AB 1211, as introduced, Maienschein. Residential care facilities for the elderly:
Existing law provides for the licensure of residential care facilities for the elderly by the State Department of Social Services. Existing law requires a residential care facility for the elderly to take certain actions with respect to advance directives, including providing written information, upon admission, about the right to make decisions concerning medical care, including the right to accept or refuse medical or surgical treatment and the right, under state law, to formulate advance directives and not conditioning the provision of care or otherwise discriminating based on whether or not an individual has executed an advance directive. Existing law defines advance directive, for this purpose, to include advance health care directives or some other form of instruction recognized under state law specifically addressing the provision of health care. Violation of these provisions is a crime.
This bill would specifically include in the definition of advance directive a request regarding resuscitative measures, as defined. By expanding the definition of a crime, this 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 1569.156 of the Health and Safety Code
2 is amended to read:
(a) A residential care facility for the elderly shall
4do all of the following:
5(1) Not condition the provision of care or otherwise discriminate
6based on whether or not an individual has executed an advance
7directive, consistent with applicable laws and regulations.
8(2) Provide education to staff on issues concerning advance
9directives.
10(3) Provide written information, upon admission, about the
11right to make decisions concerning medical care, including the
12right to accept or refuse medical or surgical treatment and the right,
13under state law, to formulate advance directives.
14(4) Provide written information about policies of the facility
15regarding the implementation of the rights described in paragraph
16(3).
17(b) For purposes of this section, “advance directive” means an
18“advance health care directive,” as defined in Section 4605 of the
19Probate Code, or some other form of instruction recognized under
20state law specifically addressing the provision of health carebegin insert,
21including a request regarding resuscitative measures, as defined
22in Section 4780 of the Probate Codeend insert.
No reimbursement is required by this act pursuant to
24Section 6 of Article XIII B of the California Constitution because
25the only costs that may be incurred by a local agency or school
26district will be incurred because this act creates a new crime or
27infraction, eliminates a crime or infraction, or changes the penalty
28for a crime or infraction, within the meaning of Section 17556 of
29the Government Code, or changes the definition of a crime within
P3 1the meaning of Section 6 of Article XIII B of the California
2Constitution.
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