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§ 87637. Health Condition Relocation Order.

22 CA ADC § 87637Barclays Official California Code of Regulations

Barclays California Code of Regulations
Title 22. Social Security
Division 6. Licensing of Community Care Facilities (Refs & Annos)
Chapter 8. Residential Care Facilities for the Elderly (RCFE)
Article 11. Health-Related Services and Conditions
22 CCR § 87637
§ 87637. Health Condition Relocation Order.
Currentness
(a) If a resident has a health condition which cannot be cared for within the limits of the license, requires inpatient care in a health facility, or has a health condition prohibited by Section 87455(c) or Section 87615, Prohibited Health Conditions, the Department shall order the licensee to relocate the resident.
(b) When the Department orders the relocation of a resident, the following shall apply:
(1) The Department shall give written notice to the licensee ordering the relocation of the resident and informing the licensee of the resident's right to an interdisciplinary team review of the relocation order as specified in Section 87638, Resident Request for Review of Health Condition Relocation Order. Notice of the health condition relocation order and information about the right to request an interdisciplinary team review of the relocation order shall be given to the resident, by the Department, and sent to the resident's responsible person, if any.
(A) If the resident has no responsible person, as defined in Section 87101, the relocation order shall be sent to the representative payee, if any. In such cases, the Department shall also notify the State Long-Term Care Ombudsman of the relocation order by telephone.
(B) The notice shall advise that the licensee may request an administrative review of the health condition relocation order, and may request that an exception or waiver be granted or reinstated by the Department to allow retention of the resident in the facility.
(2) The licensee shall prepare a written relocation plan in any instance where the Department does not suspend the facility license. The plan shall contain all necessary steps to be taken to reduce stress to the resident which may result in transfer trauma, and shall include but not be limited to:
(A) A specific date for beginning and a specific date for completion of the process of safely relocating the resident. The time frame for relocation may provide for immediate relocation but shall not exceed 30 days.
(B) A specific date when the resident and the resident's responsible person, if any, shall be notified of the need for relocation.
(C) A specific date when consultation with the resident's physician, and hospice agency, if any, shall occur to obtain a current medical assessment of the resident's health needs, to determine the appropriate facility type for relocation and to ensure that the resident'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 resident and the responsible person, if any. The licensee shall advise the resident and/or the responsible person that if the resident is to be moved to another residential care facility for the elderly, a determination must be made that the resident's needs can be legally met in the new facility before the move is made. If the resident's needs cannot be legally met in the new facility, the resident 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, Multipurpose Senior Services Programs and others as appropriate to ensure that services are provided to the resident before, during and after the move. The need for the move shall be discussed with the resident and the resident assured that support systems will remain in place.
(F) Measures to be taken until relocation to protect the resident and/or meet the resident's health and safety needs.
(G) An agreement to notify the Department when the relocation has occurred, including the resident's new address, if known.
(3) The relocation plan shall be submitted in writing to the Department within the time set forth in the LIC 809 (Rev. 5/88) Licensing Report by the Department that the resident requires health services that the facility cannot legally provide.
(4) Any changes in the relocation plan shall be submitted in writing to the Department. The Department shall have the authority to approve, disapprove or modify the plan.
(5) If relocation of more than one (1) resident is required, a separate plan shall be prepared and submitted in writing for each resident.
(6) 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 this section or Section 87223, Relocation of Residents, for relocating a resident who has a health condition(s) which cannot be cared for in the facility and/or which requires inpatient care in a licensed health facility, nor from taking all necessary actions to reduce stress to the resident.
(7) In cases where the Department 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 Department shall order the licensee to immediately relocate the resident.
(A) No written relocation plan is necessary in cases of immediate relocation.
(c) In all cases when a resident must be relocated, the licensee shall not obstruct the relocation process and shall cooperate with the Department in the relocation 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 resident.
(2) Contacting the person responsible for the resident to assist in transporting him or her, if necessary.
(3) Contacting other suitable facilities for placement, if necessary.
(4) Providing access to resident's files when required by the Department.

Credits

Note: Authority cited: Section 1569.30, Health and Safety Code. Reference: Sections 1250, 1569.1, 1569.2, 1569.31, 1569.312, 1569.54 and 1569.73, Health and Safety Code.
History
1. Change without regulatory effect renumbering former section 87701.3 and former subsection 87582(j) to new section 87637, including amendment of subsections (a), (b)(1) and (b)(6), filed 3-5-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 10).
This database is current through 4/19/24 Register 2024, No. 16.
Cal. Admin. Code tit. 22, § 87637, 22 CA ADC § 87637
End of Document