Duty to report

When operating an Assisted Living Facility in the state of California there are certain instances when you must report serious incidents to either the Community Care Licensing Division or Law Enforcement agencies, when applicable. See the regulation below to determine when and where these incidents must be reported:

87211 REPORTING REQUIREMENTS 87211

(a) Each licensee shall furnish to the licensing agency such reports as the Department may require, including, but not limited to, the following:

(1) A written report shall be submitted to the licensing agency and to the person responsible for the resident within seven days of the occurrence of any of the events specified in (A) through (D) below. This report shall include the resident’s name, age, sex, and date of admission; date and nature of the event; attending physician’s name, findings, and treatment, if any; and disposition of the case.

(A) Death of any resident from any cause regardless of where the death occurred, including but not limited to a day program, a hospital, en route to or from a hospital, or visiting away from the facility.

(B) Any serious injury as determined by the attending physician and occurring while the resident is under facility supervision.

(C) The use of an Automated External Defibrillator.

(D) Any incident which threatens the welfare, safety, or health of any resident, such as physical or psychological abuse of a resident by staff or other residents, or unexplained absence of any resident.

(2) Occurrences, such as epidemic outbreaks, poisonings, catastrophes, or major accidents which threaten the welfare, safety, or health of residents, personnel, or visitors, shall be reported within 24 hours either by telephone or facsimile to the licensing agency and to the local health officer when appropriate.

(3) Fires or explosions which occur in or on the premises shall be reported immediately to the local fire authority; in areas not having organized fire services, within 24 hours to the State Fire Marshal; and no later than the next working day to the licensing agency.

(b) The licensee shall notify the Department, in writing, within thirty (30) days of the hiring of a new administrator. The notification shall include the following:

(1) Name and residence and mailing addresses of the new administrator. (2) The date he/she assumed his/her position.

(3) Description of his/her background and qualifications, including documentation of required education and administrator certification.

(A) A photocopy of the documentation is acceptable.

(c) Any change in the chief corporate officer of an organization, corporation, or association shall be reported to the licensing agency in writing within fifteen (15) working days following such change. Such notification shall include the name, address, and fingerprint card of the new chief executive officer, as required by Section 87355, Criminal Record Clearance.

Top Takeaway:

  • (2) Occurrences, such as epidemic outbreaks, poisonings, catastrophes, or major accidents which threaten the welfare, safety, or health of residents, personnel, or visitors, shall be reported within 24 hours either by telephone or facsimile to the licensing agency and to the local health officer when appropriate.
    By now, we are well aware of reporting requirements for things such as infectious disease outbreaks, like COVID-19. This reporting requirement could also be related to other incidents such as violence in the community, theft, etc.

 

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