular family home.
Section § 1568.24
If you want to open a medical foster home for veterans in California, you need to apply for a license by showing you're capable of following the rules and regulations, are in good standing with veteran affairs, and have a clean record and good character. You must demonstrate you have the financial ability to maintain standards, disclose any previous roles in care facilities, and note any past disciplinary actions against you. If you don't provide all required information or make false statements, your application can be denied. The Department has 60 days to notify you of their decision after receiving all info; a fee of $88 is also required. If denied or if information is withheld, applicants can request a hearing or resubmit within 12 months. A prelicensure inspection is required before final approval.
Section § 1568.25
This law allows the department to suspend or revoke licenses for medical foster homes catering to veterans if certain rules are broken. These violations include breaking regulations, allowing others to do the same, endangering the health or safety of residents, offering services beyond what's permitted, or financial misconduct like embezzlement. If there's an urgent threat to residents' safety, the department can temporarily suspend a license even before a hearing. If the licensee challenges this, a hearing must happen fast—within 30 days of the notice. The temporary suspension lasts until the hearing ends and a decision is made, but it's canceled if the decision takes too long.
Section § 1568.255
Section § 1568.26
This law says that a license for a medical foster home for veterans is automatically lost if certain events occur. First, if the licensee sells or transfers the property. Second, if they voluntarily give up the license. Third, if they move the foster home to a different location, but there's a process to avoid full fees and applications for the new place. Fourth, if the licensee dies. Fifth, if they abandon the home and its residents, which is a serious offense, leading to a permanent ban from owning or managing similar facilities. Lastly, if the U.S. Department of Veterans Affairs revokes its approval of the home.
Section § 1568.27
This law requires medical foster homes for veterans to undergo regular, unannounced inspections to ensure they meet quality care standards. Inspectors from the department check if the homes provide the necessary care, maintain proper records, and adhere to health and safety regulations.
If a veteran needs more care than the facility can offer, an evaluation is conducted with input from the veteran, their physician, and the Veterans Affairs to decide on the appropriate care level.
The department must notify homes of any deficiencies, giving them a set time for correction, usually within 10 days. All inspection outcomes, including deficiencies and corrections, are available for public review. Inspectors have the right to enter homes at any time, with identification, to ensure compliance with the law.
Section § 1568.271
This law outlines how complaints about licensed medical foster homes for veterans are handled. If a complaint is received, the department first reviews it and will inspect the facility within 10 days unless it's meant to harass or has no basis. The complainant is informed of what will happen. After investigating, the department tells the complainant the outcome in writing within 10 days. Licensees can't retaliate against anyone involved in filing a complaint. The department can still take action for veterans' safety regardless of this process. Ombudsmen must report complaints to the department, and the department must share complaints with the Department of Veterans Affairs. If a complaint falls outside the department's area, it must be referred to the right agency.
Section § 1568.28
This California law section prohibits the operation of unlicensed medical foster homes for veterans. If such a home is found, the state may intervene to protect veteran residents, especially if there is an immediate threat to their safety. Homes that claim to offer care without a license must correct this or face penalties.
The law sets specific fines for unlicensed operation and for violations leading to resident harm or abuse, with higher fines for severe cases like death of a resident. Revenue from these penalties supports technical assistance programs.
Licensees can appeal penalties through a structured review process, including a possible appeal to an administrative law judge if needed. Civil penalties must be paid after all appeals, with late fees applied to delayed payments. Administrative actions can also be taken for license suspension or revocation if related violations occur.
Section § 1568.29
This law requires background checks, including fingerprinting, for certain people involved with medical foster homes for veterans in California. First, applicants, adults in the applicant's home, and others who interact with clients must undergo these checks. After a medical foster home is licensed, those involved must get a criminal record clearance or an exemption before they can work or reside there. Fingerprints are sent to the Department of Justice, except for current licensees and other specified people.
A reasonable fee may be charged for fingerprinting. The Department of Justice uses these fingerprints to perform criminal record checks. The department stores clearances and exemptions for at least three years to allow for transfers.
Certain members of a veterans' interdisciplinary home care team are exempt from these requirements. If a criminal record exemption is denied, the department can't prevent the person from working with veterans unless specific procedures are followed.
Section § 1568.295
This law allows the California Department of Social Services to prohibit certain people from working in or being present at medical foster homes for veterans. Reasons for exclusion include breaking laws or rules, endangering the residents' health or safety, committing financial wrongdoing, or having a criminal record. If someone is excluded, they are notified and may appeal. Immediate exclusion is possible to protect residents, and a hearing process follows. Excluded individuals who do not appeal, or whose appeals are unsuccessful, face lifelong bans on working in certain care roles unless they later seek reinstatement. If a licensee doesn't comply with exclusion orders, they may face discipline.
Section § 1568.296
This law section explains when a person cannot be involved with a medical foster home for veterans. If someone’s license or resource family approval was revoked or rescinded in the past two years, or if their application was denied in the past year, they are barred from these homes. The exclusion lasts for one year from when the denial or decision is official unless the disqualifying reasons have been corrected or no longer exist. A person can request a hearing to challenge the decision, but if they don’t, the exclusion still applies for a year. This exclusion doesn't count as a formal order of exclusion under other laws.
Section § 1568.30
Medical foster home caregivers and relief caregivers must give written proof to the department about any initial and ongoing training they complete as set by the U.S. Department of Veterans Affairs. They need to provide this documentation within 30 days after finishing each training session.
Additionally, they must show evidence of completing education requirements related to caring for veterans with chronic or complex health issues within the same 30-day timeframe. The department can also require caregivers to undergo more training if needed.
Section § 1568.40
This section explains that the department is responsible for creating rules to manage the licensing of medical foster homes for veterans. These rules are to be developed according to the procedures outlined in the Administrative Procedure Act. However, until those formal rules are established, the department can issue written directives to manage these homes, and these directives will be as effective as official regulations. Importantly, these written directives do not need to go through the usual rulemaking process of the Administrative Procedure Act.