Chapter 5.80
NURSING HOMES ADMISSION POLICY
Sections:
5.80.020 Findings and purpose.
5.80.040 Admissions practices.
5.80.050 Admission agreements.
5.80.070 Violations and penalties.
5.80.010 TITLE OF CHAPTER.
This chapter shall be known and may be cited as the Nursing Home Admission Policy Ordinance.
(Ord. 87-20 § 1, 1987).
5.80.020 FINDINGS AND PURPOSE.
There are elderly and disabled residents of Santa Cruz who are in need of long-term skilled or intermediate nursing home care, but who are unable or restricted from obtaining admission to such facilities located in Santa Cruz. It is essential that the admission policies of such facilities be fair, lawful and nondiscriminatory. Further, the decision to enter a long-term care nursing facility is often made in haste and under emotional and financial pressures, resulting in confusion or misunderstanding by applicants and/or their families concerning the terms and conditions under which they are entering the facility. Therefore, the Santa Cruz city council finds and declares it necessary to enact this chapter to protect the applicants and residents of skilled and intermediate care nursing facilities located in Santa Cruz, and to prevent misunderstanding and conflicts between the applicants or residents and such facilities.
(Ord. 87-20 § 1, 1987).
5.80.030 DEFINITIONS.
The following words or phrases, whenever used in this chapter, shall be defined as follows:
(a) “Applicant” means:
(1) An individual who has requested that he or she be admitted to any skilled nursing facility or intermediate care facility, or any person who has made such a request on behalf of another person; or
(2) An individual who has, on his or her own behalf or on behalf of another individual, requested information from a skilled nursing facility or intermediate care facility concerning its admissions policies or has inquired into the likelihood of the admission of a particular individual into such facility.
(b) “Facility” means a skilled nursing facility and/or an intermediate care facility as defined herein.
(c) “Intermediate care facility” means all facilities defined in California Health and Safety Code, section 1250(d) which are located in the city of Santa Cruz.
(d) “Skilled nursing facility” means all facilities defined in California Health and Safety Code, section 1250(c) which are located in the city of Santa Cruz.
(Ord. 87-20 § 1, 1987).
5.80.040 ADMISSIONS PRACTICES.
(a) Admission Denials. All denials of admission to a skilled nursing facility or intermediate care facility shall be based on criteria set forth in the written admissions policy of that facility required by California Administrative Code, Title 22, sections 72521 and 735919. Upon request, a written statement of the reason(s) for the denial shall be provided to the applicant.
(b) Unlawful Bases for Denial of Admission. No applicant shall be denied admission to a facility solely because no other person is willing to:
(1) Accept personal financial liability for any of the facility’s charges;
(2) Promise to oversee the applicant’s business or personal affairs, such as payment of the applicant’s share of the facility’s charges, unless the applicant is unwilling to do so or has demonstrated an inability to do so.
(Ord. 87-20 § 1, 1987).
5.80.050 ADMISSION AGREEMENTS.
No skilled nursing facility or intermediate care facility shall include in its admission agreement(s) any of the following terms or conditions:
(a) A waiver of all liability for loss or theft, of residents’ property or for harm to residents’ health or welfare where the loss or harm is caused by the negligence or intentional act of facility employees;
(b) A requirement that a resident have a co-signer, or any third-party guarantor for payment of the facility’s charges; provided, however, that a facility may ask for, but may not require as a condition of admission, a third-party guarantor for a maximum of sixty days’ worth of charges;
(c) A waiver of any rights guaranteed by federal and/or California law and regulations; or
(d) A waiver of the right to sue the facility; however, an agreement may provide for binding arbitration when the resident and the facility mutually agree to submit a dispute to binding arbitration.
(Ord. 87-20 § 1, 1987).
5.80.060 CONSUMER NOTICES.
Any skilled nursing facility or intermediate care facility shall post a notice in substantially the following form in an obvious and conspicuous location in each resident’s room:
RESIDENTS OF THIS FACILITY MAY CALL THE FOLLOWING OFFICES FOR FREE ADVICE AND ASSISTANCE CONCERNING THEIR RIGHTS AS NURSING HOME RESIDENTS:
1. CALIFORNIA DEPARTMENT OF HEALTH, LICENSING AND CERTIFICATION DIVISION: (Phone Number)
2. OMBUDSMAN/ADVOCATE
(Phone Number)
3. SENIOR CITIZENS’ LEGAL SERVICES
SANTA CRUZ: (Phone Number)
WATSONVILLE: (Phone Number)”
The notice shall be posted so that it can be easily seen and read by all residents of the room.
(Ord. 87-20 § 1, 1987).
5.80.070 VIOLATIONS AND PENALTIES.
(a) Criminal Penalties. A violation of any of the provisions of this chapter shall be a misdemeanor and punishable as provided by this code.
(b) Civil Remedies. Civil actions to enforce this chapter may be brought by the city attorney, district attorney or any other aggrieved party. The plaintiff shall recover damages of not less than $100.00 and not more than $5,000.00 for each violation, and an injunction may be issued to prevent further violations. A prevailing plaintiff shall recover reasonable attorney’s fees and costs.
(Ord. 87-20 § 1, 1987).