(a)  A facility shall be deemed to be an “unlicensed residential care facility for the elderly” and “maintained and operated to provide residential care” if it is unlicensed and not exempt from licensure, and any one of the following conditions is satisfied:

(1)  The facility is providing care and supervision, as defined by this chapter or the rules and regulations adopted pursuant to this chapter.

Terms Used In California Health and Safety Code 1569.44

  • Care and supervision: means the facility assumes responsibility for, or provides or promises to provide in the future, ongoing assistance with activities of daily living without which the resident's physical health, mental health, safety, or welfare would be endangered. See California Health and Safety Code 1569.2
  • Department: means the State Department of Social Services. See California Health and Safety Code 1569.2
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • License: means a basic permit to operate a residential care facility for the elderly. See California Health and Safety Code 1569.2
  • Residential care facility for the elderly: means a housing arrangement chosen voluntarily by persons 60 years of age or over, or their authorized representative, where varying levels and intensities of care and supervision, protective supervision, or personal care are provided, based upon their varying needs, as determined in order to be admitted and to remain in the facility. See California Health and Safety Code 1569.2
  • State: means the State of California, unless applied to the different parts of the United States. See California Health and Safety Code 23

(2)  The facility is held out as, or represented as, providing care and supervision, as defined by this chapter or the rules and regulations adopted pursuant to this chapter.

(3)  The facility accepts or retains residents who demonstrate the need for care and supervision, as defined by this chapter or the rules and regulations adopted pursuant to this chapter.

(4)  The facility represents itself as a licensed residential facility for the elderly.

(b)  No unlicensed residential facility for the elderly, as defined in subdivision (a), shall operate in this state.

(c)  Upon discovery of an unlicensed residential care facility for the elderly, the department shall refer residents to the appropriate placement or adult protective services agency or the appropriate local or state long-term care ombudsman, if either of the following conditions exist:

(1)  There is an immediate threat to the clients’ health and safety.

(2)  The facility will not cooperate with the licensing agency to apply for a license, meet licensing standards, and obtain a valid license.

(Amended by Stats. 1989, Ch. 1115, Sec. 16.)

  Previous section
Next section  
 Article 4 Contents