California Legislature—2013–14 Regular Session

Assembly Bill No. 1572

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 introduced, 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 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 any action or inaction taken in response to those recommendations, or any written requests of the council, within 10 working days. The bill would impose certain requirements on facilities relating to the promotion of resident councils, 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 civil penalty for violations 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 days regarding any action or inaction taken in response to those recommendations. The bill would require a facility to provide specified notice regarding the existence of or ability 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 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 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.

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 begin delete a majority of its end delete begin insert two or more end insert residents,
shall assist the residents in establishing and maintaining a
begin delete resident-oriented facility end delete begin insert resident end insert council. The begin insert resident end insert council
shall be composed of residents of the facility and may include
family members begin insert or friends end insert of begin delete residents of the facility end delete begin insert residents,
advocates, or long-term care ombudsman program representative end insert begin insert s.
Facility staff or others may participate in resident council meetings
and activities at the invitation of the resident council end insert . begin delete The end delete

begin insert (b) end insert begin insert   end insert begin insert A resident end insert council may, among other things, make
recommendations to facility administrators to improve the quality
of daily living begin insert and care end insert in the facility and begin delete may negotiate end delete to begin insert promote
and end insert protect residents’ rights begin delete with facility administrators end delete .

begin delete

(b)  A violation of subdivision (a) shall not be subject to the
provisions of Section 1569.40, but shall be subject to any other
provision of this chapter.

end delete begin insert

(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.

end insert begin insert

(d) A facility shall respond in writing to any written requests
or concerns of its resident council within 10 working days.

end insert begin insert

(e) 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.

end insert begin insert

(f) 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.

end insert begin insert

(g) Facilities shall promote resident councils as follows:

end insert begin insert

(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.

end insert begin insert

(2) If a facility has a resident council and 16 or more beds, the
facility shall appoint a designated staff person to assist the resident
council, make a room available for resident council meetings, and
provide, in a prominent place, a bulletin board for resident council
information.

end insert begin insert

(3) If a facility does not have a resident council, upon admission,
the facility shall provide, both orally and in writing, 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.

end insert begin insert

(h) 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.

end insert begin insert

(i) 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.

end insert begin insert

(j) A violation of this section shall not be subject to the
provisions of Section 1569.40. Notwithstanding any other law, a
facility that violates this section shall be subject to a civil penalty
of one thousand dollars ($1,000) for each day the violation
continues.

end insert

SEC. 2.  

Section 1569.158 of the Health and Safety Code is
amended to read:

1569.158.  

(a)  begin delete No end delete begin insert A end insert residential care facility for the elderly begin delete may end delete
begin insert shall not end insert prohibit the formation of a family begin delete council, and, when end delete
begin insert council. When end insert requested by a member of the resident’s family or
the resident’s begin delete responsible party end delete begin insert representative end insert , begin delete the end delete begin insert a end insert 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 begin delete family members end delete begin insert participants in a family
council end insert 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, begin delete responsible parties end delete
begin insert representatives end insert , or agents as defined in Section 14110.8 of the
Welfare and Institutions Code of two or more begin delete patients end delete begin insert residents end insert
to confer in private without facility staff.

(d) Family councils shall begin delete also end delete be provided adequate space on a
prominent bulletin board or other posting area for the display of
meeting notices, minutes, begin insert information, end insert and newsletters.

begin insert

(e) Facility personnel or visitors may attend a family council
meeting only at the family council’s invitation.

end insert begin insert

(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.

end insert begin insert

(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 routine mailings, and
shall inform family members, friends, and representatives of
prospective, new, and current residents who are identified on the
admissions agreement, during the admissions 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.

end insert begin insert

(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, information to the resident’s family, friends, and
representatives of their right to form a family council.

end insert begin insert

(h) If a facility has a family council and a licensed capacity of
16 or more residents, the facility shall appoint a designated staff
person who shall be responsible for providing assistance to the
family council and responding to written requests that result from
family council meetings.

end insert begin insert

(i) A facility shall inform family council members of their right
to be interviewed as part of the regulatory inspection process.

end insert begin insert

(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.

end insert begin insert

(k) 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.

end insert

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.