Amended
IN
Senate
August 05, 2020 |
Amended
IN
Senate
July 27, 2020 |
Amended
IN
Senate
July 14, 2020 |
Amended
IN
Assembly
June 04, 2020 |
Amended
IN
Assembly
May 20, 2020 |
Introduced by Assembly Member Wood (Coauthor: Assembly Member Fong) |
February 20, 2020 |
Existing law, as part of the Mello-Granlund Older Californians Act, establishes the Office of the State Long-Term Care Ombudsman, under the direction of the State Long-Term Care Ombudsman, in the California Department of Aging. Under existing law, representatives of the office have the right to enter long-term care facilities and to unescorted, unhindered movement within them for the purposes of identifying, hearing, investigating, and resolving complaints, among other specified purposes.
This bill would clarify that in the event of a declared
emergency, a long-term care facility is prohibited from denying entry to a representative of the office.
(a)(1)Representatives of the office shall have the right to enter long-term care facilities and to unescorted, unhindered movement within them for the purposes of identifying, hearing, investigating, and resolving complaints, observing and monitoring conditions of residents and facilities, speaking confidentially with residents, and providing services to assist residents in protecting their health, safety, welfare, and rights. Entry shall be provided at any time deemed necessary and reasonable by the State Ombudsman to effectively carry out this chapter, for any of the purposes described in this subdivision.
(2)In the event of a declared emergency, a long-term care facility
shall not prevent a representative of the office from entering the long-term care facility.
(b)This chapter does not restrict, limit, or increase any existing right of any organizations or individuals not described in subdivision (a) to enter, or provide assistance to patients or residents of, long-term care facilities.
(c)This chapter does not restrict any right or privilege of any patient or resident of a long-term care facility to receive visitors of the patient’s or resident’s choice.
(d)Notwithstanding any other law, a long-term care facility, upon request by a representative of the office, shall provide a roster, census, or other list of the names and room numbers or room locations of all current
residents or patients residing in the facility.