AFL 20-83.1 Compliance Deadline for IDT Patient Representative Participation H&S Code 1418.8

For residents who do not currently have a patient representative participating on an IDT, the facility should make timely and good faith efforts to locate and obtain a patient representative on behalf of the resident. By July 27, 2021, if no patient representative has been selected, a SNF seeking to continue authorized treatment interventions of the IDT shall apply to the superior court for the appointment of a conservator, a health care decision-maker, or a public guardian, pursuant to Probate Code Section 2920, or for an order of medical treatment, pursuant to Probate Code Section 3200. Court intervention sought by a facility for the continuation of IDT medical treatment interventions for a resident should be sought in a timely manner to serve the resident’s best interests and that will not otherwise jeopardize the resident’s health or safety or cause a delay or cessation of necessary medical treatment for a resident.

Compliance

CDPH will verify compliance with requirements of HSC section 1418.8 during periodic surveys and complaint investigations. SNFs and ICFs not complying with the requirements will be subject to enforcement actions. If a SNF or ICF cannot comply with requirements for HSC section 1418.8, the facility shall not use the IDT process to make decisions for a resident. In addition to CDPH enforcement actions, failure to comply by the deadline may result in other legal risks for facilities for which CDPH does not have oversight.

CAHF Legal Counsel has a court date of August 3, 2021, to seek an extension of time to comply. AHIS will keep you informed if there are any changes in the compliance requirements.

Contact AHIS if you need assistance with P&P developments and Performance Measure tools.