Key points
- Neither heart failure nor COPD is named as a restricted or prohibited condition in California's care home rules.
- Homes must observe residents and report changes such as unusual weight gain to the doctor.
- A low-salt or other modified diet prescribed by a doctor is a basic service a home must provide.
- Oxygen is a restricted service: the resident runs the equipment, or a licensed professional gives it.
- Ask each home what it would do, and whom it would call, when breathing or swelling gets worse.
What are heart failure and COPD?
MedlinePlus, from the National Library of Medicine, says heart failure means the heart cannot pump enough oxygen-rich blood to meet the body's needs. It does not mean the heart has stopped. Symptoms can include shortness of breath, fatigue, and swelling and weight gain from fluid in the ankles, lower legs or belly.
COPD, or chronic obstructive pulmonary disease, is described by MedlinePlus as a group of lung diseases that make it hard to breathe and get worse over time. Symptoms can include frequent coughing, wheezing, shortness of breath and fatigue.
The two share a page here because they raise the same questions about a care home: who watches for changes from day to day, who handles oxygen, and what happens when the condition gets worse. Treatment questions belong with the cardiologist or lung doctor.
Can a California care home accept someone with heart failure or COPD?
Assisted living communities and board and care homes, licensed in California as residential care facilities for the elderly (RCFEs), provide care and supervision, not nursing care. Title 22 lists restricted health conditions in section 87612 and prohibited ones in section 87615. Neither list names heart failure or COPD. Our guide to health conditions assisted living can accept walks through both.
Two services that often go with these conditions are on the restricted list: oxygen, and the use of an intermittent positive pressure breathing machine. A home may care for a resident who needs them only under the conditions written for each. Behind everything sits one firm limit in section 87455: no one who requires 24-hour skilled nursing care may be admitted or kept.
A home also decides for itself. Section 87464 says a facility need not accept a particular resident, so one home may say yes to a parent with heart failure and the next may say no.
Who watches for changes from day to day?
MedlinePlus notes that people with heart failure need to pay close attention to symptoms, because the condition can worsen suddenly. In a care home, part of that watching falls to staff, and the regulations say so in general terms. Section 87466 requires a home to observe residents regularly for changes. When staff see changes such as unusual weight gains or losses, or a decline in a physical health condition, the home must document them and bring them to the attention of the resident's physician and responsible person.
The regulations do not say how often to weigh a resident or check for swelling. That comes from the doctor's orders. If the doctor wants a daily weight, a fluid limit or a call when a number is crossed, ask the home whether its staff will do that, where they write it down, and who makes the call. Get the answer before move-in, and ask for it to be written into the care plan.
Title 22 divides the common tasks this way:
| Care need | What Title 22 says |
|---|---|
| Watching for swelling, weight change, shortness of breath | Staff must observe, document changes and tell the physician (section 87466). |
| Pills and inhalers the doctor prescribed for self-administration | Staff may assist the resident with self-administration (section 87465). |
| As-needed medications | Staff may assist under the physician's written directions; extra steps apply when a resident cannot say what he or she needs (section 87465). |
| Low-salt or other modified diet | A basic service when a doctor prescribes it as a medical necessity (section 87464). |
| Oxygen | Restricted (section 87618): the resident operates it, or a skilled professional gives intermittent oxygen. |
| Breathing machine (IPPB) | Restricted (section 87619): the resident operates it, or a skilled professional operates and cares for it. |
| Injections | Given by the resident or a skilled professional (section 87629). |
What about a low-salt diet and fluid limits?
MedlinePlus says most treatment plans for heart failure include eating less sodium and drinking less liquid to control fluid buildup. Title 22, section 87464, lists low salt or other modified diets prescribed by a doctor as a medical necessity among the basic services every home must provide.
So the diet itself is not optional for the home. How a kitchen carries it out varies from home to home. Ask to see a week of menus, ask how the cook keeps one resident's plate low in salt, and read our guide to special diets in assisted living. If the doctor has set a fluid limit, ask how staff would keep track of it.
Can a resident use oxygen in assisted living?
MedlinePlus lists oxygen therapy among the treatments for severe COPD with low blood oxygen, and says a person may need it all the time or only at certain times. In a California RCFE, section 87618 allows oxygen in two situations. In the first, the resident is mentally and physically able to operate the equipment, can tell when he or she needs oxygen, and can administer it alone. In the second, an appropriately skilled professional, such as a nurse or respiratory therapist, gives intermittent oxygen.
The home has duties too. It must report in writing to the local fire authority that oxygen is in use, post warning signs, prohibit smoking where oxygen is in use, and see that staff know how the equipment works. Liquid oxygen needs prior approval from the licensing agency. Our guide to oxygen in assisted living covers this in full.
The question to think about ahead of time is what happens if your parent can no longer manage the equipment alone, for example because of memory loss. At that point the rule calls for a skilled professional, and the home has to decide whether it can arrange that.
When do heart failure or COPD needs outgrow a care home?
Title 22 requires a home to call 911 immediately when a resident faces an imminent threat to health. After a hospital stay or any significant change in condition, the home must update its appraisal, and it may decide it can no longer meet the person's needs. These are points to ask about before move-in:
- Who decides that a resident who came back from the hospital can return, and what do you need from the hospital first?
- If my mother can no longer operate her oxygen, who would give it?
- Do you have a nurse on staff, or do you rely on home health agencies?
- Which staff are on at night, and what are they told to do when a resident is short of breath?
If the answer is that your parent now needs nursing care around the clock, the law does not let an RCFE keep him or her, and our guide on when assisted living is not enough explains the options. Hospice is a separate route for a person who is terminally ill. For a parent who also has kidney failure, see assisted living and dialysis.
How Hamssa can help
Hamssa Benrekia is a senior living placement specialist in Torrance with a background in hospice, palliative care and home health. She can talk through your parent's needs and point to licensed homes in the South Bay and Harbor area that say they care for residents with heart or lung conditions, from large communities to six-bed homes: see assisted living placement. She goes on the tours with you. What a home may accept is decided by the home, the doctor and the state, not by her. To talk it through, contact Hamssa, or start with the California Assisted Living Placement Guide.
Common questions
Can someone with congestive heart failure live in assisted living in California?
Yes, in many cases. Heart failure is not on the restricted or prohibited lists in Title 22, sections 87612 and 87615. A home's staff may assist with medications, provide a low-salt diet a doctor prescribes, and must observe the resident and report changes to the physician. A person who requires 24-hour skilled nursing care may not be admitted or kept, and each home decides what it can manage.
Will care home staff weigh my parent every day?
Only if the home agrees to. California's regulations require staff to observe residents and to document and report changes such as unusual weight gain to the physician, but they do not set how often a resident is weighed. If the doctor has ordered daily weights, show the order to the home, ask who will do it and who gets called, and ask for it to be written into the care plan.
Can a person with COPD on oxygen live in a board and care home?
Yes, under Title 22, section 87618. Either the resident is mentally and physically able to operate the oxygen equipment, decide when it is needed and administer it alone, or an appropriately skilled professional gives intermittent oxygen. The home must notify the local fire authority in writing, post signs and prohibit smoking where oxygen is in use. Liquid oxygen needs prior approval from the licensing agency.
Does a care home have to provide a low-sodium diet?
When a doctor prescribes it as a medical necessity, yes. Title 22, section 87464, lists three meals and snacks a day, including low salt or other modified diets prescribed by a doctor, among the basic services a licensed home must provide. Ask to see menus and ask how the kitchen prepares one resident's meals differently from the rest.
Sources
Official pages this page relies on. Rules and programs change, so check the source for the current version.
- MedlinePlus (National Library of Medicine): Heart Failure
- MedlinePlus (National Library of Medicine): COPD (Chronic Obstructive Pulmonary Disease)
- California Department of Social Services: Title 22, Division 6, Chapter 8, Residential Care Facilities for the Elderly regulations, sections 87555 to 87795 (Word document; health conditions are sections 87605 to 87639, oxygen is section 87618)
- California Department of Social Services: Title 22, Division 6, Chapter 8, Residential Care Facilities for the Elderly regulations, sections 87405 to 87508 (Word document; sections 87455, 87463, 87464, 87465 and 87466)
This guide is general information, not medical, legal or financial advice. Program rules and costs change; confirm details with the agency named in the sources.