Section 1771.6 Of Article 1. General Provisions From California Health And Safety Code >> Division 2. >> Chapter 10. >> Article 1.
1771.6
. (a) Any entity may apply to the department for a Letter of
Nonapplicability for reasons other than those specified in Section
1771.3, which states that the provisions of this chapter do not apply
to its community, project, or proposed project.
(b) Applications for Letters of Nonapplicability shall be made to
the department in writing and include the following:
(1) A nonrefundable one thousand dollar ($1,000) application fee.
(2) A list of the reasons why the existing or proposed project may
not be subject to this chapter.
(3) A copy of the existing or proposed contract between the entity
and residents.
(4) Copies of all advertising material.
(5) Any other information reasonably requested by the department.
(c) The department shall do both of the following:
(1) Within seven calendar days, acknowledge receipt of the request
for a Letter of Nonapplicability.
(2) Within 30 calendar days after all materials are received,
either issue the Letter of Nonapplicability or notify the entity of
the department's reasons for denial of the request.
(d) (1) If the department determines that the entity does not
qualify for a Letter of Nonapplicability, the entity shall refrain
from, or immediately cease, entering into continuing care contracts.
(2) If an entity to which this subdivision applies intends to
provide continuing care, an application for a certificate of
authority shall be required to be filed with the department pursuant
to this chapter.
(3) If an entity to which this subdivision applies does not intend
to provide continuing care, it shall alter its plan of operation so
that the project is not subject to this chapter. To obtain a Letter
of Nonapplicability for the revised project, the entity shall submit
a new application and fee.