This section defines specific terms for understanding related laws. An 'abbreviated contract of admission' is a simplified agreement for residents receiving short-term respite care in long-term health facilities, excluding certain legal requirements. A 'contract of admission' covers all paperwork residents or their representatives must sign to enter a long-term care facility. 'Department' refers to the State Department of Health Services.
As used in this chapter:
(a)CA Health and Safety Code § 1599.60(a)
“Abbreviated contract of admission” means a contract which meets the provisions of this chapter, except as otherwise provided, for a resident who is receiving respite care services, as defined in Section 1418.1. The following provisions of this chapter shall not apply to an abbreviated contract of admission: subdivision (b) of Section 1599.65, subdivision (b) of Section 1599.67, Section 1599.69, subdivision (b) of Section 1599.76, and Section 1599.79.
(b)CA Health and Safety Code § 1599.60(b)
“Contract of admission” includes all documents which a resident or his or her representative must sign at the time of, or as a condition of, admission to a long-term health care facility, as defined in Section 1326.
(c)CA Health and Safety Code § 1599.60(c)
“Department” means the State Department of Health Services or its designee.
abbreviated contract contract of admission respite care services long-term health care facility State Department of Health Services admission documents respite care residents facility admission requirements health care agreement California Health Services
(Amended by Stats. 1990, Ch. 1329, Sec. 4.5. Effective September 26, 1990.)

By January 1, 2000, skilled nursing, intermediate care, and nursing facilities in California must use a standard admission agreement created by the department, complying with state and federal laws. Facilities can't change this standard agreement without permission. The department can make a shorter agreement for short-term stays of 14 days or less, but if stays go over 14 days, the full agreement is needed.
Additionally, these facilities can provide separate written explanations of their specific rules as long as they are separate from the standard agreement. All new admissions after December 31, 1999, need to comply with these rules. By the same deadline, a comprehensive Patients’ Bill of Rights will be crafted, summarizing various regulations. This must be attached to facility contracts and translated into main languages of significant ethnic groups by January 1, 2000. Facilities are responsible for sharing these translated documents. This law doesn't change existing care requirements or create new legal liabilities for compliance.
(a)CA Health and Safety Code § 1599.61(a)
By January 1, 2000, all skilled nursing facilities, as defined in subdivision (c) of Section 1250, intermediate care facilities, as defined in subdivision (d) of Section 1250, and nursing facilities, as defined in subdivision (k) of Section 1250, shall use a standard admission agreement developed and adopted by the department. This standard agreement shall comply with all applicable state and federal laws.
(b)Copy CA Health and Safety Code § 1599.61(b)
(1)Copy CA Health and Safety Code § 1599.61(b)(1)
No facility shall alter the standard agreement unless so directed by the department.
(2)CA Health and Safety Code § 1599.61(b)(2)
The department may develop an abbreviated admission agreement for patients whose length of stay is anticipated to be 14 days or less. This abbreviated agreement may be developed to coordinate with the standard admission agreement. If the patient’s stay exceeds 14 days, the nursing facility shall obtain agreement to the remainder of the standard admission agreement.
(3)CA Health and Safety Code § 1599.61(b)(3)
Nothing in this section shall prevent a skilled nursing facility, an intermediate care facility, or a nursing facility from distributing written explanations of facility-specific rules and procedures, provided that the written explanations are not included or incorporated in, or attached to the standard admission agreement, nor signed by the resident or his or her representative.
(c)CA Health and Safety Code § 1599.61(c)
Subdivisions (a) and (b) shall apply to all new admissions to skilled nursing facilities, intermediate care facilities, and nursing facilities that occur after December 31, 1999.
(d)CA Health and Safety Code § 1599.61(d)
By January 1, 2000, the department shall consolidate and develop one comprehensive Patients’ Bill of Rights that includes the provisions contained in Chapter 3.9 (commencing with Section 1599), the regulatory resident rights for skilled nursing facilities under Section 72527 of Title 22 of the California Code of Regulations, the regulatory resident rights for intermediate care facilities under Section 73523 of Title 22 of the California Code of Regulations, and the rights afforded residents under Section 483.10 et seq. of Title 42 of the Code of Federal Regulations.
This comprehensive Patients’ Bill of Rights shall be a mandatory attachment to all skilled nursing facility, intermediate care facility, and nursing facility contracts as specified in Section 1599.74 of this chapter.
(e)CA Health and Safety Code § 1599.61(e)
By January 1, 2000, the department shall ensure the translation of the Patients’ Bill of Rights described in subdivision (d) into Spanish, Chinese, and other languages as needed to provide copies of the Patients’ Bill of Rights to members of any ethnic group that represents at least 1 percent of the state’s skilled nursing facility, intermediate care facility, and nursing facility population.
(f)CA Health and Safety Code § 1599.61(f)
Translated copies of the Patients’ Bill of Rights shall be made available to all long-term health care facilities in the state, including skilled nursing facilities, intermediate care facilities, and nursing facilities. It shall be the responsibility of the long-term health care facilities to duplicate and distribute the translated versions of the Patients’ Bill of Rights with admissions agreements, when appropriate.
(g)CA Health and Safety Code § 1599.61(g)
Nothing in this section is intended to change existing statutory or regulatory requirements governing the care provided to nursing facility residents. Similarly, nothing in this section is intended to create a new cause of action against a skilled nursing facility, an intermediate care facility, or a nursing facility as defined in Section 1250, related to its compliance with those existing statutory or regulatory requirements governing the care provided to nursing facility residents.
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(Repealed and added by Stats. 1997, Ch. 631, Sec. 3. Effective January 1, 1998.)
This law section outlines rules about admission contracts for facilities. It states that these contracts cannot include illegal waivers that would release the facility from responsibility for the health, safety, or personal property of residents. Contracts also must not contain terms that the facility knows, or should know, are misleading or illegal.
If a facility violates these rules, it could face a Class B citation or a deficiency notice from the department, but this would apply to the entire contract as one issue.
Additionally, residents are not limited to seeking only the remedies or penalties described here; they can pursue any legal options available under other state laws.
(a)CA Health and Safety Code § 1599.62(a)
Contracts of admission shall not include unlawful waivers of facility liability for the health and safety or personal property of residents. No contract of admission shall include any provision which the facility knows or should know to be deceptive or unlawful under state or federal law.
(b)CA Health and Safety Code § 1599.62(b)
Violation of this chapter shall result in a Class B citation or a deficiency from the department. For purposes of this section, the admission agreement shall be viewed as a whole and shall result in only one citation.
(c)CA Health and Safety Code § 1599.62(c)
Unless otherwise expressly provided, the remedies or penalties provided by this chapter do not preclude a resident from seeking any other remedy and penalties available under all other laws of this state.
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(Added by Stats. 1987, Ch. 625, Sec. 1.)
This law requires long-term health care facilities to provide blank copies of their admission contracts to anyone who asks, for a small fee. They also have to display a copy of the contract or a notice about how to get it in a place where everyone in the facility can see it.
(a)CA Health and Safety Code § 1599.63(a)
Every long-term health care facility shall make complete blank copies of its admission contract immediately available to the public at cost, upon request.
(b)CA Health and Safety Code § 1599.63(b)
Every long-term health care facility shall post conspicuously in a location accessible to public view within the facility either a complete copy of its admission contract or notice of the availability of it from the facility.
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(Added by Stats. 1987, Ch. 625, Sec. 1.)
This law sets standards for contracts used by skilled nursing and intermediate care facilities when admitting patients. These contracts must be printed clearly, in a readable size, and use everyday language. Each contract must include detailed sections like the facility owner's contact info and the entity responsible for patient care. Importantly, if respite care services are included, the contract should explain that unless specific conditions are met, they are not covered by Medi-Cal. Instead, they require private payment or third-party payors. The contract also needs to establish and document an agreed discharge date, which will serve as a valid basis for discharge. Lastly, these contracts should clarify if they are meant primarily for respite care services and not for general admissions.
(a)CA Health and Safety Code § 1599.64(a) All abbreviated contracts of admission and contracts of admission shall be printed in black type of not less than 10-point type size, on plain white paper. The print shall appear on one side of the paper only.
(b)CA Health and Safety Code § 1599.64(b) The contract shall be written in clear, coherent, and unambiguous language, using words with common and everyday meanings. It shall be appropriately divided, and each section captioned.
(c)CA Health and Safety Code § 1599.64(c) The contract for a skilled nursing facility shall have an attachment that is placed before any other attachment and that shall disclose the name of the owner and licensee of the skilled nursing facility and the name and contact information of a single entity
that is responsible for all aspects of patient care and the operation of the facility.
(d)CA Health and Safety Code § 1599.64(d) An abbreviated contract of admission shall include a statement indicating that respite care services, as defined in Section 1418.1, provided by the skilled nursing facility or intermediate care facility is not a Medi-Cal covered service and can only be provided by the facility on a private-pay or third-party payor basis, unless the person is participating in a Medicaid waiver program pursuant to Section 1396n of Title 42 of the United States Code, or other respite care service already covered by the Medi-Cal program.
(e)CA Health and Safety Code § 1599.64(e) An abbreviated contract of admission shall specify the discharge date agreed to upon admission by the skilled nursing facility or intermediate care facility and the person being admitted or his or her representative. This discharge date shall be binding as a ground for
discharge in addition to any other ground for discharge pursuant to federal or state law and regulations.
(f)CA Health and Safety Code § 1599.64(f) An abbreviated contract of admission shall include a statement informing the person being admitted for respite care services that the contract is designed specifically for the provision of respite care services and cannot be used for any other type of admission to the facility.
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(Amended by Stats. 2009, Ch. 532, Sec. 1. (AB 1457) Effective January 1, 2010.)
This law requires that when a skilled nursing facility in California changes ownership, it must notify all current residents and their primary contacts within 30 days. The notice should include the names of the new owner and licensee, along with contact information for the entity that will handle all patient care and facility operations.
The facility must submit a copy of the notice and a list of who received it to the State Department of Public Health as proof of compliance.
(a)CA Health and Safety Code § 1599.645(a) Within 30 days of approval of a change of ownership by the State Department of Public Health, the skilled nursing facility shall send written notification to all current residents and patients and to the primary contacts listed in the admission agreement of each resident and patient. The notice shall disclose the name of the owner and licensee of the skilled nursing facility and the name and contact information of a single entity that is responsible for all aspects of patient care and the operation of the facility.
(b)CA Health and Safety Code § 1599.645(b) The department shall accept a copy of the written notice and a copy of the list of individuals and mailing addresses to whom the facility sent the notification as satisfactory evidence that the
facility provided the required written notification.
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(Amended by Stats. 2010, Ch. 328, Sec. 125. (SB 1330) Effective January 1, 2011.)
Before or when someone enters a facility, the facility should try to clearly explain the admission contract to the person and get their signature unless they can't understand or sign due to legal incompetence or a medical condition. If they can't sign, it should be noted by a doctor in their medical record. The facility can also get a legal representative to sign if needed.
For facilities that accept Medi-Cal payments, the contract must clearly state, in big and bold print, that they can't require someone else to sign for the Medi-Cal patient as a condition for admission. However, if the patient has an agent, then the agent may be asked to sign.
(a)CA Health and Safety Code § 1599.65(a)
Prior to or at the time of admission, the facility shall make reasonable efforts to communicate the content of the contract to, and obtain on the contract the signature of, the person who is to be admitted to the facility. Unless the prospective resident has been declared legally incompetent or is unable to understand and sign the contract because of his or her medical condition, he or she shall sign or cosign the admission agreement. In the event the patient is unable to sign the contract, the reason shall be documented in the resident’s medical record by the admitting physician. This provision does not preclude the facility from obtaining the signature of an agent, responsible party, or a legal representative, if applicable.
(b)CA Health and Safety Code § 1599.65(b)
The contract of admission for facilities certified to be reimbursed by Medi-Cal shall set forth, in bold capital letters of not less than 10-point type, the prohibition in Section 14110.8 of the Welfare and Institutions Code that no facility may require or solicit as a condition of admission that a Medi-Cal beneficiary have a responsible party sign or cosign the contract of admission. If the Medi-Cal beneficiary has an agent, then the signature of the agent may be required on the contract of admission.
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(Added by Stats. 1987, Ch. 625, Sec. 1.)
If you've signed a contract with a long-term care facility and want to return to the same place, you don't have to sign a new contract. Instead, you'll sign a statement listing any changes to the original contract. This statement will be attached to your original contract. This doesn't apply if you've been declared legally incompetent or your doctor thinks you're too ill to understand the statement. Also, the statement shouldn't include any forbidden contract terms. If you're transferred during a 'bedhold,' you don't need to sign a new contract or statement.
A person who seeks to be admitted to the same long-term health care facility for which there exists a prior executed contract of admission which was signed by that person, or his or her legal representative, responsible party, or agent, in accordance with this chapter shall not be required to execute a new contract of admission if the person, or his or her legal representative, responsible party, or agent, either prior to or upon readmission, signs a written statement prepared by the facility which lists the modifications to the contract of admission.
The written statement shall indicate the date upon which the person’s signature was obtained. The written statement shall be kept on file by the facility with the person’s previously signed contract of admission.
This section shall not apply to any person who has been declared legally incompetent subsequent to the time he or she signed the contract of admission. This section shall not apply to any person when the physician and surgeon of that person has determined that the person is unable to understand and sign the written statement because of his or her medical condition.
No written statement shall contain any provision that is prohibited from being included in a contract of admission.
A new contract of admission or a written statement which lists the modifications need not be signed by the person, or his or her legal representative, responsible party, or agent, in the case of a transfer during a bedhold period.
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(Added by Stats. 1990, Ch. 353, Sec. 1.)
If someone already has a short admission contract with a nursing or care facility and wants to re-enter for respite care, they don't need to sign a new contract. Instead, they can sign a statement listing any changes to the original contract. This statement, noting the date of signature, is kept with the original file.
This rule doesn't apply if the person has been declared legally unable to understand or sign due to incompetence or a medical condition.
A person who seeks to be admitted to the same skilled nursing facility or intermediate care facility to receive respite care services for which there already exists a prior executed abbreviated contract of admission which was signed by that person, or his or her legal representative or responsible party, in accordance with this chapter shall not be required to execute a new abbreviated contract of admission if the person, or his or her legal representative or responsible party, either prior to or upon admission, signs a written statement prepared by the facility which lists the modifications to the abbreviated contract of admission.
The written statement shall indicate the date upon which the person’s signature was obtained. The written statement shall be kept on file by the facility with the person’s previously signed abbreviated contract of admission.
This section shall not apply to any person who has been declared legally incompetent subsequent to the time he or she signed the abbreviated contract of admission. This section shall not apply to any person when the physician and surgeon of that person has determined that the person is unable to understand and sign the written statement because of his or her medical condition.
respite care services skilled nursing facility intermediate care facility abbreviated contract of admission legal representative responsible party written statement modifications to contract legally incompetent medical condition physician determination admission process care facility procedures repeat admission signature requirement
(Added by Stats. 1990, Ch. 1329, Sec. 6. Effective September 26, 1990.)
This law requires any admission contract for a facility to clearly state if the facility is part of the Medi-Cal program, ensuring that potential residents or their families are informed about this important aspect of the facility's services.
Every contract of admission shall clearly and explicitly state whether the facility participates in the Medi-Cal program.
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(Added by Stats. 1987, Ch. 625, Sec. 1.)
This law requires that any admission contract for a facility clearly lists the services and supplies included in the basic daily rate as well as optional services and their charges. Residents must receive monthly statements detailing all charges.
Facilities participating in Medicare or Medi-Cal programs must specify that optional services for these residents might differ from those for private pay residents and provide a list of optional Medi-Cal services if a resident switches to Medi-Cal.
Furthermore, facilities are mandated to give at least a 30-day written notice to residents for any increase in optional service charges or daily room rates, unless another provision applies.
(a)CA Health and Safety Code § 1599.67(a)
Every contract of admission shall state clearly what services and supplies are covered by the facility’s basic daily rate. In addition, the agreement shall specify in detail which services are optional, and the charges for these services, and indicate that residents will receive monthly statements itemizing all charges incurred by them.
(b)CA Health and Safety Code § 1599.67(b)
The contract of a facility that is a provider pursuant to Medicare, or Medi-Cal, or both, shall state that optional and covered services may be different for residents in those programs than for private pay residents. When a resident converts from Medicare or private pay to Medi-Cal, the facility shall give the resident a form listing Medi-Cal optional and covered services.
(c)CA Health and Safety Code § 1599.67(c)
Every contract of admission shall clearly state that the facility is required by law to provide no less than 30 days written notice to the residents of any increase for optional services or in the daily room rate charged by the facility, except as provided in subdivision (b) of Section 1288.
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(Added by Stats. 1987, Ch. 625, Sec. 1.)
This law requires long-term health care facilities to specify in the admission contract if they will charge interest on late payments. They must clearly indicate both the interest rate and how it is calculated.
Any long-term health care facility that imposes interest charges on delinquent accounts shall clearly state in the contract of admission the rate of interest so charged and the method of computation.
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(Added by Stats. 1987, Ch. 625, Sec. 1.)
This law states that a contract for admitting someone into a long-term health care facility certified by Medi-Cal must clearly indicate that residents or their representatives cannot be forced to pay privately while Medi-Cal is expected to cover their stay. Once the resident shows proof of Medi-Cal eligibility, the facility must file a claim with Medi-Cal and refund any payments made by the resident or on their behalf for services covered by Medi-Cal. The contract must also state that the facility cannot require the resident to pay privately for a specific period as a condition of admission.
Furthermore, the facility cannot include a requirement in the contract demanding that residents notify them of their intention to switch to Medi-Cal before applying for it. However, while a facility can ask for notice after admission, it cannot make this a pre-condition.
(a)CA Health and Safety Code § 1599.69(a)
The contract of admission for any long-term health care facility that is a Medi-Cal certified facility shall state in bold capital letters of not less than 10-point type that neither the prospective resident, nor his or her representative, may be required to pay privately for any period during which the resident has been approved for payment by Medi-Cal, and that as provided by Section 14019.3 of the Welfare and Institutions Code, upon presentation of the Medi-Cal card or other proof of eligibility, the facility shall submit a Medi-Cal claim for reimbursement, subject to the rules and regulations of the Medi-Cal program, and the facility shall return any and all payments made by the beneficiary, or any person on behalf of the beneficiary, for Medi-Cal program covered services upon receipt of Medi-Cal payment. The contract shall state in bold capital letters of not less than 10-point type that no certified facility may require as a condition of admission, either in its contract of admission or by oral promise prior to signing the contract, that residents remain in private pay status for a specified period of time.
(b)CA Health and Safety Code § 1599.69(b)
No contract of admission may require notice of a resident’s intent to convert to Medi-Cal status prior to the date of the resident’s application for Medi-Cal status. This subdivision does not preclude the facility from requesting notice from a resident who has been admitted.
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(Added by Stats. 1987, Ch. 625, Sec. 1.)
This law states that if you are a Medi-Cal beneficiary applying to a healthcare facility, you cannot be asked to pay a security deposit during admission.
Additionally, if you initially pay privately and transition to Medi-Cal coverage, any security deposit you paid must be refunded to you within 14 days after your private account is closed or after your first Medi-Cal payment, whichever is later, without any deductions for administrative costs.
(a)CA Health and Safety Code § 1599.70(a)
No contract of admission may require a security deposit from a Medi-Cal beneficiary who applies for admission to the facility as a Medi-Cal patient.
(b)CA Health and Safety Code § 1599.70(b)
Any security deposit from a person paying privately upon admission shall be returned within 14 days of the private account being closed, or first Medi-Cal payment, whichever is later, and with no deduction for administration or handling charges.
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(Added by Stats. 1987, Ch. 625, Sec. 1.)
This law states that a nursing home or similar facility cannot require a resident to pay for days after they have died or been forced to leave. However, if a resident voluntarily leaves within three days of checking in, they can be charged for up to three days. The law also specifies that a resident doesn’t need to give advance notice before leaving a facility voluntarily.
(a)CA Health and Safety Code § 1599.71(a)
No contract of admission shall require the resident to pay for days beyond the date of his or her death or involuntary discharge from the facility, except that a facility may charge the resident for a maximum of three days at the basic daily rate in the event that the resident is voluntarily discharged from the facility less than three days following his or her admission. This section does not affect the provision for a maximum of seven days’ payment under the bedhold regulation as specified in Section 72520 of Title 22 of the California Administrative Code.
(b)CA Health and Safety Code § 1599.71(b)
No contract of admission shall require advance notice of voluntary discharge from a facility.
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(Added by Stats. 1987, Ch. 625, Sec. 1.)
This law states that when a resident is being admitted to a facility, their admission contract cannot force them to agree to every treatment a doctor might order. It can only require them to consent to regular nursing care or care needed in an emergency. Additionally, the contract must clearly inform patients about their right to refuse treatments according to other specific California regulations.
No contract of admission shall include a clause requiring residents to sign a consent to all treatment ordered by any physician. Contracts of admission may require consent only for routine nursing care or emergency care. The admission contract shall contain a clause which informs the patient of the right to refuse treatments as set forth in paragraph (4) of subdivision (a) of Section 72527 of Title 22 of the California Administrative Code.
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(Added by Stats. 1987, Ch. 625, Sec. 1.)
This law states that any contract for entry into a care facility must clearly state that residents have the right to keep their medical information private. The contract must also include a way for the resident to allow certain people to access their information through an attached form that follows specific legal guidelines. Additionally, care facilities must encourage residents who can make their own health decisions to create advance health care directives. Facilities are also required to provide a list of new residents to a long-term care advocate upon request.
(a)CA Health and Safety Code § 1599.73(a)
Every contract of admission shall state that residents have a right to confidential treatment of medical information.
(b)CA Health and Safety Code § 1599.73(b)
The contract shall provide a means by which the resident may authorize the disclosure of information to specific persons, by attachment of a separate sheet that conforms to the specifications of Section 56 of the Civil Code. After admission, the facility shall encourage residents having capacity to make health care decisions to execute an advance health care directive in the event that he or she becomes unable to give consent for disclosure. The facility shall make available upon request to the long-term care ombudsman a list of newly admitted patients.
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(Amended by Stats. 1999, Ch. 658, Sec. 4. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
This law requires the translation of the Patients’ Bill of Rights into Spanish, Chinese, and other languages for ethnic groups that make up at least 1% of the nursing home population in California, as well as into Braille for blind patients. These translations must be sent to all long-term care facilities across the state.
Additionally, every admission contract in nursing homes must include a complete copy of both the statutory and regulatory Patients’ Bill of Rights in easily readable 12-point type. If a translation is provided, it should be in the resident's language. The contract also must have a separate acknowledgment that the resident has been informed about these rights, and a signature on the entire contract doesn't satisfy this requirement; it needs to be separately acknowledged.
(a)CA Health and Safety Code § 1599.74(a)
The department shall translate both the statutory Patients’ Bill of Rights, as provided in Chapter 3.9 (commencing with Section 1599), the regulatory Patients’ Bill of Rights for Skilled Nursing Facilities (commencing with Section 72527 of Title 22 of the California Administrative Code), and, if appropriate, the regulatory Patients’ Bill of Rights for Intermediate Care Facilities (commencing with Section 73523 of Title 22 of the California Administrative Code), into Spanish and Chinese, and into other languages as needed for ethnic groups representing 1 percent or more of the nursing home population in the state. The department shall also translate the Patients’ Bill of Rights into Braille or have it recorded for the use of blind patients, or both. These translations shall be sent to all long-term health care facilities in the state.
(b)CA Health and Safety Code § 1599.74(b)
Every contract of admission shall contain a complete copy of both the statutory and regulatory Patients’ Bill of Rights. Notwithstanding any other provision of law, the text of the Patients’ Bill of Rights shall be in legible print of no less than 12-point type. If a translation has been provided by the department, the text given to non-English-speaking residents shall be in their language.
(c)CA Health and Safety Code § 1599.74(c)
The contract shall also contain a separate written acknowledgement that the resident has been informed of the Patients’ Bill of Rights.
Written acknowledgement by the resident or the resident’s representative must be made either on a separate document or in the agreement itself next to the clause informing the resident of these regulatory rights. Written acknowledgement by use of the signature on the agreement as a whole does not meet this requirement.
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(Amended by Stats. 2002, Ch. 550, Sec. 1. Effective January 1, 2003.)
This law requires that when residents enter a care facility, their admission contract should clearly state that the facility rules are reasonable and there is a way for residents to suggest changes. The contract must also inform residents that there's a procedure to address complaints about how the facility operates and a grievance form that includes contact details for the local long-term care ombudsman and the State Department of Public Health. Furthermore, residents should be aware of their right to reach out to these entities for assistance with any grievances.
(a)CA Health and Safety Code § 1599.75(a) When referring to a resident’s obligation to observe facility rules, the contract of admission shall indicate that the rules must be reasonable, and that there is a facility procedure for suggesting changes in the rules.
(b)CA Health and Safety Code § 1599.75(b) The contract of admission shall specify that a copy of the facility grievance procedure, for resolution of resident complaints about facility practices, is available.
(c)CA Health and Safety Code § 1599.75(c) The agreement shall also inform residents of their right to contact the State Department of Public Health or the long-term care ombudsman, or both, regarding grievances against the facility.
(d)CA Health and Safety Code § 1599.75(d) The
facility’s grievance form shall include contact information for the local long-term care ombudsman and the State Department of Public Health, and instructions on how to file a grievance with both entities.
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(Amended by Stats. 2022, Ch. 577, Sec. 3. (AB 895) Effective January 1, 2023.)
This law section stipulates that contracts for admission to long-term care facilities cannot include reasons for involuntary transfer or discharge unless those reasons are specified in federal or state laws. It also requires that these contracts declare that facilities participating in the Medi-Cal program cannot transfer or evict residents just because they switch from private or Medicare payment to Medi-Cal.
(a)CA Health and Safety Code § 1599.76(a)
No contract of admission shall list any ground for involuntary transfer or discharge of the resident except those grounds which are specifically enumerated in either federal or state law.
(b)CA Health and Safety Code § 1599.76(b)
Every contract of admission to a long-term health care facility that participates in the Medi-Cal program shall state that the facility may not transfer or seek to evict any resident solely as a result of the resident changing his or her manner of purchasing the services from private payment or Medicare to Medi-Cal.
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(Added by Stats. 1987, Ch. 625, Sec. 1.)
This law ensures that nursing home or care facility contracts can only mention significant or dishonest misrepresentation of finances as reasons for evicting a resident.
Additionally, it requires that all such contracts inform residents that they can file a complaint with the State Long-Term Care Ombudsman or the relevant department if they receive a discharge notice based on these financial misrepresentations.
With respect to transfer or eviction of a resident pursuant to Section 1439.7:
(a)CA Health and Safety Code § 1599.77(a)
Contracts of admission shall speak only of “material” or “fraudulent” misrepresentation of finances as possible grounds for discharge under that section.
(b)CA Health and Safety Code § 1599.77(b)
All contracts of admission shall state that the resident may file a complaint with the Office of the State Long-Term Care Ombudsman, or the department, or both, regarding any notice of discharge for material or fraudulent misrepresentation.
nursing home eviction resident discharge financial misrepresentation fraudulent misrepresentation admission contracts complaint filing State Long-Term Care Ombudsman discharge notice eviction grounds resident rights care facility complaint procedures Section 1439.7 compliance
(Added by Stats. 1987, Ch. 625, Sec. 1.)
This law ensures that residents of long-term health care facilities in California cannot be forced to leave the facility without proper notice, except in emergencies. Residents must receive written notice explaining why they are being moved or discharged. Additionally, if the facility participates in Medi-Cal, residents won't be moved just because their payment method changes from private payment or Medicare to Medi-Cal, except potentially moving from a private room to a semiprivate one. Facilities must inform eligible residents about the Long-Term Care Medi-Cal program and any associated costs. Any cases of involuntary discharge must be reported to the State Long-Term Care Ombudsman, and the law aligns with federal regulations.
(a)CA Health and Safety Code § 1599.78(a) A contract of admission shall state that, except in an emergency, a resident may not be involuntarily transferred or discharged from a long-term health care facility unless the resident and, if applicable, the resident’s representative, are given reasonable notice in writing and transfer or discharge planning as required by law. The written notice shall meet both of the following conditions:
(1)CA Health and Safety Code § 1599.78(a)(1) The notice shall state the reason for the transfer or discharge.
(2)CA Health and Safety Code § 1599.78(a)(2) The notice shall include the following statement:
“At the time of admission, this facility is an enrolled provider with the following: ____ Medi-Cal
____ Medicare.
If we participate in Medi-Cal, you will not be discharged from the facility or transferred within the facility, solely as a result of changing your manner of purchasing the services from private payment or Medicare to Medi-Cal, except for a potential transfer within the facility from a private room to a semiprivate room.
If we participate in Medi-Cal, you may be eligible for the Long-Term Care Medi-Cal program to help pay for your stay in the facility. For more information, refer to the attached notice DHCS 7077, Notice Regarding Standards for Medi-Cal Eligibility, from the State Department of Health Care Services. Medi-Cal, Medicare, or a private payor may require that the resident pay a copayment, coinsurance, or a deductible, all of which the facility considers to be the resident’s share of cost.”
(b)CA Health and Safety Code § 1599.78(b) The facility shall promptly notify the Office of the State Long-Term Care Ombudsman in every case of involuntary discharge as specified in Section 1439.7.
(c)CA Health and Safety Code § 1599.78(c) The provisions of this section are intended to be consistent with federal law and regulations.
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(Amended by Stats. 2024, Ch. 339, Sec. 2. (SB 1354) Effective January 1, 2025.)
This law requires that when a resident in a healthcare facility is transferred to a hospital for up to seven days, the facility must offer to hold their bed. The resident or their representative must be informed of this option at the time of transfer. They have 24 hours to request that the facility holds the bed. If the facility doesn't follow these steps, it must offer the resident the next available suitable bed. Additionally, it is communicated that Medi-Cal will cover bedhold costs for up to seven days.
Every contract of admission shall meet the requirements of Section 72520 of Title 22 of the California Administrative Code, which requires that the facility offer to hold a bed for the resident in the event the resident must be transferred to an acute care hospital for seven days or less. The facility shall also give the resident, or a representative for the resident, notice of the rights to a bedhold at the time of transfer. The resident or representative for the resident has 24 hours from receipt of notice to request the bedhold. The contract of admission shall state that the facility shall offer the next available appropriate bed to the resident in the event the facility fails to follow this required procedure. The facility shall inform the resident that Medi-Cal will pay for up to seven bedhold days.
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(Added by Stats. 1987, Ch. 625, Sec. 1.)
If a facility wants to take a photo of a resident for reasons other than identification or health care, they need to get the resident's permission. This permission must be on a separate document from the admission contract, clearly stating how the photo will be used.
Facilities that wish to photograph a resident for other than staff identification or health care purposes shall obtain permission from the resident whether for one photograph or for multiple photographs for one particular purpose on a document separate from the admission contract as a whole. This document shall describe the specific use to be made of the photograph and indicate that the photograph will be used only for that purpose.
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(Added by Stats. 1987, Ch. 625, Sec. 1.)
This law is about how arbitration clauses should be handled in admission contracts for healthcare facilities. It states that agreeing to arbitration must not be a condition for receiving medical care or being admitted to a facility. Any arbitration clauses should be on a separate form from the main contract, and there should be space for applicants to sign if they agree to arbitration. If there are clauses about medical malpractice claims, they must be separate from other arbitration clauses, and each needs its own signature. Additionally, the arbitration form must inform patients that they still have the right to sue for violations of the Patient’s Bill of Rights, even if they sign the arbitration agreement.
(a)CA Health and Safety Code § 1599.81(a)
All contracts of admission that contain an arbitration clause shall clearly indicate that agreement to arbitration is not a precondition for medical treatment or for admission to the facility.
(b)CA Health and Safety Code § 1599.81(b)
All arbitration clauses shall be included on a form separate from the rest of the admission contract. This attachment shall contain space for the signature of any applicant who agrees to arbitration of disputes.
(c)CA Health and Safety Code § 1599.81(c)
On the attachments, clauses referring to arbitration of medical malpractice claims, as provided for under Section 1295 of the Code of Civil Procedure, shall be clearly separated from other arbitration clauses, and separate signatures shall be required for each clause.
(d)CA Health and Safety Code § 1599.81(d)
In the event the contract contains an arbitration clause, the contract attachment pertaining to arbitration shall contain notice that under Section 1430, the patient may not waive his or her ability to sue for violation of the Patient’s Bill of Rights.
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(Added by Stats. 1987, Ch. 625, Sec. 1.)
This law states that when someone is admitted to a facility, the contract they sign cannot change the legal deadline for filing a lawsuit against that facility. In other words, the standard time limits for starting legal action must remain the same and can't be shortened or extended by anything in the admission contract.
No contract of admission shall include a clause that purports to alter the statutory period for filing an action against a facility.
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(Added by Stats. 1987, Ch. 625, Sec. 1.)
This law states that if an admission contract includes a clause about paying attorney’s fees, it must specify that the winning side in any dispute about the contract gets to have their attorney’s fees paid.
If a provision for the payment of attorney’s fees is included in the admission contract, it shall state that in disputes arising from the admission contract, the prevailing party shall be entitled to attorney’s fees.
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(Added by Stats. 1987, Ch. 625, Sec. 1.)
This law applies to people who move into skilled nursing and intermediate care facilities from January 1, 1988, onwards. It doesn't force existing residents who were there before this date to sign new admission agreements. However, these residents must be informed about any updates or changes to their admission contracts.
This chapter applies to new admissions to skilled nursing and intermediate care facilities on and after January 1, 1988. This chapter shall not be construed to require the execution of new admission agreements for patients who were residing in those facilities prior to the enactment of this chapter. However, those patients shall be given notice of changes in admission contracts pursuant to this chapter.
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(Amended by Stats. 1988, Ch. 160, Sec. 98.)