Cal. Code Regs. Tit. 22, § 87638 - Resident Request for Review of Health Condition Relocation Order
(a) A resident, or
the resident's responsible person, if any, shall be permitted to request a
review and determination of the Department's health condition relocation order
by the interdisciplinary team.
(1) If the
resident has no responsible person, as defined in Section
87101, the Long-Term Care
Ombudsman and/or the resident's representative payee, if any, shall be
permitted to submit a request for review and determination on behalf of the
resident.
(b) The
resident, or the resident's responsible person, if any, shall have three (3)
working days, from receipt of the relocation order, to submit to the licensee a
written, signed and dated request for a review and determination by the
interdisciplinary team.
(1) For purposes of
this section, a working day is any day except Saturday, Sunday or an official
state holiday.
(c) The
licensee shall mail or deliver such a request to the Department within two (2)
working days of receipt.
(1) Failure or
refusal to do so may result in civil penalties, as provided in Section
87761,
Penalties.
(d) The
Department shall give written notification to the resident, or the resident's
responsible person, if any, acknowledging receipt of the resident's request for
review of the relocation order. Notification shall occur within three (3)
working days of receipt by the Department of the request for review.
(e) Within ten (10) working days from the
date of the resident's review request, the licensee shall submit to the
Department the documentation specified in Section
87638(g) to
complete the resident's review request.
(f) The licensee shall cooperate with the
resident, or the resident's responsible person, if any, in gathering the
documentation to complete the resident's review request.
(g) The documentation to complete the
resident's review request shall include, but not be limited to, the following:
(1) The reason(s) for disagreeing that the
resident has the health condition identified in the relocation order and why
the resident believes he/she may legally continue to reside in a residential
care facility for the elderly.
(2)
A current medical assessment signed by the resident's physician.
(A) For purposes of this section, this
assessment shall include the information specified in Sections
87611(a)(1)(A) through
(E).
(B) For purposes of this section "current"
shall mean a medical assessment completed on or after the date of the
relocation order.
(3) An
appraisal or reappraisal of the resident as specified in Sections
87457(c)(1) and
87463, Reappraisals.
(A) The licensee shall be permitted to use
the form LIC 603 (Rev. 6/87), Preplacement Appraisal Information, to document
the appraisal or reappraisal.
(4) A written statement from a placement
agency, if any, currently involved with the resident, addressing the relocation
order.
(h) The Department
shall inform the resident and/or the resident's responsible person, if any, in
writing, of the interdisciplinary team's determination and the reason for that
determination not more than 30 days after the resident or his/her responsible
person, if any, is notified of the need to relocate.
(i) The resident's right to a review of a
health condition relocation order issued by the Department shall not:
(1) Nullify a determination by the Department
that the resident must be relocated in order to protect the resident's health
and safety as specified in Section
87637(a).
(2) Apply to eviction under Section
87224, Eviction
Procedures.
(3) Imply a right to a
state hearing or any other administrative review beyond that set forth in this
section.
(4) Apply if the facility
license has been temporarily suspended as specified in Section
87775(c).
Notes
Note: Authority cited: Section 1569.30, Health and Safety Code. Reference: Section 1569.54, Health and Safety Code.
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