1569.525
. (a) If the director determines that it is necessary to
temporarily suspend or to revoke any license of a residential care
facility for the elderly in order to protect the residents or clients
of the facility from physical or mental abuse, abandonment, or any
other substantial threat to health or safety pursuant to Section
1569.50, the department shall make every effort to minimize trauma
for the residents.
(b) (1) (A) After a decision is made to temporarily suspend or,
upon an order, to revoke the license of a residential care facility
for the elderly which is likely to result in closure of the facility,
the department shall contact both of the following:
(i) The Office of the State Long-Term Care Ombudsman.
(ii) Any local agency that may have placement or advocacy
responsibility for the residents of a residential care facility for
the elderly.
(B) The department shall work with these agencies, and the
licensee if the director determines it to be appropriate, to locate
alternative placement sites and to contact relatives or other persons
responsible for the care of these residents, and to assist in the
transfer of residents.
(2) The department shall use appropriately skilled professionals
deemed appropriate by the department to provide onsite evaluation of
the residents and assist in any transfers.
(3) The department shall require the licensee to prepare and
submit to the licensing agency a written plan for relocation and
compliance with the terms and conditions of the approved plans, and
to provide other information as necessary for the enforcement of this
section.
(c) Upon receipt of an order to temporarily suspend or revoke a
license, the licensee shall be prohibited from accepting new
residents or entering into admission agreements for new residents.
(d) Upon an order to temporarily suspend a license, the following
shall apply:
(1) The licensee shall immediately provide written notice of the
temporary suspension to the resident and initiate contact with the
resident's responsible person, if applicable.
(2) The department may secure, or permit the licensee to secure,
the services of a temporary manager who is not an immediate family
member of the licensee or an entity that is not owned by the licensee
to manage the day-to-day operations of the facility. The temporary
manager shall be appointed and assume operation of the facility in
accordance with Section 1569.481.
(e) Upon an order to revoke a license following the temporary
suspension of a license pursuant to Section 1569.50 that led to the
transfer of all residents, the following applies:
(1) The licensee shall provide a 60-day written notice of license
revocation that may lead to closure to the resident and the resident'
s responsible person within 24 hours of receipt of the department's
order of revocation.
(2) The department shall permit the licensee to secure the
services of a temporary manager who is not an immediate family member
of the licensee or an entity that is not owned by the licensee to
manage the day-to-day operations of the residential care facility for
the elderly for a period of at least 60 days, provided that all of
the following conditions are met:
(A) A proposal is submitted to the department within 72 hours of
the licensee's receipt of the department's order of revocation that
includes both of the following:
(i) A completed "Application for a Community Care Facility or
Residential Care Facility for the Elderly License" form (LIC 200), or
similar form as determined by the department, signed and dated by
both the licensee and the person or entity described in paragraph
(2).
(ii) A copy of the executed agreement between the licensee and the
person or entity described in paragraph (2) that delineates the
roles and responsibilities of each party and specifies that the
person or entity described in paragraph (2) shall have the full
authority necessary to operate the facility, in compliance with all
applicable laws and regulations, and without interference from the
licensee.
(B) The person or entity described in paragraph (2) shall be
currently licensed and in substantial compliance to operate a
residential care facility for the elderly that is of comparable size
or greater and has comparable programming to the facility. For
purposes of this subparagraph, the following definitions apply:
(i) "Comparable programming" includes, but is not limited to,
dementia care, hospice care, and care for residents with exempted
prohibited health care conditions.
(ii) "Comparable size" means a facility capacity of 1 to 15
residents, 16 to 49 residents, or 50 or more residents.
(C) The person or entity described in paragraph (2) is not subject
to the application fee specified in Section 1569.185.
(D) If the department denies a proposal to secure the services of
a person or entity pursuant to paragraph (2), this denial shall not
be deemed a denial of a license application subject to the right to a
hearing under Section 1569.22 and other procedural rights under
Section 1569.51.
(f) (1) Notwithstanding Section 1569.651 or any other law, for
paid preadmission fees, a resident who transfers from the facility
due to the notice of temporary suspension or revocation of a license
pursuant to this section is entitled to a refund in accordance with
all of the following:
(A) A 100-percent refund if preadmission fees were paid within six
months of either notice of closure required by this section.
(B) A 75-percent refund if preadmission fees were paid more than
six months, but not more than 12 months, before either notice
required by this section.
(C) A 50-percent refund if preadmission fees were paid more than
12 months, but not more than 18 months, before either notice required
by this section.
(D) A 25-percent refund if preadmission fees were paid more than
18 months, but not more than 25 months, before either notice required
by this section.
(2) A preadmission fee refund is not required if preadmission fees
were paid 25 months or more before either notice required by this
section.
(3) The preadmission fee refund required by this paragraph shall
be paid within 15 days of issuing either notice required by this
section. In lieu of the refund, the resident may request that the
licensee provide a credit toward the resident's monthly fee
obligation in an amount equal to the preadmission fee refund due.
(4) If a resident transfers from the facility due to the
revocation of a license, and the resident gives notice at least five
days before leaving the facility, or if the transfer is due to a
temporary suspension of the license order, the licensee shall refund
to the resident or his or her legal representative a proportional per
diem amount of any prepaid monthly fees at the time the resident
leaves the facility and the unit is vacated. Otherwise the licensee
shall pay the refund within seven days from the date that the
resident leaves the facility and the unit is vacated.
(g) Within 24 hours after each resident who is transferring
pursuant to these provisions has left the facility, the licensee that
had his or her license temporarily suspended or revoked shall, based
on information provided by the resident or the resident's
responsible person, submit a final list of names and new locations of
all residents to the department and the local ombudsman program.
(h) If at any point during or following a temporary suspension or
revocation order of a license the director determines that there is a
risk to the residents of a facility of physical or mental abuse,
abandonment, or any other substantial threat to health or safety, the
department shall take any necessary action to minimize trauma for
the residents, including, but not limited to, all of the following:
(1) Contact any local agency that may have placement or advocacy
responsibility for the residents and work with those agencies to
locate alternative placement sites.
(2) Contact the residents' relatives, legal representatives,
authorized agents in a health care directive, or responsible parties.
(3) Assist in the transfer of residents, and, if necessary,
arrange or coordinate transportation.
(4) Provide onsite evaluation of the residents and use any medical
personnel deemed appropriate by the department to provide onsite
evaluation of the residents and assist in any transfers.
(5) Arrange for or coordinate care and supervision.
(6) Arrange for the distribution of medications.
(7) Arrange for the preparation and service of meals and snacks.
(8) Arrange for the preparation of the residents' records and
medications for transfer of each resident.
(9) Assist in any way necessary to facilitate a safe transfer of
all residents.
(10) Check on the status of each transferred resident within 24
hours of transfer.
(i) The participation of the department and local agencies in the
relocation of residents from a residential care facility for the
elderly shall not relieve the licensee of any responsibility under
this section. A licensee that fails to comply with the requirements
of this section shall be required to reimburse the department and
local agencies for the cost of providing those services. If the
licensee fails to provide the services required in this section, the
department shall request that the Attorney General's office, the city
attorney's office, or the local district attorney's office seek
injunctive relief and damages.
(j) Notwithstanding Section 1569.49, a licensee who fails to
comply with the requirements of this section shall be liable for
civil penalties in the amount of five hundred dollars ($500) per
violation per day for each day that the licensee is in violation of
this section, until the violation has been corrected. The civil
penalties shall be issued immediately following the written notice of
violation.
(k) This section does not preclude the department from amending
the effective date in the order of suspension or revocation of a
license and closing the facility, or from pursuing any other
available remedies if necessary to protect the health and safety of
the residents in care.