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EDMUND G. BROWN JR.
Governor

State of California—Health and Human Services Agency
California Department of Public Health


AFL 11-15
January 31, 2011


TO:
Skilled Nursing Facilities

SUBJECT:
Contracts of Admissions

AUTHORITY:      Health and Safety Code Sections 1599.64 and 1599.645


This letter is being sent to notify you of statutory mandates established by Assembly Bill 1457 (Davis), Chapter 532, Statutes of 2009, codified as California Health and Safety Code (HSC) Section 1599.64 and 1599.645. The following information represents the requirements set forth by this chaptered legislation as it affects skilled nursing facilities.

Effective January 1, 2010, all contracts of admissions for skilled nursing facilities must include an attachment, placed before any other attachment, disclosing 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.

In addition, within 30 days of approval of a change of ownership by the California Department of Public Health (CDPH), the skilled nursing facility must 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 must disclose the name of the new 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.

The Department’s internet form entitled, "Application Request For a Skilled Nursing Facility or Intermediate Care Facility" (Application Request) is available on the CDPH Licensing and Certification website through the following link:

Application Request for a Skilled Nursing Facility or Intermediate Care Facility

The Application Request contains language which advises facilities of the requirements discussed above. The Department shall accept a copy of the written notice and a copy of the list of individuals and mailing addresses to whom the skilled nursing facility sent the notification as satisfactory evidence that the skilled nursing facility provided the required written notification. Effective the date of this letter, once the Department has approved a change of ownership and the facility has provided the required notifications the facility must send a copy of the written notice, the list of individuals and the mailing addresses where the facility sent the notification to its local Licensing and Certification District Office.

The information in this All Facility Letter is a brief summary of HSC Sections 1599.64 and 1599.645. Facilities should refer to the full text to ensure compliance. CDPH’s failure to expressly notify facilities of legislative changes does not relieve facilities of their responsibility for following all laws and for being aware of all legislative changes.

 

Sincerely,

Original Signed by Pamela Dickfoss

Pamela Dickfoss
Acting Deputy Director

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