Section 1599.78 - [Effective 1/1/2025] Notice required for involuntary transfer(a) A contract of admission shall state that, except in an emergency, a resident may not be involuntarily transferred or discharged from a long-term health care facility unless the resident and, if applicable, the resident's representative, are given reasonable notice in writing and transfer or discharge planning as required by law. The written notice shall meet both of the following conditions:(1) The notice shall state the reason for the transfer or discharge.(2) The notice shall include the following statement:"At the time of admission, this facility is an enrolled provider with the following: ____ Medi-Cal ____ Medicare.
If we participate in Medi-Cal, you will not be discharged from the facility or transferred within the facility, solely as a result of changing your manner of purchasing the services from private payment or Medicare to Medi-Cal, except for a potential transfer within the facility from a private room to a semiprivate room.
If we participate in Medi-Cal, you may be eligible for the Long-Term Care Medi-Cal program to help pay for your stay in the facility. For more information, refer to the attached notice DHCS 7077, Notice Regarding Standards for Medi-Cal Eligibility, from the State Department of Health Care Services. Medi-Cal, Medicare, or a private payor may require that the resident pay a copayment, coinsurance, or a deductible, all of which the facility considers to be the resident's share of cost."
(b) The facility shall promptly notify the Office of the State Long-Term Care Ombudsman in every case of involuntary discharge as specified in Section 1439.7.(c) The provisions of this section are intended to be consistent with federal law and regulations.Ca. Health and Saf. Code § 1599.78
Amended by Stats 2024 ch 339 (SB 1354),s 2, eff. 1/1/2025.Amended by Stats 2023 ch 835 (AB 1309),s 2, eff. 1/1/2024.Amended by Stats. 1989, Ch. 1360, Sec. 86.This section is set out more than once due to postponed, multiple, or conflicting amendments.