Section 1336.3 Of Article 8.5. Long-term Care Facility Advance Notification Requirements From California Health And Safety Code >> Division 2. >> Chapter 2. >> Article 8.5.
1336.3
. (a) In the event of an emergency, such as earthquake, fire,
or flood which threatens the safety or welfare of patients in a
facility, the facility shall do all of the following:
(1) Notify, as soon as possible, family members, patients'
guardians, the state department, and the ombudsperson for that
facility of the emergency and the steps that the facility plans to
take for the patient's welfare.
(2) Provide the services set forth in subdivision (a) of Section
1336.2 if further relocation of the patient is necessary.
(3) Undertake prompt medical assessment of, and provide counseling
as needed to, patients whose further relocation is not necessary but
who have suffered or may suffer adverse health consequences due to
the emergency or sudden transfer.
(b) Each facility shall adopt a written emergency preparedness
plan and shall make that plan available to the state department upon
request. The plan shall comply with the requirements in this section
and the state department's Contingency Plan for Licensed Facilities.
The facility, as part of its emergency preparedness planning, shall
seek to enter into reciprocal or other agreements with nearby
facilities and hospitals to provide temporary care for patients in
the event of an emergency. The facility shall report to the state
department the name of any facility or hospital which fails or
refuses to enter into such agreements and the stated reason for that
failure or refusal.
Section 1336.2 shall not apply in the event of transfers made
pursuant to an emergency preparedness plan. In any event, however,
the facility shall provide the notice and services described in
subdivisions (a) to (c), inclusive.