1218.1.
(a) A clinic corporation on behalf of at least one primary care clinic that has held a valid, unrevoked, and unsuspended license for at least the immediately preceding five years, with no demonstrated history of repeated or uncorrected violations of this chapter or a regulation adopted under this chapter that pose immediate jeopardy to a patient, as defined in subdivision (i), and that has no pending action to suspend or revoke its license, may file an affiliate clinic application under this section to establish a new primary care clinic at an additional site or a mobile health care unit, either of which shall hereafter be referred to as the affiliate clinic. The department, upon receipt of the completed affiliate clinic application submitted by the clinic corporation, that is signed by an officer of the clinic corporation’s board of directors or the clinic corporation’s chief executive officer or executive director, shall approve a license for the affiliate clinic, without the necessity of first conducting an initial onsite survey, if all of the following conditions are met:
(1) The clinic corporation that operates an existing licensed primary care clinic, which shall hereafter be referred to as the parent clinic, has submitted a completed affiliate clinic application and the associated application fee on behalf of the affiliate clinic.
(2) The parent and affiliate clinics’ corporate officers, as specified in Section 5213 of the Corporations Code, are the same.
(3) The parent and affiliate clinics are owned and operated by the same nonprofit organization with the same board of directors.
(4) The parent and affiliate clinics have the same medical director or directors and medical policies, procedures, protocols, and standards.
(5) The parent clinic is not itself an affiliate clinic.
(b) The affiliate clinic application shall consist solely of a simple form and required supporting documents giving the following information:
(1) The name and address of the clinic corporation’s administrative office.
(2) The name and contact information of the clinic corporation’s chief executive officer or executive director.
(3) The name and address of the new affiliate primary care clinic site or the location of the new affiliate mobile health care unit.
(4) The name and contact information of the administrator of the new affiliate primary care clinic site or mobile health care unit.
(5) The expected days and hours of operation and the services to be provided at the new affiliate primary care clinic site or mobile health care unit.
(6) Evidence that the new affiliate mobile health care unit meets the requirements of the Mobile Health Care Services Act (Chapter 9 (commencing with Section 1765.101)).
(7) The type and the manufacturer of the new affiliate mobile health care unit and the proposed area or areas where the new affiliate mobile health care unit will be providing services.
(8) To the extent otherwise required by law, evidence of compliance with the minimum construction standards for adequacy and safety of the new affiliate clinic’s physical plant, pursuant to the OSHPD 3 requirements of the most recent version of the California Building Standards Code applicable to clinics and subdivision (b) of Section 1226. The compliance may be established in the form prescribed by Section 1226.3.
(9) Evidence of fire clearance for the new affiliate clinic site.
(10) A copy of the lease or purchase agreement for the new affiliate clinic site.
(11) A copy of the transfer agreement between the new affiliate clinic and a local hospital.
(12) A current list of clinic corporation board members.
(c) (1) (A) A primary care clinic that has held a valid, unrevoked, and unsuspended license for at least the immediately preceding five years, with no demonstrated history of repeated or uncorrected violations of this chapter or a regulation adopted under this chapter that pose immediate jeopardy to a patient, as defined in subdivision (i), and that has no pending action to suspend or revoke its license, may apply to the department for a change of location using the affiliate clinic application pursuant to subdivision (b).
(B) The department shall accept an application from a primary care clinic to change location via the affiliate clinic application pursuant to subdivision (b).
(2) Upon receipt of a completed application and application fee, the department may approve the application and issue an updated license, consistent with the timelines established in subdivision (g), without the necessity of first conducting an onsite survey.
(d) (1) A clinic corporation shall submit a request to the department to establish another primary care clinic as the parent clinic, pursuant to this section, prior to the closure of a parent clinic.
(2) Consistent with subdivision (c) of Section 1218.3, if a clinic corporation submits a request to the department pursuant to paragraph (1), the department shall not require a clinic corporation to resubmit any information, materials, or documents required by Section 1212, unless there are any changes to the information, materials, or documents in the corporate file maintained by the department pursuant to subdivision (b) of Section 1218.3.
(3) The department shall approve the request consistent with the timelines established in subdivision (g), provided the new parent clinic meets both of the following:
(A) The primary care clinic has held a valid, unrevoked, and unsuspended license for at least the immediately preceding five years, with no demonstrated history of repeated or uncorrected violations of this chapter or a regulation adopted under this chapter that pose immediate jeopardy to a patient, as defined in subdivision (i), and that has no pending action to suspend or revoke its license.
(B) The primary care clinic meets all of the conditions specified in paragraphs (1) through (4) of subdivision (a).
(e) Any changes to the information provided to the department for a clinic, pursuant to this section, shall be filed on forms established and furnished by the department.
(f) All fees required under this section shall be assessed by the department in accordance with Section 1266.
(g) The department shall issue a clinic license under this section within 30 days of receipt of a completed affiliate clinic application. If approved, a clinic license shall be issued within seven days of approval. If the department determines that an applicant does not meet the conditions stated in subdivision (a), it shall identify, in writing and with particularity, the grounds for that determination, and shall instead process the application in accordance with the time specified in Section 1218.
(h) This section shall not prohibit the department from conducting a licensing inspection of a clinic.
(i) For purposes of this section, “immediate jeopardy to a patient” means a situation in which the clinic’s noncompliance with one or more requirements of licensure has caused, or is likely to cause, serious injury, harm, impairment, or death to a patient.