Section 1796.40 Of Article 6. Licensure Of Home Care Organizations From California Health And Safety Code >> Division 2. >> Chapter 13. >> Article 6.
1796.40
. (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and the prior license was revoked within the preceding two years, the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approval by a foster family agency that was revoked by the department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.