reglab/statecodes huggingface dataset:
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 3 - Skilled Nursing Facilities › Article 4 - Optional Services › Section 72447 - Special Treatment Program Service Unit-Distinct Part

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A special treatment program service
				  distinct part means an identifiable and physically separate unit of a skilled
				  nursing facility or an entire skilled nursing facility which provides
				  therapeutic programs to an identified mentally disordered population group. The
				  distinct part shall be indicated on the facility license.
(b) A special treatment program means a
				  therapeutic program of services designed, staffed and implemented by the
				  special treatment program service for the purpose of meeting the special needs
				  of an identified population group.
1. Governor
					 Newsom issued Executive Order N-55-20 (2019 CA EO 55-20), dated April 22, 2020,
					 which suspended certain provisions related to the operation of treatment and
					 rehabilitation facilities that could restrict staffing flexibility, due to the
					 COVID-19 pandemic.
Note: Authority cited: Sections
						208(a)
						and
						1275,
						Health and Safety Code. Reference: Section
						1276,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 3 - Skilled Nursing Facilities › Article 4 - Optional Services › Section 72449 - Special Treatment Program Service Unit-Program Approval

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Annually the
				  facility shall submit to the Department of Health Care Services a written
				  description of its Special Treatment Program which shall meet all of the
				  requirements of Section
				  72461. The facility shall also
				  specify any alternate requirements needed to implement a special program, and
				  shall submit other documents requested by the Department of Health Care
				  Services.
(b) The facility shall
				  comply with all requirements of its approved Special Treatment Program and also
				  any approved, specific, alternate requirement which shall govern the operation
				  of the program notwithstanding the provisions of any other regulation contained
				  in this chapter.
1. Change
					 without regulatory effect amending subsection (a) and NOTE filed 6-10-2015
					 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register
					 2015,
					 No. 24).
2. Governor Newsom issued Executive Order N-55-20 (2019 CA
					 EO 55-20), dated April 22, 2020, which suspended certain provisions related to
					 the operation of treatment and rehabilitation facilities that could restrict
					 staffing flexibility, due to the COVID-19
					 pandemic.
Note: Authority cited: Sections
						20,
						208(a)
						and
						1275,
						Health and Safety Code; and Sections
						10725,
						14124.5
						and
						14700,
						Welfare and Institutions Code. Reference: Section
						1276,
						Health and Safety Code; and Sections
						5909
						and
						14700,
						Welfare and Institutions Code.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 3 - Skilled Nursing Facilities › Article 4 - Optional Services › Section 72451 - Special Treatment Program Service Unit-Program Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The facility
				  shall specify each population group that it plans to serve. The program shall
				  be developed to meet specific needs for that group. The program shall consist
				  of the following components:
(1) The
				  description of the population group to be served, shall include the following:
(A) Age range
(B) Sex
(C) Physical characteristics
(D) Emotional characteristics
(E) Number of patients to be served in each
				  population group
(F) Identification
				  of the particular needs within the population group
(G) A written program designed to meet the
				  identified needs of the population
(H) Method and frequency of evaluating
				  patient progress
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 3 - Skilled Nursing Facilities › Article 4 - Optional Services › Section 72453 - Special Treatment Program Service Unit-Rights of Patients

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each patient
				  admitted to a special treatment program in a skilled nursing facility shall
				  have the following rights, a list of which shall be prominently posted in
				  English and Spanish in all facilities providing such services. The rights shall
				  also be brought to the patient's attention by additional, appropriate means:
(1) To wear their own clothes; to keep and
				  use personal possessions including toilet articles; and to keep and be allowed
				  to spend a reasonable sum of their own money for small purchases.
(2) To have access to individual storage
				  space for private use.
(3) To see
				  visitors each day.
(4) To have
				  reasonable access to telephones, both to make and receive confidential
				  calls.
(5) To have ready access to
				  letter writing materials, including stamps and to mail and receive unopened
				  correspondence.
(6) To refuse shock
				  treatment.
(7) To refuse lobotomy
				  services.
(8) Other rights as
				  provided by law.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 3 - Skilled Nursing Facilities › Article 4 - Optional Services › Section 72455 - Special Treatment Program Service Unit-Abuse and Corporal Punishment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Patients shall not be subjected to verbal or physical abuse
					 of any kind. Corporal punishment of patients is prohibited. Patients shall not
					 discipline other patients.
1. Governor
					 Newsom issued Executive Order N-55-20 (2019 CA EO 55-20), dated April 22, 2020,
					 which suspended certain provisions related to the operation of treatment and
					 rehabilitation facilities that could restrict staffing flexibility, due to the
					 COVID-19 pandemic.
Note: Authority cited: Sections
						208(a)
						and
						1275,
						Health and Safety Code. Reference: Section
						1276,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 3 - Skilled Nursing Facilities › Article 4 - Optional Services › Section 72457 - Special Treatment Program Service Unit-Restraint and Seclusion

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Restraint and
				  seclusion shall only be used as emergency measures to protect the patient from
				  injury to self or to others. Restraint and seclusion shall not be used as
				  punishment or the convenience of the staff.
(1) Restraints may be used:
(A) For the protection of the patient during
				  treatment and diagnostic procedures, including but not limited to, intravenous
				  therapy, tube feeding and catheterization.
(B) To prevent infirm patients from falling
				  out of bed or chairs or otherwise injuring
				  themselves.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 3 - Skilled Nursing Facilities › Article 4 - Optional Services › Section 72459 - Special Treatment Program Service Unit-Acceptable Forms of Restraints

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Mechanical or
				  behavior restraints are defined as any apparatus that interferes with the free
				  movement of a patient.
(1) Physical restraint
				  means restraint to control an acutely disturbed person to prevent the person
				  from causing harm to self or others. The tying of hands or feet, whether or not
				  the person is restrained in a bed, chair or wheelchair, shall be considered a
				  physical restraint. A physical restraint shall not be confused with a postural
				  support as defined in Section
				  72319(k). Only
				  the following types of physical restraint may be used:
(A) Soft tie consisting of cloth which
				  prevents movements of a patient.
(B) Mittens without thumbs which are securely
				  fastened around the wrist with a small tie.
(C) Cloth vests consisting of sleeveless
				  cloth webbing.
(D) Belts and cuffs,
				  which are well padded, used to control a seriously disturbed, assaultive
				  patient.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 3 - Skilled Nursing Facilities › Article 4 - Optional Services › Section 72461 - Special Treatment Program Service Unit-Orders for Restraint and Seclusion

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Restraint and seclusion shall only be used on the signed order of a licensed
				  health care practitioner acting within the scope of his or her professional
				  licensure and shall be renewed every 24 hours. In a documented case of
				  emergency, which threatens to bring immediate injury to the patient or others,
				  a restraint may be applied, and a licensed health care practitioner acting
				  within the scope of his or her professional licensure shall give an order for
				  application of the restraint within one hour. A licensed health care
				  practitioner acting within the scope of his or her professional licensure may
				  give the order by telephone. In such an event, the licensed health care
				  practitioner shall sign the order within 5 days.
(b) A daily log shall be maintained in each
				  facility exercising behavior restraint and seclusion indicating the name of the
				  patient for whom behavior restraint or seclusion is ordered.
(c) Full documentation of the episode leading
				  to the behavior restraint or seclusion, the type of behavior restraint or
				  seclusion used, the length of time that the restraint or seclusion was applied
				  or utilized, and the name of the individual applying such measures shall be
				  entered in the patient's health record.
1. Amendment
					 of subsection (a) and NOTE filed 3-3-2010; operative 4-2-2010 (Register 2010,
					 No. 10).
2. Governor Newsom issued Executive Order N-55-20 (2019 CA
					 EO 55-20), dated April 22, 2020, which suspended certain provisions related to
					 the operation of treatment and rehabilitation facilities that could restrict
					 staffing flexibility, due to the COVID-19
					 pandemic.
Note: Authority cited: Sections
						1275,
						100275
						and
						131200,
						Health and Safety Code. Reference: Sections
						1276,
						1316.5,
						131050,
						131051
						and
						131052,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 3 - Skilled Nursing Facilities › Article 4 - Optional Services › Section 72463 - Special Treatment Program Service Unit-Restrictions on Applying Restraints and Utilizing Seclusion

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In applying physical restraints, each of
				  the following requirements shall be met in addition to those set forth in
				  Section 72319:
(1) Careful consideration shall be given to
				  the methods by which the restraints may be speedily removed in the event of
				  fire or other emergency.
(2)
				  Patients placed in restraint shall be observed by qualified treatment personnel
				  at least every half hour. This observation shall be noted and initialed in the
				  patient's health record following each observation.
(3) Each individual program plan authorizing
				  restraint shall specify the behavior to be modified, the method to be used, the
				  schedule for use of the method, the person responsible for the program and the
				  effectiveness of the modality in attaining stated objectives.
(4) Opportunity for motion and exercise shall
				  be provided for a period of not less than ten minutes during each two hours in
				  which restraint is applied. The exercise periods shall be documented in the
				  patient's record.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 3 - Skilled Nursing Facilities › Article 4 - Optional Services › Section 72465 - Special Treatment Program Service Unit - Staff

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A registered nurse, licensed vocational
				  nurse or psychiatric technician shall be employed at least 40 hours a week on
				  the day shift and be responsible for nursing supervision of the distinct part.
				  If the facility has a total licensed capacity of 59 beds or less the director
				  of nursing services may also be the charge nurse for the distinct
				  part.
(b) Nursing service charge
				  personnel on all shifts shall have at least one year of experience or training
				  related to the special treatment program services, or shall participate in
				  in-service provided by the facility.
(c) If the facility is devoted entirely to
				  the care of the mentally disordered, there shall be at least one registered
				  nurse or licensed vocational nurse on duty on all three shifts seven days per
				  week.
(d) A psychiatric technician
				  may:
(1) Serve as a charge nurse.
(2) Administer medications only in a special
				  treatment program.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 3 - Skilled Nursing Facilities › Article 4 - Optional Services › Section 72467 - Special Treatment Program Service Unit-Program Director

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The facility
				  shall have a program director who has been approved by the Department of Health
				  Care Services. The program director shall not be the director of nursing
				  services, charge nurse or facility administrator.
(b) The program director shall have at least
				  two years of experience or training in a mental health setting, one year of
				  which shall include experience or training in program development for mentally
				  disordered.
(c) The program
				  director shall ensure that the in-service education program is
				  provided.
(d) The program director
				  shall be one of the following:
(1) Licensed
				  vocational nurse.
(2) Art
				  therapist.
(3) Dance
				  therapist.
(4) Music
				  therapist.
(5) Occupational
				  therapist.
(6) Physician.
(7) Psychiatric technician.
(8) Licensed psychologist.
(9) Recreation therapist.
(10) Registered nurse.
(11) Social worker.
(12) Any other related discipline approved by
				  the Department of Health Care Services.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 3 - Skilled Nursing Facilities › Article 4 - Optional Services › Section 72469 - Special Treatment Program Service Unit-in-Service Education

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The facility
				  shall provide to all program staff an average of at least one hour per week of
				  ongoing, planned academic and on-the-job in-service education. The education
				  shall include, but not be limited to the following:
(1) Specific program techniques for the
				  mentally disordered.
(2) Setting
				  behavioral program objectives for patients.
(3) Evaluation and assessment procedures and
				  criteria.
(4) Noting and
				  documenting patient progress in the program.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 3 - Skilled Nursing Facilities › Article 4 - Optional Services › Section 72471 - Special Treatment Program Service Unit-Patient Health Records and Plans for Care

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  facility shall maintain an individual health record for each patient which
				  shall include but not be limited to the following:
(1) A list of the patient's care needs, based
				  upon an initial and continuing individual assessment with input as appropriate
				  from the health professionals involved in the care of the patient. Initial
				  assessments by a licensed nurse shall commence at the time of admission of the
				  patient and shall be completed within seven days after admission.
(2) The plan for meeting behavioral
				  objectives. The plan shall include but not be limited to the following:
(A) Resources to be used.
(B) Frequency of plan review and
				  updating.
(C) Persons responsible
				  for carrying out plans.
(3) Development and implementation of an
				  individual, written care plan based on identified patient care needs. The plan
				  shall indicate the care to be given, the objectives to be accomplished, and the
				  professional discipline responsible for each element of care. The objectives
				  shall be measurable, with time frames, and shall be reviewed and updated at
				  least every 90 days.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 3 - Skilled Nursing Facilities › Article 4 - Optional Services › Section 72473 - Special Treatment Program Service Unit-Equipment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
There shall be sufficient equipment, assistive devices and
					 supplies available to implement the treatment program ordered or indicated for
					 meeting the physical, mental, emotional or recreational needs of
					 patients.
1. Governor
					 Newsom issued Executive Order N-55-20 (2019 CA EO 55-20), dated April 22, 2020,
					 which suspended certain provisions related to the operation of treatment and
					 rehabilitation facilities that could restrict staffing flexibility, due to the
					 COVID-19 pandemic.
Note: Authority cited: Sections
						208(a)
						and
						1275,
						Health and Safety Code. Reference: Section
						1276,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 3 - Skilled Nursing Facilities › Article 4 - Optional Services › Section 72475 - Special Treatment Program Service Unit-Space

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The special treatment program service
				  shall have accommodations, including dining, recreational and program service
				  areas to meet the needs of the program.
(b) Indoor and outdoor areas shall be
				  designated for special treatment programs.
1. Governor
					 Newsom issued Executive Order N-55-20 (2019 CA EO 55-20), dated April 22, 2020,
					 which suspended certain provisions related to the operation of treatment and
					 rehabilitation facilities that could restrict staffing flexibility, due to the
					 COVID-19 pandemic.
Note: Authority cited: Sections
						208(a)
						and
						1275,
						Health and Safety Code. Reference: Section
						1276,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 3 - Skilled Nursing Facilities › Article 5 - Administration › Section 72501 - Licensee-General Duties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  licensee shall be responsible for compliance with licensing requirements and
				  for the organization, management, operation and control of the licensed
				  facility. The delegation of any authority by a licensee shall not diminish the
				  responsibilities of such licensee.
(b) The licensee, if an administrator, may
				  act as the administrator or shall appoint an administrator, to carry out the
				  policies of the licensee. A responsible adult who is knowledgeable in the
				  policies and procedures of the licensee shall be appointed, in writing, to
				  carry out the policies of the licensee in the absence of the administrator. If
				  the administrator is to be absent for more than 30 consecutive days, the
				  licensee shall appoint an acting administrator to carry out the day-to-day
				  functions of the facility.
(c) The
				  licensee shall delegate to the designated administrator, in writing, authority
				  to organize and carry out the day-to-day functions of the facility.
(d) Except where provided for in approved
				  continuing care agreements, or except when approved by the Department, no
				  facility owner, administrator, employee or representative thereof shall act as
				  guardian or conservator of a patient therein or of that patient's estate,
				  unless that patient is a relative within the second degree of
				  consanguinity.
(e) The licensee
				  shall employ an adequate number of qualified personnel to carry out all the
				  functions of the facility and shall provide for initial orientation of all new
				  employees, a continuing in-service training program and competent
				  supervision.
(f) If language or
				  communication barriers exist between skilled nursing facility staff and
				  patients, arrangements shall be made for interpreters or for the use of other
				  mechanisms to ensure adequate communication between patients and
				  personnel.
(g) The Department may
				  require the licensee to provide additional professional, administrative or
				  supportive personnel whenever the Department determines through a written
				  evaluation that additional personnel is needed to provide for the health and
				  safety of patients.
(h) The
				  licensee shall ensure that all employees serving patients or the public shall
				  wear name and title badges unless contraindicated.
Note: Authority cited: Sections
						208(a)
						and
						1275,
						Health and Safety Code. Reference: Section
						1276,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 3 - Skilled Nursing Facilities › Article 5 - Administration › Section 72503 - Consumer Information to be Posted

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The following consumer information shall
				  be conspicuously posted in a prominent location accessible to the public.
(1) Name, license number and date of
				  employment of the current administrator of the facility.
(2) A listing of all services and special
				  programs provided in the facility and those provided through written
				  contracts.
(3) The current and
				  following week's menus for regular and therapeutic diets.
(4) A notice that the facility's written
				  admission and discharge policies are available upon request.
(5) Most recent licensing visit report
				  supported by the related follow-up plan of correction visit reports.
(6) The names and addresses of all previous
				  owners of the facility.
(7) A
				  listing of all other skilled nursing and intermediate care facilities owned by
				  the same person, firm, partnership, association, corporation or parent or
				  subsidiary corporation, or a subsidiary of the parent corporation.
(8) A statement that an action to revoke the
				  facility's license is pending, if such an action has been initiated by the
				  filing of an accusation, pursuant to Section
				  11503 of
				  the Government Code, and the accusation has been served on the
				  licensee.
(9) A notice of the name,
				  address and telephone number of the District Office of the Licensing and
				  Certification Division, Department of Health Services, having jurisdiction over
				  the facility.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 3 - Skilled Nursing Facilities › Article 5 - Administration › Section 72505 - Fire Safety

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The licensee shall conform to the regulations adopted by
					 the State Fire Marshal establishing minimum standards for the prevention of
					 fire and for the protection of life and property against fire and panic. A copy
					 of the State Fire Marshal's current fire clearance shall be available in the
					 facility.
Note: Authority cited: Sections
						208(a)
						and
						1275,
						Health and Safety Code. Reference: Section
						1276,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 3 - Skilled Nursing Facilities › Article 5 - Administration › Section 72507 - Smoking

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Patients shall
				  not be permitted to smoke in or on the bed except when a facility staff member
				  or responsible adult is present in the room to ensure safety against fire
				  hazards.
(b) The facility shall
				  provide designated areas for smoking. Patients shall be permitted to smoke only
				  in designated areas. The designated area shall be under the periodic
				  observation of facility personnel or responsible adults. This does not preclude
				  the designation of the patient rooms as smoking areas.
(c) The facility shall provide a designated
				  area for nonsmoking patients. Such a designated area shall be identified by
				  prominently posted "No Smoking" signs.
(d) Smoking or open flames shall not be
				  permitted in any rooms or spaces where oxygen cylinders are stored or where
				  oxygen is in use. Such rooms or spaces shall be identified by prominently
				  posted "No Smoking" or "No Open Flame" signs.
(e) The facility shall make every reasonable
				  effort to assign patients to rooms according to the patient's individual
				  nonsmoking or smoking preferences.
Note: Authority cited: Sections
						208(a)
						and
						1275,
						Health and Safety Code. Reference: Sections
						1276,
						1286
						and
						25942,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 3 - Skilled Nursing Facilities › Article 5 - Administration › Section 72509 - Advertising

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) No skilled
				  nursing facility shall make or disseminate false or misleading statements or
				  advertise by any other manner or means any false or misleading claims regarding
				  facilities or services provided.
(b) No skilled nursing facility shall use the
				  words "Approved by the California Department of Health Services" or any other
				  words conveying the same idea in any advertising material.
(c) The term "rehabilitation" shall not be
				  used unless the facility has rehabilitation services which are approved by the
				  Department.
Note: Authority cited: Sections
						208(a)
						and
						1275,
						Health and Safety Code. Reference: Sections
						1256
						and
						1276,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 3 - Skilled Nursing Facilities › Article 5 - Administration › Section 72511 - Use of Outside Resources

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  If a facility does not employ qualified personnel to render a specific service
				  to be provided by the facility, there shall be arrangements through a written
				  agreement with outside resources which shall meet the standards and
				  requirements of these regulations.
(b) Copies of affiliation agreements,
				  contracts or written arrangements for advice, consultation, services, training
				  or transportation, with other facilities, organizations or individuals, public
				  or private agencies, shall be on file in the facility's administrative office.
				  These shall be readily available for inspection and review by the
				  Department.
(c) The affiliation
				  agreement, contracts and written arrangements shall include, but not be limited
				  to:
(1) Description of the services to be
				  provided.
(2) Financial
				  arrangements.
(3) Methods by which
				  the services are to be provided.
(4) Conditions upon which the agreement,
				  contract or written arrangement can be terminated.
(5) Time frame of the affiliation agreement,
				  contract or written arrangement.
(6) Effective date of affiliation agreement,
				  contract or written arrangement.
(7) Date affiliation agreement, contract or
				  written arrangement was signed.
(8)
				  Signatures of all parties to the written agreement.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 3 - Skilled Nursing Facilities › Article 5 - Administration › Section 72513 - Administrator

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each skilled
				  nursing facility shall employ or otherwise provide an administrator to carry
				  out the policies of the licensee. The administrator shall be responsible for
				  the administration and management of only one skilled nursing facility unless
				  all of the following conditions are met:
(1)
				  If other skilled nursing facilities for which the administrator is responsible
				  are in the same geographic area, and within one hour surface travel time of
				  each other, and are operated by the same governing body.
(2) The administrator shall not be
				  responsible for more than three facilities or a total of no more than 200
				  beds.
(3) The administrator shall
				  designate a responsible adult who is knowledgeable in the policies and
				  procedures of the licensee in each facility to be responsible for carrying out
				  the policies of the licensee in the administrator's
				  absence.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 3 - Skilled Nursing Facilities › Article 5 - Administration › Section 72515 - Admission of Patients

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The licensee shall:
(a) Admit a patient only on physician's
				  orders.
(b) Accept and retain only
				  those patients for whom it can provide adequate care.
1. Amendment
					 of NOTE filed 3-3-2010; operative 4-2-2010 (Register 2010, No.
					 10).
Note: Authority cited: Sections
						1275,
						100275
						and
						131200,
						Health and Safety Code. Reference: Sections
						1262.7,
						1276,
						1316.5,
						131050,
						131051
						and
						131052,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 3 - Skilled Nursing Facilities › Article 5 - Administration › Section 72516 - Standard Admission Agreement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The licensee shall use the California
				  Standard Admission Agreement for Skilled Nursing and Intermediate Care
				  Facilities, form number CDPH 327 (05/11), which is incorporated by reference
				  herein, as the sole contract of admission between residents and the
				  licensee.
(b) Except to enter
				  information specific to the facility or the resident in blank spaces provided
				  in the Standard Admission Agreement form or its attachments, the licensee shall
				  not alter the Standard Admission Agreement unless directed to do so by the
				  Department. A licensee wishing to receive direction from the Department that
				  would enable the licensee to alter the Standard Admission Agreement shall
				  submit a request to the Department. The request shall:
(1) Include the identity of the
				  facility;
(2) Identify the specific
				  language in the Standard Admission Agreement that the facility is unable to
				  employ; and/or,
(3) Identify the
				  specific location and language that is to be deleted, amended or appended to
				  the form; and,
(4) Contain
				  substantiating evidence identifying the reason that the use of the Standard
				  Admission Agreement without the requested modification would not be possible
				  because of some unique aspect of the facility's operation or would make it
				  highly likely that the use of the language will create a new cause of action
				  against the facility related to its compliance with existing statutory or
				  regulatory requirements governing the care provided to nursing facility
				  residents. The Department shall respond within 60 days of the receipt of the
				  request.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 3 - Skilled Nursing Facilities › Article 5 - Administration › Section 72517 - Staff Development

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Each facility shall have an ongoing educational program planned and conducted
				  for the development and improvement of necessary skills and knowledge for all
				  facility personnel. Each program shall include, but not be limited to:
(1) Problems and needs of the aged,
				  chronically ill, acutely ill and disabled patients.
(2) Prevention and control of
				  infections.
(3) Interpersonal
				  relationship and communication skills.
(4) Fire prevention and safety.
(5) Accident prevention and safety
				  measures.
(6) Confidentiality of
				  patient information.
(7)
				  Preservation of patient dignity, including provision for privacy.
(8) Patient rights and civil
				  rights.
(9) Signs and symptoms of
				  cardiopulmonary distress.
(10)
				  Choking prevention and intervention.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 3 - Skilled Nursing Facilities › Article 5 - Administration › Section 72519 - Patient Transfer

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  licensee shall maintain written transfer agreements with other nearby health
				  facilities to make the services of those facilities accessible and to
				  facilitate the transfer of patients. Complete and accurate patient information,
				  in sufficient detail to provide for continuity of care shall be transferred
				  with the patient at time of transfer.
(b) When a patient is transferred to another
				  facility, the following shall be entered in the patient health record:
(1) The date, time, condition of the patient
				  and a written statement of the reason for the transfer.
(2) Informed written or telephone
				  acknowledgement of the patient, patient's guardian or authorized representative
				  except in an emergency or as provided in Section
				  72527(a)(5).
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 3 - Skilled Nursing Facilities › Article 5 - Administration › Section 72520 - Bed Hold

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If a
				  patient of a skilled nursing facility is transferred to a general acute care
				  hospital as defined in Section
				  1250(a)
				  of the Health and Safety Code, the skilled nursing facility shall afford the
				  patient a bed hold of seven (7) days, which may be exercised by the patient or
				  the patient's representative.
(1) Upon
				  transfer to a general acute care hospital, the patient or the patient's
				  representative shall notify the skilled nursing facility within twenty-four
				  (24) hours after being informed of the right to have the bed held, if the
				  patient desires the bed hold.
(2)
				  Except as provided in Section
				  51535.1, Title 22, California
				  Administrative Code, any patient who exercises the bedhold option shall be
				  liable to pay reasonable charges, not to exceed the patient's daily rate for
				  care in the facility, for bed hold days.
(3) If the patient's attending physician
				  notifies the skilled nursing facility in writing that the patient's stay in the
				  general acute care hospital is expected to exceed seven (7) days, the skilled
				  nursing facility shall not be required to maintain the bed
				  hold.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 3 - Skilled Nursing Facilities › Article 5 - Administration › Section 72521 - Administrative Policies and Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Written administrative, management and
				  personnel policies shall be established and implemented to govern the
				  administration and management of the facility.
(b) All policies and procedures required by
				  these regulations shall be in writing and shall be carried out as written. They
				  shall be made available upon request to patients or their agents and to
				  employees and the public. Policies and procedures shall be reviewed at least
				  annually, revised as needed and approved in writing by the governing body or
				  licensee.
(c) Each facility shall
				  establish at least the following:
(1)
				  Personnel policies and procedures which shall include:
(A) Written job descriptions detailing
				  qualifications, duties and limitations of each classification of employee
				  available to all personnel.
(B)
				  Employee orientation to facility, job, patient population, policies, procedures
				  and staff.
(C) Staff
				  Development.
(D) Employee
				  benefits.
(E) Employee health and
				  grooming.
(F) Verification of
				  licensure, credentials and references.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 3 - Skilled Nursing Facilities › Article 5 - Administration › Section 72523 - Patient Care Policies and Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Written patient care policies and
				  procedures shall be established and implemented to ensure that patient related
				  goals and facility objectives are achieved.
(b) All policies and procedures required of
				  these regulations shall be in writing, made available upon request to
				  physicians and other involved health professionals, patients or their
				  representatives, employees and the public shall be carried out as written.
				  Policies and procedures shall be reviewed at least annually, revised as needed
				  and approved in writing by the patient care policy committee.
(c) Each facility shall establish and
				  implement policies and procedures, including but not limited to:
(1) Physician services policies and
				  procedures which include:
(A) Orientation of
				  new physicians to the facility and changes in physician services and/or
				  policies.
(B) Patient evaluation
				  visits by the attending physician and documentation of alternate schedules for
				  such visits.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 3 - Skilled Nursing Facilities › Article 5 - Administration › Section 72525 - Required Committees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Each facility shall have at least the following committees: patient care
				  policy, infection control and pharmaceutical service.
(b) Minutes of every committee meeting shall
				  be maintained in the facility and indicate names of members present, date,
				  length of meeting, subject matter discussed and action taken.
(c) Committee composition and function shall
				  be as follows:
(1) Patient care policy
				  committee.
(A) A patient care policy
				  committee shall establish policies governing the following services: physician,
				  dental, nursing, dietetic, pharmaceutical, health records, housekeeping,
				  activity programs and such additional services as are provided by the
				  facility.
(B) The committee shall
				  be composed of: at least one physician, the administrator, the director of
				  nursing service, a pharmacist, the activity leader and representatives of each
				  required service as appropriate.
(C) The committee shall meet at least
				  annually.
(D) The patient care
				  policy committee shall have the responsibility for reviewing and approving all
				  policies relating to patient care. Based on reports received from the facility
				  administrator, the committee shall review the effectiveness of policy
				  implementation and shall make recommendations for the improvement of patient
				  care.
(E) The committee shall
				  review patient care policies annually and revise as necessary. Minutes shall
				  list policies reviewed.
(F) The
				  patient care policy committee shall implement the provisions of the Health and
				  Safety Code, Sections
				  1315,
				  1316
				  and
				  1316.5,
				  by means of written policies and procedures.
(G) Only a licensed health care practitioner
				  acting within the scope of his or her professional licensure shall assume
				  overall care of patients.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 3 - Skilled Nursing Facilities › Article 5 - Administration › Section 72528 - Informed Consent Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  It is the responsibility of the attending licensed healthcare practitioner
				  acting within the scope of his or her professional licensure to determine what
				  information a reasonable person in the patient's condition and circumstances
				  would consider material to a decision to accept or refuse a proposed treatment
				  or procedure. Information that is commonly appreciated need not be disclosed.
				  The disclosure of the material information and obtaining informed consent shall
				  be the responsibility of the licensed healthcare practitioner who, acting
				  within the scope of his or her professional licensure, performs or orders the
				  procedure or treatment for which informed consent is required.
(b) The information material to a decision
				  concerning the administration of a psychotherapeutic drug or physical
				  restraint, or the prolonged use of a device that may lead to the inability of
				  the patient to regain use of a normal bodily function shall include at least
				  the following:
(1) The reason for the
				  treatment and the nature and seriousness of the patient's illness.
(2) The nature of the procedures to be used
				  in the proposed treatment including their probable frequency and
				  duration.
(3) The probable degree
				  and duration (temporary or permanent) of improvement or remission, expected
				  with or without such treatment.
(4)
				  The nature, degree, duration and probability of the side effects and
				  significant risks, commonly known by the health professions.
(5) The reasonable alternative treatments and
				  risks, and why the health professional is recommending this particular
				  treatment.
(6) That the patient has
				  the right to accept or refuse the proposed treatment, and if he or she
				  consents, has the right to revoke his or her consent for any reason at any
				  time.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 3 - Skilled Nursing Facilities › Article 5 - Administration › Section 72531 - Liability for Rent and Return of Rental Advance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) This section shall apply to all rental
				  agreements executed on or after January 1, 1982.
(b) Whenever accommodations in a skilled
				  nursing facility are rented by or for a patient on a month to month basis, the
				  renter or his heir, legatee or personal representative shall not be liable for
				  any rent due under the rental agreement for accommodations beyond the date on
				  which the patient died.
(c) Any
				  advance of rent by the renter shall be returned to the heir, legatee or
				  personal representative of the patient no later than two weeks after discharge
				  or death of the patient.
(d) The
				  rights described in (b) and (c) above shall not be modified or waived in the
				  rental agreement.
Note: Authority cited: Sections
						208(a)
						and
						1275,
						Health and Safety Code. Reference: Section
						1934.5, Civil
						Code; and Section
						1276,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 3 - Skilled Nursing Facilities › Article 5 - Administration › Section 72533 - Employee Personnel Records

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each facility shall maintain current
				  complete and accurate personnel records for all employees.
(1) The record shall include:
(A) Full name.
(B) Social Security number.
(C) Professional license or registration
				  number, if applicable.
(D)
				  Employment classification.
(E)
				  Information as to past employment and qualifications.
(F) Date of beginning employment.
(G) Date of termination of
				  employment.
(H) Documented evidence
				  of orientation to the facility.
(I)
				  Performance evaluations.