Section 1289.3 Of Article 3. Regulations From California Health And Safety Code >> Division 2. >> Chapter 2. >> Article 3.
1289.3
. (a) A long-term health care facility, as defined in Section
1418, which fails to make reasonable efforts to safeguard patient
property shall reimburse a patient for or replace stolen or lost
patient property at its then current value. The facility shall be
presumed to have made reasonable efforts to safeguard patient
property if the facility has shown clear and convincing evidence of
its efforts to meet each of the requirements specified in Section
1289.4. The presumption shall be a rebuttable presumption, and the
resident or the resident's representative may pursue this matter in
any court of competent jurisdiction.
(b) A citation shall be issued if the long-term health care
facility has no program in place or if the facility has not shown
clear and convincing evidence of its efforts to meet all of the
requirements set forth in Section 1289.4. The department shall issue
a deficiency in the event that the manner in which the policies have
been implemented is inadequate or the individual facility situation
warrants additional theft and loss protections.
(c) The department shall not determine that a long-term health
care facility's program is inadequate based solely on the occasional
occurrence of theft or loss in a facility.