California

Health and Safety Code - HSC

17,661 sections, each with the official text and a plain-English explanation of what it means for you.

• § 17061.5 — (a) Any person who is convicted pursuant to Section 17061 for a second or subsequent time within a five-year period or is convicted pursuant to subdivision (d) for a first or subsequent time within a
• § 17061.7 — (a) Any person found in contempt of a court order or injunction pursuant to Section 17060, or who is convicted pursuant to Section 17061, for a second or subsequent time within a five-year period afte
• § 17061.9 — (a) In addition to other remedies provided in this part, the Director of the Department of Housing and Community Development or his or her designee or an employee authorized by a local enforcement age
• § 17062 — (a) Any state or local agency which participated in the investigation and enforcement pursuant to this part shall be reimbursed for its investigative and legal costs prior to and subsequent to the jud
• § 17062.5 — All fines, civil penalties, and damages awarded pursuant to this part shall be paid as provided in this section.
• § 1725 — (a) The purpose of this chapter is to require licensure of home health agencies in order to protect the health and safety of the people of California.
• § 1726 — (a) No private or public organization, including, but not limited to, any partnership, corporation, political subdivision of the state, or other governmental agency within the state, shall provide, or
• § 1727 — (a) “Home health agency” means a private or public organization, including, but not limited to, any partnership, corporation, political subdivision of the state, or other government agency within the
• § 1727.1 — A licensed home health agency may also provide, or arrange for the provision of, other therapeutic services to persons in their temporary or permanent place of residence.
• § 1727.5 — Each home health agency providing home health agency services shall do all of the following: (a) Provide for a plan of treatment for patients receiving skilled nursing services.
• § 1727.7 — (a) The Legislature finds and declares the following: (1) Thousands of patients receive home health care each year, thus preventing, postponing, and limiting the need for unnecessary institutionalizat
• § 1728 — Any person, organization, political subdivision of the state or governmental agency desiring a license under the provisions of this chapter or a hospital as defined in Section 1401 of this division wh
• § 1728.1 — (a) To qualify for a home health agency license, the following requirements shall be met: (1) Every applicant shall satisfy the following conditions: (A) Be of good moral character.
• § 1728.2 — (a) If a home health agency or an applicant for a license has not been previously licensed, the state department may only issue a provisional license to the agency as provided in this section.
• § 1728.3 — Notwithstanding Sections 1728.
• § 1728.7 — (a) Notwithstanding any other provision of this chapter, the department shall issue a license to a home health agency that applies to the department for a home health agency license and meets all of t
• § 1728.8 — (a) It is the intent of the Legislature to ensure that the department licenses and certifies home health agencies in a reasonable and timely manner to ensure that Californians have access to critical
• § 1729 — Each application for a license under this chapter, except applications by the State of California or any state department, authority, bureau, commission, or officer, shall be accompanied by a Licensin
• § 1730 — (a) Each license issued under this chapter shall expire 12 months from the date of its issuance.
• § 1731 — No person, public or private organization, political subdivision of the state, or other governmental agency within the state, shall continue to operate, conduct, or maintain an existing home health ag
• § 1732 — Upon filing of the application for a license provided for in, and upon full compliance with, the provisions of this chapter and the rules and regulations promulgated under this chapter by the state de
• § 1733 — Every home health agency for which a license has been issued, except a facility that is certified to participate either in the Medicare program under Title XVIII (42 U.
• § 1734 — (a) The state department shall adopt, and may thereafter modify, amend, or rescind, reasonable rules and regulations to carry out the purposes of this chapter, including, the prohibition of specific c
• § 1734.5 — (a) The department may grant to entities contracting with the department under the PACE program, as defined in Chapter 8.
• § 1735 — The state department may deny any application for, or suspend or revoke any license issued under the provisions of this chapter upon any of the following grounds and in the manner hereinafter provided
• § 1736 — Proceedings for the denial, suspension or revocation of licenses or denial or withdrawal of approval under this chapter shall be conducted in accordance with Section 100171.
• § 1736.1 — (a) An applicant for certification as a certified home health aide shall comply with each of the following requirements: (1) Have successfully completed a training program with a minimum of 75 hours o
• § 1736.15 — (a) A person who provides classroom and supervised practical training for a home health aide, as mandated in Section 1736.
• § 1736.16 — (a) An online or distance learning training program for home health aide certification or in-service training shall comply with all of the following requirements: (1) Provide online instruction in whi
• § 1736.2 — (a) Certificates issued for certified home health aides shall be renewed every two years and renewal shall be conditioned on the certificate holder obtaining a criminal record clearance pursuant to Se
• § 1736.4 — (a) The state department shall investigate complaints concerning misconduct by certified home health aides and may take disciplinary action pursuant to Section 1736.
• § 1736.5 — (a) The department shall deny a training application and deny, suspend, or revoke a certificate issued under this article if the applicant or certificate holder has been convicted of a violation or at
• § 1736.6 — (a) (1) A criminal record clearance shall be conducted by the department for all home health aides by electronically submitting fingerprint images and related information to the Department of Justice.
• § 1736.7 — (a) The state department may request and maintain employment information for home health aides.
• § 1737 — Any license revoked pursuant to this chapter may be reinstated pursuant to the provisions of Section 11522 of the Government Code.
• § 1737.5 — Any licensee may, with the approval of the state department, surrender his license for suspension or cancellation by the state department.
• § 1738 — This chapter does not apply to either of the following: (a) A home health agency conducted by and for the adherents of any well-recognized church or religious denomination for the purpose of providing
• § 1739 — Any person who violates any of the provisions of this chapter or of the rules and regulations promulgated under this chapter is guilty of a misdemeanor and upon conviction thereof shall be punished by
• § 1740 — The director may bring an action to enjoin the violation or threatened violation of Section 1726 in the superior court in and for the county in which the violation occurred or is about to occur.
• § 1741 — Any officer, employee, or agent of the state department may enter and inspect any building, premises, record or file of a licensee at any reasonable time to secure compliance with, or to prevent a vio
• § 1742 — The district attorney of every county shall, upon application by the state department or its authorized representative, institute and conduct the prosecution of any action for violation within his cou
• § 1743 — (a) The Legislature finds and declares all of the following: (1) There is currently a crisis in accessing home health care.
• § 1743.11 — (a) If a private duty nursing agency or an applicant for a license has not been previously licensed, the department may only issue a provisional license to the agency as provided in this section.
• § 1743.13 — (a) Notwithstanding Sections 1743.
• § 1743.15 — (a) Upon filing an application for a private duty nursing agency license as provided for in, and upon the full compliance with, the provisions of this chapter and the rules and regulations promulgated
• § 1743.17 — Each application for a private duty nursing agency license under this chapter, except applications by this state or any state department, authority, bureau, commission, or officer, shall be accompanie
• § 1743.19 — Each private duty nursing agency license issued under this chapter shall expire 12 months from the date of its issuance.
• § 1743.2 — (a) “Private duty nursing agency” means a private or public organization, including, but not limited to, any partnership, corporation, political subdivision of the state, or other government agency wi
• § 1743.21 — (a) Every private duty nursing agency for which a license has been issued, except a facility that is certified to participate either in the Medicare program under Title XVIII (42 U.
• § 1743.23 — (a) The department shall apply its current regulations governing home health agencies to home health agencies and to private duty nursing agencies and may thereafter modify, amend, or rescind, reasona
• § 1743.25 — (a) The department may deny any application for, or suspend or revoke, any private duty nursing license issued under this chapter upon any of the following grounds and in the manner provided in this c
• § 1743.27 — (a) Any license revoked pursuant to this chapter may be reinstated pursuant to Section 11522 of the Government Code.
• § 1743.29 — The provisions of this chapter do not apply to the adherents of any well recognized church or religious denomination that provides for the care or treatment of the sick who depend upon prayer or spiri
• § 1743.3 — Each private duty nursing agency providing services shall do all of the following: (a) Provide for a plan of treatment for patients receiving private duty nursing services.
• § 1743.31 — Any person who violates any of the provisions of this chapter, or of the rules and regulations promulgated under this chapter, is guilty of a misdemeanor and upon conviction thereof shall be punished
• § 1743.33 — The director may bring an action to enjoin the violation or threatened violation of Section 1743 in the superior court in and for the county in which the violation occurred or is about to occur.
• § 1743.35 — Any officer, employee, or agent of the department may enter and inspect any building, premises, record, or file of a private duty nursing agency licensee at any reasonable time to secure compliance wi
• § 1743.37 — The district attorney of every county shall, upon application by the department or its authorized representative, institute and conduct the prosecution of any action for violation within the district
• § 1743.7 — Any person, organization, political subdivision of the state or governmental agency desiring a license under this chapter, or any health facility as defined in Section 1250 that desires to establish,
• § 1743.9 — (a) To qualify for a private duty nursing agency license, the following requirements shall be met: (1) Every applicant shall satisfy the following conditions: (A) Be of good moral character.
• § 1745 — (a) The purposes of this chapter are to provide for the licensure of hospices by the state department in order to ensure the health and safety of patients, who by definition, are experiencing the last
• § 1746 — For the purposes of this chapter, the following definitions apply: (a) “Bereavement services” means those services available to the surviving family members for a period of at least one year after the
• § 1746.50 — (a) A hospice provider, employed hospice staff, or an agent for the hospice shall not give payment to referral sources for the referral of patients to the hospice.
• § 1746.52 — For purposes of this article: (a) “Patient’s representative” means either a person designated by the patient as their representative or a person acting on the patient’s behalf under the authority of t
• § 1747 — (a) No person, political subdivision of the state, or other governmental agency, that is not operating a hospice as of January 1, 1991, shall establish or operate a hospice without first obtaining a l
• § 1747.1 — A hospice program certified in accordance with federal Medicare hospice conditions of participation shall be exempt from subdivision (a) of Section 1747, but shall be subject to Section 1726 unless it
• § 1747.3 — (a) Notwithstanding any other law, beginning January 1, 2018, a licensee pursuant to this chapter may provide any interdisciplinary hospice services described in this chapter, including, but not limit
• § 1747.5 — Each hospice licensed pursuant to this chapter shall maintain, and revise as needed, and implement policies regarding the purchase, storage, furnishing, and transportation of legend devices that are r
• § 1748 — (a) Except as otherwise provided in subdivision (b) or (d) of Section 1747, no person, political subdivision of the state, or other governmental agency shall establish, conduct, maintain, or represent
• § 1749 — (a) To qualify for a license under this chapter, an applicant shall satisfy all of the following: (1) Be of good moral character.
• § 1749.5 — The Legislature recognizes that hospices can apply for certification for their hospice programs from the federal Medicare program.
• § 1750 — (a) Each new and renewal application for a license under this chapter shall be accompanied by an annual Licensing and Certification Program fee set in accordance with Section 1266.
• § 1751 — (a) Upon an applicant’s filing an application for licensure under this chapter and compliance with this chapter and the rules and regulations adopted by the state department under this chapter, the st
• § 1751.100 — (a) During the initial visit, in advance of furnishing care, a hospice shall provide a patient or the patient’s representative with verbal and written notice of the patient’s rights and responsibiliti
• § 1751.5 — (a) Notwithstanding any other provision of this chapter, the department shall issue a license to a hospice agency that applies to the department for a hospice agency license and meets all of the follo
• § 1751.70 — (a) Notwithstanding any other law and except as provided in Section 1751.
• § 1751.75 — (a) The department may grant an exception to the moratorium imposed by this article upon making a written finding that an applicant for a new license, or with a license application pending on January
• § 1751.80 — This article shall not be deemed to modify the authority of the department to renew a license pursuant to this chapter.
• § 1751.85 — This article shall remain in effect only until January 1, 2027, and as of that date is repealed.
• § 1752 — (a) A licensed hospice, at the state department’s option, may periodically be inspected by a duly authorized representative of the state department.
• § 1752.1 — (a) Any person may request an investigation of a hospice agency in accordance with this chapter by making a complaint to the department alleging a violation of applicable requirements prescribed by st
• § 1753 — (a) The department shall adopt, amend, or repeal, in accordance with Chapter 3.
• § 1753.1 — On or before January 1, 2026, the department shall adopt emergency regulations to implement the recommendations in California State Auditor Report 2021-123 on the California Hospice Licensure and Over
• § 1754 — (a) Any licensee may, with the approval of the state department, surrender his or her license for suspension or cancellation by the state department.
• § 1755 — (a) The department may deny any application for licensure, or suspend or revoke any license issued, under this chapter upon any of the following grounds: (1) Violation by the applicant or licensee of
• § 1756 — (a) The suspension, expiration, or forfeiture by operation of law of a license issued by the state department under this chapter, the suspension or cancellation of a license by order of the state depa
• § 1757 — Any person who violates any provision of this chapter or any rule or regulation promulgated under this chapter is guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine not
• § 1758 — The director may bring an action to enjoin the violation or threatened violation of Section 1748 in the superior court in and for the county in which the violation occurred or is about to occur.
• § 1759 — The district attorney of every county shall, upon application by the state department or its authorized representative, institute and conduct the prosecution within his or her county of any action for
• § 1760 — In enacting this chapter, it is the intent of the Legislature to create, within the state department, a program for licensing pediatric day health and respite care facilities to serve the needs of med
• § 1760.2 — As used in this chapter, the following definitions shall apply: (a) (1) “Pediatric day health and respite care facility” means a facility that provides an organized program of therapeutic social and d
• § 1760.4 — (a) The state department shall develop and adopt regulations for the licensure of, and shall license, pediatric day health and respite care facilities.
• § 1760.5 — The annual Licensing and Certification Program fee for a pediatric day health and respite care facility, as defined in Section 1760.
• § 1760.6 — (a) A pediatric day health and respite care facility shall provide all of the following services: (1) Medical.
• § 1760.7 — A pediatric day health and respite care facility shall provide pharmacy services that satisfy all of the following: (a) (1) Medications shall be supplied to the licensed nursing personnel of the pedia
• § 1760.8 — (a) A pediatric day health and respite care facility may establish admission criteria based upon the compatibility of the developmental needs of the persons served and the facility’s ability to meet t
• § 1760.9 — A pediatric day health and respite care facility may implement policies and procedures that prohibit smoking by patients, parents, staff, visitors, or consultants within the facility or on the premise
• § 1761 — Pediatric day health and respite care facilities shall be separately licensed.
• § 1761.2 — (a) Pediatric day health and respite care facilities shall meet the same fire safety standards adopted by the State Fire Marshal that apply to community care facilities, as defined in Section 1502, of
• § 1761.4 — A pediatric day health and respite care facility of six beds or less shall be considered a residential use of property for purposes of any zoning ordinance or law related to the residential use of pro
• § 1761.6 — A pediatric day health and respite care facility shall conspicuously post the license, or a true copy thereof, in a location accessible to public view.
• § 1761.8 — A pediatric day health and respite care facility shall not be subject to architectural plan review or field inspection by the Office of Statewide Health Planning and Development.
• § 1761.85 — Sections 1761.
• § 1762 — (a) In order to obtain a license under the provisions of this chapter to establish, conduct, or maintain a pediatric day health and respite care facility, a person, entity, political subdivision of th
• § 1762.2 — (a) If a pediatric day health and respite care facility or an applicant for a license has not been previously licensed, the state department shall issue a provisional license to the facility only as p
• § 1762.4 — (a) A license issued under this chapter shall expire 12 months from the date of its issuance.
• § 1762.6 — Every pediatric day health and respite care facility for which a license has been issued shall be periodically inspected by a duly authorized representative of the state department.
• § 1762.8 — The state department may deny an application for, or suspend or revoke a license issued under the provisions of this chapter in the manner provided in Section 1763 upon, any of the following grounds:
• § 1763 — Proceedings for the denial, suspension, or revocation of licenses, or denial or withdrawal of approval under this chapter shall be conducted in accordance with Section 131071.
• § 1763.2 — The state department has authority to make reasonable accommodation for exceptions to the standards in this chapter if the health, safety, and quality of patient care is not compromised.
• § 1763.4 — (a) For purposes of this chapter, the following definitions shall apply: (1) “Distinct part” means an identifiable unit accommodating beds or patient space, including, but not limited to, contiguous b
• § 1765.101 — This chapter shall be known, and may be cited as, the Mobile Health Care Services Act.
• § 1765.105 — As used in this chapter, the following definitions shall apply: (a) “Parent facility” means a health facility licensed pursuant to Chapter 2 (commencing with Section 1250) of Division 2, or a clinic l
• § 1765.110 — The purpose of this chapter is to provide for the use of mobile units to provide medical, diagnostic, and treatment services, in order to help ensure the availability of quality health care services f
• § 1765.115 — A mobile unit may operate as one of the following: (a) As an adjunct to a licensed health facility or to a licensed clinic.
• § 1765.117 — The state department shall charge applicants a licensure fee as follows: (a) Pursuant to Chapter 1 (commencing with Section 1200), or Chapter 2 (commencing with Section 1250).
• § 1765.120 — Compliance with all of the following criteria shall be required prior to licensure: (a) The mobile unit shall comply with the applicable requirements of the Vehicle Code, and shall have a vehicle iden
• § 1765.125 — (a) Except as provided in subdivision (b), no person, political subdivision of the state, or governmental agency shall operate a mobile service unit without first obtaining a license or an addition to
• § 1765.130 — (a) Any applicant under this chapter shall file with the state department an application.
• § 1765.135 — (a) To qualify for a license under this chapter, an applicant shall satisfy all the requirements of this chapter, the applicable requirements of Chapter 1 (commencing with Section 1200) or of Chapter
• § 1765.140 — (a) Mobile units that provide services as an addition to the existing license of a parent facility shall be subject to the same requirements and regulations as the parent facility, except that, instea
• § 1765.145 — (a) A licensee using mobile services pursuant to this chapter shall, at the department’s option, be periodically inspected, in addition to any inspections required pursuant to the parent facility lice
• § 1765.150 — (a) The mobile unit shall be of sufficient size and shall be arranged in a manner that is appropriate for the provision of those health care services that it is licensed to provide.
• § 1765.155 — (a) The licensed parent facility or clinic shall be responsible for obtaining approvals for the site or sites of the mobile unit as required by the local planning, zoning, and fire authorities.
• § 1765.160 — Any licensee using mobile services pursuant to this chapter shall do all of the following: (a) Have written policies established by the governing body of the licensee, to govern the services that the
• § 1765.165 — (a) For general acute care hospitals, mobile unit services shall not be utilized as a primary source for a basic hospital service, as defined in subdivision (a) of Section 1250, unless in response to
• § 1765.170 — The mobile unit shall comply with all of the following: (a) It shall have supplies and equipment to meet the needs of the patients served.
• § 1765.175 — The state department shall adopt, amend, or repeal, in accordance with Chapter 3.
• § 1770 — The Legislature finds, declares, and intends all of the following: (a) Continuing care retirement communities are an alternative for the long-term residential, social, and health care needs of Califor
• § 1771 — Unless the context otherwise requires, the definitions in this section govern the interpretation of this chapter.
• § 1771.10 — Each provider shall adopt a comprehensive disaster preparedness plan specifying policies for evacuation, relocation, continued services, reconstruction, organizational structure, insurance coverage, r
• § 1771.2 — (a) An entity shall apply for and hold a currently valid permit to accept deposits before it may enter into a deposit agreement or accept a deposit.
• § 1771.3 — (a) This chapter shall not apply to either of the following: (1) An arrangement for the care of a person by a relative.
• § 1771.4 — An entity may conduct a market test for a proposed continuing care retirement community and collect reservation fees from persons interested in residing at the proposed continuing care retirement comm
• § 1771.5 — The department shall not issue a provisional certificate of authority or a certificate of authority to an applicant until the applicant has obtained licenses for the entire continuing care retirement
• § 1771.6 — (a) Any entity may apply to the department for a Letter of Nonapplicability for reasons other than those specified in Section 1771.
• § 1771.7 — (a) A resident of a continuing care retirement community shall not be deprived of any civil or legal right, benefit, or privilege guaranteed by law, by the California Constitution, or by the United St
• § 1771.8 — (a) The Legislature finds and declares all of the following: (1) The residents of continuing care retirement communities have a unique and valuable perspective on the operations of, and services provi
• § 1772 — (a) No report, circular, public announcement, certificate, financial statement, or any other printed matter or advertising material, or oral representation, that states or implies that an entity spons
• § 1772.2 — (a) All printed advertising materials, including brochures, circulars, public announcements, and similar publications pertaining to continuing care or a continuing care retirement community shall spec
• § 1773 — (a) A provisional certificate of authority or certificate of authority may not be sold, transferred, or exchanged in any manner.
• § 1774 — No arrangement allowed by a permit to accept deposits, a provisional certificate or authority, or a certificate of authority issued by the department under this chapter may be deemed a security for an
• § 1775 — (a) To the extent that this chapter, as interpreted by the department, conflicts with the statutes, regulations, or interpretations governing the sale or hire of real property, this chapter shall prev
• § 1776 — The department shall adopt, amend, or repeal, in accordance with Chapter 3.
• § 1776.2 — The department may, by any duly authorized representative, inspect and examine any continuing care retirement community, including the books and records thereof, or the performance of any service requ
• § 1776.3 — (a) The Continuing Care Contracts Branch of the department shall enter and review each continuing care retirement community in the state at least once every three years to augment the branch’s assessm
• § 1776.4 — The department may contract with any entity to provide consultation services.
• § 1776.6 — (a) Pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.
• § 1778 — (a) There is hereby created in the State Treasury a fund that shall be known as the CCRC Oversight Fund.
• § 1779 — (a) An entity shall file an application for a permit to accept deposits and for a certificate of authority with the department, as set forth in this chapter, before doing any of the following: (1) Acc
• § 1779.10 — (a) The department shall deny an application for a permit to accept deposits and a certificate of authority if the applicant fails to do any of the following: (1) Pay the application fee as required b
• § 1779.2 — (a) Any entity filing an application for a permit to accept deposits and a certificate of authority shall pay an application fee.
• § 1779.4 — An application shall contain all of the following: (a) A statement signed by the applicant under penalty of perjury certifying that to the best of the applicant’s knowledge and belief, the items submi
• § 1779.6 — (a) Within seven calendar days of receipt of an initial application for a permit to accept deposits and a certificate of authority, the department shall acknowledge receipt of the application in writi
• § 1779.7 — (a) Where any portion of the consideration transferred to an applicant as a deposit or to a provider as consideration for a continuing care contract is transferred by a person other than the prospecti
• § 1779.8 — (a) The applicant shall notify the department of material changes in the application information submitted to the department, including the applicant’s financial and marketing projections.
• § 1780 — The department shall issue a permit to accept deposits when it has done all of the following: (a) Determined that the application is adequate.
• § 1780.2 — (a) A deposit may be paid in one or several payments, at or after the time the parties enter into the deposit agreement.
• § 1780.4 — (a) All deposit agreements between the applicant and the depositor shall be in writing and shall contain all information required by this section.
• § 1781 — (a) All deposits, excluding processing fees, shall be placed in an escrow account.
• § 1781.10 — No deposit or any other asset held in a deposit escrow account, shall be encumbered or used as collateral for any obligation of the applicant or any other person, unless the applicant obtains prior wr
• § 1781.2 — (a) All deposits shall be delivered to the escrow agent and deposited into the deposit escrow account within five business days after receipt by the applicant.
• § 1781.4 — The deposit escrow account agreement between the applicant and the escrow agent shall include all of the following: (a) The amount of the processing fee.
• § 1781.6 — All changes to a deposit agreement or deposit escrow account agreement form shall be submitted to, and approved by, the department before use by the applicant.
• § 1781.8 — (a) Deposits held in escrow shall be placed in an interest bearing account or invested as provided under subdivision (e) of Section 1781.
• § 1782 — (a) An applicant shall not begin construction on any phase of a continuing care retirement community without first obtaining a written acknowledgment from the department that all of the following prer
• § 1783 — (a) (1) An applicant proposing to convert an existing building to continuing care use shall comply with all the application requirements in Section 1779.
• § 1783.2 — (a) An escrow agent shall refund to the depositor all amounts required by the depositor’s deposit agreement upon receiving written notice from the applicant that a depositor has canceled the deposit a
• § 1783.3 — (a) In order to seek a release of escrowed funds, the applicant shall petition in writing to the department and certify to each of the following: (1) The construction of the proposed continuing care r
• § 1784 — (a) If construction of the proposed continuing care retirement community, or applicable phase, has not commenced within 36 months from the date the permit to accept deposits is issued, an applicant ma
• § 1785 — (a) If, at any time prior to issuance of a certificate of authority, the applicant’s average performance over any six-month period does not substantially equal or exceed the applicant’s projections fo
• § 1786 — (a) The department shall issue a provisional certificate of authority when an applicant has done all of the following: (1) Complied with the approved marketing plans.
• § 1786.2 — (a) The department shall not issue a certificate of authority to an applicant or a provider, until the department determines that each of the following has occurred: (1) A provisional certificate of a
• § 1787 — (a) All continuing care contracts shall be in writing and shall contain all the information required by Section 1788.
• § 1788 — (a) A continuing care contract shall contain all of the following: (1) The legal name and address of each provider.
• § 1788.2 — (a) A continuing care contract may be canceled without cause by written notice from either party within 90 days from the date of the resident’s initial occupancy.
• § 1788.4 — (a) During the cancellation period, the provider shall pay all refunds owed to a resident within 14 calendar days after a resident makes possession of the living unit available to the provider.
• § 1789 — (a) A provider shall notify the department and obtain its approval before making any changes to any of the following: its name; its business structure or form of doing business; the overall management
• § 1789.1 — (a) Before executing a deposit agreement or continuing care agreement, or receiving any payment from a depositor or prospective resident, a provider shall deliver to the other parties in the deposit o
• § 1789.2 — (a) A provider shall provide the department with written notice at least 90 calendar days prior to closing any transaction that results in an encumbrance or lien on a continuing care retirement commun
• § 1789.4 — (a) A provider for a continuing care retirement community shall obtain approval from the department before consummating any sale or transfer of the continuing care retirement community or any interest
• § 1789.6 — A provider shall record with the county recorder a “Notice of Statutory Limitation on Transfer” for each community as required by subdivision (aa) of Section 1779.
• § 1789.8 — Each provider shall obtain and maintain in effect insurance or a fidelity bond for each agent or employee, who, in the course of his or her agency or employment, has access to any substantial amount o
• § 1790 — (a) Each provider that has obtained a provisional or final certificate of authority and each provider that possesses an inactive certificate of authority shall submit an annual report of its financial
• § 1791 — (a) An annual fee shall be required of each provider which has obtained a provisional or final certificate of authority.
• § 17910 — This part is known as the “State Housing Law.
• § 17911 — The provisions of this part do not apply to any building regulated by Part 2 (commencing with Section 18000), Part 2.
• § 17912 — Rules and regulations promulgated pursuant to the provisions of this part and building standards published in the State Building Standards Code, relating to the erection or construction of buildings o
• § 17913 — (a) The department shall notify the entities listed in subdivision (c) of the dates that each of the international or uniform codes published by the specific organizations described in paragraphs (1)
• § 17914 — (a) It is hereby declared to be the established policy of the state that all dwelling units, as defined in Section 1940 of the Civil Code, shall be able to attain and maintain a safe maximum indoor te
• § 1792 — (a) A provider shall maintain at all times qualifying assets as a liquid reserve in an amount that equals or exceeds the sum of the following: (1) The amount the provider is required to hold as a debt
• § 1792.10 — (a) Each provider that has entered into Type A contracts shall submit to the department, at least once every five years, an actuary’s opinion as to the provider’s actuarial financial condition.
• § 1792.2 — (a) A provider shall satisfy its liquid reserve obligation with qualifying assets.
• § 1792.3 — (a) Each provider shall include in its liquid reserve a reserve for its long-term debt obligations in an amount equal to the sum of all of the following: (1) All regular principal and interest payment
• § 1792.4 — (a) Each provider shall include in its liquid reserve a reserve for its operating expenses in an amount that equals or exceeds 75 days’ net operating expenses.
• § 1792.5 — (a) The provider shall compute its liquid reserve requirement as of the end of the provider’s most recent fiscal yearend based on its audited financial statements for that period and, at the time it f
• § 1792.6 — (a) Any provider offering a refundable contract, or other entity assuming responsibility for refundable contracts, shall maintain a refund reserve in trust for the residents.
• § 1792.7 — (a) The Legislature finds and declares all of the following: (1) In continuing care contracts, providers offer a wide variety of living accommodations and care programs for an indefinite or extended n
• § 1792.8 — (a) For purposes of this article, “actuarial study” means an analysis that addresses the current actuarial financial condition of a provider that is performed by an actuary in accordance with accepted
• § 1792.9 — (a) All providers shall file annually with the department a financial report disclosing key financial ratios and other key indicators in a form determined by the department.