Article 6. Licensure Of Home Care Organizations of California Health And Safety Code >> Division 2. >> Chapter 13. >> Article 6.
Any individual who has submitted an application and who
possesses any one of the following identification cards may initiate
a background examination to be a licensed home care organization:
(a) A valid California driver's license.
(b) A valid identification card issued by the Department of Motor
Vehicles.
(c) A valid Alien Registration Card.
(d) In the case of a person living in a state other than
California, a valid numbered photo identification card issued by an
agency of the state other than California.
In order to obtain a home care organization license, the
following individual or individuals shall consent to the background
examination described in Section 1796.23:
(a) The owner of the home care organization, if the owner is an
individual.
(b) If the owner of a home care organization is a corporation,
limited liability company, joint venture, association, or other
entity, an individual having a 10-percent or greater ownership in
that entity and the chief executive officer or other person serving
in a similar capacity. The department shall not issue a provisional
license or license to any corporate home care organization applicant
that has a member of the board of directors, executive director, or
officer who is not eligible for licensure pursuant to Sections
1796.40 and 1796.41.
(a) A person or a private or public organization, with the
exception of any person who performs in-home supportive services
through the In-Home Supportive Services program pursuant to Article 7
(commencing with Section 12300) of Chapter 3 of Part 3 of Division 9
of the Welfare and Institutions Code, or Section 14132.95,
14132.952, or 14132.956 of the Welfare and Institutions Code, and the
exceptions provided for in subdivision (b), shall not do any of the
following, unless he, she, or it is licensed pursuant to this
chapter:
(1) Own, manage, or represent himself, herself or itself to be a
home care organization by name, advertising, solicitation, or any
other presentments to the public, or in the context of services
within the scope of this chapter, imply that he, she, or it is
licensed to provide those services or to make any reference to
employee bonding in relation to those services.
(2) Use the terms "home care organization," "home care," "in-home
care," or any combination of those terms, within its name.
(b) This section does not apply to either of the following:
(1) Any person who performs in-home supportive services through
the In-Home Supportive Services program pursuant to Article 7
(commencing with Section 12300) of Chapter 3 of Part 3 of Division 9
of, or Section 14132.95, 14132.952, or 14132.956 of, the Welfare and
Institutions Code.
(2) An employment agency, as defined in Section 1812.5095 of the
Civil Code, that procures, offers, refers, provides, or attempts to
provide an independent home care aide who provides home care to
clients.
(a) Subject to the exceptions set forth in Section
1796.17, an individual, partnership, corporation, limited liability
company, joint venture, association, or other entity shall not
arrange for the provision of home care services by a registered home
care aide to a client in this state before obtaining a license
pursuant to this chapter. This shall be deemed "unlicensed home care
services."
(b) Upon discovering an individual or entity is in violation of
subdivision (a), the department shall send a written notice of
noncompliance to the individual or entity and assess a civil penalty
of nine hundred dollars ($900) per day for each calendar day of each
violation.
(c) Upon discovering that an individual or entity is in violation
of subdivision (a), the department shall send a copy of the written
notice of noncompliance to the individual or entity and to the
Attorney General or appropriate district attorney or city attorney.
(d) Upon receiving this notice, the Attorney General, district
attorney, or city attorney may do any or all of the following:
(1) Issue a cease and desist order, which shall remain in effect
until the individual or entity has obtained a license pursuant to
this chapter. If the individual or entity fails to comply with the
cease and desist order within 20 calendar days, the Attorney General,
district attorney, or city attorney may apply for an injunction.
(2) Bring an action against the individual or entity under Chapter
5 (commencing with Section 17200) of Part 2 of Division 7 of the
Business and Professions Code.
(a) A home care organization that has its principal place
of business in another state, in addition to the other requirements
of this chapter, before arranging for home care services provided by
an affiliated home care aide to a client in the state, shall comply
with all of the following:
(1) Have an office in California.
(2) Maintain all pertinent records of the operation in California
at the California office. All records shall be available to review,
copy, audit, and inspect by the department.
(b) If the home care organization is a foreign corporation,
foreign limited liability company, foreign limited partnership,
foreign association, or a foreign limited liability partnership, as
defined in Sections 170, 171, 171.03, 171.05, and 16101 of the
Corporations Code, before arranging for home care services provided
by an affiliated home care aide to a client in the state, the home
care organization shall have an office in California and shall comply
with both of the following:
(1) Register with the Secretary of State to conduct intrastate
business in California.
(2) Maintain all pertinent records of the operation in California
at the California office. All records shall be available to review,
copy, audit, and inspect by the department.
(a) The department may issue a home care organization
license to a home care organization applicant that satisfies the
requirements set forth in this chapter, including all of the
following:
(1) Files a complete home care organization application, including
the fees required pursuant to Section 1796.49.
(2) Submits proof of general and professional liability insurance
in the amount of at least one million dollars ($1,000,000) per
occurrence and three million dollars ($3,000,000) in the aggregate.
(3) Submits proof of a valid workers' compensation policy covering
its affiliated home care aides. The proof shall consist of the
policy number, the effective and expiration dates of the policy, and
the name and address of the policy carrier.
(4) Submits proof of an employee dishonesty bond, including
third-party coverage, with a minimum limit of ten thousand dollars
($10,000). This proof shall be submitted at each subsequent renewal.
(5) Provides the department, upon request, with a complete list of
its affiliated home care aides, and proof that each satisfies the
requirements of Sections 1796.43, 1796.44, and 1796.45.
(6) Passes a background examination, as required pursuant to
Section 1796.33.
(7) Completes a department orientation.
(8) Does not have any outstanding fees or civil penalties due to
the department.
(9) Discloses prior or present service as an administrator,
general partner, corporate officer, or director of, or discloses that
he or she has held or holds a beneficial ownership of 10 percent or
more in, any of the following:
(A) A community care facility, as defined in Section 1502.
(B) A residential care facility, as defined in Section 1568.01.
(C) A residential care facility for the elderly, as defined in
Section 1569.2.
(D) A child day care facility, as defined in Section 1596.750.
(E) A day care center, as described in Chapter 3.5 (commencing
with Section 1596.90).
(F) A family day care home, as described in Chapter 3.6
(commencing with Section 1597.30).
(G) An employer-sponsored child care center, as described in
Chapter 3.65 (commencing with Section 1597.70).
(H) A home care organization licensed pursuant to this chapter.
(10) Discloses any revocation or other disciplinary action taken,
or in the process of being taken, against a license held or
previously held by the entities specified in paragraph (9).
(11) Provides evidence that every member of the board of
directors, if applicable, understands his or her legal duties and
obligations as a member of the board of directors and that the home
care organization's operation is governed by laws and regulations
that are enforced by the department.
(12) Provides any other information as may be required by the
department for the proper administration and enforcement of this
chapter.
(13) Cooperates with the department in the completion of the home
care organization license application process. Failure of the home
care organization licensee to cooperate may result in the withdrawal
of the home care organization license application. "Failure to
cooperate" means that the information described in this chapter and
in any rules and regulations promulgated pursuant to this chapter has
not been provided, or not provided in the form requested by the
department, or both.
(b) A home care organization licensee shall renew the home care
organization license every two years. The department may renew a home
care organization license if the licensee satisfies the requirements
set forth in this chapter, including all of the following:
(1) Files a complete home care organization license renewal
application, including the nonrefundable fees required pursuant to
Section 1796.49, both of which shall be postmarked on or before the
expiration of the license.
(2) Submits proof of general and professional liability insurance
in the amount of at least one million dollars ($1,000,000) per
occurrence and three million dollars ($3,000,000) in the aggregate.
(3) Submits proof of a valid workers' compensation policy covering
its affiliated home care aides. The proof shall consist of the
policy number, the effective and expiration dates of the policy, and
the name and address of the policy carrier.
(4) Submits proof of an employee dishonesty bond, including
third-party coverage, with a minimum limit of ten thousand dollars
($10,000).
(5) Does not have any outstanding fees or civil penalties due to
the department.
(6) Provides any other information as may be required by the
department for the proper administration and enforcement of this
chapter.
(7) Cooperates with the department in the completion of the home
care organization license renewal process. Failure of the home care
organization licensee to cooperate may result in the withdrawal of
the home care organization license renewal application. "Failure to
cooperate" means that the information described in this chapter and
in any rules and regulations promulgated pursuant to this chapter has
not been provided, or not provided in the form requested by the
department, or both.
(c) (1) The department shall notify a licensed home care
organization in writing of its registration expiration date and the
process of renewal.
(2) Written notification pursuant to this subdivision shall be
mailed to the registered home care organization's mailing address of
record at least 60 days before the registration expiration date.
The department may deny an application for licensure or
suspend or revoke any license issued pursuant to this chapter,
pursuant to Sections 1550.5 and 1551 and in the manner provided in
this chapter on any of the following grounds:
(a) Violation by the licensee of this chapter or of the rules and
regulations promulgated under this chapter.
(b) Aiding, abetting, or permitting the violation of this chapter
or of the rules and regulations promulgated under this chapter.
(c) Conduct that is inimical to the health, morals, welfare, or
safety of either an individual receiving home care services or the
people of the State of California.
(d) The conviction of a licensee, or other person mentioned in
Section 1522, at any time before or during licensure, of a crime
described in Section 1522.
(e) Engaging in acts of financial malfeasance concerning the
operation of a home care organization.
(a) (1) If an application for a home care organization
license indicates, or the department determines during the
application review process, that the home care organization applicant
was previously issued a license under this chapter or under Chapter
1 (commencing with Section 1200), Chapter 2 (commencing with Section
1250), Chapter 3 (commencing with Section 1500), Chapter 3.01
(commencing with Section 1568.01), Chapter 3.2 (commencing with
Section 1569), Chapter 3.4 (commencing with Section 1596.70), Chapter
3.5 (commencing with Section 1596.90), Chapter 3.6 (commencing with
Section 1597.30), or Chapter 3.65 (commencing with Section 1597.70),
and the prior license was revoked within the preceding two years, the
department shall cease any further review of the application until
two years have elapsed from the date of the revocation. All home care
organizations are exempt from the health planning requirements
contained in Part 2 (commencing with Section 127125) of Division 107.
(2) If an application for a license indicates, or the department
determines during the application review process, that the home care
organization applicant previously was issued a certificate of
approval by a foster family agency that was revoked by the department
pursuant to subdivision (b) of Section 1534 within the preceding two
years, the department shall cease any further review of the
application until two years have elapsed from the date of the
revocation.
(3) If an application for a license indicates, or the department
determines during the application review process, that the home care
organization applicant was excluded from a facility licensed by the
department pursuant to Section 1558, 1568.092, 1569.58, or 1596.8897,
the department shall cease any further review of the application
unless the excluded individual has been reinstated pursuant to
Section 11522 of the Government Code by the department.
(b) If an application for a license indicates, or the department
determines during the application review process, that the home care
organization applicant had previously applied for a license pursuant
to any of the chapters listed in paragraph (1) of subdivision (a) and
the application was denied within the last year, the department
shall cease further review of the application until one year has
elapsed from the date of the denial letter. In those circumstances in
which denials are appealed and upheld at an administrative hearing,
review of the application shall cease for one year from the date of
the decision and order of the department.
(c) If an application for a license indicates, or the department
determines during the application review process, that the home care
organization applicant had previously applied for a certificate of
approval with a foster family agency and the department ordered the
foster family agency to deny the application pursuant to subdivision
(b) of Section 1534, the department shall cease further review of the
application as follows:
(1) In cases where the home care organization applicant petitioned
for a hearing, the department shall cease further review of the
application until one year has elapsed from the effective date of the
decision and order of the department upholding the denial.
(2) In cases where the department informed the home care
organization applicant of his or her right to petition for a hearing
and the home care organization applicant did not petition for a
hearing, the department shall cease further review of the application
until one year has elapsed from the date of the notification of the
denial and the right to petition for a hearing.
(3) The department may continue to review the application if it
has determined that the reasons for the denial of the application
were due to circumstances and conditions that either have been
corrected or are no longer in existence.
(d) Cessation of review pursuant to this section does not
constitute a denial of the application.
(a) (1) If the department determines that a person was
issued a license pursuant to this chapter or Chapter 1 (commencing
with Section 1200), Chapter 2 (commencing with Section 1250), Chapter
3 (commencing with Section 1500), Chapter 3.01 (commencing with
Section 1568.01), Chapter 3.2 (commencing with Section 1569), Chapter
3.4 (commencing with Section 1596.70), Chapter 3.5 (commencing with
Section 1596.90), Chapter 3.6 (commencing with Section 1597.30), or
Chapter 3.65 (commencing with Section 1597.70), and the prior license
was revoked within the preceding two years, the department shall
exclude the person from acting as, and require the home care
organization to remove him or her from his or her position as, a
member of the board of directors, an executive director, or an
officer of a licensee of any home care organizations licensed by the
department pursuant to this chapter.
(2) If the department determines that a person was previously
issued a certificate of approval by a foster family agency that was
revoked by the department pursuant to subdivision (b) of Section 1534
within the preceding two years, the department shall exclude the
person from acting as, and require the home care organization to
remove him or her from his or her position as, a member of the board
of directors, an executive director, or an officer of a licensee of,
any home care organizations licensed by the department pursuant to
this chapter.
(b) If the department determines that the person had previously
applied for a license under any of the chapters listed in paragraph
(1) of subdivision (a) and the application was denied within the last
year, the department shall exclude the person from acting as, and
require the home care organization to remove him or her from his or
her position as, a member of the board of directors, an executive
director, or an officer of a licensee of any home care organizations
licensed by the department pursuant to this chapter as follows:
(1) In cases in which the home care organization applicant
petitioned for a hearing, the department shall exclude the person
from acting as, and require the home care organization to remove him
or her from his or her position as, a member of the board of
directors, an executive director, or an officer of a licensee of, any
home care organizations licensed by the department pursuant to this
chapter until one year has elapsed from the effective date of the
decision and order of the department upholding a denial.
(2) In cases in which the department informed the home care
organization applicant of his or her right to petition for a hearing
and the home care organization applicant did not petition for a
hearing, the department shall exclude the person from acting as, and
require the home care organization to remove him or her from his or
her position as, a member of the board of directors, an executive
director, or an officer of a licensee of, any home care organizations
licensed by the department pursuant to this chapter until one year
has elapsed from the date of the notification of the denial and the
right to petition for a hearing.
(c) If the department determines that the person had previously
applied for a certificate of approval with a foster family agency and
the department ordered the foster family agency to deny the
application pursuant to subdivision (b) of Section 1534, the
department shall exclude the person from acting as, and require the
home care organization to remove him or her from his or her position
as, a member of the board of directors, an executive director, or an
officer of a licensee of, any home care organizations licensed by the
department pursuant to this chapter and as follows:
(1) In cases in which the home care organization applicant
petitioned for a hearing, the department shall exclude the person
from acting as, and require the home care organization to remove him
or her from his or her position as, a member of the board of
directors, an executive director, or an officer of a licensee of, any
home care organizations licensed by the department pursuant to this
chapter until one year has elapsed from the effective date of the
decision and order of the department upholding a denial.
(2) In cases in which the department informed the home care
organization applicant of his or her right to petition for a hearing
and the home care organization applicant did not petition for a
hearing, the department shall exclude the person from acting as, and
require the home care organization to remove him or her from his or
her position as, a member of the board of directors, an executive
director, or an officer of a licensee of, any home care organizations
licensed by the department pursuant to this chapter until one year
has elapsed from the date of the notification of the denial and the
right to petition for a hearing.
(d) Exclusion or removal of an individual pursuant to this section
shall not be considered an order of exclusion for purposes of
Section 1796.25 or any other law.
(e) The department may determine not to exclude a person from
acting, or require that he or she be removed from his or her
position, as a member of the board of directors, an executive
director, or an officer of a licensee of, any home care organizations
licensed by the department pursuant to this chapter if it has been
determined that the reasons for the denial of the application or
revocation of the facility license or certificate of approval were
due to circumstances or conditions that either have been corrected or
are no longer in existence.