BILL NUMBER: SB 1248 CHAPTERED BILL TEXT CHAPTER 530 FILED WITH SECRETARY OF STATE SEPTEMBER 28, 2006 APPROVED BY GOVERNOR SEPTEMBER 28, 2006 PASSED THE SENATE AUGUST 22, 2006 PASSED THE ASSEMBLY AUGUST 17, 2006 AMENDED IN ASSEMBLY AUGUST 14, 2006 AMENDED IN SENATE MARCH 20, 2006 INTRODUCED BY Senator Alquist (Principal coauthor: Assembly Member Lieber) (Coauthors: Senators Chesbro, Figueroa, and Kuehl) (Coauthors: Assembly Members Berg, Cohn, Jones, Koretz, and Laird) FEBRUARY 8, 2006 An act to amend Section 1599.1 of the Health and Safety Code, relating to long-term health care facilities. LEGISLATIVE COUNSEL'S DIGEST SB 1248, Alquist Long-term health care facilities: resident rights. Existing law provides for the licensure and regulation by the State Department of Health Services of skilled nursing and intermediate care facilities. Existing law requires that written policies regarding the rights of patients be established and made available by such a facility to the patient, to any guardian, next of kin, sponsoring agency, or representative payee, and to the public. Existing law requires those policies and procedures to ensure that each patient admitted to the facility has certain rights and is notified of certain facility obligations, in addition to those specified by regulation. This bill would require, as of July 1, 2007, that those written policies and procedures ensure, in addition, that specified federal regulations regarding the rights of residents in long-term care facilities and the duties of those facilities toward their residents are applied to the skilled nursing facility or intermediate care facility, regardless of a resident's payment source or the Medi-Cal or Medicare certification status of the facility in which the resident resides, except as specified. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 1599.1 of the Health and Safety Code is amended to read: 1599.1. Written policies regarding the rights of patients shall be established and shall be made available to the patient, to any guardian, next of kin, sponsoring agency or representative payee, and to the public. Those policies and procedures shall ensure that each patient admitted to the facility has the following rights and is notified of the following facility obligations, in addition to those specified by regulation: (a) The facility shall employ an adequate number of qualified personnel to carry out all of the functions of the facility. (b) Each patient shall show evidence of good personal hygiene and be given care to prevent bedsores, and measures shall be used to prevent and reduce incontinence for each patient. (c) The facility shall provide food of the quality and quantity to meet the patients' needs in accordance with physicians' orders. (d) The facility shall provide an activity program staffed and equipped to meet the needs and interests of each patient and to encourage self-care and resumption of normal activities. Patients shall be encouraged to participate in activities suited to their individual needs. (e) The facility shall be clean, sanitary, and in good repair at all times. (f) A nurses' call system shall be maintained in operating order in all nursing units and provide visible and audible signal communication between nursing personnel and patients. Extension cords to each patient's bed shall be readily accessible to patients at all times. (g) (1) If a facility has a significant beneficial interest in an ancillary health service provider or if a facility knows that an ancillary health service provider has a significant beneficial interest in the facility, as provided by subdivision (a) of Section 1323, or if the facility has a significant beneficial interest in another facility, as provided by subdivision (c) of Section 1323, the facility shall disclose that interest in writing to the patient, or his or her representative, and advise the patient, or his or her representative, that the patient may choose to have another ancillary health service provider, or facility, as the case may be, provide any supplies or services ordered by a member of the medical staff of the facility. (2) A facility is not required to make any disclosures required by this subdivision to any patient, or his or her representative, if the patient is enrolled in an organization or entity that provides or arranges for the provision of health care services in exchange for a prepaid capitation payment or premium. (h) (1) If a resident of a long-term health care facility has been hospitalized in an acute care hospital and asserts his or her rights to readmission pursuant to bed hold provisions, or readmission rights of either state or federal law, and the facility refuses to readmit him or her, the resident may appeal the facility's refusal. (2) The refusal of the facility as described in this subdivision shall be treated as if it were an involuntary transfer under federal law, and the rights and procedures that apply to appeals of transfers and discharges of nursing facility residents shall apply to the resident's appeal under this subdivision. (3) If the resident appeals pursuant to this subdivision, and the resident is eligible under the Medi-Cal program, the resident shall remain in the hospital and the hospital may be reimbursed at the administrative day rate, pending the final determination of the hearing officer, unless the resident agrees to placement in another facility. (4) If the resident appeals pursuant to this subdivision, and the resident is not eligible under the Medi-Cal program, the resident shall remain in the hospital if other payment is available, pending the final determination of the hearing officer, unless the resident agrees to placement in another facility. (5) If the resident is not eligible for participation in the Medi-Cal program and has no other source of payment, the hearing and final determination shall be made within 48 hours. (i) Effective July 1, 2007, Sections 483.10, 483.12, 483.13, and 483.15 of Title 42 of the Code of Federal Regulations in effect on July 1, 2006, shall apply to each skilled nursing facility and intermediate care facility, regardless of a resident's payment source or the Medi-Cal or Medicare certification status of the skilled nursing facility or intermediate care facility in which the resident resides, except that a noncertified facility is not obligated to provide notice of Medicaid or Medicare benefits, covered services, or eligibility procedures.