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22 CCR Hospice Agencies (DPH-18-002E, eff. 6/22/2026)

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22 CCR Hospice Agencies (DPH-18-002E, eff. 6/22/2026) active

Hospice Agencies — Emergency Regulatory Text

Jurisdiction: CA Agency: California Department of Public Health
HOSPICE (100%)
Plain-English summary

This California Department of Public Health emergency regulatory text establishes the definitions and general licensing requirements for hospice agencies operating under Title 22, Chapter 6.5. It sets out detailed application content requirements—including ownership disclosures, financial documentation, insurance, personnel qualifications, geographic service area, and Medicare/Medi-Cal enrollment forms—that applicants must submit to obtain or maintain a hospice license. Licensees must post their license conspicuously, submit to announced or unannounced inspections, and provide the Department full access to records and personnel. Health facilities and home health agencies must obtain a separate hospice license to operate a hospice agency.

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Regulation text
DPH-18-002E 
Hospice Agencies 
Current as of 6/22/2026 
 
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Title 22. Social Security 
Division 5. Licensing and Certification of Health Facilities, Home Health 
Agencies, Clinics, and Referral Agencies 
Chapter 6.5. Hospice 
Article 1. Definitions 
 
Adopt section 74800 to read as follows: 
Section 74800. Definitions. 
(a) The definitions included here apply to this chapter as follows: 
(1) Words will have their usual meaning unless the context or a definition clearly 
indicates a different meaning. Words used in the present tense include the future, words 
in the singular number include the plural number, and words in the plural number 
include the singular number. Must and will means mandatory. May means permissive. 
Should means suggested or recommended. 
(2) “Addendum” means new documentation added to a patient’s medical record by 
authorized hospice personnel after the time of original entry. 
(3) “Administrator” means an individual who is appointed in writing by the governing 
body of the hospice to organize and direct the services and functions of the hospice. 
(4) “Administrator Designee” means an individual who is appointed in writing by the 
hospice Administrator and who assumes the same responsibilities and obligations of the 
Administrator when the Administrator is not available. 
(5) “Applicant” means any of the following: 
(A) An entity that is applying for a license to the Department to operate a hospice 
pursuant to Health and Safety Code section 1747. 
(B) A current licensee who is applying for a report of changes, or a license suspension 
reinstatement or an addition of a multiple location. 
(C) A prospective licensee who is applying for a change of ownership to assume control 
of the hospice from the current licensee. 
(6) “Application” means a required form provided by the Department which is required to 
be submitted to obtain or maintain a license. 
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(7) “Attending physician” means the physician chosen by the patient or the patient’s 
representative to be responsible for the medical treatment of the patient or a physician 
designated by the attending physician to act on the attending physician’s behalf while 
the attending physician is not available. 
(8) “Authenticate” means proof of authorship or identity from an individual who is 
authorized by the hospice administrator to make entries into patient medical records, 
ensuring that the content of entries accurately reflects what the author intended. 
(9) “Authorized individuals” means: 
(A) Hospice personnel involved in the direct care of a patient. 
(B) Representatives of the Department. 
(C) A person who is authorized to receive medical information pursuant to Civil Code 
Division 1, Part 2.6, Civil Code 56.05(b), 56.10, and 56.20. 
(10) “Beneficial ownership interest” means any of the following: 
(A) The possession of an ownership interest by an entity, including a combination of 
direct and indirect ownership interests, totaling more than five percent but less than 50 
percent in any hospice. 
(B) An ownership interest totaling more than five percent but less than 50 percent in any 
mortgage, deed of trust, note, or other obligation secured by an entity, if that interest 
equals at least five percent of the value of the property or assets of the hospice. 
(C) The following individuals are deemed to have a beneficial ownership interest: 
(i) An officer or director of a licensed hospice or applicant for licensure of a hospice that 
is organized as a corporation. 
(ii) A partner in a licensed hospice or applicant for licensure of a hospice that is 
organized as a partnership. 
(iii) A member of a licensed hospice or applicant for licensure of a hospice that is 
organized as a limited liability company. 
(11) “Bereavement services” has the meaning set forth in Health and Safety Code 
section 1746(a). 
(12) “Business entity” means an entity who holds an active status with the California 
Secretary of State, including a domestic corporation, foreign corporation, limited liability 
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company, foreign limited liability company, limited partnership, or foreign limited 
partnership. 
(13) “Business hours” means the hours during the day in which the hospice agency 
office is open and available to the public. Business hours must be scheduled on a 
consistent basis in terms of hours and days of operation in accordance with the 
operational needs of the hospice. 
(14) “Comprehensive assessment” has the meaning set forth in Title 42 of the Code of 
Federal Regulations section 418.3. 
(15) “Day” means a calendar day, unless otherwise specified in this chapter. A calendar 
day includes weekends and holidays. 
(16) “Department” means the California Department of Public Health. 
(17) “Director of Patient Care Services” means a licensed registered nurse who is 
appointed in writing by the governing body of the hospice to be responsible for clinical 
direction and supervision of patient care services. 
(18) “Director of Patient Care Services Designee” means a licensed registered nurse 
who is appointed in writing by the hospice Administrator and who assumes the same 
responsibilities and obligations of the Director of Patient Care Services when the 
Director of Patient Care Services is not available. 
(19) “Double billing” or “excessive billing” means any of the following: 
(A) Billing Medicare or Medi-Cal multiple times for the same service or item. 
(B) Billing multiple government programs for the same service or item. 
(C) Billing the same service or item to a government program and a private healthcare 
insurer. 
(20) “Electronic health record” means a patient’s health record stored in an electronic 
health record system and maintained by the hospice which can be shared with other 
health care providers involved in the patient’s care. 
(21) “Entity” means any of the following: 
(A) Individual. 
(B) Corporation. 
(C) Partnership. 
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(D) Limited liability company. 
(E) Firm. 
(F) Association. 
(G) Organization. 
(H) Business trust. 
(I) Public agency. 
(J) Company. 
(22) “Established place of business” means unshared office space located in a 
commercial building. 
(23) “Geographic service area” means the county or counties approved by the 
Department in which the parent hospice, including all multiple locations if any, is 
licensed to provide hospice services to patients. 
(24) “Hospice” means an individual hospice, including any approved multiple locations, 
licensed by the Department and has the meaning set forth in Health and Safety Code 
section 1746(d). 
(25) “Hospice management personnel” or “management personnel” means the key 
positions responsible for overseeing the hospice, including, but not limited to, the: 
(A) Administrator. 
(B) Administrator Designee. 
(C) Director of Patient Care Services. 
(D) Director of Patient Care Services Designee. 
(E) Medical Director. 
(F) Medical Director Designee. 
(26) “Hospice physician” or “physician” means an individual licensed as a physician and 
surgeon by the Medical Board of California or by the Osteopathic Medical Board of 
California who is employed or contracted by a hospice. 
(27) “Hospice services” mean types of services provided by a hospice as set forth in 
Health and Safety Code section 1746 and Title 42 of the Code of Federal Regulations 
section 418.64. 
(28) “Immediate family member” means any of the following: 
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(A) Spouse or a registered domestic partner or cohabitant. 
(B) Natural or adoptive parent. 
(C) Grandparent or great grandparent. 
(D) Child or grandchild. 
(E) Sibling or half-sibling. 
(F) Stepparent, stepchild, stepsibling, or step-grandchild. 
(G) Mother-in-law or father-in-law. 
(H) Brother-in-law or sister-in-law. 
(I) Daughter-in-law or son-in-law. 
(J) Aunt or uncle. 
(K) Niece or nephew. 
(L) First cousin 
(29) “Immediate jeopardy” means a situation in which the licensee’s noncompliance with 
one or more requirements of licensure has caused, or is likely to cause, serious injury or 
death to the patient. 
(30) “Initial assessment” has the meaning set forth in Title 42 of the Code of Federal 
Regulations section 418.3. 
(31) “Interdisciplinary team” means the hospice care team that includes, but is not 
limited to: 
(A) A physician and surgeon. 
(B) A registered nurse. 
(C) A social worker, marriage and family therapist, or a mental health counselor. 
(D) A volunteer. 
(E) A spiritual counselor. 
(F) The patient. 
(G) The patient’s family, if they so desire. 
(H) The patient’s representative, if applicable, if they so desire. 
(I) The patient’s caregiver, if applicable, if they so desire. 
(32) "Involuntary suspension" means an enforcement action initiated by the Department 
to suspend a licensee's privilege to operate a hospice. 
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(33) “License” means the document issued by the Department permitting the operation 
of a hospice. This document constitutes the authority to accept patients and to perform 
the services as specified on the hospice license. 
(34) “Licensee” means an applicant to whom a license has been issued by the 
Department to operate a hospice in the State of California. 
(35) “Licensed vocational nurse” means an individual who is licensed as a licensed 
vocational nurse by the State of California Board of Vocational Nursing and Psychiatric 
Technicians. 
(36) “Medical direction” has the meaning set forth in Health and Safety Code section 
1746(h). 
(37) “Medical Director” means an individual who is licensed as a physician and surgeon 
by the Medical Board of California or by the Osteopathic Medical Board of California 
who is appointed in writing by the governing body of the hospice to be responsible for 
the overall medical direction of the hospice. 
(38) “Medical Director Designee” means an individual who is licensed as a physician 
and surgeon by the Medical Board of California or by the Osteopathic Medical Board of 
California who is appointed in writing by the hospice Administrator and who assumes 
the same responsibilities and obligations of the Medical Director when the Medical 
Director is not available. 
(39) “Medical record” or “patient medical record” means documentation of all clinical 
services provided to a patient in the hospice. A medical record may be a hard copy 
document or electronic record, including a hard or electronic copy of original content. 
(40) “Multiple location” has the meaning set forth in Health and Safety Code section 
1746(i). 
(41) “Ownership interest” means the possession of equity in capital, stock, principal 
property, assets, or profits of a licensed hospice. An ownership interest may be either 
direct or indirect. 
(A) A direct ownership interest is an ownership interest in the licensed hospice, 
applicant for licensure, or licensee of a hospice. 
(B) An indirect ownership interest is an ownership interest in an entity that itself has an 
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ownership interest in a licensed hospice, applicant for licensure, or licensee of a 
hospice. 
(42) “Palliative care” has the meaning set forth in Health and Safety Code section 
1746(j). 
(43) “Parent hospice” or “parent agency” has the meaning set forth in Health and Safety 
Code section 1746(k). 
(44) “Patient” means an individual receiving palliative treatment for management of a 
terminal illness and its related conditions. 
(45) “Patient’s representative” or “representative” has the meaning set forth in Health 
and Safety Code section 1751.100(b)(1). For the purposes of this chapter, “a person 
delegated by the patient” includes, but is not limited to: 
(A) A guardian. 
(B) A conservator. 
(C) A patient selected representative who participates in making decisions related to the 
patient’s care or well-being, including but not limited to, a family member or advocate for 
the patient. 
(46) "Personnel" means individuals employed, contracted, or compensated by the 
hospice. 
(47) “Plan of care” has the meaning set forth in Health and Safety Code section 1746(l). 
(48) “Primary caregiver” or “caregiver” means a person not employed by the hospice but 
designated by the patient or patient’s representative as responsible for ensuring the 
day-to-day needs of the patient are met. 
(49) “Registered nurse” means an individual licensed as a registered nurse in the State 
of California by the Board of Registered Nursing. 
(50) “Representative of the Department” means a representative appointed or 
contracted by the Department to inspect a hospice. 
(51) “Residence” means wherever the patient lives, including temporary or permanent 
stays in health or community care facilities. 
(52) “Rural area” means any county within the State of California that has a population 
of less than 150,000 people, which includes all of the following counties as of January 1, 
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2025: 
(A) Alpine County. 
(B) Amador County. 
(C) Calaveras County. 
(D) Colusa County. 
(E) Del Norte County. 
(F) Glenn County. 
(G) Humboldt County. 
(H) Inyo County. 
(I) Lake County. 
(J) Lassen County. 
(K) Mariposa County. 
(L) Mendocino County. 
(M) Modoc County. 
(N) Mono County. 
(O) Napa County. 
(P) Nevada County. 
(Q) Plumas County. 
(R) San Benito County. 
(S) Sierra County. 
(T) Siskiyou County. 
(U) Sutter County. 
(V) Tehama County. 
(W) Trinity County. 
(X) Tuolumne County. 
(Y) Yuba County. 
(53) “Significant business transaction” means any business transaction or series of 
transactions that involve health care services, goods, supplies, or merchandise related 
to the provision of services to Medi-Cal beneficiaries that, during any one fiscal year, 
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exceed the lesser of $25,000 or five percent of an applicant’s or provider’s total 
operating expenses. 
(54) “Subcontractor” means either of the following: 
(A) An entity to which the applicant has contracted or delegated some of its 
management functions or responsibilities of providing healthcare services, equipment or 
supplies to its patients. 
(B) An entity with whom the applicant has entered into a contract, agreement, purchase 
order, lease, or leases of real property, to obtain space, supplies, equipment, or 
services provided under the Medi-Cal Program. 
(55) “Terminal illness” or “terminal disease” has the meaning set forth in Health and 
Safety Code section 1746(p). 
(56) “Unmet need” means there is a population of terminally ill patients in a county who 
are likely eligible for hospice care for which the existing hospices in the county are not 
able to provide care. 
(57) “Upcoding” means a form of medical billing fraud in which a healthcare provider 
submits a code for diagnosis, an item, or service that is reimbursable at a higher rate 
than the item or service that was actually rendered or condition that was diagnosed. 
(58) “Wholly owned supplier” means a supplier whose total ownership interest is held by 
the applicant or another entity with an ownership interest or control interest, or both, in 
the applicant. 
 
Note: Authority cited: Sections 1753, 1753.1, 131000, 131050, 131051, and 131200, 
Health and Safety Code. 
Reference: Sections 20, 1201, 1253.2, 1253.3, 1266.5, 1746, 1746.50, 1746.52, 1747, 
1747.1, 1747.3, 1747.5, 1748, 1749, 1749.5, 1750, 1751, 1751.100, 1751.5, 1751.75, 
1752, 1752.1, 1753, 1753.1, 1754, 1755, 1756, and 18004.6, Health and Safety Code. 
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Article 2. License 
 
Adopt section 74804 to read as follows: 
Section 74804. General Licensing Requirements. 
(a) An applicant for initial licensure must not admit patients, advertise services, or 
initiate services until the application process required in section 74812 is complete and 
the applicant is granted a license by the Department. 
(b) The licensee must: 
(1) Retain a current copy of the license issued by the Department. 
(2) Conspicuously post an unaltered copy of the license in a location accessible to 
public view within the hospice’s established place of business. 
(c) Licensed health facilities, as defined in Health and Safety Code section 1250, or 
home health agencies, as defined in Health and Safety Code section 1727, must obtain 
a separate license to operate a hospice agency pursuant to this chapter. 
 
Note: Authority cited: Sections 1753, 1753.1, 131000, 131050, and 131200, Health and 
Safety Code. 
Reference: Sections 1748, 1749, 1751.5, and 1752, Health and Safety Code. 
 
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Adopt section 74808. Inspection. 
Section 74808. Inspection. 
(a) A hospice is subject to inspection by a representative of the Department prior to 
issuance of a license and during licensure to ensure compliance with, or to prevent a 
violation of, Health and Safety Code Division 2, Chapter 8.5, and Title 22 of the 
California Code of Regulations Division 5, Chapter 6.5. 
(b) Inspections may be unannounced. 
(c) Inspections may occur any time. 
(d) The hospice must provide the Department access to the hospice upon presentation 
of valid identification from any representative of the Department assigned to conduct the 
inspection. A hospice that fails to provide access during the inspection is subject to 
denial, suspension, or revocation of its hospice license. 
(e) The hospice must make available all requested written and electronic documents, 
forms, records, or files of the licensee for the Department to inspect, photocopy, or 
scan. This includes, but is not limited to: 
(1) Patient medical records. 
(2) Billing records. 
(3) Credentialing and privileging documentation. 
(4) Personnel records. 
(5) Payroll records. 
(6) Training records. 
(7) Policies and procedures. 
(8) Incident reports. 
(9) Equipment maintenance records. 
(10) Contracts. 
(f) The hospice must provide the Department all necessary passwords and 
authorizations and enable systems required for the Department to access electronic 
information. 
(g) The hospice must allow the Department to: 
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(1) Interview patients, patient representatives, the hospice applicant or licensee, the 
governing body, the hospice owners, officials, hospice management personnel, and 
other personnel. 
(2) Seek patient consent to conduct on-site observation of patient care where the care is 
provided. 
 
Note: Authority cited: Sections 1753, 1753.1, 131000, 131050, 131051, and 131200, 
Health and Safety Code. 
Reference: Section 1747, 1747.3, 1751.5, 1752, and 1755, Health and Safety Code. 
 
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Adopt section 74812 to read as follows: 
Section 74812. Content of Application. 
(a) An applicant must submit a complete application and licensing fees to the 
Department to commence the application process to obtain a license. The applicant 
must use the most recent versions of all application forms as applicable when 
completing an application for initial licensure, initial licensure to add a multiple location, 
license suspension reinstatement, or another change as specified in section 74828. 
(b) The application must include a cover letter which must include the following based 
on the application type: 
(1) The current name of the hospice. 
(2) The hospice’s license number, if applicable. 
(3) A brief explanation of why the application is being submitted to the Department. 
(4) Contact information for the applicant, including, but not limited to, name, title, phone 
number, and email address. 
(5) Emergency contact information which the Department may use to contact the 
provider 24 hours a day, seven days a week, in the event of an emergency. Contact 
information includes, but is not limited to, name, email, alternate email, phone number, 
fax, and a phone number that will receive text messages. 
(6) Signature of the applicant. 
(7) The proposed name for the hospice, if altering due to a change of ownership. 
(c) The applicant must provide the following information in the application: 
(1) The applicant’s legal name as reported to the Internal Revenue Service (IRS), 
physical address, mailing address, phone number, primary and alternate email 
addresses, and website, if applicable. The applicant must also provide their legal name 
as filed with the California Secretary of State, if different from the legal name reported to 
the Internal Revenue Service. 
(2) The type of license the applicant is applying for, whether an initial licensure, addition 
of a multiple location, change of ownership, license suspension reinstatement, or report 
of change as specified in section 74828. 
(3) The name of the hospice. 
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(4) The current physical and mailing address of the hospice. If the application is 
reporting a change of mailing address, the applicant must also provide the proposed 
mailing address of the hospice. If the application is reporting a change of location, the 
applicant must also provide the proposed physical address of the hospice. 
(5) The age range of patients the hospice plans to admit at the time of the licensure. 
(6) Business days and hours of operation of the hospice agency’s commercial office. 
(7) If the hospice is under construction, the application must include the following: 
(A) A certificate of occupancy. 
(B) A copy of the construction approval form issued by the Department of Health Care 
Access and Information. 
(C) The actual or estimated dates of construction commencement and completion. 
(8) One form of current and valid photo identification which verifies that the individual 
completing the application is age 18 years or older. Proof of identity includes, but is not 
limited to, a driver’s license or state identification card issued by the Department of 
Motor Vehicles, United States or foreign passport or passport card, or United States 
military card or military dependent’s ID card. 
(9) The taxpayer identification number or federal employer identification number or both 
published by the Internal Revenue Service under the legal name of the applicant, or the 
social security number issued under the legal name of the applicant. 
(10) Whether the applying entity is a for-profit corporation; general partnership; city, 
county, state, public, or another governmental agency; limited liability company; limited 
liability partnership; limited partnership; corporation, unincorporated association, 
charitable, religious, or another type of nonprofit; sole proprietorship who is an 
individual; or other entity type specified by the applicant. Applicants must also provide 
the following, if applicable: 
(A) Filing statements endorsed by the California Secretary of State containing the date 
when the business was created, the business entity type, and the business entity 
number, if the applicant is applying as a business entity. 
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(B) A signed copy of articles of incorporation and by-laws, if the applicant is an 
incorporated entity. A copy of the Internal Revenue Service 501(c)(3) determination 
letter is required for all nonprofit corporations. 
(C) A signed copy of articles of organization and an operating agreement, if the 
applicant is a limited liability company. 
(D) A copy of the partnership agreement if the applicant is a partnership. 
(E) A copy of the signed resolution if the applicant is applying as a public agency. 
(11) A copy of the proposed or existing organizational chart displaying the names of the 
individuals or entities having authority or responsibility for the operation of the agency. 
(12) If there is a parent organization the application must also include, but is not limited 
to: 
(A) The parent organization’s name, taxpayer identification number or federal employer 
identification number, and address. 
(B) A copy of the proposed or existing organizational chart displaying the names of the 
individuals or entities having authority or responsibility for the operation of the parent 
organization. 
(C) A list of all health facilities, clinics, and home health agencies the parent 
organization is operating. 
(13) A list identifying any other agencies, facilities, clinics, or multiple locations that the 
applicant has been licensed for, operated, managed, held a five percent or more 
ownership interest or control interest, or serves as a director or officer of, and the basis 
upon which the applicant exercises control and possession thereof. This must include 
locations both within and outside of the State of California. 
(14) Information on whether any agency, individual, facility, or clinic identified in 
subdivision (c)(13) has faced any disciplinary action, including, but not limited to: 
(A) License revocation action filed. 
(B) Final disciplinary orders issued by the Department or another governmental agency. 
(C) License placed on probation. 
(D) License suspended or revoked. 
(E) Disciplinary actions resolved through settlement. 
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(F) A receiver appointed. 
(15) Medicaid, Medi-Cal, and all other federal and state health care programs’ 
information. If the applicant currently participates or has ever participated as a provider 
in the Medi-Cal program or in another state’s Medicaid program including if the 
applicant: 
(A) Has had a final Medi-Cal decertification action taken. 
(B) Has fines or debts due to any federal, state, or local government that relate to 
Medicare, Medicaid and all other federal and state health care programs that have not 
been paid and what arrangements have been made to fulfill the obligations. 
(C) Has ever been suspended from a Medicare, Medicaid, or Medi-Cal program and 
reinstatement information if applicable. 
(16) Proof of financial funds to establish and operate a hospice for a minimum of 90 
days. Examples of proof of financial funds include, but are not limited to, bank 
statements, a line of credit, or a certificate of deposit. 
(17) The property ownership information, including, but not limited to: 
(A) The type of control of the property, including own, rent, lease, or sublease. 
(B) Evidence of control of the property, including, but not limited to, a copy of the grant 
deed, a bill of sale, a lease, or sublease agreement. 
(C) Name and address of the property owner or manager. 
(D) A floor plan, issued by the property owner, that coincides with the space. 
(E) If the property is leased, the tenant’s name and physical address of the hospice. 
(F) If the property is subleased, the subtenant’s name, physical address of the hospice, 
a copy of the master lease, and a letter that states the owner is aware of the sublet and 
the occupancy of the subtenant. 
(18) Proof the applicant has obtained general liability insurance coverage for the 
hospice which covers the premises and operation. General liability insurance coverage 
limits must not be for an amount less than $100,000 per claim nor a minimum annual 
aggregate of not less than $300,000. 
(19) Proof the applicant has obtained and maintains worker’s compensation coverage 
for the hospice that covers the premises and operation. Worker’s compensation 
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coverage limits must not be for an amount less than $100,000 per claim nor a minimum 
annual aggregate of not less than $300,000. 
(20) A copy of one of the following documents from the Internal Revenue Service: 
(A) Internal Revenue Service Employer’s Quarterly Federal Tax Return Form 941. 
(B) A form with the proposed address including, but not limited to, Change of Address 
Form 8822 or Change of Address or Responsible Party Business Form 8822-B. 
(C) Application for Employer Identification Number (EIN) Form SS-4. 
(D) Employer Identification Number (EIN) Verification Letter (147-C). 
(21) The type of services for which approval is requested, and a hospice service plan. 
This must include, but is not limited to: 
(A) The number and disciplines of staff to be employed. 
(B A list of the services provided by contractors, if applicable, and the provider’s name 
and contact information. 
(C) A plan for attracting and training volunteer staff. 
(22) Information on any individual with five percent or more direct or indirect ownership 
interest or control interest in the hospice and on any hospice management personnel 
including, but not limited to, directors, board members, corporate officers, limited liability 
company members and managers, partners, Administrators, Administrator Designees, 
Directors of Patient Care Services, Director of Patient Care Services Designees, 
Medical Directors, and Medical Director Designees. The applicant must submit all of 
the following information and documentation for each applicable individual listed above: 
(A) The individual’s name and address. 
(B) The individual’s role or relationship with the hospice. 
(C) One form of current and valid photo identification which verifies that the individual is 
age 18 years or older. Proof of identity includes, but is not limited to, a driver’s license or 
state identification card issued by the Department of Motor Vehicles, United States or 
foreign passport or passport card, United States military card, or military dependent’s ID 
card. 
(D) A current copy of the individual’s professional license, if applicable. 
(E) Social security number. 
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(F) A resume, including, but not limited to, employment history and contact information 
for the last ten years of employment, unemployment, and education history. Contact 
information for previous employers includes, but is not limited to, the name, phone 
number, and e-mail address for previous employers. 
(G) History of affiliated licensure related adverse actions within the past 10 years 
including, but not limited to, any action resolved by settlement, bankruptcy, foreclosures, 
judgements, license revoked, license involuntarily suspended, Medicare or Medi-Cal 
decertification, placed on any form of probation, receiver appointed, or temporary 
manager appointed. 
(H) If the individual has a current or past relationship with another agency or health 
facility. This includes, but is not limited to, the name, address, and type of the health 
facility, the role or relationship with the health facility, the name and type of the entity 
operating the health facility, the employer identification number, and whether the entity 
is a parent organization to the applicant’s hospice. 
(I) The names, principal business address, and the percentage of ownership interest of 
all board members, officers, directors, stockholders owning five percent or more of 
stock, members, managers, partners, and all other persons having authority or 
responsibility for the operation of the agency and if they are related to one another as 
an immediate family member. 
(23) The number of hours that will be spent in the hospice by the Administrator and 
Administrator Designee each week. If the Administrator or the Administrator Designee 
are concurrently employed by multiple hospices in a rural area, the number of hours that 
will be spent at each hospice per week. 
(24) Proof that the Medical Director is certified as a hospice medical director according 
to the requirements established by the Hospice Medical Director Certification Board or 
certified in hospice and palliative medicine according to the requirements established by 
a member board of the American Board of Medical Specialties or the American 
Osteopathic Association, if the Medical Director holds such a certification. The 
information submitted must include, but is not limited to, the type of certification, the 
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name of the certifying entity, the certificate number or a copy of the certificate, and the 
individual’s board identification number. 
(25) The date the Administrator, Administrator Designee, Director of Patient Care 
Services, Director of Patient Care Services Designee, Medical Director, and Medical 
Director Designee assumed office and a fully endorsed copy of the executed 
employment contract, if applicable. 
(26) A written explanation, date of the offense, and supporting documents if the 
Administrator, Administrator Designee, Director of Patient Care Services, Director of 
Patient Care Services Designee, Medical Director, or Medical Director Designee has 
been convicted of a misdemeanor or felony offense. 
(27) Documents verifying the Administrator and Administrator Designee meet the 
qualification requirements of section 74876. 
(28) Documents verifying the Director of Patient Care Services and Director of Patient 
Care Services Designee meet the qualification requirements of section 74852. 
(29) Documents verifying the Medical Director and Medical Director Designee meet the 
qualification requirements of section 74856. 
(30) A list of all hospices an individual is currently serving as the Administrator, 
Administrator Designee, Director of Patient Care Services, Director of Patient Care 
Services Designee, Medical Director, or Medical Director Designee, if applicable. 
(31) A copy of the fictitious name statement if the applicant will be operating under a 
different name other than the applicant’s legal name. 
(32) The hospice’s proposed geographic service area, including documentation of the 
proposed geographic service area pursuant to section 74820. Documentation must 
include, but is not limited to: 
(A) The names and zip codes of all counties to be served by the hospice. 
(B) A map to show the geographic service area to be served by the hospice. 
(C) Documentation of the calculations used to determine the hospice’s geographic 
service area pursuant to section 74820(c) and (d). 
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(D) If the applicant is applying to add a multiple location as defined in Health and Safety 
Code section 1746(i), distance calculations showing that the multiple location meets the 
requirements of section 74820. 
(33) If applicant is applying for the Medicare program, the application must include, but 
is not limited to: 
(A) The hospice’s National Provider Identifier. 
(B) The fiscal intermediary choice. 
(C) All pertinent enrollment forms including, but not limited to: 
(i) “Hospice Request for Certification in the Medicare Program,” CMS-417 (02/26), 
published by the Centers for Medicaid and Medicare Services, hereby incorporated by 
reference. 
(ii) “Hospice Survey and Deficiencies Report,” CMS-643 (06/08), published by the 
Centers for Medicaid and Medicare Services, hereby incorporated by reference. 
(iii) “Health Insurance Benefit Agreement,” CMS-1561 (07/01), published by the Centers 
for Medicaid and Medicare Services, hereby incorporated by reference. 
(iv) “Medicare Enrollment Application,” CMS-855A (09/23), published by the Centers for 
Medicaid and Medicare Services, hereby incorporated by reference. 
(v) Evidence that the applicant has completed and electronically submitted “Assurance 
of Compliance” HHS-690 form to CMS, as necessary. 
(vi) “Notice Effective Date of Provider Agreement,” HS-328 (9/17), published by the 
California Health and Human Services Agency, hereby incorporated by reference. 
(34) If the applicant is applying for the Medi-Cal program, the application must include, 
but is not limited to: 
(A) The hospice’s National Provider Identifier. 
(B) If the applicant, the parent organization of the applicant, or any of the individuals 
specified in subdivision (c)(22) have five percent or more ownership interest or control 
interest, or both, in any of the applicant’s subcontractors that provide healthcare 
services or goods, the applicant must provide the following information: 
(i) Subcontractor’s full legal name, phone number, address, federal employer 
identification number, and business entity number. 
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(ii) Any written agreements related to the subcontractor’s functions and responsibilities. 
(iii) Full legal name, phone number, address of the entities other than the applicant with 
five percent or more ownership interest or control interest, or both, in the subcontractor 
providing healthcare services or goods. 
(C) If an entity identified in subdivision (c)(34)(B) is an individual, the applicant must 
specify: 
(i) The individual’s role with the subcontractor, including, but not limited to, as a director, 
officer, partner, managing employee, or five percent or greater owner. The applicant 
must specify the percentage of the ownership interest, if applicable. 
(ii) If the individual has any partnership interest in the applicant. 
(iii) If the individual is related to any of the individuals specified in subdivision (c)(22) 
that have five percent or more ownership interest or control interest, or both, that 
relative’s name and relationship must be identified. 
(D) If the applicant has had any significant business transaction with any wholly owned 
supplier or with any subcontractor not specified in subdivision (c)(34)(B) during the 5-
year period immediately preceding the date of the submission of the application the 
applicant must also provide the subcontractor’s or supplier’s full legal name, phone 
number, address, and a description of all significant business transactions. The 
applicant must provide this information for each subcontractor or supplier with which a 
significant business transaction occurred. 
(E) Full legal name, phone number, and address of entities with five percent or more 
ownership interest or control interest, or both, in the subcontractor specified in 
subdivision (c)(34)(B) with whom the applicant has had business transactions involving 
health care services, goods, supplies or merchandise related to the provision of 
services to a Medi-Cal beneficiary that total more than $25,000 during the 12-month 
period immediately preceding the date of the application, or immediately preceding the 
date on the Department’s request for such information. The applicant must provide this 
information for each applicable subcontractor or supplier. 
(F) All pertinent enrollment forms, including, but not limited to: 
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(i) “Medi-Cal Provider Agreement,” DHCS 9098 (07/25), published by the California 
Department of Health Care Services, hereby incorporated by reference. The signature 
page must be notarized, and the acknowledgement page must be included. 
(ii) “Medi-Cal Disclosure Statement,” DHCS 6207 (02/17), published by the California 
Department of Health Care Services, hereby incorporated by reference. 
(iii) “Notice Effective Date of Provider Agreement,” number HS-328 (9/17), published by 
the California Health and Human Services Agency, hereby incorporated by reference. 
(d) The applicant must sign and date the application. If the individual signing the 
application is different than the applicant, the individual signing must have the legal 
authority to bind the application to the applicant. The individual signing the application 
must provide the following information with the application for licensure: 
(1) Full legal name and title. 
(2) Date of birth. 
(3) One form of current and valid photo identification which verifies that the individual is 
age 18 years or older. Proof of identity includes, but is not limited to, a driver’s license or 
state identification card issued by the Department of Motor Vehicles, United States or 
foreign passport or passport card, United States military card, or military dependent’s ID 
card. 
(e) In signing the application pursuant to subdivision (d), the applicant acknowledges 
that the applicant will comply with: 
(1) Local ordinances including, but not limited to, zoning, sanitation, and building 
ordinances. 
(2) Labor Code on employment practices concerning nondiscrimination, liability 
insurance, wages, hours, and working conditions. 
(3) Health and Safety Code and regulations concerning licensing and fire safety. 
(f) A copy of the application including any ancillary documents described in subdivision 
(c) must be retained by the applicant. 
(g) If the Department requests additional information necessary to process the 
application, the applicant must submit the requested information to the Department 
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within 60 days of the date of request. An application will be considered incomplete if the 
applicant fails to provide information within the prescribed time. 
 
Note: Authority cited: Sections 1753, 1753.1, 131000, 131050, 131051, and 131200, 
Health and Safety Code. 
Reference: Sections 1748, 1749, 1753.1, and 1755, Health and Safety Code. 
 
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Adopt section 74816 to read as follows: 
Section 74816. Licensing Fees. 
(a) An applicant applying for a license must pay licensing fees for each application 
submitted to the Department pursuant to Health and Safety Code section 1266. 
(b) An applicant must ensure that licensing fees assessed pursuant to Health and 
Safety Code section 1266 are made payable to the Department at the time an 
application is filed for initial licensure, license renewal, change of ownership, or report of 
changes. 
(c) No refunds will be issued if the application for initial licensure, license renewal, 
change of ownership, or report of changes is withdrawn, incomplete, or is denied 
because the applicant or the licensee fails to meet the requirements of Health and 
Safety Code Division 2, Chapter 8.5 and Title 22 of the California Code of Regulations 
Division 5, Chapter 6.5. 
(d) Pursuant to Health and Safety Code section 1748(a), each multiple location listed on 
the license of the parent hospice must pay a separate licensing fee. A licensing fee 
assessed pursuant to Health and Safety Code section 1266 for each multiple location 
must be submitted in conjunction with the parent hospice initial licensure, license 
renewal, change of ownership, or report of changes application. 
 
Note: Authority: Sections 1753, 1753.1, 131000, 131050, 131051, 131052, and 131200, 
Health and Safety Code. 
Reference: Sections 1266, 1266.5, 1748, and 1750, Health and Safety Code. 
 
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Adopt section 74820 to read as follows: 
Section 74820. Geographic Service Area. 
(a) A hospice must guarantee that a licensed nurse appears in person 24 hours a day, 
seven days a week, to provide nursing services within two hours of receiving 
information that a patient has a medical need or a safety concern exists. 
(b) A hospice must develop, implement, and maintain documented policies and 
procedures to ensure patients receive support until a licensed nurse can appear in 
person. 
(c) Pursuant to subdivision (a), a hospice must calculate a geographic service area in 
which personnel can arrive to provide services within two hours from the parent 
hospice’s address as indicated on the application for hospice licensure. 
(d) To calculate a geographic service area, a hospice must: 
(1) Determine the maximum distance in miles that hospice personnel can travel by 
vehicle from the parent agency’s address within two hours. To determine the maximum 
distance, the hospice must collect a minimum of four distance value samples. The 
samples must be taken between 7:00 a.m. and 9:00 a.m. or 4:00 p.m. and 6:00 p.m. on 
a non-holiday weekday to account for traffic conditions. 
(2) Determine the average radius in miles based on the maximum distance hospice 
personnel can travel by vehicle as identified in subdivision (d)(1). To find an average 
radius, the hospice must add all four distance values together then divide the answer by 
four. 
(3) A hospice must submit proof of the calculations used to determine the hospice’s 
geographic service area pursuant to section (c)(32). Documentation must include a 
timestamp showing the exact date and time the samples were taken. 
(e) A hospice’s geographic service area must only include counties that have an unmet 
need as defined in section 74800(a)(56) for hospice services pursuant to Health and 
Safety Code section 1749(f)(1). 
(f) To determine if there is an unmet need for hospice services in a county, the number 
of individuals who are likely to be eligible for hospice care must be compared with the 
average number of patients that all currently operating hospices in the same county can 
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accommodate. 
(1) The number of individuals who are likely to be eligible for hospice care in a county 
must be calculated by: 
(A) Accessing the California Health and Human Services Agency Open Data Portal 
website and downloading the most recently published “Final Deaths by Year by County” 
dataset from the “Death Profiles by County” webpage. 
(B) Filtering the following criteria on the “Final Deaths by Year by County” dataset: 
(i) The “Year” column must be filtered to include all available years. 
(ii) The “County” column must be filtered to only select the primary county associated 
with the parent hospice’s address as indicated on the application for hospice licensure. 
(iii) The “Geography type” column must be filtered to “Residence.” 
(iv) The “Strata” column must be filtered to “Total population.” 
(v) The “Cause” column must be filtered to “CAN” which represents deaths caused by 
cancer. 
(C) Adding the “count” column from the filtered dataset results in subdivision (f)(1)(B) 
together from all available years and dividing the sum by the number of years available 
to determine the average number of cancer deaths by county per year. 
(D) Multiplying the average number of all cancer deaths identified in subdivision (f)(1)(C) 
by (10/3) to account for patients with terminal illness diagnoses other than cancer. 
(E) Multiplying the value identified in subdivision (f)(1)(D) by 0.5 to find the number of 
individuals who are likely to be eligible for hospice care in the county. 
(2) The average number of patients that all currently licensed hospices in the county 
can accommodate must be calculated by: 
(A) Accessing the California Department of Public Health, California Health Facilities 
Information Database “Cal Health Find” website and using the “Find and Compare a 
Health Care Facility” feature to search the Cal Health Find Database for the number of 
hospices currently licensed in the county. 
(B) Filtering the following criteria when using the “Find and Compare a Health Care 
Facility Feature” to search the Cal Health Find Database: 
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(i) “Facility name” must be left blank. 
(ii) “Location” must be set to the primary county associated with the parent hospice’s 
address as indicated on the application for hospice licensure. 
(iii) "Facility type” must be set to “Hospice” only. 
(iv) “Types of care and services” must be set to “All Care & Services.” 
(C) Identifying the total number of licensed hospices in the county as identified in 
subdivision (f)(2)(B). 
(D) Multiplying the value identified in subdivision (f)(2)(C) by 56 to find the average 
number of patients that all currently licensed hospices in the county can accommodate. 
(3) Notwithstanding subdivisions (f)(1) and (f)(2), calculations may be completed by an 
automated process or application which differs in its methods of data collection, data 
filtering, and arithmetic, if the results of the automated process or application do not 
differ from the results of manual calculations performed pursuant to subdivisions (f)(1) 
and (f)(2). 
(4) If the number of individuals who are likely to be eligible for hospice care in a county 
identified in subdivision (f)(1)(E) is greater than the average number of patients that all 
currently licensed hospices in the same county can accommodate as identified in 
subdivision (f)(2)(D), there is evidence to establish there is an unmet need for hospice 
services in the identified county. 
(5) If a hospice wishes to serve multiple counties, the calculations described in 
subdivision (f) must be completed for each individual county listed on the application for 
licensure. 
(g) Pursuant to subdivision (e), each county in a hospice’s geographic service area 
must have evidence to establish there is an unmet need for hospice services and must 
be approved in writing by the Department. Counties that do not have evidence to 
establish there is an unmet need for hospice services must be excluded from a 
hospice’s approved geographic service area lists. 
(h) An application must be submitted to the Department for any change to a hospice’s 
geographic service area pursuant to section 74828. A hospice must receive written 
approval from the Department prior to making any such change. 
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(i) A hospice must not initiate, advertise, or provide hospice services in a geographic 
service area until the hospice receives written approval from the Department. 
 
Note: Authority cited: Sections 1753, 1753.1, 131000, 131050, and 131200, Health and 
Safety Code. 
Reference: Sections 1749, 1751.5, and 1752, Health and Safety Code. 

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Adopt section 74824 to read as follows: 
Section 74824. Change of Ownership. 
(a) The following transactions constitute a change of ownership: 
(1) A major change in ownership interest occurs when a transfer of beneficial ownership 
interest, whether in a single or series of transactions, to any entity results in the 
receiving entity holding 50 percent or more of the ownership interest of the hospice. 
(2) Transactions described in Corporations Code section 5914 if the applicant or 
licensee is a nonprofit corporation. 
(3) A change in partnership including the removal, addition, or substitution of a partner. 
(4) The merger of the applicant’s or licensee’s corporation into another corporation, or 
the consolidation of two or more corporations of the licensee, resulting in the creation of 
a new corporation. The transfer of corporate stock, merger of another corporation into 
the applicant’s or licensee’s corporation or approved lawful conversion of a corporation 
to a limited liability company does not constitute a change of ownership unless the 
series of ownership transactions results in a major change in ownership interest as 
specified in subdivision (a)(1). 
(5) The merger of the applicant’s or licensee’s limited liability company into another 
limited liability company, or the consolidation of two or more limited liability companies 
of the licensee, resulting in the creation of a new limited liability company. The transfer 
of limited liability company interest, merger of another limited liability company into the 
applicant's or licensee’s limited liability company or approved lawful conversion of a 
limited liability company to a corporation does not constitute a change of ownership, 
unless the series of ownership transactions results in a major change in ownership 
interest as specified in subdivision (a)(1). 
(6) When a licensee sells, transfers, or disposes of title and property of their hospice to 
another entity who is not the licensee and, as a result, the licensee loses the right to use 
and occupy the buildings and property where the hospice operates. 
(7) When all or part of the hospice’s property and assets are leased to an entity who is 
not the licensee. This includes, but is not limited to, a new lease or a transfer, sublease, 
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or assignment of the licensee’s right to possess or occupy the physical structures, 
buildings, or real property that comprise the operational location of the hospice. 
(b) The applicant must submit a complete change of ownership application and 
licensing fees to the Department 120 days prior to an anticipated change of ownership 
taking place. The change of ownership is not effective unless approved by the 
Department. The application must include, but is not limited to: 
(1) A cover letter as specified in section 74812(b). 
(2) All application requirements specified in section 74812(c). 
(3) The legal name, address, and contact information of the current licensee. 
(4) The proposed effective date of the ownership change. This date must reflect the 
actual date on which the applicant will take charge of the financial and operational 
management of the hospice and not the date of sale or date of license change. 
(5) The following documentation obtained from the current licensee: 
(A) A patient medical record storage statement pursuant to section 74896(o). 
(B) Supplemental documentation at minimum, identifying the name of the current 
licensee selling to the name of the prospective licensee, percentage of ownership, date 
of sale, and signature of all parties with date. The signature page must be notarized. 
Examples include: 
(i) Preliminary purchase agreement. 
(ii) Documentation outlining the orderly transfer of the hospice operation upon 
Department approval. 
(6) Evidence that the applicant has the financial resources available for the acquisition 
of the ownership to be transferred, or the basis on which such transfer is to be financed. 
If the transfer of ownership is made by a gift, the applicant must submit a statement of 
the relationship between the donor (gift giver) and the donee (gift receiver). 
(c) Pursuant to Health and Safety Code section 1748(f), an applicant may apply for a 
change of ownership within five years from the date the license was initially issued to 
the current licensee, if the current licensee can demonstrate and provide evidence to 
the Department that the change of ownership is necessary to ensure continuity of care 
for existing patients when the current licensee is encountering emergency conditions, 
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limited resources and capacity, or a financial hardship. The hospice must be 
operational, be providing care to patients, and submit an application pursuant to 
subdivision (b). In addition, the application must include the evidence specified in 
subdivisions (1), (2), or (3), as applicable: 
(1) Evidence demonstrating that emergency conditions exist as proclaimed by the 
Governor of California or by a state or local public health officer in whose jurisdiction the 
hospice is located. The emergency conditions must limit the ability of the current 
licensee to provide care to current hospice patients. The applicant or the current 
licensee must submit a copy of the proclamation to the Department. Examples of 
emergency conditions may include, but are not limited to: 
(A) Natural hazards, including, but not limited to, floods, tornados, hurricanes, winter 
storms, wildfires, landslides, earthquakes, tidal waves, volcanos, and dam failures. 
(B) Technological hazards, including, but not limited to, hazardous material releases 
and spills, acts of terrorism, and nuclear accidents. 
(C) Public health related hazards, including, but not limited to, contamination and 
disease outbreaks. 
(2) Evidence that the hospice has limited resources and capacity to provide care to 
patients, including, but not limited to, shortages of equipment or supplies. 
(3) The current licensee has a financial hardship and does not have finances to 
continue operating the hospice beyond 90 days and there is an unmet need for hospice 
services in the geographic service area served by the hospice. The hospice must 
submit documentation to the Department as specified in subdivision (b) in addition to 
evidence which demonstrates the current licensee has a financial hardship. 
(A) Documentation outlining the factors causing the financial hardship must include, but 
is not limited to: 
(i) Financial institution statements concerning all the current licensee’s assets, income, 
liabilities, and expenses showing the reduction of income and essential spending in an 
itemized format which identifies the length of time the hospice can continue operating. 
(ii) A cost report outlining accounts receivables and payables for the prior 90 days. 
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(iii) A written explanation describing the financial hardship including, but not limited to, 
the reasons, events, and circumstances causing financial difficulties. The hospice’s new 
proposed service area must satisfy the unmet need for hospice services requirement as 
described in section 74820(e). 
(d) If the Department requests additional information, the applicant must submit the 
requested information to the Department within 60 days from the date of request. An 
application required in section 74812 will be considered incomplete and may be denied 
if the applicant fails to provide information within the prescribed time. 
(e) The five-year prohibition of a change of ownership pursuant to Health and Safety 
Code section 1748(e) will reset any time a change of ownership is approved by the 
Department. 
(f) A licensee may apply for a major change of ownership within 120 days from the 
anticipated change of ownership by submitting an application pursuant to subdivision (c) 
and written explanation to the Department detailing how one or more of the following 
conditions applies to the current licensee: 
(1) The current licensee is under a receivership order. The applicant or current licensee 
must provide a copy of the receivership order to the Department. 
(2) The current licensee died. The applicant must provide a copy of the current 
licensee’s death certificate to the Department. 
(3) The current licensee has a financial hardship reaching a stage where the current 
licensee cannot continue operating the hospice beyond 90 days, putting at risk the 
continuity of care for the hospice’s patients. The applicant or the current licensee must 
provide documentation outlining the factors causing the financial hardship pursuant to 
subdivision (c)(3)(A). 
(4) Emergency conditions exist as specified in subdivision (c)(1). 
(g) An applicant applying for a change of ownership after the five-year change of 
ownership moratorium is exempt from proving that there is an unmet need for hospice 
services in the geographic service area served by the hospice if both conditions are 
met: 
(1) The current licensee previously demonstrated to the Department that there is an 
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unmet need for hospice services in the geographic service area served by the hospice. 
(2) The geographic service area will not change upon the change of ownership. The 
applicant must submit documentation pursuant to section 74812(c)(32) to confirm the 
geographic service area will not change upon the change of ownership. 
(h) A current licensee must not relinquish the ownership, operation, or management of a 
hospice until the Department approves the change of ownership. 
 
Note: Authority cited: Sections 1753, 1753.1, 131000, 131050, 131051, and 131200, 
Health and Safety Code. 
Reference: Sections 1253.2, 1747, 1747.3, 1748, 1749, 1751.5, and 1755, Health and 
Safety Code. Section 5914, Corporations Code. 
 
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Adopt section 74828 to read as follows: 
Section 74828. Report of Changes. 
(a) If a licensee is contemplating or negotiating a change to any of the following, the 
licensee must submit an application to the Department as specified. The application 
must include a cover letter pursuant to section 74812(b). 
(1) The licensee must submit an application to the Department at least 120 days prior to 
an anticipated change to the hospice’s geographic service area, indirect ownership, or a 
transfer of beneficial ownership interest of five percent or more but less than 50 percent 
in a single transaction or in a series of transactions. The licensee must provide the 
following information on or with the application: 
(A) For a change to the hospice’s geographic service area, the application must include 
information pursuant to section 74812(c)(1) through (10), (13), and (32). If the licensee 
is currently enrolled or applying for enrollment in Medicare, the applicant must also 
submit the required form specified in section 74812(c)(33)(C). 
(B) For a change of indirect ownership or a transfer of beneficial ownership interest of 
five percent or more but less than 50 percent in a single transaction or in a series of 
transactions, the application must include information pursuant to section 74812(c)(1) 
through (4), (8) through (14), (17), (22), and (30). The application must also include, but 
is not limited to: 
(i) A documentation which must include, but is not limited to, the licensee’s name, name 
of the current ownership interest holder and the percentage of ownership to be sold or 
percentage of stock to be purchased, the date and signature of all parties. The 
signature page must be notarized. 
(ii) If the licensee is currently enrolled or applying for enrollment in the Medicare or 
Medi-Cal programs, the applicant must also submit all required forms as specified in 
section 74812(c)(33)(C)(i), (c)(33)(C)(iii), (c)(33)(C)(iv), and (c)(34)(F)(i) when applying 
for transfer of beneficial ownership interest of five percent or more but less than 50 
percent in a single transaction or in a series of transactions. 
(2) The licensee must submit an application to the Department at least 60 days prior to 
an anticipated change in location, addition or deletion of a hospice service, or 
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suspension of an existing optional service. The licensee must provide the following 
information on or with the application pursuant to section 74812(c)(1) through (11), (13), 
(17), and (22). If the licensee is applying for a change of location, the licensee must 
provide geographic service area documentations specified in section 74812(c)(32). 
(A) If the licensee is currently enrolled or applying for enrollment in the Medicare or 
Medi-Cal programs, the applicant must also submit the following forms. 
(i) For change of location, the licensee must include forms specified in section 
74812(c)(33)(C)(i), (33)(C)(iv), and (34)(F)(i). 
(ii) For addition or deletion of service, or suspension of an existing optional service, the 
licensee must include forms specified in section 74812(c)(33)(C)(i). 
(B) If a change of location results in a change of geographic service area, the licensee 
must submit a change of geographic service area application and all required 
documentation as identified in subdivision (a)(1)(A) to the Department. 
Additionally, all of the following requirements must be satisfied: 
(i) The hospice’s new or updated geographic service area must be within a 2-hour 
driving distance from the parent hospice’s address pursuant to section 74820(a) and (c). 
(ii) Any new counties that will be included in the hospice’s geographic service area must 
have an unmet need for hospice services pursuant to section 74820(e) and (f). 
Previously approved counties that will continue to be served by the hospice are not 
required to re-satisfy the unmet need requirement. 
(iii) The licensee must guarantee that the hospice’s new proposed office space meets 
all applicable requirements for licensure pursuant to section 74908. 
(C) An applicant may apply for a change of location within 60 days from the anticipated 
change of location by submitting an application as specified in subdivision (a)(2) to the 
Department in addition to a written explanation detailing how one of the following 
conditions apply: 
(i) The sudden termination of the applicant’s property lease for the hospice which was 
not the fault of the licensee or the hospice. The licensee must submit a copy of the 
lease termination to the Department. 
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(ii) Damage to the infrastructure of the hospice which prevents the applicant from 
operating. The applicant must submit evidence to the Department depicting the 
infrastructure damage, including, but not limited to, a set of photographs and an 
inspection report issued by a real estate inspection company detailing the damage or a 
copy of an insurance claim, if the damage is covered by insurance. 
(iii) Emergency conditions exist as proclaimed by the Governor of California or by a 
state or local public health officer in whose jurisdiction the hospice is located as 
specified in section 74824(c)(1). 
(b) A licensee must report a change to the Department by submitting an application 
within 10 business days whenever there is a change to the hospice’s Administrator or 
Administrator Designee, Director of Patient Care Services or Director of Patient Care 
Services Designee, or Medical Director or Medical Director Designee. The licensee 
must provide the information on or with the application pursuant to section 74812(c)(1) 
through (4), (8), (9), (11) through (13), and (23) through (30), as applicable. 
(c) A licensee must report a change to the Department by submitting an application 
within 10 business days whenever there is a change to the hospice’s Medicare or Medi-
Cal certification status, including, but not limited to applying for enrollment in Medicare 
or Medi-Cal. The applicant must submit all required forms as specified in section 
74812(c)(33)(C)(i) through (33)(C)(v), (34)(F)(i), and (34)(F)(ii). 
(d) A licensee must report a change to the Department by submitting an application 
within 10 business days whenever there is a change to the hospice’s governing body or 
principal officers of the governing body. The licensee must provide information pursuant 
to section 74812(c)(1) through (4), (8) through (14), and (22). The application must also 
include, but is not limited to: 
(1) Documentation including the licensee’s name, name of the current ownership 
interest holder and the percentage of ownership to be sold, or percentage of stock to be 
purchased, signed and dated by all parties. The signature page must be notarized. 
(2) If the licensee is currently enrolled in or applying for enrollment in the Medicare or 
Medi-Cal programs, the applicant must also submit all required forms as specified in 
section 74812(c)(33) and (34), as applicable. 
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(e) A licensee must report a change to the Department by submitting an application 
within 10 business days whenever there is a change to the name of the hospice or 
licensee, mailing address, National Provider Identifier, or property owner of the hospice. 
If a hospice has multiple locations, it must report any of the enumerated changes for 
any of its multiple locations. The licensee must provide information pursuant to section 
74812(c)(1) through (4), (9), (10), (13), and (22). If the licensee is applying for change of 
property owner, the licensee must provide documentation specified in section 
74812(c)(17). 
(1) If the licensee is currently enrolled or applying for enrollment in the Medicare or 
Medi-Cal programs, the applicant must also submit the following forms. 
(A) For change of name, must include forms specified in section 74812(c)(33)(C)(i), 
(33)(C)(iv), and (34)(F)(i). 
(B) For change of mailing address, must include forms specified in section 
74812(c)(33)(C)(iv), and (34)(F)(i). 
(C) For change of national provider identifier, must include forms specified in section 
74812(c)(34)(F)(i). 
(f) The licensee must obtain approval by the Department prior to implementing the 
following changes. 
(1) Geographic service area. 
(2) Indirect Ownership. 
(3) Transfer of beneficial ownership interest in a single transaction or in a series of 
transactions resulting in five percent or more but less than 50 percent. 
(4) Addition or deletion of a hospice service. 
(5) Suspension of an existing optional service. 
(6) Location. 
(g) An applicant must provide a signature and date in the application. 
(1) In signing the application, the applicant acknowledges that the applicant will: 
(A) Comply with local ordinances including, but not limited to, zoning, sanitation, and 
building ordinances. 
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(B) Comply with the Labor Code on employment practices concerning 
nondiscrimination, liability insurance, wages, hour, and working conditions. 
(C) Comply with the Health and Safety Code and regulations concerning licensing and 
fire safety. 
(2) If the individual signing the application is different than the applicant, the individual 
signing must have the legal authority to bind the application to the applicant. The 
individual signing the application must provide the following information with the 
application for licensure: 
(A) Full legal name and title. 
(B) Date of birth. 
(C) One form of current and valid photo identification which verifies that the individual is 
age 18 years or older. Proof of identity includes, but is not limited to, a driver’s license or 
state identification card issued by the Department of Motor Vehicles, United States or 
foreign passport or passport card, or United States military card or military dependent’s 
ID card. 
(h) A copy of the application including any ancillary documents described in 
subdivisions (a) through (e) must be retained by the applicant. 
(i) If the Department requests additional information, the applicant must submit the 
requested information to the Department within 30 days of the date of request. An 
application will be considered incomplete if the applicant fails to provide information 
within the prescribed time. 
 
Note: Authority cited: Sections 1753, 1753.1, 131000, 131050, 131051, and 131200, 
Health and Safety Code. 
Reference: Section 1747, 1747.3, 1748, 1749, 1754, 1751.5, and 1755, Health and 
Safety Code. 
 
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Adopt section 74832 to read as follows: 
Section 74832. Denial of Application. 
(a) An application for licensure or renewal of a license may be denied when an applicant 
or licensee: 
(1) Fails to comply with provisions in Health and Safety Code Division 2, Chapter 8.5, 
and Title 22 of the California Code of Regulations, Division 5, Chapter 6.5. 
(2) Fails to comply with provisions in Title 42 of the Code of Federal Regulations, 
Chapter 4, Subchapter B, Part 418, if applicable. 
(3) Fails to implement all plans of correction to deficiencies cited by the Department 
pursuant to section 74904. 
(4) Has had a hospice license involuntary suspended or revoked within the prior 24 
months. 
(5) Fails to submit a complete application, or remediate all discrepancies in the 
application, as required by section 74812 after notification by the Department to provide 
additional information. 
(6) Does not demonstrate or provide evidence of an unmet need for hospice services 
requirement in accordance with section 74820(e) and (f). 
(7) Is liable for unpaid licensing fees required in section 74816. 
(8) Fails to hold an active status with either the California Secretary of State, the 
Franchise Tax Board, or both, if the applicant or the licensee is a business entity. 
(9) Provides inaccurate information on the application or any documents required to be 
submitted to the Department or required to be maintained by the hospice pursuant to 
the provisions of Title 22 of the California Code of Regulations, Division 5, Chapter 6.5. 
(b) An application for licensure or renewal of a license will be denied when an applicant 
or licensee has hospice management personnel whose professional license records 
indicate the imposition of disciplinary actions within the seven years prior to the date of 
the application, and the applicant or licensee fails to replace the personnel even after 
the Department has made the applicant or licensee aware of the need to replace the 
affected personnel. Examples of actions and behaviors that may lead to disciplinary 
actions include, but are not limited to: 
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(1) Participation in fraudulent billing activities including, but not limited to: 
(A) Billing for services not performed. 
(B) Incorrect billing code or upcoding. 
(C) Altering dates of service. 
(D) Double billing or excessive billing. 
(2) Forgery of a document or record with the intent to deceive or gain benefits, which 
includes, but is not limited to: 
(A) Creating or altering a fictitious document, signature, medical record, or prescription 
to make them appear genuine. 
(B) Submitting a falsified academic record, transcript, diploma, or certification with the 
intent to gain employment. 
(3) Use of a fabricated address as a service location. 
(4) Improper determination of eligibility for hospice care to a patient. 
(5) Record of a felony conviction. 
(6) Violation of patient data and federal and state privacy laws, including, but not limited 
to, the Health Insurance Portability and Accountability Act (HIPAA), Confidentiality of 
Medical Information Act (CMIA), and Information Practices Act (IPA). 
(7) Abusive or negligent conduct towards patients, resulting in either inadequate care or 
immediate jeopardy. 
(c) An applicant has the right to appeal a denial of licensure by presenting a written 
request for a hearing pursuant to Health and Safety Code section 131071. To contest 
the Department’s denial of licensure, the applicant must submit a written petition to the 
Department within 15 days after service of the Department’s notice of denial of 
licensure. Upon receipt of such petition, the matter will be set for hearing pursuant to 
California Government Code section 11504. Absent a final decision, which overturns the 
Department’s denial of licensure, any further licensure or certification activity will require 
the hospice to submit a new application for licensure. 
 
Note: Authority: Sections 1753, 1753.1, 1755, 131000, 131050, 131051, 131052, and 
131200, Health and Safety Code. 
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Reference: Sections 1747, 1748, 1749, 1750, 1751.5, 1755, and 131071, Health and 
Safety Code. Sections 23301, 23301.5, 23305.5, and 23775, Revenue and Taxation 
Code. Sections 110, 2205, 5008, 15902.06, 17702.10, and 17713.10, Corporations 
Code. Sections 11504 and 11506, Government Code. 

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Adopt section 74836 to read as follows: 
Section 74836. Renewal and Expiration. 
(a) Each license will expire 24 months from the effective date of the license. If a 
licensee has not received a license renewal notice from the Department at least 45 days 
prior to the license expiration date, it is the duty of the licensee to notify the Department 
and request a license renewal application. For the purposes of this section, “license 
renewal application” means a required form provided by the Department to a licensee 
which is required to be submitted for a renewal of a license pursuant to this section. 
(b) To renew a license, the licensee must: 
(1) Complete and submit a license renewal application accompanied by the required 
license renewal fees pursuant to Health and Safety Code section 1266 to the 
Department at least 30 days prior to the expiration of the license. 
(2) Review and validate the accuracy of all ownership, licensee, and facility information 
on the license renewal verification page. If the licensee finds that information in the 
license renewal verification page is not correct, the licensee must submit a separate 
application as specified in section 74812 to comply with report of changes requirements 
in section 74828. The licensee must submit all documentation necessary to validate all 
the information on the license renewal verification page. 
(3) Review and complete applicable fields in the licensee acknowledgement page. The 
acknowledgement page must include a signature, printed name, date, and the title of 
the signee. If the information on the licensee acknowledgement page is not accurate, 
the licensee must specify the submission date and type of report of change application 
submitted to the Department. 
(A) The signee must be the licensee who serves as the owner of the hospice or the 
chief executive officer or administrator of the hospice. 
(B) In signing the application, the licensee acknowledges: 
(i) All fees assessed by the Department have been paid. 
(ii) The licensee has submitted the required application forms and information to report 
changes pursuant to section 74828. The licensee must specify the type of report of 
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change application submitted to the Department and provide the submission date, if 
applicable. 
(iii) An ongoing obligation to report changes during the license period pursuant to 
section 74828. 
(iv) Compliance with local ordinances including, but not limited to, zoning, sanitation, 
and building ordinances. 
(v) Compliance with Labor Code employment practices concerning nondiscrimination, 
liability insurance, wages, hours, and working conditions. 
(vi) Compliance with Health and Safety Code and regulations concerning licensing and 
fire safety. 
(4) Verify and, if necessary, update the general contacts, emergency contacts, All 
Facilities Letter contacts, and licensee’s contact information, as applicable. Contact 
information includes, but is not limited to, the contact’s name, email address, alternative 
email, phone number, and fax number, as applicable. 
(5) Provide the California Secretary of State business entity number or a printout from 
the Secretary of State website indicating an active status for the business entity. 
 
Note: Authority: Sections 1753, 1753.1, 131000, 131050, 131051, 131052, and 131200, 
Health and Safety Code. 
Reference: Sections 1266.5, 1750, and 1751, Health and Safety Code. 
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Adopt section 74840 to read as follows: 
Section 74840. Voluntary Cancellation of License. 
(a) If a licensee is anticipating the closure of a hospice or any of the multiple locations of 
the hospice, the current licensee must notify the Department in writing at least 60 days 
prior to the anticipated closure. The notification must include: 
(1) The licensee’s contact information, including a telephone number and an email 
address. 
(2) Either a facility ID or a license number. 
(3) The reason for and date of the anticipated closure. 
(4) Printed name, date, and signature of the current licensee. 
(b) The licensee must also submit the closure notification to the following recipients, if 
applicable: 
(1) The Center for Medicare and Medicaid Services, pursuant to Title 42, Code of 
Federal Regulations section 489.52(a)(1), if certified for Medicare or Medi-Cal, or both. 
(2) Hospice accreditation organizations. 
(c) The licensee must submit a discharge statement to the Department for existing 
patients prior to the anticipated closure date. The discharge statement must include the 
requirements specified in section 74892(w). 
 
Note: Authority: Sections 1753, 1753.1, 131000, 131050, 131051, 131052, and 131200, 
Health and Safety Code. 
Reference: Sections 1754, Health and Safety Code. 

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Adopt section 74844 to read as follows: 
Section 74844. Involuntary License Suspension, Revocation, and Reinstatement. 
(a) Pursuant to Health and Safety Code section 1755, a license may be suspended or 
revoked by the Department if the licensee: 
(1) Fails to comply with Health and Safety Code Division 2, Chapter 8.5, and Title 22 of 
the California Code of Regulations, Division 5, Chapter 6.5. 
(2) Fails to implement all plans of corrections to deficiencies cited by the Department. 
(3) Fails to report any change identified in section 74828 by application to the 
Department. 
(4) Fails to pay licensing fees and late payment penalties. 
(5) Operates a hospice with an expired license. 
(6) Provides inaccurate information on the application, and on any documents required 
to be submitted to the Department or required to be maintained by the hospice pursuant 
to the provisions of this chapter. 
(b) A licensee has 15 days from the receipt of the Department’s notice of license 
revocation or involuntary suspension to request a hearing to contest the action specified 
in the notice. If the licensee fails to submit a timely appeal within the 15-day period, the 
revocation or involuntary suspension will be effective on the date stated in the notice 
once the Department has obtained a default judgment. 
(c) The revocation, suspension, or the voluntary surrender of a license does not 
eliminate the Department’s authority to initiate a disciplinary action against the licensee 
upon any ground provided by law. 
(d) A licensee whose license has been revoked or involuntarily suspended may submit 
a request to the Department for reinstatement of a license. 
(1) To submit a request for reinstatement of a license, the licensee must submit an 
application specified in section 74812 to the Department. 
(2) A licensee is eligible to submit the application to the Department after a period of not 
less than one year has elapsed from the effective date of the revocation or suspension. 
 
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Note: Authority cited: Sections 1753, 1753.1, 131000, 131050, 131051, and 131200, 
Health and Safety Code. 
Reference: Sections 1266, 1266.5, 1748, 1749, 1754, 1755, and 1756, Health and 
Safety Code, and Section 11506, Government Code. 
 
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Article 3. Services. 
Adopt section 74848 to read as follows: 
Section 74848. Nursing. 
(a) A hospice must provide staffing by licensed nurses within the scope of their 
licensure 24 hours a day, seven days a week. 
(b) A licensed nurse must be assigned 12 or fewer patients. For the purposes of this 
section “licensed nurse” means either a registered nurse or a licensed vocational nurse, 
and “assigned” means the licensed nurse has primary responsibility for the provision of 
care to a particular patient within their scope of practice. 
(c) A hospice must develop, implement, and maintain documented policies and 
procedures: 
(1) To determine staffing for on-call nursing services to ensure that a registered nurse 
can appear in-person to perform nursing services within two hours of receiving 
information that a patient has a medical need or if a safety concern exists. 
(2) For how on-call nursing personnel must contact hospice management personnel, 
including, but not limited to, the Director of Patient Care Services or Medical Director, 
for after-hours assistance. 
(d) Only licensed nurses who are employed by or contracted with the hospice and are 
assigned to provide direct patient care can be included in the nurse-to-patient ratio. 
(e) Licensed vocational nurses may be assigned to patients, except where registered 
nurses are required to provide care pursuant to their scope of practice. 
(f) To ensure the specific needs of patients are met, a hospice must implement a patient 
acuity system. A hospice must consult registered nurse personnel to provide input in the 
implementation of the patient acuity system. For the purposes of this section, “patient 
acuity system” means a method for establishing staffing requirements based on patient 
acuity levels which must include, but is not limited to: 
(1) A method to predict nursing care requirements for each individual patient based on 
the patient’s plan of care. 
(2) A method to assess and validate the amount of nursing care needed for each 
patient. 
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(3) A method to discern trends and patterns of nursing care delivery by personnel. 
(4) A mechanism to test the accuracy of the nursing care validation method described in 
subdivision (f)(2). This method must address the amount of nursing care needed by 
patient category and pattern of care delivery on an annual basis, or more frequently if 
warranted by changes in patient populations, skill mix of the personnel, or method of 
care delivery. 
(5) A method to determine personnel resource allocations based on nursing care 
requirements for each shift. 
(6) A method by which the hospice validates the reliability of the patient acuity system 
as described in subdivision (i). 
(g) Additional personnel, including, but not limited to, home health aides and volunteers, 
in excess of the prescribed nurse-to-patient ratio must be assigned in accordance with 
the hospice’s documented patient acuity system for determining nursing care 
requirements as described in subdivision (f). Factors to consider for assigning additional 
personnel include, but are not limited to: 
(1) The stage and severity of the patient’s terminal illness. 
(2) The need for specialized equipment and technology. 
(3) The complexity of clinical judgment needed to implement and evaluate the patient’s 
plan of care. 
(4) The ability for patient self-care, or level of caregiver support. 
(5) The licensure of personnel required to provide care. 
(6) The risk of patient injury. 
(7) Patient developmental disabilities. 
(8) The need for specialized treatments. 
(9) The number of weekly requests made by the patient and the patient’s family or 
representative for symptom management. 
(10) Increased psychosocial needs, behavioral health needs, or neurological issues of 
the patient. 
(h) A hospice must develop, implement, and maintain documented policies and 
procedures that contain the criteria for determining patient acuity levels and nurse 
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caseloads. 
(i) The reliability of the patient acuity system must be reviewed at least annually by a 
committee appointed by the Director of Patient Care Services. The committee must 
determine if the patient acuity system continues to accurately measure patient care 
needs, and if it continues to accurately determine staffing requirements. The committee 
must, at minimum, meet all of the following requirements: 
(1) At least half of the committee members must be registered nurses who provide 
direct patient care. 
(2) If the committee’s review determines that adjustments to the patient acuity system 
are necessary, such adjustments must be resolved and implemented within 30 days 
from when the determination was made. 
(3) The hospice must maintain complete and accurate records of all committee 
meetings which must: 
(A) Be documented to capture all suggested adjustments to the patient acuity system 
and all implemented adjustments made to the patient acuity system since the previous 
committee meeting. 
(B) Contain the date and time of the committee meeting, the meeting agenda, meeting 
minutes, the personnel in attendance and their title, and the name and contact 
information of the individual who facilitated the meeting. 
(C) Be on file at the hospice. 
(D) Be signed by the hospice Administrator. 
(4) The hospice must develop, implement, and maintain a documented process by 
which interested personnel may provide input about the patient acuity system, the 
system's required revisions, and the overall staffing plan. 
(j) Nothing in this section prohibits a licensed nurse from assisting with a patient who is 
assigned to another nurse. For the purposes of this section, “assist” means that a 
licensed nurse may provide patient care beyond their patient assignments if the task 
performed is specific, time-limited, within the licensed nurse’s scope of practice, and not 
on a reoccurring basis. 
 
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Note: Authority cited: Sections 1753, 1753.1, 131000, 131050, 131051, and 131200, 
Health and Safety Code. 
Reference: Sections 1746 and 1749, Health and Safety Code. 
 
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Adopt section 74852 to read as follows: 
Section 74852. Director of Patient Care Services. 
(a) The hospice governing body must appoint a Director of Patient Care Services in 
writing. 
(b) The Director of Patient Care Services must qualify for the position by meeting the 
requirements of either subdivision (b)(1) or (b)(2): 
(1) A registered nurse with a baccalaureate or higher degree in nursing or other health 
related field and a minimum of two years of full-time supervisory or managerial 
experience in a hospice or a home health agency within the last five years. 
(2) A registered nurse with a minimum of four years of full-time supervisory or 
managerial experience in a hospice or a home health agency within the last five years. 
(c) The Administrator must appoint a Director of Patient Care Services Designee in 
writing, who meets one of the requirements of subdivision (b), that will assume the 
responsibilities and obligations of the Director of Patient Care Services if the Director of 
Patient Care Services is not available. 
(d) Pursuant to section 74832(b), an individual that has had disciplinary action taken 
against them within the last seven years is not eligible to be a Director of Patient Care 
Services or a Director of Patient Care Services Designee of a hospice. 
(e) Except as provided in subdivision (f), a Director of Patient Care Services or a 
Director of Patient Care Services Designee must not have concurrent employment with 
another hospice. 
(f) A Director of Patient Care Services or a Director of Patient Care Services Designee 
may be concurrently employed by no more than two hospices only if both hospices are 
located in the same rural area. 
(g) Any vacancy in the Director of Patient Care Services or the Director of Patient Care 
Services Designee positions must be filled within 60 days from when the vacancy 
occurred. A hospice must notify the Department of the replacement within 10 business 
days of appointment by submitting a change of Director of Patient Care Services 
application pursuant to section 74828(b). 
(h) If a hospice is unable to fill the Director of Patient Care Services or the Director of 
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Patient Care Services Designee positions within 60 days, the hospice may submit a 
request for an extension to the Department. The request for an extension must: 
(1) Be submitted in writing with evidence that the hospice made an effort to fill the 
vacant positions. Evidence must include, but is not limited to, all of the following: 
(A) Copies of job advertisements in local publications or online that demonstrate 
recruitment efforts for the vacant positions. 
(B) Job descriptions for the vacant positions. 
(C) Documentation that the pay is competitive for the vacant positions, including but not 
limited to job advertisements for similar positions. For the purposes of this section, 
“similar positions” means jobs that are similar to a hospice Director of Patient Care 
Services in terms of job duties performed and education, experience, and certification 
requirements. 
(2) Demonstrate that the requested extension will not diminish the quality of care 
provided to patients. 
Note: Authority cited: Sections 1753, 1753.1, 131000, 131050, 131051, and 131200, 
Health and Safety Code. 
Reference: Section 1749 and 1753.1, Health and Safety Code. 
 
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Adopt section 74856 to read as follows: 
Section 74856. Medical Director. 
(a) The hospice governing body must appoint a Medical Director in writing. 
(b) The Medical Director must qualify for the position by meeting all of the following 
requirements: 
(1) The Medical Director must possess a current and valid license as a physician and 
surgeon issued by the Medical Board of California or by the Osteopathic Medical Board 
of California. 
(2) The Medical Director must have a minimum of two years of full-time supervisory or 
managerial experience in a hospice, home health agency, or providing palliative care to 
patients within the last five years. 
(c) The Administrator must appoint a Medical Director Designee in writing who meets 
the requirements of subdivision (b) that will assume the responsibilities and obligations 
of the Medical Director if the Medical Director is not available. 
(d) The Medical Director and the Medical Director Designee may be employed by or 
under contract with the hospice on a full time or part time basis. 
(e) Pursuant to section 74832(b), an individual that has had disciplinary action taken 
against them within the last seven years is not eligible to be a Medical Director or the 
Medical Director Designee of a hospice. 
(f) Except as provided in subdivision (g), a Medical Director or a Medical Director 
Designee must not have concurrent employment with other hospices. 
(g) A Medical Director or a Medical Director Designee may be concurrently employed or 
contracted by no more than three hospices only if all hospices are located in the same 
rural area. 
(h) A hospice may contract with either of the following to be the Medical Director: 
(1) A self-employed physician. 
(2) A physician employed by a professional entity or physician’s group. When 
contracting for medical director services, the contract must specify the physician who 
assumes the responsibilities and obligations of the Medical Director. 
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(i) Any vacancy in the Medical Director or the Medical Director Designee positions must 
be filled within 60 days from when the vacancy occurred. The Department must be 
notified of the replacement within 10 business days of appointment by submitting a 
change of Medical Director application pursuant to section 74828(b). 
(j) If a hospice is unable to fill the Medical Director or Medical Director Designee position 
within 60 days, the hospice may submit a request for an extension to the Department. 
The request for an extension must: 
(1) Be submitted in writing with evidence that the hospice made an effort to fill the 
positions. Evidence must include, but is not limited to, all of the following: 
(A) Copies of job advertisements in local publications or online that demonstrate 
recruitment efforts for the vacant positions. 
(B) Job descriptions for the vacant positions. 
(C) Documentation that the pay is competitive for the vacant positions, including but not 
limited to job advertisements for similar positions. For the purposes of this section, 
“similar positions” means jobs that are similar to a hospice Medical Director in terms of 
job duties performed and education, experience, and certification requirements. 
(2) Demonstrate that the requested extension will not diminish the quality of care 
provided to patients. 
 
Note: Authority cited: Sections 1753, 1753.1, 131000, 131050, 131051, and 131200, 
Health and Safety Code. 
Reference: Section 1749 and 1753.1, Health and Safety Code. 

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Article 4. Plan of Care. 
Adopt section 74860 to read as follows: 
Section 74860. Admission. 
(a) A hospice must: 
(1) Develop, implement, and maintain documented policies and procedures for the 
admission of hospice patients. 
(2) Admit a patient only on physician’s orders pursuant to subdivision (c). 
(3) Accept and retain patients for which the hospice can provide care pursuant to 
section 74868. 
(b) A patient may be admitted to a hospice with the informed consent of the patient or 
the patient’s representative for either or both of the following reasons: 
(1) A need for hospice care and a diagnosis of terminal illness as defined in 
74800(a)(55). 
(2) A need for preliminary hospice care as identified in Health and Safety Code section 
1749(g). 
(c) Pursuant to subdivision (b)(1), to be admitted to a hospice a patient must obtain 
initial certification of terminal illness from the Medical Director or the Medical Director 
Designee of the hospice, in consultation with the patient’s attending physician. 
(1) A physician who is a hospice employee member of the interdisciplinary team may 
certify that a patient has a terminal illness if the patient does not have an attending 
physician or if the patient’s attending physician is unavailable. 
(2) The initial certification must be signed and dated by the Medical Director or the 
Medical Director Designee, and the patient’s attending physician or the hospice 
physician who performed the certification. 
(3) The Medical Director or the Medical Director Designee must include the following 
documentation in the initial certification of terminal illness: 
(A) An attestation that the patient’s prognosis includes a life expectancy of 12 months or 
less if the terminal illness runs its natural course. 
(B) A brief narrative explaining the clinical findings that support the patient’s life 
expectancy of 12 months or less. The narrative must be located immediately prior to the 
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Medical Director or Medical Director Designee’s signature and must include, but is not 
limited to: 
(i) Information on the patient’s individual clinical circumstances and must not contain 
check boxes or standard language used for all patients. 
(ii) A statement directly above the Medical Director or Medical Director Designee’s 
signature attesting that by signing the Medical Director or Medical Director Designee 
confirms composing the narrative based on either or both the patient’s medical record or 
on the physician’s personal examination of the patient. 
(C) If an addendum to the narrative is added to the initial certification after it has been 
signed by the Medical Director or Medical Director Designee, the addendum must also 
be signed by the Medical Director or Medical Director Designee immediately following 
the added narrative. 
(D) Include clinical information that supports the medical prognosis. 
(4) The signed initial certification of terminal illness must be filed in the patient’s medical 
record. 
(d) Before certifying the terminal illness of a patient pursuant to subdivision (c), the 
Medical Director or Medical Director Designee and the attending physician or hospice 
physician must consider all of the following: 
(1) The diagnosis of the terminal condition of the patient. 
(2) Any other diagnoses or health conditions, whether related or unrelated to the 
terminal condition, if applicable. 
(3) Any current clinically relevant information supporting all diagnoses. 
(4) Any current medication and treatment orders. 
(5) Information about the medical management of any of the patient’s conditions 
unrelated to the terminal illness. 
(e) At the time of admission, a hospice must: 
(1) Complete an initial assessment of the immediate needs of the patient pursuant to 
section 74864(a). 
(2) Provide the patient or the patient’s representative with written materials created by 
the hospice explaining the hospice’s policies relating to advance directives and 
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information regarding the benefits of advance directives. 
(A) Written materials regarding advance directives must include, but are not limited to: 
(i) The patient’s rights to make decisions concerning medical care including, but not 
limited to, the right to accept or refuse treatment and the right to create advance 
directives. 
(ii) The hospice’s policies regarding the implementation of advance directives. 
(B) Any written materials and information required under this subdivision must be 
provided in the primary language of the patient or the patient’s representatives and 
included in the patient’s medical record. 
(3) Pursuant to subdivision (e)(2), at the time of admission the hospice must include in 
the patient’s medical record either: 
(A) A copy of the advance directives prepared and signed by the patient or the patient’s 
representative. 
(B) A document signed by the patient or the patient’s representative acknowledging that 
the patient does not have any advance directives at the time of admission, but the 
hospice has provided the patient with written materials explaining the hospice’s policies 
relating to advance directives and information regarding the benefits of advance 
directives. 
(f) A hospice must not accept a patient for service if the patient’s primary residence is 
outside the hospice’s approved geographic service area. 
 
Note: Authority cited: Sections 1753, 1753.1, 131000, 131050, 131051, and 131200, 
Health and Safety Code. 
Reference: Section 1749, Health and Safety Code. 
 
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Adopt section 74864 to read as follows: 
Section 74864. Assessments. 
(a) A registered nurse must complete an initial assessment of the immediate needs of 
the patient and the patient’s family within 48 hours of the patient’s admission. 
(1) The registered nurse must perform the initial assessment in the location where the 
patient will receive hospice services. 
(2) The registered nurse must document their findings in writing. 
(3) The initial assessment must serve as the basis for developing the patient’s 
individualized plan of care pursuant to section 74868. 
(4) Documentation of the initial assessment must be filed in the patient’s medical record. 
(b) All hospice employee members of the assigned interdisciplinary team must complete 
a comprehensive assessment in collaboration with the patient’s attending physician 
within five days of the patient’s admission to the hospice. For the purposes of this 
chapter, “hospice employee members” of the interdisciplinary team consists of the 
individuals defined under section 74800(a)(31) that receive compensation from the 
hospice. If the patient does not have an attending physician, or if the attending 
physician is unavailable, the hospice’s Medical Director or another hospice physician 
must be consulted. 
(1) The comprehensive assessment must identify and evaluate the patient’s needs 
regarding the patient’s terminal illness and related conditions that must be addressed to 
promote the patient’s well-being, comfort, and dignity throughout the dying process. 
(2) The hospice employee members of the interdisciplinary team must evaluate and 
consider the following factors when completing a patient’s comprehensive assessment: 
(A) The nature and condition that caused the patient to be admitted to the hospice, 
including the presence or lack of objective data and self-reported symptoms and 
experiences. 
(B) The potential complications and risk factors that may affect the hospice’s ability to 
address the patient’s needs through the plan of care. 
(C) The patient’s physical condition, functional status and abilities, and mental status 
including the patient’s ability to understand and participate in their own care. 
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(D) The patient’s symptoms and severity of pain, including their level of discomfort and 
symptom relief. 
(E) The patient’s symptoms indicating the imminence of death. 
(F) A review of the patient’s medication information, including over the counter drugs. 
(G) An assessment of the bereavement needs of the patient and the patient’s family, if 
applicable. A bereavement assessment must address the social, spiritual, and cultural 
factors that may impact the patient’s family’s ability to cope with the patient’s death. 
(H) The patient’s spiritual orientation and needs. 
(I) An evaluation of the caregiver’s and family’s willingness and capability to care for the 
patient. 
(J) The need for referrals and further evaluation by appropriate health professionals. 
(K) Other information identified during the comprehensive assessment and found to be 
necessary to develop an effective plan of care. 
(3) A hospice must develop, implement, and maintain documented policies and 
procedures to include data elements that allow for measurement of patient outcomes in 
a comprehensive assessment. The included data elements must: 
(A) Be measured and documented the same way for all patients. 
(B) Take into consideration aspects of care related to hospice. 
(4) A completed comprehensive assessment must be documented in writing and must 
be filed in the patient’s medical record. 
(c) The hospice employee members of the interdisciplinary team must review, revise, 
and update the patient’s comprehensive assessment in collaboration with the patient’s 
attending physician as frequently as the patient’s condition requires, but no less than 
every 15 days. If the patient does not have an attending physician or if the attending 
physician is unavailable, the hospice’s Medical Director or another hospice physician 
must be consulted. 
(1) The hospice employee members of the interdisciplinary team must perform each 
periodic comprehensive assessment to include the following updates on the patient’s 
condition: 
(A) An evaluation of the changes that have taken place since the most recent 
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assessment was performed. 
(B) An evaluation of the patient’s progress toward desired outcomes identified in the 
patient’s plan of care. 
(C) A reassessment of the patient’s response to the care being provided. 
(2) All updated comprehensive assessments must be documented in writing and must 
be filed in the patient’s medical record. 
 
Note: Authority cited: Sections 1753, 1753.1, 131000, 131050, and 131200, Health and 
Safety Code. 
Reference: Sections 1746 and 1749, Health and Safety Code. 
 
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Adopt section 74868 to read as follows: 
Section 74868. Plan of Care. 
(a) A hospice must ensure that the assigned hospice employees on the interdisciplinary 
team provide all services to a patient in accordance with the individualized plan of care 
written in collaboration with the patient’s attending physician. If a patient does not have 
an attending physician or if the attending physician is unavailable, the Medical Director 
or the Medical Director Designee of the hospice must be consulted in developing the 
patient’s plan of care. 
(1) A hospice must guarantee that the interdisciplinary team is composed of individuals 
who work together to meet the physical, medical, psychosocial, emotional, and spiritual 
needs of the hospice patient experiencing terminal illness, and the patient’s family 
experiencing bereavement. 
(A) All hospice employees on the interdisciplinary team must be appropriately trained 
and credentialed in their respective fields of practice. 
(B) All hospice employees on the interdisciplinary team must be jointly responsible for 
the provision of care and services provided to patients. 
(2) A hospice must assign at least one registered nurse to each interdisciplinary team. 
The assigned registered nurse has primary responsibility for the following duties: 
(A) Implementation of the patient’s plan of care. 
(B) Coordination of the patient’s care among the interdisciplinary team. 
(C) Coordination and implementation of periodic comprehensive assessments in 
accordance with the requirements of this article. 
(b) The hospice employee members of the interdisciplinary team must develop a written 
plan of care based on the comprehensive assessment of the patient to address their 
individualized needs in accordance with the requirements of this article. 
(c) A hospice must guarantee that the hospice employee members of each patient’s 
assigned interdisciplinary team write an individualized plan of care. The plan of care 
must include, but is not limited to: 
(1) The patient’s current diagnoses and information on their health status. 
(2) The goals and outcome measures that the hospice anticipates will occur as a result 
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of the successful implementation and coordination of the plan of care. 
(3) The types and frequency of services to be provided. 
(4) The identification of the assigned registered nurse who is responsible for 
coordinating the patient’s plan of care. 
(5) The identification of the patient’s assigned interdisciplinary team members and any 
family members or caregivers who will provide the services required by the patient’s 
plan of care. 
(6) The patient’s symptoms. 
(7) The patient’s prescribed method of pain management. 
(8) The ability of the patient or the patient’s caregiver to safely self-administer drugs and 
biologicals to the patient and the level of medication assistance to be provided by the 
interdisciplinary team, if necessary. 
(9) The medical supplies and equipment required to implement the plan of care which 
must be provided by the hospice while the patient is receiving care. 
(10) The orders for treatments and their frequency to be provided and monitored by the 
interdisciplinary team. 
(11) The patient’s physical, cognitive, and functional limitations. 
(12) The physical activities permitted for the patient. 
(13) The patient’s special dietary needs. 
(14) The patient’s food or drug allergies. 
(15) The patient’s palliative care needs. 
(16) The safety measures necessary to protect the patient from injury. 
(17) Documentation of all education, training, and written instructions provided to the 
patient and the patient’s caregiver regarding: 
(A) The specific responsibilities for the care and services identified in the patient’s plan 
of care. 
(B) The assessment of the abilities of the patient and the patient’s caregiver to provide 
care in accordance with the plan of care. 
(C) The management and safe disposal of controlled substances in the patient’s 
residence. 
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(18) The bereavement care needs of the patient’s family based on the bereavement 
assessment described in section 74864(b)(2)(G). 
(19) The patient’s anticipated discharge date, if applicable. 
(d) A hospice must develop, implement, and maintain documented policies and 
procedures to ensure that the interdisciplinary team uses a documented system of 
communication. The system of communication used by the interdisciplinary team must 
share information: 
(1) Between all hospice personnel that provide care and services in all settings, whether 
the care and services are provided directly or under arrangement with another care 
provider. 
(2) With any other non-hospice health care providers who are providing non-hospice 
services to a patient. 
(e) The registered nurse assigned to the interdisciplinary team must direct, coordinate, 
and supervise care and services provided by all hospice and non-hospice care 
providers in accordance with a patient’s plan of care and subdivision (b). 
(f) A hospice must ensure that the patient’s individualized plan of care developed by the 
interdisciplinary team is approved and signed by the patient’s attending physician. If the 
patient does not have an attending physician or if the attending physician is unavailable, 
only the Medical Director or the Medical Director Designee may approve and sign the 
patient’s plan of care. 
(g) The interdisciplinary team may propose modifications to a patient’s plan of care. A 
proposed modification may only be implemented by the interdisciplinary team once the 
patient’s attending physician, the Medical Director, or the Medical Director Designee 
has approved the modification in writing. 
(h) If a personnel member or a hospice volunteer observes a significant change to the 
patient’s condition that indicates a modification to the plan of care may be necessary, 
the individual must notify the patient’s attending physician, the hospice Medical Director, 
or the Medical Director Designee as soon as possible within 24 hours of observation. 
(i) Pursuant to subdivision (h), a hospice must develop, implement, and maintain 
documented policies and procedures that include, but are not limited to: 
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(1) A list that identifies all significant changes that must be reported, which must include 
but is not limited to, sudden: 
(A) Loss of coherency or cognitive abilities. 
(B) Decrease in weight or appetite. 
(C) Onset of behavioral conduct issues. 
(D) Increase in pain. 
(2) A list that identifies any additional individuals who must be notified if there is a 
significant change to the patient’s condition, such as hospice personnel who provide 
care to the patient and the patient’s representative, if applicable. 
(3) The methods of notification to all required individuals. 
(4) A timeline that instructs when all necessary individuals must be notified once a 
significant change is identified. 
(5) A timeline that instructs when the patient’s representative must be notified, and the 
method of notification, once a significant change to the patient’s condition is identified. 
 
Note: Authority cited: Sections 1753, 1753.1, 131000, 131050, and 131200, Health and 
Safety Code. 
Reference: Sections 1746, 1749, 1751.5, and 1752, Health and Safety Code. 
 
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Adopt section 74872 to read as follows: 
Section 74872. Plan of Care – Review. 
(a) A patient’s plan of care must be updated as frequently as the condition of the patient 
requires, but not less frequently than every 15 days. 
(b) The hospice employee members of the interdisciplinary team must consider, 
discuss, and explain in writing the following elements for each periodic review and 
update to a patient’s plan of care: 
(1) Information gathered from the patient’s most recent comprehensive assessment. 
(2) Information on the patient’s progress toward desired outcomes identified in the most 
recent plan of care. 
(3) A reassessment of the patient’s response to care. 
(c) All updates to the plan of care must be documented in writing and must be made in 
collaboration with the patient’s attending physician. If the patient does not have an 
attending physician or if the attending physician is unavailable, the Medical Director or 
the Medical Director Designee of the hospice must be consulted when updating the plan 
of care. 
(d) All versions of a patient’s plan of care must be filed in the patient’s medical record. 
 
Note: Authority cited: Sections 1753, 1753.1, 131000, 131050, and 131200, Health and 
Safety Code. 
Reference: Sections 1746, 1749, 1751.5, and 1752, Health and Safety Code. 
 
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Article 5. Administration 
 
Adopt section 74876 to read as follows: 
Section 74876. Administrator. 
(a) The hospice governing body must appoint an Administrator in writing. 
(b) The Administrator must have a baccalaureate degree or higher in a health-related 
field and a minimum of two years of full-time supervisory or managerial experience in a 
hospice, home health agency, primary care clinic, or health facility within the last five 
years. 
(c) The Administrator must appoint a Designee in writing who meets the requirements of 
subdivision (b) that will assume the responsibilities and obligations of the Administrator 
if the Administrator is not available. 
(d) The Administrator or the Administrator Designee must be on the premises of the 
hospice or accessible by telecommunication during their scheduled work hours. 
(e) Pursuant to section 74832(b), an individual that has had disciplinary action taken 
against them within the last seven years is not eligible to be an Administrator or an 
Administrator Designee of a hospice. 
(f) Except as provided in subdivision (g), an Administrator or an Administrator Designee 
must not have concurrent employment with another hospice. 
(g) An Administrator or an Administrator Designee may be concurrently employed by no 
more than two hospices only if both hospices are located in the same rural area. 
(h) Any vacancy in the Administrator or the Administrator Designee positions must be 
filled within 60 days from when the vacancy occurred. A hospice must notify the 
Department of the replacement within 10 business days of appointment by submitting a 
change of Administrator application pursuant to section 74828(b). 
(i) If a hospice is unable to fill the Administrator or the Administrator Designee positions 
within 60 days, the hospice may submit an extension request to the Department. The 
request for an extension must: 
(1) Be submitted in writing with evidence that the hospice made an effort to fill the 
vacant positions. Evidence must include, but is not limited to, all of the following: 
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(A) Copies of job advertisements in local publications or online that demonstrate 
recruitment efforts for the vacant positions. 
(B) Job descriptions for the vacant positions. 
(C) Documentation that the pay is competitive for the vacant positions, including, but not 
limited to, job advertisements for similar positions. For the purposes of this section, 
“similar positions” means jobs that are similar to a hospice Administrator in terms of job 
duties performed and education, experience, and certification requirements. 
(2) Demonstrate that the requested extension will not diminish the quality of care 
provided to patients. 
 
Note: Authority cited: Sections 1753, 1753.1, 131000, 131050, 131051, and 131200, 
Health and Safety Code. Reference: Section 1749 and 1753.1, Health and Safety Code. 

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Adopt section 74880 to read as follows: 
Section 74880. Hospice Management Orientation and Annual Training Requirements. 
(a) A first-time Administrator or first-time Administrator Designee must satisfy 
subdivision (a)(1) or (a)(2) within the first 12 months of hire. For the purposes of this 
section, a “first-time Administrator” or “first-time Administrator Designee” means an 
individual who has never been designated or served as an Administrator or 
Administrator Designee at a hospice in the State of California. 
(1) A total of 24 hours of educational training in the management of a hospice including, 
but not limited to: 
(A) Hospice operations, administration, and services. 
(B) Human resource management. 
(C) Personnel onboarding. 
(D) Hospice regulatory requirements. 
(E) Hospice quality assessment and performance improvement. 
(2) A hospice certification program that includes, but is not limited to: 
(A) Identifying new practices to integrate quality assessment and performance 
improvement goals. 
(B) Understanding financial management, planning, and operations. 
(C) Hospice regulatory requirements. 
(b) A first-time Medical Director or first-time Medical Director Designee must satisfy 
subdivision (b)(1) or (b)(2) within the first 12 months of hire. For the purposes of this 
section, a “first-time Medical Director” or “first-time Medical Director Designee” means 
an individual who has never been designated or served as a Medical Director or 
Medical Director Designee at a hospice in the State of California. 
(1) A total of 24 hours of educational training in the clinical management of a hospice 
including, but not limiting to: 
(A) Providing medical direction and support for hospice patients and the patient’s family 
and representatives. 
(B) Effective leadership and communication. 
(C) Ethical and professional conduct. 
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(D) Hospice regulatory requirements. 
(2) A hospice certification program that includes, but is not limited to: 
(A) Providing medical direction and support for hospice patients and the patient’s family 
and representatives. 
(B) Medical knowledge, including, but not limited to, medication and pain management, 
assessing and managing diagnoses and symptoms, hospice settings, and patient 
assessments. 
(C) Medical leadership and communication, including, but not limited to, ongoing 
support and education of hospice personnel. 
(D) Ethical and professional conduct. 
(E) Hospice regulatory requirements. 
(c) A first-time Director of Patient Care Services or first-time Director of Patient Care 
Services Designee must satisfy subdivision (c)(1) or (c)(2) within the first 12 months of 
hire. For the purposes of this section, a “first-time Director of Patient Care Services” or 
“first-time Director of Patient Care Services Designee” means an individual who has 
never been designated or served as an Director of Patient Care Services or Director of 
Patient Care Services Designee at a hospice in the State of California. 
(1) A total of 24 hours of educational training in the clinical management of a hospice 
including, but not limited to: 
(A) Providing clinical direction and support for hospice staff, hospice patients and the 
patient’s family and representatives. 
(B) Effective leadership and communication. 
(C) Ethical and professional conduct. 
(D) Hospice regulatory requirements. 
(2) A hospice certification program that includes, but is not limited to, the following 
topics: 
(A) Patient care assessment and planning. 
(B) Patient care pain and symptom management. 
(C) Support, education and advocacy for patients, as well as patient’s representatives, 
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caregivers, and family. 
(D) Regulatory compliance and practical considerations. 
(d) Hospice management personnel must complete a minimum of 20 hours of new hire 
orientation training within 60 days of hire, as provided by the hospice. Hospice 
management personnel hired prior to the promulgation of these regulations are exempt 
from this training requirement. New hire orientation training for hospice management 
personnel must include, but is not limited to: 
(1) A minimum of one hour total reviewing, identifying, and discussing the 
administrative, oversight, and investigative responsibilities of the following public 
entities: 
(A) California Department of Public Health. 
(B) California Department of Justice, Office of the Attorney General. 
(C) California Department of Health Care Services. 
(D) California Department of Social Services. 
(E) Centers for Medicare and Medicaid Services. 
(F) U.S. Department of Health and Human Services, Office of Inspector General. 
(G) U.S. Department of Justice. 
(2) A minimum of one hour total reviewing, identifying, and discussing the Department’s 
current hospice licensing requirements, including, but not limited to: 
(A) Health and Safety Code, Division 2, Chapter 8.5. 
(B) Title 22 of the California Code of Regulations, Division 5, Chapter 6.5. 
(C) All applicable requirements for initial licensure, inspections, change of ownership, 
report of changes, multiple locations, and license renewals pursuant to Article 2 of this 
chapter. 
(3) A minimum of six hours total reviewing the following: 
(A) Basic hospice services including, but not limited to: 
(i) Physician qualifications and responsibilities, including, but not limited to, the hospice 
Medical Director, hospice physician, and attending physician. 
(ii) Skilled nursing and licensed vocational nursing personnel qualifications and 
responsibilities. 
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(iii) Social work and counseling personnel qualifications and responsibilities. 
(iv) Bereavement counseling personnel qualifications and responsibilities. 
(v) Volunteer qualifications and responsibilities. 
(vi) Home health aide qualifications and responsibilities. 
(vii) Inpatient care arrangements. 
(B) Hospice administration, including, but not limited to: 
(i) The responsibilities and administrative policies of the hospice’s governing body, 
including development, administration, and required content. 
(ii) The responsibilities and qualifications of the hospice Administrator, Director of 
Patient Care Services, and Medical Director. 
(C) Human resource management, including, but not limited to: 
(i) The Americans with Disabilities Act, The Civil Rights Act of 1991, The Rehabilitative 
Act of 1993, and The Family and Medical Leave Act of 1993. 
(ii) Employee and volunteer requirements, including, but not limited to, state and federal 
exclusion lists, health screenings, initial and annual competency evaluations, 
orientation, and education. 
(iii) The written agreement content requirements for contracted services including, but 
not limited to, vendor, facility, and provider services. 
(iv) The requirements for human resource policies and procedures and how they will be 
implemented. 
(4) A minimum of six hours total reviewing hospice policies and procedures, including, 
but not limited to: 
(A) The hospice’s emergency preparedness plan, including, but not limited to: 
(i) Risk assessment. 
(ii) Training and testing. 
(iii) Implementation. 
(iv) Communication plan. 
(v) Evaluation. 
(vi) Compliance with state and federal statutory and regulatory requirements. 
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(B) The hospice’s infection control program, including, but not limited to: 
(i) Infection control education to personnel, contracted providers, volunteers, patients, 
patient’s families, and caregivers on the science of infectious disease transmission. 
(ii) Prevention measures to minimize the spread of infections and communicable 
diseases through daily activities such as hand hygiene, respiratory hygiene, cough 
etiquette and the use of personal protective equipment. 
(iii) Surveillance and monitoring for compliance with hospice policies and procedures 
related to infection control. 
(iv) Reporting all cases of outbreak or undue prevalence of infections or parasitic 
disease or infestation to the local health officer and the Department in accordance with 
applicable law. 
(v) Measures for investigating outbreaks. 
(C) Complaint management, including, but not limited to: 
(i) Documentation required for hospice patients or patient’s families to submit a 
complaint. 
(ii) Investigation and review of received complaints. 
(iii) Follow-up requirements to resolve a complaint. 
(iv) Safety management, such as real or potential threats to the health or safety of 
personnel or patients. 
(v) Criminal misconduct, including investigation and reporting requirements of abuse, 
neglect, and exploitation to the appropriate law enforcement agency. 
(D) Fraud, waste, and abuse, including, but not limited to: 
(i) Training to personnel, contracted providers and volunteers on how to prevent fraud, 
waste and abuse. Personnel, contracted providers, and volunteers must also be trained 
on how and when to report instances or allegations of fraud, waste, and abuse in 
accordance with applicable state and federal reporting requirements. 
(ii) Surveillance and monitoring for compliance with hospice policies and procedures 
related to fraud, waste, and abuse. 
(iii) Patient rights and protection from retaliation by personnel, contracted providers, or 
volunteers. 
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(E) Patient medical records, including, but not limited to: 
(i) Required content, pursuant to section 74892. 
(ii) Proper documentation of services, pursuant to section 74892. 
(iii) Proper storage and maintenance, pursuant to sections 74892 and 74896. 
(iv) The Health Insurance Portability and Accountability Act requirements, including, but 
not limited to, the privacy rule requirements pursuant to Title 45 of the Code of Federal 
Regulations parts 160 and 164, subparts A and E; the security rule requirements 
pursuant to Title 45 of the Code of Federal Regulations parts 160 and 164, subparts A 
and C; the breach notification rule requirements pursuant to Title 45 of the Code of 
Federal Regulations part 164, subpart D; and the confidentiality of substance use 
disorder patient records pursuant to Title 42 of the Code of Federal Regulations part 2, 
subpart A, if applicable. 
(v) California confidentiality laws including, but not limited to, the confidentiality of 
medical information requirements pursuant to the Confidentiality of Medical Information 
Act; medical breach reporting requirements pursuant to Health and Safety Code section 
1280.15; patient rights to access health records pursuant to Health and Safety Code 
Division 106, Part 1, Chapter 1; patient human immunodeficiency virus testing 
protections pursuant to Health and Safety Code Division 105, Part 4, Chapter 7; and the 
Information Practices Act of 1977, if applicable. 
(F) Controlled substance management, including, but not limited to: 
(i) Prescribing. 
(ii) Dispensing. 
(iii) Administering. 
(iv) Accountability, including, but not limited to, receipt and reconciliation of controlled 
substances. 
(v) Storage. 
(5) A minimum of six hours total reviewing hospice patient care requirements, including, 
but not limited to: 
(A) Hospice Admission. 
(B) Patient rights and responsibilities, including, but not limited to: 
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(i) Policies and procedures. 
(ii) Required notifications including, but not limited to, change in advance directives, 
change in address or telephone number, or a problem or dissatisfaction with patient 
care. 
(iii) Uniform Health Care Decisions Act requirements. 
(iv) California End of Life Option Act requirements. 
(C) Initial and comprehensive assessments pursuant to section 74864 subdivisions (a) 
and (b). 
(D) Plan and coordination of care pursuant to section 74868. 
(E) Live patient discharge or transfer. 
(F) Patient discharge by death. 
(6) New hire orientation training must also include a minimum of one additional hour 
total if the hospice maintains optional services including, but not limited to, physical 
therapy, occupational therapy, and speech-language pathology therapy. This additional 
training must include information on the qualifications and responsibilities of all 
personnel of those services. 
(e) In addition to subdivision (d), all hospice management personnel must complete a 
minimum of 12 hours of annual training. For the purposes of this section, “annual” 
means each 12-month period starting from the individual’s date of hire. Annual training 
for hospice management personnel must include, but is not limited to: 
(1) A minimum of six hours reviewing hospice policies and procedures, including, but 
not limited to: 
(A) The hospice’s emergency preparedness plan as described in subdivision (d)(4)(A). 
(B) Infection control program as described in subdivision (d)(4)(B). 
(C) Complaint management as described in subdivision (d)(4)(C). 
(D) Fraud, waste, and abuse as described in subdivision (d)(4)(D). 
(E) Patient medical records as described in subdivision (d)(4)(E). 
(F) Controlled substance management as described in subdivision (d)(4)(F). 
(2) A minimum of six hours total reviewing hospice patient care requirements as 
described in subdivision (d)(5). 
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(f) Training and certification programs completed by hospice management personnel 
must be in the form of structured, formalized classes, correspondence courses, 
competency-based computer courses, training videos, distance learning programs, off-
site training courses, or any combination of these training methods. If the training or 
certification program is not provided by the hospice, it must be provided by a certified or 
accredited training provider. 
(g) A hospice must not accept training or certification programs completed by the 
individual prior to their first day of employment at the hospice as credit toward the new 
hire orientation or annual training requirements of this section. 
(h) Hospice management personnel are not required to repeat new hire orientation 
training requirements if they previously held a hospice management personnel position 
at the same hospice where they are starting a new management position and have 
previously completed the new hire orientation training requirements of subdivision (d). 
(i) A hospice must maintain documentation of all training or certification programs 
completed by hospice management personnel. This documentation must include but is 
not limited to: 
(1) The name of the training or certification program. 
(2) The name of the participant that attended the training or certification program. 
(3) A description of the content of the training or certification program. 
(4) The name and contact information of the entity that provided the training or 
certification program. 
(5) The name of the instructor who provided the training or certification program. 
(6) The hours and dates the participant attended the training or certification program. 
(7) A completion certificate for the training or certification program signed by the 
participant and the participant’s supervisor. 
 
Note: Authority cited: Sections 1753, 1753.1, 131000, 131050, 131051, and 131200, 
Health and Safety Code. 
Reference: Sections 1749 and 1753.1, Health and Safety Code. 
 
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Adopt section 74884 to read as follows: 
Section 74884. Personnel Records. 
(a) A hospice must maintain a record for each individual hospice personnel member. 
Personnel records must be current upon hire for each individual and must be 
maintained by the hospice to include all subsequent reviews or updates made during 
the individual’s employment with the hospice. 
(b) The record for each personnel member must include, but is not limited to: 
(1) Full legal name. 
(2) Social Security number. 
(3) Home address. 
(4) Mailing address, if different than home address. 
(5) Phone number. 
(6) A copy of the individual’s professional license, including license number and date of 
expiration, if applicable. 
(7) Job title and employment classification, including, but not limited to, a statement of 
duties performed by the individual. 
(8) A resume containing the individual’s qualifications for the position. 
(9) Verification of employment history and experience, including, but not limited to, 
reference checks performed by the hospice. 
(10) Start date of employment. 
(11) Documentation of completion of hospice management personnel orientation and 
training requirements pursuant to section 74880, if applicable. 
(12) Written confidentiality agreements between the hospice and the individual. 
Agreements must be in accordance with the hospice’s policies and procedures and 
must be signed and dated by the individual and the hospice Administrator. 
(13) Proof of clearance from the Office of Inspector General’s List of Excluded 
Individuals and Entities. The hospice must complete the proof of clearance prior to the 
individual’s employment. 
(14) Signed and dated conflict of interest forms, including, but not limited to, the initial 
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conflict of interest form required at time of hire, and all subsequently required forms 
during employment. 
(15) All performance evaluations completed during employment with the hospice. 
(16) Date of separation from the hospice, if applicable. 
(c) Personnel records must be retained for at least four years following the individual’s 
date of separation from the hospice. 
(d) A hospice must retain records of all hours and dates worked by all personnel during 
the most recent 12-month period. 
(e) All personnel records must be maintained in a confidential manner. 
(f) A hospice must make personnel records, including electronic personnel records, 
available to representatives of the Department within 24 hours upon request by the 
Department. 
 
Note: Authority cited: Sections 1753, 1753.1, 131000, 131050, 131051, and 131200, 
Health and Safety Code. Reference: Section 1749, Health and Safety Code. 
 
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Adopt section 74888 to read as follows: 
Section 74888. Medical Record Service. 
(a) A hospice must establish and maintain a patient medical record system to ensure 
that the care and services provided to each patient are completely and accurately 
documented, readily accessible, and systematically organized to facilitate the 
compilation and retrieval of information. 
(b) A hospice’s medical record service must include, but is not limited to: 
(1) Use of a record maintenance system that protects the security of medical record 
entries and requires authentication of documentation. 
(2) Develop, implement, and maintain documented policies and procedures for 
information governance that the governing body must approve. 
(c) A hospice’s medical records service must develop, implement, and maintain 
documented policies and procedures for the following activities pertaining to patient 
medical records: 
(1) The retrieval of medical information. 
(2) Reconciliation. For the purpose of this section, “reconciliation” means the process of 
ensuring that a hospice generates a complete and accurate medical record for a patient 
upon discharge. 
(3) Deficiency analysis. For the purpose of this section, “deficiency analysis” means the 
process for detecting absent or missing medical information in a patient’s medical 
record. 
(4) Coding. 
(5) Filing. 
(6) Indexing. 
(7) Quality and content control. 
(8) Release of information. 
(d) A hospice must ensure that all patient medical records are accessible to authorized 
individuals 24 hours a day, seven days a week. 
(e) Patient medical records must be accessible for the following reasons which include, 
but are not limited to: 
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(1) Patient care needs. 
(2) Release of medical information requests. 
(3) Patient requests to amend or correct their record. 
(4) Department surveys or other requests from the Department. 
(f) Pursuant to subdivision (e)(3), a hospice must comply with a patient’s right to 
examine, obtain, and request corrections or amendments to their medical record, 
pursuant to Health and Safety Code sections 123110 and 123111, and Title 45 of the 
Code of Federal Regulations sections 164.524 and 164.526. 
(1) A hospice must provide a patient a copy of their medical record within 15 days after 
receiving a release of medical information request, pursuant to Health and Safety Code 
section 123110(b). 
(2) A hospice must develop, implement, and maintain documented policies and 
procedures for the following: 
(A) How and when the hospice must provide notification to a patient if a request for 
correction or amendment to a patient’s medical record was received. 
(B) How to determine if a patient’s request to correct or amend their medical record 
should be approved or denied. 
(C) How and when the hospice must provide notification if a request for correction or 
amendment to a patient’s medical record was approved or denied. 
(3) Documentation showing that a patient made a request, and whether the request was 
approved or denied, must be included in the patient’s medical record. If a request was 
denied by the hospice, documentation must include a written justification for denial. 
(g) A hospice must develop, implement, and maintain documented policies and 
procedures in accordance with the federal Health Insurance Portability and 
Accountability Act (HIPAA) and California’s Confidentiality of Medical Information Act 
(CMIA) laws for the planned disposal and destruction of patient medical records after 
the required retention period pursuant to section 74896(b). 
(h) A hospice must obtain a certificate of destruction from a shredding or destruction 
company if the hospice hires a company for the disposal of patient medical records. The 
contracted shredding or destruction company must be compliant with the federal Health 
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Insurance Portability and Accountability Act (HIPAA). 
(i) A hospice must notify the Department in writing within 24 hours of discovery of the 
defacement or destruction of patient medical records before termination of the required 
retention period pursuant to section 74896(b). 
Note: Authority cited: Sections 1753, 1753.1, 131000, 131050, 131051, and 131200, 
Health and Safety Code. 
Reference: Sections 1746, 1749, and 1753.1, Health and Safety Code. 

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Current as of 6/22/2026 
 
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Adopt section 74892 to read as follows: 
Section 74892. Medical Record Content. 
A hospice patient’s medical record, whether hard copy or electronic, must include, but is 
not limited to: 
(a) An admission record that contains: 
(1) The patient’s full legal name. 
(2) The patient’s home address or current place of residence, including zip code. 
(3) The patient’s age and date of birth. 
(4) The patient’s social security number or individual taxpayer identification, and one 
additional identification number such as: 
(A) A unique patient identification number created by the hospice. 
(B) A Medicare number. 
(C) A Medicaid number. 
(5) The patient’s biological sex assigned at birth. 
(6) The patient’s gender identity, if identified by the patient or the patient’s 
representative. 
(7) The patient’s sexual orientation, if identified by the patient or the patient’s 
representative. 
(8) The patient’s marital or registered domestic partner status. 
(9) The patient’s religious preference, if identified by the patient or the patient’s 
representative. 
(10) The patient’s preferred language. 
(11) Date of admission. 
(12) Reason for admission. 
(13) Source of referral. 
(14) Date of discharge or transfer from referring facility, if applicable. 
(15) Contact information, including, but not limited to, the full legal name, mailing 
address, and telephone number including area code, and e-mail address if provided of: 
(A) The patient’s attending physician. 
(B) The patient’s representative, caregiver, conservator, or guardian, if applicable. 
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(C) The patient’s representative to be notified in case of emergency or death, as 
identified in writing by the patient or the patient’s representative. 
(16) Consent, authorization, and election of hospice care forms signed by the patient, or 
the patient’s representative, in the patient’s or patient representative’s primary 
language. 
(17) A copy of the written notice provided to the patient or the patient’s representative in 
the patient’s primary language regarding advance directives pursuant to section 
74860(e)(2) and (e)(3)(B), if applicable. If the patient executes and provides advance 
directives at any time while receiving hospice services, a copy must be retained in the 
patient’s medical record. 
(b) An initial certification of terminal illness signed by a physician, and all subsequent 
recertifications of terminal illness. 
(c) The patient’s initial assessment in its entirety, pursuant to section 74864(a). 
(d) The patient’s initial comprehensive assessment in its entirety pursuant to section 
74864(b), and all subsequent comprehensive assessments in their entirety pursuant to 
section 74864(c). 
(e) The patient’s diagnosis, condition, and other pertinent health information. 
(f) The patient’s initial and subsequent plans of care in their entirety, as specified in 
section 74868(c) and section 74872, covering all periods the hospice provided services 
to the patient. The medical record must include identification of all individuals who 
helped develop each plan of care. 
(g) Physician consultation reports, orders, and progress notes. 
(h) Patient history and physical exams before and during the provision of hospice 
services, including, but not limited to, previous and new diagnoses, emergency 
department visits, and the patient’s ability to perform daily activities. 
(i) Reports of all laboratory tests and imaging records performed, if applicable. 
(j) A list of any prescribed medications and written instructions for the use of each 
medication, pursuant to the patient’s plan of care. 
(k) A medication administration record if medication is administered by hospice 
personnel. The medication administration record must include, but is not limited to: 
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(1) Name and dosage of each medication administered. 
(2) Route of each administration and site of injection, if applicable. 
(3) Time of each administration. 
(4) Authentication by personnel administering each medication. 
(5) A record of the patient’s response to medications, treatments, and services. 
(6) Adverse reactions to medications. Any adverse reactions must be reported to the 
registered nurse assigned to the patient and documented in the patient’s medical 
record. 
(7) Notation of any medications not given to the patient, and the reason why the 
medication was not given to the patient. 
(8) Documentation of teaching or instructions to the patient and the patient’s caregivers 
in the patient’s and patient’s caregiver’s primary language, and the results of the 
teaching or instructions. 
(l) Treatment orders, dietary orders, and orders for therapeutic and other program 
services pursuant to the patient’s plan of care. Treatments requiring special precautions 
must be indicated. 
(m) Any allergies and known reactions to drugs and food. This information must be 
given such prominence in the record that it is obvious to any health practitioner or 
hospice personnel who provides food or medication to the patient. 
(n) Medical supplies, appliances, or special devices needed pursuant to the patient’s 
plan of care. 
(o) Complete and accurate notes from all interdisciplinary team meetings held on behalf 
of the patient. The record must include, but is not limited to: 
(1) The date and time of the meeting. 
(2) A list of all attendees. 
(3) A summary of the meeting. 
(p) Complete and accurate clinical notes dictated or written on the day of service by the 
personnel providing the service. Clinical notes must include, but are not limited to: 
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(1) A concise and accurate record of all care and services provided to the patient. 
(2) Evidence of coordination of services among the interdisciplinary team, pursuant to 
the patient’s plan of care. 
(3) Documented observations and changes to the patient’s condition or needs. 
Observations must be recorded frequently enough to indicate the progress in achieving 
goals from the patient’s plan of care. 
(q) Pursuant to section 74868(h), documentation recording notifications of a significant 
change in the patient’s condition to all required individuals. 
(r) Documentation regarding written instructions and information provided to the patient 
and the patient’s family in the patient’s primary language on the use, management, and 
disposal of controlled substances and durable medical equipment and supplies. 
Documentation must include a signature made by the recipient acknowledging receipt 
and comprehension of the instructions provided. 
(s) Wound notes documenting stage and details of any active wound care, if applicable. 
(t) Vital sign tracking documentation. 
(u) Documentation of all supervisory visits including the date and time of visit. 
(v) All requests received by the patient or the patient’s representative to examine, 
obtain, and request corrections or amendments to the patient’s medical record. 
Documentation must include notation whether the request was approved or denied by 
the hospice pursuant to section 74888(f)(3). 
(w) A discharge statement, if applicable, that contains: 
(1) Live discharge or transfer notes and a summary which must include, but is not 
limited to: 
(A) Date of and reason for termination of service. 
(B) Summary of the patient’s physical, mental, spiritual, and emotional status at the time 
of discharge. 
(C) Method of initiation of discharge or transfer, whether by physician, hospice, patient, 
patient’s representative, patient’s family, or any such combination. 
(D) A written physician’s discharge order from the hospice Medical Director. 
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(E) Documentation of notification of the termination of services to the patient, the 
patient’s representative or family, and the patient’s attending physician, as applicable. If 
an attending physician is involved in the patient’s care, the attending physician must be 
consulted prior to discharge and the attending physician’s review and decision must be 
included in the discharge summary. 
(F) Extent to which treatment goals were obtained. 
(G) Referrals made, if applicable. 
(H) If the patient is transferring to another hospice, copies of consent for care, all 
certifications of terminal illness, the patient’s plan of care, and other information as 
requested by the receiving hospice must be included. 
(2) If discharged by death, written discharge notes and summary must include, but are 
not limited to: 
(A) Date of death. 
(B) Location of death. 
(C) Cause of death. 
(D) Extent to which treatment goals were obtained, including pain and symptom 
management. 
(E) Degree of emotional support extended to the patient’s family, caregivers, or other 
individuals. 
(F) Bereavement services plan. 
 
Note: Authority cited: Sections 1753, 1753.1, 131000, 131050, 131051, and 131200, 
Health and Safety Code. 
Reference: Sections 1749 and 1753.1, Health and Safety Code. 
 
DPH-18-002E 
Hospice Agencies 
Current as of 6/22/2026 
 
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Adopt section 74896 to read as follows: 
Section 74896. Medical Record Use and Access. 
(a) A hospice must maintain a medical record for every patient accepted for service by 
the hospice. 
(b) A hospice must preserve patient medical records, including, but not limited to, 
imaging records or reproductions thereof, for a minimum of 10 years. The 10-year 
retention period must be based on the date of the patient’s most recent treatment or 
service listed in the medical record. A hospice must preserve a minor’s medical record 
for at least one year after the minor has reached the age of 18 years or for a minimum 
of 10 years, whichever is longer. 
(c) Hard copy patient medical records must be stored in a confidential manner at the 
hospice’s established place of business, or at an off-site storage facility approved by the 
Department pursuant to subdivision (p). 
(d) Patient medical records, whether hard copy or electronic health records, must: 
(1) Be written legibly in permanent ink or by electronic means. 
(2) Be on the hospice’s standardized forms or electronic templates. 
(3) Be current, accurate, and include enough detail for all health care providers to be 
able to clearly identify the patient’s current health status. 
(4) Be kept confidential. 
(5) Be protected from loss, destruction, and unauthorized use. 
(6) Be stored and organized either chronologically by services provided or 
chronologically in its entirety. 
(e) A hospice must develop, implement, and maintain documented policies and 
procedures that address: 
(1) The content of patient medical records, pursuant to section 74892. 
(2) The timeliness of entries, corrections, and additions made to patient medical 
records. 
(3) The maintenance, security, and storage of patient medical records. 
(4) Patient medical record retention, pursuant to subdivision (b). 
(5) Which hospice personnel are authorized to access and to document in patient 
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medical records. 
(6) The creation of a unique identifier to guarantee that only authorized hospice 
personnel can document in patient medical records after authenticating their identity. 
(7) The use of countersignatures or dual signatures which must include: 
(A) The authorized hospice personnel’s full legal name. 
(B) The authorized hospice personnel’s medical or professional credentials. 
(C) The authorized hospice personnel’s unique identifier, as determined by the 
hospice’s policies and procedures. 
(D) The date and time of authentication. 
(8) How and when to report a breach or a suspected breach of patient medical record 
information. 
(f) Pursuant to subdivision (e)(6), the authorized individual’s identity must be 
authenticated with their unique identifier upon making any entry to the patient record. 
The entry must include, but is not limited to, the following: 
(1) The date of entry. 
(2) All services provided by the hospice or under written agreement. 
(g) A hospice must guarantee that entries regarding the provision of care or services 
provided are not altered without a written explanation of the reason for alteration. 
Authorized hospice personnel who make a medical record entry error or alter an entry, 
whether in a hard copy or electronic health record, must: 
(1) Put a single line through incorrect information, or use an electronic stamp indicating 
the entry was an error. 
(2) Ensure that the reason for correction is documented in a manner that is legible and 
understandable. 
(3) Document the date of discovery. 
(4) Document the date of correction. 
(5) Authenticate the correction. 
(h) Authorized hospice personnel must correct any medical record errors including, but 
not limited to, record duplications or documentation in the wrong patient record within 48 
hours of discovery. 
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(i) Authorized hospice personnel must make an addendum in a patient’s medical record 
if they add information after the time of original entry. An addendum must be distinct 
and traceable and include, but is not limited to, the date and authentication of the 
authorized hospice personnel making the added entry. 
(j) Authorized hospice personnel must make note of a patient mismatch error in the 
medical record upon discovery of the error. 
(k) A hospice must safeguard the information in all patient medical records, whether 
hard copy or electronic health record, from loss, natural disasters, defacement, 
destruction, tampering, or unauthorized access. 
(l) A hospice must not release any portion of a patient medical record to anyone other 
than the patient, except as allowed by law. 
(m) A hospice must complete all documentation and authenticate a patient’s medical 
record within 30 days following the date of the patient’s transfer, discharge, or death, as 
applicable. 
(n) If a hospice ceases operation or becomes inoperable for any reason, the hospice 
must retain or make arrangements for the safe preservation of all patient medical 
records in a confidential manner pursuant to this section, including the retention 
requirements pursuant to subdivision (b). The hospice must notify the Department in 
writing of the physical address where the medical records will be stored no later than 24 
hours from the hospice ceasing operation or becoming inoperable. 
(o) If a hospice is experiencing a change of ownership pursuant to section 74824, both 
the current licensee and the prospective licensee must, prior to the change of 
ownership, submit to the Department a written medical record storage statement that is 
signed and dated by both parties. The statement must attest to the following: 
(1) The current licensee will maintain custody of all electronic and hard copy patient 
medical records until the change of ownership is approved by the Department. 
(2) The current licensee has made arrangement for the safe preservation of all 
electronic and hard-copy patient medical records, and the prospective licensee will be 
granted access if the change of ownership is approved by the Department. 
(3) All electronic and hard copy patient medical records must remain available to the 
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Department and other authorized individuals 24 hours a day, seven days a week. 
(p) A hospice must submit a written request to, and obtain approval from, the 
Department to store hard copy patient medical records at an off-site storage facility. The 
written request must include: 
(1) The name and physical address of the off-site storage facility. 
(2) The number of hard copy medical records to be stored off-site. 
(3) The date range of the hard copy medical records that the hospice is sending to off-
site storage. The dates provided by the hospice must specify the start date and end 
date of the patient’s medical record retention period pursuant to subdivision (b). 
(4) The hospice’s policies and procedures for medical record storage and retention. 
(5) A copy of the fully executed contract between the hospice and the off-site storage 
facility that will be storing the patient medical records. The contract must state that the 
Department has the authority to access the medical records stored off-site. 
(6) A copy of the signed contract from the off-site storage company and a Business 
Associate Agreement compliant with the federal Health Insurance Portability and 
Accountability Act (HIPAA). The contract must state that the Department has the 
authority to access the medical records stored off-site. 
(q) A hospice must notify in writing and obtain approval from the Department if any one 
of the following occurs: 
(1) The location of the off-site storage facility changes. 
(2) The hospice’s policies or procedures for medical record storage or retention are 
amended. 
(3) The hospice or the off-site storage facility amends the Business Associate 
Agreement. 
(r) Patient medical records, including, but not limited to, electronic storage media 
containing medical records, that are stored at an off-site facility approved by the 
Department must be: 
(1) Secure during transport, storage, and electronic transmissions. 
(2) Protected from loss, natural disasters, defacement, destruction, tampering, or 
unauthorized access. 
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(3) Accessible 24 hours a day, seven days a week, with an arrangement for emergency 
record retrieval after normal business hours by authorized personnel. 
 
Note: Authority cited: Sections 1753, 1753.1, 131000, 131050, 131051, and 131200, 
Health and Safety Code. 
Reference: Sections 1746, 1749 and 1753.1, Health and Safety Code. 
 
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Current as of 6/22/2026 
 
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Adopt section 74900 to read as follows: 
Section 74900. Electronic Health Records. 
(a) Hospices that use an electronic health record system to store, document, and 
maintain patient medical records must: 
(1) Have access control measures defining who has authorized access to medical 
records stored in the system. 
(2) Have a process for tracking all electronic health record documentation including, but 
not limited to, dates, times, authors, corrections, amendments, addendums, and change 
or late entries, for the purpose of creating an audit trail that may be requested by the 
Department. 
(3) Perform regular backups no less than every 24 hours to ensure personnel have 
access to current and accurate information at all times. 
(4) Develop, implement, and maintain documented electronic health record 
authentication policies and procedures. 
(A) The hospice may use electronic authentication in lieu of a physical signature. 
(B) The hospice must have a signed statement on file verifying an authorized hospice 
personnel’s sole authorship to document in a patient’s electronic health record under a 
unique identifier. Hospice personnel must not share the unique identifier with another 
user. 
(5) Develop, implement, and maintain a documented disaster recovery policy and 
procedure for manual clinical documentation if the electronic health record system 
becomes non-functional. Manual documentation must continue until the hospice’s 
electronic health record system resumes the ability to document and transmit medical 
record entries. 
(6) Ensure that patient electronic health information from multiple providers within the 
hospice’s organization are linked and accessible in the hospice’s primary electronic 
health system. 
(b) Electronic health records may be stored remotely on a cloud-based server if Health 
Insurance Portability and Accountability Act (HIPAA) and California’s Confidentiality of 
Medical Information Act (CMIA) compliant security precautions are in place. 
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(c) Hospices that use an electronic health record system must request and receive 
approval from the Department to store a physical server off the hospice’s premises, or 
to use a hybrid model of storing a portion of data on a cloud-based server and a portion 
of data on a physical server which is located off the hospice’s premises in accordance 
with section 74896. 
 
Note: Authority cited: Sections 1753, 1753.1, 131000, 131050, 131051, and 131200, 
Health and Safety Code. 
Reference: Sections 1746, 1749 and 1753.1, Health and Safety Code. 

DPH-18-002E 
Hospice Agencies 
Current as of 6/22/2026 
 
Page 93 of 94 

Adopt section 74904 to read as follows: 
Section 74904. Plan of Correction. 
(a) A hospice must sign and return a completed Statement of Deficiencies and Plan of 
Correction form State-2567 (05/26) 
(https://www.cdph.ca.gov/Programs/CHCQ/LCP/Pages/State-2567.aspx) hereby 
incorporated by reference, within 10 days of receipt from the Department. A completed 
Statement of Deficiencies and Plan of Correction form must include a written plan of 
correction for each specific deficiency identified by the Department that includes but is 
not limited to: 
(1) The hospice’s plan to correct the specific deficiency cited by the Department. 
(2) The procedure for implementing a plan of correction for the specific 
deficiency cited. 
(3) The monitoring and tracking procedures to ensure the measures taken in 
subdivisions (a)(1) and (a)(2) are effective in bringing the hospice into compliance and 
ensuring continued compliance. 
(4) The title or position of all hospice personnel responsible for implementing the plan of 
correction. 
(5) The hospice Administrator’s signature, and the date signed. 
(b) A hospice must revise and re-submit a plan of correction if it is deemed 
unacceptable for any of the following reasons: 
(1) The action proposed will not correct the specific deficiency cited. 
(2) The action proposed cannot be sustained to ensure continuing compliance. 
(3) The action proposed will not protect the health, safety, or welfare of patients. 
(c) Pursuant to subdivision (b), a hospice must continue to revise a plan of correction as 
requested by the Department until it is approved in writing. 
 
Note: Authority cited: Sections 1753, 1753.1, 131000, 131050, and 131200, Health and 
Safety Code. 
Reference: Section 1752, Health and Safety Code. 
 
DPH-18-002E 
Hospice Agencies 
Current as of 6/22/2026 
 
Page 94 of 94 

Adopt Section 74908 to read as follows: 
Section 74908. Hospice Office Space. 
(a) A hospice must have office space that is an established place of business and must: 
(1) Be an unshared space where the licensee has exclusive possession. 
(2) Located in a commercial building that is either owned by the licensee or leased or 
subleased exclusively by the licensee for a minimum of 12 consecutive months. 
(b) A hospice’s office space must include, but is not limited to: 
(1) Permanently attached signage that identifies the name of the hospice as indicated 
on the license issued by the Department. Signage must be visible to the public, and 
must be posted on the exterior and in the interior of the office space. 
(2) Posted business hours visible to the public. 
(3) An active business telephone line for the hospice that is answered 24 hours a day, 
seven days a week. 
(4) Administrative personnel to meet the operational needs of the hospice as required 
by this chapter. 
(5) Medical equipment and supplies to meet the needs of hospice personnel and 
patients as required by this chapter, and secure storage for all medical equipment and 
supplies. 
(6) Office equipment and supplies to meet the operational needs of the hospice as 
required by this chapter. 
(7) Secure storage for patient medical records pursuant to section 74896. 
(8) Secure storage for medications. 
(9) Secure storage for personnel employment records pursuant to section 74884. 
(10) Access to a restroom during business hours. 
 
Note: Authority cited: Sections 1753, 1753.1, 131000, 131050, and 131200, Health and 
Safety Code. 
Reference: Section 1753.1, Health and Safety Code.