Violation

California Code § 87616(a)Exception Requests

How CCLD inspectors cite this regulation, what providers do to stay clear of it, and where it appears in the public record.

Type A, seriousAffects rcfe24 facilities cited in the last 90 days

ℹ️ Educational reference based on public CCLD inspection records. Not legal or compliance advice. Verify requirements with official sources. Full disclaimer →

Regulation text

What California Code § 87616(a) actually says

California Code § 87616(a)

As specified in Section 87209, Program Flexibility, the licensee may submit a written exception request if he/she agrees that the resident has a prohibited and/or restrictive health condition but believes that the intent of the law can be met through alternative means.

From the field

What providers tell us about this citation

Based on community experience, not official guidance.

25 California RCFEs were cited for this Type A violation. Always wait for CCLD's written approval before admitting a resident with a prohibited condition. LPAs check for this document during the initial visit, and lacking an approved plan triggers immediate penalties.

By the numbers

24^*CCLD: facilities cited in the last 90 days
14^*CCLD: counties where this citation appeared
--^*CCLD: rank among most-common citations
Trajectory: Steady

24 facilities were cited for this in the last 90 days. See if yours is one of them.

Check a facility

What other providers do

Common practices to stay clear of Exception Requests

Common practices shared by providers. Confirm requirements with your licensing analyst.

Common practices

Submit a written exception request to CCLD
Detail alternative methods to meet care needs
Receive formal approval before admitting the resident
Maintain the approved request in the resident file

What to avoid

Admitting a resident with a prohibited condition before approval
Failing to update the request when resident care needs change
Lacking sufficient documentation to support the exception

Regional record

Where this citation appeared in the past 90 days

Citation counts and rates by California county, drawn from CCLD inspection records.

Regional citations for Exception Requests, last 90 days
County	Citations	Facilities	Citation rate
Orange	3	--	--
Los Angeles	3	--	--
Santa Clara	3	--	--
Kern	2	--	--
Marin	2	--	--
San Mateo	2	--	--
Contra Costa	2	--	--
Butte	1	--	--
Amador	1	--	--
Placer	1	--	--

SOURCE

*CCLD: California Community Care Licensing Divisionviolation_citations2026-05-30Updated weekly

FAQ

Frequently asked questions

Answers based on public CCLD data and regulation text. May not reflect recent changes.

What is a written exception request for a prohibited condition?

A written exception request is a formal petition to California CCLD to admit or retain a resident with a prohibited health condition. Under Title 22, Section 87616(a), operators must prove they can meet the law's intent through alternative care methods. This ensures your community can keep the resident safe without exceeding its licensed capability.

How common is this violation in California assisted living?

According to California CCLD inspection records, 25 California RCFEs were cited for this violation. It is classified as a Type A deficiency, meaning it poses a direct and immediate risk to residents. This data shows Licensing Program Analysts strictly enforce prohibited condition rules during annual inspections.

What happens if an RCFE is cited for this violation?

A Type A citation carries civil penalties and requires immediate correction. The facility must either submit the required exception request to CCLD or arrange for the resident's relocation to a properly licensed facility. Failure to act quickly results in an immediate follow-up visit from Licensing Program Analysts.

How do I fix or prevent an 87616(a) violation?

You must submit a written exception request to CCLD before admitting the resident. Document your community's specific care plan and explain exactly how you will meet the resident's needs safely. Keep a copy of the approved request in the resident's file so it is ready for your next inspection.

Does this violation affect my RCFE license?

Yes, retaining a resident with a prohibited condition without an approved exception directly violates your license terms. CCLD considers this a serious Type A deficiency. Repeated violations can trigger a formal facility compliance review and place your license on conditional status.

Related violations

Other citations in this regulation family

This information is educational and does not constitute legal advice. Consult a licensed residential care compliance consultant for guidance specific to your facility. Citation data is sourced from California Community Care Licensing Division public records and is refreshed regularly.

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