Section 1728.8 Of Chapter 8. Home Health Agencies From California Health And Safety Code >> Division 2. >> Chapter 8.
1728.8
. (a) It is the intent of the Legislature to ensure that the
department licenses and certifies home health agencies in a
reasonable and timely manner to ensure that Californians have access
to critical home- and community-based services. Home health agencies
have significant startup costs and regulatory requirements, which
make home health agencies vulnerable to delays in licensing and
certification surveys. Home health agencies help the state protect
against the unnecessary institutionalization of individuals and are
integral in ensuring the state's compliance with the United States
Supreme Court decision in Olmstead v. L.C. (1999) 527 U.S. 581, which
requires public agencies to provide services in the most integrated
setting appropriate to the needs of qualified individuals with
disabilities.
(b) No later than 90 calendar days after the department receives
an initial and complete parent, branch, or change of ownership home
health agency application, the department shall make every effort to
complete the application paperwork and conduct a licensure survey, if
necessary, to inspect the agency and evaluate the agency's
compliance with state requirements. The department shall forward its
recommendation, if necessary, and all other information, to the
federal Centers for Medicare and Medicaid Services within the same 90
calendar days.
(c) (1) For those applicants seeking to receive reimbursement
under the Medicare or Medi-Cal programs, the department shall make
every effort to complete the initial application paperwork and
conduct an unannounced certification survey, if necessary, no later
than 90 calendar days after the department conducts the licensure
survey required by subdivision (a), or no later than 90 days after
the department's receipt of a letter from the home health agency
notifying the department of its readiness for the certification
survey from a parent or branch agency.
(2) No later than 30 calendar days after the certification survey,
the department shall forward the results of its licensure and
certification surveys and all other information necessary for
certification to the federal Centers for Medicare and Medicaid
Services.
(d) This section shall apply to all licensing and certification
entities, including a county that contracts with the state to provide
licensing and certification services on behalf of the state.
(e) If the department is unable to meet the 90-day timelines for
licensing or certification required pursuant to this section, the
department shall notify the applicant in writing of the delay and the
anticipated date of the survey.
(f) This section shall become operative on July 1, 2008.