Section 1569.73 Of Article 7. Levels Of Care From California Health And Safety Code >> Division 2. >> Chapter 3.2. >> Article 7.
1569.73
. (a) Notwithstanding Section 1569.72 or any other provision
of law, a residential care facility for the elderly may obtain a
waiver from the department for the purpose of allowing a resident who
has been diagnosed as terminally ill by his or her physician and
surgeon to remain in the facility, or allowing a person who has been
diagnosed as terminally ill by his or her physician and surgeon to
become a resident of the facility if that person is already receiving
hospice services and would continue to receive hospice services
without disruption if he or she became a resident, when all the
following conditions are met:
(1) The facility agrees to retain the terminally ill resident, or
accept as a resident the terminally ill person, and to seek a waiver
on behalf of the individual, provided the individual has requested
the waiver and is capable of deciding to obtain hospice services.
(2) The terminally ill resident, or the terminally ill person to
be accepted as a resident, has obtained the services of a hospice
certified in accordance with federal medicare conditions of
participation and licensed pursuant to Chapter 8 (commencing with
Section 1725) or Chapter 8.5 (commencing with Section 1745).
(3) The facility, in the judgment of the department, has the
ability to provide care and supervision appropriate to meet the needs
of the terminally ill resident or the terminally ill person to be
accepted as a resident, and is in substantial compliance with
regulations governing the operation of residential care facilities
for the elderly.
(4) The hospice has agreed to design and provide for care,
services, and necessary medical intervention related to the terminal
illness as necessary to supplement the care and supervision provided
by the facility.
(5) An agreement has been executed between the facility and the
hospice regarding the care plan for the terminally ill resident or
terminally ill person to be accepted as a resident. The care plan
shall designate the primary caregiver, identify other caregivers, and
outline the tasks the facility is responsible for performing and the
approximate frequency with which they shall be performed. The care
plan shall specifically limit the facility's role for care and
supervision to those tasks allowed under this chapter.
(6) The facility has obtained the agreement of those residents who
share the same room with the terminally ill resident, or any
resident who will share a room with the terminally ill person to be
accepted as a resident, to allow the hospice caregivers into their
residence.
(b) At any time that the licensed hospice, the facility, or the
terminally ill resident determines that the resident's condition has
changed so that continued residence in the facility will pose a
threat to the health and safety to the terminally ill resident or any
other resident, the facility may initiate procedures for a transfer.
(c) A facility that has obtained a hospice waiver from the
department pursuant to this section need not call emergency response
services at the time of a life-threatening emergency if the hospice
agency is notified instead and all of the following conditions are
met:
(1) The resident is receiving hospice services from a licensed
hospice agency.
(2) The resident has completed an advance directive, as defined in
Section 4605 of the Probate Code, requesting to forego resuscitative
measures.
(3) The facility has documented that facility staff have received
training from the hospice agency on the expected course of the
resident's illness and the symptoms of impending death.
(d) Nothing in this section is intended to expand the scope of
care and supervision for a residential care facility for the elderly
as defined in this act, nor shall a facility be required to alter or
extend its license in order to retain a terminally ill resident or
allow a terminally ill person to become a resident of the facility as
authorized by this section.
(e) Nothing in this section shall require any care or supervision
to be provided by the residential care facility for the elderly
beyond that which is permitted in this chapter.
(f) Nothing in this section is intended to expand the scope of
life care contracts or the contractual obligation of continuing care
retirement communities as defined in Section 1771.
(g) The department shall not be responsible for the evaluation of
medical services provided to the resident by the hospice and shall
have no liability for the independent acts of the hospice.
(h) Nothing in this section shall be construed to relieve a
licensed residential care facility for the elderly of its
responsibility to notify the appropriate fire authority of the
presence of a bedridden resident in the facility as required under
subdivision (f) of Section 1569.72, and to obtain and maintain a fire
clearance as required under Section 1569.149.