87105 LICENSE REQUIRED
(a) Pursuant to Health and Safety Code, Section 1569.10, any individual or legal entity providing or intending to provide care and supervision to the elderly in a residential facility shall obtain a current valid license pursuant to the provisions of this chapter. This shall not require an adult residential facility to relocate a resident who becomes 60, nor to change licensing category, provided that the resident’s needs remain compatible with those of other residents, and the licensing agency has approved an exception request.
87106 OPERATION WITHOUT A LICENSE
(a) An unlicensed facility as defined in Section 87101(u)(2) is in violation of section 1569.10, 1569.44, and/or 1569.45 of the Health and Safety Code unless the facility is exempted from licensure under Section 87107(a).
(b) If the facility is alleged to be in violation of section 1569.10 and/or 1569.44 and/or 1569.45 of the Health and Safety Code, the licensing agency shall conduct a site visit and/or evaluation of the facility pursuant to Health and Safety Code section 1569.35.
(c) If the facility is operating without a license, the licensing agency shall issue a Notice of Operation in Violation of Law, and shall refer the case for criminal prosecution and/or civil proceedings.
(d) The licensing agency shall issue an immediate civil penalty pursuant to Section 87768, Unlicensed Facility Penalties and Health and Safety Code section 1569.485.
Health and Safety Code sections 1569.485(a) and (b) provides in part:
“(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 department an immediate civil penalty in the amount of one hundred dollars ($100) per resident each day of violation….
(b) The civil penalty… shall be doubled if an unlicensed facility is operated and the operator refuses to seek licensure or the operator seeks licensure and the licensure application is denied and the operator continues to operate the unlicensed facility….”
87107 EXEMPTION FROM LICENSURE
(a) The following shall be allowed to operate without being licensed as a residential care facility for the elderly:
(1) Any health facility, as defined by Health and Safety Code section 1250.
(2) Any clinic, as defined by Health and Safety Code section 1202.
(3) Any facility conducted by and for the adherents of any well-recognized church or religious denomination for the purpose of providing facilities for the care or treatment of the sick who depend on prayer or spiritual means for healing in the practice of the religion of such church or denomination. Such facilities shall be limited to those facilities or portions thereof which substitute prayer for medical/nursing services which would otherwise be provided for or required by residents in a health facility, as defined by section 1200 or 1250 of the Health and Safety Code.
(4) Any house, institution, hotel or other similar place that supplies board and room only, or room only, or board only, if no element of care and/or supervision, as defined by this chapter, is provided, made available, or contractually promised, such as in a life care agreement or program agreement with a facility. However, this shall not preclude care and/or supervision provided for brief and irregular periods of time for reasons such as temporary illnesses or emergencies provided that such is determined to be minor and temporary and does not require twenty-four (24) hours supervision of the resident(s).
(5) Recovery houses or other similar facilities providing group living arrangements for persons recovering from alcoholism or drug addiction where the facility provides no care and supervision.
(6) Any alcoholism recovery facility as defined by Health and Safety Code section 11834.02(a) relating to alcohol programs.
(7) Any care and supervision of persons by a family member. For purposes of this section “family member” means any spouse, by marriage or otherwise, child or stepchild, by natural birth or by adoption, parent, brother, sister, half-brother, half-sister, parent-in-law, brother-in law, sister-in-law, nephew, niece, aunt, uncle, first cousin, or any person denoted by the prefix “grand” or “great”, or the spouse of any of these persons, even if the marriage has been terminated by death or dissolution.
(8) Any arrangement for the care and supervision of a person or persons from only one family by a close friend who is not a licensee or current employee of a Residential Care Facility for the Elderly or of an Adult Residential Facility, and whose friendship pre-existed a provider/recipient relationship, and all of the following conditions are met:
(A) The care and supervision is provided in a home or residence chosen by the recipient, regardless of who owns the home or residence.
(B) The arrangement is not of a business nature, in that the provider does not represent himself or herself as being in the business of provision of care, and any compensation that may be paid to the provider is only for the value of the services rendered.
(C) The arrangement occurs and continues only as long as the needs for care and supervision of the recipient are being adequately met.
(9) Any housing project for elderly or disabled individuals that meets federal requirements as specified in Health and Safety Code section 1569.145(g).
87108 INTEGRAL FACILITIES
(a) Upon written application, the licensing agency may issue a single license to integral facilities conducting multiple, related programs which would otherwise require separate licenses provided all of the following requirements are met:
(1) Separate buildings or portions of the facility shall be integral components of a single program.
(2) All components of the program shall be managed by the same licensee.
(3) All components of the program shall be conducted at a single site.
87109 TRANSFERABILITY OF LICENSE
(a) The license shall not be transferable.
(b) The licensee shall notify the licensing agency and all residents receiving services, or their responsible persons, in writing as soon as possible and in all cases at least sixty (60) days prior to the effective date that any change in ownership of the facility occurs as required by Health and Safety Code section 1569.191(a)(1).
(c) In all other instances, including a change in licensee, type of license, or location of the facility, the licensee shall notify the licensing agency and all residents receiving services, or their responsible persons, in writing as soon as possible and in all cases at least thirty (30) days prior to the effective date of that change.
(d) In the case of change of ownership or licensee a new application for license shall be submitted by the prospective new licensee.
87111 CONTINUATION OF LICENSE UNDER EMERGENCY
CONDITIONS OR SALE OF PROPERTY
(a) The licensing agency may consent to a change of location and continuation of the existing license of any facility for a reasonable period of time when the change is requested because of the accidental destruction of the licensed premises or similar emergency conditions, so long as the new location or place of performance conforms to building, fire and life safety standards.
(b) In the event of a licensee’s death, an adult who has control of the property, and had been designated by the licensee as the party responsible to continue operation of the facility upon a licensee’s death shall:
(1) notify the Department by the next working day of the licensee’s death;
(2) inform the Department within 5 working days if the designee decides not to apply for licensure.
(A) If the designee decides not to apply, the Department will help the designee develop and implement a relocation plan for facility residents.
(c) The Department may permit a designee to continue operation of a previously licensed facility, and grant an Emergency Approval to Operate (EAO) to a facility for up to 60 days pending issuance or denial of a license, provided the following requirements of Health and Safety Code section
1569.193 are met:
(1) The designee notifies the Department during the next working day following the death of the licensee, that he/she will continue to operate the facility.
(2) A notarized designation of the adult, authorized by the licensee, to continue operation of the facility in the event of the licensee’s death, was filed by the licensee with the Department.
(A) The notarized statement was signed by the designee, and indicated acceptance of the designation.
(B) The notarized statement contains, or is accompanied by a declaration under penalty of perjury, regarding any criminal convictions of the designee.
(3) The designee is able to operate the facility to the satisfaction of the Department.
(4) The designee files an application for licensure, and provides a copy of the licensee’s death certificate, obituary notice, certification of death from the decedent’s mortuary, or a letter from the attending physician or coroner’s office verifying the death of the licensee, within 20 calendar days of the licensee’s death.
(5) The applicant who is issued an EAO shall perform all the duties, functions, and
responsibilities required of a licensee.
(A) Failure to comply with licensing laws and regulations under Section 87111(b) as
determined by the licensing agency, shall result in the denial of the application for
license. This denial shall also constitute termination of the EAO.
(B) The licensing agency shall provide written notification of the denial and this notice
shall be effective immediately upon receipt.
(d) The Department shall determine, within 60 days, after receipt of the completed application, whether
a license will be issued.
(e) Following receipt of a completed application, the designee shall not be considered to be operating
an unlicensed facility while the Department decides whether to grant the license.
(f) In the event of the sale and transfer of property and business, the applicant (buyer) shall be issued
an EAO if the applicant (buyer) complies with Health and Safety Code section 1569.191.
Health and Safety Code, section 1569.191 provides in part:
“(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 and transfer of property and business shall be subject to both of the following:
(1) The licensee shall provide written notice to the department and to each resident or his or her legal representative of the licensee’s intent to sell the facility at least 30 days prior to the transfer of property or business, or at the time that a bona fide offer is made, whichever period is longer.
(2) The licensee shall, prior to entering into an admission agreement, inform all residents, or their legal representatives, admitted to the facility after notification to the department, of the licensee’s intent to sell the property or business.
87112 CONDITIONS FOR FORFEITURE OF A LICENSE
(a) Conditions for forfeiture of a residential care facility for the elderly license shall be as specified in Health and Safety Code section 1569.19.
Health and Safety Code section 1569.19 provides in part:
“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 otherwise transfers the facility or facility property, except when change of ownership applies to transferring of stock when the facility is owned by a corporation, and when the transfer of stock does not constitute a majority change in ownership. The sale of a facility shall be subject to the requirements of this chapter.
(b) The licensee surrenders the license to the department.
(c) The licensee moves the facility from one location to another. The department shall develop regulations to ensure that the facilities are not charged a full licensing fee and do not have to complete the entire application process when applying for a license for the new location.
(d) The licensee is convicted of an offense specified in Section 220, 243.4, or 264.1, or paragraph
(1) of Section 273a, Section 273d, 288, or 289 of the Penal Code, or is convicted of another crime specified in subdivision (c) of Section 667.5 of the Penal Code.
(e) The licensee dies. When a licensee dies, the continued operation shall be subject to the requirements of Section 1569.193.
(f) The licensee abandons the facility.”
(1) “Licensee abandons the facility” shall mean either of the following:
(A) The licensee informs the licensing agency that the licensee no longer accepts responsibility for the facility, or
(B) The licensing agency is unable to determine the licensee’s whereabouts after the following:
1. The licensing agency requests information of the licensee’s whereabouts from
the facility’s staff if any staff can be contacted; and
87112 CONDITIONS FOR FORFEITURE OF A LICENSE
2. The licensing agency has made at least one (1) phone call per day, to the licensee’s last telephone number of record, for five (5) consecutive workdays with no response; and
3. The licensing agency has sent a certified letter, requesting the licensee to contact the licensing agency, to the licensee’s last mailing address of record with no response within seven (7) calendar days.
87113 POSTING OF LICENSE
The license shall be posted in a prominent location in the licensed facility accessible to public view.
87114 APPLICANT OR LICENSEE MAILING ADDRESS
The applicant or licensee shall file his/her mailing address, in writing, with the licensing agency and shall
notify the agency, in writing, of any change within 10 calendar days.
(a) Any adult shall be permitted to apply for a license regardless of age, sex, race, religion, color, political affiliation, national origin, disability, marital status, actual or perceived sexual orientation, or ancestry.
(b) All licensed facilities shall receive persons on a nondiscriminatory basis according equal treatment and services without regard to race, color, religion, national origin, actual or perceived sexual orientation or ancestry.
(c) An exception shall be made in the case of any bona fide nonprofit religious, fraternal or charitable organization which can demonstrate to the satisfaction of the Department or the licensing agency that its primary or substantial purpose is not to evade this section.
(1) It may establish reception policies limiting or giving preference to its own members or adherents, provided, however, such membership is nondiscriminatory and such policies shall not be construed as a violation of this section.
(2) Any reception of nonmembers or nonadherent shall be subject to the requirements of this section.