2010 California Code
Health and Safety Code
Article 2. Administration

1572.  (a) The functions and duties of the State Department of
Public Health provided for under this chapter shall be performed by
the California Department of Aging commencing on the date those
functions are transferred from the State Department of Public Health
to the California Department of Aging. The authority, functions, and
responsibility for the administration of the adult day health care
program by the California Department of Aging and the State
Department of Public Health shall be defined in an interagency
agreement between the two departments and the State Department of
Health Care Services that specifies how the departments will work
together.
   (b) The interagency agreement shall specify that the California
Department of Aging is designated by the department as the agency
responsible for community long-term care programs. At a minimum, the
interagency agreement shall clarify each department's
responsibilities on issues involving licensure and certification of
adult day health care providers, payment of adult day health care
claims, prior authorization of services, promulgation of regulations,
and development of adult day health care Medi-Cal rates. This
agreement shall also include provisions whereby the department and
the California Department of Aging shall collaborate in the
development and implementation of health programs and services for
older persons and functionally impaired adults.
   (c) The Director of the California Department of Aging shall make
recommendations regarding licensure to the Licensing and
Certification Division in the State Department of Public Health. The
recommendation shall be based on all of the following criteria:
   (1) An evaluation of the ability of the applicant to provide adult
day health care in accordance with the requirements of this chapter
and regulations adopted hereunder.
   (2) Other criteria that the director deems necessary to protect
public health and safety.



1574.  The state department may delegate to local health departments
the authority to verify compliance with the licensing and approval
provisions of this chapter, and regulations adopted pursuant to this
chapter to provide consultation, and to recommend disciplinary action
by the department against those licensed or approved under the
provisions of this chapter. In exercising the authority so delegated,
the local health department shall conform to the requirements of
this chapter and to the rules and regulations of the state
department. Payment to the local health departments for services
performed pursuant to this section shall be in accordance with a
budget submitted by the local health department and approved by the
state department. Such expenditures shall not exceed amounts
appropriated by the Legislature for the purpose of such inspection
and enforcement.


1574.5.  (a) All adult day health care centers shall maintain
compliance with licensing and certification requirements. These
requirements shall not prohibit program flexibility for the use of
alternate concepts, methods, procedures, techniques, equipment,
number and qualifications of personnel, or the conducting of pilot
projects, if these alternatives or pilot projects are carried out
with provisions for safe and adequate care and with the prior written
approval of the state department. This approval shall provide for
the terms and conditions under which permission to use an alternative
or pilot program is granted. Particular attention shall be given to
encourage the development of models appropriate to rural areas. The
department may allow the substitution of work experience for academic
requirements for the position of program director, administrator, or
activity coordinator.
   (b) The applicant or licensee may submit a written request to the
department for program flexibility, and shall submit with the request
substantiating evidence supporting the request.
   (c) Any approval by the department granted under this section, or
a true copy thereof, shall be posted immediately adjacent to the
center's license.



1574.7.  (a) The department and the licensing agencies with which it
contracts for licensing shall review and make a final determination
within 60 days of an applicant's submission of a complete application
on all applications for a license to operate an adult day health
center if the applicant possesses a current valid license to operate
an adult day health center at another site. Applicants shall note on
the application, or in a cover letter to the application, that they
possess a current valid license at another site, and the number of
that license.
   (b) The department shall request a fire safety clearance from the
appropriate fire marshal within five days of receipt of an
application described in subdivision (a). The applicant shall be
responsible for requesting and obtaining the required criminal record
clearances.
   (c) If the department for any reason is unable to comply with
subdivision (a), it shall, within 60 days of receipt of the
application described in subdivision (a), grant a provisional license
to the applicant to operate for a period not to exceed six months,
except as provided in subdivision (d). While the provisional license
is in effect, the department shall continue its investigation and
make a final determination on the application before the provisional
license expires. The provisional license shall be granted, provided
the department knows of no life safety risks, the criminal records
clearances, if applicable, are complete, and the fire safety
clearance is complete. The director may extend the term of a
provisional license for an additional six months at the time of the
application, if the director determines that more than six months
will be required to achieve full compliance with licensing standards
due to circumstances beyond the control of the applicant, and if all
other requirements for a license have been met.
   (d) If the department does not issue a provisional license
pursuant to subdivision (c), the department shall issue a notice to
the applicant identifying whether the provisional license has not
been issued due to the existence of a life safety risk, lack of a
fire safety clearance, lack of a criminal records clearance, failure
to complete the application, or any combination of these reasons. If
a life safety risk is identified, the risk preventing the issuance of
the provisional license shall be clearly explained. If a lack of the
fire safety clearance is identified, the notice shall include the
dates on which the department requested the clearance and the current
status of that request, and the fire marshal's name and telephone
number to whom a fire safety clearance request was sent. The
department shall identify the names of individuals for whom criminal
records clearances are lacking. If failure to complete the
application is identified, the notice shall list all of the forms or
attachments that are missing or incorrect. This notice shall be sent
to the applicant no later than 60 days after the applicant filed the
application. If the reasons identified in the notice are corrected,
the department shall issue the provisional license within five days
after the corrections are made.
   (e) The department shall, immediately after January 1, 1993,
develop expedited procedures necessary to implement subdivisions (a),
(b), (c), and (d).
   (f) The department shall, immediately after January 1, 1993,
develop an appeal procedure for applicants under this section for
both denial of licenses and delay in processing applications.