Health & Safety Code 1788(a) (1990; amended by SB 407, 2009)
Summary:
A continuing care contract must contain the following provisions: (1) Before the continuing care retirement community transfers a resident, the community must first involve the resident and the resident's responsible person, and if requested, the resident’s family members or physician or other appropriate health professional, in the assessment process for the provider’s transfer decision. If assessment tools are used, the provider shall make copies of the completed assessment available upon the request of the resident or the resident's responsible person. (2) Prior to sending a formal notification of transfer, the provider shall conduct a care conference with the resident and the resident's responsible person, and upon the resident's or responsible person's request, family members, and the resident's health care professionals, to explain the reasons for transfer; (3) provide written notice to the resident and the resident's responsible person of the reasons for the transfer. (4) The resident has the right to
Keywords:
agency, discharge information, guardianship, personal representative, records disclosure to subjectParties Bound:
continuing care facilities Other Relevant California Code Sections:
Section 87101(r)(6) of Title 22 of the California Code of Regulation: defines responsible person as the "individual or individuals, including a relative, health care surrogate decision maker, or placement agency, who assist the resident in placement or assume varying degrees of responsibility for the resident's well-being." Associated Federal Law(s):
Uses and disclosures requiring an opportunity for the individual to agree or to object : uses and disclosures for involvement in the individual's care and notification purposes
Associated Federal Law(s):
Uses and disclosures of protected health information: general rules : personal representatives - must be treated as the individual with respect to the protected health information