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Does an RCFE Have to Report to DSS If a Resident Goes to the Hospital?

One of the most common points of confusion among RCFE administrators is: “Do I have to report to DSS when a resident goes to the hospital?” The answer is no — not unless the hospitalization involves a reportable event under Title 22. Many facilities have been incorrectly cited for failing to report hospitalizations, even though no law or regulation requires it.

According to Title 22, section 87211 (Reporting Requirements), RCFEs must submit a written report to the Department of Social Services (DSS) within seven days only when specific events occur. These include:

Death of a resident (no matter where it happens, including a hospital or during transport).

Serious injury as determined by a physician that occurred under facility supervision.

Use of an Automated External Defibrillator (AED).

Any incident that threatens the welfare, safety, or health of any resident, such as abuse or an unexplained absence.

Major events like fires, epidemics, or disasters threatening residents’ safety.

A resident simply being sent to the hospital for a medical issue, routine treatment, or ongoing condition (like COPD or heart failure) does not trigger a reporting requirement. The only time hospitalization becomes reportable is if it was caused by an incident at the facility, such as a fall, choking episode, or staff error.

Some evaluators still ask for hospitalization reports, often relying on outdated DSS forms like LIC 624 (Unusual Incident Report) from 1999. However, that form is not referenced in any current regulation and cannot be legally enforced. The Office of Administrative Law makes it clear that state forms are not regulations unless specifically required by law. Therefore, RCFEs cannot be cited for failing to report a resident’s hospitalization unless it falls under one of the reportable categories in Title 22 §87211.

In short: You only report to DSS if there was a death, serious injury, or incident that caused the hospitalization. Sending a resident to the hospital for normal medical care or chronic conditions is not a reportable event.

  1. Comments

    Teena N Hagerman Avatar
    Teena N Hagerman

    Good Answer!