(a) The licensee shall be permitted to accept emergency placements by an adult protective services (APS) agency, if the licensee has received approval from the Department to provide emergency shelter services.
(1) To obtain approval, the licensee shall submit a written request to the Department. The request shall include, but not be limited to, the following:
(A) A letter of interest from the county APS agency stating that if the request to provide emergency shelter services is approved, the APS agency may enter into an agreement with the licensee to provide such services.
1. A copy of the written agreement between the APS agency and the licensee, listing the responsibilities of each party, shall be sent to the Department within seven calendar days of signing.
(B) A written addendum to the Plan of Operation, specified in Section 87208, Plan of Operation that includes procedures for the intake of an APS emergency placement. The addendum shall specify how the licensee will meet the needs of a resident placed on an emergency basis, such as on-call staff, additional staff and training.
1. The procedures shall include, but not be limited to, provisions for a private room.
a. The licensee shall provide a private room for the resident until a preadmission appraisal of the resident's individual service needs has been completed, specified in Section 87457, Pre-admission Appraisal.
b. The Department may approve an alternative to a private room, such as awake or additional staff, but an alternative shall not be approved if it displaces staff or other residents of the facility.
(C) A licensee of a residential care facility for the elderly may accept an adult resident, 18 through 59 years of age, for emergency placement under the following conditions:
1. The APS agency has written a statement indicating a local need exists for the licensee to accept emergency placements of adults 18 through 59 years of age.
a. The licensee attaches this APS statement of local need [Section 87222(a)(1)(C)1.] to the written request, specified in Section 87222(a)(1).
b. The licensee must request a statement each year from the APS agency, indicating a local need still exists as specified in Section 87222(a)(1)(C)1., and submit the statement to the Department.
(b) The Department shall provide written approval or denial of a licensee's request to provide emergency shelter services within 15 working days of its receipt.
(c) The licensee shall comply with the regulations in Title 22, Division 6, Chapter 8 (Residential Care Facilities for the Elderly), unless otherwise stated in Section 87222, Requirements for Emergency Adult Protective Services Placements. These regulations include, but are not limited to, the following:
(1) The licensee shall not exceed the capacity limitations specified on the license and shall not allow rooms approved only for ambulatory residents to be used by nonambulatory residents, as specified in Section 87204, Limitations -- Capacity and Ambulatory Status.
(2) The licensee shall meet the requirements in Section 87202 on fire clearance if the licensee has accepted a nonambulatory resident, defined in Section 87101(n).
(d) The licensee shall not accept the following persons as APS emergency placements:
(1) Individuals with prohibited health conditions [Section 87615, Prohibited Health Conditions].
(2) Individuals with restricted health conditions [Section 87612, Restricted Health Conditions].
(A) The licensee may accept an APS emergency placement who is incontinent when the requirements in Section 87625, Managed Incontinence, are met.
(3) Individuals who are receiving hospice care [Section 87633, Hospice Care for Terminally Ill Residents].
(4) Individuals who have active communicable tuberculosis [Section 87455(c)(1)].
(5) Individuals who require 24-hour, skilled nursing or intermediate care [Section 87455(c)(2)].
(6) Individuals whose primary need for care and supervision results from an ongoing behavior, caused by a mental disorder, that would upset the general resident group [Section 87455(c)(3)(A)].
(7) Individuals who are bedridden, as defined in Section 87455(d).
(e) If a licensee accepts an APS emergency placement with dementia, the licensee shall meet the requirements in Section 87705, Care of Persons with Dementia.
(f) The licensee shall not admit an APS emergency placement unless the APS worker is present at the facility at the time of admission.
(g) Prior to acceptance of an APS emergency placement, the licensee shall obtain and keep on file the following information received from the APS worker:
(1) Resident's name.
(2) Resident's ambulatory status.
(3) Name(s) and telephone number(s) of the resident's physician(s).
(4) Name(s), business address(es), and telephone number(s) of the APS worker responsible for the resident's placement and the APS case worker, if known.
(5) Name, address, and telephone number of any person responsible for the care of the resident, if available.
(h) Within seven calendar days of an APS emergency placement, the licensee shall obtain other resident information specified in Section 87506, Resident Records.
(1) The resident must have a tuberculosis test [Section 87458(b)(1)] by the seventh day of placement even though the test results may not be available by the seventh day of placement.
(i) The licensee shall contact the resident's attending physician or the person authorized to act for the physician to identify all of the resident's prescribed medications and usage instructions [Section 87458(b)(3)] by the next working day, but no later than 72 hours from the initial APS emergency placement.
(1) The attending physician or the person acting for the physician shall have access to the resident's records to determine whether the full medication regimen is accounted for and accurate.
(2) If medication verification, as specified in Section 87222(i), has not been obtained within 72 hours from the resident's initial placement, the licensee shall contact the APS worker to request that the resident be relocated, as specified in Section 87222(j).
(j) The licensee shall contact the APS worker to request that the resident be relocated immediately when the licensee identifies that needs cannot be met or that the resident has a condition specified in Section 87222(d).
(1) A licensee cannot retain a resident under age 60 beyond 30 calendar days from initial placement by the APS agency, unless the acceptance and retention requirement provided in Section 87455(b)(6) is met.
(k) Within seven calendar days of the licensee making any changes to an agreement with an APS agency, the licensee shall notify the Department in writing of these changes, which may include a renewed agreement, amended language and/or notification of a terminated agreement.
(l) All emergency placements are subject to the same record requirements as set forth in Section 87506(d).
Credits
Note: Authority cited: Section 1569.30, Health and Safety Code; and Senate Bill 2199 (Chapter 946, Statutes of 1998), Section 14 uncodified. Reference: Sections 1569.1, 1569.2, 1569.31, 1569.312, 1569.315, 1569.316, 1569.47, 1569.54, 1569.698, 1569.699, 1569.71, 1569.72 and 1569.73, Health and Safety Code; and Sections 15610.13 and 15763, Welfare and Institutions Code.
History
1. Change without regulatory effect renumbering Section 87504 to Section 87222 filed 11-17-88 (Register 88, No. 49). for prior history, see Registers 88, No. 34 and 88, No. 2.
2. Change without regulatory effect amending subsection (a)(6) filed 6-1-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 22).
3. Amendment of subsection (a)(6), new subsection (a)(11) and amendment of Note filed 7-23-2002; operative 8-22-2002 (Register 2002, No. 30).
4. Amendment of subsection (a)(7), new subsections (a)(7)(A)-(B), (b) and (c) and amendment of Note filed 6-3-2004; operative 7-3-2004 (Register 2004, No. 23).
5. Change without regulatory effect renumbering former section 87222 to section 87208 and renumbering former section 87593 to new section 87222, including amendment of section and Note, filed 3-5-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 10).
This database is current through 4/26/24 Register 2024, No. 17.
