Section 1568.073 Of Chapter 3.01. Residential Care Facilities For Persons With Chronic Life-threatening Illness From California Health And Safety Code >> Division 2. >> Chapter 3.01.
1568.073
. (a) (1) The department may order the licensee to remove a
resident who has a health condition which cannot be cared for within
the limits of the license or requires inpatient care in a health
facility as determined by the department pursuant to Section 1568.07.
(2) When the department determines that the resident's mental or
physical condition requires immediate transfer from the facility in
order to protect the health and safety of the resident, the
department may order the licensee to remove the resident after the
department consults with a physician or other medical professional
about the transfer and ways in which transfer trauma can be
minimized.
(b) (1) When the department determines that a resident has a
health condition which cannot be cared for within the limits of the
license or requires inpatient care in a health facility, the
department shall give notice to the resident, his or her legal
representative when appropriate, his or her physician when
applicable, his or her case manager when applicable, and the
licensee. The notice shall specify a deadline for submitting a
written plan for relocation and inform the resident of his or her
right for a review and determination. The resident, or his or her
legal representative, shall have three working days to inform the
licensee of the request for review. The licensee shall forward the
request to the department within two working days of receipt. Failure
or refusal by the licensee to submit the request to the department
may subject the licensee to the civil penalties as specified in
Section 1568.0822. The department shall not refuse to consider the
request if the licensee fails or refuses to submit the request to the
department.
(2) The review and determination shall be completed within 30 days
from the date that the resident was initially informed of the need
to relocate. If the determination is made that the resident must
relocate, the notice shall include a plan for transfer including ways
to minimize transfer trauma for the resident.
(3) The department may require the licensee to prepare and submit
to the department a written plan for relocation, to comply with the
terms and conditions of the approved plan, and to provide other
information as necessary for the enforcement of this section.
(c) The provisions allowing for a resident's right to a review
prior to transfer as provided in subdivision (b) neither negates the
department's authority and responsibility to require an immediate
transfer according to paragraph (2) of subdivision (a) when the
department finds and provides evidence that the resident must be
relocated in order to protect the health and safety of the resident,
nor implies any right to a fair hearing pursuant to Chapter 7
(commencing with Section 10950) of Part 2 of Division 9 of the
Welfare and Institutions Code.
(d) The department shall specify by regulation the process for
making relocation decisions and for appealing and reviewing those
decisions pursuant to this section.