Cal. Code Regs. tit. 22 § 87218

Current through Register 2024 Notice Reg. No. 45, November 8, 2024

Section 87218 - Theft and Loss

(a) The licensee shall ensure an adequate theft and loss program as specified in Health and Safety Code Section 1569.153.

(1) The initial personal property inventory shall be completed by the licensee and the resident or the resident's representative.

(2) A licensee who fails to make reasonable efforts to safeguard resident property, shall reimburse a resident for or replace stolen or lost resident property at its current value. The licensee shall be presumed to have made reasonable efforts to safeguard resident property if there is clear and convincing evidence of efforts to meet each requirement specified in Section 1569.153.

(A) A civil penalty shall be levied if the licensee or facility staff have not implemented a theft and loss program, or if the licensee has not shown clear and convincing evidence of its efforts to meet all of the requirements set forth in Section 1569.153.

(3) The facility contract of admission, including all documents a resident or his or her representative must sign as a condition of admission, shall not require or suggest a lesser standard of responsibility for the personal property of residents than the law requires.

Cal. Code Regs. Tit. 22, § 87218

1. Change without regulatory effect renumbering section 87402 to section 87218 filed 11-17-88 (Register 88, No. 49). For prior history, see Register 88, No. 30.
2. Amendment of subsection (a) filed 11-18-88; operative 12-18-88 (Register 88, No. 49).
3. Amendment of subsections (a)(2) and (a)(9) and NOTE filed 1-16-92; operative 1-16-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 12).
4. Amendment of subsection (a)(4), new subsection (a)(5), subsection renumbering and amendment of NOTE filed 10-4-2000; operative 11-3-2000 (Register 2000, No. 40).
5. Amendment of subsection (a)(2), repealer of subsections (a)(10)-(a)(10)(B), new subsection (a)(10) and amendment of NOTE filed 3-12-2001; operative 3-12-2001 pursuant to Government Code section 11343.4 (Register 2001, No. 11).
6. Change without regulatory effect amending subsections (a) and (a)(17) and amending NOTE filed 6-29-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 26).
7. Amendment of subsections (a) and (a)(14) and amendment of NOTE filed 12-29-2003 as an emergency; operative 1-1-2004 (Register 2004, No. 1). A Certificate of Compliance must be transmitted to OAL by 4-30-2004 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 12-29-2003 order transmitted to OAL 4-30-2004 and filed 6-10-2004 (Register 2004, No. 24).
9. Change without regulatory effect renumbering section 87218 to new section 87155 and renumbering section 87227.1 to section 87218 filed 3-5-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 10).

Note: Authority cited: Section 1569.30, Health and Safety Code. Reference: Sections 1569.152, 1569.153 and 1569.154, Health and Safety Code.

1. Change without regulatory effect renumbering section 87402 to section 87218 filed 11-17-88 (Register 88, No. 49). For prior history, see Register 88, No. 30.
2. Amendment of subsection (a) filed 11-18-88; operative 12-18-88 (Register 88, No. 49).
3. Amendment of subsections (a)(2) and (a)(9) and Note filed 1-16-92; operative 1-16-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 12).
4. Amendment of subsection (a)(4), new subsection (a)(5), subsection renumbering and amendment of Note filed 10-4-2000; operative 11-3-2000 (Register 2000, No. 40).
5. Amendment of subsection (a)(2), repealer of subsections (a)(10)-(a)(10)(B), new subsection (a)(10) and amendment of Note filed 3-12-2001; operative 3-12-2001 pursuant to Government Code section 11343.4 (Register 2001, No. 11).
6. Change without regulatory effect amending subsections (a) and (a)(17) and amending Note filed 6-29-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 26).
7. Amendment of subsections (a) and (a)(14) and amendment of Note filed 12-29-2003 as an emergency; operative 1-1-2004 (Register 2004, No. 1). A Certificate of Compliance must be transmitted to OAL by 4-30-2004 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 12-29-2003 order transmitted to OAL 4-30-2004 and filed 6-10-2004 (Register 2004, No. 24).
9. Change without regulatory effect renumbering section 87218 to new section 87155 and renumbering section 87227.1 to section 87218 filed 3-5-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 10).