Amended in Assembly April 13, 2016

Amended in Assembly March 17, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2301

Introduced by Assembly Member Chu

February 18, 2016

An act to begin delete amend Section 1569.269 of the Health and Safety Code, end delete begin insert add and repeal Section 15656.5 of the Welfare and Institutions Code, end insert relating to residential care facilities for the elderly.

LEGISLATIVE COUNSEL’S DIGEST

AB 2301, as amended, Chu. Residential care facilities for the elderly: begin delete resident rights. end delete begin insert elder abuse. end insert

Existing law, the California Residential Care Facilities for the Elderly Act, provides for the licensure of residential care facilities for the elderly by the State Department of Social Services. Existing law establishes rights for residents of residential care facilities for the elderly, including the right to contact the department or the long-term care ombudsman, or both, regarding grievances. begin delete Existing law requires a licensee to post the telephone numbers and addresses of the local offices of the department and the ombudsman program conspicuously in the facility foyer, lobby, residents’ activity room, or other location easily accessible to residents. Violation of these provisions is a crime. end delete begin insert Existing law, the Elder Abuse and Dependent Adult Civil Protection Act, establishes various procedures for the reporting, investigation, and prosecution of elder and dependent adult abuse. end insert

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This bill would also require the licensee to post the telephone number and address of the local law enforcement agency in the same manner. By creating a new crime, this bill would impose a state-mandated local program.

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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.

end delete begin insert

This bill would require the California Health and Human Services Agency, on or before January 1, 2020, to file a report to the Legislature regarding the manner in which each county in the state invests in and conducts services that train and equip law enforcement officers to identify and investigate instances of elder abuse in long-term care and assisted living facilities within their jurisdiction, as specified.

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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:

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begin insert SECTION 1. end insert   

end insert

begin insert Section 15656.5 is added to the end insert begin insert Welfare and
Institutions Code end insert begin insert , to read: end insert

begin insert

begin insert 15656.5. end insert   

(a) On or before January 1, 2020, the California
Health and Human Services Agency shall file a report to the
Legislature regarding the manner in which each county in the state
invests in and conducts services that train and equip law
enforcement officers to identify and investigate instances of elder
abuse in long-term care and assisted living facilities within their
jurisdictions.

(b) The report filed pursuant to subdivision (a) shall include,
but not be limited to, the following information for each county:

(1) The size and scope of the county’s long-term care
ombudsman program.

(2) Whether or not the county sheriff’s department maintains
an elder abuse task force or a resource officer trained and
equipped to investigate elder abuse cases or coordinates with the
county long-term care ombudsman on elder abuse investigations
and the way in which these programs are funded.

(3) How proactive the county’s programs are at engaging with
long-term care facilities and conducting services, including, but
not limited to, routine check-ins with facility managers and
residents.

(4) Whether or not the county’s elder abuse task force or
designated resource officer, if any, has contact information
available to long-term care facilities and their residents.

(c) (1) A report to be submitted pursuant to subdivision (a)
shall be submitted in compliance with Section 9795 of the
Government Code.

(2) Pursuant to Section 9795 of the Government Code, this
section is repealed on January 1, 2024.

end insert

begin delete

SECTION 1.  

Section 1569.269 of the Health and Safety Code
is amended to read:

1569.269.  

(a) Residents of residential care facilities for the
elderly shall have all of the following rights:

(1) To be accorded dignity in their personal relationships with
staff, residents, and other persons.

(2) To be granted a reasonable level of personal privacy in
accommodations, medical treatment, personal care and assistance,
visits, communications, telephone conversations, use of the
Internet, and meetings of resident and family groups.

(3) To confidential treatment of their records and personal
information and to approve their release, except as authorized by
law.

(4) To be encouraged and assisted in exercising their rights as
citizens and as residents of the facility. Residents shall be free
from interference, coercion, discrimination, and retaliation in
exercising their rights.

(5) To be accorded safe, healthful, and comfortable
accommodations, furnishings, and equipment.

(6) To care, supervision, and services that meet their individual
needs and are delivered by staff that are sufficient in numbers,
qualifications, and competency to meet their needs.

(7) To be served food of the quality and in the quantity necessary
to meet their nutritional needs.

(8) To make choices concerning their daily life in the facility.

(9) To fully participate in planning their care, including the right
to attend and participate in meetings or communications regarding
the care and services to be provided in accordance with Section
1569.80, and to involve persons of their choice in the planning
process. The licensee shall provide necessary information and
support to ensure that residents direct the process to the maximum
extent possible, and are enabled to make informed decisions and
choices.

(10) To be free from neglect, financial exploitation, involuntary
seclusion, punishment, humiliation, intimidation, and verbal,
mental, physical, or sexual abuse.

(11) To present grievances and recommend changes in policies,
procedures, and services to the staff of the facility, the facility’s
management and governing authority, and to any other person
without restraint, coercion, discrimination, reprisal, or other
retaliatory actions. The licensee shall take prompt actions to
respond to residents’ grievances.

(12) To contact the State Department of Social Services, the
long-term care ombudsman, or both, regarding grievances against
the licensee. The licensee shall post the telephone numbers and
addresses for the local offices of the State Department of Social
Services, the ombudsman program, in accordance with Section
9718 of the Welfare and Institutions Code, and the local law
enforcement agency conspicuously in the facility foyer, lobby,
residents’ activity room, or other location easily accessible to
residents.

(13) To be fully informed, as evidenced by the resident’s written
acknowledgment, prior to or at the time of admission, of all rules
governing residents’ conduct and responsibilities. In accordance
with Section 1569.885, all rules established by a licensee shall be
reasonable and shall not violate rights set forth in this chapter or
in other applicable laws or regulations.

(14) To receive in the admission agreement a comprehensive
description of the method for evaluating residents’ service needs
and the fee schedule for the items and services provided, and to
receive written notice of any rate increases pursuant to Sections
1569.655 and 1569.884.

(15) To be informed, in writing, at or before the time of
admission of any resident retention limitations set by the state or
licensee, including limitations or restrictions on the licensee’s
ability to meet residents’ needs.

(16) To reasonable accommodation of individual needs and
preferences in all aspects of life in the facility, except when the
health or safety of the individual or other residents would be
endangered.

(17) To reasonable accommodation of resident preferences
concerning room and roommate choices.

(18) To written notice of room changes at least 30 days in
advance unless the request for a change is agreed to by the resident,
required to fill a vacant bed, or necessary due to an emergency.

(19) To share a room with the resident’s spouse, domestic
partner, or a person of resident’s choice when both spouses,
partners, or residents live in the same facility and consent to the
arrangement.

(20) To select their own physicians, pharmacies, privately paid
personal assistants, hospice agency, and health care providers, in
a manner that is consistent with the resident’s contract of admission
or other rules of the facility, and in accordance with this act.

(21) To have prompt access to review all of their records and
to purchase photocopies. Photocopied records shall be promptly
provided, not to exceed two business days, at a cost not to exceed
the community standard for photocopies.

(22) To be protected from involuntary transfers, discharges, and
evictions in violation of state laws and regulations. Facilities shall
not involuntarily transfer or evict residents for grounds other than
those specifically enumerated under state law or regulations, and
shall comply with enumerated eviction and relocation protections
for residents. For purposes of this paragraph, “involuntary” means
a transfer, discharge, or eviction that is initiated by the licensee,
not by the resident.

(23) To move from a facility.

(24) To consent to have relatives and other individuals of the
resident’s choosing visit during reasonable hours, privately and
without prior notice.

(25) To receive written information on the right to establish an
advanced health care directive and, pursuant to Section 1569.156,
the licensee’s written policies on honoring those directives.

(26) To be encouraged to maintain and develop their fullest
potential for independent living through participation in activities
that are designed and implemented for this purpose, in accordance
with Section 87219 of Title 22 of the California Code of
Regulations.

(27) To organize and participate in a resident council that is
established pursuant to Section 1569.157.

(28) To protection of their property from theft or loss in
accordance with Sections 1569.152, 1569.153, and 1569.154.

(29) To manage their financial affairs. A licensee shall not
require residents to deposit their personal funds with the licensee.
Except as provided in approved continuing care agreements, a
licensee, or a spouse, domestic partner, relative, or employee of a
licensee, shall not do any of the following:

(A) Accept appointment as a guardian or conservator of the
person or estate of a resident.

(B) Become or act as a representative payee for any payments
made to a resident, without the written and documented consent
of the resident or the resident’s representative.

(C) Serve as an agent for a resident under a general or special
power of attorney.

(D) Become or act as a joint tenant on an account with a resident.

(E) Enter into a loan or promissory agreement or otherwise
borrow money from a resident without a notarized written
agreement outlining the terms of the repayment being given to the
resident.

(30) To keep, have access to, and use their own personal
possessions, including toilet articles, and to keep and be allowed
to spend their own money, unless limited by statute or regulation.

(b) A licensed residential care facility for the elderly shall not
discriminate against a person seeking admission or a resident based
on sex, race, color, religion, national origin, marital status,
registered domestic partner status, ancestry, actual or perceived
sexual orientation, or actual or perceived gender identity.

(c) No provision of a contract of admission, including all
documents that a resident or his or her representative is required
to sign as part of the contract for, or as a condition of, admission
to a residential care facility for the elderly, shall require that a
resident waive benefits or rights to which he or she is entitled under
this chapter or provided by federal or other state law or regulation.

(d) Residents’ family members, friends, and representatives
have the right to organize and participate in a family council that
is established pursuant to Section 1569.158.

(e) The rights specified in this section shall be in addition to
any other rights provided by law.

(f) The provisions of this section are severable. If any provision
of this section or its application is held invalid, that invalidity shall
not affect other provisions or applications that can be given effect
without the invalid provision or application.

SEC. 2.  

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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