Health & Safety Code 1788(a) (1990; amended by AB 1023, 2011)
A continuing care contract must contain the following provisions: (1) The continuing care retirement 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 decision to transfer the resident. 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 if requested, family members, and the resident's health care professionals) to explain the reasons for transfer; and provide written notice to the resident and the resident's responsible person of the reasons for the transfer.
(C) The resident has the right to review the transfer decision at a subsequent care conference that shall include the resident, the resident's responsible person, and if requested, family members, the resident's physician or other appropriate health care professional, members of the provider's interdisciplinary team, and the local ombudsperson.
(D) For disputed transfer decisions, the resident or the resident's responsible person has the right to a prompt and timely review of the transfer process by the Continuing Care Contracts Branch of the State Department of Social Services. The decision of the department's Continuing Care Contracts Branch shall be in writing and shall determine whether the provider failed to comply with the transfer process.