BILL NUMBER: AB 1572 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 8, 2014
AMENDED IN ASSEMBLY MARCH 24, 2014
INTRODUCED BY Assembly Member Eggman
(Coauthor: Assembly Member Skinner)
(Coauthor: Senator Block)
JANUARY 30, 2014
An act to amend Sections 1569.157 and 1569.158 of the Health and
Safety Code, relating to residential care facilities for the elderly.
LEGISLATIVE COUNSEL'S DIGEST
AB 1572, as amended, Eggman. Residential care facilities for the
elderly: resident and family councils.
Existing law provides for the licensure and regulation of
residential care facilities for the elderly by the State Department
of Social Services and makes a violation of those provisions
punishable as a misdemeanor, except as specified.
Existing law requires every licensed residential care facility for
the elderly, at the request of a majority of its residents, to
assist the residents in establishing and maintaining a
resident-oriented facility council. Existing law requires the council
to be composed of residents of the facility and authorizes the
inclusion of family members of residents of the facility on the
council. Existing law authorizes the council to, among other things,
make recommendations to facility administrators to improve the
quality of daily living in the facility and negotiate to protect
residents' rights with facility administrators. Existing law
authorizes the assessment of specified civil fines for violations of
this provision.
This bill would instead require every licensed residential care
facility for the elderly, at the request of 2 or more residents, to
assist the residents in establishing and maintaining a single
resident council, as specified. The bill would authorize family
members, resident representatives, advocates, long-term care
ombudsman program representatives, facility staff ,
or others to participate in resident council meetings and activities
at the invitation of the council. The bill would authorize a resident
council to, among other things, make recommendations to facility
administrators to improve the quality of daily living and care in the
facility and to promote and protect residents' rights. The bill
would require facilities to respond in writing within 14 calendar
days regarding any action or inaction taken in response to written
concerns or recommendations submitted by the resident council. The
bill would impose certain requirements on facilities relating to the
promotion of resident councils, as specified. The bill would require
a facility with a resident council and a licensed capacity of 16 or
more residents to appoint a designated staff liaison who shall be
responsible for providing assistance to the resident council, as
specified. The bill would prohibit facilities from willfully
interfering with the formation, maintenance, or promotion of a
resident council, as specified. The bill would require this provision
to be posted in a prominent place, as specified. The bill would
provide that a violation of these provisions is not a crime, but
would impose a daily $250 civil penalty for a violation of these
provisions, as specified.
Existing law prohibits a facility from prohibiting the formation
of a family council, which is defined to mean a meeting of family
members, friends, responsible parties, or agents of 2 or more
residents to confer in private without facility staff.
This bill would authorize facility personnel or visitors to attend
a family council meeting only at the council's invitation and would
require a facility to respond in writing within 14 calendar days
regarding any action or inaction taken in response to written
concerns or recommendations submitted by the family council. The bill
would require a facility to provide specified notice regarding the
existence of, or right to, form a family council. The bill would
require a facility with a family council and a licensed capacity of
16 or more residents to appoint a designated staff liaison who shall
be responsible for providing assistance to the family council, as
specified. The bill would prohibit a facility from willfully
interfering with the formation, maintenance, or promotion of a family
council, or its participation in the regulatory inspection process,
as specified. The bill would provide that a violation of these
provisions is not a crime, but would impose a daily $250 civil
penalty for a violation of these provisions, as specified.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1569.157 of the Health and Safety Code is
amended to read:
1569.157. (a) Every licensed residential care facility for the
elderly, at the request of two or more residents, shall assist the
residents in establishing and maintaining a single resident council
at the facility. The resident council shall be composed of residents
of the facility and may include family members or
facility. Family members, resident representatives,
advocates, or long-term care ombudsman program
representatives. Facility representatives,
facility staff , or others, including
long-term care ombudsman program representatives,
others may participate in resident council meetings and
activities at the invitation of the resident council.
(b) A resident council may, among other things, make
recommendations to facility administrators to improve the quality of
daily living and care in the facility and to promote and protect
residents' rights.
(c) If a resident council submits written concerns or
recommendations, the faculty facility
shall respond in writing regarding any action or inaction taken in
response to those concerns or recommendations within 14 calendar
days.
(d) Facility policies on resident councils shall not limit the
right of residents to meet independently with outside persons or
facility personnel as determined solely by the resident
council .
(e) Each resident council member shall be informed by the facility
of his or her right to be interviewed as part of the regulatory
inspection process.
(f) Facilities shall promote resident councils as follows:
(1) If a facility has a resident council, the facility shall
inform new residents of the existence of the resident council. The
facility shall also provide information on the time, place, and dates
of resident council meetings and the resident representative to
contact regarding involvement in the resident council.
(2) If a facility has a resident council and a licensed capacity
of 16 or more, the facility shall appoint a designated staff liaison
to assist the resident council, make a room available for resident
council meetings, and provide, on an existing bulletin board
that is prominently placed, resident council meeting information.
post meeting information in a central location readily
accessible to residents, relatives, and resident
representatives.
(3) If a facility does not have a resident council, upon
admission, the facility shall provide written information on the
resident's right to form a resident council to the resident and the
resident representative, as indicated in the admissions agreement.
(4) Upon request, and with the permission of the resident council,
the facility shall share the name and contact information of the
designated representative of the resident council with the long-term
care ombudsman program.
(g) A facility shall not willfully interfere with the formation,
maintenance, or promotion of a resident council, or its participation
in the regulatory inspection process. For the purposes of this
subdivision, willful interference shall include, but not be limited
to, discrimination or retaliation in any way against an individual as
a result of his or her participation in a resident council, refusal
to publicize resident council meetings or provide appropriate space
for either meetings or a bulletin board, or failure to respond to
written requests by the resident council in a timely manner.
(h) The text of this section with the heading "Rights of Resident
Councils" shall be posted in a prominent place at the facility
accessible to residents, family members, and resident
representatives.
(i) A violation of this section shall not be subject to the
provisions of Section 1569.40. A violation of this section shall
constitute a violation of resident rights. Notwithstanding
any other law, a A facility that violates this
section shall be subject to a daily civil penalty of two hundred
fifty dollars ($250) until the violation is corrected. A violation
shall be deemed to have been corrected on the date the facility
submits documentation of the correction to the department if the
correction is verified by the department.
SEC. 2. Section 1569.158 of the Health and Safety Code is amended
to read:
1569.158. (a) A residential care facility for the elderly shall
not prohibit the formation of a family council. When requested by a
member of the resident's family or the resident representative, a
family council shall be allowed to meet in a common meeting room of
the facility during mutually agreed upon hours.
(b) Facility policies on family councils shall in no way limit the
right of residents and participants in a family council to meet
independently with outside persons, including members of nonprofit or
government organizations or with facility personnel during
nonworking hours.
(c) "Family council" for the purpose of this section means a
meeting of family members, friends, representatives, or agents as
defined in Section 14110.8 of the Welfare and Institutions Code of
two or more residents to confer in private without facility staff.
(d) Family councils shall be provided adequate space on a
prominent bulletin board or other posting area for the display of
meeting notices, minutes, information, and newsletters.
(e) Facility personnel or visitors may attend a family council
meeting only at the family council's invitation.
(f) If a family council submits written concerns or
recommendations, the facility shall respond in writing regarding any
action or inaction taken in response to the concerns or
recommendations within 14 calendar days.
(g) (1) If a facility has a family council, the facility shall
include notice of the family council and its meetings to family
members and resident representatives in routine mailings and shall
inform family members and resident representatives of new and current
residents who are identified on the admissions agreement during the
admissions process or in the resident's records, of the existence of
the family council, the time and place of meetings of the family
council, and the name of the family council representative.
(2) If a facility does not have a family council, the facility
shall provide, upon admission of a new resident, written information
to the resident's family and or
resident representative of their right to form a family council.
(3) Upon request, and with the permission of the family council,
the facility shall share the name and contact information of the
designated representative of the family council with the long-term
care ombudsman program.
(h) If a facility has a family council and a licensed capacity of
16 or more, the facility shall appoint a designated staff liaison who
shall be responsible for providing assistance to the family council
and responding to written requests that result from family council
meetings.
(i) A facility shall not willfully interfere with the formation,
maintenance, or promotion of a family council, or its participation
in the regulatory inspection process. For the purposes of this
subdivision, willful interference shall include, but shall not be
limited to, discrimination or retaliation in any way against an
individual as a result of his or her participation in a family
council, refusal to publicize family council meetings or provide
appropriate space for meetings or postings as required under this
section, or failure to respond to written requests by a family
council in a timely manner.
(j) A violation of this section shall not be subject to the
provisions of Section 1569.40. A violation of this section shall
constitute a violation of resident rights. Notwithstanding
any other law, a A facility that violates this
section shall be subject to a daily civil penalty of two hundred
fifty dollars ($250) until the violation is corrected. A violation
shall be deemed to have been corrected on the date the facility
submits documentation of the correction to the department if the
correction is verified by the department.