Residential Care Facilities for the ElderlyLicensing
Section § 1569.10
Section § 1569.11
This law states that the department is responsible for inspecting and licensing residential care facilities for elderly people. It also clarifies that these licenses cannot be transferred to another person or facility.
Section § 1569.12
The department can offer advice to elderly care homes when asked to help identify and fix problems and improve their quality of care.
Section § 1569.13
This law allows certain public agencies like state or county departments to take on responsibilities for licensing, approving, or consulting on various services under the department's guidance. These agencies must follow specific rules and standards set by the department. The department will cover the actual costs of these services, provided they don’t exceed actual expenses. If a federal grant is available, it should be used to cover costs before state funds are used.
The department can also make deals with counties to manage the licensing and regulation of small residential care facilities for elderly people (those with six or fewer residents). Before such agreements, the department must create consistent standards outlining each party's duties. Counties will also be reimbursed for their actual costs, adhering to established guidelines and standards.
Section § 1569.14
This law states that licenses issued under this chapter cannot be treated as property that can be sold or traded. Essentially, it means you can't sell or exchange your license for business or personal gain.
Section § 1569.15
If you're applying for a license to run a residential care facility for the elderly, you must submit an application with various pieces of evidence and information. This includes proving your ability to meet legal requirements, showing you have a good character through things like a criminal record check and references, and disclosing financial resources. You also need to detail any past involvement in similar facilities, any disciplinary actions, and certain organizational details, like if another person or company controls your facility. Regular updates to the department are required if there are changes. An application can be denied or revoked if you don't cooperate, omit information, or make false statements.
Section § 1569.16
This law explains when the California Department of Health Services will stop reviewing applications for certain licenses and permits related to residential care facilities and foster family agencies. If an applicant's previous license was revoked within the last two years, or if they were excluded from a facility, the review process stops until certain conditions are met. If an application was recently denied, review is paused for a year. This pause isn't considered a rejection, and if one co-applicant is the issue, others can continue. Also, the department can revisit an application if the issues leading to a previous denial are resolved.
Section § 1569.17
This law ensures individuals wanting to work in or operate residential care facilities for the elderly in California must pass a criminal background check. The goal is to protect the residents' health and safety by requiring fingerprinting and checking criminal records for anyone who might be in contact with clients. If someone has a criminal record, the Department of Social Services will decide on their eligibility and can grant exemptions in specific cases. Certain volunteers and professionals, like licensed medical workers, may be exempt from these requirements. The law also states that if a licensee is informed of an employee's unsuitable criminal background, they must let them go without facing legal or financial penalties.
The Department of Social Services can share criminal background results with applicants who ask for it in writing. Fingerprint records must be current and facilities can transfer clearances when workers move between licensed facilities.
Section § 1569.19
This law states that a facility's license will automatically be lost before it officially expires if certain events happen. The license is forfeited if the facility is sold or transferred to another owner, unless it's just a stock transfer within a corporation that doesn't change the majority owner. If the licensee gives up the license or moves the facility to a new location without following the proper process, the license is lost. If the licensee is convicted of certain serious crimes, or passes away, the license is forfeited. If the facility is abandoned in a way that threatens the health and safety of residents, the licensee loses the license and can't apply for a new one.
Section § 1569.20
When someone applies for an initial license, the department has five working days to check if the application is complete. If it's complete, they'll request a fire clearance and set up a time to inspect before licensing. If the facility is already licensed and hasn't changed much, the inspection might not be needed. If the application isn't complete, they'll ask for more info. Once the application is complete, they have 60 days to decide if it's compliant and either issue the license or inform about any deficiencies. They'll also specify if the issues are serious enough to deny the application or if fixing them might lead to approval.
Section § 1569.21
The director can give provisional licenses to elderly care homes if they largely meet rules and no safety risks exist. Safety checks include fire and criminal record clearances. The provisional license lasts six months and cannot be renewed, but can be extended by another six months if needed due to unavoidable delays, as long as all other license requirements are met.
Section § 1569.22
If your application for a license is rejected, the department will let you know in writing. You have 15 days to ask for a hearing in writing. Once your request is received, a hearing will be scheduled following specific government procedures.
Section § 1569.23
To get a license to operate a residential care facility for the elderly in California, applicants must complete a department-approved certification program. This involves 80 hours of coursework—60 hours in person—and passing a state test with at least 100 questions.
The coursework covers a range of topics like laws affecting care facilities, business operations, staff management, and the needs of elderly residents. It also includes subjects like medication management, Alzheimer's care, and residents' rights.
Applicants must also pay a $100 fee to obtain a certificate of completion. If you're already licensed for another similar facility, some requirements might be waived.
This law applies to specific individuals in charge of facilities and became effective on January 1, 2016.
Section § 1569.24
This law requires that within 90 days of a facility accepting its first resident, the state must inspect it to ensure it follows all rules and regulations. The facility must notify the state within five business days after accepting its first resident. If any issues are found, the state can take action to fix them.
Section § 1569.145
This section outlines which types of facilities and arrangements are not subject to the regulations of this chapter. It doesn't apply to certain health facilities, clinics, and religious facilities providing care through spiritual means. Also exempt are certain housing arrangements for the elderly, recovery houses for addiction, and family or friend-based care setups, as long as they don't involve business dealings or formal care duties.
Low-income or elderly housing with optional supportive services is exempt if the owner doesn't directly handle these services. Additionally, certain definitions apply to family members, and conservators must still meet licensing requirements unless exempted by other terms.
Section § 1569.147
This law makes it clear that there are no rent controls or regulations that apply to licensed residential care facilities for the elderly. The state or any local government cannot impose any kind of rent limitations on these facilities.
Section § 1569.149
If you're planning to apply for a license, you'll be informed that you need to get approval for fire safety from your local fire authority or the State Fire Marshal, depending on who handles fire protection in your area, before the license can be granted. You'll also be informed about the necessary process for applying for a fire safety clearance, which must follow state and local fire regulations.
Section § 1569.150
This law outlines the process for obtaining a license to operate a residential care facility for the elderly in California. If an applicant already has a license for a similar facility elsewhere, their new application should be reviewed and decided upon within 60 days. They must indicate their existing license in the application.
The department must quickly request a fire safety clearance, while the applicant handles criminal record checks. If a final decision isn’t made within 60 days, a provisional license might be issued for up to six months, assuming no safety risks, and all clearances are complete. Extensions may be granted if delays are beyond the applicant’s control. If the department can’t provide a provisional license, they must explain why (like missing clearances or application parts) within 60 days.
The law also mandates creating expedited procedures and an appeal process for application delays or denials, effective from January 1993.
Section § 1569.151
This law requires the department to review an application from someone wanting to run a residential care facility for the elderly, especially if they also plan to sell life care contracts. The review ensures the applicant can meet all the necessary requirements. If everything checks out, the department gives a preliminary thumbs up so the applicant can pursue selling life care contracts, but this does not mean a final license is guaranteed.
Section § 1569.152
This law requires residential care facilities for the elderly to make reasonable efforts to protect residents' property. If they fail to do so and a resident's property is stolen or lost, they must reimburse or replace it at its current value. The facility can show they've met requirements by providing clear evidence outlined in another section, but this can be challenged in court.
Additionally, if a facility lacks a proper program to protect resident property or can't prove it's met the necessary standards, they may face a civil penalty from the State Department of Social Services, which can issue a deficiency notice. However, the department won't consider occasional theft or loss as evidence of an inadequate program.
Section § 1569.153
Residential care facilities for the elderly must have a theft and loss prevention program in place and ready within 90 days after January 1, 1989. This program requires the posting of the facility's theft policy and procedures, staff training on these rules, and detailed documentation of any lost or stolen items valued over $25.
This documentation should be made available to authorities upon request and must include details like item description and value. An inventory of each resident's property must be kept, updated in ink, witnessed, and provided to the resident or their representative.
If a resident leaves or dies, their possessions must be inventoried and handed over with a signed receipt. Facilities also need to make regular efforts to prevent theft, such as marking personal items for identification and notifying local law enforcement if items worth $100 or more are believed stolen.
Facilities must offer secure storage for residents’ items and notify all new and current residents about the theft prevention program. Units that can be locked by residents without unrelated roommates are exempt from these requirements.
Section § 1569.154
This law states that any contract or documents that a resident or their representative must sign when entering a residential care facility for the elderly cannot suggest reducing the responsibility for taking care of the resident's personal property below what the law requires.
Section § 1569.155
When a residential care facility for the elderly in California first gets licensed, the department gives them printed copies of all the rules they need to follow, and this is free of charge. However, after that, the facility must sign up for a service to keep up-to-date with any changes in these rules.
Section § 1569.156
This law requires residential care facilities for the elderly to follow certain rules regarding advance directives. Firstly, they must not discriminate against residents based on whether they have an advance directive, which is a document that outlines a person's preferences for medical treatment. The staff should be educated about advance directives and related issues. Additionally, upon a resident's admission, the facility must give them written information about their healthcare decision rights, including their ability to accept or refuse treatment and make advance directives. The facility also needs to inform residents about its policies on implementing these rights.
Section § 1569.157
In California, licensed residential care facilities for the elderly must help establish a resident council if requested by at least two residents. These councils, composed of facility residents, can invite family members, advocates, and staff to participate. The council can suggest improvements in care and residents' rights, and any facility must respond in writing to concerns within 14 days.
Residents can meet independently, and council members are informed about their right to talk during inspections. Facilities must inform new residents about councils and provide support, including staff liaisons and meeting spaces for bigger facilities. A facility cannot interfere with councils or retaliate against members.
Information about residents' rights to form councils must be visibly posted. Violating these rules results in a $250 daily fine until corrections are verified.
Section § 1569.158
This law ensures that residential care facilities for the elderly allow family councils to exist. Family councils are groups where family members or representatives of residents can meet privately, without facility staff. The facility must offer meeting space and allow the council to meet virtually or offsite. Participants can meet with people from outside the facility, like nonprofit or government workers, during nonworking hours.
Facilities must let families know if a council exists and provide contact information. If there's no council, residents' families should be informed they can start one. The facility must not interfere with council activities, and they must provide requested info if the resident consents.
Faculties with 16 or more residents need a staff member to support the council. Violating these rules means civil penalties for the facility, and such violations are considered breaches of residents' rights.
Section § 1569.159
The State Department of Social Services must provide a specific form to residential care facilities for the elderly. This form informs residents that they can get special telecommunications services and equipment from their phone company if they have hearing, speech, or other disabilities. To qualify, they need a declaration from a licensed professional or government agency. Residents should contact their local phone company for help. The law does not require the facility to provide an individual phone line for any resident.
Section § 1569.171
Before someone can receive a certificate for completing the administrator certification program, the department must check their criminal record with law enforcement to see if they've committed any crimes (not counting minor traffic violations). Depending on what the criminal record shows, the department will decide on the right action to take, as outlined in another law section.
Section § 1569.172
This law allows the Department of Justice to charge a fee to cover the costs of providing criminal record information to meet a 14-day deadline.
Section § 1569.175
This law requires residential care facilities for the elderly that house six or fewer people and are owned by someone who doesn't live there to have a system in place for immediately addressing complaints and incidents. This system must ensure that the owner, licensee, or a designated person is notified about issues, investigates them, and tells the complainer what action was taken or why none is needed.
The law also mandates that these facilities have a set time each week when the owner or designated person is present so residents can voice concerns directly. Facilities must comply with these rules by July 1, 1987.
Section § 1569.185
This law requires residential care facilities for the elderly to pay an initial application fee and an annual fee based on the facility's capacity. The fees fund department activities related to licensing and oversight. Additional fees apply for moving locations, board changes, capacity adjustments, orientation sessions, probation, late payments, and corrections. Facilities serving six or fewer people can't be charged local business fees. Collected fees are used to ensure the safety and compliance of these facilities, and any fee adjustments should match the actual costs. License application or retention requires all fees to be paid on time, or the facility risks losing its license.
Application
Section § 1569.191
This law outlines the rules for selling a licensed facility in California where a new license will be issued due to the sale. The current licensee must inform both the Department of Social Services and the residents (or their legal representatives) about the intent to sell at least 30 days before the transfer or when a genuine offer is made, whichever is longer. New admissions must also be informed of the pending sale. The buyer can't take over the facility until they are licensed, and they must apply for the license soon after the offer is accepted. The Department prioritizes these applications to ensure a timely transfer.
If all rules are followed, the buyer won't be penalized for operating without a license while waiting on application approval. Some specific types of facilities are exempt from these requirements.
Section § 1569.193
If someone operating a licensed facility dies, an adult relative or another adult can take over temporarily under specific conditions. First, the original operator must have filed a notarized statement naming this person as a responsible party. The designee must also submit their acceptance and declare any criminal history under penalty of perjury. Within 20 working days, the designee must apply for a new license and show proof of the original operator's death.
If the designee doesn't want to take over the facility, they must tell the department within five working days. The department will then help with relocating residents. If they do decide to apply, the department has 60 days to decide if they'll give a provisional license. During this decision period, the facility is not considered unlicensed.
Section § 1569.194
This law requires elderly residential care facilities in California to share their disaster and mass casualty plans with local fire departments, law enforcement, and other disaster authorities when requested. However, the department is not required to check if these facilities are complying with this rule as part of their regular monitoring duties.
Section § 1569.235
To get a license for running a residential care facility for the elderly, the applicant must attend an orientation session organized by the department. This session explains the rules, regulations, and responsibilities involved in operating such a facility.
Section § 1569.1515
This law outlines requirements for corporate applicants wanting to obtain a license from the department. It mandates that they disclose any facilities associated with their board members or executives.
The department will not grant a license if any board members or executives are ineligible according to certain sections. Licenses can also be revoked if ineligible people hold these positions.
If someone is found ineligible, the corporation is notified and given 15 days to remove the person from the position before any actions are taken.