Administration
Cal. HSC § 1268.5
California Statutes
(
a) Notwithstanding the provisions of
Section 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 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 of Division of the Welfare and Institutions Code, whenever ownership of a skilled nursing facility or intermediate care facility is transferred.