Section 1268.5 Of Article 2. Administration From California Health And Safety Code >> Division 2. >> Chapter 2. >> Article 2.
1268.5
. (a) Notwithstanding the provisions of Section 1268
requiring full compliance with this chapter and the rules and
regulations of the state department as a condition to the issuance of
a license or special permit, the state department may issue a
provisional license to a health facility except for a health facility
defined in subdivisions (a) and (b) of Section 1250, if:
(1) The facility and the applicant for licensure substantially
meet the standards specified by this chapter and regulations adopted
pursuant to this chapter.
(2) No violation of this chapter or regulations adopted pursuant
to this chapter exists in the facility which jeopardizes the health
or safety of patients.
(3) The applicant has adopted a plan for correction of any
existing violations which is satisfactory to the state department.
(b) A provisional license issued under this section shall expire
not later than six months after the date of issuance, or at an
earlier time as determined by the state department at the time of
issuance, and may not be renewed. At the end of the provisional
license period under this section or Section 1437 the state
department shall assess the facility's full compliance with licensure
requirements. The state department may extend a provisional license
for a period of no longer than six months from the time of the
extension for one of the following purposes:
(1) Requiring the facility's full compliance with a plan of
correction, which includes time frames, as specified by the state
department.
(2) Allowing the provisional licensee to comply with Section
1336.2.
(3) Providing for a change of ownership.
(4) Instituting a receivership of the facility.
The length of the extension period shall be determined by the
state department at the time of the issuance of the extension.
(c) The department shall not apply less stringent criteria when
issuing a provisional license pursuant to this section than it
applies when issuing a license pursuant to Section 1268.
It is the intent of the Legislature in enacting this section to
additionally provide for continuity of reimbursement under the
Medi-Cal Act, Chapter 7 (commencing with Section 14000) of Part 3 of
Division 9 of the Welfare and Institutions Code, whenever ownership
of a skilled nursing facility or intermediate care facility is
transferred.