Cal. Health & Saf. Code § 1569.2

Current through the 2024 Legislative Session.

Section 1569.2 - Definitions

As used in this chapter:

(a) "Administrator" means the individual designated by the licensee to act on behalf of the licensee in the overall management of the facility. The licensee, if an individual, and the administrator may be one and the same person.

(b) "Beneficial ownership interest" means an ownership interest through the possession of stock, equity in capital, or any interest in the profits of the applicant or licensee, or through the possession of such an interest in other entities that directly or indirectly hold an interest in the applicant or licensee. The percentage of beneficial ownership in the applicant or licensee that is held by any other entity is determined by multiplying the other entities' percentage of ownership interest at each level.

(c) "Care and supervision" means the facility assumes responsibility for, or provides or promises to provide in the future, ongoing assistance with activities of daily living without which the resident's physical health, mental health, safety, or welfare would be endangered. Assistance includes assistance with taking medications, money management, or personal care.

(d) "Chain" means a group of two or more licensees that are controlled, as defined in this section, by the same persons or entities.

(e) "Control" means the ability to direct the operation or management of the applicant or licensee and includes the ability to exercise control through intermediary or subsidiary entities.

(f) "Department" means the State Department of Social Services.

(g) "Director" means the Director of Social Services.

(h) "Health-related services" mean services that shall be directly provided by an appropriate skilled professional, including a registered nurse, licensed vocational nurse, physical therapist, or occupational therapist.

(i) "Instrumental activities of daily living" means any of the following: housework, meals, laundry, taking of medication, money management, appropriate transportation, correspondence, telephoning, and related tasks.

(j) "License" means a basic permit to operate a residential care facility for the elderly.

(k) "Parent organization" means an organization in control of another organization either directly or through one or more intermediaries.

(l) "Personal activities of daily living" means any of the following: dressing, feeding, toileting, bathing, grooming, and mobility and associated tasks.

(m) "Personal care" means assistance with personal activities of daily living, to help provide for and maintain physical and psychosocial comfort.

(n) "Protective supervision" means observing and assisting confused residents, including persons with dementia, to safeguard them against injury.

(o)

(1) "Residential care facility for the elderly" means a housing arrangement chosen voluntarily by persons 60 years of age or over, or their authorized representative, where varying levels and intensities of care and supervision, protective supervision, or personal care are provided, based upon their varying needs, as determined in order to be admitted and to remain in the facility. Persons under 60 years of age with compatible needs may be allowed to be admitted or retained in a residential care facility for the elderly as specified in Section 1569.316.

(2) This subdivision shall be operative only until the enactment of legislation implementing the three levels of care in residential care facilities for the elderly pursuant to Section 1569.70.

(p)

(1) "Residential care facility for the elderly" means a housing arrangement chosen voluntarily by persons 60 years of age or over, or their authorized representative, where varying levels and intensities of care and supervision, protective supervision, personal care, or health-related services are provided, based upon their varying needs, as determined in order to be admitted and to remain in the facility. Persons under 60 years of age with compatible needs may be allowed to be admitted or retained in a residential care facility for the elderly as specified in Section 1569.316.

(2) This subdivision shall become operative upon the enactment of legislation implementing the three levels of care in residential care facilities for the elderly pursuant to Section 1569.70.

(q) "Sundowning" means a condition in which persons with cognitive impairment experience recurring confusion, disorientation, and increasing levels of agitation that coincide with the onset of late afternoon and early evening.

(r) "Supportive services" means resources available to the resident in the community that help to maintain their functional ability and meet their needs as identified in the individual resident assessment. Supportive services may include any of the following: medical, dental, and other health care services; transportation; recreational and leisure activities; social services; and counseling services.

Ca. Health and Saf. Code § 1569.2

Amended by Stats 2016 ch 86 (SB 1171),s 179, eff. 1/1/2017.

Amended by Stats 2015 ch 628 (AB 601),s 1, eff. 1/1/2016.

Amended by Stats 2003 ch 383 (AB 528), s 2, eff. 1/1/2004.

Pursuant to their own terms, subdivision (k) is operative until the enactment of legislation implementing the three levels of care in residential care facilities for the elderly pursuant to Section 1569.70, and subdivision (l) becomes operative upon the enactment of such legislation.