BILL NUMBER: AB 2171 CHAPTERED
BILL TEXT
CHAPTER 702
FILED WITH SECRETARY OF STATE SEPTEMBER 28, 2014
APPROVED BY GOVERNOR SEPTEMBER 28, 2014
PASSED THE SENATE AUGUST 26, 2014
PASSED THE ASSEMBLY AUGUST 27, 2014
AMENDED IN SENATE AUGUST 22, 2014
AMENDED IN SENATE AUGUST 19, 2014
AMENDED IN SENATE JUNE 15, 2014
AMENDED IN ASSEMBLY MAY 23, 2014
AMENDED IN ASSEMBLY MAY 6, 2014
AMENDED IN ASSEMBLY APRIL 21, 2014
INTRODUCED BY Assembly Member Wieckowski
(Coauthor: Assembly Member Yamada)
(Coauthor: Senator Leno)
FEBRUARY 20, 2014
An act to add Article 2.5 (commencing with Section 1569.261) to
Chapter 3.2 of Division 2 of the Health and Safety Code, relating to
care facilities.
LEGISLATIVE COUNSEL'S DIGEST
AB 2171, Wieckowski. Residential care facilities for the elderly.
Existing law, the Residential Care Facilities for the Elderly Act,
provides for the licensure and regulation of residential care
facilities for the elderly by the State Department of Social
Services. A violation of these provisions is a misdemeanor.
This bill would establish specified rights for residents of
privately operated residential care facilities for the elderly,
including, among other things, to be accorded dignity in their
personal relationships with staff, to be granted a reasonable level
of personal privacy of accommodations, medical treatment, personal
care and assistance, and to confidential treatment of their records
and personal information, as specified. The bill would require, at
admission, a facility staff person to personally advise a resident
and the resident's representative, as described, of these and other
specified rights and to provide them with a written copy of these
rights.
By expanding the scope of a crime, this bill would impose a
state-mandated local program.
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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Article 2.5 (commencing with Section 1569.261) is added
to Chapter 3.2 of Division 2 of the Health and Safety Code, to read:
Article 2.5. Resident's Bill of Rights
1569.261. (a) It is the intent of the Legislature in enacting
this article to adopt fundamental rights for all persons residing in
a residential care facility for the elderly, as defined in Section
1569.2, and to ensure that facilities respect and promote these
rights.
(b) In establishing this bill of rights, the Legislature intends
that persons residing in residential care facilities for the elderly
be treated with dignity, kindness, and respect, and that their civil
liberties be fully honored.
(c) A central purpose of the bill of rights is to strengthen a
resident's right to make choices about his or her care, treatment,
and daily life in the facility and to ensure that the resident's
choices are respected. The Legislature intends to enhance each
resident's autonomy and ability to make decisions concerning his or
her life.
(d) The Legislature also intends that each residential care
facility for the elderly provide a safe, comfortable, and homelike
environment for its residents and that it protect residents from
physical or mental abuse, neglect, exploitation, or endangerment.
1569.265. (a) Rights and liberties set forth in this article do
not diminish a resident's constitutional rights or any other rights
set forth in other state or federal laws and regulations. Persons
residing in residential care facilities for the elderly shall
continue to enjoy all of their civil and legal rights.
(b) The provisions of this article apply only to privately
operated residential care facilities for the elderly.
1569.267. (a) At admission, a facility staff person shall
personally advise a resident and the resident's representative of,
and give a complete written copy of, the rights in this article and
the personal rights in Section 87468 of Title 22 of the California
Code of Regulations. The licensee shall have each resident and the
resident's representative sign and date a copy of the resident's
rights, and the licensee shall include the signed and dated copy in
the resident's record.
(b) Licensees shall prominently post, in areas accessible to the
residents and their representatives, a copy of the residents' rights.
(c) The rights posted pursuant to subdivision (b) shall be posted
both in English and in any other language in a facility in which 5
percent or more of the residents can only read that other language.
(d) The licensee shall provide initial and ongoing training for
all members of its staff to ensure that residents' rights are fully
respected and implemented.
1569.269. (a) Residents of residential care facilities for the
elderly shall have all of the following rights:
(1) To be accorded dignity in their personal relationships with
staff, residents, and other persons.
(2) To be granted a reasonable level of personal privacy in
accommodations, medical treatment, personal care and assistance,
visits, communications, telephone conversations, use of the Internet,
and meetings of resident and family groups.
(3) To confidential treatment of their records and personal
information and to approve their release, except as authorized by
law.
(4) To be encouraged and assisted in exercising their rights as
citizens and as residents of the facility. Residents shall be free
from interference, coercion, discrimination, and retaliation in
exercising their rights.
(5) To be accorded safe, healthful, and comfortable
accommodations, furnishings, and equipment.
(6) To care, supervision, and services that meet their individual
needs and are delivered by staff that are sufficient in numbers,
qualifications, and competency to meet their needs.
(7) To be served food of the quality and in the quantity necessary
to meet their nutritional needs.
(8) To make choices concerning their daily life in the facility.
(9) To fully participate in planning their care, including the
right to attend and participate in meetings or communications
regarding the care and services to be provided in accordance with
Section 1569.80, and to involve persons of their choice in the
planning process. The licensee shall provide necessary information
and support to ensure that residents direct the process to the
maximum extent possible, and are enabled to make informed decisions
and choices.
(10) To be free from neglect, financial exploitation, involuntary
seclusion, punishment, humiliation, intimidation, and verbal, mental,
physical, or sexual abuse.
(11) To present grievances and recommend changes in policies,
procedures, and services to the staff of the facility, the facility's
management and governing authority, and to any other person without
restraint, coercion, discrimination, reprisal, or other retaliatory
actions. The licensee shall take prompt actions to respond to
residents' grievances.
(12) To contact the State Department of Social Services, the
long-term care ombudsman, or both, regarding grievances against the
licensee. The licensee shall post the telephone numbers and addresses
for the local offices of the State Department of Social Services and
ombudsman program, in accordance with Section 9718 of the Welfare
and Institutions Code, conspicuously in the facility foyer, lobby,
residents' activity room, or other location easily accessible to
residents.
(13) To be fully informed, as evidenced by the resident's written
acknowledgement, prior to or at the time of admission, of all rules
governing residents' conduct and responsibilities. In accordance with
Section 1569.885, all rules established by a licensee shall be
reasonable and shall not violate any rights set forth in this chapter
or in other applicable laws or regulations.
(14) To receive in the admission agreement a comprehensive
description of the method for evaluating residents' service needs and
the fee schedule for the items and services provided, and to receive
written notice of any rate increases pursuant to Sections 1569.655
and 1569.884.
(15) To be informed in writing at or before the time of admission
of any resident retention limitations set by the state or licensee,
including any limitations or restrictions on the licensee's ability
to meet residents' needs.
(16) To reasonable accommodation of individual needs and
preferences in all aspects of life in the facility, except when the
health or safety of the individual or other residents would be
endangered.
(17) To reasonable accommodation of resident preferences
concerning room and roommate choices.
(18) To written notice of any room changes at least 30 days in
advance unless the request for a change is agreed to by the resident,
required to fill a vacant bed, or necessary due to an emergency.
(19) To share a room with the resident's spouse, domestic partner,
or a person of resident's choice when both spouses, partners, or
residents live in the same facility and consent to the arrangement.
(20) To select their own physicians, pharmacies, privately paid
personal assistants, hospice agency, and health care providers, in a
manner that is consistent with the resident's contract of admission
or other rules of the facility, and in accordance with this act.
(21) To have prompt access to review all of their records and to
purchase photocopies. Photocopied records shall be promptly provided,
not to exceed two business days, at a cost not to exceed the
community standard for photocopies.
(22) To be protected from involuntary transfers, discharges, and
evictions in violation of state laws and regulations. Facilities
shall not involuntarily transfer or evict residents for grounds other
than those specifically enumerated under state law or regulations,
and shall comply with enumerated eviction and relocation protections
for residents. For purposes of this paragraph, "involuntary" means a
transfer, discharge, or eviction that is initiated by the licensee,
not by the resident.
(23) To move from a facility.
(24) To consent to have relatives and other individuals of the
resident's choosing visit during reasonable hours, privately and
without prior notice.
(25) To receive written information on the right to establish an
advanced health care directive and, pursuant to Section 1569.156, the
licensee's written policies on honoring those directives.
(26) To be encouraged to maintain and develop their fullest
potential for independent living through participation in activities
that are designed and implemented for this purpose, in accordance
with Section 87219 of Title 22 of the California Code of Regulations.
(27) To organize and participate in a resident council that is
established pursuant to Section 1569.157.
(28) To protection of their property from theft or loss in
accordance with Sections 1569.152, 1569.153, and 1569.154.
(29) To manage their financial affairs. A licensee shall not
require residents to deposit their personal funds with the licensee.
Except as provided in approved continuing care agreements, a
licensee, or a spouse, domestic partner, relative, or employee of a
licensee, shall not do any of the following:
(A) Accept appointment as a guardian or conservator of the person
or estate of a resident.
(B) Become or act as a representative payee for any payments made
to a resident, without the written and documented consent of the
resident or the resident's representative.
(C) Serve as an agent for a resident under any general or special
power of attorney.
(D) Become or act as a joint tenant on any account with a
resident.
(E) Enter into a loan or promissory agreement or otherwise borrow
money from a resident without a notarized written agreement outlining
the terms of the repayment being given to the resident.
(30) To keep, have access to, and use their own personal
possessions, including toilet articles, and to keep and be allowed to
spend their own money, unless limited by statute or regulation.
(b) A licensed residential care facility for the elderly shall not
discriminate against a person seeking admission or a resident based
on sex, race, color, religion, national origin, marital status,
registered domestic partner status, ancestry, actual or perceived
sexual orientation, or actual or perceived gender identity.
(c) No provision of a contract of admission, including all
documents that a resident or his or her representative is required to
sign as part of the contract for, or as a condition of, admission to
a residential care facility for the elderly, shall require that a
resident waive benefits or rights to which he or she is entitled
under this chapter or provided by federal or other state law or
regulation.
(d) Residents' family members, friends, and representatives have
the right to organize and participate in a family council that is
established pursuant to Section 1569.158.
(e) The rights specified in this section shall be in addition to
any other rights provided by law.
(f) The provisions of this section are severable. If any provision
of this section or its application is held invalid, that invalidity
shall not affect other provisions or applications that can be given
effect without the invalid provision or application.
SEC. 2. 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.