(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.
(c) No resident
or his or her legal representative shall be required to sign any other document
at the time of, or as a condition of, admission to the licensee's facility, or
as a condition of continued stay in the facility.
(d) The licensee shall not present any
arbitration agreement to a prospective resident as a part of the Standard
Admission Agreement. Any arbitration agreement shall be separate from the
Standard Admission Agreement and shall contain the following advisory in a
prominent place at the top of the proposed arbitration agreement, in bold-face
font of not less than 12 point type: "Residents shall not be required to
sign this arbitration agreement as a condition of admission to this
facility."
Notes
Cal. Code Regs. Tit. 22, §
72516
1. New
section filed 7-6-2005; operative 1-2-2006 (Register 2005, No.
27).
2. Amendment of subsections (a)-(b), new subsections (b)(1)-(4)
and last paragraph and amendment of NOTE filed 9-29-2011; operative 9-29-2011
pursuant to Government Code section
11343.4(c);
section operative 3-29-2012 per agency amendment (Register 2011, No.
39).
3. Change without regulatory effect amending subsection (d) and
NOTE filed 5-27-2015 pursuant to section
100, title 1, California Code of
Regulations (Register 2015, No. 22).
Note: Authority cited: Sections
1275
and
131200,
Health and Safety Code. Reference: Sections
1276,
1430,
1599.60,
1599.61,
1599.64,
1599.81,
123222.1,
131050,
131051
and
131052,
Health and Safety Code; Parkside Special Care Center, Inc., et al. v. Sandra
Shewry, Director of the Department of Health Services, et al., Superior Court
of the State of California, County of San Diego, case number GIC: 860574; and
Valley View Health Care Inc., et al. v. Ronald Chapman, M.D., Director of the
California Department of Public Health, et al., (E.D. Cal. 2014) 992 F.Supp.2d
1016.
1. New section filed
7-6-2005; operative 1-2-2006 (Register 2005, No. 27).
2. Amendment
of subsections (a)-(b), new subsections (b)(1)-(4) and last paragraph and
amendment of Note filed 9-29-2011; operative 9-29-2011 pursuant to Government
Code section
11343.4(c);
section operative 3-29-2012 per agency amendment (Register 2011, No.
39).
3. Change without regulatory effect amending subsection (d) and
Note filed 5-27-2015 pursuant to section 100, title 1, California Code of
Regulations (Register
2015, No. 22).