AB 979 — Long-term care: family councils.

Summary

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 group's 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 resident's 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 resident's family or representative of their right to form a family council. This bill would also add a resident's 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.

Bill Text

• Chaptered 10/13/23 - Chaptered Current pdf October 13, 2023
• Enrolled 08/29/23 - Enrolled pdf August 29, 2023
• Amended 08/14/23 - Amended Senate pdf August 14, 2023
• Amended 04/20/23 - Amended Assembly pdf April 20, 2023
• Introduced 02/15/23 - Introduced pdf February 15, 2023
• AB979 View text html

Action History

1. October 13, 2023

   Chaptered by Secretary of State - Chapter 821, Statutes of 2023.

2. October 13, 2023

   Approved by the Governor.

3. September 05, 2023

   Enrolled and presented to the Governor at 3 p.m.

4. August 28, 2023

   Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 75. Noes 0. Page 2823.).

5. August 24, 2023

   In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 26 pursuant to Assembly Rule 77.

6. August 24, 2023

   Read third time. Passed. Ordered to the Assembly. (Ayes 40. Noes 0. Page 2180.).

7. August 22, 2023

   Read second time. Ordered to Consent Calendar.

8. August 21, 2023

   From committee: Be ordered to second reading file pursuant to Senate Rule 28.8 and ordered to Consent Calendar.

9. August 14, 2023

   From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.

10. August 02, 2023

    In committee: Set, first hearing. Hearing canceled at the request of author.

11. July 05, 2023

    From committee: Do pass and re-refer to Com. on APPR with recommendation: To Consent Calendar. (Ayes 5. Noes 0.) (July 3). Re-referred to Com. on APPR.

12. June 22, 2023

    From committee: Do pass and re-refer to Com. on HUMAN S. with recommendation: To Consent Calendar. (Ayes 12. Noes 0.) (June 21). Re-referred to Com. on HUMAN S.

13. June 07, 2023

    Referred to Coms. on HEALTH and HUMAN S.

14. May 31, 2023

    In Senate. Read first time. To Com. on RLS. for assignment.

15. May 30, 2023

    Read third time. Passed. Ordered to the Senate. (Ayes 80. Noes 0. Page 1886.)

16. May 18, 2023

    Read second time. Ordered to third reading.

17. May 18, 2023

    From committee: Do pass. (Ayes 15. Noes 0.) (May 18).

18. May 18, 2023

    Joint Rule 62(a), file notice suspended. (Page 1580.)

19. May 17, 2023

    In committee: Set, first hearing. Referred to APPR. suspense file.

20. April 26, 2023

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (April 25). Re-referred to Com. on APPR.

21. April 24, 2023

    Re-referred to Com. on AGING & L.T.C.

22. April 20, 2023

    From committee chair, with author's amendments: Amend, and re-refer to Com. on AGING & L.T.C. Read second time and amended.

23. March 02, 2023

    Referred to Com. on AGING & L.T.C.

24. February 16, 2023

    From printer. May be heard in committee March 18.

25. February 15, 2023

    Read first time. To print.

Sponsors

• David Alvarez · Primary

Votes

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