Health and Safety Code § 1728.95

1728.95.

(a) The department may grant an exception to the moratorium imposed by Section 1728.9 upon making a written finding that an applicant for a new license to operate a home health agency or add a branch office to an existing license, or with a license application pending on the effective date of the act that added this section, has demonstrated an unmet need for home health services in the area where the applicant proposes to operate based on the concentration of all existing home health services in that area.

(b) The department shall only issue a new license during the moratorium pursuant to an exception allowed under this section in accordance with this chapter.