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.
Notes
Note: Authority cited: Section 1569.30, Health and Safety Code. Reference: Section 1569.54, Health and Safety Code.
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