来自 Title 22 第6分部第8章「第4条:运营要求」的 42 条重点内容中文说明。如需可搜索、可收藏的版本,请使用互动学习指南。
法规原文(英文)
(a) All facilities shall maintain a fire clearance approved by the city, county, or city and county fire department or district providing fire protection services, or the State Fire Marshal. Prior to accepting or retaining any of the following types of persons, the applicant or licensee shall notify the licensing agency and obtain an appropriate fire clearance approved by the city, county, or city and county fire department or district providing fire protection services, or the State Fire Marshal: (1) Nonambulatory persons. (2) Bedridden personsPart 1, Page 50
法规原文(英文)
All facilities shall be maintained in conformity with the regulations adopted by the State Fire Marshal for the protection of life and property against fire and panic.Part 1, Page 50.1
法规原文(英文)
(a) A licensee shall not operate a facility beyond the conditions and limitations specified on the license, including specification of the maximum number of persons who may receive services at any one time. An exception may be made in the case of catastrophic emergency when the licensing agency may make temporary exceptions to the approved capacity.Part 1, Page 50.1
(b) Resident rooms approved for 24-hour care of ambulatory residents only shall not accommodate nonambulatory residents. Residents whose condition becomes nonambulatory shall not remain in rooms restricted to ambulatory residents.Part 1, Page 50.1
法规原文(英文)
(a) The licensee, whether an individual or other entity, shall exercise general supervision over the affairs of the licensed facility and establish policies concerning its operation in conformance with these regulations and the welfare of the individuals it serves.Part 1, Page 51
(b) If the licensee is a corporation or an association, the governing body shall be active, and functioning in order to assure accountability.Part 1, Page 51
法规原文(英文)
(a) In accordance with Health and Safety Code sections 1569.68 and 1569.681, licensees shall reveal each facility license number in all public advertisements, including Internet, or correspondence.Part 1, Page 51
(a) Each residential care facility for the elderly licensed under this chapter shall reveal its license number in all advertisements, publications, or announcements made with the intent to attract clients or residents.Part 1, Page 51
法规原文(英文)
No licensee, officer or employee of a licensee shall make or disseminate any false or misleading statement regarding the facility or any of the services provided by the facility.Part 1, Page 52
法规原文(英文)
(a) The licensee shall have and maintain a current, written definitive plan of operation for the facility. The licensee shall operate the facility in accordance with the terms specified in the plan of operation and may be cited for not doing so pursuant to Health and Safety Code section 1569.49. The plan and related materials shall be on file in the facility and shall be submitted to the licensing agency with the license application. Any significant changes in the plan of operation which would affect the services to residents shall be submitted to the licensing agency for approval. The plan and related materials shall contain the following:Part 1, Page 53
(1) Statement of purposes and program goals.Part 1, Page 53
(2) A copy of the Admission Agreement, containing basic and optional services.Part 1, Page 53
(3) Statement of admission policies and procedures regarding acceptance of persons for services.Part 1, Page 53
(4) Administrative organization.Part 1, Page 53
(5) Staffing plan, qualifications and duties.Part 1, Page 53
(6) Plan for training staff, as required by Health and Safety Code sections 1569.625, 1569.626, and 1569.69 and as specified in Section 87411, Personnel Requirements–General and Section 87705, Care of Persons with Dementia.Part 1, Page 53
法规原文(英文)
(7) Sketches, showing dimensions, of the following: (A) Building(s) to be occupied, including a floor plan that describes the capacities of the buildings for the uses intended and a designation of the rooms to be used for nonambulatory residents and for bedridden residents, other than for a temporary illness or recovery from surgery as specified in Section 87606(d) and (e). (B) The grounds showing buildings, driveways, fences, storage areas, pools, gardens, recreation area and other space used by the residents.Part 1, Page 53
(8) Transportation arrangements for persons served who do not have independent arrangements.Part 1, Page 53
(9) A statement whether or not the applicant will handle residents' money or valuables. If money or valuables will be handled, the method for safeguarding pursuant to Sections 87215, Commingling of Money, 87216, Bonding and 87217, Safeguards for Resident Cash, Personal Property, and Valuables.Part 1, Page 53
(10) A statement of the licensee's policy concerning family visits and other communication with residents, as specified in Health and Safety Code section 1569.313.Part 1, Page 53
Health and Safety Code section 1569.313 provides in part: "The facility's policy concerning family visits and communication shall be designed to encourage regular family involvement with the resident client and shall provide ample opportunities for family participation in activities at the facility."Part 1, Page 54
法规原文(英文)
(11) A description of the ways in which the licensee will address resident behavioral expression as defined in Section 87101, Definitions, including resident assessments, care practices, and safety measures.Part 1, Page 54
(12) The Infection Control Plan pursuant to Section 87470.Part 1, Page 54
(b) A licensee who advertises or promotes dementia special care, programming or environments shall include additional information in the plan of operation as specified in Section 87706, Advertising Dementia Special Care, Programming, and Environments.Part 1, Page 54
(c) A licensee who accepts or retains bedridden persons shall include additional information in the plan of operation as specified in Section 87606, Care of Bedridden Residents.Part 1, Page 54
法规原文(英文)
(a) The use of alternate concepts, programs, services, procedures, techniques, equipment, space, personnel qualifications or staffing ratios, or the conduct of experimental or demonstration projects shall not be prohibited by these regulations provided that:Part 1, Page 54
(1) Such alternatives shall be carried out with provisions for safe and adequate services.Part 1, Page 54
(2) A written request for a waiver or exception and substantiating evidence supporting the request shall be submitted in advance to the licensing agency by the applicant or licensee.Part 1, Page 54
法规原文(英文)
(1) A written report shall be submitted to the licensing agency and to the person responsible for the resident within seven days of the occurrence of any of the events specified in (A) through (D) below. This report shall include the resident's name, age, sex and date of admission; date and nature of event; attending physician's name, findings, and treatment, if any; and disposition of the case.Part 1, Page 55
(A) Death of any resident from any cause regardless of where the death occurred, including but not limited to a day program, a hospital, en route to or from a hospital, or visiting away from the facility.Part 1, Page 55
(B) Any serious injury as determined by the attending physician and occurring while the resident is under facility supervision.Part 1, Page 55
(C) The use of an Automated External Defibrillator.Part 1, Page 55
(D) Any incident which threatens the welfare, safety or health of any resident, such as psychological abuse of a resident by staff or other residents, or unexplained absence of any resident.Part 1, Page 55
法规原文(英文)
(2) Occurrences, such as epidemic outbreaks, poisonings, catastrophes or major accidents which threaten the welfare, safety or health of residents, personnel or visitors, shall be reported within 24 hours either by telephone or facsimile to the licensing agency and to the local health officer when appropriate.Part 1, Page 55
(3) Fires or explosions which occur in or on the premises shall be reported immediately to the local fire authority; in areas not having organized fire services, within 24 hours to the State Fire Marshal; and no later than the next working day to the licensing agency.Part 1, Page 55
法规原文(英文)
(b) Any suspected physical abuse that results in serious bodily injury of an elder or dependent adult shall be reported to the local ombudsman, the corresponding licensing agency, and the local law enforcement agency within two (2) hours as required by Welfare and Institutions Code Section 15630(b)(1).Part 1, Page 56
法规原文(英文)
(c) Any suspected physical abuse that does not result in serious bodily injury of an elder or dependent adult shall be reported to the local ombudsman, the corresponding licensing agency, and the local law enforcement agency within twenty-four (24) hours as required by Welfare and Institutions Code Section 15630(b)(1).Part 1, Page 56.1
法规原文(英文)
(d) The licensee shall notify the Department, the State Long-Term Care Ombudsman, all residents, and, if applicable, their representatives, in writing within two business days of any of the following specified events, or knowledge thereof:Part 1, Page 56.1
(1) A notice of default, notice of trustee's sale, or any other indication of foreclosure is issued on the property.Part 1, Page 56.1
(2) An unlawful detainer action is initiated against the licensee.Part 1, Page 56.1
法规原文(英文)
(3) The licensee files for bankruptcy.Part 1, Page 56.2
(4) The licensee receives a written notice of default of payment of rent described in Section 1161 of the Code of Civil Procedure.Part 1, Page 56.2
(5) A utility company has sent a notice of intent to terminate electricity, gas, or water service on the property within not more than 15 days of the notice.Part 1, Page 56.2
法规原文(英文)
(g) The licensee shall notify the Department, in writing, within thirty (30) days of the hiring of a new administrator. The notification shall include the following: (1) Name and residence and mailing addresses of the new administrator. (2) Date he/she assumed his/her position. (3) Description of his/her background and qualifications, including documentation of required education and administrator certification.Part 1, Page 56.2
法规原文(英文)
(h) Any change in the chief corporate officer of an organization, corporation or association shall be reported to the licensing agency in writing within fifteen (15) working days following such change. Such notification shall include the name, address and the fingerprint card of the new chief executive officer, as required by Section 87355, Criminal Record Clearance.Part 1, Page 56.3
法规原文(英文)
(a) Each facility shall have a disaster and mass casualty plan of action. The plan shall be in writing and shall be readily available.Part 1, Page 56.3
法规原文(英文)
The licensee shall have a financial plan that conforms to the requirements of Section 87155, Application for License, and that assures sufficient resources to meet operating costs for care of residents; shall maintain adequate financial records; and shall submit such financial reports as may be required upon the written request of the licensing agency. Such request shall explain the need for disclosure. The licensing agency reserves the right to reject any financial report and to request additional information or examination, including interim financial statements.Part 1, Page 57
法规原文(英文)
Money and valuables of residents entrusted to the licensee of one community care facility licensed under a particular license number shall not be commingled with those of another residential care facility for the elderly of a different license number, regardless of joint ownership.Part 1, Page 57
法规原文(英文)
(a) Each licensee, other than a county, who is entrusted to safeguard resident cash resources, shall file or have on file with the licensing agency a copy of a bond issued by a surety company to the State of California as principal.Part 1, Page 58
(b) Whenever the licensing agency determines that the amount of the bond is insufficient to adequately protect the money of residents, or whenever the amount of any bond is impaired by any recovery against the bond, the licensing agency may require the licensee to file an additional bond in such amount as the licensing agency determines to be necessary to adequately protect the residents' money.Part 1, Page 58
(c) Each application for a license or renewal of license shall be accompanied by an affidavit on a form provided by the licensing agency. The affidavit shall state whether the applicant/licensee will be entrusted/is entrusted to safeguard or control cash resources of persons and the maximum amount of money to be handled for all persons in any month.Part 1, Page 58
(d) No licensee shall either handle money of a resident or handle amounts greater than those stated in the affidavit submitted by him or for which his bond is on file without first notifying the licensing agency and filing a new or revised bond as required by the licensing agency.Part 1, Page 58
法规原文(英文)
(a) A licensee shall not be required to handle residents' cash resources. However, if a resident incapable of handling his own cash resources, as documented by the initial or subsequent appraisal, is accepted for care, his cash resource shall be safeguarded in accordance with the regulations in this section.Part 1, Page 59
法规原文(英文)
(d) Except as provided in approved continuing care agreements, no licensee or employee of a facility shall:Part 1, Page 59
(1) accept appointment as a guardian or conservator of the person and/or estate of any resident;Part 1, Page 59
(2) accept any general or special power of attorney for any such person;Part 1, Page 59
(3) become substitute payee for any payments made to any persons; (A) This requirement does not apply to a licensee who is appointed by the Social Security Administration as representative payee for the resident.Part 1, Page 59
(4) become the joint tenant on any account specified in Section 87217(h) with a resident.Part 1, Page 59
法规原文(英文)
(e) Cash resources and valuables of residents which are handled by the licensee for safekeeping shall not be commingled with or used as the facility funds or petty cash, and shall be separate, intact and free from any liability the licensee incurs in the use of his own or the facility's funds and valuables. This does not prohibit the licensee from providing advances or loans to residents from facility money.Part 1, Page 59
(f) No licensee or employee of a facility shall make expenditures from residents' cash resources for any basic service specified in this Chapter, or for any basic services identified in a contract/admission agreement between the resident and facility. (1) This requirement does not apply to a licensee who is appointed by the Social Security Administration as representative payee for the resident.Part 1, Page 59
法规原文(英文)
(g) Each licensee shall maintain adequate safeguards and accurate records of cash resources and valuables entrusted to his care, including, but not limited to the following:Part 1, Page 60
(1) Records of residents' cash resources maintained as a drawing account shall include a ledger accounting (columns for income, disbursements and balance) for each resident, and supporting receipts filed in chronological order. Each accounting shall be kept current.Part 1, Page 60
(A) An acceptable receipt where cash is provided to residents from their respective accounts, includes: the resident's signature or mark, or responsible party's full signature, and a statement acknowledging receipt of the amount and date received. An acceptable form of receipt would include: "(full signature of resident) accepts (dollar amount) (amount written in cursive), this date (date), from (payor)".Part 1, Page 60
法规原文(英文)
(i) Upon discharge of a resident, all cash resources, personal property and valuables of that resident which have been entrusted to the licensee shall be surrendered to the resident, or his responsible person. A signed receipt shall be obtained.Part 1, Page 61
法规原文(英文)
(m) All monetary gifts, and any gift exceeding an estimated value of $100, which are given to a licensee by or on behalf of a resident shall be recorded. The record shall be attached to the account specified in (f) above. This shall not include monetary gifts or valuables given by the friends or relatives of a deceased resident.Part 1, Page 61
法规原文(英文)
(a) The licensee shall ensure an adequate theft and loss program as specified in Health and Safety Code section 1569.153.Part 1, Page 62
(1) The initial personal property inventory shall be completed by the licensee, and the resident, or the resident's representative.Part 1, Page 62
(2) A licensee who fails to make reasonable efforts to safeguard resident property, shall reimburse a resident for or replace stolen or lost resident property at its current value. The licensee shall be presumed to have made reasonable efforts to safeguard resident property if there is clear and convincing evidence of efforts to meet each requirement specified in section 1569.153.Part 1, Page 62
法规原文(英文)
(c) Documentation of lost and stolen resident property with a value of twenty-five dollars ($25) or more within 72 hours of the discovery of the loss or theft and, upon request, the documented theft and loss record for the past 12 months shall be made available to the State Department of Social Services, law enforcement agencies and to the office of the State Long-Term Care Ombudsman in response to a specific complaint.Part 1, Page 62
(d) A written resident personal property inventory is established upon admission and retained during the resident's stay in the residential care facility for the elderly. Inventories shall be written in ink, witnessed by the facility and the resident or resident's representative, and dated. A copy of the written inventory shall be provided to the resident or the person acting on the resident's behalf.Part 1, Page 63
(e) Inventory and surrender of the resident's personal effects and valuables upon discharge to the resident or authorized representative in exchange for a signed receipt.Part 1, Page 63
(f) Inventory and surrender of personal effects and valuables following the death of a resident to the authorized representative in exchange for a signed receipt. Immediate written notice to the public administrator of the county upon the death of a resident whose heirs are unable or unwilling to claim the property as specified in Chapter 20 (commencing with Section 1140) of Division 3 of the Probate Code.Part 1, Page 63
(g) Documentation, at least semiannually, of the facility's efforts to control theft and loss, including the review of theft and loss documentation and investigative procedures and results of the investigation by the administrator and, when feasible, the resident council.Part 1, Page 63
(h) Establishment of a method of marking, to the extent feasible, personal property items for identification purposes upon admission and, as added to the property inventory list, including engraving of dentures and tagging of other prosthetic devices.Part 1, Page 63
法规原文(英文)
(i) Reports to the local law enforcement agency within 36 hours when the administrator of the facility has reason to believe resident property with a then current value of one hundred dollars ($100) or more has been stolen. Copies of those reports for the preceding 12 months shall be made available to the State Department of Social Services and law enforcement agencies.Part 1, Page 64
法规原文(英文)
(a) Residents shall be encouraged to maintain and develop their quality of life through participation in a variety of planned activities. The activities made available shall include:Part 1, Page 65
(1) Socialization to promote or enhance personal relationships. Activities may include, but are not limited, to: (A) Group discussion and conversation. (B) Reminiscence activities, such as looking at photos, letters, or greeting cards. (C) Cultural and/or religious activities, such as holiday celebrations and cultural traditions. (D) Other social activities such as arts, crafts, games, gardening, pet care, and other recreational activities promoting social interaction.Part 1, Page 65
法规原文(英文)
(2) Daily living skills/activities which foster and maintain independent functioning.Part 1, Page 65
(3) Cognitive and mental stimulation activities such as reading, writing, movies, crossword puzzles, board and card games, and using the computer.Part 1, Page 65
(4) Sensory stimulation, such as music therapy and aromatherapy, or tactile activities, such as pet therapy.Part 1, Page 65
(5) Leisure time activities cultivating personal interests and pursuits, and encouraging leisure-time activities with other residents.Part 1, Page 65
(6) Physical activities that maintain physical health including games, sports, exercises, and other similar activities that promote balance, strength, coordination, flexibility, and range of motion.Part 1, Page 65
(7) Education, achieved through special classes or activities.Part 1, Page 65
(8) Provision for free time so residents may engage in activities of their own choosing.Part 1, Page 65
法规原文(英文)
(d) In facilities licensed for seven (7) or more persons, notices of planned activities shall be posted in a central location readily accessible to residents, relatives, and representatives of placement and referral agencies. Copies shall be retained for at least six (6) months.Part 1, Page 66
(e) In facilities licensed for sixteen (16) to forty-nine (49) persons, one staff member, designated by the administrator, shall have primary responsibility for the organization, conduct and evaluation of planned activities. This person shall have had at least six (6) months experience in providing planned activities or have completed or be enrolled in an appropriate education or training program.Part 1, Page 66
(f) In facilities licensed for fifty (50) persons or more, one staff member shall have full-time responsibility to organize, conduct and evaluate planned activities, and shall be given such staff assistance as necessary in order for all residents to participate in accordance with their interests and abilities. The program of activities shall be written, planned in advance, kept up-to-date, and made available to all residents. The responsible employee shall have had at least one year of experience in conducting group activities and be knowledgeable in evaluating resident needs, supervising other employees, and in training volunteers.Part 1, Page 66
(1) An exception to this requirement may be made by the licensing agency upon the facility's presentation in writing of a satisfactory alternative plan.Part 1, Page 66
法规原文(英文)
The facility shall permit the formation of a resident council by interested residents, provide space and post notice for meetings, and provide assistance in attending meetings for those residents who request it. In order to permit a free exchange of ideas, at least part of each meeting shall be allowed to be conducted without the presence of any facility personnel. Residents shall be encouraged, but shall not be compelled to attend. The purpose of such an organization shall be to work with the administration in improving the quality of life for all residents by enriching the activity program and to discuss the services offered by the facility and make recommendations regarding identified problems.Part 1, Page 66.1
法规原文(英文)
(a) The licensee shall be permitted to accept emergency placements by an adult protective services (APS) agency, if the licensee has received approval from the Department to provide emergency shelter services.Part 1, Page 67
(1) To obtain approval, the licensee shall submit a written request to the Department. The request shall include, but not be limited to, the following:Part 1, Page 67
(A) A letter of interest from the county APS agency stating that if the request to provide emergency shelter services is approved, the APS agency may enter into an agreement with the licensee to provide such services. 1. A copy of the written agreement between the APS agency and the licensee, listing the responsibilities of each party, shall be sent to the Department within seven calendar days of signing.Part 1, Page 67
(B) A written addendum to the Plan of Operation, specified in Section 87208, Plan of Operation that includes procedures for the intake of an APS emergency placement. The addendum shall specify how the licensee will meet the needs of a resident placed on an emergency basis, such as on-call staff, additional staff and training. 1. The procedures shall include, but not be limited to, provisions for a private room. a. The licensee shall provide a private room for the resident until a pre-admission appraisal of the resident's individual service needs has been completed, specified in Section 87457, Pre-admission Appraisal. b. The Department may approve an alternative to a private room, such as awake or additional staff, but an alternative shall not be approved if it displaces staff or other residents of the facility.Part 1, Page 67
法规原文(英文)
(a) When a resident must be relocated by Department order whether individual health-condition relocations pursuant to Section 87612, Restricted Health Conditions, or temporary suspension orders pursuant to Section 87775(c), the licensee shall not obstruct the relocation process and shall cooperate with the Department in the relocation process. Such cooperation shall include, but not be limited to, the following activities: (1) Identifying and preparing for removal of the medications, Medi-Cal or Medicare or other medical insurance documents, clothing, safeguarded cash resources, valuables and other belongings of the resident. (2) Contacting the person responsible for the resident to assist in transporting him or her, if necessary. (3) Contacting other suitable facilities for placement, if necessary. (4) Providing access to resident's files when required by the Department.Part 1, Page 70
法规原文(英文)
(a) The licensee may evict a resident for one or more of the reasons listed in Section 87224(a)(1) through (5). Thirty (30) days written notice to the resident is required except as otherwise specified in paragraph (5).Part 1, Page 71
(1) Nonpayment of the rate for basic services within ten days of the due date.Part 1, Page 71
(2) Failure of the resident to comply with state or local law after receiving written notice of the alleged violation.Part 1, Page 71
(3) Failure of the resident to comply with general policies of the facility. Said general policies must be in writing, must be for the purpose of making it possible for residents to live together and must be made part of the admission agreement.Part 1, Page 71
(4) If, after admission, it is determined that the resident has a need not previously identified and a reappraisal has been conducted pursuant to Section 87463, and the licensee and the person who performs the reappraisal believe that the facility is not appropriate for the resident.Part 1, Page 71
(5) Change of use of the facility. (A) The licensee may, upon no less than sixty (60) days written notice, evict a resident due to change of use of the facility. 1. In addition to written notice to quit requirements specified in Section 87224(d), written notice to evict due to change of use of the facility shall be made to the resident or the resident's responsible person and shall include all requirements specified in Section 1569.682(a)(2)(A) through (F) of the Health and Safety Code.Part 1, Page 71
法规原文(英文)
(b) The licensee may, upon obtaining prior written approval from the licensing agency, evict the resident upon three (3) days written notice to quit. The licensing agency may grant approval for the eviction upon a finding of good cause. Good cause exists if the resident is engaging in behavior which is a threat to the mental and/or physical health or safety of himself or to the mental and/or physical health or safety of others in the facility.Part 1, Page 71.1
(c) The licensee shall, in addition to either serving the required thirty (30) days notice, sixty (60) days notice, or seeking approval from the Department and service three (3) days notice on the resident, notify or mail a copy of the notice to quit to the resident's responsible person.Part 1, Page 71.1
法规原文(英文)
(1) The notice to quit shall include the following information:Part 1, Page 71.2
(A) The effective date of the eviction.Part 1, Page 71.2
(B) Resources available to assist in identifying alternative housing and care options which include, but are not limited to, the following: 1. Referral services that will aid in finding alternative housing. 2. Case management organizations which help manage individual care and service needs.Part 1, Page 71.2
法规原文(英文)
(f) A written report of any eviction shall be sent to the licensing agency within five (5) days.Part 1, Page 72