BILL NUMBER: AB 1572 INTRODUCED
BILL TEXT
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 a majority of its
two or more residents, shall assist the residents in
establishing and maintaining a resident-oriented facility
resident council. The resident
council shall be composed of residents of the facility and may
include family members or friends of residents of
the facility residents, advocates, or long-term care
ombudsman program representative s. Facility staff or
others may participate in resident council meetings and activities at
the invitation of the resident council . The
(b) A resident council may, among
other things, make recommendations to facility administrators to
improve the quality of daily living and care in the
facility and may negotiate to promote and
protect residents' rights with facility administrators
.
(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.
(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.
(d) A facility shall respond in writing to any written requests or
concerns of its resident council within 10 working days.
(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.
(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.
(g) Facilities shall promote resident councils as follows:
(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.
(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.
(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.
(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.
(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.
(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.
SEC. 2. Section 1569.158 of the Health and Safety Code is amended
to read:
1569.158. (a) No A residential care
facility for the elderly may shall not
prohibit the formation of a family council, and, when
council. When requested by a member of the
resident's family or the resident's responsible party
representative , the a
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 family members
participants in a family council 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, responsible parties
representatives , or agents as defined in
Section 14110.8 of the Welfare and Institutions Code of two or more
patients residents to confer in private
without facility staff.
(d) Family councils shall also be provided
adequate space on a prominent bulletin board or other posting area
for the display of meeting notices, minutes, information,
and newsletters.
(e) Facility personnel or visitors may attend a family council
meeting only at the family council's invitation.
(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.
(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.
(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.
(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.
(i) A facility shall inform family council members of their right
to be interviewed as part of the regulatory inspection process.
(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.
(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.
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.