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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