1568.24. (a) A person seeking a license for a medical foster home for veterans under this chapter shall file with the department, pursuant to rules, regulations, and written directives, an application that shall include, but not be limited to, all of the following:
(1) Evidence satisfactory to the department of the applicant’s ability to comply with this chapter and the rules, regulations, and written directives adopted pursuant this chapter.
(2) Evidence satisfactory to the department that the applicant remains in good standing with the United States Department of Veterans Affairs.
(3) Evidence satisfactory to the department that the applicant is of reputable and responsible character. The evidence shall include, but not be limited to, a criminal record clearance, employment history, and character references.
(4) Evidence satisfactory to the department that the applicant has sufficient financial resources to maintain the standards of service required by the rules, regulations, and written directives adopted pursuant to this chapter.
(5) Disclosure of the applicant’s prior or present service as a licensee, administrator, general partner, corporate officer or director of, or as a person who has held or holds a beneficial ownership of 10 percent or more in a residential care facility or in a clinic or facility licensed pursuant to Chapter 1 (commencing with Section 1200), Chapter 2 (commencing with Section 1250), Chapter 3 (commencing with Section 1500), Chapter 3.01 (commencing with Section 1568.01), Chapter 3.2 (commencing with Section 1569), Chapter 3.3 (commencing with Section 1570), or Chapter 3.4 (commencing with Section 1596.70).
(6) Disclosure of any revocation or other disciplinary action taken, or in the process of being taken, against a license held or previously held by the entities specified in paragraph (5).
(7) Disclosure of any revocation, or any revocation action in process, against a license or certification previously held or held by a licensed or certified health care professional.
(8) Any other information as may be required by the department for the proper administration and enforcement of this chapter.
(b) Failure of the applicant to cooperate with the department in the completion of the application may result in the denial of the application. Failure to cooperate means that the information described in this section and in the rules, regulations, and written directives adopted pursuant to this chapter has not been provided or has not been provided in the form requested by the department.
(c) The information required by this section shall be provided to the department upon initial application for licensure, and a change in the information shall be provided to the department within 30 calendar days of that change unless a shorter timeframe is required by the department.
(d) The department may deny an application for licensure or may subsequently revoke a license issued under this chapter if the applicant knowingly withheld material information or made a false statement of material fact with regard to information that was required by the application for licensure.
(e) The department shall notify the applicant in writing of its decision within 60 days of receipt of all information from the applicant and other sources determined necessary by the department for the rendering of a decision pursuant to this section.
(f) The department may cease further review of an application if, after written notice to the applicant, the applicant fails to complete an application without good faith effort and within 30 days of the date of the notice, as specified in the rules, regulations, and written directives adopted pursuant to this chapter.
(g) An applicant who withdraws an application prior to its approval or denial may resubmit the application within 12 months after the withdrawal. The cessation of an application review pursuant to this section shall not constitute a denial of the application for purposes of this section or any other law.
(h) An application fee of eighty-eight dollars ($88) shall be charged by the department for the issuance of a license. The fees are for the purpose of financing the activities specified in this chapter.
(i) Upon the complete filing of the application for issuance of a license, the department shall contact the applicant to arrange a time for the department to conduct a prelicensure inspection.
(j) Upon the complete filing of the application for issuance of a license and substantial compliance with this chapter and the rules, regulations, and written directives adopted pursuant to this chapter, the department may issue a license to the applicant to operate a medical foster home for veterans. If the department finds that the applicant is not in compliance with this chapter or the rules, regulations, or written directives adopted pursuant to this chapter, the department shall deny the applicant a license.
(k) Immediately upon the denial of an application for a license, the department shall notify the applicant in writing. Within 15 days after the department mails a notice of denial, the applicant may present their written petition for a hearing to the department. Upon receipt by the department of the petition in proper form, the petition shall be set for hearing.
(Added by Stats. 2022, Ch. 381, Sec. 2. (AB 2119) Effective January 1, 2023.)
Structure California Code