California Laws: Health and Safety Code Section 1325
Section 1325
The Legislature finds and declares that the transfer trauma
which accompanies the abrupt and involuntary transfer of patients
from one nursing home to another should be avoided when reasonable
alternatives exist.
It is the intent of the Legislature in enacting this article to
provide an alternative by establishing a system whereby the State
Department of Health Services may apply for a court order appointing
a receiver to temporarily operate a long-term health care facility.
The receivership is not intended to punish a licensee or to replace
attempts to secure cooperative action to protect the patients' health
and security. The receivership is intended to protect the patients
in the absence of other reasonably available alternatives.
The receiver may be appointed when a long-term health care
facility is found to be in such condition that continued operation by
the licensee, or his or her representative, presents a substantial
probability or imminent danger of serious physical harm or death to
the patients.
The receiver shall assume the operation of such a facility in
order to either bring it into compliance with law and return it to
the original licensee in accordance with standards set forth in this
article, or facilitate a transfer of ownership to a new licensee.
The receiver shall assure the orderly transfer of patients should the
facility ultimately close.
Section: 1325
