Title HSC, California Health & Safety Code

(a) When necessary to secure an applicant’s or a provider’s performance of its obligations to depositors or residents, the department may record a notice or notices of lien on behalf of the depositors or residents. From the date of recording, the lien shall attach to all real pro…

(a) When necessary to secure the interests of depositors or residents, the department may require that the applicant or provider reestablish an escrow account, return previously released moneys to escrow, and escrow all future entrance fee payments. (b) The department may release…

The civil, criminal, and administrative remedies available to the department pursuant to this article are not exclusive and may be sought and employed by the department, in any combination to enforce this chapter. (Amended by Stats. 2000, Ch. 820, Sec. 67. Effective January 1, 20…

The department, in its discretion, may condition, suspend, or revoke any permit to accept deposits, provisional certificate of authority, or certificate of authority issued under this chapter if it finds that the applicant or provider has done any of the following: (a) Violated t…

(a) If the department conditions, suspends, or revokes any permit to accept deposits, provisional certificate of authority, or certificate of authority issued pursuant to this chapter, the provider shall have a right of appeal to the department. The proceedings shall be conducted…

(a) During the period that the revocation or suspension action is pending against the permit to accept deposits, provisional certificate of authority, or certificate of authority, the provider shall not enter into any new deposit agreements or continuing care contracts. (b) The s…

(a) If the department finds that any entity has violated Section 1793.5 or one or more grounds exist for conditioning, revoking, or suspending a permit to accept deposits, provisional certificate of authority, or a certificate of authority issued under this chapter, the departmen…

In the case of any violation or threatened violation of this chapter, the department may institute a proceeding or may request the Attorney General to institute a proceeding to obtain injunctive or other equitable relief in the superior court in and for the county in which the vi…

(a) The district attorney of every county may, upon application by the department or its authorized representative, institute and conduct the prosecution of any action for violation of this chapter within his or her county. (b) This chapter shall not limit or qualify the powers o…

(a) An entity that accepts deposits and proposes to promise to provide care without having a current and valid permit to accept deposits is guilty of a misdemeanor. (b) An entity that accepts deposits and fails to place any deposit received into an escrow account as required by t…

(a) The department may issue citations pursuant to this section containing orders of abatement and assessing civil penalties against any entity that violates Section 1771.2 or 1793.5. (b) If upon inspection or investigation, the department has probable cause to believe that an en…

A permit to accept deposits, a provisional certificate of authority, or a certificate of authority shall be forfeited by operation of law when any one of the following occurs: (a) The applicant terminates marketing for the proposed continuing care retirement community. (b) The ap…

A Certificate of Authority shall be automatically inactivated when a provider voluntarily ceases to enter into continuing care contracts with new residents. The provider shall notify the department of its intention to cease entering into continuing care contracts and shall contin…

(a) In the event of receivership or liquidation, all claims made against a provider based on the provider’s continuing care contracts shall be preferred claims against all assets owned by the provider. However, these preferred claims shall be subject to any perfected claims secur…

(a) The department, after consultation with the secretary, the Secretary of Business, Transportation and Housing, and the Director of the Office of Planning and Research, may approve loan applications submitted pursuant to Article 6 (commencing with Section 80450). (b) The depart…

If the department determines, based on estimates of the number of loan requests that will be submitted in any fiscal year and the amount of loan funds that will be available during that fiscal year, that sufficient funding to meet the demand for loans will not be available, the d…

The system for ranking loan applications pursuant to Section 80485 shall establish priority scores for projects that are the subjects of the loan applications using scales that measure all of the following factors: (a) The degree of community support expressed for the project, in…

(a) The department may petition the superior court for an order appointing a qualified administrator to operate a continuing care retirement community, and thereby mitigate imminent crisis situations where elderly residents could lose support services or be moved without proper p…

The court-appointed administrator shall immediately notify the residents of that appointment and of the status of the continuing care retirement community management. (Amended by Stats. 1995, Ch. 920, Sec. 66. Effective January 1, 1996.)

If an administrator is appointed to rehabilitate a provider, the administrator may do any of the following: (a) Take possession of and preserve, protect and recover any assets, books, records, or property of the provider, including, but not limited to, claims or causes of action …

(a) The appointed administrator is entitled to reasonable compensation. (b) The costs compensating the administrator may be charged against the assets of the provider. When the provider’s assets and assets from the continuing care retirement community are insufficient, the depart…

(a) The department, administrator, or any interested person, upon due notice to the administrator, at any time, may apply to the court for an order terminating the rehabilitation proceedings and permitting the provider to resume possession of the provider’s property and the condu…

(a) If at any time the department determines that further efforts to rehabilitate the provider would not be in the best interest of the residents or prospective residents, or would not be economically feasible, the department may apply to the court for an order of liquidation and…

(a) The department, administrator, or any interested person, upon due notice to the parties, may petition the court for an order terminating the rehabilitation proceedings when the rehabilitation efforts have not been successful, the continuing care retirement community has been …

The department may approve all, or part of, a loan request pursuant to Article 7 (commencing with Section 80480), except the maximum amount of a loan approved pursuant to Article 7 (commencing with Section 80480) shall not exceed two million five hundred thousand dollars ($2,500,…

The department shall not approve a loan pursuant to Article 7 (commencing with Section 80480) if the total debt against the eligible property subject to the release or threatened release of a hazardous material on which the response action will be taken exceeds 80 percent of the …

(a) Notwithstanding any other provisions of law, a provider regulated under this chapter shall, no less than 120 days prior to the intended date of the permanent closure of a continuing care retirement community facility, as defined in paragraph (3) of subdivision (p) of Section …

No less than 90 days prior to the permanent closure of the continuing care retirement community facility, as defined in paragraph (3) of subdivision (p) of Section 1771, the provider shall provide to the department, the affected residents of the facility and their designated repr…

(a) In the case of a permanent closure, the provider shall offer the resident the choice of the following four options, the terms of which shall not be less than the terms of the continuing care contract entered into between the resident and the provider as if that contract had b…

(a) When there is a permanent closure, as defined in paragraph (3) of subdivision (p) of Section 1771, within 30 days of submitting the relocation plan to the department, the provider shall fund a reserve, set up a trust fund, or secure a performance bond to ensure the fulfillmen…

(a) The provider shall submit monthly progress reports to the department detailing the progress and problems associated with the permanent closure, as defined in paragraph (3) of subdivision (p) of Section 1771, until all affected residents are relocated and all required payments…

Upon the approval of a loan pursuant to Article 7 (commencing with Section 80480), the loan recipient shall do all of the following: (a) Enter into an agreement with the department to repay the loan over a period of not more than seven years. If the loan is to a local government …

(a) All providers shall include in resident contracts the procedures to be followed to ensure that residential temporary relocations provide comparable levels of care, services, and living accommodations as described in the resident’s contract. (b) The provider shall notify the r…

The provider shall set forth specific procedures for the resident to follow regarding relocation to the unit originally vacated, the selection of a new unit, and timeframes for making choices. Procedures for returning the relocated resident when residential units will be ready fo…

(a) A loan approved pursuant to Article 7 (commencing with Section 80480) shall be secured by the property subject to the release or threatened release of the hazardous material on which the response action will be taken or by another form of security that the department determin…

(a) The state, the secretary, the department, and the account are not liable under any state or local statute, regulation, or ordinance because the department holds the security interest identified in Section 80540 or because the department acquired property through foreclosure o…

(a) Notwithstanding any other provision of law, no approval or review shall be required from the Department of General Services to obtain any security interest or exercise any rights, including, but not limited to, foreclosure, under any security interest or other agreement made …

(a) Except as provided in subdivision (b) and Section 80575, upon the request of a regional board or the state board, the administering agency for any site that is the subject of a loan approved under Article 7 (commencing with Section 80480) shall be a regional board, the state …

(a) Upon the request of a regional board, the regional board shall be the administering agency for a property specified in Section 80570, if the site is subject to one or more of the following orders or agreements under Division 7 (commencing with Section 13000) of the Water Code…

Notwithstanding Sections 80570 and 80575, the regional board and the state board, in consultation with the department, may request the department to be the administering agency for a property subject to this article. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective Jan…

Notwithstanding Section 80575, if a regional board has issued a cleanup order or entered into a written voluntary agreement under Division 7 (commencing with Section 13000) of the Water Code for a site and the department has issued an order or entered into an enforceable agreemen…

The department shall provide a written notice of the receipt of a loan application under Article 6 (commencing with Section 80450), including the name and address of the loan applicant and the location of the property, to both of the following: (a) A regional board for any proper…

The regional board or state board shall respond with a written notice to the department within 20 working days after receipt of the notice or information provided pursuant to Section 80590 indicating whether the regional board or a local oversight program agency under contract wi…

(a) If a regional board or a local oversight program agency under contract with the state board oversees a response action pursuant to this article, the department shall reimburse the regional board or state board from the account for oversight costs, if all of the following occu…

If the regional board or a local oversight program agency under contract with the state board serves as the administering agency pursuant to this article, the regional board or the state board shall do both of the following: (a) Annually provide information to the department abou…

This article does not apply to any site subject to Chapter 1 (commencing with Section 17210) of Part 10.5 of Division 1 of Title 1 of the Education Code. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of …