California Health and Safety Code 1268.5 – (a) Notwithstanding the provisions of Section 1268 requiring …
(a) Notwithstanding the provisions of Section 1268 requiring full compliance with this chapter and the rules and regulations of the state department as a condition to the issuance of a license or special permit, the state department may issue a provisional license to a health facility except for a health facility defined in subdivisions (a) and (b) of Section 1250, if:
(1) The facility and the applicant for licensure substantially meet the standards specified by this chapter and regulations adopted pursuant to this chapter.
Terms Used In California Health and Safety Code 1268.5
- department: means State Department of Health Services. See California Health and Safety Code 20
- health facility: means a facility, place, or building that is organized, maintained, and operated for the diagnosis, care, prevention, and treatment of human illness, physical or mental, including convalescence and rehabilitation and including care during and after pregnancy, or for any one or more of these purposes, for one or more persons, to which the persons are admitted for a 24-hour stay or longer, and includes the following types:
California Health and Safety Code 1250
- Intermediate care facility: means a health facility that provides inpatient care to ambulatory or nonambulatory patients who have recurring need for skilled nursing supervision and need supportive care, but who do not require availability of continuous skilled nursing care. See California Health and Safety Code 1250
- Skilled nursing facility: includes a "small house skilled nursing facility (SHSNF)" as defined in Section 1323. See California Health and Safety Code 1250
- State: means the State of California, unless applied to the different parts of the United States. See California Health and Safety Code 23
(2) No violation of this chapter or regulations adopted pursuant to this chapter exists in the facility which jeopardizes the health or safety of patients.
(3) The applicant has adopted a plan for correction of any existing violations which is satisfactory to the state department.
(b) A provisional license issued under this section shall expire not later than six months after the date of issuance, or at an earlier time as determined by the state department at the time of issuance, and may not be renewed. At the end of the provisional license period under this section or Section 1437 the state department shall assess the facility’s full compliance with licensure requirements. The state department may extend a provisional license for a period of no longer than six months from the time of the extension for one of the following purposes:
(1) Requiring the facility’s full compliance with a plan of correction, which includes time frames, as specified by the state department.
(2) Allowing the provisional licensee to comply with Section 1336.2.
(3) Providing for a change of ownership.
(4) Instituting a receivership of the facility.
The length of the extension period shall be determined by the state department at the time of the issuance of the extension.
(c) The department shall not apply less stringent criteria when issuing a provisional license pursuant to this section than it applies when issuing a license pursuant to Section 1268.
It is the intent of the Legislature in enacting this section to additionally provide for continuity of reimbursement under the Medi-Cal Act, Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of the Welfare and Institutions Code, whenever ownership of a skilled nursing facility or intermediate care facility is transferred.
(Amended by Stats. 1989, Ch. 811, Sec. 1.)