AB 979: Long-term care: family councils.

Existing law requires the State Department of Public Health to license and regulate skilled nursing facilities (SNFs) and intermediate care facilities (ICFs). Existing law requires the State Department of Social Services to license and regulate residential care facilities for the elderly (RCFEs). A violation of those licensing provisions is generally a crime. Existing law prohibits those facilities from prohibiting the formation of a family council, which is a meeting of family members, friends, or representatives of 2 or more residents to confer in private without facility staff. Existing law prohibits those facilities from willfully interfering with the formation, maintenance, or promotion of a family council, as specified.

This bill would make changes to the definition and scope of prohibited interference.

Existing law sets forth various requirements on facilities relating to a family council with regard to providing a designated staff person, providing adequate posting and meeting space for the family council, and responding to written requests, concerns, or recommendations within specified timeframes.

For SNFs and ICFs, this bill would require that the designated staff person be approved by the family council, as specified. The bill would require that the family council be allowed to meet virtually or at an offsite location at its discretion. If a family council submits written requests, concerns, or recommendations, the bill would require the facility to respond in writing regarding any action or inaction within 14 calendar days, as specified.

Existing law authorizes staff or visitors to attend family council meetings, at the groups invitation.

This bill would instead authorize facility staff to attend meetings only at the invitation of the family council.

Existing law requires a facility to inform family members or representatives of the existence of the family council, if applicable.

This bill would also require the facility to inform friends identified in certain materials and to provide the name and contact information of the family council representative prior to or within 5 business days after the residents admission. The bill would make certain other related changes.

The bill would, for SNFs and ICFs, to the extent not in conflict with state and federal law, require a facility to inform the identified family members, friends, and representatives of their right to have their contact information shared with the family council.

The bill would, for RCFEs, require a facility to inform the identified family members, friends, and representatives of their right to have their contact information shared with the family council and of their right to consent or withhold consent to their contact information being shared.

If an RCFE does not have a family council, existing law requires the facility to provide written information to a newly admitted residents family or representative of their right to form a family council.

This bill would also add a residents friends as recipients of that information, and would apply those provisions to SNFs and ICFs, as specified.

Under existing law, a violation of the family council-related provisions is subject to specified civil penalties. In the case of RCFEs, existing law exempts a violation of those provisions from the above-described criminal penalty.

This bill would also specify that, in the case of SNFs and ICFs, a violation of those provisions is exempt from the above-described criminal penalty.