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§ 505.10. Interfacility Transfers.

12 CA ADC § 505.10Barclays Official California Code of RegulationsEffective: January 1, 2024

Barclays California Code of Regulations
Title 12. Military and Veterans Affairs
Division 2. Department of Veterans Affairs
Chapter 4. Veterans' Home of California
Effective: January 1, 2024
12 CCR § 505.10
§ 505.10. Interfacility Transfers.
Currentness
(a) Definitions
(1) “Interfacility Transfer” means a transfer of a member between Veterans Homes.
(2) “Elective Interfacility Transfer” means a discretionary Interfacility Transfer of a member between Veterans Homes that is not health or safety related and does not result in a change in level of care.
(3) “Priority Interfacility Transfer” means an Interfacility Transfer of a member between Veterans Homes as recommended by CalVet for the member's health or safety, to change the member's level of care, or to receive necessary services not available at the current Veterans Home.
(4) “CalVet-Facilitated Transfer” means an Interfacility Transfer effected by CalVet, consisting of the transportation of a member under the supervision of CalVet staff, including medical staff when appropriate.
(b) Interfacility Transfers
(1) Interfacility Transfers shall only be approved as set forth in this section.
(A) The Interfacility Transfer will provide the appropriate level of care as defined in Section 501.2.
(B) The receiving Veterans Home has the necessary services, and a bed available at the appropriate level of care, to meet the member's care needs.
(C) The transfer will comply with applicable licensing agency requirements and state and federal laws and regulations.
(2) All Interfacility Transfers shall be coordinated between the transferring Veterans Home and receiving Veterans Home to:
(A) Ensure designated clinical and/or social service staff of the transferring and receiving Veterans Homes communicate the current health, financial, and psychosocial status and needs of the transferring member in order to facilitate appropriate care and services.
(B) Ensure a Veterans Home social worker or designee from the receiving Veterans Home contacts the member prior to initiating a transfer to brief the member on the receiving Veterans Home's available facilities and space limitations.
(C) Ensure the transfer complies with all applicable provisions of this section.
(c) Priority Interfacility Transfers
(1) A Priority Interfacility Transfer of a member shall take priority over a waiting list applicant or a member seeking an Elective Interfacility Transfer.
(2) If the number of Priority Interfacility Transfers is greater than the number of available beds, CalVet shall determine which Priority Interfacility Transfer takes precedence based on the circumstances necessitating the proposed transfer, including the urgency of the members' respective health and safety needs.
(3) During a state of emergency, natural disaster, or other emergency situation directly threatening the health and safety of members, the Deputy Secretary for Veterans Homes or designee shall declare all impacted members of the affected Veterans Home eligible for a Priority Interfacility Transfer.
(A) Members who decline a Priority Interfacility Transfer issued pursuant to subsection (c)(3) may not continue to reside in the affected Veterans Home and must voluntarily discharge from the affected Veterans Home for the duration of the emergency situation.
(B) Members transferred under a Priority Interfacility Transfer issued pursuant to subsection (c)(3) shall return to the transferring Veterans Home following the conclusion of the emergency situation, unless the Deputy Secretary for Veterans Homes or designee determines that the transfer must be made permanent because the transferring Veterans Home or portion of the transferring Veterans Home is permanently closed.
(d) Elective Interfacility Transfers
(1) A member or their legal representative may submit a written request to the transferring Veterans Home for an Elective Interfacility Transfer.
(2) A member shall qualify for an Elective Interfacility Transfer and the Administrator or designee of the receiving Veterans Home shall accept the request if the transfer meets the requirements specified in subsection (b)(1) and the member:
(A) Has been a member of the transferring Veterans Home for 12 months or more, and
(B) Is not delinquent in the payment of fees or charges.
(3) Elective Interfacility Transfers for placement in a Veterans Home shall be processed in the order received.
(A) An Elective Interfacility Transfer shall not occur prior to admission of any waiting list applicants who applied for admission prior to the date the written request for the Elective Interfacility Transfer is received by the Veterans Home.
(B) An Elective Interfacility Transfer shall not occur prior to admission of any waiting list applicant who qualifies for priority admission in accordance with Section 505.3.
(4) Upon the recommendation of the Administrator of the transferring Veterans Home, the Deputy Secretary for Veterans Homes or designee may waive the requirements specified in subsection (d)(2) to permit an Elective Interfacility Transfer if such transfer is determined by the Deputy Secretary for Veterans Homes or designee to be necessary for the wellbeing of the member requesting transfer, for the general welfare of other members, or to facilitate the admission of a new member to the transferring Veterans Home.
(e) CalVet-Facilitated Transfer
(1) A CalVet-Facilitated Transfer shall be provided for a member's Priority Interfacility Transfer if the member has unmet transportation needs.
(2) A CalVet-Facilitated Transfer shall be provided for a member's Elective Interfacility Transfer if the member has unmet transportation needs, provided CalVet identifies resources available to effect the transfer that are not otherwise required for the transferring Veterans Home's operations.
(3) With the consent of the transferring member, a CalVet-Facilitated Transfer shall include personal effects and any necessary medical or mobility devices compatible with the receiving Veterans Home.
(A) CalVet shall not transfer personal effects that are unsafe or inappropriate for handling or transportation. Personal effects that are inappropriate for handling or transportation include unsanitary items, sexually explicit materials, unsealed food and liquids, materials with offensive odors, and personal effects that exceed the capacity of the transferring vehicle or the space of the receiving Veterans Home due to size, weight, or quantity.
(B) The member shall be responsible for disposal or transfer of all personal effects that are not transferred by CalVet.
(4) A member may decline a CalVet-Facilitated Transfer and determine an alternative form of transportation to the receiving Veterans Home. CalVet shall not be responsible for paying for or reimbursing the member for such costs.
(5) A member who receives a CalVet-Facilitated Transfer shall be responsible for the balance of the cost that is not covered through funds received from outside sources, as defined in subsection (d)(4) of Section 500. The cost of a CalVet-Facilitated Transfer shall include only the cost to CalVet to complete the transfer, including fuel costs as well as staffing costs related to packing belongings and escorting the member to the receiving Veterans Home.
(A) The cost of a CalVet-Facilitated Transfer shall be included in the calculation of the cost of care in excess of the member fee in accordance with Section 510.9.
(B) When a CalVet-Facilitated Transfer costs less than $500, CalVet shall waive the cost of the transfer.

Credits

Note: Authority cited: Sections 79.3, 79.4 and 1044, Military and Veterans Code. Reference: Sections 79.4, 1044 and 1051, Military and Veterans Code.
History
1. New section filed 9-27-2023; operative 1-1-2024 (Register 2023, No. 39).
This database is current through 5/10/24 Register 2024, No. 19.
Cal. Admin. Code tit. 12, § 505.10, 12 CA ADC § 505.10
End of Document