§ 1268.5
374 words·~2 min read·
/ca/health-and-safety-code/1268-5·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Notwithstanding the provisions of Section 1268 requiring full compliance with this chapter and the rules and regulations of the state department as a condition to the issuance of a license or special permit, the state department may issue a provisional license to a health facility except for a health facility defined in subdivisions
(a)and
(b)of Section 1250, if:
(1)The facility and the applicant for licensure substantially meet the standards specified by this chapter and regulations adopted pursuant to this chapter.
(2)No violation of this chapter or regulations adopted pursuant to this chapter exists in the facility which jeopardizes the health or safety of patients.
(3)The applicant has adopted a plan for correction of any existing violations which is satisfactory to the state department.
(b)A provisional license issued under this section shall expire not later than six months after the date of issuance, or at an earlier time as determined by the state department at the time of issuance, and may not be renewed. At the end of the provisional license period under this section or Section 1437 the state department shall assess the facility’s full compliance with licensure requirements. The state department may extend a provisional license for a period of no longer than six months from the time of the extension for one of the following purposes:
(1)Requiring the facility’s full compliance with a plan of correction, which includes time frames, as specified by the state department.
(2)Allowing the provisional licensee to comply with Section 1336.2.
(3)Providing for a change of ownership.
(4)Instituting a receivership of the facility.
The length of the extension period shall be determined by the state department at the time of the issuance of the extension.
(c)The department shall not apply less stringent criteria when issuing a provisional license pursuant to this section than it applies when issuing a license pursuant to Section 1268.
It is the intent of the Legislature in enacting this section to additionally provide for continuity of reimbursement under the Medi-Cal Act, Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of the Welfare and Institutions Code, whenever ownership of a skilled nursing facility or intermediate care facility is transferred.