Frequently Asked Questions

Title 22, Section 87101(u)(1) defines "universal precautions" as ". . .  an approach to infection control that treats all human blood and body fluids [mucous, saliva, urine, etc.] as if they were infectious."

Title 22, §87101(v)1) a "vendor" means a CCLD-approved ". . . institution, association, individual(s), or other entity that assumes full responsibility or control over a [CCLD]-approved Initial Certification Training Program or a Continuing Education Training Program."

The Evaluator's Manual Transmittal No. 09RM-18, 3-4200, dated 11/2009 states that a "Type A: Immediate Health, Safety or Personal Rights Impact - are violations of the regulations, and the Health and Safety Code that, if not corrected, have a direct and immediate risk to the health, safety or personal rights of those in care."

Pursuant to Transmittal No 09RM-18 dated 11/2009, §3-4200, a "Type B: Potential Health, Safety or Personal Rights Impact - Violations of the regulations and the Health and Safety Code that, without correction, could become an immediate risk to the health, safety or personal rights of clients, or record keeping violation that would impact the care of clients and/or protection of their resources, or a violation that would impact those services required to meet clients' needs."

The Self-Assessment Guide, "Facility Evaluation Process" "Technical Support Program" (TSP 9/02) describes a Type C violation as one that does "not present an immediate or potential threat to the health, safety or personal rights of clients/residents in care and where the Licensee has maintained substantial compliance with regulations. "

Title 22, Division 6, Chapter 8, Section 87468 lists some of the rights residents retain when moving into an assisted living facility.  They are also enumerated in LIC 613C. 

Specifically Title 22 enumerates 18 resident rights including the right to have visitors, including the right to visit privately during reasonable hours, and without prior notice, provided that rights of other residents are not infringed upon.  A facility may not unilaterally restrict a resident’s telephone calls or visitors. 

Having friends, family, business associates and all others requested by the resident to visit is an important aspect of socialization and allowing the resident to remain connected, involved, and feel loved and cared for.  Failures in allowing a resident to have visitors is a violation of the resident’s personal rights, and worse – contributes to an elder’s isolation, depression, and loneliness.

Despite the clarity of Title 22 regarding the resident’s unequivocal right to receive visits by family, friends, ombudsman, advocacy representatives and all others the resident is willing to entertain, issues may arise through actions of a Public Guardian or Conservator.  Generally a Public Guardian or Conservator can restrict visitors to the conserved resident; the legal powers of the Public Guardian or conservator take precedence over Title 22 Section 87468.   

Assert your Rights:   As always, if you feel your resident’s right to have visitors and phone calls is being restricted, document the circumstances, document the facts, and make a prompt complaint to CCL via telephone call to the duty work, or in writing using the LIC802 form, or a letter documenting your allegations and supporting information. 

Notes in italics represent the views and/or experience of CARR regarding this topic and/or regulation.

Any staff may take the vital signs of a resident.  However, if the reading is to be used to determine the need for medication, the reading must be taken by an appropriately skilled professional.  

Title 22, §87101(v)(3), "'voluntary' means resulting from free will."  

Title 22, §87411

Volunteers may be used in RCFEs, but may not be included in the facility staffing plan.  They must be supervised and are not authorized to assist residents with activities of daily living.

A waiver, per Title 22, §87101(w)(1), allows for ". . . variance to a specific regulation based on a facility-wide need or circumstance which is not typically tied to a specific resident or staff persons. Requests for waivers are made to the licensing agency, in advance, by an applicant or Licensee. "

The most common waiver requested is a hospice waiver.  When a facility requests a hospice waiver, it is requesting permission to accept, or retain any resident, at any time in the future, who may require hospice services. The facility must submit a written request for a waiver. Typically, Community Care Licensing (CCL) will approve the waiver if the facility is determined, through a case management visit, to be in substantial compliance.

A waiver is in contrast to an "exception" , which is a variance from the regulations based on a unique need or circumstance of a specific resident or staff person. An exception cannot be transferred or applied to any other individual.