1569.15
. (a) Any person seeking a license for a residential care
facility for the elderly under this chapter shall file with the
department, pursuant to regulations, an application on forms
furnished by the department, that shall include, but not be limited
to, all of the following:
(1) Evidence satisfactory to the department of the ability of the
applicant to comply with this chapter and of rules and regulations
adopted under this chapter by the department.
(2) Evidence satisfactory to the department that the applicant is
of reputable and responsible character. The evidence shall include,
but not be limited to, a criminal record clearance pursuant to
Section 1569.17, employment history, and character references. If the
applicant is a firm, association, organization, partnership,
business trust, corporation, or company, like evidence shall be
submitted as to the individuals or entities holding a beneficial
ownership interest of 10 percent or more, and the person who has
operational control of the residential care facility for the elderly
for which the application for issuance of license or special permit
is made. Notwithstanding anything in this section, an applicant or
licensee is not required to disclose the names of investors in a
publicly traded company or investment fund if those investors are
silent investors who do not have influence or control over operations
of the company, fund, or facility.
(3) If applicable, the following information:
(A) Whether it is a for-profit or not-for-profit provider.
(B) The name, address, license number, and licensing agency name
of other health, residential, or community care facilities owned,
managed, or operated by the same applicant or by any parent
organization of the applicant.
(C) The name and business address of any person or entity that
controls, as defined in Section 1569.2, the applicant.
(D) If part of a chain, as defined in Section 1569.2, a diagram
indicating the relationship between the applicant and the persons or
entities that are part of the chain, including those that are
controlled by the same parties, and in a separate list, the name,
address, and license number, if applicable, for each person or entity
in the diagram.
(E) The name and address of any persons, organizations, or
entities that own the real property on which the facility seeking
licensure and the licensed facilities described in subparagraph (B)
are located.
(F) The name and address of any management company serving the
facility and the same information required of applicants in
subparagraphs (C) and (D) for the management company.
(4) Evidence satisfactory to the department that the applicant has
sufficient financial resources to maintain the standards of service
required by regulations adopted pursuant to this chapter.
(5) The name of the person with operational control of the
applicant, such as the chief executive officer, general partner,
owner or like party, and state that person's prior or present service
as an administrator, chief executive officer, general partner,
director like role of, or as a person who has held or holds a
beneficial ownership interest of 10 percent or more in, any
residential care facility for the elderly, in any facility licensed
pursuant to Chapter 1 (commencing with Section 1200), Chapter 2
(commencing with Section 1250), or Chapter 3 (commencing with Section
1500), or a similarly licensed facility in California or any other
state within the past 10 years.
(6) The following information regarding the applicant and each
individual or entity identified pursuant to paragraph (5):
(A) Any revocation, suspension, probation, exclusion order, or
other similar administrative disciplinary action that was filed and
sustained in California or any other state, or in the process of
being adjudicated, against a facility associated with a person
identified pursuant to paragraph (5) or by any authority responsible
for the licensing of health, residential, or community care
facilities within the past 10 years.
(B) Copies of final findings, orders, or both, issued by any
health, residential, or community care licensing agency or any court
relevant to the actions described in subparagraph (A).
(C) Any petition for bankruptcy relief filed within five years of
the date of application involving operation or closure of a health,
residential, or community care facility licensed in California or any
other state, the court, date, and case number of the filing, and
whether a discharge was granted. If a discharge was not granted, the
applicant shall provide copies of any court findings supporting
denial of discharge.
(7) Any other information as may be required by the department for
the proper administration and enforcement of this chapter.
(8) Following the implementation of Article 7 (commencing with
Section 1569.70), evidence satisfactory to the department of the
applicant's ability to meet regulatory requirements for the level of
care the facility intends to provide.
(9) Evidence satisfactory to the department of adequate knowledge
of supportive services and other community supports that may be
necessary to meet the needs of elderly residents.
(10) A signed statement that the person desiring issuance of a
license has read and understood the residential care facility for the
elderly statute and regulations.
(11) Designation by the applicant of the individual who shall be
the administrator of the facility, including, if the applicant is an
individual, whether or not the applicant shall also be the
administrator.
(12) Evidence of the right of possession of the facility prior to
the time the license is granted, which may be satisfied by the
submission of a copy of the entire lease agreement or deed.
(13) Evidence of successfully completing a certified prelicensure
education program pursuant to Section 1569.23.
(14) For any facility that promotes or advertises or plans to
promote or advertise special care, special programming, or special
environments for persons with dementia, disclosure to the department
of the special features of the facility in its plan of operation.
(b) The department shall cross-check all applicant information
disclosed pursuant to paragraph (5) of subdivision (a), if
electronically available, with the State Department of Public Health
to determine if the applicant has a prior history of operating,
holding a position in, or having ownership in, any entity specified
in paragraph (5) of subdivision (a).
(c) Failure of the applicant to cooperate with the licensing
agency in the completion of the application may result in the denial
of the application. Failure to cooperate means that the information
described in this section and in the regulations of the department
has not been provided, or has not been provided in the form requested
by the licensing agency, or both.
(d) The information required by this section shall be provided to
the department upon initial application for licensure, and any change
in the information shall be provided to the department within 30
calendar days of that change unless a shorter timeframe is required
by the department. A licensee of multiple facilities may provide a
single notice of changes to the department on behalf of all licensed
facilities within the chain. Information pertaining to facilities
operated in other states may be updated on an annual basis, except
for the following information:
(1) Information specified in paragraph (6) of subdivision (a)
shall be updated within 30 calendar days of the change.
(2) Information specified in subparagraph (B) of paragraph (3) of
subdivision (a) shall be updated within six months after the change.
(e) An applicant or licensee shall maintain an email address of
record with the department. The applicant or licensee shall provide
written notification to the department of the email address and of
any change to the email address within 10 business days of the
change.
(f) (1) The department may deny an application for licensure or
may subsequently revoke a license under this chapter if the applicant
knowingly withheld material information or made a false statement of
material fact with regard to information that was required by the
application for licensure.
(2) The department may deny an application for licensure or may
subsequently revoke a license under this chapter if the applicant did
not disclose administrative disciplinary actions on the application
as required by paragraph (6) of subdivision (a).
(3) In addition to the remedies provided under this chapter, the
department may, subsequent to licensure, assess a civil penalty of
one thousand dollars ($1,000) for a material violation of this
section.