Amended in Assembly April 8, 2014

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 single resident council, as specified. The bill would authorize begin insert family members, resident representatives, advocates, long-term care ombudsman program representatives, end insert facility staff begin insert , end insert 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 to respond in writing within 14 calendar days regarding any action or inaction taken in response to written concerns or recommendations submitted by the resident council. The bill would impose certain requirements on facilities relating to the promotion of resident councils, as specified. 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. 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 is not a crime, but would impose a daily $250 civil penalty for a violation 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 respond in writing within 14 calendar days regarding any action or inaction taken in response to written concerns or recommendations submitted by the family council. The bill would require a facility to provide specified notice regarding the existence of, or right to, form a family council. 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. 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. 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.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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 single resident council
at the facility. The resident council shall be composed of residents
of the begin delete facility and may include family members or end delete begin insert facility. Family
members, end insert resident representatives, advocates, begin delete or end delete long-term care
ombudsman program begin delete representatives. Facility end delete begin insert representatives,
facility end insert staff begin insert , end insert or begin delete others, including long-term care ombudsman
program representatives, end delete begin insert others 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.

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

(d) Facility policies on resident councils shall not limit the right
of residents to meet independently with outside persons or facility
personnel begin delete as determined solely by the resident council end delete .

(e) 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.

(f) Facilities shall promote resident councils as follows:

(1) If a facility has a resident council, the facility shall inform
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 a licensed capacity of
16 or more, the facility shall appoint a designated staff liaison to
assist the resident council, make a room available for resident
council meetings, and begin delete provide, on an existing bulletin board that
is prominently placed, resident council meeting information. end delete begin insert post
meeting information in a central location readily accessible to
residents, relatives, and resident representatives. end insert

(3) If a facility does not have a resident council, upon admission,
the facility shall provide written information on the resident’s right
to form a resident council to the resident and the resident
representative, as indicated in the admissions agreement.

(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.

(g) 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, 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.

(h) 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, and resident
representatives.

(i) 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. begin delete Notwithstanding any other
law, a end delete begin insert A end insert 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.

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 resident 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.

(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.

(g) (1) If a facility has a family council, the facility shall include
notice of the family council and its meetings to family members
and resident representatives in routine mailings and shall inform
family members and resident representatives of 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, written information to
the resident’s family begin delete and end delete begin insert or end insert resident representative of their right
to form a family council.

(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.

(h) If a facility has a family council and a licensed capacity of
16 or more, the facility shall appoint a designated staff liaison 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 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,
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.

(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. begin delete Notwithstanding any other
law, a end delete begin insert A end insert 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.