Amended in Assembly March 24, 2014

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 amended, 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 begin insert single end insert 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 begin delete with resident councils to, among other things, consider the recommendations of its council and end delete to respond in writing begin delete to end delete begin insert within 14 calendar days regarding end insert any action or inaction taken in response to begin delete those recommendations, or any written requests of the council, within 10 working days end delete begin insert written concerns or recommendations submitted by the resident council end insert . The bill would impose certain requirements on facilities relating to the promotion of resident councils, as specified. begin insert The bill would require a facility with a resident council and a licensed capacity of 16 or more residents to appoint a designated staff liaison who shall be responsible for providing assistance to the resident council, as specified. end insert 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 begin delete regarding resident councils end delete is not a crime, but would impose a daily begin delete $1,000 end delete begin insert $250 end insert civil penalty for begin delete violations end delete begin insert a violation end insert 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 begin delete consider the recommendations made by a family council and end delete respond in writing within begin delete 10 end delete begin insert 14 calendar end insert days regarding any action or inaction taken in response to begin delete those recommendations end delete begin insert written concerns or recommendations submitted by the family council end insert . The bill would require a facility to provide specified notice regarding the existence of begin insert , end insert or begin delete ability to end delete begin insert right to, end insert form a family council begin delete and would require the facility to post the provisions of law governing family councils in a prominent place end delete . begin insert The bill would require a facility with a family council and a licensed capacity of 16 or more residents to appoint a designated staff liaison who shall be responsible for providing assistance to the family council, as specified. end insert 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. begin delete Because a violation of these provisions regarding family councils would be punishable as a misdemeanor, the bill would impose a state-mandated local program. end delete begin insert The bill would provide that a violation of these provisions is not a crime, but would impose a daily $250 civil penalty for a violation of these provisions, as specified. end insert

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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.

end delete begin delete

This bill would provide that no reimbursement is required by this act for a specified reason.

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program:  begin delete yes end delete begin insert no end insert .

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

(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 to promote and protect
residents’ rights.

begin delete

(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 delete begin delete

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

end delete begin insert

(c) If a resident council submits written concerns or
recommendations, the faculty shall respond in writing regarding
any action or inaction taken in response to those concerns or
recommendations within 14 calendar days.

end insert begin delete

(e)

end delete

begin insert (d) end insert  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.

begin delete

(f)

end delete

begin insert (e) end insert  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.

begin delete

(g)

end delete

begin insert (f) end insert  Facilities shall promote resident councils as follows:

(1) If a facility has a resident council, the facility shall inform
begin delete prospective and end delete 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 begin insert a licensed capacity
of end insert 16 or begin delete more beds, end delete begin insert more, end insert the facility shall appoint a designated
staff begin delete person end delete begin insert liaison end insert to assist the resident council, make a room
available for resident council meetings, and provide, begin delete in a prominent
place, a bulletin board for end delete begin insert on an existing bulletin board that is
prominently placed, end insert resident council begin insert meeting end insert information.

(3) If a facility does not have a resident council, upon admission,
the facility shall begin delete provide, both orally and in writing, end delete begin insert provide written end insert
information on the resident’s right to form a resident council begin delete along
with a copy of this section to the resident, resident’s family, friends,
or representative of the resident end delete begin insert to the resident and the resident
representative, as indicated in the admissions agreement end insert .

begin insert

(4) Upon request, and with the permission of the resident
council, the facility shall share the name and contact information
of the designated representative of the resident council with the
long-term care ombudsman program.

end insert begin delete

(h)

end delete

begin insert (g) end insert  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, begin delete 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, end delete 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.

begin delete

(i)

end delete

begin insert (h) end insert  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, begin delete friends, end delete and resident
representatives.

begin delete

(j)

end delete

begin insert (i) end insert  A violation of this section shall not be subject to the
provisions of Section 1569.40. begin insert A violation of this section shall
constitute a violation of resident rights. end insert Notwithstanding any other
law, a facility that violates this section shall be subject to a begin insert daily end insert
civil penalty of begin delete one thousand dollars ($1,000) for each day the
violation continues end delete begin insert two hundred fifty dollars ($250) until the
violation is corrected end insert . begin insert A violation shall be deemed to have been
corrected on the date the facility submits documentation of the
correction to the department if the correction is verified by the
department. end insert

SEC. 2.  

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

1569.158.  

(a) A residential care facility for the elderly shall
not prohibit the formation of a family council. When requested by
a member of the resident’s family or the begin delete resident’s end delete begin insert resident end insert
representative, 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 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, representatives, or agents as
defined in Section 14110.8 of the Welfare and Institutions Code
of two or more residents to confer in private without facility staff.

(d) Family councils shall 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.

begin delete

(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 delete begin insert

(f) If a family council submits written concerns or
recommendations, the facility shall respond in writing regarding
any action or inaction taken in response to the concerns or
recommendations within 14 calendar days.

end insert

(g) (1) If a facility has a family council, the facility shall include
notice of the family council and its meetings begin delete in monthly billing
statements and at least quarterly in other end delete begin insert to family members and
resident representatives in end insert routine begin delete mailings, end delete begin insert mailings end insert and shall
inform family begin delete members, friends, end delete begin insert members end insert and begin insert resident end insert
representatives of begin delete prospective, new, end delete begin insert new end insert and current residents who
are identified on the admissions begin delete agreement, end delete begin insert agreement end insert during the
admissions begin delete process, end delete begin insert process end insert 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, begin delete both orally and in
writing, end delete begin insert written end insert information to the resident’s begin delete family, friends, end delete begin insert family end insert
and begin delete representatives end delete begin insert resident representative end insert of their right to form
a family council.

begin insert

(3) Upon request, and with the permission of the family council,
the facility shall share the name and contact information of the
designated representative of the family council with the long-term
care ombudsman program.

end insert

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

begin delete

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

end delete begin delete

(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 delete begin delete

(k)

end delete

begin insert (i) end insert  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,
begin delete 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, end delete 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.

begin insert

(j) A violation of this section shall not be subject to the
provisions of Section 1569.40. A violation of this section shall
constitute a violation of resident rights. Notwithstanding any other
law, a facility that violates this section shall be subject to a daily
civil penalty of two hundred fifty dollars ($250) until the violation
is corrected. A violation shall be deemed to have been corrected
on the date the facility submits documentation of the correction to
the department if the correction is verified by the department.

end insert

begin delete

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.

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