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Document Citation:
Cal Health & Saf Code § 1336.3
Header:
CALIFORNIA CODE ANNOTATED
HEALTH AND SAFETY CODE
Division 2. Licensing Provisions
Chapter 2. Health Facilities
Article 8.5. Long-Term Care Facility Advance Notification Requirements
Date:
08/31/2009
Document:
Cal Health & Saf Code § 1336.3 (2010)
§ 1336.3. Requirements in emergency; Written emergency preparedness plan; Transfers under plan
(a) In the event of an emergency, such as earthquake, fire, or flood which threatens the safety or welfare of patients in a facility, the facility shall do all of the following:
(1) Notify, as soon as possible, family members, patients' guardians, the state department, and the ombudsperson for that facility of the emergency and the steps that the facility plans to take for the patient's welfare.
(2) Provide the services set forth in subdivision (a) of Section 1336.2 if further relocation of the patient is necessary.
(3) Undertake prompt medical assessment of, and provide counseling as needed to, patients whose further relocation is not necessary but who have suffered or may suffer adverse health consequences due to the emergency or sudden transfer.
(b) Each facility shall adopt a written emergency preparedness plan and shall make that plan available to the state department upon request. The plan shall comply with the requirements in this section and the state department's Contingency Plan for Licensed Facilities. The facility, as part of its emergency preparedness planning, shall seek to enter into reciprocal or other agreements with nearby facilities and hospitals to provide temporary care for patients in the event of an emergency. The facility shall report to the state department the name of any facility or hospital which fails or refuses to enter into such agreements and the stated reason for that failure or refusal.
Section 1336.2 shall not apply in the event of transfers made pursuant to an emergency preparedness plan. In any event, however, the facility shall provide the notice and services described in subdivisions (a) to (c), inclusive.
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