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§ 82022. Plan of Operation.

22 CA ADC § 82022Barclays Official California Code of RegulationsEffective: July 1, 2023

Barclays California Code of Regulations
Title 22. Social Security
Division 6. Licensing of Community Care Facilities (Refs & Annos)
Chapter 3. Adult Day Programs
Article 3. Application Procedures
Effective: July 1, 2023
22 CCR § 82022
§ 82022. Plan of Operation.
(a) Each licensee of an adult day program shall have and maintain on file a current, written, definitive plan of operation.
(b) The plan and related materials shall contain the following:
(1) Statement of purposes, and program methods and goals.
(2) Statement of admission policies and procedures regarding acceptance of clients.
(3) Description of services to be provided.
(4) Hours of operation consistent with the plan of operation and program purpose and goals.
(5) Description of the client group to be served.
(6) A copy of the admission agreement.
(7) Administrative organization, if applicable.
(8) Staffing plan, qualifications, and duties.
(9) Plan for in-service education of staff, if required by regulations.
(10) A sketch of the building(s) to be occupied, including a floor plan which describes the capacities of the buildings for the uses intended, room dimensions, and a designation of the rooms to be used for nonambulatory clients, if any.
(11) A sketch of the grounds showing buildings, driveways, fences, storage areas, pools, gardens, recreation areas, and other space used by the clients.
(A) The sketch shall include the dimensions of all areas which will be used by the clients.
(12) In day programs providing meals to clients, sample menus and a schedule for one calendar week indicating the time of day that meals and snacks are to be served.
(13) Transportation arrangements for clients who do not have independent arrangements.
(14) Fee policy including, but not limited to, policy on refunds.
(15) Consultant and community resources to be utilized as part of its program.
(16) A statement of the program's policy concerning family visits and other communications with the client pursuant to Health and Safety Code Section 1512.
(17) The plan of operation and related materials shall contain the Infection Control Plan pursuant to Section 82095.5(b).
(c) If the licensee intends to admit or care for one or more clients who have a restricted health condition specified in Section 82092, the program policies and a program description shall be included. At a minimum, the information related to those clients and their needs shall specify all of the following:
(1) The type of restricted health condition that the licensee plans to admit.
(2) The licensee's plans for serving that client.
(A) If the licensee plans to admit or care for one or more clients who have a staph or other serious, communicable infection, the plan must include:
1. A statement that all staff will receive training in Infection Control pursuant to Section 82095.5, within the first 10 days of employment, and before providing care to clients.
2. A statement of how the licensee will ensure that the training is obtained, and the name and qualifications of the person or organization that will provide the training.
(3) The services that will be provided.
(4) Staffing adjustments, if needed in order to provide the proposed services.
(A) This may include increased staffing, hiring staff with additional or different qualifications, utilizing licensed professionals as consultants, or hiring licensed professionals.
(d) If the licensee intends to admit or care for one or more clients who rely upon others to perform all activities of daily living, the plan of operation must also include a statement that demonstrates the licensee's ability to care for these clients. The evidence or ability may include, but not be limited to:
(1) The licensee's experience in providing care to these clients.
(2) The licensee's experience providing care to a family member with this condition.
(3) The licensee's plan to hire staff who have experience providing care to these clients, and documentation of what the staff person's experience has been.
(4) Documentation of training that the licensee and/or staff have completed specific to the needs of these clients.
(5) History of continued placements by a regional center.
(e) If the licensee intends to admit and/or specialize in care for one or more clients who have a propensity for behaviors that result in harm to self or others, the program plan of operation shall include a description of precautions that will be taken to protect that client and all other clients.
(f) A plan for internal evaluation of its operation and services. The plan shall include a timetable for completing an annual evaluation, the areas that will be addressed in this evaluation, and the methodology to be used. A copy of the final annual evaluation shall be kept on file at the center and shall be available to the licensing agency during site visits.
(g) Any changes in the plan of operation which affect the services to clients shall be subject to licensing agency approval and shall be reported as specified in Section 82061, Reporting Requirements.
(h) The day program shall operate in accordance with the terms specified in the plan of operation and may be cited for not doing so.

Credits

Note: Authority cited: Sections 1530 and 1530.1, Health and Safety Code. Reference: Sections 1501, 1507, 1520 and 1531, Health and Safety Code.
History
1. Renumbering of former section 82522 to new section 82022, including amendment of section and Note filed 12-13-2006; operative 1-12-2007 (Register 2006, No. 50).
2. New subsection (b)(17) and amendment of subsection (c)(2)(A)1. filed 2-7-2022 as an emergency; operative 2-7-2022 (Register 2022, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-8-2022 or emergency language will be repealed by operation of law on the following day.
3. New subsection (b)(17) and amendment of subsection (c)(2)(A)1. refiled 8-8-2022 as an emergency; operative 8-8-2022 (Register 2022, No. 32). A Certificate of Compliance must be transmitted to OAL by 11-7-2022 or emergency language will be repealed by operation of law on the following day.
4. New subsection (b)(17) and amendment of subsection (c)(2)(A)1. refiled 11-7-2022 as an emergency; operative 11-7-2022 (Register 2022, No. 45). A Certificate of Compliance must be transmitted to OAL by 2-6-2023 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 11-7-2022 order transmitted to OAL 2-3-2023 and filed 3-20-2023 (Register 2023, No. 12).
This database is current through 5/10/24 Register 2024, No. 19.
Cal. Admin. Code tit. 22, § 82022, 22 CA ADC § 82022
End of Document