California Code of Regulations
Title 22 - Social Security
Division 6 - Licensing of Community Care Facilities
Chapter 10 - Temporary Management of Adult Community Care Facilities and Residential Care Facilities for the Elderly
Article 1 - General Requirements and Definitions
Section 89600 - General

Universal Citation: 22 CA Code of Regs 89600

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) In addition to Chapters 1, 2, 6, 6.1 and 11 for adult residential community care facilities and Chapter 8 for Residential Care Facilities for the Elderly, except where specifically exempted, adult residential community care facilities and Residential Care Facilities for the Elderly shall be governed by the provisions of this chapter.

(1) This chapter shall not apply to an adult residential community care facility or Residential Care Facility for the Elderly that serves six or fewer persons and is also the principal residence of the licensee.

(b) To protect the health and safety of residents of adult residential community care facilities and Residential Care Facilities for the Elderly and to minimize the effects of transfer trauma that accompany the abrupt transfer of residents, the Department may appoint a temporary manager over the facility in any of the following circumstances:

(1) The Department has determined that it is necessary to temporarily suspend the license of the adult residential community care facility pursuant to Sections 1550 and 1550.5 of the Health and Safety Code and the immediate relocation of the residents is not feasible based on transfer trauma, lack of alternate placements, or other emergency considerations for the health and safety of the residents.

(2) The Department has determined that it is necessary to temporarily suspend the license of the adult residential community care facility pursuant to Sections 1550 and 1550.5 of the Health and Safety Code and the licensee is unwilling or unable to comply with the requirements of Section 1556 of the Health and Safety Code for the safe and orderly relocation of residents when ordered to do so by the Department.

(3) The Department has determined that it is necessary to temporarily suspend the license of the Residential Care Facility for the Elderly pursuant to Section 1569.50 of the Health and Safety Code and the immediate relocation of the residents is not feasible based on transfer trauma, lack of alternate placements, or other emergency considerations for the health and safety of the residents.

(4) The Department has determined that it is necessary to temporarily suspend or revoke the license of the Residential Care Facility for the Elderly pursuant to Section 1569.50 of the Health and Safety Code, and the licensee is unwilling or unable to comply with the requirements of Section 1569.525 of the Health and Safety Code for the safe and orderly relocation of residents.

(5) The Department has deemed the license of the Residential Care Facility for the Elderly forfeited by operation of law pursuant to Section 1569.19 of the Health and Safety Code when the licensee sells or otherwise transfers the facility, when the licensee surrenders his or her license, when the licensee abandons the facility, or when there is a change in use of the facility, and the licensee is unwilling or unable to comply with the requirements of Section 1569.682 of the Health and Safety Code for the safe and orderly relocation of residents.

(c) A temporary manager shall assume the operation of the facility in order to bring it into compliance with the law, facilitate a transfer of ownership to a new licensee, or ensure the orderly transfer of residents should the facility be required to close pursuant to the applicable Health and Safety Code section 1546.1(a)(2) or 1569.481(a)(2).

1. New chapter 10 (articles 1, 3 and 6, sections 89600-89667), article 1 (sections 89600-89602) and section filed 8-22-2018 as an emergency; operative 8-22-2018 (Register 2018, No. 34). A Certificate of Compliance must be transmitted to OAL by 2-19-2019 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-22-2018 order transmitted to OAL 2-19-2019 and filed 4-3-2019 (Register 2019, No. 14).

Note: Authority cited: Sections 1530, 1546.1, 1569.30 and 1569.481, Health and Safety Code. Reference: Sections 1546.1, 1550, 1550.5, 1556, 1569.19, 1569.481, 1569.50, 1569.525 and 1569.682, Health and Safety Code.

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