Section 1275.3 Of Article 3. Regulations From California Health And Safety Code >> Division 2. >> Chapter 2. >> Article 3.
1275.3
. (a) The State Department of Public Health and the State
Department of Developmental Services shall jointly develop and
implement licensing regulations appropriate for an intermediate care
facility/developmentally disabled-nursing and an intermediate care
facility/developmentally disabled-continuous nursing.
(b) The regulations adopted pursuant to subdivision (a) shall
ensure that residents of an intermediate care
facility/developmentally disabled-nursing and an intermediate care
facility/developmentally disabled-continuous nursing receive
appropriate medical and nursing services, and developmental program
services in a normalized, least restrictive physical and programmatic
environment appropriate to individual resident need.
In addition, the regulations shall do all of the following:
(1) Include provisions for the completion of a clinical and
developmental assessment of placement needs, including medical and
other needs, and the degree to which they are being met, of clients
placed in an intermediate care facility/developmentally
disabled-nursing and an intermediate care facility/developmentally
disabled-continuous nursing and for the monitoring of these needs at
regular intervals.
(2) Provide for maximum utilization of generic community resources
by clients residing in a facility.
(3) Require the State Department of Developmental Services to
review and approve an applicant's facility program plan as a
prerequisite to the licensing and certification process.
(4) Require that the physician providing the certification that
placement in the intermediate care facility/developmentally
disabled-nursing or intermediate care facility/developmentally
disabled-continuous nursing is needed, consult with the physician who
is the physician of record at the time the person's proposed
placement is being considered by the interdisciplinary team.
(c) Until the departments adopt regulations pursuant to this
section relating to services by an intermediate care
facility/developmentally disabled-nursing, the licensed intermediate
care facilities/developmentally disabled-nursing shall comply with
federal certification standards for intermediate care facilities for
individuals with intellectual disabilities, as specified in Sections
483.400 to 483.480, inclusive, of Title 42 of the Code of Federal
Regulations, in effect immediately preceding January 1, 2013.
(d) This section shall not supersede the authority of the State
Fire Marshal pursuant to Sections 13113, 13113.5, 13143, and 13143.6
to the extent that these sections are applicable to community care
facilities.
(e) This section shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date.