Section 1400 Of Article 1. General Provisions From California Health And Safety Code >> Division 2. >> Chapter 2.3. >> Article 1.
1400
. (a) It is unlawful for any person, association, or
corporation to establish, conduct or maintain a referral agency or to
refer any person for remuneration to any extended care, skilled
nursing home or intermediate care facility or a distinct part of a
facility providing extended care, skilled nursing home care, or
intermediate care, without first having obtained a written license
therefor as provided in this chapter from the director or from an
inspection service approved by the director pursuant to Section 1257.
(b) It is unlawful for any person, association, or corporation to
establish, conduct, or maintain a referral agency or to refer any
person for remuneration to any person or agency outside a long-term
health care facility, as defined in Section 1418, for professional
services for which the long-term health care facility does not employ
a qualified professional person to furnish a specific service,
including, but not limited to, laboratory, diagnostic, or therapy
services, unless the long-term health care facility complies with
current federal and state laws regarding the provision of these
services and all of the following conditions are met:
(1) The services will be provided in accordance with professional
standards applicable to the provision of these services in a
long-term health care facility.
(2) The long-term health care facility assumes responsibility for
timeliness of the services.
(3) Services are provided or obtained only when ordered by the
attending physician and a notation is made in the resident's medical
chart reflecting that the service has been provided to the resident.