§ 76201. License Required.
22 CA ADC § 76201Barclays Official California Code of Regulations
22 CCR § 76201
§ 76201. License Required.
(a) No person, firm, partnership, association, corporation, political subdivision of the State or other government agency within the State shall operate or maintain an intermediate care facility for the developmentally disabled, or hold out, represent or advertise by any means that it operates an intermediate care facility for the developmentally disabled without first obtaining a license or provisional license from the Department to do so.
(b) Any skilled nursing facility or intermediate care facility that provides care for the developmentally disabled may use its skilled nursing or intermediate care beds to provide intermediate care for the developmentally disabled without obtaining a certificate of need, a change in license category, or a change in bed classification provided the facility meets all of the following:
(2) Not less than 95 percent of the beds certified for intermediate care for the developmentally disabled are used to provide care to developmentally disabled clients. A bed certified for intermediate care for the developmentally disabled that is occupied by a client who is not developmentally disabled shall be considered as converted to another use.
(3) On and after the effective date of this subsection, no change of ownership has occurred with respect to the facility requiring issuance of a new license, except a change occurring because of a decrease in the number of partners of a licensed partnership or a reorganization of the governing structure of a licensee in which there is no change in the relative ownership interests.
(c) Any facility receiving an exemption under provisions of (b) shall, with respect to beds designated for intermediate care for the developmentally disabled, meet the requirements of California Administrative Code, Title 22, Division 5, Chapter 7, rather than the requirements of those licensing regulations for which its beds are licensed. The license shall reflect exemptions approved under subsection (b).
(1) Any facility conducted by and for the adherents of any well-recognized church or religious denomination for the purpose of providing facilities for the care or treatment of the sick who depend solely upon prayer or spiritual means for healing in the practice of the religion of such church or denomination.
Credits
Note: Authority cited: Section 208 (a), Health and Safety Code. Reference: Sections 1253, 1253.1, and 1270, Health and Safety Code.
This database is current through 5/10/24 Register 2024, No. 19.
Cal. Admin. Code tit. 22, § 76201, 22 CA ADC § 76201
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