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§ 81078. Responsibility for Providing Care and Supervision.


Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 2. Social Rehabilitation Facilities
Subchapter 1. Basic Requirements
Article 6. Continuing Requirements
22 CCR § 81078
§ 81078. Responsibility for Providing Care and Supervision.
(a) The licensee shall provide care and supervision as necessary to meet the client's needs
(b) In any instance where the Department does not suspend the facility license and the licensing agency requires that a client be relocated, as specified in Section 81094, the licensee shall prepare a written relocation plan. The plan shall contain all necessary steps to be taken to reduce stress to the client which may result in transfer trauma.
(1) The written relocation plan shall include, but not be limited to the following:
(A) A specific date for beginning and a specific date for completion of the process of safely relocating the client. The time frame for relocation may provide for immediate relocation but shall not exceed 30 days or 30 days after the date of the written conclusion of the client's appeal of the relocation order, if appealed.
(B) A specific date when the client and the client's authorized representative, if any, shall be notified of the need for relocation.
(C) A specific date when consultation with the client's physician shall occur to obtain a current medical assessment of the client's health needs, to determine the appropriate facility type for relocation and to ensure that the client's health care needs continue to be met at all times during the relocation process.
(D) The method by which the licensee shall participate in the identification of an acceptable relocation site with the client and the authorized representative if any. The licensee shall advise the client and/or the authorized representative that if the client is to be moved to another nonmedical community care facility, a determination must be made that the client's needs can be legally met in the new facility before the move is made. If the client's needs cannot be legally met in the new facility, the client must be moved to a facility licensed to provide the necessary care.
(E) A list of contacts made or to be made by the licensee with community resources, including but not limited to, social workers, family members, Long Term Care Ombudsman, clergy and others as appropriate to ensure that services are provided to the client before, during and after the move. The need for the move shall be discussed with the client and the client assured that support systems will remain in place.
(F) Measures to be taken until relocation to protect the client and/or meet the client's health and safety needs.
(G) An agreement to notify the licensing agency when the relocation has occurred, including the client's new address, if known.
(2) The relocation plan shall be submitted in writing to the licensing agency within the time set forth in the written notice by the licensing agency that the client requires health services that the facility cannot legally provide.
(3) Any changes in the relocation plan shall be submitted in writing to the licensing agency. The licensing agency shall have the authority to approve, disapprove or modify the plan.
(4) If relocation of more than one (1) client is required, a separate plan shall be prepared and submitted in writing for each client.
(5) The licensee shall comply with all terms and conditions of the approved plan. No written or oral contract with any other person shall release the licensee from the responsibility specified in sections 81078(b) and (c) for relocating a client who has a health condition(s) which cannot be cared for in the facility and/or requires inpatient care in a licensed health facility, nor from taking necessary actions to reduce stress to the client.
(6) In cases where the licensing agency determines that the resident is in imminent danger because of a health condition(s) which cannot be cared for in the facility or which requires inpatient care in a licensed health facility, the licensing agency shall have the authority to order the licensee to immediately relocate the resident.
(c) In all cases when a client or resident must be relocated, the licensee shall not obstruct the relocation process and shall cooperate with the licensing agency in the relocation in process. Such cooperation shall include, but not be limited to, the following activities:
(1) Identifying and preparing for removal of the medications, Medi-Cal or Medicare or other medical insurance documents, clothing, safeguarded cash resources, valuables and other belongings of the client.
(2) Contacting the authorized representative of the client to assist in transporting him or her, if necessary.
(3) Contacting other suitable facilities for placement, if necessary.
(4) Providing access to client's files when required by the Department.
(d) Notwithstanding 81078(a) through (c)(4) above, the licensee shall arrange for and/or provide those services identified in the client's needs and services plan as necessary to meet the client's needs.
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 5670 and 5671, Welfare and Institutions Code; and Sections 1501, 1502(a)(7), 1511, 1528, 1531 and 1556, Health and Safety Code.
1. New section filed 1-7-91; operative 2-2-91 pursuant to Government Code section 11346.2(d) (Register 91, No. 12).
2. Change without regulatory amending subsection (a), repealing subsection (a)(1), adopting new subsections (b)-(d) and amending Note filed 1-5-2016 pursuant to section 100, title 1, California Code of Regulations (Register 2016, No. 2).
This database is current through 11/19/21 Register 2021, No. 47
22 CCR § 81078, 22 CA ADC § 81078
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