Article 12 - Operation

California Health and Safety Code — §§ 1796.61-1796.70

Sections (5)

Amended by Stats. 2014, Ch. 29, Sec. 62. (SB 855) Effective June 20, 2014. Provisions implemented as of January 1, 2016, pursuant to Section 1796.61. Note: This section prescribes a delayed implementation date (Jan. 1, 2016) for Chapter 13, commencing with Section 1796.10.

(a)This chapter shall be implemented on January 1, 2016.

(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.

§ 1796.62

Added by Stats. 2013, Ch. 790, Sec. 1. (AB 1217) Effective January 1, 2014. Provisions implemented as of January 1, 2016, pursuant to Section 1796.61.

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 Budget Act.

§ 1796.63

Amended by Stats. 2014, Ch. 29, Sec. 63. (SB 855) Effective June 20, 2014. Provisions implemented as of January 1, 2016, pursuant to Section 1796.61.

(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.

§ 1796.64

Added by Stats. 2025, Ch. 546, Sec. 10. (SB 582) Effective January 1, 2026.

(a)A licensee of a home care organization may request inactive license status if the home care organization is nonoperational due to its destruction, significant damage, or prolonged closure due to an emergency or disaster pursuant to Chapter 15 (commencing with Section 1796.80) of Division 2 of the Health and Safety Code.

(b)A license shall not be valid, for purposes of this chapter, during any period of inactive license status. A licensee shall be responsible for complying with all licensing standards when inactive license status ends. The department’s timeframe for required site visits may be adjusted during the period of inactive license status. However, if the department believes the licensee is operating during a period in which the

department has granted inactive license status to the licensee, the department may enter the facility for any inspection permitted by law.

(c)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, interpret, or make specific this section by means of interim licensing standards, which shall have the same force and effect as regulations, until regulations are adopted.

§ 1796.70

Added by renumbering Section 1797.8 (as added by Stats. 2017, Ch. 386, Sec. 3) by Stats. 2019, Ch. 497, Sec. 156. (AB 991) Effective January 1, 2020.

For purposes of this chapter, “rehabilitation innovation center” means a not-for-profit or government-owned rehabilitation facility that meets all of the following:

(a)Is classified as a not-for-profit entity or as a government-owned institution under the Centers for Medicare and Medicaid Services Provider of Services file.

(b)Holds at least one federal rehabilitation research and training designation for research projects on traumatic brain injury, spinal cord injury, or stroke rehabilitation research from the Rehabilitation Research and Training Centers, the Rehabilitation Engineering Research Center, or the Model Spinal Cord Injury Systems at the National Institute on Disability, Independent Living, and

Rehabilitation Research at the federal Department of Health and Human Services.

(c)Has at least 200 Medi-Cal discharges per year.