California law requires a specific written notice before an RCFE can involuntarily discharge a resident. This notice must state the legal grounds, provide appeal rights, include Ombudsman contact information, and give at least 30 days advance notice.
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A written discharge notice is required any time an RCFE initiates an involuntary discharge or transfer, meaning the facility is requiring the resident to leave rather than the resident choosing to leave voluntarily. California requires at least 30 days written notice for most involuntary discharges.
CCR §87224 lists specific permissible grounds for involuntary discharge, including: the resident's care needs exceed the facility's licensed scope; the resident's behavior endangers other residents or staff; the resident has failed to pay after 14 days notice; the facility is closing; or CDSS has ordered the resident transferred. Discharging for any other reason is prohibited.
When a resident's behavior creates an immediate danger to themselves or others, or a physician certifies that the resident requires a higher level of care that cannot safely be delayed, an RCFE may give as little as 3 days written notice. Even in emergency discharges, written notice must be given and the Ombudsman must be notified.
An improper discharge is a serious licensing violation under H&SC §1569.682. It can result in CDSS issuing a civil penalty, requiring a corrective action plan, and potentially taking action against the facility's license. The resident may also have grounds for a complaint with the Long-Term Care Ombudsman.
The notice must be given to the resident personally and to the resident's responsible party or legal representative. Best practice is to document service with a signed acknowledgment or proof-of-service page. If the resident refuses to sign, document the date, time, and circumstances of service with a witness signature.