Section 1599.61 Of Chapter 3.93. Admission Contracts For Long-term Health Care Facilities From California Health And Safety Code >> Division 2. >> Chapter 3.93.
1599.61
. (a) By January 1, 2000, all skilled nursing facilities, as
defined in subdivision (c) of Section 1250, intermediate care
facilities, as defined in subdivision (d) of Section 1250, and
nursing facilities, as defined in subdivision (k) of Section 1250,
shall use a standard admission agreement developed and adopted by the
department. This standard agreement shall comply with all applicable
state and federal laws.
(b) (1) No facility shall alter the standard agreement unless so
directed by the department.
(2) The department may develop an abbreviated admission agreement
for patients whose length of stay is anticipated to be 14 days or
less. This abbreviated agreement may be developed to coordinate with
the standard admission agreement. If the patient's stay exceeds 14
days, the nursing facility shall obtain agreement to the remainder of
the standard admission agreement.
(3) Nothing in this section shall prevent a skilled nursing
facility, an intermediate care facility, or a nursing facility from
distributing written explanations of facility-specific rules and
procedures, provided that the written explanations are not included
or incorporated in, or attached to the standard admission agreement,
nor signed by the resident or his or her representative.
(c) Subdivisions (a) and (b) shall apply to all new admissions to
skilled nursing facilities, intermediate care facilities, and nursing
facilities that occur after December 31, 1999.
(d) By January 1, 2000, the department shall consolidate and
develop one comprehensive Patients' Bill of Rights that includes the
provisions contained in Chapter 3.9 (commencing with Section 1599),
the regulatory resident rights for skilled nursing facilities under
Section 72527 of Title 22 of the California Code of Regulations, the
regulatory resident rights for intermediate care facilities under
Section 73523 of Title 22 of the California Code of Regulations, and
the rights afforded residents under Section 483.10 et seq. of Title
42 of the Code of Federal Regulations.
This comprehensive Patients' Bill of Rights shall be a mandatory
attachment to all skilled nursing facility, intermediate care
facility, and nursing facility contracts as specified in Section
1599.74 of this chapter.
(e) By January 1, 2000, the department shall ensure the
translation of the Patients' Bill of Rights described in subdivision
(d) into Spanish, Chinese, and other languages as needed to provide
copies of the Patients' Bill of Rights to members of any ethnic group
that represents at least 1 percent of the state's skilled nursing
facility, intermediate care facility, and nursing facility
population.
(f) Translated copies of the Patients' Bill of Rights shall be
made available to all long-term health care facilities in the state,
including skilled nursing facilities, intermediate care facilities,
and nursing facilities. It shall be the responsibility of the
long-term health care facilities to duplicate and distribute the
translated versions of the Patients' Bill of Rights with admissions
agreements, when appropriate.
(g) Nothing in this section is intended to change existing
statutory or regulatory requirements governing the care provided to
nursing facility residents. Similarly, nothing in this section is
intended to create a new cause of action against a skilled nursing
facility, an intermediate care facility, or a nursing facility as
defined in Section 1250, related to its compliance with those
existing statutory or regulatory requirements governing the care
provided to nursing facility residents.