California Administrative Code

(a) The caregiver shall maintain and comply with all caregiver standards. (b) No caregiver shall make or disseminate any false or misleading statement associated with the application for licensure or approval, including, but not limited to, information regarding the applicant, fa…

(a) A license is required before placement, but the license does not entitle the caregiver to placement of a “child” pursuant to Welfare and Institutions Code section 16507.5, subsection (b).

(a) Before accepting a “child”who is non-ambulatory, or deciding to continue to provide services to a “child” determined after placement to be non-ambulatory, the caregiver shall notify the licensing agency so that a fire clearance, approved by the local fire authority having jur…

(a) The licensing agency shall have the authority to require any caregiver to provide additional help whenever the agency determines that additional help is required to provide necessary services to children. (1) The following factors shall be used in determining the need for add…

(a) At the time of placement for each “child,” the caregiver shall request the Health and Education Passport for a “child” and a written plan identifying the specific needs and services of the “child” from the placement worker if they are not immediately provided. (b) If the care…

(a) Areas in the home that include, but are not limited to, bedrooms, bathrooms, toilets, dining areas, passageways, and recreational spaces used by a “child with special health care needs” shall be large enough to accommodate any medical equipment that a “child” needs. (1) A bed…

(a) In addition to Chapters 1, 2, 6, 6.1 and 11 for adult residential community care facilities and Chapter 8 for Residential Care Facilities for the Elderly, except where specifically exempted, adult residential community care facilities and Residential Care Facilities for the E…

For the purposes of this chapter, the following definitions shall apply: (a) (Reserved) (b) (Reserved) (c)(1) “Capital Improvement” means an expenditure to improve a fixed asset. (d) (Reserved) (e)(1) “Entity” means a corporation, limited liability company, partnership, limited p…

(a) Once the Department has determined a need to appoint a temporary manager pursuant to Section 89600, the Department shall issue a notice to all temporary manager candidates on the list. The notice shall include the name of the facility, its location, the current occupancy of t…

(a) The Department shall notify the licensee in writing, that pursuant to Health and Safety Code section 1546.1(j)(1) or 1569.481(j)(1), he or she may be responsible for the costs of the temporary manager and any other expenses in connection with the temporary management. Upon ag…

(a) The Department shall determine whether the temporary manager applicant is qualified based on his or her education and experience. An applicant who wishes to be qualified or appointed as a temporary manager shall at a minimum meet the following requirements: (1) The individual…

(a) An Enhanced Behavioral Supports Home is governed by the provisions of this chapter and Chapter 1. Chapter 5 shall also apply to an Enhanced Behavioral Supports Home that is licensed as a Group Home. Chapter 6 shall also apply to an Enhanced Behavioral Supports Home that is li…

“Days” means calendar days unless otherwise specified.

(a) The Office shall designate health facility planning areas to be used by area agencies for the planning and review of facilities, services, and equipment. (b) In designating health facility planning areas, the Office shall consider at least the following factors: (1) Size and …

(a) When concurrently considering similar applications for certificates of need to serve substantially the same geographic area and population, the Office shall approve only the application or applications which most appropriately meet the needs of the area and population to be s…

The provisions of this chapter shall apply to nonprofit hospitals exercising the right of eminent domain under Title 7 of the Code of Civil Procedure and Section 1260 of the Health and Safety Code.

(a) Pursuant to the provisions of Section 1260 of the Health and Safety Code, the right of eminent domain exercised by a newly formed nonprofit hospital applying to condemn property for the initial establishment of the facility shall be initiated by filing with the Department an …

“Construction costs” means the cost of installation of automatic sprinkler systems or detectors responding to invisible products of combustion other than heat in accordance with the standards and regulations of the State Fire Marshal. Also included in such costs are architectural…

“Department” means the Office of Statewide Health Planning and Development.

“Project property” means the real property upon which the facility is located and upon which construction improvements are made.

“Advisory loan committee” means that committee appointed by the Director to advise the Office regarding the borrower's financial capability to service the loan.

“Health Facility Construction Loan Insurance Law” means Section 436, et seq., of the Health and Safety Code and Section 32127.2 of the Health and Safety Code.

(a) At the time the loan is closed or at the initial loan closing if the loan is in stages, the borrower shall furnish to the Office the opinion of legal counsel with respect to the following: (1) The borrower's legal interest in the property. (2) The borrower's authority to fina…

(a) The closing of the loan shall take place at such time and place as agreed upon by all parties consistent with the completion of all necessary document reviews and financial arrangements. (b) Actions taken at the closing shall constitute a single transaction and all documents …

(a) (Reserved) (b) Construction contract awards shall be made to the lowest responsible bidder, based upon competitive lump sum bids for the entire project, or bidding in increments as approved by the Office. (c) Details of the method of bidding and contracting shall be submitted…

The plan used to obtain prior informed consent from patients to be treated by trainees or those legally able to give informed consent for the patients shall be described. It shall include, but not be limited to the following: (a) A description of the content of the informed conse…

A plan to provide information to program staff regarding trainees in the employment/utilization phase shall be described. It shall include, but not be limited to the following: (a) Name, work address and telephone number of the trainee. (b) Name, work address and telephone number…

Sponsors and other participants are advised to ascertain the legal liability they assume when participating in a pilot project.

(a) Continuing approval shall be contingent upon review of written information submitted by the project of the project's progress in meeting stated objectives and its compliance with plans described in the approval or amended application. (b) Approval may be granted for periods o…

(a) Statements by employees. (1) Every employee who, in the course of his or her employment by an employer, receives in any calendar month cash tips of twenty dollars ($20) or more shall report all such tips in one or more written statements furnished to his or her employer on or…

(a) Health facilities shall report to the Office as follows: (1) Health facilities shall prepare annual disclosure reports required by subsections (a) through (e) of Section 128735, Health & Safety Code, in a standard electronic format as approved by the Office pursuant to subsec…

A pilot project may be terminated during the term of approval in the following way: (a) In the event of a general or non-critical failure to comply with the program's statute, regulations or conditions of the approved application, a written notice of intent to terminate, stating …

(a) The following definitions apply to terms used in Section 930.5 of the code: (1) “Acquiring employer” means an employing unit which qualifies as an employer as defined in Article 3 (commencing with Section 675) of Chapter 3 of Part 1 of Division 1 of the code under any of the …

CROSS-REFERENCE: For circumstances under which cash remuneration for service not in the course of the employer's trade or business is “wages,” see Section 640-1 of these regulations.

For the purposes of this chapter, the following definitions apply: (a) “Director” means the Director of the Department of Health Care Access and Information, as described in Health and Safety Code section 127005. (b) “Department” means the Department of Health Care Access and Inf…

(a) Each hospital must designate a primary contact person for the purpose of receiving compliance and informational communications and to submit the required reporting. (b) A primary contact person must register on the Department's website using the online report submission porta…

(a) For fiscal year-end occurring on or after January 31, 2025, and all subsequent reporting periods, each hospital shall annually submit its plan as described in sections 95102 through 95103 to the Department no later than 150 days after the hospital's fiscal year-end date. (b) …

(a) If a settlement is reached between the parties prior to the hearing, the Department shall notify the Hearing Officer and no hearing shall be held.

(a) When a plan required by Health and Safety Code section 127350 is filed after the due date specified in section 95104, the Department will notify the hospital of the accrued fine. The notice shall be provided by email to the authorized individual identified by the hospital und…

(a) Hearing requests and other communications, including requests for consolidation, questions about the hearing schedule or process, and all documents and proposed exhibits, shall be addressed to the Hearing Officer either by mail or by email as follows: (1) Mail shall be sent t…

(a) The hospital and the Department will be notified of the hearing date and time at least 30 calendar days in advance. (b) The hospital and the Department shall provide copies of all proposed exhibits to the Hearing Officer and to the other party no later than 10 calendar days p…

Each licensee of a health facility beginning operations, whether in a newly constructed facility or in an existing facility, pursuant to a new license or a license previously in suspense, shall provide the Office the following information in writing within seven days after the ef…

A full accrual basis of accounting for revenue and expenses is required for all health facilities. Revenues shall be given recognition in the period during which the service is provided. Except as may be provided in the long-term care manual prescribed by Section 97019, patient r…

(a) To assure uniformity of accounting and reporting procedures among long-term care facilities, the Office shall publish an “Accounting and Reporting Manual for California Long-term Care Facilities,” which will be supplemental to the system adopted by this Chapter. The “Accounti…

(a) If the Office determines either by routine desk audit, on-site audit, or other means that a health facility is not substantially using on a day-to-day basis in its books and records the system of accounting prescribed by this Article, considering all modifications granted by …

(a) The licensee of each health facility shall submit the following reports, except as provided in Section 97044, to the Office within four months after the end of each reporting period: (1) A balance sheet for the unrestricted (general) funds. (2) A balance sheet for the restric…

(a) To obtain modifications to the uniform accounting and reporting systems specified by Sections 97017, 97018, and 97019, including modifications to the account coding structure, health facilities must file a written request for modifications with the Office. Health facilities m…

Any licensee of a health facility may file with the Office requests for reasonable extensions of time to file any or all of the reports required pursuant to subdivisions (a) through (e) of Section 128735, Section 128740, or Section 128755, Health and Safety Code. Licensees of hea…

(a) Any health facility affected by any determination made under the Act by the Office may appeal the decision. This appeal shall be filed with the Office within 15 business days after the date the notice of the decision is received by the health facility and shall specifically d…

(a) The Department may conduct periodic audits of a hospital's patient medical records for its TAVR patients. Audits may be performed remotely or at the hospital's location. (b) The Department shall notify a hospital a minimum of two weeks before the date of an audit. Upon notifi…