California Assembly Bill AB1855

California 2021-2022 Regular Session

• Introduced: 2/8/22
• Refer: 3/24/22
• Report Pass: 3/24/22
• Refer: 3/28/22
• Report Pass: 4/6/22
• Refer: 4/7/22
• Report Pass: 4/20/22
• Refer: 4/20/22
• Report Pass: 5/4/22
• Engrossed: 5/12/22
• Refer: 5/12/22
• Refer: 5/25/22
• Report Pass: 6/6/22
• Refer: 6/6/22
• Report Pass: 6/14/22
• Refer: 6/14/22
• Report Pass: 6/15/22
• Refer: 6/15/22
• Report Pass: 6/30/22
• Refer: 8/1/22
• Enrolled: 8/24/22
• Chaptered: 9/27/22
• Passed: 9/27/22

Caption

Long-Term Care Ombudsman Program: facility access.

Impact

AB 1855 introduces significant changes to the legal framework governing long-term care facilities. By clarifying that ombudsman representatives cannot be denied entry under normal circumstances, it aims to prevent abuses of rights that could affect residents' health and safety. It also allows facilities to require ombudsman representatives to adhere to infection control protocols during emergencies, balancing resident safety with oversight needs. The legislation is viewed as not only a reinforcement of existing rights but also a necessary adjustment in response to challenges faced during the pandemic, asserting the role of ombudspersons in protecting vulnerable populations.

Summary

Assembly Bill 1855, authored by Nazarian, seeks to enhance the access rights of representatives from the Office of the State Long-Term Care Ombudsman to long-term care facilities in California. The bill was prompted by instances during the COVID-19 pandemic when ombudsman representatives were denied entry to these facilities, despite having legal authorization. The legislation reinforces the Ombudsman's ability to investigate complaints and ensure the rights and welfare of residents in skilled nursing and residential care facilities. Furthermore, the bill adds Section 9718.5 to the Welfare and Institutions Code, prohibiting any facility from denying access to an ombudsman acting in their official capacity.

Sentiment

The overall sentiment surrounding AB 1855 has been largely positive, especially among advocacy groups and legislators concerned about the welfare of elderly residents. Proponents argue that this bill restores essential oversight and accountability in long-term care facilities, which is crucial to preventing neglect and abuse. Conversely, some concerns were raised about the implications of emergency protocols, wherein the ability of public health officers to limit access could still pose challenges to ombudsman functions in urgent situations. Nonetheless, the measure has gained broad support within the legislature, reflecting a collective intent to safeguard the rights of elderly citizens.

Contention

Notable points of contention include the potential for conflict between emergency public health measures and the right of ombudsman representatives to access facilities. While the bill does provide for adherence to infection control protocols during emergencies, critics worry that this could lead to scenarios where ombudspersons are still effectively barred from fulfilling their oversight roles under certain health guidelines. Additionally, discussions around adequate training and resources for ombudsman representatives during health crises have surfaced as important considerations to enhance the bill's effectiveness and the protection of resident rights.