California 2021-2022 Regular Session Status: Enacted 2 D cosponsors

AB 849 — Skilled nursing facilities: intermediate care facilities: liability.

Last action — Chaptered by Secretary of State - Chapter 471, Statutes of 2021.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 17, 2021. Enacted.

Prognosis

Likely to advance 74% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (2 D).

  • Cleared a recorded vote

    Passed 5 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law authorizes a current or former resident or patient of a skilled nursing facility or intermediate care facility, as defined, to bring a civil action against the licensee of a facility who violates any of specified rights of the resident or patient or any other right provided for by federal or state law or regulation. Existing law makes the licensee liable for up to $500. Existing case law interpreting that provision held that the $500 limit on civil damages applies to each action and not to each violation. This bill would also authorize the legal representative, personal representative, or successor in interest of a current or former resident or patient of a skilled nursing facility or intermediate care facility to bring that civil action. The bill, for violations that occur on or after March 1, 2021, would make the licensee liable for up to $500 per violation and would prescribe required factors to be considered in assessing the amount of the damages, including, among others, the nature and seriousness of each violation.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 471, Statutes of 2021.

  2. Approved by the Governor.

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

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 54. Noes 6. Page 2829.).

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 4 pursuant to Assembly Rule 77.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 29. Noes 7. Page 2334.).

  7. Read second time. Ordered to third reading.

  8. Read third time and amended. Ordered to second reading.

  9. Read second time and amended. Ordered to third reading.

  10. From committee: Amend, and do pass as amended. (Ayes 9. Noes 2.) (June 22).

  11. Referred to Com. on JUD.

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

  13. Read third time. Passed. Ordered to the Senate. (Ayes 51. Noes 14. Page 1182.)

  14. Read second time. Ordered to third reading.

  15. From committee: Do pass. (Ayes 8. Noes 3.) (April 13).

  16. Re-referred to Com. on JUD. pursuant to Assembly Rule 96.

  17. Referred to Com. on HEALTH.

  18. From printer. May be heard in committee March 20.

  19. Read first time. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 120 not signed on · 12 voted No

Sponsors (1)

Co-sponsors (1)

Not signed on (120)

120 members have not signed on to this bill.

Show all 120 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 849 Reyes Concurrence in Senate Amendments

Passed 54 Yea · 6 Nay · 20 Other
Party YeaNayPresentNot Voting
Unaffiliated 322010
Democratic 22005
Republican 0405
Total 546020
% of votes cast 68%8%0%25%
How each member voted (80)
Member Party Vote
Voepel — Yea
Friedman — Yea
Cooley — Yea
Chiu — Yea
Mullin — Yea
Holden — Yea
Villapudua — Yea
Salas — Yea
Jones-Sawyer — Yea
Santiago — Yea
Maienschein — Yea
Rodriguez — Yea
Quirk — Yea
Wood — Yea
Mayes — Yea
Nazarian — Yea
Ting — Yea
Low — Yea
Frazier — Yea
O'Donnell — Yea
Waldron — Yea
Daly — Yea
McCarty — Yea
Medina — Yea
Burke — Yea
Cooper — Yea
Chau — Yea
Cunningham — Nay
Kiley — Nay
Bloom — Not Voting
Mathis — Not Voting
Bigelow — Not Voting
Rendon — Not Voting
Levine — Not Voting
Gray — Not Voting
Smith — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Not Voting
Lorena Gonzalez — Not Voting
Luz Rivas — Yea
Mark Stone — Yea
Vince Fong — Not Voting
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Not Voting
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gabriel, Jesse Democratic Not Voting
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Not Voting
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Not Voting
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Not Voting
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Chen, Phillip Republican Not Voting
Choi, Steven S. Republican Not Voting
Dahle, Megan Republican Nay
Davies, Laurie Republican Nay
Flora, Heath Republican Not Voting
Gallagher, James Republican Nay
Lackey, Tom Republican Not Voting
Seyarto, Kelly Republican Nay
Valladares, Suzette Martinez Republican Not Voting

Official roll call →

3rd Reading AB849 Reyes et al. By Laird

Passed 29 Yea · 7 Nay · 4 Other
Party YeaNayPresentNot Voting
Democratic 12001
Unaffiliated 17501
Republican 0202
Total 29704
% of votes cast 73%18%0%10%
How each member voted (40)
Member Party Vote
Gonzalez — Yea
Newman — Yea
Melendez — Nay
Nielsen — Nay
Bates — Nay
Borgeas — Nay
Wilk — Nay
Dodd — Yea
Kamlager — Yea
Roth — Yea
Rubio — Yea
Skinner — Yea
Hertzberg — Yea
Glazer — Yea
Leyva — Yea
Wieckowski — Yea
Atkins — Yea
Eggman — Yea
Pan — Yea
Hueso — Yea
Min — Yea
Portantino — Yea
Bradford — Not Voting
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Yea
Becker, Josh Democratic Yea
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Hurtado, Melissa Democratic Yea
Laird, John Democratic Yea
Limón, Monique Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Not Voting
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Not Voting
Ochoa Bogh, Rosilicie Republican Not Voting

Official roll call →

Do pass as amended

Passed 9 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 3100
Democratic 6000
Republican 0100
Total 9200
% of votes cast 82%18%0%0%
How each member voted (11)
Member Party Vote
Gonzalez — Yea
Wieckowski — Yea
Hertzberg — Yea
Borgeas — Nay
Caballero, Anna M. Democratic Yea
Durazo, Maria Elena Democratic Yea
Laird, John Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Jones, Brian W. Republican Nay

Official roll call →

AB 849 Reyes Assembly Third Reading

Passed 51 Yea · 14 Nay · 13 Other
Party YeaNayPresentNot Voting
Democratic 21204
Unaffiliated 30407
Republican 0802
Total 5114013
% of votes cast 65%18%0%17%
How each member voted (78)
Member Party Vote
McCarty — Yea
Gray — Yea
Burke — Yea
Chau — Yea
Smith — Nay
Kiley — Nay
Mathis — Nay
Bigelow — Nay
Waldron — Not Voting
Cunningham — Not Voting
Mayes — Not Voting
Cooper — Not Voting
Medina — Not Voting
Daly — Not Voting
Salas — Not Voting
Bloom — Yea
Friedman — Yea
Voepel — Yea
Cooley — Yea
Chiu — Yea
Rendon — Yea
Mullin — Yea
Holden — Yea
Villapudua — Yea
Jones-Sawyer — Yea
Santiago — Yea
Maienschein — Yea
Rodriguez — Yea
Quirk — Yea
Wood — Yea
Nazarian — Yea
Ting — Yea
Low — Yea
Frazier — Yea
O'Donnell — Yea
Levine — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Lorena Gonzalez — Yea
Luz Rivas — Yea
Mark Stone — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Not Voting
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Yea
Cervantes, Sabrina Democratic Not Voting
Fong, Mike Democratic Nay
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Nay
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Not Voting
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Not Voting
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Chen, Phillip Republican Not Voting
Choi, Steven S. Republican Nay
Dahle, Megan Republican Nay
Davies, Laurie Republican Nay
Flora, Heath Republican Not Voting
Gallagher, James Republican Nay
Lackey, Tom Republican Nay
Patterson, Joe Republican Nay
Seyarto, Kelly Republican Nay
Valladares, Suzette Martinez Republican Nay

Official roll call →

Subjects

civil-rights healthcare
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 849 do?
Existing law authorizes a current or former resident or patient of a skilled nursing facility or intermediate care facility, as defined, to bring a civil action against the licensee of a facility who violates any of specified rights of the resident or patient or any other right provided for by federal or state law or regulation. Existing law makes the licensee liable for up to $500. Existing case law interpreting that provision held that the $500 limit on civil damages applies to each action and not to each violation. This bill would also authorize the legal representative, personal representative, or successor in interest of a current or former resident or patient of a skilled nursing facility or intermediate care facility to bring that civil action. The bill, for violations that occur on or after March 1, 2021, would make the licensee liable for up to $500 per violation and would prescribe required factors to be considered in assessing the amount of the damages, including, among others, the nature and seriousness of each violation.
Who sponsors AB 849?
AB 849 is sponsored by Stern, Henry I. (Democratic) and Reyes, Eloise Gómez (Democratic).
What is the current status of AB 849?
This bill has been enacted into law. Introduced February 17, 2021. Enacted.
Where can I track AB 849?
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Last checked for changes 3 months ago · updated continuously

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