Article 12. Operation of California Health And Safety Code >> Division 2. >> Chapter 13. >> Article 12.
(a) This chapter shall be implemented on January 1,
(b) Home care organization applicants and home care aide
applicants who submit applications prior to January 1, 2016, shall be
authorized to provide home care services without meeting the
requirements of Section 1796.45, provided the requirements of that
section are met no later than July 1, 2016.
(c) The applicants described in subdivision (b) shall meet all the
requirements of this chapter no later than July 1, 2016, in order to
continue to provide home care services.
This chapter and any rules and regulations promulgated
pursuant to this chapter shall only be implemented to the extent that
funds are made available through an appropriation in the annual
(a) The department shall adopt, amend, or repeal, in
accordance with Chapter 3.5 (commencing with Section 11340) of the
Government Code, any reasonable rules, regulations, and standards as
may be necessary or proper to carry out the purpose and intent of
this chapter and to enable the department to exercise the powers and
perform the duties conferred upon it by this chapter, not
inconsistent with any of the provisions of any statute of this state.
Notwithstanding the rulemaking provisions of the Administrative
Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code), the department may
implement and administer this chapter through written directives,
without taking regulatory action, subject to the limitations provided
in subdivision (b).
(b) The department's authority to implement and administer this
chapter through written directives shall expire no later than January
1, 2018, or upon the effective date of regulations promulgated in
accordance with the Administrative Procedure Act (Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code), whichever occurs sooner.
(c) The department may adopt emergency regulations to implement
and administer the provisions of this chapter. The department may
readopt any emergency regulations that are the same as, or
substantially equivalent to, any emergency regulations previously
adopted. The initial adoption and readoption of emergency regulations
for the implementation and administration of this chapter pursuant
to this subdivision shall be deemed to be an emergency and necessary
for the immediate preservation of the public peace, health, safety,
or general welfare. The initial and readopted emergency regulations
shall be exempt from review by the Office of Administrative Law. The
initial and readopted emergency regulations shall be submitted to the
Office of Administrative Law for filing with the Secretary of State
and each adoption or readoption shall remain in effect for no more
than 180 days.