Section 1793.90 Of Article 10. Temporary Relocation Of Residents From California Health And Safety Code >> Division 2. >> Chapter 10. >> Article 10.
1793.90
. (a) All providers shall include in resident contracts the
procedures to be followed to ensure that residential temporary
relocations provide comparable levels of care, services, and living
accommodations as described in the resident's contract.
(b) The provider shall notify the resident of the impending
relocation at least 60 days in advance of the relocation.
(c) The provider shall meet with the resident and, at the resident'
s request, family members or other individuals, at least 30 days in
advance of the transfer to discuss all aspects of the transfer,
including, but not limited to, the rights, requirements, and
procedures set forth in this article. Notice of this meeting shall be
provided in writing and at least seven days in advance of the
meeting and shall include all of the following information:
(1) The date of the transfer.
(2) The available replacement unit or units and monthly fees.
(3) The time when the resident will be able to inspect the
replacement unit or units.
(4) The estimated date when the resident will be able to return to
his or her unit or may move to a substitute permanent unit.
(d) If accommodations are not available at a continuing care
retirement community operated by the provider within a 30-mile
radius, the provider shall be required to provide a unit in a
facility, agreed to by the resident, that most closely provides the
services, size, features, and amenities provided in the unit being
vacated.
(e) The provider shall be required to arrange and pay for all
moving costs to the new facility and moving costs to the
reconstructed facility, if the resident returns, as well as storage
costs.
(f) The resident shall only be required to pay to the provider the
monthly fee required in the resident's contract, or the monthly fee
in the new facility, whichever is less. The provider shall be
required to make payment to the facility to which the resident is
relocated.
(g) Upon request by the resident or the resident's representative,
the provider shall make available the services of a licensed medical
or geriatric professional to advise the resident, the resident's
representative, and the provider regarding the relocation of the
resident. The provider may place a reasonable limit on the cost of
the services of the medical or geriatric professional.
(h) The provider shall identify unique service and care needs, if
applicable, for a resident directly affected by the residential
temporary relocation. The unique services and care needs identified
shall be in writing and shall become a part of the resident's plan of
care.