Cal. Code Regs. tit. 22 § 87822

Current through Register 2024 Notice Reg. No. 45, November 8, 2024
Section 87822 - Plan of Operation
(a) Each licensee shall maintain on file a current, written plan of operation.
(b) The plan and related materials shall contain the following:
(1) Statement of purposes, and program methods and goals.
(2) Statement of admission policies and procedures regarding acceptance of residents.
(3) A copy of the admission agreement.
(4) A copy of the planned facility's house rules.
(5) Administrative organization, if applicable.
(6) Staffing plan, qualifications and duties.
(7) Plan for inservice training and continuing educational training of staff.
(8) A sketch of the building(s) to be occupied, including a floor plan which describes the capacities of the buildings for the uses intended, room dimensions, and designation of the rooms to be used for nonambulatory residents, if any.
(9) A sketch of the grounds showing buildings, driveways, fences, storage areas, pools and other bodies of water, gardens, recreation areas and other space used by the residents.
(A) The sketch shall include the dimensions of all areas which will be used by the residents.
(10) A sample menu for one calendar week indicating the time of day that meals and snacks are to be served.
(11) Transportation arrangements for residents who do not have independent arrangements for medical, dental appointments and other appointments for professional services as required by this chapter.
(12) Rate setting policy including, but not limited to, policy on refunds.
(13) A statement whether or not the licensee will handle the residents' money, personal property, and/or valuables. If money, personal property, and/or valuables will be handled, the method for safeguarding shall ensure compliance with Section 87826.
(14) Consultant and community resources to be utilized by the facility as part of its program.
(15) The facility's policy regarding visiting hours, including the conditions under which a visit may be prohibited.
(16) The facility's policy regarding the resident's use of the telephone and receiving written communication.
(17) The facility's policy regarding the designated smoking area.
(18) The facility's policy governing the use of alcohol and prohibition of illegal drug use.
(19) A statement regarding whether the facility will accept persons who request a "DO NOT Resuscitate Order."
(20) If the facility will accept such persons, a plan for ensuring that the "DO NOT Resuscitate Order" as stipulated by the resident or the person who has durable power of attorney for health care is carried out by the appropriately skilled professional.
(21) The facility's plan for the internal handling of hazardous waste.
(22) The facility's plan for relocating children when the adult members of their family units are hospitalized, relocate, become unable to meet the child's needs, or die.
(23) The plan of operation and related materials shall contain the Infection Control Plan pursuant to Section 87895.5(c).
(c) The plan of operation shall include the name, address, telephone number, qualifications, licenses and credentials of the persons or agencies who will provide the following services for the residents, if not provided by the facility:
(1) Counseling regarding chronic, life-threatening illness, current information on treatment of the illness, and the possible effects of the illness on the resident's physical and/or mental health.
(2) Psychosocial support services.
(3) Death and dying counseling which must focus, at least in part, on the grieving process.
(4) Consultation on housing, health benefits, financial support, community-based and county services system.
(5) Home health care services.
(6) Alternative language services for residents who do not speak English, if not provided by the facility.
(7) Culturally appropriate services.
(8) Assistance for residents who have physical disabilities, including but not limited to hearing and motor impairments.
(d) Any changes in the plan of operation which affect the services to residents shall be subject to Department approval and shall be reported.
(e) The facility shall operate in accordance with the terms specified in the plan of operation.

Cal. Code Regs. Tit. 22, § 87822

1. New section filed 6-7-91 as an emergency; operative 6-7-91 (Register 91, No. 38). A Certificate of Compliance must be transmitted to OAL by 10-7-91 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 12-3-91 as an emergency; operative 12-3-91 (Register 92, No. 9). A Certificate of Compliance must be transmitted to OAL 4-1-92 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 12-3-91 order including amendment of subsection (b)(19) and new subsection (b)(20) and renumbering transmitted to OAL 4-1-92 and filed 5-13-92 (Register 92, No. 23).
4. New subsection (b)(22) filed 11-4-96; operative 12-4-96 (Register 96, No. 45).
5. Editorial correction of subsection (a)(13) (Register 2002, No. 14).
6. New subsection (b)(23) filed 2-7-2022 as an emergency; operative 2-7-2022 (Register 2022, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-8-2022 or emergency language will be repealed by operation of law on the following day.
7. New subsection (b)(23) refiled 8-8-2022 as an emergency; operative 8-8-2022 (Register 2022, No. 32). A Certificate of Compliance must be transmitted to OAL by 11-7-2022 or emergency language will be repealed by operation of law on the following day.
8. New subsection (b)(23) refiled 11-7-2022 as an emergency; operative 11-7-2022 (Register 2022, No. 45). A Certificate of Compliance must be transmitted to OAL by 2-6-2023 or emergency language will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 11-7-2022 order transmitted to OAL 2-3-2023 and filed 3-20-2023 (Register 2023, No. 12).

Note: Authority cited: Section 1568.072, Health and Safety Code. Reference: Sections 1568.02 and 1568.072, Health and Safety Code.

1. New section filed 6-7-91 as an emergency; operative 6-7-91 (Register 91, No. 38). A Certificate of Compliance must be transmitted to OAL by 10-7-91 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 12-3-91 as an emergency; operative 12-3-91 (Register 92, No. 9). A Certificate of Compliance must be transmitted to OAL 4-1-92 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 12-3-91 order including amendment of subsection (b)(19) and new subsection (b)(20) and renumbering transmitted to OAL 4-1-92 and filed 5-13-92 (Register 92, No. 23).
4. New subsection (b)(22) filed 11-4-96; operative 12-4-96 (Register 96, No. 45).
5. Editorial correction of subsection (a)(13) (Register 2002, No. 14).
6. New subsection (b)(23) filed 2-7-2022 as an emergency; operative 2/7/2022 (Register 2022, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-8-2022 or emergency language will be repealed by operation of law on the following day.
7. New subsection (b)(23) refiled 8-8-2022 as an emergency; operative 8/8/2022 (Register 2022, No. 32). A Certificate of Compliance must be transmitted to OAL by 11-7-2022 or emergency language will be repealed by operation of law on the following day.
8. New subsection (b)(23) refiled 11-7-2022 as an emergency; operative 11/7/2022 (Register 2022, No. 45). A Certificate of Compliance must be transmitted to OAL by 2-6-2023 or emergency language will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 11-7-2022 order transmitted to OAL 2-3-2023 and filed 3/20/2023 (Register 2023, No. 12).