Cal. Code Regs. tit. 22 § 81068

Current through Register 2024 Notice Reg. No. 45, November 8, 2024
Section 81068 - Admission Agreements
(a) The licensee shall complete an individual written admission agreement with each client and the client's authorized representative, if any.
(1) Prior to admitting a developmentally disabled adult recommended by a Regional Center, the licensee shall obtain from the Regional Center written certification which states that there was no objection to the placement by any persons specified in Welfare and Institutions Code section 4803.
(2) The licensee shall maintain a copy of the certification in the client's file.
(b) The licensee shall complete and maintain in the client's file a Telecommunications Device Notification -- LIC 9158 (5/97) for each client whose pre-admission appraisal or medical assessment indicates that he/she is deaf, hearing-impaired, or otherwise disabled.
(c) Admission agreements must specify the following:
(1) Basic services.
(2) Available optional services.
(3) Payment provisions, including the following:
(A) Basic rate.
(B) Optional services rates.
(C) Payor.
(D) Due date.
(E) Frequency of payment.
(4) Modification conditions, including requirement for provision of at least 30 calendar days' prior written notice to the client or his/her authorized representative of any basic rate change.
(A) It shall be acceptable for agreements involving clients whose care is funded at government-prescribed rates to specify that the effective date of a government rate change shall be considered the effective date for basic-service rate modifications and that no prior notice is necessary.
(5) Refund Conditions.
(6) Right of the licensing agency to perform the duties authorized in Section 81044(b) and (c).
(7) Conditions under which the agreement may be terminated.
(A) The client's refusal to cooperate with the licensee's implementation of his/her Restricted Health Condition Care Plan as specified in Section 81092.2, if any, and his/her Needs and Services Plan, as specified in Section 81068.2 or 81068.3, must be one of the conditions.
(8) The facility's policy concerning family visits and other communication with clients, pursuant to Health and Safety Code section 1512.
(9) Facility policies that are intended to ensure that no client, in the exercise of his/her personal rights, infringes upon the personal rights of any other client.
(10) Those actions, circumstances, or conditions that may result in the client's eviction from the facility as specified in Section 81068.5.
(11) An indication of whether the client is either receiving or is eligible to receive Short/Doyle payments pursuant to Welfare and Institutions Code sections 5700 through 5750.
(12) If a client has a restricted health condition, as specified in Section 81092, the admission agreement must contain a statement that he/she agrees to comply with the Restricted Health Condition Care Plan developed for him/her as specified in Section 81092.2.
(d) Such agreements shall be dated and signed, acknowledging the contents of the document, by the client and the client's authorized representative and the licensee or the licensee's designated representative no later than seven calendar days following admission.
(e) Modifications to the original agreement shall be made whenever circumstances covered in the agreement change, and shall be dated and signed by the persons specified in Section 81068(c) above.
(f) The licensee shall retain in the client's file the original of the initial admission agreement and all subsequent modifications.
(1) The licensee shall provide a copy of the current admission agreement to the client and the client's authorized representative, if any.
(g) The licensee shall comply with all terms and conditions set forth in the admission agreement.
(h) The admission agreement shall be automatically terminated by the death of the client. No liability or debt shall accrue after the date of death.

Cal. Code Regs. Tit. 22, § 81068

1. New section filed 1-7-91; operative 2-2-91 pursuant to Government Code section 11346.2(d) (Register 91, No. 12).
2. Editorial correction of printing error in subsection (b)(1) (Register 91, No. 32).
3. Change without regulatory amending section and NOTE filed 1-5-2016 pursuant to section 100, title 1, California Code of Regulations (Register 2016, No. 2).

Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 4803, 5670, 5671 and 5713.1, Welfare and Institutions Code; Sections 1501, 1507(a)(7), 1512, 1524.7 and 1531, Health and Safety Code; and Section 2881, Public Utilities Code.

1. New section filed 1-7-91; operative 2-2-91 pursuant to Government Code section 11346.2(d) (Register 91, No. 12).
2. Editorial correction of printing error in subsection (b)(1) (Register 91, No. 32).
a1 The reorganization of Chapter 2 is printed as a repealer and adoption for clarity.
3. Change without regulatory amending section and Note filed 1-5-2016 pursuant to section 100, title 1, California Code of Regulations (Register 2016, No. 2).