1796.37
. (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.