Section 1569.54 Of Article 5. Suspension And Revocation From California Health And Safety Code >> Division 2. >> Chapter 3.2. >> Article 5.
1569.54
. (a) (1) When the department does not suspend the license
of a residential care facility for the elderly pursuant to this
article, the department may still 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.
(2) Where 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) Where the department alleges 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, 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 by an
interdisciplinary team as provided for in Section 1569.34. The
resident, or his or her legal representative, shall have three
working days to inform the licensee of the request for review. Upon
receiving a request from a resident, or his or her legal
representative, for a review and determination, 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 for
review and determination to the department may be subject to the
civil penalties specified in Section 1569.49.
(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
attempts to minimize transfer trauma for the resident.
The department may require the licensee to prepare and submit to
the licensing agency a written plan for relocation, to comply with
the terms and conditions of the approved plans 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 for 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.
The department shall specify in regulations the process provided
for pursuant to this section for making relocation decisions and for
appealing and reviewing these decisions.