California Health and Safety Code 1569.686 – (a) A licensee shall notify the department, the State Long-Term …
(a) A licensee shall notify the department, the State Long-Term Care Ombudsman, all residents, and, if applicable, their legal representatives, in writing, within two business days, and shall notify all applicants for potential residence, and, if applicable, their legal representatives, prior to admission, of any of the following events, or knowledge of the event:
(1) A notice of default, notice of trustee‘s sale, or any other indication of foreclosure is issued on the property.
Terms Used In California Health and Safety Code 1569.686
- Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
- Department: means the State Department of Social Services. See California Health and Safety Code 1569.2
- Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
- 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
- Trustee: A person or institution holding and administering property in trust.
(2) An unlawful detainer action is initiated against the licensee.
(3) The licensee files for bankruptcy.
(4) The licensee receives a written notice of default of payment of rent described in Section 1161 of the Code of Civil Procedure.
(5) A utility company has sent a notice of intent to terminate electricity, gas, or water service on the property within not more than 15 days of the notice.
(b) Upon receipt of the notice required pursuant to subdivision (a), the department shall initiate a compliance plan, noncompliance conference, or other appropriate action.
(c) A licensee who fails to comply with this section may be liable for civil penalties in an amount not to exceed one hundred dollars ($100) for each day of the failure to provide notification required in this section. The total civil penalty shall not exceed two thousand dollars ($2,000). If a resident is relocated without the notification required by this section, and suffers transfer trauma or other harm to his or her health or safety, the department may also suspend or revoke the licensee’s license and issue a permanent revocation of the licensee’s ability to operate or act as an administrator of a facility anywhere in the state. Suspension or revocation proceedings pursuant to this subdivision shall be conducted in compliance with Section 1569.51.
(d) For purposes of this section, “property” means the land or building in which a residential care facility for the elderly is located.
(e) This section shall not apply to licensees of residential care facilities for the elderly that have obtained a certificate of authority, as defined in paragraph (5) of subdivision (c) of Section 1771, to offer continuing care contracts, as defined in paragraph (8) of subdivision (c) of Section 1771.
(Added by Stats. 2011, Ch. 376, Sec. 3. (SB 897) Effective January 1, 2012.)