§ 73519. Administrative Policies and Procedures.

(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.

HISTORY

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

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.