Amended IN Senate August 01, 2022 Amended IN Senate June 15, 2022 Amended IN Senate June 06, 2022 Amended IN Assembly April 06, 2022 Amended IN Assembly March 24, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 1855Introduced by Assembly Member NazarianFebruary 08, 2022An act to add Section 9718.5 to the Welfare and Institutions Code, relating to seniors.LEGISLATIVE COUNSEL'S DIGESTAB 1855, as amended, Nazarian. Long-Term Care Ombudsman Program: facility access.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. Under existing law, if an individual is a patient in a skilled nursing facility when a written advance health care directive is executed, the advance health care directive is not effective unless a patient advocate or ombudsman signs the advance directive as a witness, as specified.This bill, notwithstanding any other law, bill would prohibit a skilled nursing facility or residential care facility from denying entry to a representative of the office acting in their official capacity, except when the Governor has declared a state of emergency related to a contagious, infectious, or communicable disease, and any of specified circumstances applies at the time the representative requests entry, including, but not limited to, the representative tests positive for the disease that is the reason for the emergency declaration during screening by the skilled nursing facility or residential care facility. as specified. The bill would authorize a facility, during the a state of emergency, health emergency, or local health emergency to require a representative of the office entering the facility to adhere to infection control protocols for the duration of their visit that are no more stringent than those required for facility staff. The bill would make related findings and declarations.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) During the COVID-19 pandemic, representatives of the Office of the State Long-Term Care Ombudsman were denied entry to long-term care facilities, despite explicit authorization to do so, as provided in Section 9722 of the Welfare and Institutions Code. In some instances, it was an owner-operator denying entry into a facility where quality of care was substandard, and complaints from residents required entry into the facility for investigative purposes.(b) An advance health care directive is a legal document that specifies how an individual wants their medical decisions to be made if they are unable to make those decisions. An advance health care directive informs an individuals health care team and loved ones regarding the kind of health care the individual wants, or who they wish to make health care decisions on their behalf if they cannot. Section 4675 of the Probate Code requires a written advance health care directive for a patient in a skilled nursing facility to be witnessed by a patient advocate or ombudsman in order to be effective; however, ombudsman representatives were not permitted to enter these facilities during the beginning of the COVID-19 pandemic. This created a significant problem for facility residents during a time when they had a critical need for the ombudsmans assistance, especially when residents contracted COVID-19 and experienced complications.(c) It is, therefore, the intent of the Legislature in enacting this act to reaffirm the unabridged right of representatives of the State Long-Term Care Ombudsman to enter long-term care facilities in the performance of their official duties. SEC. 2. Section 9718.5 is added to the Welfare and Institutions Code, to read:9718.5. (a) (1) Notwithstanding any other law, except Except as provided in paragraph (2), a skilled nursing facility or residential care facility shall not, under any circumstances, except as provided in paragraph (2), deny entry to a representative of the office acting in their official capacity.(2)Notwithstanding paragraph (1), a skilled nursing facility or residential care facility may deny entry to a representative of the office if the Governor has declared a state of emergency related to a contagious, infectious, or communicable disease, and any of the following applies at the time the representative requests entry:(A)The representative has tested positive for the disease that is the reason for the emergency declaration and has not reached the end of the applicable isolation period requirements.(B)The representative tests positive for the disease that is the reason for the emergency declaration during screening by the skilled nursing facility or residential care facility.(C)The representative shows symptoms consistent with the disease that is the reason for the emergency declaration.(3)If the representative is denied entry pursuant to paragraph (2), the representative shall inform the office and request that the office send a new representative.(2) Notwithstanding paragraph (1), nothing in this section is intended to affect the ability of the State Public Health Officer or a local health officer to limit contact with patients or staff at a skilled nursing facility or residential care facility in order to prevent or limit the spread of a contagious, infectious, or communicable disease.(b) During a state of emergency as described in this section, declared by the Governor, a health emergency declared by the State Public Health Officer, or a local health emergency declared by a local health officer, a skilled nursing facility or residential care facility may require the representative of the office entering the facility to adhere to infection control protocols for the duration of their visit that are no more stringent than those required for facility staff.
Amended IN Senate August 01, 2022 Amended IN Senate June 15, 2022 Amended IN Senate June 06, 2022 Amended IN Assembly April 06, 2022 Amended IN Assembly March 24, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 1855Introduced by Assembly Member NazarianFebruary 08, 2022An act to add Section 9718.5 to the Welfare and Institutions Code, relating to seniors.LEGISLATIVE COUNSEL'S DIGESTAB 1855, as amended, Nazarian. Long-Term Care Ombudsman Program: facility access.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. Under existing law, if an individual is a patient in a skilled nursing facility when a written advance health care directive is executed, the advance health care directive is not effective unless a patient advocate or ombudsman signs the advance directive as a witness, as specified.This bill, notwithstanding any other law, bill would prohibit a skilled nursing facility or residential care facility from denying entry to a representative of the office acting in their official capacity, except when the Governor has declared a state of emergency related to a contagious, infectious, or communicable disease, and any of specified circumstances applies at the time the representative requests entry, including, but not limited to, the representative tests positive for the disease that is the reason for the emergency declaration during screening by the skilled nursing facility or residential care facility. as specified. The bill would authorize a facility, during the a state of emergency, health emergency, or local health emergency to require a representative of the office entering the facility to adhere to infection control protocols for the duration of their visit that are no more stringent than those required for facility staff. The bill would make related findings and declarations.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
Amended IN Senate August 01, 2022 Amended IN Senate June 15, 2022 Amended IN Senate June 06, 2022 Amended IN Assembly April 06, 2022 Amended IN Assembly March 24, 2022
Amended IN Senate August 01, 2022
Amended IN Senate June 15, 2022
Amended IN Senate June 06, 2022
Amended IN Assembly April 06, 2022
Amended IN Assembly March 24, 2022
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
Assembly Bill
No. 1855
Introduced by Assembly Member NazarianFebruary 08, 2022
Introduced by Assembly Member Nazarian
February 08, 2022
An act to add Section 9718.5 to the Welfare and Institutions Code, relating to seniors.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1855, as amended, Nazarian. Long-Term Care Ombudsman Program: facility access.
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. Under existing law, if an individual is a patient in a skilled nursing facility when a written advance health care directive is executed, the advance health care directive is not effective unless a patient advocate or ombudsman signs the advance directive as a witness, as specified.This bill, notwithstanding any other law, bill would prohibit a skilled nursing facility or residential care facility from denying entry to a representative of the office acting in their official capacity, except when the Governor has declared a state of emergency related to a contagious, infectious, or communicable disease, and any of specified circumstances applies at the time the representative requests entry, including, but not limited to, the representative tests positive for the disease that is the reason for the emergency declaration during screening by the skilled nursing facility or residential care facility. as specified. The bill would authorize a facility, during the a state of emergency, health emergency, or local health emergency to require a representative of the office entering the facility to adhere to infection control protocols for the duration of their visit that are no more stringent than those required for facility staff. The bill would make related findings and declarations.
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. Under existing law, if an individual is a patient in a skilled nursing facility when a written advance health care directive is executed, the advance health care directive is not effective unless a patient advocate or ombudsman signs the advance directive as a witness, as specified.
This bill, notwithstanding any other law, bill would prohibit a skilled nursing facility or residential care facility from denying entry to a representative of the office acting in their official capacity, except when the Governor has declared a state of emergency related to a contagious, infectious, or communicable disease, and any of specified circumstances applies at the time the representative requests entry, including, but not limited to, the representative tests positive for the disease that is the reason for the emergency declaration during screening by the skilled nursing facility or residential care facility. as specified. The bill would authorize a facility, during the a state of emergency, health emergency, or local health emergency to require a representative of the office entering the facility to adhere to infection control protocols for the duration of their visit that are no more stringent than those required for facility staff. The bill would make related findings and declarations.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) During the COVID-19 pandemic, representatives of the Office of the State Long-Term Care Ombudsman were denied entry to long-term care facilities, despite explicit authorization to do so, as provided in Section 9722 of the Welfare and Institutions Code. In some instances, it was an owner-operator denying entry into a facility where quality of care was substandard, and complaints from residents required entry into the facility for investigative purposes.(b) An advance health care directive is a legal document that specifies how an individual wants their medical decisions to be made if they are unable to make those decisions. An advance health care directive informs an individuals health care team and loved ones regarding the kind of health care the individual wants, or who they wish to make health care decisions on their behalf if they cannot. Section 4675 of the Probate Code requires a written advance health care directive for a patient in a skilled nursing facility to be witnessed by a patient advocate or ombudsman in order to be effective; however, ombudsman representatives were not permitted to enter these facilities during the beginning of the COVID-19 pandemic. This created a significant problem for facility residents during a time when they had a critical need for the ombudsmans assistance, especially when residents contracted COVID-19 and experienced complications.(c) It is, therefore, the intent of the Legislature in enacting this act to reaffirm the unabridged right of representatives of the State Long-Term Care Ombudsman to enter long-term care facilities in the performance of their official duties. SEC. 2. Section 9718.5 is added to the Welfare and Institutions Code, to read:9718.5. (a) (1) Notwithstanding any other law, except Except as provided in paragraph (2), a skilled nursing facility or residential care facility shall not, under any circumstances, except as provided in paragraph (2), deny entry to a representative of the office acting in their official capacity.(2)Notwithstanding paragraph (1), a skilled nursing facility or residential care facility may deny entry to a representative of the office if the Governor has declared a state of emergency related to a contagious, infectious, or communicable disease, and any of the following applies at the time the representative requests entry:(A)The representative has tested positive for the disease that is the reason for the emergency declaration and has not reached the end of the applicable isolation period requirements.(B)The representative tests positive for the disease that is the reason for the emergency declaration during screening by the skilled nursing facility or residential care facility.(C)The representative shows symptoms consistent with the disease that is the reason for the emergency declaration.(3)If the representative is denied entry pursuant to paragraph (2), the representative shall inform the office and request that the office send a new representative.(2) Notwithstanding paragraph (1), nothing in this section is intended to affect the ability of the State Public Health Officer or a local health officer to limit contact with patients or staff at a skilled nursing facility or residential care facility in order to prevent or limit the spread of a contagious, infectious, or communicable disease.(b) During a state of emergency as described in this section, declared by the Governor, a health emergency declared by the State Public Health Officer, or a local health emergency declared by a local health officer, a skilled nursing facility or residential care facility may require the representative of the office entering the facility to adhere to infection control protocols for the duration of their visit that are no more stringent than those required for facility staff.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. The Legislature finds and declares all of the following:(a) During the COVID-19 pandemic, representatives of the Office of the State Long-Term Care Ombudsman were denied entry to long-term care facilities, despite explicit authorization to do so, as provided in Section 9722 of the Welfare and Institutions Code. In some instances, it was an owner-operator denying entry into a facility where quality of care was substandard, and complaints from residents required entry into the facility for investigative purposes.(b) An advance health care directive is a legal document that specifies how an individual wants their medical decisions to be made if they are unable to make those decisions. An advance health care directive informs an individuals health care team and loved ones regarding the kind of health care the individual wants, or who they wish to make health care decisions on their behalf if they cannot. Section 4675 of the Probate Code requires a written advance health care directive for a patient in a skilled nursing facility to be witnessed by a patient advocate or ombudsman in order to be effective; however, ombudsman representatives were not permitted to enter these facilities during the beginning of the COVID-19 pandemic. This created a significant problem for facility residents during a time when they had a critical need for the ombudsmans assistance, especially when residents contracted COVID-19 and experienced complications.(c) It is, therefore, the intent of the Legislature in enacting this act to reaffirm the unabridged right of representatives of the State Long-Term Care Ombudsman to enter long-term care facilities in the performance of their official duties.
SECTION 1. The Legislature finds and declares all of the following:(a) During the COVID-19 pandemic, representatives of the Office of the State Long-Term Care Ombudsman were denied entry to long-term care facilities, despite explicit authorization to do so, as provided in Section 9722 of the Welfare and Institutions Code. In some instances, it was an owner-operator denying entry into a facility where quality of care was substandard, and complaints from residents required entry into the facility for investigative purposes.(b) An advance health care directive is a legal document that specifies how an individual wants their medical decisions to be made if they are unable to make those decisions. An advance health care directive informs an individuals health care team and loved ones regarding the kind of health care the individual wants, or who they wish to make health care decisions on their behalf if they cannot. Section 4675 of the Probate Code requires a written advance health care directive for a patient in a skilled nursing facility to be witnessed by a patient advocate or ombudsman in order to be effective; however, ombudsman representatives were not permitted to enter these facilities during the beginning of the COVID-19 pandemic. This created a significant problem for facility residents during a time when they had a critical need for the ombudsmans assistance, especially when residents contracted COVID-19 and experienced complications.(c) It is, therefore, the intent of the Legislature in enacting this act to reaffirm the unabridged right of representatives of the State Long-Term Care Ombudsman to enter long-term care facilities in the performance of their official duties.
SECTION 1. The Legislature finds and declares all of the following:
### SECTION 1.
(a) During the COVID-19 pandemic, representatives of the Office of the State Long-Term Care Ombudsman were denied entry to long-term care facilities, despite explicit authorization to do so, as provided in Section 9722 of the Welfare and Institutions Code. In some instances, it was an owner-operator denying entry into a facility where quality of care was substandard, and complaints from residents required entry into the facility for investigative purposes.
(b) An advance health care directive is a legal document that specifies how an individual wants their medical decisions to be made if they are unable to make those decisions. An advance health care directive informs an individuals health care team and loved ones regarding the kind of health care the individual wants, or who they wish to make health care decisions on their behalf if they cannot. Section 4675 of the Probate Code requires a written advance health care directive for a patient in a skilled nursing facility to be witnessed by a patient advocate or ombudsman in order to be effective; however, ombudsman representatives were not permitted to enter these facilities during the beginning of the COVID-19 pandemic. This created a significant problem for facility residents during a time when they had a critical need for the ombudsmans assistance, especially when residents contracted COVID-19 and experienced complications.
(c) It is, therefore, the intent of the Legislature in enacting this act to reaffirm the unabridged right of representatives of the State Long-Term Care Ombudsman to enter long-term care facilities in the performance of their official duties.
SEC. 2. Section 9718.5 is added to the Welfare and Institutions Code, to read:9718.5. (a) (1) Notwithstanding any other law, except Except as provided in paragraph (2), a skilled nursing facility or residential care facility shall not, under any circumstances, except as provided in paragraph (2), deny entry to a representative of the office acting in their official capacity.(2)Notwithstanding paragraph (1), a skilled nursing facility or residential care facility may deny entry to a representative of the office if the Governor has declared a state of emergency related to a contagious, infectious, or communicable disease, and any of the following applies at the time the representative requests entry:(A)The representative has tested positive for the disease that is the reason for the emergency declaration and has not reached the end of the applicable isolation period requirements.(B)The representative tests positive for the disease that is the reason for the emergency declaration during screening by the skilled nursing facility or residential care facility.(C)The representative shows symptoms consistent with the disease that is the reason for the emergency declaration.(3)If the representative is denied entry pursuant to paragraph (2), the representative shall inform the office and request that the office send a new representative.(2) Notwithstanding paragraph (1), nothing in this section is intended to affect the ability of the State Public Health Officer or a local health officer to limit contact with patients or staff at a skilled nursing facility or residential care facility in order to prevent or limit the spread of a contagious, infectious, or communicable disease.(b) During a state of emergency as described in this section, declared by the Governor, a health emergency declared by the State Public Health Officer, or a local health emergency declared by a local health officer, a skilled nursing facility or residential care facility may require the representative of the office entering the facility to adhere to infection control protocols for the duration of their visit that are no more stringent than those required for facility staff.
SEC. 2. Section 9718.5 is added to the Welfare and Institutions Code, to read:
### SEC. 2.
9718.5. (a) (1) Notwithstanding any other law, except Except as provided in paragraph (2), a skilled nursing facility or residential care facility shall not, under any circumstances, except as provided in paragraph (2), deny entry to a representative of the office acting in their official capacity.(2)Notwithstanding paragraph (1), a skilled nursing facility or residential care facility may deny entry to a representative of the office if the Governor has declared a state of emergency related to a contagious, infectious, or communicable disease, and any of the following applies at the time the representative requests entry:(A)The representative has tested positive for the disease that is the reason for the emergency declaration and has not reached the end of the applicable isolation period requirements.(B)The representative tests positive for the disease that is the reason for the emergency declaration during screening by the skilled nursing facility or residential care facility.(C)The representative shows symptoms consistent with the disease that is the reason for the emergency declaration.(3)If the representative is denied entry pursuant to paragraph (2), the representative shall inform the office and request that the office send a new representative.(2) Notwithstanding paragraph (1), nothing in this section is intended to affect the ability of the State Public Health Officer or a local health officer to limit contact with patients or staff at a skilled nursing facility or residential care facility in order to prevent or limit the spread of a contagious, infectious, or communicable disease.(b) During a state of emergency as described in this section, declared by the Governor, a health emergency declared by the State Public Health Officer, or a local health emergency declared by a local health officer, a skilled nursing facility or residential care facility may require the representative of the office entering the facility to adhere to infection control protocols for the duration of their visit that are no more stringent than those required for facility staff.
9718.5. (a) (1) Notwithstanding any other law, except Except as provided in paragraph (2), a skilled nursing facility or residential care facility shall not, under any circumstances, except as provided in paragraph (2), deny entry to a representative of the office acting in their official capacity.(2)Notwithstanding paragraph (1), a skilled nursing facility or residential care facility may deny entry to a representative of the office if the Governor has declared a state of emergency related to a contagious, infectious, or communicable disease, and any of the following applies at the time the representative requests entry:(A)The representative has tested positive for the disease that is the reason for the emergency declaration and has not reached the end of the applicable isolation period requirements.(B)The representative tests positive for the disease that is the reason for the emergency declaration during screening by the skilled nursing facility or residential care facility.(C)The representative shows symptoms consistent with the disease that is the reason for the emergency declaration.(3)If the representative is denied entry pursuant to paragraph (2), the representative shall inform the office and request that the office send a new representative.(2) Notwithstanding paragraph (1), nothing in this section is intended to affect the ability of the State Public Health Officer or a local health officer to limit contact with patients or staff at a skilled nursing facility or residential care facility in order to prevent or limit the spread of a contagious, infectious, or communicable disease.(b) During a state of emergency as described in this section, declared by the Governor, a health emergency declared by the State Public Health Officer, or a local health emergency declared by a local health officer, a skilled nursing facility or residential care facility may require the representative of the office entering the facility to adhere to infection control protocols for the duration of their visit that are no more stringent than those required for facility staff.
9718.5. (a) (1) Notwithstanding any other law, except Except as provided in paragraph (2), a skilled nursing facility or residential care facility shall not, under any circumstances, except as provided in paragraph (2), deny entry to a representative of the office acting in their official capacity.(2)Notwithstanding paragraph (1), a skilled nursing facility or residential care facility may deny entry to a representative of the office if the Governor has declared a state of emergency related to a contagious, infectious, or communicable disease, and any of the following applies at the time the representative requests entry:(A)The representative has tested positive for the disease that is the reason for the emergency declaration and has not reached the end of the applicable isolation period requirements.(B)The representative tests positive for the disease that is the reason for the emergency declaration during screening by the skilled nursing facility or residential care facility.(C)The representative shows symptoms consistent with the disease that is the reason for the emergency declaration.(3)If the representative is denied entry pursuant to paragraph (2), the representative shall inform the office and request that the office send a new representative.(2) Notwithstanding paragraph (1), nothing in this section is intended to affect the ability of the State Public Health Officer or a local health officer to limit contact with patients or staff at a skilled nursing facility or residential care facility in order to prevent or limit the spread of a contagious, infectious, or communicable disease.(b) During a state of emergency as described in this section, declared by the Governor, a health emergency declared by the State Public Health Officer, or a local health emergency declared by a local health officer, a skilled nursing facility or residential care facility may require the representative of the office entering the facility to adhere to infection control protocols for the duration of their visit that are no more stringent than those required for facility staff.
9718.5. (a) (1) Notwithstanding any other law, except Except as provided in paragraph (2), a skilled nursing facility or residential care facility shall not, under any circumstances, except as provided in paragraph (2), deny entry to a representative of the office acting in their official capacity.
(2)Notwithstanding paragraph (1), a skilled nursing facility or residential care facility may deny entry to a representative of the office if the Governor has declared a state of emergency related to a contagious, infectious, or communicable disease, and any of the following applies at the time the representative requests entry:
(A)The representative has tested positive for the disease that is the reason for the emergency declaration and has not reached the end of the applicable isolation period requirements.
(B)The representative tests positive for the disease that is the reason for the emergency declaration during screening by the skilled nursing facility or residential care facility.
(C)The representative shows symptoms consistent with the disease that is the reason for the emergency declaration.
(3)If the representative is denied entry pursuant to paragraph (2), the representative shall inform the office and request that the office send a new representative.
(2) Notwithstanding paragraph (1), nothing in this section is intended to affect the ability of the State Public Health Officer or a local health officer to limit contact with patients or staff at a skilled nursing facility or residential care facility in order to prevent or limit the spread of a contagious, infectious, or communicable disease.
(b) During a state of emergency as described in this section, declared by the Governor, a health emergency declared by the State Public Health Officer, or a local health emergency declared by a local health officer, a skilled nursing facility or residential care facility may require the representative of the office entering the facility to adhere to infection control protocols for the duration of their visit that are no more stringent than those required for facility staff.