Cal. Code Regs. Tit. 22, § 87701.3 - Health Condition Relocation Order

(a) Except as provided in section 87582(e)(6)(A), in any instance where the Department does not suspend the facility license and the Department requires that a resident be relocated because the resident has a health condition(s) which cannot be cared for within the limits of the license of the facility or which requires inpatient care in a licensed health facility the licensee shall prepare a written relocation plan. The plan shall contain all necessary steps to be taken to reduce stress to the resident which may result in transfer trauma.

(1) The written relocation plan shall include, but not be limited to the following.

(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 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.

(2) The relocation plan shall be submitted in writing to the Department within the time set forth in the written notice by the Department that the resident requires health services that the facility cannot legally provide.

(3) 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.

(4) If relocation of more than one (1) resident is required, a separate plan shall be prepared and submitted in writing for each resident.

(5) 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 sections 87582(e) and (f) 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.

(6) 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.

Notes

Cal. Code Regs. Tit. 22, § 87701.3

1. Renumbering of former section 87701.2 to new section 87701.3, including amendment of NOTE, filed 12-29-2003 as an emergency; operative 1-1-2004 (Register 2004, No. 1). A Certificate of Compliance must be transmitted to OAL by 4-30-2004 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 12-29-2003 order transmitted to OAL 4-30-2004 and filed 6-10-2004 (Register 2004, No. 24).
3. Change without regulatory effect renumbering former section 87701.3 to new section 87637 and renumbering former subsection 87582(i) to section 87701.3 filed 3-5-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 10).

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.

1. Renumbering of former section 87701.2 to new section 87701.3, including amendment of Note,filed 12-29-2003 as an emergency; operative 1-1-2004 (Register 2004, No. 1). A Certificate of Compliance must be transmitted to OAL by 4-30-2004 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 12-29-2003 order transmitted to OAL 4-30-2004 and filed 6-10-2004 (Register 2004, No. 24).
3. Change without regulatory effect renumbering former section 87701.3 to new section 87637 and renumbering former subsection 87582(i) to section 87701.3 filed 3-5-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 10).