Section 1728.1 Of Chapter 8. Home Health Agencies From California Health And Safety Code >> Division 2. >> Chapter 8.
1728.1
. (a) To qualify for a home health agency license, the
following requirements shall be met:
(1) Every applicant shall satisfy the following conditions:
(A) Be of good moral character. If the applicant is a firm,
association, organization, partnership, business trust, corporation,
or company, all principal managing members thereof, and the person in
charge of the agency for which application for license is made,
shall satisfy this requirement. If the applicant is a political
subdivision of the state or other governmental agency, the person in
charge of the agency for which application for license is made, shall
satisfy this requirement.
(B) Possess and demonstrate the ability to comply with this
chapter and the rules and regulations adopted under this chapter by
the state department.
(C) File his or her application pursuant to and in full compliance
with this chapter.
(2) (A) The following persons shall submit to the State Department
of Public Health an application and shall submit electronic
fingerprint images to the Department of Justice for the furnishing of
the person's criminal record to the state department, at the person'
s expense as provided in subdivision (b), for the purpose of a
criminal record review:
(i) The owner or owners of a private agency if the owners are
individuals.
(ii) If the owner of a private agency is a corporation,
partnership, or association, any person having a 10 percent or
greater interest in that corporation, partnership, or association.
(iii) The administrator of a home health agency.
(B) When the conditions set forth in paragraph (3) of subdivision
(a) of Section 1265.5, subparagraph (A) of paragraph (1) of
subdivision (a) of Section 1338.5, and paragraph (1) of subdivision
(a) of Section 1736.6 are met, the licensing and certification
program shall issue an All Facilities Letter (AFL) informing facility
licensees. After the AFL is issued, facilities must not allow newly
hired administrators, program directors, and fiscal officers to have
direct contact with clients or residents of the facility prior to
completion of the criminal record clearance. A criminal record
clearance shall be complete when the department has obtained the
person's criminal offender record information search response from
the Department of Justice and has determined that the person is not
disqualified from engaging in the activity for which clearance is
required.
(b) The persons specified in paragraph (2) of subdivision (a)
shall be responsible for any costs associated with transmitting the
electronic fingerprint images. The fee to cover the processing costs
of the Department of Justice, not including the costs associated with
capturing or transmitting the fingerprint images and related
information, shall not exceed thirty-two dollars ($32) per
submission.
(c) If the criminal record review conducted pursuant to paragraph
(2) of subdivision (a) discloses a conviction for a felony or any
crime that evidences an unfitness to provide home health services,
the application for a license shall be denied or the person shall be
prohibited from providing service in the home health agency applying
for a license. This subdivision shall not apply to deny a license or
prohibit the provision of service if the person presents evidence
satisfactory to the state department that the person has been
rehabilitated and presently is of such good character as to justify
the issuance of the license or the provision of service in the home
health agency.
(d) An applicant and any other person specified in this section,
as part of the background clearance process, shall provide
information as to whether or not the person has any prior criminal
convictions, has had any arrests within the past 12-month period, or
has any active arrests, and shall certify that, to the best of his or
her knowledge, the information provided is true. This requirement is
not intended to duplicate existing requirements for individuals who
are required to submit fingerprint images as part of a criminal
background clearance process. Every applicant shall provide
information on any prior administrative action taken against him or
her by any federal, state, or local government agency and shall
certify that, to the best of his or her knowledge, the information
provided is true. An applicant or other person required to provide
information pursuant to this section that knowingly or willfully
makes false statements, representations, or omissions may be subject
to administrative action, including, but not limited to, denial of
his or her application or exemption or revocation of any exemption
previously granted.