California Code of Regulations
Title 22 - Social Security
Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies
Chapter 3 - Skilled Nursing Facilities
Article 5 - Administration
Section 72516 - Standard Admission Agreement
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) The licensee shall use the California Standard Admission Agreement for Skilled Nursing and Intermediate Care Facilities, form number CDPH 327 (05/11), which is incorporated by reference herein, as the sole contract of admission between residents and the licensee.
(b) Except to enter information specific to the facility or the resident in blank spaces provided in the Standard Admission Agreement form or its attachments, the licensee shall not alter the Standard Admission Agreement unless directed to do so by the Department. A licensee wishing to receive direction from the Department that would enable the licensee to alter the Standard Admission Agreement shall submit a request to the Department. The request shall:
(c) No resident or his or her legal representative shall be required to sign any other document at the time of, or as a condition of, admission to the licensee's facility, or as a condition of continued stay in the facility.
(d) The licensee shall not present any arbitration agreement to a prospective resident as a part of the Standard Admission Agreement. Any arbitration agreement shall be separate from the Standard Admission Agreement and shall contain the following advisory in a prominent place at the top of the proposed arbitration agreement, in bold-face font of not less than 12 point type: "Residents shall not be required to sign this arbitration agreement as a condition of admission to this facility."
1. New section filed 7-6-2005; operative 1-2-2006 (Register 2005, No. 27).
2. Amendment of subsections (a)-(b), new subsections (b)(1)-(4) and last paragraph and amendment of NOTE filed 9-29-2011; operative 9-29-2011 pursuant to Government Code section 11343.4(c); section operative 3-29-2012 per agency amendment (Register 2011, No. 39).
3. Change without regulatory effect amending subsection (d) and NOTE filed 5-27-2015 pursuant to section 100, title 1, California Code of Regulations (Register 2015, No. 22).
Note: Authority cited: Sections 1275 and 131200, Health and Safety Code. Reference: Sections 1276, 1430, 1599.60, 1599.61, 1599.64, 1599.81, 123222.1, 131050, 131051 and 131052, Health and Safety Code; Parkside Special Care Center, Inc., et al. v. Sandra Shewry, Director of the Department of Health Services, et al., Superior Court of the State of California, County of San Diego, case number GIC: 860574; and Valley View Health Care Inc., et al. v. Ronald Chapman, M.D., Director of the California Department of Public Health, et al., (E.D. Cal. 2014) 992 F.Supp.2d 1016.
