Cal. Code Regs. Tit. 22, § 87637 - Health Condition Relocation Order
(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 .
Notes
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.
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