CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 849Introduced by Assembly Member ReyesFebruary 17, 2021 An act to amend Section 1430 of the Health and Safety Code, relating to health facilities. LEGISLATIVE COUNSEL'S DIGESTAB 849, as introduced, Reyes. Skilled nursing facilities: intermediate care facilities: liability.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.This bill would make the licensee liable for up to $500 per violation.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 1430 of the Health and Safety Code is amended to read:1430. (a) Except where when the state department has taken action and the violations have been corrected to its satisfaction, a licensee who commits a class A or B violation may be enjoined from permitting the violation to continue or may be sued for civil damages within a court of competent jurisdiction. An action for injunction or civil damages, or both, may be prosecuted by the Attorney General in the name of the people of the State of California upon his or her the Attorney Generals own complaint or upon the complaint of a board, officer, person, corporation, or association, or by a person acting for the interests of itself, its members, or the general public. The amount of civil damages that may be recovered in an action brought pursuant to this section may not exceed the maximum amount of civil penalties that could be assessed on account of the violation or violations.(b) A current or former resident or patient of a skilled nursing facility, as defined in subdivision (c) of Section 1250, or intermediate care facility, as defined in subdivision (d) of Section 1250, may bring a civil action against the licensee of a facility who violates any rights of the resident or patient as set forth in the Patients Bill of Rights in Section 72527 of Title 22 of the California Code of Regulations, or any other right provided for by federal or state law or regulation. The suit shall be brought in a court of competent jurisdiction. The licensee shall be liable for the acts of the licensees employees. The licensee shall be liable for up to five hundred dollars ($500), ($500) for each violation, and for costs and attorney fees, and may be enjoined from permitting the violation or violations to continue. An agreement by a resident or patient of a skilled nursing facility or intermediate care facility to waive his or her that residents or patients rights to sue pursuant to this subdivision shall be is void as contrary to public policy.(c) The remedies specified in this section shall be are in addition to any other remedy provided by law.
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 849Introduced by Assembly Member ReyesFebruary 17, 2021 An act to amend Section 1430 of the Health and Safety Code, relating to health facilities. LEGISLATIVE COUNSEL'S DIGESTAB 849, as introduced, Reyes. Skilled nursing facilities: intermediate care facilities: liability.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.This bill would make the licensee liable for up to $500 per violation.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
Assembly Bill
No. 849
Introduced by Assembly Member ReyesFebruary 17, 2021
Introduced by Assembly Member Reyes
February 17, 2021
An act to amend Section 1430 of the Health and Safety Code, relating to health facilities.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 849, as introduced, Reyes. Skilled nursing facilities: intermediate care facilities: liability.
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.This bill would make the licensee liable for up to $500 per violation.
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.
This bill would make the licensee liable for up to $500 per violation.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 1430 of the Health and Safety Code is amended to read:1430. (a) Except where when the state department has taken action and the violations have been corrected to its satisfaction, a licensee who commits a class A or B violation may be enjoined from permitting the violation to continue or may be sued for civil damages within a court of competent jurisdiction. An action for injunction or civil damages, or both, may be prosecuted by the Attorney General in the name of the people of the State of California upon his or her the Attorney Generals own complaint or upon the complaint of a board, officer, person, corporation, or association, or by a person acting for the interests of itself, its members, or the general public. The amount of civil damages that may be recovered in an action brought pursuant to this section may not exceed the maximum amount of civil penalties that could be assessed on account of the violation or violations.(b) A current or former resident or patient of a skilled nursing facility, as defined in subdivision (c) of Section 1250, or intermediate care facility, as defined in subdivision (d) of Section 1250, may bring a civil action against the licensee of a facility who violates any rights of the resident or patient as set forth in the Patients Bill of Rights in Section 72527 of Title 22 of the California Code of Regulations, or any other right provided for by federal or state law or regulation. The suit shall be brought in a court of competent jurisdiction. The licensee shall be liable for the acts of the licensees employees. The licensee shall be liable for up to five hundred dollars ($500), ($500) for each violation, and for costs and attorney fees, and may be enjoined from permitting the violation or violations to continue. An agreement by a resident or patient of a skilled nursing facility or intermediate care facility to waive his or her that residents or patients rights to sue pursuant to this subdivision shall be is void as contrary to public policy.(c) The remedies specified in this section shall be are in addition to any other remedy provided by law.
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 1430 of the Health and Safety Code is amended to read:1430. (a) Except where when the state department has taken action and the violations have been corrected to its satisfaction, a licensee who commits a class A or B violation may be enjoined from permitting the violation to continue or may be sued for civil damages within a court of competent jurisdiction. An action for injunction or civil damages, or both, may be prosecuted by the Attorney General in the name of the people of the State of California upon his or her the Attorney Generals own complaint or upon the complaint of a board, officer, person, corporation, or association, or by a person acting for the interests of itself, its members, or the general public. The amount of civil damages that may be recovered in an action brought pursuant to this section may not exceed the maximum amount of civil penalties that could be assessed on account of the violation or violations.(b) A current or former resident or patient of a skilled nursing facility, as defined in subdivision (c) of Section 1250, or intermediate care facility, as defined in subdivision (d) of Section 1250, may bring a civil action against the licensee of a facility who violates any rights of the resident or patient as set forth in the Patients Bill of Rights in Section 72527 of Title 22 of the California Code of Regulations, or any other right provided for by federal or state law or regulation. The suit shall be brought in a court of competent jurisdiction. The licensee shall be liable for the acts of the licensees employees. The licensee shall be liable for up to five hundred dollars ($500), ($500) for each violation, and for costs and attorney fees, and may be enjoined from permitting the violation or violations to continue. An agreement by a resident or patient of a skilled nursing facility or intermediate care facility to waive his or her that residents or patients rights to sue pursuant to this subdivision shall be is void as contrary to public policy.(c) The remedies specified in this section shall be are in addition to any other remedy provided by law.
SECTION 1. Section 1430 of the Health and Safety Code is amended to read:
### SECTION 1.
1430. (a) Except where when the state department has taken action and the violations have been corrected to its satisfaction, a licensee who commits a class A or B violation may be enjoined from permitting the violation to continue or may be sued for civil damages within a court of competent jurisdiction. An action for injunction or civil damages, or both, may be prosecuted by the Attorney General in the name of the people of the State of California upon his or her the Attorney Generals own complaint or upon the complaint of a board, officer, person, corporation, or association, or by a person acting for the interests of itself, its members, or the general public. The amount of civil damages that may be recovered in an action brought pursuant to this section may not exceed the maximum amount of civil penalties that could be assessed on account of the violation or violations.(b) A current or former resident or patient of a skilled nursing facility, as defined in subdivision (c) of Section 1250, or intermediate care facility, as defined in subdivision (d) of Section 1250, may bring a civil action against the licensee of a facility who violates any rights of the resident or patient as set forth in the Patients Bill of Rights in Section 72527 of Title 22 of the California Code of Regulations, or any other right provided for by federal or state law or regulation. The suit shall be brought in a court of competent jurisdiction. The licensee shall be liable for the acts of the licensees employees. The licensee shall be liable for up to five hundred dollars ($500), ($500) for each violation, and for costs and attorney fees, and may be enjoined from permitting the violation or violations to continue. An agreement by a resident or patient of a skilled nursing facility or intermediate care facility to waive his or her that residents or patients rights to sue pursuant to this subdivision shall be is void as contrary to public policy.(c) The remedies specified in this section shall be are in addition to any other remedy provided by law.
1430. (a) Except where when the state department has taken action and the violations have been corrected to its satisfaction, a licensee who commits a class A or B violation may be enjoined from permitting the violation to continue or may be sued for civil damages within a court of competent jurisdiction. An action for injunction or civil damages, or both, may be prosecuted by the Attorney General in the name of the people of the State of California upon his or her the Attorney Generals own complaint or upon the complaint of a board, officer, person, corporation, or association, or by a person acting for the interests of itself, its members, or the general public. The amount of civil damages that may be recovered in an action brought pursuant to this section may not exceed the maximum amount of civil penalties that could be assessed on account of the violation or violations.(b) A current or former resident or patient of a skilled nursing facility, as defined in subdivision (c) of Section 1250, or intermediate care facility, as defined in subdivision (d) of Section 1250, may bring a civil action against the licensee of a facility who violates any rights of the resident or patient as set forth in the Patients Bill of Rights in Section 72527 of Title 22 of the California Code of Regulations, or any other right provided for by federal or state law or regulation. The suit shall be brought in a court of competent jurisdiction. The licensee shall be liable for the acts of the licensees employees. The licensee shall be liable for up to five hundred dollars ($500), ($500) for each violation, and for costs and attorney fees, and may be enjoined from permitting the violation or violations to continue. An agreement by a resident or patient of a skilled nursing facility or intermediate care facility to waive his or her that residents or patients rights to sue pursuant to this subdivision shall be is void as contrary to public policy.(c) The remedies specified in this section shall be are in addition to any other remedy provided by law.
1430. (a) Except where when the state department has taken action and the violations have been corrected to its satisfaction, a licensee who commits a class A or B violation may be enjoined from permitting the violation to continue or may be sued for civil damages within a court of competent jurisdiction. An action for injunction or civil damages, or both, may be prosecuted by the Attorney General in the name of the people of the State of California upon his or her the Attorney Generals own complaint or upon the complaint of a board, officer, person, corporation, or association, or by a person acting for the interests of itself, its members, or the general public. The amount of civil damages that may be recovered in an action brought pursuant to this section may not exceed the maximum amount of civil penalties that could be assessed on account of the violation or violations.(b) A current or former resident or patient of a skilled nursing facility, as defined in subdivision (c) of Section 1250, or intermediate care facility, as defined in subdivision (d) of Section 1250, may bring a civil action against the licensee of a facility who violates any rights of the resident or patient as set forth in the Patients Bill of Rights in Section 72527 of Title 22 of the California Code of Regulations, or any other right provided for by federal or state law or regulation. The suit shall be brought in a court of competent jurisdiction. The licensee shall be liable for the acts of the licensees employees. The licensee shall be liable for up to five hundred dollars ($500), ($500) for each violation, and for costs and attorney fees, and may be enjoined from permitting the violation or violations to continue. An agreement by a resident or patient of a skilled nursing facility or intermediate care facility to waive his or her that residents or patients rights to sue pursuant to this subdivision shall be is void as contrary to public policy.(c) The remedies specified in this section shall be are in addition to any other remedy provided by law.
1430. (a) Except where when the state department has taken action and the violations have been corrected to its satisfaction, a licensee who commits a class A or B violation may be enjoined from permitting the violation to continue or may be sued for civil damages within a court of competent jurisdiction. An action for injunction or civil damages, or both, may be prosecuted by the Attorney General in the name of the people of the State of California upon his or her the Attorney Generals own complaint or upon the complaint of a board, officer, person, corporation, or association, or by a person acting for the interests of itself, its members, or the general public. The amount of civil damages that may be recovered in an action brought pursuant to this section may not exceed the maximum amount of civil penalties that could be assessed on account of the violation or violations.
(b) A current or former resident or patient of a skilled nursing facility, as defined in subdivision (c) of Section 1250, or intermediate care facility, as defined in subdivision (d) of Section 1250, may bring a civil action against the licensee of a facility who violates any rights of the resident or patient as set forth in the Patients Bill of Rights in Section 72527 of Title 22 of the California Code of Regulations, or any other right provided for by federal or state law or regulation. The suit shall be brought in a court of competent jurisdiction. The licensee shall be liable for the acts of the licensees employees. The licensee shall be liable for up to five hundred dollars ($500), ($500) for each violation, and for costs and attorney fees, and may be enjoined from permitting the violation or violations to continue. An agreement by a resident or patient of a skilled nursing facility or intermediate care facility to waive his or her that residents or patients rights to sue pursuant to this subdivision shall be is void as contrary to public policy.
(c) The remedies specified in this section shall be are in addition to any other remedy provided by law.