AB 895: Skilled nursing facilities, intermediate care facilities, and residential care facilities for the elderly: notice to prospective residents.
- Session Year: 2021-2022
- House: Assembly
- Latest Version Date: 2022-09-27
(1)The Long-Term Care, Health, Safety, and Security Act of 1973 generally requires the State Department of Public Health to license and regulate long-term health care facilities and to establish an inspection and reporting system to ensure that long-term health care facilities are in compliance with state statutes and regulations. Existing law defines a long-term health care facility to include, among other facility types, a skilled nursing facility and an intermediate care facility. Existing law also regulates residential care facilities for the elderly, which are licensed by the State Department of Social Services. A violation of the provisions relating to the operation or maintenance of a long-term health care facility, or a residential care facility for the elderly, is a misdemeanor.
Existing law, as part of the Mello-Granlund Older Californians Act, establishes the Office of the State Long-Term Care Ombudsman, under the direction of the State Long-Term Care Ombudsman, in the California Department of Aging. Existing law requires the State Long-Term Care Ombudsman to investigate and seek to resolve complaints against long-term health care facilities and to provide services to assist residents in the protection of their health, safety, welfare, and rights. Existing law also provides for the Long-Term Care Ombudsman Program under which funds are allocated to local ombudsman programs to assist elderly persons in long-term health care facilities.
This bill would require a skilled nursing facility or an intermediate care facility to provide a prospective resident of the skilled nursing facility or intermediate care facility, or their representative, prior to or at the time of admission, a written notice that includes specified contact information for the local long-term care ombudsman and links to specified internet websites relating to these facilities. The bill would require the notice to include a statement that the ombudsman is intended as a resource for purposes of accessing additional information regarding resident care at the facility and reporting resident complaints. The bill would require an admission agreement for a residential care facility for the elderly to include a notice with similar information. By expanding the definition of existing crimes, the bill would impose a state-mandated local program.
(2)Existing law requires a contract of admission for long-term health care facilities to specify that a copy of the facility grievance procedure is available and to inform residents of their right to contact the State Department of Public Health or ombudsman regarding grievances against the facility.
This bill would additionally require a facilitys grievance form to include contact information for the local long-term care ombudsman and the State Department of Public Health, and instructions on how to file a grievance with both entities. By expanding the definition of a crime, the bill would impose a state-mandated local program.
(3)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.
(1)The Long-Term Care, Health, Safety, and Security Act of 1973 generally requires the State Department of Public Health to license and regulate long-term health care facilities and to establish an inspection and reporting system to ensure that long-term health care facilities are in compliance with state statutes and regulations. Existing law defines a long-term health care facility to include, among other facility types, a skilled nursing facility and an intermediate care facility. Existing law also regulates residential care facilities for the elderly, which are licensed by the State Department of Social Services. A violation of the provisions relating to the operation or maintenance of a long-term health care facility, or a residential care facility for the elderly, is a misdemeanor.
Existing law, as part of the Mello-Granlund Older Californians Act, establishes the Office of the State Long-Term Care Ombudsman, under the direction of the State Long-Term Care Ombudsman, in the California Department of Aging. Existing law requires the State Long-Term Care Ombudsman to investigate and seek to resolve complaints against long-term health care facilities and to provide services to assist residents in the protection of their health, safety, welfare, and rights. Existing law also provides for the Long-Term Care Ombudsman Program under which funds are allocated to local ombudsman programs to assist elderly persons in long-term health care facilities.
This bill would require a skilled nursing facility or an intermediate care facility to provide a prospective resident of the skilled nursing facility or intermediate care facility, or their representative, prior to or at the time of admission, a written notice that includes specified contact information for the local long-term care ombudsman and links to specified internet websites relating to these facilities. The bill would require the notice to include a statement that the ombudsman is intended as a resource for purposes of accessing additional information regarding resident care at the facility and reporting resident complaints. The bill would require an admission agreement for a residential care facility for the elderly to include a notice with similar information. By expanding the definition of existing crimes, the bill would impose a state-mandated local program.
(2)Existing law requires a contract of admission for long-term health care facilities to specify that a copy of the facility grievance procedure is available and to inform residents of their right to contact the State Department of Public Health or ombudsman regarding grievances against the facility.
This bill would additionally require a facilitys grievance form to include contact information for the local long-term care ombudsman and the State Department of Public Health, and instructions on how to file a grievance with both entities. By expanding the definition of a crime, the bill would impose a state-mandated local program.
(3)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.
(1)The Long-Term Care, Health, Safety, and Security Act of 1973 generally requires the State Department of Public Health to license and regulate long-term health care facilities and to establish an inspection and reporting system to ensure that long-term health care facilities are in compliance with state statutes and regulations. Existing law defines a long-term health care facility to include, among other facility types, a skilled nursing facility and an intermediate care facility. Existing law also regulates residential care facilities for the elderly, which are licensed by the State Department of Social Services. A violation of the provisions relating to the operation or maintenance of a long-term health care facility, or who violates the provisions relating to a residential care facility for the elderly, is a misdemeanor.
Existing law, as part of the Mello-Granlund Older Californians Act, establishes the Office of the State Long-Term Care Ombudsman, under the direction of the State Long-Term Care Ombudsman, in the California Department of Aging. Existing law requires the State Long-Term Care Ombudsman to investigate and seek to resolve complaints against long-term health care facilities and to provide services to assist residents in the protection of their health, safety, welfare, and rights. Existing law also provides for the Long-Term Care Ombudsman Program under which funds are allocated to local ombudsman programs to assist elderly persons in long-term health care facilities and residential care facilities by, among other things, investigating and seeking to resolve complaints against these facilities, and providing services to assist residents in the protection of their health, safety, welfare, and rights facilities.
This bill would require a skilled nursing facility or an intermediate care facility to provide a prospective resident of the skilled nursing facility or intermediate care facility, or their representative, prior to or at the time of admission, a written notice that includes specified contact information for the local long-term care ombudsman and links to specified internet websites relating to these facilities. The bill would require the notice to include a statement that it is intended as a resource for purposes of accessing additional information regarding resident care at the facility and reporting resident complaints. The bill would require an admission agreement for a residential care facility for the elderly to include a notice with similar information. By expanding the definition of existing crimes, the bill would impose a state-mandated local program.
(2)Existing law requires a contract of admission for long-term health care facilities to specify that a copy of the facility grievance procedure is available and to inform residents of their right to contact the State Department of Public Health or ombudsman regarding grievances against the facility.
This bill would additionally require a facilitys grievance form to include contact information for the local long-term care ombudsman and the State Department of Public Health, and instructions on how to file a grievance with both entities. By expanding the definition of a crime, the bill would impose a state-mandated local program.
(3)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.
(1)The Long-Term Care, Health, Safety, and Security Act of 1973 generally requires the State Department of Public Health to license and regulate long-term health care facilities and to establish an inspection and reporting system to ensure that long-term health care facilities are in compliance with state statutes and regulations. Existing law defines a long-term health care facility to include, among other facility types, a skilled nursing facility and an intermediate care facility. Existing law also regulates residential care facilities for the elderly, which are licensed by the State Department of Social Services. A violation of the provisions relating to the operation or maintenance of a long-term health care facility, or who violates the provisions relating to a residential care facility for the elderly, is a misdemeanor.
Existing law, as part of the Mello-Granlund Older Californians Act, establishes the Office of the State Long-Term Care Ombudsman, under the direction of the State Long-Term Care Ombudsman, in the California Department of Aging. Existing law provides for the Long-Term Care Ombudsman Program under which funds are allocated to local ombudsman programs to assist elderly persons in long-term health care facilities and residential care facilities by, among other things, investigating and seeking to resolve complaints against these facilities, and providing services to assist residents in the protection of their health, safety, welfare, and rights.
This bill would require a skilled nursing facility, facility or an intermediate care facility, or residential care facility for the elderly facility to provide a prospective resident of the skilled nursing facility, facility or intermediate care facility, or residential care facility for the elderly, or their representative, prior to or at the time of admission, a written notice that includes specified contact information for the local long-term care ombudsman and links to specified internet websites relating to these facilities. The bill would require the notice to include a statement that it is intended as a resource for purposes of accessing additional information regarding resident care at the facility and reporting resident complaints. The bill would require an admission agreement for a residential care facility for the elderly to include a notice with similar information. By expanding the definition of a crime, existing crimes, the bill would impose a state-mandated local program.
Existing(2)Existing law requires a contract of admission for long-term health care facilities to specify that a copy of the facility grievance procedure is available and to inform residents of their right to contact the State Department of Public Health or ombudsman regarding grievances against the facility.
This bill would additionally require a facilitys grievance form to include contact information for the local long-term care ombudsman and the State Department of Public Health, and instructions on how to file a grievance with both entities. By expanding the definition of a crime, the bill would impose a state-mandated local program.
The(3)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.
The Long-Term Care, Health, Safety, and Security Act of 1973 generally requires the State Department of Public Health to license and regulate long-term health care facilities and to establish an inspection and reporting system to ensure that long-term health care facilities are in compliance with state statutes and regulations. Existing law defines a long-term health care facility to include, among other facility types, a skilled nursing facility and an intermediate care facility. Existing law also regulates residential care facilities for the elderly, which are licensed by the State Department of Social Services. A violation of the provisions relating to the operation or maintenance of a long-term health care facility facility, or who violates the provisions relating to a residential care facility for the elderly, is a misdemeanor.
Existing law, as part of the Mello-Granlund Older Californians Act, establishes the Office of the State Long-Term Care Ombudsman, under the direction of the State Long-Term Care Ombudsman, in the California Department of Aging. Existing law provides for the Long-Term Care Ombudsman Program under which funds are allocated to local ombudsman programs to assist elderly persons in long-term health care facilities and residential care facilities by, among other things, investigating and seeking to resolve complaints against these facilities, and providing services to assist residents in the protection of their health, safety, welfare, and rights.
This bill would require a skilled nursing facility for the elderly or intermediate care facility facility, intermediate care facility, or residential care facility for the elderly to provide a prospective resident of the skilled nursing facility or intermediate care facility, facility, intermediate care facility, or residential care facility for the elderly, or their representative, prior to or at the time of admission, a written notice that includes specified contact information for the local long-term care ombudsman and links to specified websites relating to these facilities. The bill would require the notice to include a statement that it is intended as a resource for purposes of accessing additional information regarding resident care at the facility and reporting resident complaints. By expanding the definition of a crime, the bill would impose a state-mandated local program.
Existing law requires a contract of admission for long-term health care facilities to specify that a copy of the facility grievance procedure is available and to inform residents of their right to contact the State Department of Public Health or ombudsman regarding grievances against the facility.
This bill would additionally require a facilitys grievance form to include contact information for the local long-term care ombudsman and the State Department of Public Health, and instructions on how to file a grievance with both entities. By expanding the definition of a crime, the 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.
The Long-Term Care, Health, Safety, and Security Act of 1973 generally requires the State Department of Public Health to license and regulate long-term health care facilities and to establish an inspection and reporting system to ensure that long-term health care facilities are in compliance with state statutes and regulations. Existing law defines a long-term health care facility to include, among other facility types, a skilled nursing facility and an intermediate care facility. A violation of the provisions relating to the operation or maintenance of a long-term health care facility is a misdemeanor.
Existing law, as part of the Mello-Granlund Older Californians Act, establishes the Office of the State Long-Term Care Ombudsman, under the direction of the State Long-Term Care Ombudsman, in the California Department of Aging. Existing law provides for the Long-Term Care Ombudsman Program under which funds are allocated to local ombudsman programs to assist elderly persons in long-term health care facilities and residential care facilities by, among other things, investigating and seeking to resolve complaints against these facilities, and providing services to assist residents in the protection of their health, safety, welfare, and rights.
This bill would require a skilled nursing facility for the elderly or intermediate care facility to provide a prospective resident of a the skilled nursing facility or intermediate care facility, or their representative, prior to or at the time of admission, a written notice that includes specified contact information for the local long-term care ombudsman and links to specified websites relating to these facilities. The bill would require the notice to include a statement that it is intended as a resource for purposes of accessing additional information regarding resident care at the facility and reporting resident complaints. By expanding the definition of a crime, the bill would impose a state-mandated local program.
Existing law requires a contract of admission for long-term health care facilities to specify that a copy of the facility grievance procedure is available and to inform residents of their right to contact the State Department of Public Health or ombudsman regarding grievances against the facility.
This bill would additionally require a facilitys grievance form to include contact information for the local long-term care ombudsman and the State Department of Public Health, and instructions on how to file a grievance with both entities. By expanding the definition of a crime, the 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.
The Long-Term Care, Health, Safety, and Security Act of 1973 generally requires the State Department of Public Health to license and regulate long-term health care facilities and to establish an inspection and reporting system to ensure that long-term health care facilities are in compliance with state statutes and regulations. Existing law defines a long-term health care facility to include, among other facility types, a skilled nursing facility and an intermediate care facility. A violation of the provisions relating to the operation or maintenance of a long-term health care facility is a misdemeanor.
Existing law, as part of the Mello-Granlund Older Californians Act, establishes the Office of the State Long-Term Care Ombudsman, under the direction of the State Long-Term Care Ombudsman, in the California Department of Aging. Existing law provides for the Long-Term Care Ombudsman Program under which funds are allocated to local ombudsman programs to assist elderly persons in long-term health care facilities and residential care facilities by, among other things, investigating and seeking to resolve complaints against these facilities, and providing services to assist residents in the protection of their health, safety, welfare, and rights.
This bill would require a skilled nursing facility or intermediate care facility to provide a prospective resident of a skilled nursing facility or intermediate care facility, or their representative, prior to or at the time of admission, a written notice that includes specified contact information for the local long-term care ombudsperson. ombudsman and links to specified websites relating to these facilities. The bill would require the notice to include a statement that it is intended as a resource for purposes of accessing additional information regarding resident care at the facility, as specified, facility and reporting resident complaints. By expanding the definition of a crime, the bill would impose a state-mandated local program.
Existing law requires a contract of admission for long-term health care facilities to specify that a copy of the facility grievance procedure is available and to inform residents of their right to contact the State Department of Public Health or ombudsman regarding grievances against the facility.
This bill would additionally require a facilitys grievance form to include contact information for the local long-term care ombudsman and the State Department of Public Health, and instructions on how to file a grievance with both entities. By expanding the definition of a crime, the 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.
The Long-Term Care, Health, Safety, and Security Act of 1973 generally requires the State Department of Public Health to license and regulate long-term health care facilities and to establish an inspection and reporting system to ensure that long-term health care facilities are in compliance with state statutes and regulations. Existing law defines a long-term health care facility to include, among other facility types, a skilled nursing facility and an intermediate care facility. A violation of the provisions relating to the operation or maintenance of a long-term health care facility is a misdemeanor.
Existing law, as part of the Mello-Granlund Older Californians Act, establishes the Office of the State Long-Term Care Ombudsman, under the direction of the State Long-Term Care Ombudsman, in the California Department of Aging. Existing law provides for the Long-Term Care Ombudsman Program under which funds are allocated to local ombudsman programs to assist elderly persons in long-term health care facilities and residential care facilities by, among other things, investigating and seeking to resolve complaints against these facilities, and providing services to assist residents in the protection of their health, safety, welfare, and rights.
This bill would require a skilled nursing facility or intermediate care facility to provide a prospective resident of a skilled nursing facility or intermediate care facility, or their representative, prior to or at the time of admission, a written notice that includes specified contact information for the local long-term care ombudsperson. The bill would require the notice to include a statement that it is intended as a resource for purposes of accessing additional information regarding resident care at the facility, as specified, and reporting resident complaints. By expanding the definition of a crime, the 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.
The California Residential Care Facilities for the Elderly Act generally requires the State Department of Social Services to license, inspect, and regulate residential care facilities for the elderly and imposes criminal penalties on a person who violates the act or who willfully or repeatedly violates any rule or regulation adopted under the act. The act specifically requires the department to promulgate regulations for a license that prescribe standards of safety and sanitation for the physical plant and standards for basic care and supervision, personal care, and services provided to residents. The act specifically requires the department to conduct unannounced inspections of licensed residential care facilities for the elderly and to inspect these facilities as often as necessary to ensure the quality of care provided.This bill would require the department, on or before July 1, 2022, and every month thereafter, to post on its internet website every inspection report for every licensed residential care facility for the elderly within 5 years from the date of posting.This bill would require the department to administer a pilot program in 2 volunteer counties from January 1, 2024, to January 1, 2027, inclusive, to test the appropriate criteria to evaluate the quality of residential care facilities for the elderly. The department would be required to consider evaluation criteria proposed by a pilot program stakeholder group in developing the pilot program. The bill would further require the department to report the results of the pilot program to the Legislature on or before July 1, 2027. The bill would repeal these provisions on January 1, 2029.The California Residential Care Facilities for the Elderly Act generally requires the State Department of Social Services to license, inspect, and regulate residential care facilities for the elderly and imposes criminal penalties on a person who violates the act or who willfully or repeatedly violates any rule or regulation adopted under the act. The act specifically requires the department to promulgate regulations for a license that prescribe standards of safety and sanitation for the physical plant and standards for basic care and supervision, personal care, and services provided to residents. The act specifically requires the department to conduct unannounced inspections of licensed residential care facilities for the elderly and to inspect these facilities as often as necessary to ensure the quality of care provided.
This bill would require the department, on or before July 1, 2022, and every month thereafter, to post on its internet website every inspection report for every licensed residential care facility for the elderly within 5 years from the date of posting.
This bill would require the department to administer a pilot program in 2 volunteer counties from January 1, 2024, to January 1, 2027, inclusive, to test the appropriate criteria to evaluate the quality of residential care facilities for the elderly. The department would be required to consider evaluation criteria proposed by a pilot program stakeholder group in developing the pilot program. The bill would further require the department to report the results of the pilot program to the Legislature on or before July 1, 2027. The bill would repeal these provisions on January 1, 2029.
Existing law, the California Residential Care Facilities for the Elderly Act, provides for the licensing and regulation by the State Department of Social Services of residential care facilities for the elderly, primarily serving persons 60 years of age or over. Existing law, the California Community Care Facilities Act, provides for the licensing and regulation by the department of adult residential facilities, primarily serving adults under 60 years of age. Under existing law, residents of those facilities have the right to be accorded safe, healthful, and comfortable accommodations, furnishings, and equipment.This bill would state the intent of the Legislature to enact legislation that would ensure residential care facilities for the elderly and adult residential facilities are clean and safe and promote wellness for the seniors and persons with disabilities who are served by those facilities.Existing law, the California Residential Care Facilities for the Elderly Act, provides for the licensing and regulation by the State Department of Social Services of residential care facilities for the elderly, primarily serving persons 60 years of age or over. Existing law, the California Community Care Facilities Act, provides for the licensing and regulation by the department of adult residential facilities, primarily serving adults under 60 years of age. Under existing law, residents of those facilities have the right to be accorded safe, healthful, and comfortable accommodations, furnishings, and equipment.
This bill would state the intent of the Legislature to enact legislation that would ensure residential care facilities for the elderly and adult residential facilities are clean and safe and promote wellness for the seniors and persons with disabilities who are served by those facilities.
(a)Prior to or at the time of admission, a skilled nursing facility, as defined in subdivision (c) of Section 1250, or an intermediate care facility, as defined in subdivision (d) of Section 1250, shall provide to a prospective resident, or the residents representative, if any, a written notice, including the telephone number, internet website address, and email address for the local long-term care ombudsman and links to the State Department of Public Healths licensing and certification internet website, the California Health Facility Information Database (Cal Health Find) page, and to CalLongTermCareCompare.org. The notice also shall state that the ombudsman is intended as a resource for both of the following purposes:
(1)Accessing additional information regarding resident care at the facility.
(2)Reporting resident care complaints.
(b)The notice required by this section is in addition to any other notice a skilled nursing facility or an intermediate care facility is required by law to provide. Notwithstanding paragraph (1) of subdivision (b) of Section 1599.61, the notice may be incorporated into the skilled nursing facility and intermediate care facility standard admission agreement required by Section 1599.61.
SEC. 2.Section 1569.885 of the Health and Safety Code is amended to read:1569.885.(a)When referring to a residents obligation to observe facility rules, the admission agreement shall indicate that the rules must be reasonable, and that there is a facility procedure for suggesting changes in the rules. A facility rule shall not violate any right set forth in this article or in other applicable laws and regulations.
(b)The admission agreement shall specify that a copy of the facility grievance procedure for resolution of resident complaints about facility practices shall be made available to the resident or the residents representative.
(c)The admission agreement shall inform a resident of the right to contact the State Department of Social Services, the long-term care ombudsman, or both, regarding grievances against the facility.
(d)In addition to any other notice a licensee is required by law to provide to residents, a written notice, including the current telephone number, internet website address, and email address for the local long-term care ombudsman and the internet website address for the Community Care Licensing Division of the State Department of Social Services shall be included in, or as an attachment to, all admission agreements. The written notice also shall state that the ombudsman is intended as a resource for both of the following purposes:
(1)Accessing additional information regarding resident care at the facility.
(2)Reporting resident care complaints.
(e)A copy of any applicable residents rights specified by law or regulation shall be an attachment to all admission agreements.
(f)The statement of residents rights attached to admissions agreements by a residential care facility for the elderly shall include information on the reporting of suspected or known elder and dependent adult abuse, as set forth in Section 1569.889.
SEC. 3.Section 1599.75 of the Health and Safety Code is amended to read:1599.75.(a) When referring to a residents obligation to observe facility rules, the contract of admission shall indicate that the rules must be reasonable, and that there is a facility procedure for suggesting changes in the rules.
(b) The contract of admission shall specify that a copy of the facility grievance procedure, for resolution of resident complaints about facility practices, is available.
(c) The agreement shall also inform residents of their right to contact the State Department of Public Health or the long-term care ombudsman, or both, regarding grievances against the facility.
(d)The facilitys grievance form shall include contact information for the local long-term care ombudsman and the State Department of Public Health, and instructions on how to file a grievance with both entities.
SEC. 4.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
(a)Prior to or at the time of admission, a skilled nursing facility, as defined in subdivision (c) of Section 1250, or an intermediate care facility, as defined in subdivision (d) of Section 1250, shall provide to a prospective resident, or the residents representative, if any, a written notice, including the telephone number, internet website address, and email address for the local long-term care ombudsman and links to the State Department of Public Healths licensing and certification internet website, the California Health Facility Information Database (Cal Health Find) page, and to CalLongTermCareCompare.org. The notice also shall state that the ombudsman is intended as a resource for both of the following purposes:
(1)Accessing additional information regarding resident care at the facility.
(2)Reporting resident care complaints.
(b)The notice required by this section is in addition to any other notice a skilled nursing facility or an intermediate care facility is required by law to provide. Notwithstanding paragraph (1) of subdivision (b) of Section 1599.61, the notice may be incorporated into the skilled nursing facility and intermediate care facility standard admission agreement required by Section 1599.61.
SEC. 2.Section 1569.885 of the Health and Safety Code is amended to read:1569.885.(a)When referring to a residents obligation to observe facility rules, the admission agreement shall indicate that the rules must be reasonable, and that there is a facility procedure for suggesting changes in the rules. A facility rule shall not violate any right set forth in this article or in other applicable laws and regulations.
(b)The admission agreement shall specify that a copy of the facility grievance procedure for resolution of resident complaints about facility practices shall be made available to the resident or the residents representative.
(c)The admission agreement shall inform a resident of the right to contact the State Department of Social Services, the long-term care ombudsman, or both, regarding grievances against the facility.
(d)In addition to any other notice a licensee is required by law to provide to residents, a written notice, including the current telephone number, internet website address, and email address for the local long-term care ombudsman and the internet website address for the Community Care Licensing Division of the State Department of Social Services shall be included in, or as an attachment to, all admission agreements. The written notice also shall state that the ombudsman is intended as a resource for both of the following purposes:
(1)Accessing additional information regarding resident care at the facility.
(2)Reporting resident care complaints.
(e)A copy of any applicable residents rights specified by law or regulation shall be an attachment to all admission agreements.
(f)The statement of residents rights attached to admissions agreements by a residential care facility for the elderly shall include information on the reporting of suspected or known elder and dependent adult abuse, as set forth in Section 1569.889.
SEC. 3.Section 1599.75 of the Health and Safety Code is amended to read:1599.75.(a) When referring to a residents obligation to observe facility rules, the contract of admission shall indicate that the rules must be reasonable, and that there is a facility procedure for suggesting changes in the rules.
(b) The contract of admission shall specify that a copy of the facility grievance procedure, for resolution of resident complaints about facility practices, is available.
(c) The agreement shall also inform residents of their right to contact the State Department of Public Health or the long-term care ombudsman, or both, regarding grievances against the facility.
(d)The facilitys grievance form shall include contact information for the local long-term care ombudsman and the State Department of Public Health, and instructions on how to file a grievance with both entities.
SEC. 4.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
(a)Prior to or at the time of admission, a skilled nursing facility, as defined in subdivision (c) of Section 1250, or an intermediate care facility, as defined in subdivision (d) of Section 1250, shall provide to a prospective resident, or the residents representative, if any, a written notice, including the telephone number, internet website address, and email address for the local long-term care ombudsman and links to the State Department of Public Healths licensing and certification internet website, the California Health Facility Information Database (Cal Health Find) page, and to CalLongTermCareCompare.org. The notice also shall state that the ombudsman is intended as a resource for both of the following purposes:
(1)Accessing additional information regarding resident care at the facility.
(2)Reporting resident care complaints.
(b)The notice required by this section is in addition to any other notice a skilled nursing facility or an intermediate care facility is required by law to provide. Notwithstanding paragraph (1) of subdivision (b) of Section 1599.61, the notice may be incorporated into the skilled nursing facility and intermediate care facility standard admission agreement required by Section 1599.61.
SEC. 2.Section 1569.885 of the Health and Safety Code is amended to read:1569.885.(a)When referring to a residents obligation to observe facility rules, the admission agreement shall indicate that the rules must be reasonable, and that there is a facility procedure for suggesting changes in the rules. A facility rule shall not violate any right set forth in this article or in other applicable laws and regulations.
(b)The admission agreement shall specify that a copy of the facility grievance procedure for resolution of resident complaints about facility practices shall be made available to the resident or the residents representative.
(c)The admission agreement shall inform a resident of the right to contact the State Department of Social Services, the long-term care ombudsman, or both, regarding grievances against the facility.
(d)In addition to any other notice a licensee is required by law to provide to residents, a written notice, including the current telephone number, internet website address, and email address for the local long-term care ombudsman and the internet website address for the Community Care Licensing Division of the State Department of Social Services shall be included in, or as an attachment to, all admission agreements. The written notice also shall state that the ombudsman is intended as a resource for both of the following purposes:
(1)Accessing additional information regarding resident care at the facility.
(2)Reporting resident care complaints.
(e)A copy of any applicable residents rights specified by law or regulation shall be an attachment to all admission agreements.
(f)The statement of residents rights attached to admissions agreements by a residential care facility for the elderly shall include information on the reporting of suspected or known elder and dependent adult abuse, as set forth in Section 1569.889.
SEC. 3.Section 1599.75 of the Health and Safety Code is amended to read:1599.75.(a) When referring to a residents obligation to observe facility rules, the contract of admission shall indicate that the rules must be reasonable, and that there is a facility procedure for suggesting changes in the rules.
(b) The contract of admission shall specify that a copy of the facility grievance procedure, for resolution of resident complaints about facility practices, is available.
(c) The agreement shall also inform residents of their right to contact the State Department of Public Health or the long-term care ombudsman, or both, regarding grievances against the facility.
(d)The facilitys grievance form shall include contact information for the local long-term care ombudsman and the State Department of Public Health, and instructions on how to file a grievance with both entities.
SEC. 4.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
(a)Prior to or at the time of admission, a skilled nursing facility, as defined in subdivision (c) of Section 1250, or an intermediate care facility, as defined in subdivision (d) of Section 1250, or a residential care facility for the elderly, as defined in Section 1569.2, shall provide to a prospective resident, or the residents representative, if any, a written notice notice, including the telephone number, internet website address, and email address for the local long-term care ombudsman and links to the State Department of Public Healths licensing and certification internet website, the State Department of Social Services licensing and certification website, the California Health Facility Information Database (Cal Health Find) page, and to CalLongTermCareCompare.org. The notice also shall state that the ombudsman is intended as a resource for both of the following purposes:
(1)Accessing additional information regarding resident care at the facility.
(2)Reporting resident care complaints.
(b)The notice required by this section is in addition to any other notice a skilled nursing facility or an intermediate care facility is required by law to provide.
SEC. 2.Section 1569.885 of the Health and Safety Code is amended to read:1569.885.(a)When referring to a residents obligation to observe facility rules, the admission agreement shall indicate that the rules must be reasonable, and that there is a facility procedure for suggesting changes in the rules. A facility rule shall not violate any right set forth in this article or in other applicable laws and regulations.
(b)The admission agreement shall specify that a copy of the facility grievance procedure for resolution of resident complaints about facility practices shall be made available to the resident or his or her the residents representative.
(c)The admission agreement shall inform a resident of the right to contact the State Department of Social Services, the long-term care ombudsman, or both, regarding grievances against the facility.
(d)In addition to any other notice a licensee is required by law to provide to residents, a written notice, including the current telephone number, internet website address, and email address for the local long-term care ombudsman and the internet website address for the Community Care Licensing Division of the State Department of Social Services shall be included in, or as an attachment to, all admission agreements. The written notice also shall state that the ombudsman is intended as a resource for both of the following purposes:
(1)Accessing additional information regarding resident care at the facility.
(2)Reporting resident care complaints.
(d)(e)A copy of any applicable residents rights specified by law or regulation shall be an attachment to all admission agreements.
(e)(f)The statement of residents rights attached to admissions agreements by a residential care facility for the elderly shall include information on the reporting of suspected or known elder and dependent adult abuse, as set forth in Section 1569.889.
SEC. 2.SEC. 3.Section 1599.75 of the Health and Safety Code is amended to read:1599.75.(a) When referring to a residents obligation to observe facility rules, the contract of admission shall indicate that the rules must be reasonable, and that there is a facility procedure for suggesting changes in the rules.
(b) The contract of admission shall specify that a copy of the facility grievance procedure, for resolution of resident complaints about facility practices, is available.
(c) The agreement shall also inform residents of their right to contact the State Department of Public Health or the long-term care ombudsman, or both, regarding grievances against the facility.
(d)The facilitys grievance form shall include contact information for the local long-term care ombudsman and the State Department of Public Health, and instructions on how to file a grievance with both entities.
SEC. 3.SEC. 4.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
(a)Prior to or at the time of admission, a skilled nursing facility facility, as defined in subdivision (c) of Section 1250, an intermediate care facility, as defined in subdivision (d) of Section 1250, or a residential care facility for the elderly, as defined in Section 1569.2, or an intermediate care facility shall provide to a prospective resident, or the residents representative, if any, a written notice including the telephone number, internet website address, and email address for the local long-term care ombudsman and links to the State Department of Public Healths licensing and certification website, the State Department of Social Services licensing and certification website, the California Health Facility Information Database (Cal Health Find) page, and to CalQualityCare.org. CalLongTermCareCompare.org. The notice also shall state that the ombudsman is intended as a resource for both of the following purposes:
(1)Accessing additional information regarding resident care at the facility.
(2)Reporting resident care complaints.
(b)The notice required by this section is in addition to any other notice a skilled nursing facility or an intermediate care facility is required by law to provide.
SEC. 2.Section 1599.75 of the Health and Safety Code is amended to read:1599.75.(a) When referring to a residents obligation to observe facility rules, the contract of admission shall indicate that the rules must be reasonable, and that there is a facility procedure for suggesting changes in the rules.
(b) The contract of admission shall specify that a copy of the facility grievance procedure, for resolution of resident complaints about facility practices, is available.
(c) The agreement shall also inform residents of their right to contact the State Department of Public Health or the long-term care ombudsman, or both, regarding grievances against the facility.
(d)The facilitys grievance form shall include contact information for the local long-term care ombudsman and the State Department of Public Health, and instructions on how to file a grievance with both entities.
SEC. 3.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
(a)Prior to or at the time of admission, a skilled nursing facility for the elderly, as defined in Section 1569.2, or an intermediate care facility shall provide to a prospective resident, or the residents representative, if any, a written notice including the telephone number, internet website address, and email address for the local long-term care ombudsman and links to the State Department of Public Healths licensing and certification website, the State Department of Social Services licensing and certification website, the California Health Facility Information Database (Cal Health Find) page, and to CalQualityCare.org. The notice also shall state that the ombudsman is intended as a resource for both of the following purposes:
(1)Accessing additional information regarding resident care at the facility.
(2)Reporting resident care complaints.
(b)The notice required by this section is in addition to any other notice a skilled nursing facility or an intermediate care facility is required by law to provide.
SEC. 2.Section 1599.75 of the Health and Safety Code is amended to read:1599.75.(a) When referring to a residents obligation to observe facility rules, the contract of admission shall indicate that the rules must be reasonable, and that there is a facility procedure for suggesting changes in the rules.
(b) The contract of admission shall specify that a copy of the facility grievance procedure, for resolution of resident complaints about facility practices, is available.
(c) The agreement shall also inform residents of their right to contact the State Department of Public Health or the long-term care ombudsman, or both, regarding grievances against the facility.
(d)The facilitys grievance form shall include contact information for the local long-term care ombudsman and the State Department of Public Health, and instructions on how to file a grievance with both entities.
SEC. 3.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
(a)Prior to or at the time of admission, a skilled nursing facility or an intermediate care facility shall provide to a prospective resident, or the residents representative, if any, a written notice including the telephone number, internet website address, and email address for the local long-term care ombudsperson. ombudsman and links to the State Department of Public Healths licensing and certification website, the California Health Facility Information Database (Cal Health Find) page, and to CalQualityCare.org. The notice also shall state that it the ombudsman is intended as a resource for both of the following purposes:
(1)Accessing additional information regarding resident care at the facility, including, but not limited to, any history of complaints, facility-reported incidents, and citations. facility.
(2)Reporting resident care complaints.
(b)The notice required by this section is in addition to any other notice a skilled nursing facility or an intermediate care facility is required by law to provide.
SEC. 2.Section 1599.75 of the Health and Safety Code is amended to read:1599.75.(a) When referring to a residents obligation to observe facility rules, the contract of admission shall indicate that the rules must be reasonable, and that there is a facility procedure for suggesting changes in the rules.
(b) The contract of admission shall specify that a copy of the facility grievance procedure, for resolution of resident complaints about facility practices, is available.
(c) The agreement shall also inform residents of their right to contact the State Department of Health Services Public Health or the long-term care ombudsman, or both, regarding grievances against the facility.
(d)The facilitys grievance form shall include contact information for the local long-term care ombudsman and the State Department of Public Health, and instructions on how to file a grievance with both entities.
SEC. 2.SEC. 3.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
(a)Prior to or at the time of admission, a skilled nursing facility or an intermediate care facility shall provide to a prospective resident, or the residents representative, if any, a written notice including the telephone number, internet website address, and email address for the local long-term care ombudsperson. The notice also shall state that it is intended as a resource for both of the following purposes:
(1)Accessing additional information regarding resident care at the facility, including, but not limited to, any history of complaints, facility-reported incidents, and citations.
(2)Reporting resident care complaints.
(b)The notice required by this section is in addition to any other notice a skilled nursing facility or an intermediate care facility is required by law to provide.
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
SECTION 1.Section 1569.381 is added to the Health and Safety Code, immediately following Section 1569.38, to read:1569.381.On or before July 1, 2022, and every month thereafter, the department shall post on its internet website every inspection report for every licensed residential care facility for the elderly within five years from the date of posting.SEC. 2.Article 10 (commencing with Section 1569.900) is added to Chapter 3.2 of Division 2 of the Health and Safety Code, to read:10.Rating System Pilot Program1569.900.(a)On or before January 1, 2023, the department shall establish a pilot program stakeholder group to propose criteria to be used to evaluate the quality of residential care facilities for the elderly during the pilot program. The department shall appoint individuals to the pilot program stakeholder group who represent the rights of residents, the department, residential care facilities for the elderly operators, long-term care ombudspersons, county public health officials, and other perspectives the department deems appropriate to create these criteria.(b)All meetings of the pilot program stakeholder group shall be subject to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code).1569.902.(a)The department shall develop a pilot program to test the appropriate criteria to evaluate the quality of residential care facilities for the elderly. The department shall consider and may use the criteria proposed by the pilot program stakeholder group in developing the pilot program. The department may use other criteria it finds appropriate to test during the pilot program.(b)The department shall offer every county the opportunity to volunteer for participation in the pilot program and shall select two counties to participate. A county that participates in the pilot program does so on a volunteer basis only.1569.904.The department shall administer the pilot program in the two counties from January 1, 2024, to January 1, 2027, inclusive.1569.906.The department shall report the results of the pilot program to the Legislature on or before July 1, 2027, in compliance with Section 9795 of the Government Code.1569.908.This article shall remain in effect only until January 1, 2029, and as of that date is repealed.On or before July 1, 2022, and every month thereafter, the department shall post on its internet website every inspection report for every licensed residential care facility for the elderly within five years from the date of posting.
SEC. 2.Article 10 (commencing with Section 1569.900) is added to Chapter 3.2 of Division 2 of the Health and Safety Code, to read:10.Rating System Pilot Program1569.900.(a)On or before January 1, 2023, the department shall establish a pilot program stakeholder group to propose criteria to be used to evaluate the quality of residential care facilities for the elderly during the pilot program. The department shall appoint individuals to the pilot program stakeholder group who represent the rights of residents, the department, residential care facilities for the elderly operators, long-term care ombudspersons, county public health officials, and other perspectives the department deems appropriate to create these criteria.
(b)All meetings of the pilot program stakeholder group shall be subject to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code).
1569.902.(a)The department shall develop a pilot program to test the appropriate criteria to evaluate the quality of residential care facilities for the elderly. The department shall consider and may use the criteria proposed by the pilot program stakeholder group in developing the pilot program. The department may use other criteria it finds appropriate to test during the pilot program.
(b)The department shall offer every county the opportunity to volunteer for participation in the pilot program and shall select two counties to participate. A county that participates in the pilot program does so on a volunteer basis only.
1569.904.The department shall administer the pilot program in the two counties from January 1, 2024, to January 1, 2027, inclusive.
1569.906.The department shall report the results of the pilot program to the Legislature on or before July 1, 2027, in compliance with Section 9795 of the Government Code.
1569.908.This article shall remain in effect only until January 1, 2029, and as of that date is repealed.
SECTION 1.It is the intent of the Legislature to enact legislation that would ensure residential care facilities for the elderly and adult residential facilities are clean and safe and promote wellness for the seniors and persons with disabilities who are served by those facilities.It is the intent of the Legislature to enact legislation that would ensure residential care facilities for the elderly and adult residential facilities are clean and safe and promote wellness for the seniors and persons with disabilities who are served by those facilities.
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Date
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Status
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|---|---|
| Sep 27, 2022 | Chaptered by Secretary of State - Chapter 577, Statutes of 2022. |
| Sep 27, 2022 | Approved by the Governor. |
| Aug 31, 2022 | Enrolled and presented to the Governor at 4 p.m. |
| Aug 25, 2022 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 75. Noes 0.). |
| Aug 25, 2022 | Assembly Rule 77(a) suspended. |
| Aug 24, 2022 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 26 pursuant to Assembly Rule 77. |
| Aug 24, 2022 | Read third time. Passed. Ordered to the Assembly. (Ayes 40. Noes 0. Page 5048.). |
| Aug 2, 2022 | Read second time. Ordered to third reading. |
| Aug 1, 2022 | From committee: Be ordered to second reading pursuant to Senate Rule 28.8. |
| Jun 29, 2022 | Read second time and amended. Re-referred to Com. on APPR. |
| Jun 28, 2022 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (June 27). |
| Jun 20, 2022 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on HUMAN S. |
| Jun 15, 2022 | Re-referred to Com. on HUMAN S. |
| Jun 6, 2022 | Read second time and amended. Re-referred to Com. on RLS. |
| Jun 2, 2022 | From committee: Amend, and do pass as amended and re-refer to Com. on RLS with recommendation: To Consent Calendar. (Ayes 9. Noes 0.) (June 1). |
| May 19, 2022 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on HEALTH. |
| May 4, 2022 | Referred to Com. on HEALTH. |
| Jan 27, 2022 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Jan 27, 2022 | Read third time. Passed. Ordered to the Senate. (Ayes 61. Noes 0. Page 3410.) |
| Jan 24, 2022 | Read second time. Ordered to Consent Calendar. |
| Jan 20, 2022 | From committee: Do pass. To Consent Calendar. (Ayes 15. Noes 0.) (January 20). |
| Jan 14, 2022 | Re-referred to Com. on APPR. |
| Jan 13, 2022 | Read second time and amended. |
| Jan 12, 2022 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 15. Noes 0.) (January 11). |
| Jan 3, 2022 | Re-referred to Com. on HEALTH. pursuant to Assembly Rule 96. |
| Jan 3, 2022 | From committee chair, with author's amendments: Amend, and re-refer to Com. on HUM. S. Read second time and amended. |
| Apr 7, 2021 | In committee: Set, first hearing. Hearing canceled at the request of author. |
| Mar 22, 2021 | Re-referred to Com. on HUM. S. |
| Mar 18, 2021 | Referred to Coms. on HUM. S. and AGING & L.T.C. |
| Feb 18, 2021 | From printer. May be heard in committee March 20. |
| Feb 17, 2021 | Read first time. To print. |
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Date
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Description
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Location
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Votes
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|---|---|---|---|---|
| Aug 25, 2022 | AB 895 Holden Concurrence in Senate Amendments | Assembly Floor |
Passed |
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| Aug 24, 2022 | Assembly 3rd Reading AB895 Holden By Pan | Senate Floor |
Passed |
|
| Jan 27, 2022 | AB 895 Holden Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
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Bill Author
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