California Health and Safety Code 1568.296 – (a) (1) If the department determines that a person was …
(a) (1) If the department determines that a person was issued a license under this chapter, 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), Chapter 3.4 (commencing with Section 1596.70), Chapter 3.5 (commencing with Section 1596.90), or Chapter 3.6 (commencing with Section 1597.30), or that the applicant previously was approved as a resource family under Article 2 (commencing with Section 16519.5) of Chapter 5 of Part 4 of Division 9 of the Welfare and Institutions Code, and the prior license was revoked or prior approval was rescinded within the preceding two years, the department shall exclude the person from any medical foster home for veterans licensed by the department pursuant to this chapter.
(2) If the department determines that a person previously was issued a medical foster home for veterans license that was revoked or rescinded by the department within the preceding two years, the department shall exclude the person from any medical foster home for veterans licensed by the department pursuant to this chapter.
Terms Used In California Health and Safety Code 1568.296
- County: includes city and county. See California Health and Safety Code 14
- department: means State Department of Health Services. See California Health and Safety Code 20
- Person: means any person, firm, association, organization, partnership, business trust, corporation, limited liability company, or company. See California Health and Safety Code 19
- Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
(b) If the department determines that a person had previously applied for a license under any of the chapters listed in paragraph (1) of subdivision (a) and the application was denied within the last year, the department shall exclude the person from any medical foster home for veterans licensed by the department pursuant to this chapter and the following:
(1) In a case where an applicant petitions for a hearing, the department shall exclude the person from any medical foster home for veterans licensed by the department pursuant to this chapter until one year has elapsed from the effective date of the decision and department upholding a denial.
(2) In a case where the department or county informs an applicant of their right to petition for a hearing and the applicant does not petition for a hearing, the department shall exclude the person from any medical foster home for veterans licensed by the department pursuant to this chapter until one year has elapsed from the date of the notification of the denial and the right to petition for a hearing.
(c) If the department determines that a person had previously applied for a medical foster home for veterans license and the department ordered the denial of the application, the department shall exclude the person from any medical foster home for veterans licensed by the department pursuant to this chapter and the following:
(1) In a case where an applicant petitions for a hearing, the department shall exclude the person from any medical foster home for veterans licensed by the department pursuant to this chapter until one year has elapsed from the effective date of the decision and department order upholding a denial.
(2) In a case where the department informs an applicant of their right to petition for a hearing and the applicant does not petition for a hearing, the department shall exclude the person from any medical foster home for veterans licensed by the department pursuant to this chapter until one year has elapsed from the date of the notification of the denial and the right to petition for a hearing.
(d) Exclusion or removal of an individual pursuant to this section shall not be considered an order of exclusion for purposes of Section 1568.295 or any other law.
(e) The department may determine not to exclude a person from any medical foster home for veterans licensed by the department pursuant to this chapter if it has determined that the reasons for the denial of the application or revocation of the medical foster home for veterans license, or the denial or rescission of resource family approval, were due to circumstances and conditions that either have been corrected or are no longer in existence.
(Added by Stats. 2022, Ch. 381, Sec. 2. (AB 2119) Effective January 1, 2023.)