Effective January 1, 2018, AB 275 (Chapter 185, Statutes 2017) modifies various notice and planning requirements LTC facilities must meet before any changes to a facility’s licensure status or operations that will result in an inability to care for residents.
Prior to a change in the facility licensure status or operations resulting in the inability to care for residents, a facility must:
- Provide 60 days’ notice to residents and the State Long-Term Care Ombudsman (previously 30 days).
- Provide written notification to the Department of Health Care Services (DHCS) and any affected health plan at least 60 days prior to the change, including the names of residents covered by Medi-Cal or a specific health plan.
AB 275 requires the facility to hold a community meeting for residents and their families no later than 30 days after providing residents notice of the change and provide notice of this meeting to residents, their families, and local health authorities.
Under AB 275, LTC facilities must ensure that a licensed marriage and family therapist, licensed clinical social worker, licensed psychologist, licensed psychiatrist, or a licensed professional clinical counselor, and facility nursing staff complete an assessment of the resident’s social and physical functioning before the facility notifies the resident of the transfer. As is currently required, CDPH will not consider an assessment complete unless the assessment provides recommendations for preventing or ameliorating potential adverse health consequences in the event of transfer.
Proposed Relocation Plan
- If the facility is likely to transfer 10 or more residents due to any voluntary or involuntary change of the facility status license or operation, AB 275 requires the facility to submit a proposed relocation plan to CDPH for affected residents at least 30 days prior to providing written transfer notice to any resident.
- AB 275 expands the contents of the relocation plan to include, but not be limited to, all of the following information:
- The number of residents affected by the proposed closure.
- The number of residents who do not have a legal representative and do not have the capacity to make decisions for themselves as described in section 1418.8.
- Attestation that each resident will undergo the required medical assessment.
- The availability of alternative skilled nursing facility beds or other available long-term care beds within the community.
- The reason for the proposed closure.
- The actions the facility is taking to transfer affected residents safely and minimize possible transfer trauma.
- Notice of the community meeting.
- CDPH will approve or reject the relocation plan within 14 working days of receipt.
- CDPH will base approval of the relocation plan on the determination that the plan provides adequate protections to minimize transfer trauma for residents.
Withdrawal of Closure
AB 275 clarifies the facility may withdraw a closure date or resident notification as long as no resident has been relocated.
CDPH’s failure to expressly notify facilities of statutory or regulatory requirements does not relieve facilities of their responsibility for following all laws and regulations. Facilities should refer to the full text of all applicable sections of the HSC and the California Code of Regulations to ensure compliance.
If you have questions, please contact your local Licensing and Certification district office.
Original signed by Jean Iacino