Cal. Code Regs. Tit. 22, § 87616 - Exceptions for Health Conditions

(a) As specified in Section 87209, Program Flexibility, the licensee may submit a written exception request if he/she agrees that the resident has a prohibited and/or restrictive health condition but believes that the intent of the law can be met through alternative means.

(b) Written requests shall include, but are not limited to, the following:

(1) Documentation of the resident's current health condition including updated medical reports, other documentation of the current health, prognosis, and expected duration of condition.

(2) The licensee's plan for ensuring that the resident's health related needs can be met by the facility.

(3) Plan for minimizing the impact on other residents.

(c) Facilities that have satisfied the requirements of Section 87632, Hospice Care Waiver, are not required to submit written exception requests under this section for residents or prospective residents with restricted health conditions under Section 87612 and/or prohibited health conditions under Section 87615 provided those residents have been diagnosed as terminally ill and are receiving hospice services in accordance with a hospice care plan as required under Section 87633, Hospice Care for Terminally Ill Residents, and the treatment of such restricted and/or prohibited health conditions is specifically addressed in the hospice care plan.

Notes

Cal. Code Regs. Tit. 22, § 87616

1. Change without regulatory effect renumbering former section 87721 to new section 87616, including amendment of section heading, subsection (a) and NOTE, filed 3-5-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 10).
2. New subsection (c) and amendment of NOTE filed 4-7-2015; operative 7-1-2015 (Register 2015, No. 15).

Note: Authority cited: Section 1569.30, Health and Safety Code. Reference: Sections 1250, 1569.2(a), 1569.2(e), 1569.2(j), 1569.31, 1569.312, 1569.72(a), 1569.72(a)(1) and 1569.73, Health and Safety Code.

1. Change without regulatory effect renumbering former section 87721 to new section 87616, including amendment of section heading, subsection (a) and Note, filed 3-5-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 10).
2. New subsection (c) and amendment of Note filed 4-7-2015; operative 7/1/2015 (Register 2015, No. 15).