Amended IN Assembly May 24, 2021 Amended IN Assembly April 12, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 665Introduced by Assembly Member Eduardo GarciaFebruary 12, 2021 An act to amend Section 1569.269 of add Section 1569.319 to the Health and Safety Code, relating to residential care facilities for the elderly. LEGISLATIVE COUNSEL'S DIGESTAB 665, as amended, Eduardo Garcia. Residential care facilities for the elderly: resident rights: internet access.The California Residential Care Facilities for the Elderly Act (act) requires the State Department of Social Services to license, inspect, and regulate residential care facilities for the elderly and imposes criminal penalties on a person who violates the act or who willfully or repeatedly violates any rule or regulation adopted under the act. The act enumerates specific rights and liberties for residents that are to be posted inside the facility and personally provided to each resident. These rights include, among others, being granted a reasonable level of personal privacy in accommodations, medical treatment, personal care and assistance, visits, communications, telephone conversations, use of the internet, and meetings of resident and family groups. requires these facilities to provide certain basic services to residents and to recognize certain resident rights, as specified.This bill would add to those rights the right to have available at least one internet access tool with videoconference technology as part of the equipment and supplies provided to meet the requirements of the facilitys activity program, consistent with a specified regulation. require a residential care facility for the elderly with existing internet service to make available at least one internet access tool with videoconference technology, to enable residents to participate in virtual visits or meetings, as specified. Because a violation of the bill would be a misdemeanor, the bill would create 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 Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 1569.319 is added to the Health and Safety Code, to read:1569.319. (a) A facility licensed under this chapter with existing internet service shall make available at least one internet access tool with videoconference technology, to enable residents to participate in virtual visits or meetings in a manner that allows for discussion of personal or confidential information.(b) This section does not limit the authority of the facility staff to limit or deny access to the internet access tool for security or staffing reasons.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.SECTION 1.Section 1569.269 of the Health and Safety Code is amended to read:1569.269.(a)Residents of residential care facilities for the elderly shall have all of the following rights:(1)To be accorded dignity in their personal relationships with staff, residents, and other persons.(2)To be granted a reasonable level of personal privacy in accommodations, medical treatment, personal care and assistance, visits, communications, telephone conversations, use of the Internet, and meetings of resident and family groups.(3)To confidential treatment of their records and personal information and to approve their release, except as authorized by law.(4)To be encouraged and assisted in exercising their rights as citizens and as residents of the facility. Residents shall be free from interference, coercion, discrimination, and retaliation in exercising their rights.(5)To be accorded safe, healthful, and comfortable accommodations, furnishings, and equipment.(6)To care, supervision, and services that meet their individual needs and are delivered by staff that are sufficient in numbers, qualifications, and competency to meet their needs.(7)To be served food of the quality and in the quantity necessary to meet their nutritional needs.(8)To make choices concerning their daily life in the facility.(9)To fully participate in planning their care, including the right to attend and participate in meetings or communications regarding the care and services to be provided in accordance with Section 1569.80, and to involve persons of their choice in the planning process. The licensee shall provide necessary information and support to ensure that residents direct the process to the maximum extent possible, and are enabled to make informed decisions and choices.(10)To be free from neglect, financial exploitation, involuntary seclusion, punishment, humiliation, intimidation, and verbal, mental, physical, or sexual abuse.(11)To present grievances and recommend changes in policies, procedures, and services to the staff of the facility, the facilitys management and governing authority, and to any other person without restraint, coercion, discrimination, reprisal, or other retaliatory actions. The licensee shall take prompt actions to respond to residents grievances.(12)To contact the State Department of Social Services, the long-term care ombudsman, or both, regarding grievances against the licensee. The licensee shall post the telephone numbers and addresses for the local offices of the State Department of Social Services and ombudsman program, in accordance with Section 9718 of the Welfare and Institutions Code, conspicuously in the facility foyer, lobby, residents activity room, or other location easily accessible to residents.(13)To be fully informed, as evidenced by the residents written acknowledgement, prior to or at the time of admission, of all rules governing residents conduct and responsibilities. In accordance with Section 1569.885, all rules established by a licensee shall be reasonable and shall not violate any rights set forth in this chapter or in other applicable laws or regulations.(14)To receive in the admission agreement a comprehensive description of the method for evaluating residents service needs and the fee schedule for the items and services provided, and to receive written notice of any rate increases pursuant to Sections 1569.655 and 1569.884.(15)To be informed in writing at or before the time of admission of any resident retention limitations set by the state or licensee, including any limitations or restrictions on the licensees ability to meet residents needs.(16)To reasonable accommodation of individual needs and preferences in all aspects of life in the facility, except when the health or safety of the individual or other residents would be endangered.(17)To reasonable accommodation of resident preferences concerning room and roommate choices.(18)To written notice of any room changes at least 30 days in advance unless the request for a change is agreed to by the resident, required to fill a vacant bed, or necessary due to an emergency.(19)To share a room with the residents spouse, domestic partner, or a person of residents choice when both spouses, partners, or residents live in the same facility and consent to the arrangement.(20)To select their own physicians, pharmacies, privately paid personal assistants, hospice agency, and health care providers, in a manner that is consistent with the residents contract of admission or other rules of the facility, and in accordance with this act.(21)To have prompt access to review all of their records and to purchase photocopies. Photocopied records shall be promptly provided, not to exceed two business days, at a cost not to exceed the community standard for photocopies.(22)To be protected from involuntary transfers, discharges, and evictions in violation of state laws and regulations. Facilities shall not involuntarily transfer or evict residents for grounds other than those specifically enumerated under state law or regulations, and shall comply with enumerated eviction and relocation protections for residents. For purposes of this paragraph, involuntary means a transfer, discharge, or eviction that is initiated by the licensee, not by the resident.(23)To move from a facility.(24)To consent to have relatives and other individuals of the residents choosing visit during reasonable hours, privately and without prior notice.(25)To receive written information on the right to establish an advanced health care directive and, pursuant to Section 1569.156, the licensees written policies on honoring those directives.(26)To be encouraged to maintain and develop their fullest potential for independent living through participation in activities that are designed and implemented for this purpose, in accordance with Section 87219 of Title 22 of the California Code of Regulations.(27)To organize and participate in a resident council that is established pursuant to Section 1569.157.(28)To protection of their property from theft or loss in accordance with Sections 1569.152, 1569.153, and 1569.154.(29)To manage their financial affairs. A licensee shall not require residents to deposit their personal funds with the licensee. Except as provided in approved continuing care agreements, a licensee, or a spouse, domestic partner, relative, or employee of a licensee, shall not do any of the following:(A)Accept appointment as a guardian or conservator of the person or estate of a resident.(B)Become or act as a representative payee for any payments made to a resident, without the written and documented consent of the resident or the residents representative.(C)Serve as an agent for a resident under any general or special power of attorney.(D)Become or act as a joint tenant on any account with a resident.(E)Enter into a loan or promissory agreement or otherwise borrow money from a resident without a notarized written agreement outlining the terms of the repayment being given to the resident.(30)To keep, have access to, and use their own personal possessions, including toilet articles, and to keep and be allowed to spend their own money, unless limited by statute or regulation.(31)In a facility with existing internet service, to have available at least one internet access tool with videoconference technology as part of the equipment and supplies provided to meet the requirements of the activity program, consistent with Section 87219 of Title 22 of the California Code of Regulations.(A)This paragraph does not limit the authority of the facility staff to limit or deny access to the internet access tool for security or staffing reasons.(B)Use of the internet access tool shall be administered in a manner that takes into account facility layout and staffing. This subparagraph shall not be construed to unreasonably limit residents use of the internet access tool.(b)A licensed residential care facility for the elderly shall not discriminate against a person seeking admission or a resident based on sex, race, color, religion, national origin, marital status, registered domestic partner status, ancestry, actual or perceived sexual orientation, or actual or perceived gender identity.(c)No provision of a contract of admission, including all documents that a resident or the residents representative is required to sign as part of the contract for, or as a condition of, admission to a residential care facility for the elderly, shall require that a resident waive benefits or rights to which they are entitled under this chapter or provided by federal or other state law or regulation.(d)Residents family members, friends, and representatives have the right to organize and participate in a family council that is established pursuant to Section 1569.158.(e)The rights specified in this section shall be in addition to any other rights provided by law.(f)The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.SEC. 2.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.
Amended IN Assembly May 24, 2021 Amended IN Assembly April 12, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 665Introduced by Assembly Member Eduardo GarciaFebruary 12, 2021 An act to amend Section 1569.269 of add Section 1569.319 to the Health and Safety Code, relating to residential care facilities for the elderly. LEGISLATIVE COUNSEL'S DIGESTAB 665, as amended, Eduardo Garcia. Residential care facilities for the elderly: resident rights: internet access.The California Residential Care Facilities for the Elderly Act (act) requires the State Department of Social Services to license, inspect, and regulate residential care facilities for the elderly and imposes criminal penalties on a person who violates the act or who willfully or repeatedly violates any rule or regulation adopted under the act. The act enumerates specific rights and liberties for residents that are to be posted inside the facility and personally provided to each resident. These rights include, among others, being granted a reasonable level of personal privacy in accommodations, medical treatment, personal care and assistance, visits, communications, telephone conversations, use of the internet, and meetings of resident and family groups. requires these facilities to provide certain basic services to residents and to recognize certain resident rights, as specified.This bill would add to those rights the right to have available at least one internet access tool with videoconference technology as part of the equipment and supplies provided to meet the requirements of the facilitys activity program, consistent with a specified regulation. require a residential care facility for the elderly with existing internet service to make available at least one internet access tool with videoconference technology, to enable residents to participate in virtual visits or meetings, as specified. Because a violation of the bill would be a misdemeanor, the bill would create 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
Amended IN Assembly May 24, 2021 Amended IN Assembly April 12, 2021
Amended IN Assembly May 24, 2021
Amended IN Assembly April 12, 2021
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
Assembly Bill
No. 665
Introduced by Assembly Member Eduardo GarciaFebruary 12, 2021
Introduced by Assembly Member Eduardo Garcia
February 12, 2021
An act to amend Section 1569.269 of add Section 1569.319 to the Health and Safety Code, relating to residential care facilities for the elderly.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 665, as amended, Eduardo Garcia. Residential care facilities for the elderly: resident rights: internet access.
The California Residential Care Facilities for the Elderly Act (act) requires the State Department of Social Services to license, inspect, and regulate residential care facilities for the elderly and imposes criminal penalties on a person who violates the act or who willfully or repeatedly violates any rule or regulation adopted under the act. The act enumerates specific rights and liberties for residents that are to be posted inside the facility and personally provided to each resident. These rights include, among others, being granted a reasonable level of personal privacy in accommodations, medical treatment, personal care and assistance, visits, communications, telephone conversations, use of the internet, and meetings of resident and family groups. requires these facilities to provide certain basic services to residents and to recognize certain resident rights, as specified.This bill would add to those rights the right to have available at least one internet access tool with videoconference technology as part of the equipment and supplies provided to meet the requirements of the facilitys activity program, consistent with a specified regulation. require a residential care facility for the elderly with existing internet service to make available at least one internet access tool with videoconference technology, to enable residents to participate in virtual visits or meetings, as specified. Because a violation of the bill would be a misdemeanor, the bill would create 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.
The California Residential Care Facilities for the Elderly Act (act) requires the State Department of Social Services to license, inspect, and regulate residential care facilities for the elderly and imposes criminal penalties on a person who violates the act or who willfully or repeatedly violates any rule or regulation adopted under the act. The act enumerates specific rights and liberties for residents that are to be posted inside the facility and personally provided to each resident. These rights include, among others, being granted a reasonable level of personal privacy in accommodations, medical treatment, personal care and assistance, visits, communications, telephone conversations, use of the internet, and meetings of resident and family groups. requires these facilities to provide certain basic services to residents and to recognize certain resident rights, as specified.
This bill would add to those rights the right to have available at least one internet access tool with videoconference technology as part of the equipment and supplies provided to meet the requirements of the facilitys activity program, consistent with a specified regulation. require a residential care facility for the elderly with existing internet service to make available at least one internet access tool with videoconference technology, to enable residents to participate in virtual visits or meetings, as specified. Because a violation of the bill would be a misdemeanor, the bill would create 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
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 1569.319 is added to the Health and Safety Code, to read:1569.319. (a) A facility licensed under this chapter with existing internet service shall make available at least one internet access tool with videoconference technology, to enable residents to participate in virtual visits or meetings in a manner that allows for discussion of personal or confidential information.(b) This section does not limit the authority of the facility staff to limit or deny access to the internet access tool for security or staffing reasons.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.SECTION 1.Section 1569.269 of the Health and Safety Code is amended to read:1569.269.(a)Residents of residential care facilities for the elderly shall have all of the following rights:(1)To be accorded dignity in their personal relationships with staff, residents, and other persons.(2)To be granted a reasonable level of personal privacy in accommodations, medical treatment, personal care and assistance, visits, communications, telephone conversations, use of the Internet, and meetings of resident and family groups.(3)To confidential treatment of their records and personal information and to approve their release, except as authorized by law.(4)To be encouraged and assisted in exercising their rights as citizens and as residents of the facility. Residents shall be free from interference, coercion, discrimination, and retaliation in exercising their rights.(5)To be accorded safe, healthful, and comfortable accommodations, furnishings, and equipment.(6)To care, supervision, and services that meet their individual needs and are delivered by staff that are sufficient in numbers, qualifications, and competency to meet their needs.(7)To be served food of the quality and in the quantity necessary to meet their nutritional needs.(8)To make choices concerning their daily life in the facility.(9)To fully participate in planning their care, including the right to attend and participate in meetings or communications regarding the care and services to be provided in accordance with Section 1569.80, and to involve persons of their choice in the planning process. The licensee shall provide necessary information and support to ensure that residents direct the process to the maximum extent possible, and are enabled to make informed decisions and choices.(10)To be free from neglect, financial exploitation, involuntary seclusion, punishment, humiliation, intimidation, and verbal, mental, physical, or sexual abuse.(11)To present grievances and recommend changes in policies, procedures, and services to the staff of the facility, the facilitys management and governing authority, and to any other person without restraint, coercion, discrimination, reprisal, or other retaliatory actions. The licensee shall take prompt actions to respond to residents grievances.(12)To contact the State Department of Social Services, the long-term care ombudsman, or both, regarding grievances against the licensee. The licensee shall post the telephone numbers and addresses for the local offices of the State Department of Social Services and ombudsman program, in accordance with Section 9718 of the Welfare and Institutions Code, conspicuously in the facility foyer, lobby, residents activity room, or other location easily accessible to residents.(13)To be fully informed, as evidenced by the residents written acknowledgement, prior to or at the time of admission, of all rules governing residents conduct and responsibilities. In accordance with Section 1569.885, all rules established by a licensee shall be reasonable and shall not violate any rights set forth in this chapter or in other applicable laws or regulations.(14)To receive in the admission agreement a comprehensive description of the method for evaluating residents service needs and the fee schedule for the items and services provided, and to receive written notice of any rate increases pursuant to Sections 1569.655 and 1569.884.(15)To be informed in writing at or before the time of admission of any resident retention limitations set by the state or licensee, including any limitations or restrictions on the licensees ability to meet residents needs.(16)To reasonable accommodation of individual needs and preferences in all aspects of life in the facility, except when the health or safety of the individual or other residents would be endangered.(17)To reasonable accommodation of resident preferences concerning room and roommate choices.(18)To written notice of any room changes at least 30 days in advance unless the request for a change is agreed to by the resident, required to fill a vacant bed, or necessary due to an emergency.(19)To share a room with the residents spouse, domestic partner, or a person of residents choice when both spouses, partners, or residents live in the same facility and consent to the arrangement.(20)To select their own physicians, pharmacies, privately paid personal assistants, hospice agency, and health care providers, in a manner that is consistent with the residents contract of admission or other rules of the facility, and in accordance with this act.(21)To have prompt access to review all of their records and to purchase photocopies. Photocopied records shall be promptly provided, not to exceed two business days, at a cost not to exceed the community standard for photocopies.(22)To be protected from involuntary transfers, discharges, and evictions in violation of state laws and regulations. Facilities shall not involuntarily transfer or evict residents for grounds other than those specifically enumerated under state law or regulations, and shall comply with enumerated eviction and relocation protections for residents. For purposes of this paragraph, involuntary means a transfer, discharge, or eviction that is initiated by the licensee, not by the resident.(23)To move from a facility.(24)To consent to have relatives and other individuals of the residents choosing visit during reasonable hours, privately and without prior notice.(25)To receive written information on the right to establish an advanced health care directive and, pursuant to Section 1569.156, the licensees written policies on honoring those directives.(26)To be encouraged to maintain and develop their fullest potential for independent living through participation in activities that are designed and implemented for this purpose, in accordance with Section 87219 of Title 22 of the California Code of Regulations.(27)To organize and participate in a resident council that is established pursuant to Section 1569.157.(28)To protection of their property from theft or loss in accordance with Sections 1569.152, 1569.153, and 1569.154.(29)To manage their financial affairs. A licensee shall not require residents to deposit their personal funds with the licensee. Except as provided in approved continuing care agreements, a licensee, or a spouse, domestic partner, relative, or employee of a licensee, shall not do any of the following:(A)Accept appointment as a guardian or conservator of the person or estate of a resident.(B)Become or act as a representative payee for any payments made to a resident, without the written and documented consent of the resident or the residents representative.(C)Serve as an agent for a resident under any general or special power of attorney.(D)Become or act as a joint tenant on any account with a resident.(E)Enter into a loan or promissory agreement or otherwise borrow money from a resident without a notarized written agreement outlining the terms of the repayment being given to the resident.(30)To keep, have access to, and use their own personal possessions, including toilet articles, and to keep and be allowed to spend their own money, unless limited by statute or regulation.(31)In a facility with existing internet service, to have available at least one internet access tool with videoconference technology as part of the equipment and supplies provided to meet the requirements of the activity program, consistent with Section 87219 of Title 22 of the California Code of Regulations.(A)This paragraph does not limit the authority of the facility staff to limit or deny access to the internet access tool for security or staffing reasons.(B)Use of the internet access tool shall be administered in a manner that takes into account facility layout and staffing. This subparagraph shall not be construed to unreasonably limit residents use of the internet access tool.(b)A licensed residential care facility for the elderly shall not discriminate against a person seeking admission or a resident based on sex, race, color, religion, national origin, marital status, registered domestic partner status, ancestry, actual or perceived sexual orientation, or actual or perceived gender identity.(c)No provision of a contract of admission, including all documents that a resident or the residents representative is required to sign as part of the contract for, or as a condition of, admission to a residential care facility for the elderly, shall require that a resident waive benefits or rights to which they are entitled under this chapter or provided by federal or other state law or regulation.(d)Residents family members, friends, and representatives have the right to organize and participate in a family council that is established pursuant to Section 1569.158.(e)The rights specified in this section shall be in addition to any other rights provided by law.(f)The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.SEC. 2.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.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 1569.319 is added to the Health and Safety Code, to read:1569.319. (a) A facility licensed under this chapter with existing internet service shall make available at least one internet access tool with videoconference technology, to enable residents to participate in virtual visits or meetings in a manner that allows for discussion of personal or confidential information.(b) This section does not limit the authority of the facility staff to limit or deny access to the internet access tool for security or staffing reasons.
SECTION 1. Section 1569.319 is added to the Health and Safety Code, to read:
### SECTION 1.
1569.319. (a) A facility licensed under this chapter with existing internet service shall make available at least one internet access tool with videoconference technology, to enable residents to participate in virtual visits or meetings in a manner that allows for discussion of personal or confidential information.(b) This section does not limit the authority of the facility staff to limit or deny access to the internet access tool for security or staffing reasons.
1569.319. (a) A facility licensed under this chapter with existing internet service shall make available at least one internet access tool with videoconference technology, to enable residents to participate in virtual visits or meetings in a manner that allows for discussion of personal or confidential information.(b) This section does not limit the authority of the facility staff to limit or deny access to the internet access tool for security or staffing reasons.
1569.319. (a) A facility licensed under this chapter with existing internet service shall make available at least one internet access tool with videoconference technology, to enable residents to participate in virtual visits or meetings in a manner that allows for discussion of personal or confidential information.(b) This section does not limit the authority of the facility staff to limit or deny access to the internet access tool for security or staffing reasons.
1569.319. (a) A facility licensed under this chapter with existing internet service shall make available at least one internet access tool with videoconference technology, to enable residents to participate in virtual visits or meetings in a manner that allows for discussion of personal or confidential information.
(b) This section does not limit the authority of the facility staff to limit or deny access to the internet access tool for security or staffing reasons.
SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
### SEC. 2.
(a)Residents of residential care facilities for the elderly shall have all of the following rights:
(1)To be accorded dignity in their personal relationships with staff, residents, and other persons.
(2)To be granted a reasonable level of personal privacy in accommodations, medical treatment, personal care and assistance, visits, communications, telephone conversations, use of the Internet, and meetings of resident and family groups.
(3)To confidential treatment of their records and personal information and to approve their release, except as authorized by law.
(4)To be encouraged and assisted in exercising their rights as citizens and as residents of the facility. Residents shall be free from interference, coercion, discrimination, and retaliation in exercising their rights.
(5)To be accorded safe, healthful, and comfortable accommodations, furnishings, and equipment.
(6)To care, supervision, and services that meet their individual needs and are delivered by staff that are sufficient in numbers, qualifications, and competency to meet their needs.
(7)To be served food of the quality and in the quantity necessary to meet their nutritional needs.
(8)To make choices concerning their daily life in the facility.
(9)To fully participate in planning their care, including the right to attend and participate in meetings or communications regarding the care and services to be provided in accordance with Section 1569.80, and to involve persons of their choice in the planning process. The licensee shall provide necessary information and support to ensure that residents direct the process to the maximum extent possible, and are enabled to make informed decisions and choices.
(10)To be free from neglect, financial exploitation, involuntary seclusion, punishment, humiliation, intimidation, and verbal, mental, physical, or sexual abuse.
(11)To present grievances and recommend changes in policies, procedures, and services to the staff of the facility, the facilitys management and governing authority, and to any other person without restraint, coercion, discrimination, reprisal, or other retaliatory actions. The licensee shall take prompt actions to respond to residents grievances.
(12)To contact the State Department of Social Services, the long-term care ombudsman, or both, regarding grievances against the licensee. The licensee shall post the telephone numbers and addresses for the local offices of the State Department of Social Services and ombudsman program, in accordance with Section 9718 of the Welfare and Institutions Code, conspicuously in the facility foyer, lobby, residents activity room, or other location easily accessible to residents.
(13)To be fully informed, as evidenced by the residents written acknowledgement, prior to or at the time of admission, of all rules governing residents conduct and responsibilities. In accordance with Section 1569.885, all rules established by a licensee shall be reasonable and shall not violate any rights set forth in this chapter or in other applicable laws or regulations.
(14)To receive in the admission agreement a comprehensive description of the method for evaluating residents service needs and the fee schedule for the items and services provided, and to receive written notice of any rate increases pursuant to Sections 1569.655 and 1569.884.
(15)To be informed in writing at or before the time of admission of any resident retention limitations set by the state or licensee, including any limitations or restrictions on the licensees ability to meet residents needs.
(16)To reasonable accommodation of individual needs and preferences in all aspects of life in the facility, except when the health or safety of the individual or other residents would be endangered.
(17)To reasonable accommodation of resident preferences concerning room and roommate choices.
(18)To written notice of any room changes at least 30 days in advance unless the request for a change is agreed to by the resident, required to fill a vacant bed, or necessary due to an emergency.
(19)To share a room with the residents spouse, domestic partner, or a person of residents choice when both spouses, partners, or residents live in the same facility and consent to the arrangement.
(20)To select their own physicians, pharmacies, privately paid personal assistants, hospice agency, and health care providers, in a manner that is consistent with the residents contract of admission or other rules of the facility, and in accordance with this act.
(21)To have prompt access to review all of their records and to purchase photocopies. Photocopied records shall be promptly provided, not to exceed two business days, at a cost not to exceed the community standard for photocopies.
(22)To be protected from involuntary transfers, discharges, and evictions in violation of state laws and regulations. Facilities shall not involuntarily transfer or evict residents for grounds other than those specifically enumerated under state law or regulations, and shall comply with enumerated eviction and relocation protections for residents. For purposes of this paragraph, involuntary means a transfer, discharge, or eviction that is initiated by the licensee, not by the resident.
(23)To move from a facility.
(24)To consent to have relatives and other individuals of the residents choosing visit during reasonable hours, privately and without prior notice.
(25)To receive written information on the right to establish an advanced health care directive and, pursuant to Section 1569.156, the licensees written policies on honoring those directives.
(26)To be encouraged to maintain and develop their fullest potential for independent living through participation in activities that are designed and implemented for this purpose, in accordance with Section 87219 of Title 22 of the California Code of Regulations.
(27)To organize and participate in a resident council that is established pursuant to Section 1569.157.
(28)To protection of their property from theft or loss in accordance with Sections 1569.152, 1569.153, and 1569.154.
(29)To manage their financial affairs. A licensee shall not require residents to deposit their personal funds with the licensee. Except as provided in approved continuing care agreements, a licensee, or a spouse, domestic partner, relative, or employee of a licensee, shall not do any of the following:
(A)Accept appointment as a guardian or conservator of the person or estate of a resident.
(B)Become or act as a representative payee for any payments made to a resident, without the written and documented consent of the resident or the residents representative.
(C)Serve as an agent for a resident under any general or special power of attorney.
(D)Become or act as a joint tenant on any account with a resident.
(E)Enter into a loan or promissory agreement or otherwise borrow money from a resident without a notarized written agreement outlining the terms of the repayment being given to the resident.
(30)To keep, have access to, and use their own personal possessions, including toilet articles, and to keep and be allowed to spend their own money, unless limited by statute or regulation.
(31)In a facility with existing internet service, to have available at least one internet access tool with videoconference technology as part of the equipment and supplies provided to meet the requirements of the activity program, consistent with Section 87219 of Title 22 of the California Code of Regulations.
(A)This paragraph does not limit the authority of the facility staff to limit or deny access to the internet access tool for security or staffing reasons.
(B)Use of the internet access tool shall be administered in a manner that takes into account facility layout and staffing. This subparagraph shall not be construed to unreasonably limit residents use of the internet access tool.
(b)A licensed residential care facility for the elderly shall not discriminate against a person seeking admission or a resident based on sex, race, color, religion, national origin, marital status, registered domestic partner status, ancestry, actual or perceived sexual orientation, or actual or perceived gender identity.
(c)No provision of a contract of admission, including all documents that a resident or the residents representative is required to sign as part of the contract for, or as a condition of, admission to a residential care facility for the elderly, shall require that a resident waive benefits or rights to which they are entitled under this chapter or provided by federal or other state law or regulation.
(d)Residents family members, friends, and representatives have the right to organize and participate in a family council that is established pursuant to Section 1569.158.
(e)The rights specified in this section shall be in addition to any other rights provided by law.
(f)The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
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.