It is very discouraging to inform our students about new Title 22 regulations, only to tell them that the changes are from laws enacted many years before the regulations were updated. For example, the April 1, 2017 revisions to section 87507, Admission Agreements, reflect laws enacted by the legislature in 2003, 2004 and 2010. Regardless of the delay, facilities had to be in compliance with the laws even in the absence of updated regulations. The lay person reading Title 22 for the first time would believe that a rate increase to a resident was a 30-day notice despite the 2003 law changing rate increase notifications to 60 days.
This emphasizes why the Health and Safety Code must be enforced over and above the regulations of the state. Regrettably, many analysts don’t know the law or don’t understand regulations are subject to laws. For example, a Title 22 update in July 2015 allows a person receiving hospice services prior to admission into residential care to be placed without disruption. Unfortunately, it was allowed in 2004, but had analysts denying admissions because Title 22 allegedly denied the admission. That practice was a denial of constitutional and civil rights of clients and licensees.
DSS updated Title 22 twice in May, but, again, it just updated laws already chaptered over four years ago.