BILL NUMBER: SB 1551	CHAPTERED  09/14/00

	CHAPTER   448
	FILED WITH SECRETARY OF STATE   SEPTEMBER 14, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 13, 2000
	PASSED THE SENATE   AUGUST 25, 2000
	PASSED THE ASSEMBLY   AUGUST 21, 2000
	AMENDED IN ASSEMBLY   AUGUST 10, 2000
	AMENDED IN ASSEMBLY   JUNE 13, 2000
	AMENDED IN SENATE   APRIL 25, 2000

INTRODUCED BY   Senator Dunn
   (Coauthor:  Senator Hughes)
   (Coauthors:  Assembly Members Alquist, Dutra, and Thomson)

                        FEBRUARY 17, 2000

   An act to amend Section 1418.4 of the Health and Safety Code,
relating to long-term care facilities.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1551, Dunn.  Long-term care facilities:  family councils.
   Existing law, the Long-Term Care, Health, Safety, and Security Act
of 1973, prohibits a licensed skilled nursing facility or
intermediate care facility from prohibiting the formation of a family
council, as defined, and requires that the family council shall be
allowed to meet in the facility during mutually agreed upon hours,
upon the request of a member of a facility resident's family or the
representative's responsible party.  The existing act includes
classifications for violations of its provisions, and sets forth
penalties therefor, including the issuance of citations and the
assessment of civil penalties under specified circumstances.
   This bill would revise the above provisions relating to family
councils, including requiring that a family council be allowed to
meet at least once a month in the facility, and replacing references
to a resident's "responsible party" or "agent" with the term
"representative."  The bill would also impose specified requirements
on the facility with respect to responding to requests resulting from
family council meetings, and notification of meetings.  This bill
would provide that violation of the bill's provisions relating to
family councils would constitute a class "B" violation, as defined by
a specified provision of the act.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 1418.4 of the Health and Safety Code is amended
to read:
   1418.4.  (a) No licensed skilled nursing facility or intermediate
care facility may prohibit the formation of a family council, and,
when requested by a member of the resident's family or the resident's
representative, the family council shall be allowed to meet in a
common meeting room of the facility at least once a month during
mutually agreed upon hours.
   (b) Facility policies on family councils shall in no way limit the
right of residents, family members, and family council members 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, or representatives of two or more
residents to confer in private without facility staff.
   (d) Family councils shall also be provided adequate space on a
prominent bulletin board or other posting area for the display of
meeting notices, minutes, newsletters, or other information
pertaining to the operation or interest of the family council.
   (e) Staff or visitors may attend family council meetings, at the
group's invitation.
   (f) The facility shall provide a designated staff person who shall
be responsible for providing assistance and responding to written
requests that result from family council meetings.
   (g) The facility shall consider the views and act upon the
grievances and recommendations of a family council concerning
proposed policy and operational decisions affecting resident care and
life in the facility.
   (h) The facility shall respond in writing to written requests or
concerns of the family council, within 10 working days.
   (i) When a family council exists, the facility shall include
notice of the family council meetings in at least a quarterly
mailing, and shall inform family members or representatives of new
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 notice shall include the time, place, and
date of meetings, and the person to contact regarding involvement in
the family council.
   (j) No facility shall willfully interfere with the formation,
maintenance, or promotion of a family council.  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 family
council, or the willful scheduling of facility events in conflict
with a previously scheduled family council meeting.
   (k) (1) Violation of the provisions of this section shall
constitute a violation of the residents' rights.
   (2) Violation of the provisions of this section shall constitute a
class "B" violation, as defined in Section 1424.