(a) In order to protect the health and safety of persons receiving care or services from individuals or facilities licensed by the state or from individuals certified or approved by a foster family agency, the following information may be shared:

(1) The California Department of Aging, State Department of Public Health, State Department of Health Care Services, State Department of Social Services, and the Emergency Medical Services Authority may share information with respect to applicants, licensees, certificate holders, or individuals who have been the subject of any administrative action resulting in the denial, suspension, probation, revocation, or rescission of a license, permit, or certificate of approval, or in the exclusion of any person from a facility, certified family home, or resource family home who is subject to a background check, as otherwise provided by law.

Terms Used In California Health and Safety Code 1522.08

  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • certified family home: means an individual or family certified by a licensed foster family agency and issued a certificate of approval by that agency as meeting licensing standards, and used exclusively by that foster family agency for placements. See California Health and Safety Code 1506
  • County: includes city and county. See California Health and Safety Code 14
  • department: means State Department of Health Services. See California Health and Safety Code 20
  • Foster family agency: means any public agency or private organization, organized and operated on a nonprofit basis, engaged in any of the following:

    California Health and Safety Code 1502

  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • license: means a basic permit to operate a community care facility. See California Health and Safety Code 1503
  • Person: means any person, firm, association, organization, partnership, business trust, corporation, limited liability company, or company. See California Health and Safety Code 19
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • special permit: means a permit issued by the state department authorizing a community care facility to offer specialized services as designated by the director in regulations. See California Health and Safety Code 1504
  • State: means the State of California, unless applied to the different parts of the United States. See California Health and Safety Code 23
  • state department: means the State Department of Social Services. See California Health and Safety Code 1502

(2) The State Department of Social Services and county child welfare agencies may share information with respect to applicants, licensees, certificate holders, or individuals who have been the subject of any administrative action resulting in the denial, suspension, probation, revocation, or rescission of a license, permit, or certificate of approval, or in the exclusion of any person from a facility, certified family home, or resource family home who is subject to a background check, as otherwise provided by law.

(b) The State Department of Social Services shall maintain a centralized system for the monitoring and tracking of final administrative actions, to be used by the California Department of Aging, State Department of Public Health, State Department of Health Care Services, State Department of Social Services, the Emergency Medical Services Authority, and county child welfare agencies as a part of the background check process. The State Department of Social Services may charge a fee to departments under the jurisdiction of the California Health and Human Services Agency and to county child welfare agencies sufficient to cover the cost of providing those departments with the final administrative action specified in subdivision (a). To the extent that additional funds are needed for this purpose, implementation of this subdivision shall be contingent upon a specific appropriation provided for this purpose in the annual Budget Act.

(c) The State Department of Social Services, in consultation with the other departments under the jurisdiction of the California Health and Human Services Agency, may adopt regulations to implement this section.

(d) For the purposes of this section and Section 1499, “administrative action” means any proceeding initiated by the California Department of Aging, State Department of Public Health, State Department of Health Care Services, State Department of Social Services, Emergency Medical Services Authority, and county child welfare agencies to determine the rights and duties of an applicant, licensee, certificate holder, or other individual or entity over which the department has jurisdiction. “Administrative action” may include, but is not limited to, action involving the denial of an application for, or the suspension, revocation, or rescission of, any license, special permit, certificate of approval, administrator certificate, criminal record clearance, exemption, or exclusion.

(Amended (as amended by Stats. 2014, Ch. 222, Sec. 1) by Stats. 2017, Ch. 732, Sec. 18. (AB 404) Effective January 1, 2018.)

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