Cal. Code Regs. tit. 22 § 87868.3

Current through Register 2024 Notice Reg. No. 45, November 8, 2024
Section 87868.3 - Department Relocation Determination
(a) The Department shall require the relocation of a resident to the inpatient care unit of a licensed health facility if it is determined that the resident, due to his/her physical and/ or mental health condition, requires a higher level of care than the facility can legally provide.
(1) The Department shall obtain an assessment of the resident's physical and/or mental health condition from the appropriately skilled professional.
(A) The assessment shall include input from the resident, his/her authorized representative, his/her physician and/or surgeon, and the registered Nurse Case Manager.
(B) The assessment shall specify the type of illness or health condition which the resident is experiencing, whether the illness or health condition is episodic or continuous, and whether the resident's need for a higher level of care is temporary or permanent.
(b) The Department shall give notice to the resident and/or his/her authorized representative to relocate if the assessment supports the Department's determination that the resident requires inpatient care in a health facility.
(1) The Department shall send copies of the Written Notice to Relocate to the licensee, resident's physician and surgeon and the Registered Nurse Case Manager.
(2) The Written Notice to Relocate shall specify a deadline date for the licensee to submit the plan for relocation and carry out the relocation procedures specified in Section 87868.2.

Cal. Code Regs. Tit. 22, § 87868.3

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 A Certificate of Compliance must be transmitted to OAL by 10-7-91 or emergency language will be repealed by operation of law on the following day.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 A Certificate of Compliance must be transmitted to OAL 4-1-92 or emergency language will be repealed by operation of law on the following day.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 (a)(1)(B) transmitted to OAL 4-1-92 and filed 5-13-92 (Register 92, No. 23).
4. Editorial correction of subsection (b)(2) (Register 2002, No. 14).

Note: Authority cited: Section 1568.072, Health and Safety Code. Reference: Sections 1568.07, 1568.072, and 1568.073, 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 (a)(1)(B) transmitted to OAL 4-1-92 and filed 5-13-92 (Register 92, No. 23).
4. Editorial correction of subsection (b)(2) (Register 2002, No. 14).