BILL NUMBER: AB 1572 AMENDED
BILL TEXT
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
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 with
resident councils to, among other things, consider the
recommendations of its council and to respond in writing
to within 14 calendar days regarding
any action or inaction taken in response to those
recommendations, or any written requests of the council, within 10
working days 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 regarding
resident councils is not a crime, but would impose a daily
$1,000 $250 civil penalty for
violations 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 consider the recommendations made by a
family council and respond in writing within 10
14 calendar days regarding any action or
inaction taken in response to those recommendations
written concerns or recommendations submitted by the
family council . The bill would require a facility to provide
specified notice regarding the existence of , or
ability to right to, form a family council
and would require the facility to post the provisions of law
governing family councils in a prominent place . 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. Because
a violation of these provisions regarding family councils would be
punishable as a misdemeanor, the bill would impose a state-mandated
local program. 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.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes 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 friends of residents, resident
representatives, advocates, or long-term care ombudsman program
representatives. Facility staff or others , including long-term
care ombudsman program representati ves, 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) A facility shall consider the recommendations of its resident
council and shall respond in writing regarding any action or inaction
taken in response to those recommendations within 10 working days.
(d) A facility shall respond in writing to any written requests or
concerns of its resident council within 10 working days.
(c) If a resident council submits written concerns or
recommendations, the faculty shall respond in writing regarding any
action or inaction taken in response to those concerns or
recommendations within 14 calendar days.
(e)
(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.
(f)
(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.
(g)
(f) Facilities shall promote resident councils as
follows:
(1) If a facility has a resident council, the facility shall
inform prospective and 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 beds, more,
the facility shall appoint a designated staff person
liaison to assist the resident council, make a
room available for resident council meetings, and provide,
in a prominent place, a bulletin board for on an
existing bulletin board that is prominently placed, resident
council meeting information.
(3) If a facility does not have a resident council, upon
admission, the facility shall provide, both orally and in
writing, provide written information on the
resident's right to form a resident council along with a
copy of this section to the resident, resident's family, friends, or
representative of the resident 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.
(h)
(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, the intentional scheduling of facility events in
conflict with a previously scheduled resident council meeting,
failure to notify present or prospective residents of the existence
of a resident council or their right to form one, 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.
(i)
(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, friends,
and resident representatives.
(j)
(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 facility that violates this section
shall be subject to a daily civil penalty of one
thousand dollars ($1,000) for each day the violation continues
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's
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) The facility shall consider the recommendations made by a
family council and shall respond in writing regarding any action or
inaction taken in response to those recommendations within 10 working
days of receiving the recommendations.
(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 in
monthly billing statements and at least quarterly in other
to family members and resident representatives in routine
mailings, mailings and shall inform
family members, friends, members and
resident representatives of prospective, new,
new and current residents who are identified on
the admissions agreement, agreement
during the admissions process, 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, both orally
and in writing, written information to the
resident's family, friends, family and
representatives 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 residents, more, the
facility shall appoint a designated staff person
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 inform family council members of their right
to be interviewed as part of the regulatory inspection process.
(j) A facility shall post the text of this section with the
heading, "Rights of Family Councils," in a prominent place accessible
to residents and family members, friends, and representatives of
residents.
(k)
(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, the intentional scheduling of facility events in
conflict with a previously scheduled family council meeting, failure
to notify family, friends, or representatives of residents of the
existence of a family council or their right to form one as provided
in this section, 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 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. 3. No reimbursement is required by this
act pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.