§ 87455 — Acceptance and Retention Limitations

(a)  Acceptance or retention of residents by a licensee shall be in accordance with the criteria specified in this Chapter 8, thereby allowing residents to age in place in the least restrictive environment when appropriate.

(b)  The following persons may be accepted or retained by the licensee:

  (1)  Persons capable of administering their own medications.

  (2)  Persons receiving medical care and treatment outside the facility or who are receiving needed medical care from a visiting nurse.

  (3)  Persons who may need assistance with self-administration of medication as specified in Section 87465, Incidental Medical and Dental Care Services.

  (4)  Persons who display behavioral expression as defined in Section 87101, Definitions.

  (5)  Persons who may need assistance with managing money.

(6)  Persons with mild temporary emotional disturbance resulting from personal loss or change in living arrangement.

  (7)  Persons who are bedridden provided the requirements of Section 87606 are met.

(8)  Persons who are under 60 years of age whose needs are compatible with other residents in care, if they require the same amount of care and supervision as do the other residents in the facility.

(9)  Persons who have been diagnosed as terminally ill and who have obtained the services of hospice, certified in accordance with federal medicare conditions of participation and licensure, provided the licensee has obtained a facility hospice care waiver in accordance with the provisions of Section 87632, Hospice Care Waiver, and hospice care is being provided in accordance with the provisions of Section 87633, Hospice Care for Terminally Ill Residents.

(c)  No resident shall be accepted or retained if any of the following apply:

(1)  The resident has active communicable tuberculosis.

(2)  The resident requires 24-hour, skilled nursing or intermediate care as specified in Health and Safety Code Sections 1569.72(a) and (a)(1):

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    Health and Safety Code Sections 1569.72(a) and (a)(1) provide in part:

    "(a)  …no resident shall be admitted or retained in a residential care facility for the elderly if any of the following apply:

    (1)  The resident requires 24-hour, skilled nursing or intermediate care."

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(d)  A resident suspected of having a contagious or infectious disease shall be isolated, and a physician contacted to determine suitability of the resident's retention in the facility.

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    Health and Safety Code section 1569.73(a) provides in relevant part:

    "(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 of 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.

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    (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..."

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NOTE:  Authority cited:  Sections 1569.30 and 1569.698, Health and Safety Code.  Reference:  Sections 1250, 1569.1, 1569.2, 1569.31, 1569.312, 1569.54, 1569.699, 1569.72 and 1569.73, Health and Safety Code.