DSS released a new chapter to Title 22, chapter 10, titled “Temporary Management of Adult Community Care Facilities and Residential Care Facilities for the Elderly.” The purpose is to ensure residents of care facilities do not suffer an abrupt removal from their “home” because the facility license was temporarily suspended by DSS. The regulations, beginning at 89600, will place a “temporary manager” at the facility who will be empowered to hire, fire, make facility improvements, work toward compliance and/or secure a new facility license.
DSS may have to front some of the expense money to accomplish its goals, but then go after the former licensee for reimbursement. Will this affect a currently operating facility? No. DSS is acting to prevent the removal of clients from a facility that has or is losing its license. Let’s review state law.
If a licensee loses control of property via a sale or other means the license under the law is forfeit and DSS can enact the above chapter to ensure clients are not removed. Never let escrow close on an operating facility until the new owner has obtained a license. See H&S Code 1569.19 and 1569.191.