Bill Text: CA AB895 | 2021-2022 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Skilled nursing facilities, intermediate care facilities, and residential care facilities for the elderly: notice to prospective residents.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2022-09-27 - Chaptered by Secretary of State - Chapter 577, Statutes of 2022. [AB895 Detail]

Download: California-2021-AB895-Amended.html

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Amended  IN  Assembly  January 13, 2022

Amended  IN  Assembly  January 03, 2022

Amended  IN  Assembly  March 18, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill

No. 895

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Introduced by Assembly Member Holden

February 17, 2021

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An act to amend Section 1599.75 of, and to add Section 1422.65 to to, the Health and Safety Code, relating to long-term health care facilities.

LEGISLATIVE COUNSEL'S DIGEST

AB 895, as amended, Holden. Skilled nursing facilities and intermediate care facilities: notice to prospective residents.

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 facility’s 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.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 1422.65 is added to the Health and Safety Code, to read:

1422.65.

 (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 resident’s 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 Health’s 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 resident’s 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 facility’s 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 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.