BILL NUMBER: SB 1061 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 9, 1997
INTRODUCED BY Senator Vasconcellos
FEBRUARY 27, 1997
An act to repeal and add Section 1599.61 of the Health and Safety
Code, relating to long-term health care facilities.
LEGISLATIVE COUNSEL'S DIGEST
SB 1061, as amended, Vasconcellos. Long-term health care
facilities.
Existing law requires that every contract of admission, as
defined, of a long-term health facility comply with a prescribed form
and contain certain information, terms, and conditions for admission
of a patient to the facility. Existing law prescribes various
prohibitions with regard to the content of the contract. Existing
law requires the every facility, as
directed by the department, to submit a copy of its current contract
of admission for review by the State Department of Health Services
and to submit amendments as they occur.
This bill would repeal the latter provisions that require the
submission of a contract of admission to the department for review.
The bill would require instead every long-term health care
skilled nursing facility, intermediate care facility,
and nursing facility to use a standard admission agreement
adopted by the department. The bill would prohibit a
long-term health care any skilled nursing facility,
intermediate care facility, or nursing facility from altering
the standard agreement, unless directed by the department.
Existing law prescribes the rights of patients in a skilled
nursing facility or intermediate care facility and requires that
written policies regarding the rights of patients be established and
made available to the patient, other parties, and the public.
This bill would require the department to develop a comprehensive
Patients' Bill of Rights to be made available to all long-term health
care facilities in the state. The Patients' Bill of Rights would
include provisions contained in state statutes and regulations and
federal regulations. The bill would require that a copy of the
Patients' Bill of Rights be a mandatory component of a contract of
admission at every skilled nursing facility, intermediate care
facility, and nursing facility. The bill would require the
department to ensure the translation of the bill of rights into
Spanish, Chinese, and other languages, as needed.
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. (a) The Legislature finds and declares all of the
following:
(1) Many admission agreements of long-term health care
facilities nursing homes in California are
unnecessarily long, complicated, and incomprehensible to consumers
and their families and representatives.
(2) Many admission agreements used by long-term health
care facilities nursing homes in California do
not meet the standards required under state and federal laws and
violate the rights of nursing home residents.
(3) There is no uniformity among the over 1,400 nursing home
admission agreements in California and the resultant task of
reviewing admission agreements for compliance with state and federal
laws costs the state approximately nine hundred thousand dollars
($900,000) annually.
(4) A uniform, statutory nursing home admission agreement would
provide consistency among admission agreements, promote and protect
residents' rights, and conserve state resources and funds.
(b) It is the intent of the Legislature to mandate a standard
admission agreement for all long-term health care facilities
skilled nursing facilities, intermediate care
facilities, and nursing facilities in California.
SEC. 2. Section 1599.61 of the Health and Safety Code is repealed.
SEC. 3. Section 1599.61 is added to the Health and Safety Code, to
read:
1599.61. (a) Every long-term health care facility shall use a
standard admission agreement adopted by the department.
(b) No long-term health care facility shall alter the standard
agreement, unless directed by the department.
1599.61. (a) By January 1, 1999, all skilled nursing facilities,
as defined in subdivision (c) of Section 1250, intermediate care
facilities, as defined in subdivision (d) of Section 1250, and
nursing facilities, as defined in subdivision (k) of Section 1250,
shall use a standard admission agreement adopted by the department.
This standard agreement shall comply with all applicable state and
federal laws.
(b) No facility shall alter the standard agreement unless so
directed by the department.
(c) Subdivisions (a) and (b) of this section shall apply to all
new admissions to skilled nursing facilities, intermediate care
facilities, and nursing facilities that occur after December 31,
1998.
(d) By January 1, 1999, the department shall consolidate and
develop one comprehensive Patients' Bill of Rights that includes the
provisions contained in Chapter 3.9 (commencing with Section 1599),
the regulatory resident rights for skilled nursing facilities under
Section 72527 of Title 22 of the California Code of Regulations, the
regulatory resident rights for intermediate care facilities under
Section 73523 of Title 22 of the California Code of Regulations, and
the rights afforded residents under Section 483.10 et seq. of Title
42 of the Code of Federal Regulations.
This comprehensive Patients' Bill of Rights shall be a mandatory
attachment to all skilled nursing facility, intermediate care
facility, and nursing facility contracts.
(e) By January 1, 1999, the department shall ensure the
translation of the Patients' Bill of Rights described in subdivision
(d) into Spanish, Chinese, and other languages as needed to provide
copies of the Patients' Bill of Rights to members of any ethnic group
that represents at least 1 percent of the state's skilled nursing
facility, intermediate care facility, and nursing facility
population.
(f) Translated copies of the Patients' Bill of Rights shall be
made available to all long-term health facilities in the state,
including skilled nursing facilities, intermediate care facilities,
and nursing facilities. It shall be the responsibility of the
long-term health care facilities to duplicate and distribute the
translated versions of the Patients' Bill of Rights with admissions
agreements, when appropriate.