(a)A licensee of a residential care facility for persons with chronic, life-threatening illness may request inactive license status for either of the following:
(1)If the facility is nonoperational due to its destruction, significant damage, or prolonged closure due to an emergency or disaster pursuant to Chapter 15 (commencing with Section 1796.80) of Division 2 of the Health and Safety Code.
(2)For any other period of inactivity in the operation of the facility.
(b)For a period of inactivity, as described in paragraph (2) of subdivision (a), the following shall apply:
(1)A licensee shall submit a written request for inactive license status, on a form approved by the department, to the department for review and approval.
(2)The department may impose time limitations on inactive lice
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(a)
A licensee of a residential care facility for persons with chronic, life-threatening illness may request inactive license status for either of the following:
(1)
If the facility is nonoperational due to its destruction, significant damage, or prolonged closure due to an emergency or disaster pursuant to Chapter 15 (commencing with Section 1796.80) of Division 2 of the Health and Safety Code.
(2)
For any other period of inactivity in the operation of the facility.
(b)
For a period of inactivity, as described in paragraph (2) of subdivision (a), the following shall apply:
(1)
A licensee shall submit a written request for inactive license status, on a form approved by the department, to the department for review and approval.
(2)
The department may impose time limitations on inactive license status and identify situations in which inactive license status is not permitted.
(3)
Notwithstanding any other law, the department may waive, in whole or in part, on a year-by-year basis, the annual fee specified in paragraph (1) of subdivision (a) of Section 1568.06 during the period of inactive license status.
(4)
Paragraph (2) of subdivision (a) shall become operative on January 1, 2028.
(c)
A license shall not be valid, for the purposes of subdivision (a) of Section
1568.03, during any period of inactive license status. A licensee shall be responsible for complying with all licensing standards when inactive license status ends. The department’s timeframe for required site visits may be adjusted during the period of inactive license status. However, if the department believes the licensee is operating during a period in which the department has granted inactive license status to the licensee, the department may enter the facility for any inspection permitted by law.
(d)
Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement, interpret, or make specific this section by means of interim licensing standards, which shall have the same force and effect as regulations, until regulations are adopted.