BlackletterCalifornia law

CHAPTER 13. Home Care Services [1796.10. - 1796.70.]

Chapter 13 added by Stats. 2013, Ch. 790, Sec. 1.

§§ 1796.10–1796.70 · 47 sections

  1. ARTICLE 1. General Provisions §§ 1796.10–1796.12 · 3 sections
    • § 1796.10 This chapter shall be known, and may be cited, as the Home Care Services Consumer Protection Act.
    • § 1796.11 The State Department of Social Services shall administer and enforce this chapter.
    • § 1796.12 For purposes of this chapter, the following definitions shall apply: (a) “Affiliated home care aide” means an individual, 18 years of age or older, who is…
  2. ARTICLE 2. Registry and Exemptions §§ 1796.14–1796.18 · 5 sections
    • § 1796.14 (a) Individuals who are not employed by a home care organization but who provide home care services to a client may be listed on the home care aide registry.…
    • § 1796.15 This chapter shall not prohibit an individual from employing an individual not listed on the home care aide registry to provide home care services. The…
    • § 1796.16 (a) A registered home care aide may provide home care services to more than one child for a family, but may not provide home care services for a child or…
    • § 1796.17 (a) Each home care organization shall be separately licensed. This chapter does not prevent a licensee from obtaining more than one home care organization…
    • § 1796.18 (a) The department may prohibit an individual from becoming a registered home care aide, or remaining registered on the home care aide registry, if the…
  3. ARTICLE 3. Home Care Aide Applicants § 1796.19 · 1 section
    • § 1796.19 (a) The department shall consider, but is not limited to, the following when determining whether to approve a registration application: (1) Evidence…
  4. ARTICLE 4. Registration §§ 1796.21–1796.29 · 8 sections
    • § 1796.21 A registered home care aide shall be 18 years of age or older.
    • § 1796.22 Any individual who has submitted a home care aide application and who possesses any one of the following identification cards may initiate a background…
    • § 1796.23 (a) Each person initiating a background examination to be a registered home care aide shall submit their fingerprints to the Department of Justice by…
    • § 1796.24 (a) (1) The department shall establish a home care aide registry pursuant to this chapter and shall continuously update the registry information. Upon…
    • § 1796.25 (a) (1) If the department finds that the home care aide applicant or the registered home care aide has been convicted of a crime, other than an infraction, the…
    • § 1796.26 (a) (1) The department may revoke or deny a registered home care aide’s registration or request for registration renewal if any of the following apply to the…
    • § 1796.28 (a) The Department of Justice shall maintain and continually update pertinent criminal offender record information of registered home care aides and shall…
    • § 1796.29 The department shall do all of the following in the administration of the home care aide registry: (a) Establish and maintain on the department’s Internet Web…
  5. ARTICLE 5. Renewal § 1796.31 · 1 section
    • § 1796.31 (a) To remain on the home care aide registry, a registered home care aide shall renew his or her registration every two years. (1) A registered home care…
  6. ARTICLE 6. Licensure of Home Care Organizations §§ 1796.32–1796.41 · 9 sections
    • § 1796.32 Any individual who has submitted an application and who possesses any one of the following identification cards may initiate a background examination to be a…
    • § 1796.33 In order to obtain a home care organization license, the following individual or individuals shall consent to the background examination described in Section…
    • § 1796.34 (a) A person or a private or public organization, with the exception of any person who performs in-home supportive services through the In-Home Supportive…
    • § 1796.35 (a) Subject to the exceptions set forth in Section 1796.17, an individual, partnership, corporation, limited liability company, joint venture, association, or…
    • § 1796.36 (a) A home care organization that has its principal place of business in another state, in addition to the other requirements of this chapter, before arranging…
    • § 1796.37 (a) The department may issue a home care organization license to a home care organization applicant that satisfies the requirements set forth in this chapter,…
    • § 1796.38 The department may deny an application for licensure or suspend or revoke any license issued pursuant to this chapter, pursuant to Sections 1550.5 and 1551 and…
    • § 1796.40 (a) (1) If an application for a home care organization license indicates, or the department determines during the application review process, that the home…
    • § 1796.41 (a) (1) If the department determines that a person was issued a license pursuant to this chapter or Chapter 1 (commencing with Section 1200), Chapter 2…
  7. ARTICLE 7. Home Care Organization Operating Requirements §§ 1796.42–1796.43 · 2 sections
    • § 1796.42 A home care organization licensee shall do all of the following: (a) Post its license, business hours, and any other information required by the department in…
    • § 1796.43 (a) Home care organizations that employ affiliated home care aides shall ensure the affiliated home care aides are cleared on the home care aide registry…
  8. ARTICLE 8. Affiliated Home Care Aides §§ 1796.44–1796.45 · 2 sections
    • § 1796.44 (a) A licensee shall ensure that prior to providing home care services, an affiliated home care aide shall complete the training requirements specified in this…
    • § 1796.45 (a) Affiliated home care aides hired on or after January 1, 2016, shall submit to an examination 90 days prior to employment, or within seven days after…
  9. ARTICLE 9. Revenues §§ 1796.47–1796.49 · 3 sections
    • § 1796.47 (a) (1) Administration of this program shall be fully supported by fees and not civil penalties. The department shall assess fees for home care organization…
    • § 1796.48 (a) The department may charge a nonrefundable application and nonrefundable renewal fee to become a registered home care aide and to renew a registered home…
    • § 1796.49 (a) (1) A home care organization applicant or home care organization licensee shall pay all of the following fees: (A) A nonrefundable 24-month initial license…
  10. ARTICLE 10. Complaints, Inspections, and Investigations §§ 1796.51–1796.54 · 4 sections
    • § 1796.51 In order to carry out the provisions of this chapter, the department may establish procedures for the receipt, investigation, and resolution of complaints…
    • § 1796.52 (a) The department may review and, if it determines necessary, investigate complaints filed against home care organizations regarding violations of this…
    • § 1796.53 A duly authorized officer, employee, or agent of the department may, upon presentation of proper identification, enter a home care organization during posted…
    • § 1796.54 (a) (1) The department may prohibit an individual from serving as a member of the board of directors or governing body, an executive director, an officer, or…
  11. ARTICLE 11. Enforcement §§ 1796.55–1796.59 · 4 sections
    • § 1796.55 (a) A home care organization that operates in violation of any requirement or obligation imposed by this chapter or any rule or regulation promulgated pursuant…
    • § 1796.57 It is a misdemeanor for a person to falsely represent or present himself or herself as a home care aide applicant or registered home care aide.
    • § 1796.58 Any person who violates this chapter, or who willfully or repeatedly violates a rule or regulation promulgated under this chapter, is guilty of a misdemeanor…
    • § 1796.59 (a) Notwithstanding any other provision of this chapter, the district attorney of every county, and city attorneys in cities that have city attorneys who have…
  12. ARTICLE 12. Operation §§ 1796.61–1796.70 · 5 sections
    • § 1796.61 (a) This chapter shall be implemented on January 1, 2016. (b) Home care organization applicants and home care aide applicants who submit applications prior to…
    • § 1796.62 This chapter and any rules and regulations promulgated pursuant to this chapter shall only be implemented to the extent that funds are made available through…
    • § 1796.63 (a) The department shall adopt, amend, or repeal, in accordance with Chapter 3.5 (commencing with Section 11340) of the Government Code, any reasonable rules,…
    • § 1796.64 (a) A licensee of a home care organization may request inactive license status if the home care organization is nonoperational due to its destruction,…
    • § 1796.70 For purposes of this chapter, “rehabilitation innovation center” means a not-for-profit or government-owned rehabilitation facility that meets all of the…