Health and Safety Code § 1728.3

1728.3.

(a) Notwithstanding Sections 1728.1 and 1732, the department may issue a provisional license to a home health agency if:

(1) The home health agency demonstrates an unmet need for home health services in the home health agency’s geographic service area. The department may consider and request additional supporting evidence to determine whether there is an unmet need in the home health agency’s geographic service area.

(2) The agency and the applicant for licensure substantially meet the standards specified by this chapter and regulations adopted pursuant to this chapter.

(3) No violation of this chapter or regulations adopted under this chapter exists in the agency which jeopardizes the health or safety of patients.

(4) The applicant has adopted a plan for correction of any existing violations which is satisfactory to the department.

(b) A provisional license issued under this section shall expire not later than six months after the date of issuance, or at an earlier time as determined by the department at the time of issuance, and shall not be renewed.

(c) The department shall not apply less stringent criteria when granting a provisional license pursuant to this section than it applies when granting a permanent license.