Section 1572 Of Article 2. Administration From California Health And Safety Code >> Division 2. >> Chapter 3.3. >> Article 2.
1572
. (a) The functions and duties of the State Department of
Public Health provided for under this chapter shall be performed by
the California Department of Aging commencing on the date those
functions are transferred from the State Department of Public Health
to the California Department of Aging. The authority, functions, and
responsibility for the administration of the adult day health care
program by the California Department of Aging and the State
Department of Public Health shall be defined in an interagency
agreement between the two departments and the State Department of
Health Care Services that specifies how the departments will work
together.
(b) The interagency agreement shall specify that the California
Department of Aging is designated by the department as the agency
responsible for community long-term care programs. At a minimum, the
interagency agreement shall clarify each department's
responsibilities on issues involving licensure and certification of
adult day health care providers, payment of adult day health care
claims, prior authorization of services, promulgation of regulations,
and development of adult day health care Medi-Cal rates. This
agreement shall also include provisions whereby the department and
the California Department of Aging shall collaborate in the
development and implementation of health programs and services for
older persons and functionally impaired adults.
(c) The Director of the California Department of Aging shall make
recommendations regarding licensure to the Licensing and
Certification Division in the State Department of Public Health. The
recommendation shall be based on all of the following criteria:
(1) An evaluation of the ability of the applicant to provide adult
day health care in accordance with the requirements of this chapter
and regulations adopted hereunder.
(2) Other criteria that the director deems necessary to protect
public health and safety.