California Code of Regulations
Title 22 - Social Security
Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies
Chapter 4 - Intermediate Care Facilities
Article 3 - Services
Section 73445 - Optional Service Unit

(a) Optional service unit means a functional unit of a intermediate care facility which is organized, staffed and equipped to provide a specific type or types of patient care. A facility is not required to operate an optional service unit.

(b) Only the following types of optional service units may be operated in an intermediate care facility: physical therapy, occupational therapy, speech pathology and/or audiology, social work services and rehabilitation services.

(c) If outpatient services are to be provided, the following conditions shall be met:

(d) Each optional service unit within the facility shall be approved by the Department. Any facility desiring approval for an optional service unit shall file with the Department an application on forms furnished by the Department.

(e) The Department shall list on the facility's license each optional service for which approval is granted.

(f) If the applicant is not in compliance with the laws and regulations, the Department shall deny the applicant approval and shall immediately notify the applicant in writing. Within 20 days of receipt of the Department's notice, the applicant may present his written petition for a hearing to the Department. The Department shall set the matter for hearing within 30 days after receipt of the petition in proper form. The proceedings shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.

(g) Each optional service approval shall expire on the date of expiration of the intermediate care facility license. A renewal of the approval may be issued for a period not to exceed two years if the holder of the approval has been found not to have been in violation of any statutory requirements, regulations or standards during the preceding approval period.

(h) No facility shall make or disseminate any statement or advertise by any means or hold out or represent by any means, that the facility has or operates any optional service unit unless said optional service unit meets all of the requirements of this article pertaining to said optional service unit and said optional service unit has been approved by the Department.

(i) All optional service units in existence on the effective date of implementation of this article shall comply with the provisions of the regulations governing the particular type of optional service unit within one year following the effective date thereof.

(j) A facility may offer and charge for physical therapy, occupational therapy, speech pathology and/or audiology, social work services and rehabilitation services, if such services are provided through arrangements with a person or an outside agency that will render direct service to patients or act as a consultant or employee, providing that the facility does not advertise or otherwise represent to the public that the facility has or operates an optional service unit for the particular type of service.