Article 1 General Provisions
Article 2 Licensing
Article 2.5 Resident’s Bill of Rights
Article 3 Regulations
Article 4 Offenses
Article 5 Suspension and Revocation
Article 5.5 Employee Actions
Article 6 Other Provisions
Article 6.6 Secured Perimeters
Article 7 Levels of Care
Article 7.5 Resident Participation in Decisionmaking
Article 8 Local Regulation
Article 9 Admission Agreements

Terms Used In California Codes > Health and Safety Code > Division 2 > Chapter 3.2

  • Action: includes a civil action and a criminal action. See California Education Code 17524
  • Administrator: means the individual designated by the licensee to act on behalf of the licensee in the overall management of the facility. See California Public Contract Code 21061
  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • 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.
  • Beneficial ownership interest: means an ownership interest through the possession of stock, equity in capital, or any interest in the profits of the applicant or licensee, or through the possession of such an interest in other entities that directly or indirectly hold an interest in the applicant or licensee. See California Public Contract Code 21061
  • Capital: as used in this division , consists of all of the following:

    California Health and Safety Code 13145

  • Capital Stock: as used in this division , means one-class voting common stock. See California Health and Safety Code 13146.6
  • 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 Public Contract Code 21061
  • Chain: means a group of two or more licensees that are controlled, as defined in this section, by the same persons or entities. See California Public Contract Code 21061
  • Charges: as used in this division , include the aggregate interest, fees, bonuses, commissions, brokerage, discounts, expenses, and other forms of costs charged, contracted for, or received by an industrial loan company or any other person in connection with the investigating, arranging, negotiating, procuring, guaranteeing, making, servicing, collecting, or enforcing of a loan, or for forbearance of money, credit, goods, things in action, or any other service or services rendered. See California Health and Safety Code 13143.3
  • company: as used in this division means a premium finance agency as defined in Section 18560. See California Health and Safety Code 13140.6
  • Conduct: includes all active and passive behavior, both verbal and nonverbal. See California Education Code 17528
  • Control: means the ability to direct the operation or management of the applicant or licensee and includes the ability to exercise control through intermediary or subsidiary entities. See California Public Contract Code 21061
  • County: includes city and county. See California Government Code 50967
  • County: includes city and county. See California Education Code 18556
  • County: includes city and county. See California Education Code 24937
  • Decedent: A deceased person.
  • Declarant: is a person who makes a statement. See California Education Code 17530
  • department: means the State Department of Health Care Services and "director" means the Director of Health Care Services. See California Insurance Code 4097.16
  • Department: means the State Department of Social Services. See California Public Contract Code 21061
  • department: means State Department of Health Services. See California Education Code 24943
  • Director: means the Director of Social Services. See California Public Contract Code 21061
  • Director: means "State Director of Health Services. See California Education Code 24944
  • Emergency: as used in this code , means a sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services. See California Public Utilities Code 30215
  • escrow agent: as used in this division includes joint control agents and Internet escrow agents. See California Government Code 25831
  • Evidence: means testimony, writings, material objects, or other things presented to the senses that are offered to prove the existence or nonexistence of a fact. See California Education Code 17531
  • Ex officio: Literally, by virtue of one's office.
  • Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. Source: OCC
  • Fiduciary: A trustee, executor, or administrator.
  • Forbearance: A means of handling a delinquent loan. A
  • hearing: means the hearing at which a question under this code arises, and not some earlier or later hearing. See California Education Code 17532
  • Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Instrumental activities of daily living: means any of the following: housework, meals, laundry, taking of medication, money management, appropriate transportation, correspondence, telephoning, and related tasks. See California Public Contract Code 21061
  • Law: includes constitutional, statutory, and decisional law. See California Education Code 17534
  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • License: means a basic permit to operate a residential care facility for the elderly. See California Public Contract Code 21061
  • Limited life preferred: as used in this division , means preferred stock which has a maturity or which may be redeemed at the option of the holder. See California Health and Safety Code 13146.4
  • Mandatory convertible debt: as used in this division , means a subordinated debt instrument which requires the issuer to convert that instrument into common or perpetual preferred stock by a date at or before the maturity of the debt instrument. See California Health and Safety Code 13146.3
  • Month: means a calendar month, unless otherwise expressed. See California Education Code 17389
  • Monthly average escrow liability: as used in this chapter , means the average escrow liability for the 12-month period as reported in the most recent report made by the member to the commissioner pursuant to Section 17348. See California Health and Safety Code 13027
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) Source: OCC
  • Oath: includes an affirmation or declaration. See California Education Code 17389
  • Oath: includes affirmation. See California Education Code 18558
  • Oath: A promise to tell the truth.
  • order: include a decree, as appropriate under the circumstances. See California Government Code 50972
  • Original: means the writing itself or any counterpart intended to have the same effect by a person executing or issuing it. See California Education Code 17582
  • Parent organization: means an organization in control of another organization either directly or through one or more intermediaries. See California Public Contract Code 21061
  • Perpetual preferred stock: as used in this division , means a preferred stock that does not have a stated maturity date or that can not be redeemed at the option of the holder. See California Health and Safety Code 13146.2
  • Person: includes a natural person, firm, association, organization, partnership, business trust, corporation, limited liability company, or public entity. See California Education Code 17566
  • Person: includes any person, firm, partnership, association, corporation, company, limited liability company, syndicate, estate, trust, business trust, or organization of any kind. See California Education Code 18561
  • Person: means any person, firm, association, organization, partnership, business trust, corporation, limited liability company, or company. See California Education Code 24942
  • Personal activities of daily living: means any of the following: dressing, feeding, toileting, bathing, grooming, and mobility and associated tasks. See California Public Contract Code 21061
  • Personal care: means assistance with personal activities of daily living, to help provide for and maintain physical and psychosocial comfort. See California Public Contract Code 21061
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Primary capital: as used in this division , means the sum of common stock, perpetual preferred stock, capital surplus, undivided profits, capital reserves, and mandatory convertible debt (to the extent of 20 percent of primary capital exclusive of that debt). See California Health and Safety Code 13146
  • Principal amount: as used in this division , means the net amount of money, credit, goods, or things in action received by the debtor or borrower or disbursed on the borrower's instructions at the time of entering into the transaction. See California Health and Safety Code 13143.5
  • Protective supervision: means observing and assisting confused residents, including persons with dementia, to safeguard them against injury. See California Public Contract Code 21061
  • 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.
  • 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 Public Contract Code 21061
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Right of offset: Banks' legal right to seize funds that a guarantor or debtor may have on deposit to cover a loan in default. It is also known as the right of set-off. Source: OCC
  • school building: as used in this article includes a facility that a county office of education is authorized to use pursuant to Article 3 (commencing with Section 17280) of Chapter 3. See California Education Code 17582
  • Service of process: The service of writs or summonses to the appropriate party.
  • Sheriff: includes marshal. See California Education Code 17389
  • Spouse: includes "registered domestic partner" as required by Section 297. See California Education Code 24935
  • State: includes the District of Columbia and the territories when applied to the different parts of the United States, and the words "United States" may include the district and territories. See California Education Code 17389
  • state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the district and territories. See California Education Code 1012
  • State: means the State of California, unless applied to the different parts of the United States. See California Education Code 17576
  • State: means the State of California, unless applied to the different parts of the United States. See California Education Code 25000.5
  • Statement: means (a) oral or written verbal expression or (b) nonverbal conduct of a person intended by him as a substitute for oral or written verbal expression. See California Education Code 17577
  • Subordinated notes and debentures: as used in this division , means an obligation other than an investment certificate obligation that:

    California Health and Safety Code 13146.5

  • subscription: includes mark when the signer or subscriber can not write, such signer's or subscriber's name being written near the mark by a witness who writes his own name near the signer's or subscriber's name. See California Education Code 24941
  • Sundowning: means a condition in which persons with cognitive impairment experience recurring confusion, disorientation, and increasing levels of agitation that coincide with the onset of late afternoon and early evening. See California Public Contract Code 21061
  • Support: refers to a support obligation owing on behalf of a child, spouse, or family, or an amount owing pursuant to Section 17402. See California Government Code 51075
  • Support order: means a judgment or order of support in favor of an obligee, whether temporary or final, or subject to modification, termination, or remission, regardless of the kind of action or proceeding in which it is entered. See California Government Code 51080
  • Supportive services: means resources available to the resident in the community that help to maintain their functional ability and meet their needs as identified in the individual resident assessment. See California Public Contract Code 21061
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Trustor: The person who makes or creates a trust. Also known as the grantor or settlor.
  • Truth in Lending Act: The Truth in Lending Act is a federal law that requires lenders to provide standardized information so that borrowers can compare loan terms. In general, lenders must provide information on Source: OCC
  • Uphold: The decision of an appellate court not to reverse a lower court decision.
  • Writing: includes printing and typewriting. See California Education Code 17389
  • Writing: means handwriting, typewriting, printing, photostating, photographing, photocopying, transmitting by electronic mail or facsimile, and every other means of recording upon any tangible thing, any form of communication or representation, including letters, words, pictures, sounds, or symbols, or combinations thereof, and any record thereby created, regardless of the manner in which the record has been stored. See California Education Code 17581
  • Writing: includes any form of recorded message capable of comprehension by ordinary visual means. See California Education Code 18535