Cal. Code Regs. Tit. 22, § 87211 - Reporting Requirements
(a) Each licensee shall furnish to the
licensing agency such reports as the Department may require, including, but not
limited to, the following:
(1) A written
report shall be submitted to the licensing agency and to the person responsible
for the resident within seven days of the occurrence of any of the events
specified in (A) through (D) below. This report shall include the resident's
name, age, sex and date of admission; date and nature of event; attending
physician's name, findings, and treatment, if any; and disposition of the case.
(A) Death of any resident from any cause
regardless of where the death occurred, including but not limited to a day
program, a hospital, en route to or from a hospital, or visiting away from the
facility.
(B) Any serious injury as
determined by the attending physician and occurring while the resident is under
facility supervision.
(C) The use
of an Automated External Defibrillator.
(D) Any incident which threatens the welfare,
safety or health of any resident, such as psychological abuse of a resident by
staff or other residents, or unexplained absence of any
resident.
(2)
Occurrences, such as epidemic outbreaks, poisonings, catastrophes or major
accidents which threaten the welfare, safety or health of residents, personnel
or visitors, shall be reported within 24 hours either by telephone or facsimile
to the licensing agency and to the local health officer when
appropriate.
(3) Fires or
explosions which occur in or on the premises shall be reported immediately to
the local fire authority; in areas not having organized fire services, within
24 hours to the State Fire Marshal; and no later than the next working day to
the licensing agency.
(b)
Any suspected physical abuse that results in serious bodily injury of an elder
or dependent adult shall be reported to the local ombudsman, the corresponding
licensing agency, and the local law enforcement agency within two (2) hours as
required by Welfare and Institutions Code Section 15630(b)(1).
(c) Any suspected physical abuse that does
not result in serious bodily injury of an elder or dependent adult shall be
reported to the local ombudsman, the corresponding licensing agency, and the
local law enforcement agency within twenty-four (24) hours as required by
Welfare and Institutions Code Section 15630(b)(1).
(d) The licensee shall notify the Department,
the State Long-Term Care Ombudsman, all residents, and, if applicable, their
representatives, in writing within two business days of any of the following
specified events, or knowledge thereof:
(1) A
notice of default, notice of trustee's sale, or any other indication of
foreclosure is issued on the property.
(2) An unlawful detainer action is initiated
against the licensee.
(3) The
licensee files for bankruptcy.
(4)
The licensee receives a written notice of default of payment of rent described
in Section 1161 of the Code of Civil Procedure.
(5) A utility company has sent a notice of
intent to terminate electricity, gas, or water service on the property within
not more than 15 days of the notice.
(e) The licensee shall notify in writing all
applicants for potential residence, and, if applicable, the representatives,
prior to signing an admission agreement, of any of the events, or knowledge of
events specified in Section
87211(d).
(f) Failure to comply with Section
87211(d), or
Section 87211(e), or
both, may result in a civil penalty of one hundred dollars ($100) for each day
of the failure to provide the required notification, not to exceed two thousand
dollars ($2,000).
(1) If a resident is
relocated without the specified notification, and the resident suffers transfer
trauma as defined in Section
87101, or other harm to their
health or safety, the Department may suspend or revoke the license or other
specified actions pursuant to Health and Safety Code section
1569.686(c).
(g) The
licensee shall notify the Department, in writing, within thirty (30) days of
the hiring of a new administrator. The notification shall include the
following:
(1) Name and residence and mailing
addresses of the new administrator.
(2) Date he/she assumed his/her
position.
(3) Description of
his/her background and qualifications, including documentation of required
education and administrator certification.
(A) A photocopy of the documentation is
acceptable.
(h)
Any change in the chief corporate officer of an organization, corporation or
association shall be reported to the licensing agency in writing within fifteen
(15) working days following such change. Such notification shall include the
name, address and the fingerprint card of the new chief executive officer, as
required by Section
87355, Criminal Record
Clearance.
Notes
2. Change without regulatory effect amending subsection (a)(1)(D), adopting new subsections (b) and (c), relettering subsections and amending NOTE filed 5-2-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 18).
3. New subsections (d)-(f), subsection relettering and amendment of NOTE filed 7-12-2018; operative 10-1-2018 (Register 2018, No. 28).
Note: Authority cited: Sections 1569.30 and 1569.616, Health and Safety Code. Reference: Sections 1569.1, 1569.2, 1569.31, 1569.312, 1569.616, 1569.686 and 1797.196, Health and Safety Code; and Section 15630, Welfare and Institutions Code.
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.