Health FacilitiesRegulations
Section § 1275
This section explains how California's health department is responsible for creating rules to manage health facilities. These rules must be fair and update old regulations by health boards. The Office of Statewide Health Planning and Development sets building codes for health facilities, ensuring safety without being stricter than necessary.
The rules for outpatient services in separate buildings should not be stricter than those for other clinics, and healthcare professionals must be part of the hospital's medical staff. The department can update health care standards from recognized associations without using the typical rule-making process, but it must inform and involve the public before adopting new standards.
If anyone opposes these standards, the department must use the standard regulatory process to adopt them. The changes should be clearly posted online, and if standards are adopted without opposition, the public should be notified.
Section § 1275.1
This section outlines specific regulations for psychiatric health facilities in California, which override any other health facilities' rules. These regulations focus on safety, staffing, and service standards based on patient needs.
They address three types of patients: involuntary and voluntary ambulatory patients with mental health disorders, and involuntary ambulatory patients with severe substance use disorders.
'Ambulatory patients' include those with mobility challenges who aren't bedridden. The law allows, but doesn't require, some hospital service standards if those needs can be met elsewhere.
It also includes guidelines for open architectural planning and exempts certain structures from seismic requirements.
Additionally, there are safety rules for restraining patients and mandates for a consultant pharmacist to supervise drug related services to prevent substance abuse.
Section § 1275.2
This law sets specific rules for chemical dependency recovery hospitals, prioritizing their unique regulations over those for other health facilities. The standards cover building conditions, staffing needs, and the services provided, all tailored to meet patient needs. The law also specifies that these hospitals use an 'open planning' architectural style and exempts freestanding buildings from earthquake safety rules, though not those offering extra services in general or psychiatric beds. Regulations must be developed and publicly adopted within 180 days of the law's effective date, with an advisory committee helping to expedite this process. Committee members include various stakeholders from state departments and experienced facility operators, though non-state members cover their own costs.
Section § 1275.3
This law requires the State Department of Public Health and the State Department of Developmental Services in California to create licensing rules for certain types of intermediate care facilities for people with developmental disabilities who need nursing care. These rules should make sure residents get the medical, nursing, and developmental services they need in a supportive and appropriate environment. The regulations must include resident assessments for medical and development needs, use community resources, and require program plan approval before facility licensing. They also need to establish appropriate licensing fee schedules and ensure pending regulations follow federal standards. Fire safety regulations by the State Fire Marshal still apply.
Section § 1275.4
By January 1, 2017, every skilled nursing facility in California must create and follow an antimicrobial stewardship policy. This policy should align with guidelines from prominent health organizations like the CDC or similar professional bodies. These facilities must comply, and failing to do so could lead to enforcement actions.
Section § 1275.5
This section states that existing regulations for licensing hospitals, mental health facilities, and psychiatric health facilities will remain in effect and enforceable unless they are changed or repealed by a designated director. Specifically, even if created under previous laws, these regulations continue to apply. The State Department of Health Care Services has responsibilities related to licensing psychiatric health facilities, inheriting duties from the former Department of Health Services.
Section § 1275.6
This law allows health facilities licensed under certain sections to offer healthcare services in alternative settings outside of traditional hospital buildings, as long as these services are not specifically prohibited. The state department is responsible for setting standards to ensure patient safety and high-quality care in these settings. Before regulations are fully established, the department can impose temporary standards to encourage innovation and safe practices. Healthcare professionals providing these services must be part of the hospital's medical staff, and the services must meet existing licensing standards for similar services offered by non-hospital providers. The term 'hospital building' refers to its definition in another specific section of the code.
Section § 1275.7
The California Legislature recognizes that the theft of newborns from hospitals is a serious issue with no current legal requirement for hospitals to address it. As a result, this law mandates that hospitals providing maternity services must establish written policies to protect babies and reduce thefts. The state department is responsible for adopting regulations by July 1, 1991, requiring these policies, and hospitals must comply within 60 days of the regulations becoming effective.
Additionally, the state department will check if hospitals' policies meet the regulations. Hospitals are required to review their security policies every two years to ensure ongoing compliance and effectiveness.
Section § 1275.8
By January 1, 2020, all general acute care and acute psychiatric hospitals in California need to have a policy for cleaning linens. This policy must follow the latest infection control guidelines from the CDC and the Centers for Medicare and Medicaid Services. Even if these hospitals use an outside laundry service, they must still ensure their linen cleaning practices meet these standards.
Section § 1275.41
If there's an emergency involving contagious diseases, skilled nursing homes must report disease data to the State Department of Public Health. This includes detailed information on each death related to the disease, and it must be reported within a day. The department will update the public weekly with this information while maintaining patient privacy.
During such emergencies, nursing facilities are also required to inform residents, their families, and representatives about any disease cases, following privacy laws. The health department can issue guidelines on these processes without going through the usual regulatory procedures.
Section § 1276
This law outlines the standards for health facilities in California, focusing on the adequacy, safety, and sanitation of physical plants and staffing with qualified personnel. It allows for flexibility in meeting standards through alternative methods if approved by the relevant health department, as long as statutory requirements are met.
Health facilities can request flexibility, including for critical care units, which must be supported by evidence and public comment. Requests should be processed within 60 days, except in emergencies requiring quicker responses. The law also addresses medication purchasing practices to save costs.
The department responsible for oversight will post applications, approvals, and other relevant information online, ensuring transparency and accountability. In emergencies, the usual public comment process can be expedited to address urgent healthcare needs.
Section § 1276.1
This law allows the department to set standards for staffing in licensed health facilities either by establishing its own criteria or by adopting standards from specific organizations. If the department chooses to adopt these external standards, they must do one of three things: include the requirements in the regulation, keep a list of these standards available to the public, or have explicit legal authority to use the organization's standards.
Section § 1276.2
This law explains that in certain cases, skilled nursing facilities in California can use licensed vocational nurses (LVNs) instead of registered nurses (RNs) for specific roles, but only if they can't find an RN. Facilities must try to hire an RN first and keep a record of their efforts. LVNs must be permanent staff at the facility, and an RN must be available for consultation. If LVNs are used more than seven days a month, the facility needs special approval from the state. LVNs can't be directors of nursing, and this rule mainly applies to evening and night shifts. However, it doesn't apply if related Medi-Cal regulations are in place, and if care levels are inadequate, the state can require more staffing.
Section § 1276.3
This law highlights the risk of fire-related injuries in surgical and procedural rooms due to intense heat sources in oxygen-rich environments. It emphasizes the need for high-level fire and panic safety standards in these areas within licensed health facilities in California.
Health facilities are required to educate and train their staff about fire safety and emergency plans as part of their orientation and ongoing training. The facilities must follow fire safety guidelines from recognized organizations, like the Association of Operating Room Nurses, approved by the state department.
Each facility is responsible for deciding how the training will be delivered and the amount of training needed.
Section § 1276.4
California's Department of Public Health is required to set specific nurse-to-patient ratios for hospitals, ensuring enough licensed nurses are available to care for patients across different hospital units. These regulations must be reviewed every five years, with special considerations for rural hospitals. This law mandates orientation and competency validation for all nursing staff in different areas before they start working in specific units, especially for temporary nurses.
Hospitals must create written policies for staff training. If a hospital, particularly rural ones, finds these ratios challenging without jeopardizing patient safety, they can apply for a waiver. Emergency regulations can be adopted to address urgent staffing needs, specifically for psychiatric units, without needing usual reviews. Existing ratios in intensive care, neonatal intensive care, operating rooms, and hospitals run by the State Department of State Hospitals won't be replaced by these new rules.
The unique needs of University of California teaching hospitals will be considered when establishing nurse-to-patient ratios, ensuring compliance with nursing education requirements.
Section § 1276.05
This law allows general acute care hospitals in California to temporarily relocate services as part of their efforts to meet building standards for seismic safety. The Office of Statewide Health Planning and Development and the state department can grant flexibility in meeting these standards, provided public safety is not at risk. Requests for such flexibility cannot waive key structural, fire, life safety, or accessibility requirements. Hospitals must notify the public about proposed temporary changes to key services and seek public input. A special unit will help address licensing issues, ensuring hospitals comply with seismic safety laws and considering public comments on flexibility requests. Hospitals must specify how long they plan to use temporary spaces and update their compliance plans when changes occur.
Section § 1276.5
This law mandates skilled nursing and intermediate care facilities in California to provide a specific amount of nursing care to each patient, starting at 3.2 hours of direct care per patient per day from January 1, 2000. The calculation of 'nursing hours' includes hours worked by nursing aides, assistants, orderlies, registered nurses (RNs), and licensed vocational nurses (LVNs), with RNs and LVNs hours often counted double, except in state-owned hospitals.
The law requires a registered nurse to be present at all times if a facility's services necessitate it. Administrators of certain intermediate care facilities (ICFs) must be licensed nursing home administrators or qualified intellectual disability professionals, with specific training or experience. Specific rules apply to facilities serving individuals with developmental disabilities or mental health disorders.
Section § 1276.6
This law requires facilities to officially declare that any increased funding they receive to meet staffing ratio standards of 3.2 is used specifically for that purpose. They must sign a form under penalty of perjury and return it to the department within 30 days of receiving it.
Section § 1276.7
This law requires that by May 1, 2001, the department must assess whether more nursing hours per patient day are needed in skilled nursing facilities and make recommendations based on this assessment. They must analyze staffing levels, expenditure on nursing staff, other states’ requirements, research reports, number of Medi-Cal beds, facility corporate status, compliance with standards, and workforce trends.
The department must then report their findings and recommendations, including possible increases in staffing and associated costs, to the Legislature. The goal is to ensure sufficient staffing levels for quality care, with a target of 3.5 direct care nursing hours per patient by 2004 or as otherwise deemed necessary for safety and quality care in nursing homes.
Section § 1276.8
This section defines what constitutes a respiratory care practitioner and specifies that they must be certified under the Respiratory Care Practice Act. It outlines that the scope of respiratory care services is detailed in another part of the law. Respiratory care can be offered in various settings such as hospitals, for in-home care, and during patient transportation, always under a doctor's direction.
Additionally, certified respiratory care practitioners can take and follow doctors' orders related to respiratory care. This law prioritizes certification and proper supervision while allowing flexibility in various care environments.
Section § 1276.9
This law outlines staffing requirements for certain parts of skilled nursing facilities that provide special treatment programs for people with mental health disorders. These parts must offer at least 2.3 nursing hours per patient each day. 'Nursing hours' include time worked by aides, nursing assistants, registered nurses, licensed vocational nurses, plus psychiatric technicians in certain facilities, with registered and licensed vocational nursing hours counting double.
Additionally, these areas need an overall weekly average of 3.2 hours per patient per day from a broader staff category. Staff who count toward this average include certified nurse assistants, registered and vocational nurses, psychiatric technicians, psychiatrists, psychologists, social workers, and program staff providing therapeutic services.
Section § 1276.65
This California law outlines staffing requirements for skilled nursing facilities. It defines 'direct care service hours' and the types of professionals who count as 'direct caregivers,' including registered nurses and certified nurse assistants. Facilities must provide at least 3.5 hours of direct care per patient each day, with a minimum of 2.4 hours delivered by certified nurse assistants. Staff responsible solely for non-care tasks like housekeeping cannot count towards these ratios. Regulations include a mechanism for waivers in case of staff shortages, and penalties may apply for non-compliance. The department is tasked with regular consultations to adjust staffing standards, ensuring that they meet patient needs without unduly increasing costs.
The regulation mandates posting current staffing levels in facilities, and compliance will be checked during inspections. These staffing standards are contingent on budget appropriations and require continual federal support. There's also a provision for hiring experts to ensure the implementation's effectiveness and to evaluate workforce availability.
Section § 1276.66
This law establishes the Skilled Nursing Facility Minimum Staffing Penalty Account in California's treasury to handle funds related to penalties for staffing shortfalls in skilled nursing facilities. The State Department of Public Health is tasked with enforcing staffing requirements and imposing penalties if facilities fall short on required nursing hours per patient per day.
If a facility doesn't meet these requirements often enough, they face financial penalties of $25,000 or $50,000, depending on how frequently they fall short. Facilities can appeal penalties, and the State Department of Health Care Services handles these appeals, with specific timelines for hearings and decisions.
The appeals process is exempt from some governmental procedural laws. Additionally, the account funds can also be used for other state budget needs and the department may contract with outside entities to help implement this law.
Section § 1277
Before issuing a license, the department must ensure that a health facility's premises, management, rules, equipment, staff, and care standards meet required criteria. Health facilities, whether state-owned or private, must adhere to the same licensing requirements for professional personnel like doctors and nurses. Certain psychologists and social workers employed as of 1979 are exempt from these requirements. The department can provide a temporary waiver for individuals gaining necessary experience for licensure in mental health professions, lasting up to six years, depending on employment status and special circumstances.
Active doctoral candidates in certain fields can extend waivers without time limits during their studies. A special permit can be issued if standards are met, particularly in services provided by unlicensed practitioners. Extensions for licensing waivers can be granted due to circumstances like natural disasters or language barriers.
Section § 1278
This law allows state department officers, employees, or agents to enter and inspect buildings or premises at any reasonable time. They do this to ensure the rules of this chapter are being followed or to stop any rule-breaking from happening.
Section § 1278.5
This section encourages healthcare workers, patients, and medical staff to report unsafe conditions in healthcare facilities without fear of retaliation. It explicitly prohibits facilities from retaliating against individuals who report issues or participate in investigations concerning patient care. If any discriminatory action happens within a certain timeframe after a report, it's assumed to be retaliation, but this can be challenged with evidence. If found guilty of retaliation, facilities face fines and those affected have rights to compensation, reinstatement, and more. Specific protections are in place for healthcare workers involved in peer review processes. The rules apply broadly to healthcare facilities, but not to long-term care or correctional facilities.
Section § 1279
This law requires regular inspections of licensed health facilities in California to ensure quality care. Inspections occur at least every two years, and every three years for certain facilities, or more frequently if necessary. Advice and assistance are offered by inspectors during these visits. Teams inspecting large hospitals must include a physician, nurse, and administrative experts. Inspections are generally unannounced, ensuring genuine assessments of compliance with state and federal regulations, which are crucial for maintaining consistent standards across the state's districts. If a federal inspection occurs at the same time, the state inspection aligns with federal guidelines. Consistency in enforcement and response to compliance issues is emphasized.
Section § 1279.1
This law requires certain health facilities to report any 'adverse events' to the health department within five days of detection, or within 24 hours if there is an urgent threat to patient or staff safety. An adverse event can include surgical mistakes, issues with medical devices or products, patient protection errors, care management issues, environmental incidents, and criminal activities. The law also mandates informing the affected patient, or their representative, about these events once reported. Additionally, it defines 'serious disability' and clarifies that it does not alter existing hospital reporting obligations for diseases or unusual occurrences.
Section § 1279.2
This law outlines what the California Department of Health must do when they receive reports or complaints about potential dangers in health facilities. If there's a threat of imminent danger, they must inspect the facility within 48 hours, or two business days, and finish their investigation in 45 days. They need to conduct unannounced inspections at least once a year until the risk is resolved. If the threat isn't imminent, they have 45 days for the investigation. The department must communicate findings and any delays clearly, documenting reasons for not meeting deadlines. Costs for these activities come from fees paid by hospitals, and special considerations are given for small and rural hospitals. They also need to track and report on the investigations of adverse events.
Section § 1279.3
This law requires the California Department of Health to publicly share information about confirmed adverse events in healthcare facilities by specific deadlines. By January 1, 2015, this information should be available online and in written form, accessible to everyone while maintaining patient privacy. This sharing requirement also applied from 2009 until 2015, to empower consumers and entities like universities and health organizations to disseminate this data online.
The law mandates that the information shared must include details on each adverse event but must exclude the names of healthcare professionals. This aims to ensure transparency about healthcare quality and safety, helping consumers make informed choices.
Section § 1279.6
This law requires health facilities in California to create and follow a patient safety plan aimed at improving patient health and safety while reducing avoidable incidents. The plan must be devised with input from a variety of health professionals within the facility.
The plan should include the following key elements: a patient safety committee involving diverse healthcare professionals, a system for anonymous reporting of safety events, and a team to analyze these events for underlying causes and disparities among different demographic groups. It mandates a focus on addressing racism and discrimination that impact patient care.
All facilities must submit their patient safety plans to a state department starting in 2026. The department can fine facilities for non-compliance and will make these plans publicly accessible online. The definition of patient safety events includes preventable adverse occurrences and healthcare-associated infections, as determined by federal guidelines.
Section § 1279.7
This law requires health facilities to have a comprehensive hand hygiene program. Starting from specific dates, these facilities are prohibited from using incorrect types of connectors for epidural, intravenous, and enteral feeding lines to prevent misconnection errors, unless it's an emergency. The law details when each prohibition begins and mandates annual reports on connector design progress from a medical association. Health facilities must include prevention strategies for misconnection errors in their patient safety plans, although these requirements become inactive as the specific prohibitions take effect.
Section § 1279.8
This law requires certain healthcare facilities to have a plan for notifying the appropriate parties when a patient goes missing. Specifically, the facility must let the patient's authorized representative know if the patient is missing, and must also contact local law enforcement under certain circumstances. This law does not apply to state hospitals if informing the representative would risk the safety and security of the hospital.
Section § 1280
This law lets the state department help health facilities improve care by offering consulting services. If a facility isn't following rules, it must agree on a correction plan with the state. If the facility fails to fix issues in a reasonable time, its license may be revoked or suspended.
If a health facility poses a serious health risk and can't agree on a correction plan, the state can enforce one. Facilities can appeal orders if they disagree with the plan or the severity of the issue. Certain urgent conditions can lead the state to reduce patient numbers or close dangerous units.
Inspection reports must be filed and may recommend future inspections. These reports and correction plans are available to the public unless prior to 1994. Proposing or carrying out a correction plan isn't considered an admission of fault in legal cases.
Section § 1280.1
This law allows the California Department of Public Health to fine health facilities for violations that put patients in serious danger. Before certain regulations are adopted, the penalty can be up to $25,000 per violation. However, for incidents occurring from 2009 onwards, the fines range from $50,000 to $100,000 depending on the number of previous penalties. Facilities can contest these fines within 10 days, and they must pay the penalties once all appeals are resolved. Immediate jeopardy refers to situations where noncompliance might cause harm or death to a patient. This law also takes into account the unique positions of small and rural hospitals to ensure they can continue providing quality care.
Section § 1280.2
This law states that hospitals won't be penalized for not meeting certain building code standards if their buildings were approved before January 1, 1994. Also, the law doesn't require older hospital buildings from before 1994 to upgrade to meet current earthquake safety standards.
Section § 1280.3
This law allows the director to impose fines on certain health facilities for violations that pose immediate risk to patients, with penalties ranging from $75,000 for the first violation to $125,000 for subsequent ones. If a violation occurs more than three years after the last one, it's considered a new first violation if the facility is otherwise compliant. Lesser violations can incur fines up to $25,000. The criteria for penalties consider factors like patient harm, facility history, and response to violations.
The law also covers staffing violations, with specific rules for acute care hospitals that might face penalties unless they show efforts to resolve uncontrollable and unpredictable staffing issues. There's a special emphasis on not penalizing minor violations unnecessarily and adjusting considerations for small and rural hospitals. Facilities can dispute penalties through a hearing, and penalties are finalized after all appeals.
'Immediate jeopardy' is defined as situations where non-compliance could cause serious injury or death.
Section § 1280.4
This law states that if a healthcare facility in California fails to report an adverse event within the required timeframes, they can be fined $100 for each day the report is late. Facilities have five days or, in some cases, 24 hours to make these reports. If they don't immediately report certain serious incidents to law enforcement, they face the same $100 daily fine. If a facility disputes a penalty, they can request a hearing within 10 days, but they must pay the fine if they lose the appeal.
Section § 1280.5
If a health facility or its administrator disagrees with the results after an inspection, they have the right to file a written appeal. The state's health department is responsible for reviewing and resolving these appeals.
Section § 1280.6
This law says that when assessing fines on nonprofit health facilities related to the same incident that also led to fines from the Department of Managed Health Care, the director must consider the previous penalty. Essentially, if a nonprofit hospital and its connected health care plan both face fines for the same issue, the fine for the hospital should reflect the fine already given to the health care plan to avoid double punishment.
Section § 1280.15
This law requires clinics, health facilities, home health agencies, and hospices to protect patients' medical information from unlawful access or disclosure. If a breach occurs, they must report it to the department within 15 business days and inform the affected patient. Penalties apply if they fail to do so, but exceptions are made for law enforcement requests, allowing delays in patient notifications to avoid hindering investigations. Each report of unauthorized access can result in hefty fines, but total penalties are capped at a certain amount. If a violation is confirmed, the facility may opt to pay a reduced penalty instead of disputing it. Finally, penalties collected help fund quality improvement activities.
Section § 1280.16
This section defines important terms used in related laws. It includes definitions for 'Department' as the State Department of Public Health, 'Director' as the State Public Health Officer, 'Medical information' as defined in another law, and 'Provider of health care' as defined elsewhere in California law.
'Unauthorized access' is explained as looking at someone's medical information without needing it for diagnosis, treatment, or other approved reasons allowed by the Confidentiality of Medical Information Act or related laws.
Section § 1280.17
This section details how the department can issue fines to any person or healthcare provider for breaking specific privacy laws related to health information. However, these rules do not apply to certain facilities like clinics, hospitals, agencies, or hospices that are specifically licensed under other sections. The department is also required to set or update regulations to effectively enforce these rules and ensure they align with related laws.
Section § 1280.18
This law requires healthcare providers to set up safeguards to protect patient medical information from unauthorized access, use, or disclosure. Providers must implement effective administrative, technical, and physical measures to ensure privacy.
The law also outlines how the department should evaluate a provider's capability and history of compliance when monitoring their adherence to these privacy requirements. It takes into account the provider's efforts to detect and correct any violations, as well as any external factors that might affect compliance.
Additionally, the department is allowed to perform joint investigations into individuals and health facilities to ensure compliance with privacy regulations related to medical information.
Section § 1280.19
As of July 1, 2025, the Internal Health Information Integrity Quality Improvement Account will be eliminated. The money and responsibilities from this account will be transferred to the Internal Departmental Quality Improvement Account. This new account will also receive funds from administrative fines related to privacy breaches. The money in this account, including any interest earned, will be used for quality improvement activities within the Licensing and Certification Program. Additionally, the State Controller can temporarily use these funds for cash flow purposes, as needed, to support the state's General Fund.
Section § 1280.20
This law allows a director to recommend an investigation or disciplinary action if they suspect a health care provider has violated licensing rules. This recommendation must include all the evidence the director collected. The evidence is considered part of an investigative communication and is protected by confidentiality rules. The health care provider's licensing authority must review the evidence and can decide to investigate further or discipline the provider.
Section § 1281
This law mandates that all hospitals, whether public or private, must follow specific standards for treating victims of sexual assault, including children. These standards cover both how to care for the victims and how to properly handle evidence for legal purposes, as outlined in other sections of the Penal Code. If a hospital cannot meet these standards, it must have a plan to quickly send victims to a nearby hospital that does. Additionally, hospitals must inform local authorities and victim support services if they adopt a referral system.
Section § 1281.5
General acute care hospitals with emergency departments must create policies to help patients identify themselves as victims of human trafficking or domestic violence. These policies must ensure patient confidentiality, provide a discreet way for patients to inform staff, and facilitate private interviews where patients can refuse to participate.
Hospitals must give information about local victim services and use trauma-informed care principles. Hospitals are not required to report patient identities to authorities except as law requires, and may collect data on these self-identifications. Staff are protected from liability unless they act with gross negligence or misconduct.
Section § 1282
This law allows the state health department to hire outside experts to inspect health facilities, aiming for collaboration with nonprofit professional organizations that have experience in healthcare assessments. The priority is to use groups like the California Medical Association and those in the Consolidated Hospital Survey Program, provided they have enough staff. If needed, the state can contract the Joint Commission on Accreditation of Hospitals for these inspections.
If a facility is inspected for both accreditation and quality care by the Joint Commission at the same time, it must send the final accreditation report to the state within 30 days. However, if the accreditation and quality inspections occur separately, this report does not need to be sent.
Section § 1283
If a health facility is releasing a child under 16 years old, they must have written permission from the child's parent, legal custodian, or a caretaker who is a relative and authorized to consent to the child's medical or dental care.
If the child is handed over to someone other than these authorized individuals, the facility must report the details of the person and any associated organization to the State Department of Health Services within 48 hours. This reporting rule doesn't apply if the transfer is to another healthcare facility or if the child is released to certain public welfare, probation, or law enforcement agents.
Section § 1284
This law states that any mental health facility that is licensed to provide inpatient services must comply with the rules outlined in Section 5622 of the Welfare and Institutions Code.
Section § 1285
This law makes it illegal for a health facility to keep a patient against their will just because they haven't paid their bill. 'Detained' here means keeping the patient in the facility without their or their authorized person's consent.
If a patient is held for only nonpayment, they can sue the facility, owners, managers, or others involved, to seek compensation such as damages, court costs, and attorney’s fees. Being held for this reason is considered a misdemeanor, punishable by penalties stated in another law section.
Section § 1286
This law prohibits smoking tobacco products in most areas of health facilities, such as patient care areas, waiting rooms, and visiting rooms, unless a specific area is designated for smoking. In patient rooms, smoking is only allowed if everyone assigned to the room requests it, and the facility can move patients around if it's at full capacity.
Facilities must post clear signs stating where smoking is not allowed or marking 'smoking permitted' areas, but signs are not needed inside patient rooms. Certain types of facilities, like skilled nursing homes, are not covered by this rule. 'Smoking' and 'tobacco product' are defined based on other legal provisions.
Section § 1288
This law requires skilled nursing or intermediate care facilities to notify patients paying out-of-pocket, or their responsible agents, of any planned room rate increases at least 30 days before the increase happens. However, if delaying the rate increase notice would result in a loss of Medi-Cal reimbursement, the facility can provide the notice as soon as possible, even if that's at the time of the increase itself, but this cannot justify retroactive increases for patients not on Medi-Cal.
Section § 1288.4
This law requires certain licensed health facilities to display a notice with the phone number of a state department office where people can report complaints about the facility. The notice has to be placed somewhere noticeable and easily seen by the public. The state department will provide the correct phone number to the facility for the notice.
Section § 1289
This law is about transactions with residents in long-term care facilities. Individuals associated with these facilities, like owners or employees, cannot buy or receive items worth more than $100 from residents without oversight. A State Long-Term Care Ombudsman must witness such transactions to ensure fairness. All transaction details need to be recorded in the resident’s health records.
If a facility representative breaks these rules by purchasing an item, they must return it or pay its value. Craft items made by residents aren't subject to these restrictions. Violators can face a civil penalty up to $1,000 and also a fine up to $100 if deemed guilty of an infraction.
Section § 1289.3
This law is about long-term health care facilities and their responsibility to protect patient belongings. If a facility fails to adequately safeguard a patient's property, they must repay or replace any lost or stolen items at current value. The facility is considered to have tried hard enough to protect property if they can provide strong proof they met certain requirements. This can be challenged in court by the patient or their representative.
If a facility has no protection program or cannot show it tries to meet the necessary requirements, they will be cited. Deficiencies are noted if the policies aren’t effectively implemented or need more theft and loss protections.
The department will not label a facility's program as inadequate simply because theft or loss happens occasionally.
Section § 1289.4
This law requires long-term health care facilities to set up a theft and loss program within 90 days of January 1, 1988. Key elements include creating and displaying a theft policy, orienting staff to procedures, and keeping records of lost or stolen items valued at $25 or more. These records are accessible to health authorities and law enforcement upon request related to a complaint.
Facilities must keep an inventory of patient belongings and update it as needed, providing copies to residents or their representatives. Upon a resident's discharge or death, their belongings must be logged and surrendered with a receipt. Facilities should review theft prevention efforts regularly and mark personal items for identification.
Facilities must report thefts of items valued at $100 or more to local law enforcement within 36 hours and provide a secure area for patient property. Additionally, they must provide resident policies upon admission, including a copy of this law section, to all residents and responsible parties.
Section § 1289.5
This law states that any admission contract for a long-term health care facility cannot make it seem like the facility has less responsibility for a resident's personal belongings than the law requires. In simple terms, a facility can't reduce its duty to care for a resident's property through the contracts residents sign when they are admitted.