This law mandates that all home health agencies in California must be licensed to ensure public health and safety. Any organization offering skilled nursing services at home must get a license from the relevant department. The department is responsible for setting high-quality standards for these agencies and ensuring no unlicensed entities provide skilled nursing services unless specified otherwise in another section. Additionally, the department must train its field staff on how to document, report, and investigate incidents where unlicensed facilities are providing these services, to maintain consistency statewide.

This law in California states that no organization can provide or advertise skilled nursing services at home without a home health agency license. This includes private businesses, government agencies, and partnerships. Organizations must not use terms like 'home health agency' or 'skilled nursing' in their names or advertisements unless they are licensed. However, employment agencies and nurse registries performing their specified roles do not need this license unless they act like a home health agency. Hospices don't need this license either, but must still follow advertising rules if unlicensed.

This law outlines what a "home health agency" is and what services it can provide. A home health agency can be any organization that offers skilled nursing services to people at home. Skilled nursing services are tasks done by registered or licensed nurses.

A "Home Health Aide" is a trained assistant working for a home health agency or hospice to help patients at home. These aides provide personal care services under a doctor's plan. They must be certified by the state, but people without certification can provide non-personal care that isn't part of a doctor's plan. Some services, particularly those under a different set of regulations (mentioned with specific law), are not included in these home health aide services.

This law section states that a licensed home health agency can directly offer, or coordinate, different types of therapeutic services to people at their homes. These services can include physical, speech, or occupational therapy, as well as medical social services and home health aide services.

This law requires home health agencies to follow certain guidelines to ensure quality patient care. They must have a treatment plan for patients receiving skilled nursing services and keep clinical records for all patients. Supervision of both licensed and unlicensed staff must be provided by a registered nurse or qualified therapist. Annual policy reviews regarding patient care and medical devices need to be conducted by a team of medical professionals, including a physician, nurse, and pharmacist. The agency must comply with all relevant laws and standards set by the government.

This law emphasizes the importance of home health care, highlighting its role in reducing the need for institutionalization. It mentions the necessity for emergency regulations to update licensing standards to align with current practices, technological advances, and healthcare reforms. These regulations should be implemented immediately to address growing home care demands and managed care program changes.

The law requires the director to revise and adopt these emergency regulations by a specific deadline, considering them crucial for public health and safety. The Legislature intends for the regulation process to remain open to stakeholder input and ensure the current scope of practice for nurses is maintained without reducing care quality.

If you want to start, run, or maintain a home health agency in California, you need to apply for a license. This applies not only to individuals but also to organizations and government bodies. You'll need to fill out a special application form provided by the state department, making sure to include all necessary information they require to ensure the law is followed properly.

To get a license for a home health agency, there are specific requirements. Applicants must be of good character and show they can follow relevant laws and rules. They must also submit an application and have a criminal background check, including fingerprinting, with any costs paid by them. If the check finds past crimes that suggest they can't safely run the agency, the license will be denied unless they prove they've been rehabilitated.

Applicants and certain others must report any recent or current criminal activity and prior issues with government agencies. Making false statements can lead to denial or revocation of a license or exemption.

When a home health agency in California is first applying for a license, it initially receives a provisional license, which lasts for six months. Before this provisional license ends, the agency undergoes a complete inspection. If it meets all the licensing requirements, it will be granted a regular license. If the agency hasn't quite met the requirements but has made significant progress, the provisional license gets extended for another six months. However, if there hasn't been enough progress or compliance isn't met after the second inspection, the agency won't receive any further license. If a provisional license is denied, the applicant can request a hearing to challenge the decision. The criteria for provisional and permanent licenses are the same, meaning there shouldn't be any leniency shown during provisional licensing.

This section explains that the state department can issue a temporary, or provisional, license to a home health agency. To qualify, the agency and its applicants must mostly meet the necessary standards and have no serious violations that endanger patient health or safety. They must also have a good plan to fix any violations. This provisional license lasts up to six months and isn’t renewable. The criteria for granting this temporary license are just as strict as for a permanent one.

This law outlines the licensing process for home health agencies in California. To get a license, the agency must be accredited by a body approved by federal organizations like Medicare and Medicaid, submit an application with the required fees, and meet any state-specific licensure requirements that are stricter than the national standards.

The state department can also survey these accredited agencies to ensure they meet accreditation requirements or to investigate complaints about serious noncompliance. The department maintains full authority to enforce standards and manage enforcement actions against these agencies, similar to those for non-accredited agencies.

This law aims to ensure that home health agencies in California can get their licenses and certifications quickly and effectively, so they can provide essential services to people in their homes instead of in institutions. It requires the state department to process applications and conduct necessary inspections within 90 days of receiving a complete application. If an agency wants to be reimbursed by Medicare or Medi-Cal, an additional 90 days is given after a readiness notice from the agency for certification survey completion. Results must then be sent to federal centers within 30 days after certification. If the state cannot meet these deadlines, they must notify the agency of the delay in writing. This helps comply with a Supreme Court decision that services for individuals with disabilities should be provided in the most integrated setting. These rules apply to all licensing and certification providers, even counties that assist the state, and were operative from July 1, 2008.

Anyone applying for a license under this chapter, except for state entities, must pay a fee. This fee is required for both the main office and any branch offices of the agency. The amount is determined by another section of the code. During the 2008-09 fiscal year, the department worked with industry groups to make these fees fair while keeping the budget balanced.

This law outlines the renewal process for licenses issued under this chapter. Licenses last for 12 months, and to renew, a renewal application and fee must be filed with the state at least 30 days before expiration. If not renewed on time, the license will expire.

The state department will send a renewal application at least 45 days prior to the license expiring. To renew, submit the application and pay the fee as stated in the rules. When the renewal fee is paid, the license is considered renewed from its expiration date. The department sends out the new license within 30 days of receiving the fee, ensuring the provider remains in compliance.

If you're running a home health agency in California, you need to get a license to operate. This law states that after September 30, 1966, no one, whether a private person or organization, can continue running a home health agency without a license. Hospitals can be approved by the state department instead of getting a separate license.

This law explains that to get a license for a home health agency, you need to apply, follow all the rules, and pay a fee. Although hospitals don't need a separate license, they must be approved by the state department to run a home health agency, and this approval acts like a license but must be renewed yearly by December 31st. If a hospital's agency doesn't meet the rules, approval can be denied or revoked just like for other licensed home health agencies.

This law requires that all home health agencies with a state-issued license must be inspected by a state representative at least once a year. This does not apply to facilities that are part of the federal Medicare or Medicaid programs. The purpose of these inspections is to ensure that the agency is complying with state rules and regulations and providing high-quality care as directed by the patient's physician. The state department organizes these inspections and uses standardized forms to report findings.

The state department has the authority to create, change, or cancel rules to ensure home health agencies in California operate safely and ethically. These rules can include banning certain harmful activities.

In developing these rules, the department must seek input from medical professionals and representatives from various health agencies. Additionally, the department must follow specific government procedures set out in another legal code.

Furthermore, the department must establish specific rules concerning how home health agencies handle medical devices that require a prescription, ensuring proper purchase, storage, and transportation.

This section allows the department to give certain exemptions to organizations in the PACE program, which helps with healthcare for older adults, from specific requirements. These exemptions are based on another law's requirements. However, if a specific part of another law takes effect, this section will become inactive and will be repealed the following January 1st.

The state department has the authority to deny, suspend, or revoke a license if the license holder breaks specific laws. This can happen if the licensee breaks the rules of this chapter, helps or allows illegal actions, or lies on their license application.

This law explains how the state handles the denial, suspension, or revocation of licenses. Any decisions to deny or withdraw approval must follow a specific procedure outlined in another section. Even if a license expires, is forfeited, canceled, or surrendered, the state department can still pursue disciplinary actions against the license holder.

This means that once a license is under scrutiny, the process can continue no matter the license's current status, ensuring accountability and enforcement of regulations.

To become a certified home health aide in California, applicants must complete a 75-hour training program or pass a competency evaluation and clear a criminal background check. By July 1, 2019, applicants need to provide either a taxpayer ID or social security number when applying for or renewing certification. These numbers serve for identification and compliance with specific federal and state regulations but can't be used to check citizenship or immigration status, nor can certification be denied based on this status. Violations of this law can result in misdemeanor charges, including fines or jail time.

This law outlines the renewal process for certified home health aides in California. Certificates must be renewed every two years, and they expire on the certificate holder's birthday. To renew, applications must be submitted before the expiration date. The department will notify aides 90 days before renewal is due, but it's the aide's responsibility to renew even if they don't receive the notice. If a certificate expires, it can still be renewed within four years, provided an application is submitted with a valid reason for the delay.

However, if four years pass without renewal, the certificate can't be reinstated without completing a certification training program and passing an exam. Changes in address must be reported within 60 days. Aides certified as both nurse assistants and home health aides will renew their certificates simultaneously with one application.

This law requires the state department to investigate any complaints about misconduct by certified home health aides and allows them to take disciplinary action.

The department must keep a registry showing the certification status of all home health aides, including any disciplinary actions, whether pending or completed.

Home health agencies and hospice providers must check this registry before hiring home health aides or letting them work directly with patients, if they were hired after July 1, 1997.

This law is about managing certifications for home health aides. If someone seeking certification, or already holding a certificate, has been convicted of specific crimes listed in the Penal Code, their application or certificate can be denied, suspended, or revoked. Exceptions exist if the person has been rehabilitated or certain legal dismissals have occurred.

If convicted of similar offenses in another state, comparable evidence of rehabilitation must be shown to maintain certification. The law also allows the department to deny or revoke certification for unprofessional conduct, related convictions, substance abuse, or fraud, among other reasons, but evaluates rehabilitation and character when making decisions. The law outlines the process for suspensions, including possible probation and diversion agreements, and explains that any convictions, including plea deals, are considered grounds for action.

Applicants and certificate holders can request an administrative hearing if their certification is denied or affected, and the department should act promptly on these hearings. The law permits immediate suspension of a certificate if public welfare is at risk. Once suspension ends, the certificate holder can return to work unless they worked illegally during the suspension. Employers must be notified of certification actions, but are protected from liability if they follow the state's employment decisions based on this law.

This California law mandates that home health aides must undergo a criminal record check by submitting their fingerprints to the Department of Justice. The process includes deadlines to ensure efficiency and compliance. A clearance letter will be issued to facilities once certain criteria are met, preventing firsthand interaction with residents until clearance is obtained. Applicants must cover the costs of fingerprinting and may need to provide evidence of rehabilitation if convicted of a crime. The statute also requires applicants to disclose past convictions or arrests and penalizes false statements. If the department fails to maintain required standards for processing records, temporary changes to clearance procedures can be issued, and the department may provide individuals with their criminal records upon request if clearance is denied.

This legal section authorizes the state department to request and keep employment information about home health aides. Additionally, if the department receives a criminal record from the Department of Justice, it must inform the concerned licensee and applicant about any criminal convictions within five working days. The department is also tasked with studying the feasibility of adding employment information to its registry and sharing this information with potential employers. They had to report their findings to the Legislature by July 1, 2000, regarding the required technology updates.

If your license has been revoked under this chapter, you have the option to get it reinstated by following the rules in a specific section of the Government Code.

If you have a license and want to give it up, you can ask the state department to suspend or cancel it. If you later decide you want it back, you can apply for reinstatement by meeting certain requirements outlined in Section 1728.

This law states that certain home health agencies are not subject to this chapter's regulations. Specifically, it exempts agencies run by religious groups that use spiritual healing methods, and those operated as part of a Program of All-Inclusive Care for the Elderly (PACE) that serve only PACE participants.

PACE agencies can provide services to people assessing eligibility for up to 60 days during their application process. If these agencies provide services outside their PACE scope, they must apply for a separate license from the State Department of Public Health within 60 days of being notified. These rules only apply if the State Department of Health Care Services first ensures compliance with certain operational standards and communicates this in writing.

If you break any rules or regulations in this chapter, you're committing a misdemeanor. If you’re found guilty, you could face a fine up to $1,000, spend up to 180 days in county jail, or both.

This law allows the director to request the court to stop someone from violating or planning to violate a specific law (Section 1726). The request can be made in the county's superior court where the violation took place or is expected. Normally, when asking for a court order to stop something, you have to prove there's no other solution, and harm would occur if it's not stopped. But in this case, the director doesn't need to prove these things.

This law allows any officer, employee, or agent of the state department to enter and inspect the buildings, premises, records, or files of a license holder at any reasonable time. The purpose is to ensure compliance with the chapter's provisions or to prevent any violations.

If the state department or its representative asks, it's the job of the district attorney in each county to start and handle cases for any breaches of this specific chapter's rules within their county.