BILL NUMBER: AB 179 CHAPTERED 10/03/05 CHAPTER 456 FILED WITH SECRETARY OF STATE OCTOBER 3, 2005 APPROVED BY GOVERNOR OCTOBER 3, 2005 PASSED THE SENATE SEPTEMBER 1, 2005 PASSED THE ASSEMBLY MAY 16, 2005 AMENDED IN ASSEMBLY APRIL 20, 2005 AMENDED IN ASSEMBLY APRIL 5, 2005 AMENDED IN ASSEMBLY MARCH 29, 2005 AMENDED IN ASSEMBLY MARCH 9, 2005 AMENDED IN ASSEMBLY FEBRUARY 24, 2005 INTRODUCED BY Assembly Member Bermudez (Coauthors: Assembly Members Bass, Cohn, DeVore, Shirley Horton, Laird, and Vargas) (Coauthor: Senator Alquist) JANUARY 24, 2005 An act to amend Section 1569.885 of, and to add Section 1569.889 to, the Health and Safety Code, relating to residential care facilities for the elderly. LEGISLATIVE COUNSEL'S DIGEST AB 179, Bermudez Residential care facilities for the elderly: elder abuse information. Under existing law, the State Department of Social Services regulates the licensure and operation of residential care facilities for the elderly. Existing law requires information to be disseminated to facility residents and their responsible persons, including providing information regarding the facility's policies regarding family visits and other communications on the client information form or admissions agreement and on its patient's rights form. Existing law requires a copy of any applicable resident's rights specified by law or regulation to be attached to all admission agreements. Existing law also requires these facilities to post certain information including licensing reports, and the name, address, and telephone number of the Office of the State Long-Term Care Ombudsman and the nearest approved organization for long-term care ombudsperson activities. A violation of the provisions relating to residential care facilities for the elderly is a misdemeanor. This bill would require the personal rights form made available by the department's Community Care Licensing Division to residential care facilities for the elderly to include a statement regarding procedures for reporting known or suspected elder and dependent adult abuse, including the toll-free telephone number of the State Long-Term Care Ombudsman's CRISISline and a blank space for the telephone number of the nearest approved organization for long-term care ombudsperson activities. The bill would require the residential care facility for the elderly to insert in the form's blank space the telephone number of the nearest approved organization for long-term care ombudsperson activities. It would require the statement of resident's rights attached to admissions agreements by a residential care facility for the elderly to include the information on the reporting of suspected or known elder and dependent adult abuse provided for in the bill. By imposing this requirement on residential care facilities for the elderly, this bill would change the definition of an existing crime, thus imposing 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. Section 1569.885 of the Health and Safety Code is amended to read: 1569.885. (a) When referring to a resident's obligation to observe facility rules, the admission agreement shall indicate that the rules must be reasonable, and that there is a facility procedure for suggesting changes in the rules. A facility rule shall not violate any right set forth in this article or in other applicable laws and regulations. (b) The admission agreement shall specify that a copy of the facility grievance procedure for resolution of resident complaints about facility practices shall be made available to the resident or his or her representative. (c) The admission agreement shall inform a resident of the right to contact the State Department of Social Services, the long-term care ombudsman, or both, regarding grievances against the facility. (d) A copy of any applicable resident's rights specified by law or regulation shall be an attachment to all admission agreements. (e) The statement of resident's rights attached to admissions agreements by a residential care facility for the elderly shall include information on the reporting of suspected or known elder and dependent adult abuse, as set forth in Section 1569.889. SEC. 2. Section 1569.889 is added to the Health and Safety Code, to read: 1569.889. (a) The personal rights form made available by the department's Community Care Licensing Division to residential care facilities for the elderly shall include a statement regarding procedures for reporting known or suspected elder and dependent adult abuse, including the toll-free telephone number of the State Long-Term Care Ombudsman's CRISISline and a blank space for the telephone number of the nearest approved organization for long-term care ombudsperson activities. A residential care facility for the elderly shall insert in the form's blank space the telephone number of the nearest approved organization for long-term care ombudsperson activities. (b) The department's Community Care Licensing Division shall adopt or amend any regulation and revise any document or policy as necessary to implement this section. 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.