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Violation

California Code § 87632(a)Hospice Waivers

How CCLD inspectors cite this regulation, what providers do to stay clear of it, and where it appears in the public record.

Type B, generalAffects rcfe27 facilities cited in the last 90 days
ℹ️ Educational reference based on public CCLD inspection records. Not legal or compliance advice. Verify requirements with official sources. Full disclaimer →

Regulation text

What California Code § 87632(a) actually says

California Code § 87632(a)

In order to accept or retain terminally ill residents and permit them to receive care from a hospice agency, the licensee shall have obtained a facility hospice care waiver from the Department. To obtain this waiver the licensee shall submit a written request for a waiver to the Department on behalf of any residents who may request retention, and any future residents who may request acceptance, along with the provision of hospice services in the facility. The request shall include, but not be limited to the following:

From the field

What providers tell us about this citation

Based on community experience, not official guidance.

26 California RCFEs were cited for missing hospice waivers. An LPA will compare your resident diagnoses against your approved waivers. File your written request with the Department before admitting any terminally ill resident to avoid a Type B citation.

By the numbers

27*CCLD
facilities cited in the last 90 days

That is 1 in 500 facilities CCLD inspected.

SOURCE

*CCLD: California Community Care Licensing Divisionviolation_citationsUpdated weekly

9*CCLD
counties where this citation appeared

SOURCE

*CCLD: California Community Care Licensing Divisionviolation_citationsUpdated weekly

--*CCLD
rank among most-common citations

SOURCE

*CCLD: California Community Care Licensing Divisionviolation_citationsUpdated weekly

Trajectory
Steady

Last 90 days vs. previous 90 days.

27 facilities were cited for this in the last 90 days. See if yours is one of them.

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What other providers do

Common practices to stay clear of Hospice Waivers

Common practices shared by providers. Confirm requirements with your licensing analyst.

Common practices

What to avoid

  • Allowing a resident to start hospice care before the waiver is officially approved.
  • Failing to update the waiver request when a resident's condition changes to terminal.
  • Misplacing the written waiver documentation during an inspection.

Regional record

Where this citation appeared in the past 90 days

Citation counts and rates by California county, drawn from CCLD inspection records.

Regional citations for Hospice Waivers, last 90 days
CountyCitations
Los Angeles7
San Diego5
Orange4
Alameda3
Santa Clara2
Contra Costa2
Napa1
Riverside1
San Joaquin1

SOURCE

*CCLD: California Community Care Licensing Divisionviolation_citationsUpdated weekly

Public record

Check any facility for § 87632(a)

Free public record. No account needed.

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FAQ

Frequently asked questions

Answers based on public CCLD data and regulation text. May not reflect recent changes.

What is an RCFE hospice waiver violation?
An RCFE hospice waiver violation occurs when an assisted living facility accepts or retains a terminally ill resident without a proper waiver from the state. Title 22, Section 87632(a) mandates that operators submit a written request to the Department before providing hospice services. This ensures your community is equipped to handle the specific care needs of residents at the end of life.
How common are hospice waiver violations in California assisted living?
According to public CCLD inspection records, 26 California RCFEs were cited for failing to obtain a hospice waiver. These 27 citations were spread across 9 counties, with Los Angeles and San Diego having the highest counts. Inspectors classify this as a Type B deficiency. Failing to secure this waiver before admitting a hospice patient is a common administrative oversight.
What happens if my assisted living facility lacks a hospice waiver?
Your facility will receive a Type B citation, which requires an immediate plan of correction. This violation indicates a potential risk to residents because the state has not verified your ability to coordinate hospice care. Type B citations carry civil penalties and remain on your public compliance record. You will need to submit the waiver application right away to resolve the deficiency.
How do I fix or prevent a hospice waiver citation?
You must submit a written waiver request to the California Department of Social Services before a terminally ill resident moves in or begins hospice services. Create a standardized intake process that triggers a waiver application whenever a prospective resident has a terminal illness. Keep copies of all submitted documents in an easily accessible compliance file. This prevents administrative delays.
Does operating without a hospice waiver affect my RCFE license?
Yes, caring for terminally ill residents without the required hospice waiver exceeds the scope of your standard RCFE license. CCLD views this as a serious compliance failure that could trigger increased monitoring or conditions on your license. Maintaining active, approved waivers for all applicable residents ensures your community operates within its licensed capacity and protects resident safety.

Related violations

Other citations in this regulation family

This information is educational and does not constitute legal advice. Consult a licensed residential care compliance consultant for guidance specific to your facility. Citation data is sourced from California Community Care Licensing Division public records and is refreshed regularly.