Cal. Code Regs. Tit. 22, § 85068.4 - Acceptance and Retention Limitations
(a) The licensee shall not accept or retain
the following:
(1) Persons with prohibited
health conditions specified in Section
80091.
(2) Persons who require inpatient care in a
health facility.
(3) Persons who
have needs that are in conflict with the needs of other clients or the program
of services offered.
(4) Persons
who require more care and supervision than is provided by the
facility.
(5) Any person whose
primary need is acute psychiatric care due to a mental
disorder.
(b) The
licensee may admit or retain persons who are 60 years of age or older whose
needs are compatible with those of other clients if they require the same level
of care and supervision as the other clients in the facility and the licensee
is able to meet their needs.
(c)
When a licensee admits or retains any person 60 years of age or older, the
licensee shall ensure that all of the following information is contained in the
person's file:
(1) Completed Functional
Capabilities Assessment, required by Section
80069.2.
(2) Completed Needs and Services Plan,
required by Section
85068.2. If one or more
age-related care needs are identified by the provider or the referring source,
the licensee shall ensure that the Needs and Services Plan specified how such
need(s) will be addressed.
(3)
Documentation of a medical assessment, signed by a physician, made within the
last year.
(4) A letter of support
from the person's conservator with placement authority, if
applicable.
(5) Letters of support,
if any, from the person's placement officer, social worker, and/or mental
health professional, if applicable, documenting that the Adult Residential
Facility is the most appropriate setting for the person.
(d) The licensee shall ensure that the Needs
and Services Plan for each client 60 years of age or older is updated at least
annually and in accordance with Section
85068.3.
(e) The licensee shall ensure that the
medical assessment for each client 60 years of age or older is updated at least
annually and in accordance with the regulations addressing medical assessments
in Residential Care Facilities for the Elderly (RCFE) [California Code of
Regulations, Title 22, Sections
87458(b) and (c)]
.
(f) The Department may require
the licensee to comply with various regulations applicable to RCFEs if the
Department determines that compliance with any such specific regulations is
necessary to protect the health and safety of clients 60 years of age or older.
Such regulations may include, but not be limited to, those pertaining to the
training of staff members who assist clients with personal activities of daily
living; the regular observation of clients for changes in physical, mental,
emotional, and social functioning; and the notification of the client's
physician and responsible person and/or authorized representative, if any, of
documented changes.
(g) If
acceptance or retention of an individual 60 years of age or older would result
in the number of persons 60 years of age or older exceeding 50 percent of the
census in facilities with a capacity of six or fewer clients, or 25 percent of
the census in facilities with a capacity over six, the licensee must request an
exception in order to accept or retain the individual. The exception request
must be made in accordance with Section
80024. The documentation specified
in Section
85068.4(c) must
be submitted with the exception request.
Notes
2. Repealer and new subsection (a)(1) refiled 5-21-97 as an emergency; operative 6-1-97 (Register 97, No. 21). A Certificate of Compliance must be transmitted to OAL by 9-29-97 or emergency language will be repealed by operation of law on the following day.
3. Repealer and new subsection (a)(1) refiled 9-29-97 as an emergency; operative 9-29-97 (Register 97, No. 40). A Certificate of Compliance must be transmitted to OAL by 1-27-98 or emergency language will be repealed by operation of law on the following day.
4. Repealer and new subsection (a)(1) refiled 1-26-98 as an emergency; operative 1-27-98 (Register 98, No. 5). A Certificate of Compliance must be transmitted to OAL by 5-27-98 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-26-98 order transmitted to OAL 2-6-98; disapproved 3-23-98 (Register 98, No. 13).
6. Repealer and new subsection (a)(1) refiled 3-23-98 as an emergency; operative 3-23-98 (Register 98, No. 13). A Certificate of Compliance must be transmitted to OAL by 7-21-98 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 3-23-98 order transmitted to OAL 7-21-98 and filed 9-1-98 (Register 98, No. 36).
8. New subsections (b)-(c) filed 10-4-2005; operative 11-3-2005 (Register 2005, No. 40).
9. Amendment of section and NOTE filed 7-31-2009; operative 8-30-2009 (Register 2009, No. 31).
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 1501, 1507 and 1531, Health and Safety Code; and Joint Stipulation and Order for Settlement in the matter of California Association of Mental Health Patients' Rights Advocates v. Cliff Allenby, et al., Santa Clara County Superior Court, No. 106-CV061397, issued November 14, 2008.
2. Repealer and new subsection (a)(1) refiled 5-21-97 as an emergency; operative 6-1-97 (Register 97, No. 21). A Certificate of Compliance must be transmitted to OAL by 9-29-97 or emergency language will be repealed by operation of law on the following day.
3. Repealer and new subsection (a)(1) refiled 9-29-97 as an emergency; operative 9-29-97 (Register 97, No. 40). A Certificate of Compliance must be transmitted to OAL by 1-27-98 or emergency language will be repealed by operation of law on the following day.
4. Repealer and new subsection (a)(1) refiled 1-26-98 as an emergency; operative 1-27-98 (Register 98, No. 5). A Certificate of Compliance must be transmitted to OAL by 5-27-98 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-26-98 order transmitted to OAL 2-6-98; disapproved 3-23-98 (Register 98, No. 13).
6. Repealer and new subsection (a)(1) refiled 3-23-98 as an emergency; operative 3-23-98 (Register 98, No. 13). A Certificate of Compliance must be transmitted to OAL by 7-21-98 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 3-23-98 order transmitted to OAL 7-21-98 and filed 9-1-98 (Register 98, No. 36).
8. New subsections (b)-(c) filed 10-4-2005; operative 11-3-2005 (Register 2005, No. 40).
9. Amendment of section and Note filed 7-31-2009; operative 8-30-2009 (Register 2009, No. 31).
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