QA Frequently Asked Questions

 

What is an Unlicensed Facility?

Answer:

Title 22: 80001 (2)"Unlicensed Community Care Facility" means a facility as defined in Health and Safety Code 1503.5

(A)Health and Safety Code 1503.5: A facility shall be deemed an "unlicensed community care facility" and "maintained and operated to provide non-medical care" if it is unlicensed and not exempt from licensure and any one of the following conditions is satisfied:

The facility is providing "care or supervision", as defined by this chapter or the rules and regulations adopted pursuant to this chapter.
The facility is held out as or represented as providing care and supervision, as defined by this chapter or the rules and regulations adopted pursuant to this chapter.
The facility accepts or retains residents who demonstrate the need for care and supervision, as defined by this chapter or the rules and regulations adopted pursuant to this chapter.
The facility represents itself as a licensed community care facility.
(B) A facility which is providing "care and supervision" as defined in section 80001 (c) (2)

Title 22: 8000 (c)(2)

"Care and Supervision" means any one or more of the following activities provided by a person or facility to meet the needs of the clients:

Assistance in dressing, grooming, bathing and other personal hygiene.
Assistance with taking medication, as specified in section 80075
Central storing and/or distribution of medications, as specified in section 80075
Arrangement of and assistance with medical and dental care.
Maintenance of house rules for the protection of clients.
Maintenance of client schedules and activities.
Maintenance and/or supervision of client cash resources or property.
Monitoring food intake or special diets.
Providing basic services as defined in section 8001b.(2)
Basic Services include:

Twenty four hour supervision
Clean, comfortable, homelike setting
Three nutritious meals a day and between meal snacks
A special diet if prescribed by the physician
Available facilities and assistance as necessary with personal laundry
Assistance as needed for weekly cleaning of consumer’s room
Fresh linen weekly or more often as indicated
Observation of consumer’s general health
Dispensing consumer’s medications
Assistance with obtaining a doctor and medical services as needed
Reminders with self-care as needed
Transportation arrangements for medical appointments or social activities
Title 22: 80005 (a) Unless a facility is exempt from licensure as specified in section 80007, no adult, firm, partnership, association, corporation, county, city, public agency or other government entity shall operate, establish, manage, conduct or maintain a community care facility, or hold out, advertise or represent by any means to do so, without first obtaining a current valid license from the licensing agency. [Exemptions include family members-some school options or house, institution, hotel homeless shelter-that supplies board and room only and provides no element of "care and supervision"]

Title 22: 80006 (b) If a facility is reported to be in violation of section 1503.5 of the health and safety code, the licensing agency shall conduct a site visit and/or evaluation of the facility. . . (c) If the facility is operating without a license, the licensing agency shall issue notice of operation in violation of law and shall refer the case for criminal prosecution and/or civil proceedings-

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