(a) Written administrative policies shall be
reviewed and revised at least annually and shall include the following:
(1) Written management and personnel policies
to govern the administration of the intermediate care facility shall be
established and implemented. Job descriptions detailing the functions of each
classification of employee shall be written and available to all personnel.
Facility policies shall adhere to the requirements of Sections
1316
and
1316.5
of the Health and Safety Code.
(2)
All intermediate care facilities shall have written admission and discharge
policies which shall include rate of charge for care, charges for extra
services, limitation of services, cause for termination of services and refund
policies applying to termination of services. These policies shall be made
available to patients or their agents upon admission and upon request and shall
be made available to the public upon request.
(b) The following types of patients shall not
be admitted, nor cared for, in an intermediate care facility:
(1) Persons with a communicable
disease.
(2) Mentally disturbed
persons who require special services not available in the intermediate care
facility.
(3) Mentally retarded
persons requiring special services not available in the intermediate care
facility.
(4) Persons requiring
skilled nursing care and observation on a 24-hour basis.
(5) Those requiring daily care by the
admitting licensed health care practitioner acting within the scope of his or
her professional licensure.
(c) All patients shall have a tuberculosis
screening procedure done upon admission. These procedures shall be determined
by the patient care policy committee. Subsequent tuberculosis screening
procedures shall be determined by attending physicians. A tuberculosis
screening procedure may not be required if there is satisfactory written
evidence available that a tuberculosis screening procedure has been completed
within 90 days of the date of admission to the intermediate care
facility.
(d) Nondiscrimination
Policies. All intermediate care facilities shall state in their admission
policies that all patients will be accepted for care and cared for without
discrimination based on sex, race, color, religion, ancestry, national origin,
sexual orientation, disability, medical condition, marital status, or
registered domestic partner status, except:
Any bona fide nonprofit religious, fraternal or charitable
organization which can demonstrate to the satisfaction of the Department that
its primary or substantial purpose is not to evade this section may establish
admission policies limiting or giving preference to its own members or
adherents and such policies shall not be construed as a violation of the first
paragraph of this subsection. Any admission of nonmembers or nonadherents shall
be subject to the first paragraph of this subsection.
(e) Written policies and procedures governing
patient health records shall be developed with the assistance of a person
skilled in record maintenance and preservation. Health records shall be stored
and systematically organized to facilitate retrieving of information.
(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.
Notes
Cal. Code Regs. Tit. 22, §
73519
1. Amendment
filed 2-8-83; designated effective 3-2-83 (Register 83, No. 7).
2.
Amendment of subsections (a)(1), (b)(5) and (f), repealer of subsections
(f)(1), (f)(3) and (g)-(g)(2), redesignation and amendment of former subsection
(f)(2) as subsection (g) and amendment of NOTE filed 3-3-2010; operative
4-2-2010 (Register 2010, No. 10).
3. Change without regulatory
effect amending subsection (d) and NOTE filed 6-23-2011 pursuant to section
100, title 1, California Code of
Regulations (Register 2011, No. 25).
Note: Authority cited: Sections
1275
and
131200,
Health and Safety Code. Reference: Section
51, Civil Code;
Sections
297 and
297.5, Family
Code; and Sections
1276,
1315,
1316,
1316.5,
131050,
131051
and
131052,
Health and Safety Code.
1. Amendment filed
2-8-83; designated effective 3-2-83 (Register 83, No. 7).
2.
Amendment of subsections (a)(1), (b)(5) and (f), repealer of subsections
(f)(1), (f)(3) and (g)-(g)(2), redesignation and amendment of former subsection
(f)(2) as subsection (g) and amendment of Note filed 3-3-2010; operative
4-2-2010 (Register 2010, No. 10).
3. Change without regulatory
effect amending subsection (d) and Note filed 6-23-2011 pursuant to section
100, title 1, California Code of Regulations (Register 2011, No.
25).