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Licensing and certification

AFL 15-17: ATTACHMENT A

DPH-15-002
Standard Admission Agreement §100
March 23, 2015
Amend Section 72516 to read:
§72516. Standard Admission Agreement.
(a) No change to text.
(b) No change to text.
(c) No change to text.
(d) The licensee shall not present any arbitration agreement to a prospective resident as a part of the Standard Admission Agreement. Any arbitration agreement shall be separate from the Standard Admission Agreement and shall contain the following advisory in a prominent place at the top of the proposed arbitration agreement, in bold-face font of not less than 12 point type: "Residents shall not be required to sign this arbitration agreement as a condition of admission to this facility,  and cannot waive the ability to sue for violation of the Resident Bill of Rights." This section shall become operative six months after the date it is filed with the Secretary of State.
Note: Authority cited: Sections 1275 and 131200, Health and Safety Code. Reference: Sections 1276, 1430, 1599.60, 1599.61, 1599.64, 1599.81, 123222.1, 131050, 131051 and 131052. Health and Safety Code; andParkside Special Care Center, Inc., et al. v. Sandra Shewry, Director of the Department of Health Services, et al., Superior Court of the State of California, County of San Diego, case number GIC: 860574; and Valley View Health Care Inc., et al. v. Ronald Chapman. M.D., Director of the California Department of Public Health. et al., (E.D. Cal. 2014) 992 F.Supp.2d 1016. ​
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