Section 1276.5 Of Article 3. Regulations From California Health And Safety Code >> Division 2. >> Chapter 2. >> Article 3.
1276.5
. (a) The department shall adopt regulations setting forth
the minimum number of equivalent nursing hours per patient required
in skilled nursing and intermediate care facilities, subject to the
specific requirements of Section 14110.7 of the Welfare and
Institutions Code. However, notwithstanding Section 14110.7 or any
other law, commencing January 1, 2000, the minimum number of actual
nursing hours per patient required in a skilled nursing facility
shall be 3.2 hours, except as provided in Section 1276.9.
(b) (1) For the purposes of this section, "nursing hours" means
the number of hours of work performed per patient day by aides,
nursing assistants, or orderlies plus two times the number of hours
worked per patient day by registered nurses and licensed vocational
nurses (except directors of nursing in facilities of 60 or larger
capacity) and, in the distinct part of facilities and freestanding
facilities providing care for persons with developmental disabilities
or mental health disorders by licensed psychiatric technicians who
perform direct nursing services for patients in skilled nursing and
intermediate care facilities, except when the skilled nursing and
intermediate care facility is licensed as a part of a state hospital,
and except that nursing hours for skilled nursing facilities means
the actual hours of work, without doubling the hours performed per
patient day by registered nurses and licensed vocational nurses.
(2) Concurrent with implementation of the first year of rates
established under the Medi-Cal Long Term Care Reimbursement Act of
1990 (Article 3.8 (commencing with Section 14126) of Chapter 7 of
Part 3 of Division 9 of the Welfare and Institutions Code), for the
purposes of this section, "nursing hours" means the number of hours
of work performed per patient day by aides, nursing assistants,
registered nurses, and licensed vocational nurses (except directors
of nursing in facilities of 60 or larger capacity) and, in the
distinct part of facilities and freestanding facilities providing
care for persons with developmental disabilities or mental health
disorders, by licensed psychiatric technicians who performed direct
nursing services for patients in skilled nursing and intermediate
care facilities, except when the skilled nursing and intermediate
care facility is licensed as a part of a state hospital.
(c) Notwithstanding Section 1276, the department shall require the
utilization of a registered nurse at all times if the department
determines that the services of a skilled nursing and intermediate
care facility require the utilization of a registered nurse.
(d) (1) Except as otherwise provided by law, the administrator of
an intermediate care facility/developmentally disabled, intermediate
care facility/developmentally disabled habilitative, or an
intermediate care facility/developmentally disabled--nursing shall be
either a licensed nursing home administrator or a qualified
intellectual disability professional as defined in Section 483.430 of
Title 42 of the Code of Federal Regulations.
(2) To qualify as an administrator for an intermediate care
facility for the developmentally disabled, a qualified intellectual
disability professional shall complete at least six months of
administrative training or demonstrate six months of experience in an
administrative capacity in a licensed health facility, as defined in
Section 1250, excluding those facilities specified in subdivisions
(e), (h), and (i).