CHAPTER 3.3. California Adult Day Health Care Act [1570. - 1596.5.]

Heading of Chapter 3.3 renumbered from Chapter 3.2 by Stats. 1988, Ch. 160, Sec. 92.

§§ 1570–1596.5 · 58 sections

1. ARTICLE 1. General Provisions §§ 1570–1571 · 5 sections

   • § 1570 This chapter shall be known and may be cited as the California Adult Day Health Care Act.
   • § 1570.2 The Legislature hereby finds and declares that there exists a pattern of overutilization of long-term institutional care for elderly persons or adults with…
   • § 1570.7 As used in this chapter and in any regulations promulgated thereunder: (a) “Adult day health care” means an organized day program of therapeutic, social, and…
   • § 1570.9 In the event of conflict between the provisions of this chapter and the provisions of Chapter 1 (commencing with Section 1200), Chapter 2 (commencing with…
   • § 1571 Nothing in this chapter shall require any county to include adult day health care as a part of the services offered by the county hospital or to otherwise…
2. ARTICLE 2. Administration §§ 1572–1574.7 · 4 sections

   • § 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…
   • § 1574 The state department may delegate to local health departments the authority to verify compliance with the licensing and approval provisions of this chapter,…
   • § 1574.5 (a) All adult day health care centers shall maintain compliance with licensing requirements. These requirements shall not prohibit program flexibility for the…
   • § 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…
3. ARTICLE 3. Licensure §§ 1575–1579 · 15 sections

   • § 1575 No person or public agency within this state shall provide adult day health care in this state, without first obtaining a license therefor as provided in this…
   • § 1575.1 (a) (1) Each applicant for a license to operate an adult day health care center shall disclose to the department the name and business address of each general…
   • § 1575.2 An applicant for initial licensure as an adult day health care center shall file with the department, pursuant to its regulations, an application on forms…
   • § 1575.3 (a) If an adult day health care center or an applicant for a license has not been previously licensed, the department may only issue a provisional license to…
   • § 1575.4 (a) The department may issue a provisional license to an adult day health care center if all of the following conditions are met: (1) The adult day health care…
   • § 1575.45 (a) If the department determines that the adult day health care center operating under a provisional license has serious deficiencies that pose a risk to the…
   • § 1575.6 (a) As a prudent business practice, a licensee shall maintain sufficient financial resources for adult day health care operations to enable each licensed…
   • § 1575.7 (a) (1) The State Department of Public Health, prior to issuing a new license, shall obtain a criminal record clearance for the administrator, program…
   • § 1575.9 Each application for a new license or renewal submitted to the state department shall be accompanied by an annual Licensing and Certification Program fee set…
   • § 1576 The director shall approve an application for a new license if no substantial basis for denial of the license exists under Section 1575.7, and the applicant…
   • § 1576.2 Each license issued or renewed pursuant to this chapter shall not be transferable and the initial license shall expire 12 months from the date of its issuance.…
   • § 1576.5 Immediately upon the denial of any application for issuance or renewal of a license, the state department shall notify the applicant in writing. Not later than…
   • § 1578 A provider may share space with another licensed health facility, community care facility, senior center, or other appropriate structure, upon the approval of…
   • § 1578.1 (a) Notwithstanding subdivisions (b) and (c) of Section 1570.7 or any other provision of law, if an adult day health care center licensee also provides adult…
   • § 1579 (a) A rural alternative adult day health care center shall operate its programs a minimum of three days weekly, unless the program can justify, to the…
4. ARTICLE 4. Standards and Inspection §§ 1580–1584.5 · 12 sections

   • § 1580 The state department shall adopt and may from time to time amend or repeal, in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of…
   • § 1580.1 (a) The State Department of Health Care Services, and as applicable, the State Department of Public Health and the California Department of Aging, may grant to… see note
   • § 1580.2 On or before December 1, 1978, the director shall by regulation adopt an equitable and uniform method of evaluating the quality of care and services provided…
   • § 1580.5 (a) Every adult day health care center shall be periodically inspected and evaluated for quality of care by a representative or representatives designated by…
   • § 1580.9 Any person may request an inspection of any adult day health center in accordance with the provisions of this article by transmitting to the state department…
   • § 1581 Upon receipt of a complaint pursuant to Section 1580.9, the state department shall make a preliminary review. Unless the state department determines that the…
   • § 1581.5 Any duly authorized officer, employee, or agent of the department or the California Department of Aging may, upon presentation of proper identification, enter…
   • § 1582 The state department may provide consulting services upon request to any adult day health center to assist in the identification or correction of deficiencies…
   • § 1582.5 Reports on the results of each inspection, evaluation, or consultation performed pursuant to this article shall be kept on file in the state department, and…
   • § 1583 The director shall publish and make available to interested persons a list of all licensed adult day health centers, the services which each such facility…
   • § 1584 (a) An adult day health care center that provides care for adults with Alzheimer’s disease and other dementias may install for the safety and security of those…
   • § 1584.5 Every adult day health care center shall, for the purpose of addressing issues that arise when an adult day health care participant is missing from the…
5. ARTICLE 5. Additional Requirements §§ 1585–1586.7 · 6 sections

   • § 1585 No member of the governing board of an adult day health center, nor any member of the immediate family of that board member, may have any direct or indirect…
   • § 1585.2 (a) Any operator of a health facility licensed to provide adult day health care under this chapter shall provide that adult day health care as a separate…
   • § 1585.5 Adult day health care centers shall provide services to each participant pursuant to an individual plan of care designed to maintain or restore each…
   • § 1586 No adult day health center shall refuse to provide adult day care health services to any person on the basis that service to such person will be reimbursed…
   • § 1586.6 Adult day health care centers may not require family members to attend the center or assist the participant with activities of daily living while at the center.
   • § 1586.7 (a) Adult day health care centers may not discriminate because of race, color, creed, national origin, sex, sexual orientation, or physical or mental…
6. ARTICLE 5.5. Grants-in-Aid Program §§ 1588–1589.5 · 7 sections

   • § 1588 (a) The state department shall, subject to the availability of funds appropriated therefor, conduct a grants-in-aid program for the following purposes: (1) To…
   • § 1588.2 Eligibility for grants pursuant to this article shall be limited to any public or private nonprofit agency. As a condition of making a grant, the director…
   • § 1588.3 The grant amount available from funds appropriated through the Budget Act for the Adult Day Health Care Program shall not exceed one hundred twenty-five…
   • § 1588.5 In developing policies and priorities pertaining to the allocation of grant funds, the department shall give primary consideration to the following factors:…
   • § 1588.7 (a) The department, unless otherwise specified in the interagency agreement entered into pursuant to Section 1572 or pursuant to annual Budget Act…
   • § 1589 Subject to the appropriation of funds pursuant to the annual Budget Act, the department may establish planning and development grants for public or private…
   • § 1589.5 State administrative costs on grants issued pursuant to this article shall not exceed 10 percent of the amount of the grants.
7. ARTICLE 6. Denial, Suspension, and Revocation §§ 1590–1591.5 · 4 sections

   • § 1590 The state department may suspend or revoke any license issued under the provisions of this chapter upon any of the following grounds and in the manner provided…
   • § 1590.5 Proceedings for the suspension, revocation, or denial of a license under this article shall be conducted in accordance with Section 100171. Except as provided…
   • § 1591 (a) When the director intends to seek the suspension or revocation of a license, the director shall notify the licensee of the proposed suspension or…
   • § 1591.5 The withdrawal of an application for a license after it has been filed with the state department shall not, unless the state department consents in writing to…
8. ARTICLE 7. Offenses §§ 1595–1596.5 · 5 sections

   • § 1595 Any license revoked pursuant to this article may be reinstated pursuant to the provisions of Section 11522 of the Government Code.
   • § 1595.2 Any person who negligently, repeatedly, or willfully violates any of the provisions of this chapter, or regulations adopted pursuant to this chapter, is guilty…
   • § 1595.5 The director may bring an action to enjoin the violation or threatened violation of Section 1575 in the superior court in and for the county in which the…
   • § 1596 Any action brought by the director against an adult day health center shall not abate by reason of a sale or other transfer of ownership of the adult day…
   • § 1596.5 The district attorney of every county shall, upon application by the state department or its authorized representative institute and conduct the prosecution of…