CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1309Introduced by Assembly Member ReyesFebruary 16, 2023 An act to amend Section 1599.78 of the Health and Safety Code, relating to long-term health care facilities. LEGISLATIVE COUNSEL'S DIGESTAB 1309, as introduced, Reyes. Long-term health care facilities: admission contracts.Existing law provides for the licensing and regulation of health facilities, including, but not limited to, long-term health care facilities, as defined, by the State Department of Health Care Services. A violation of the provisions relating to these facilities is a crime. Existing law requires a contract for admission to a long-term care facility to state that a resident shall not be involuntarily transferred within, or discharged from, a long-term health care facility unless the resident is given reasonable notice in writing, and transfer or discharge planning, as specified. Existing law requires the notice to state the reason for the transfer or discharge. This bill would require the notice to the resident to include specific facts to permit determination of the date, place, witnesses, and circumstances concerning the reason for the transfer or discharge. Because a violation of these requirements by a long-term health care facility would be a crime, the bill would impose 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 1599.78 of the Health and Safety Code is amended to read:1599.78. All contracts A contract of admission shall state that except in an emergency, no a resident may not be involuntarily transferred within or discharged from within, or discharged from, a long-term health care facility unless he or she the resident is given reasonable notice in writing and transfer or discharge planning as required by law. The written notice shall state the reason for the transfer or discharge. discharge, including specific facts to permit determination of the date, place, witnesses, and circumstances concerning the reason for the transfer or discharge. The facility shall immediately notify the Office of the State Long-Term Care Ombudsman in every case of involuntary discharge as specified in Section 1439.7.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.
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1309Introduced by Assembly Member ReyesFebruary 16, 2023 An act to amend Section 1599.78 of the Health and Safety Code, relating to long-term health care facilities. LEGISLATIVE COUNSEL'S DIGESTAB 1309, as introduced, Reyes. Long-term health care facilities: admission contracts.Existing law provides for the licensing and regulation of health facilities, including, but not limited to, long-term health care facilities, as defined, by the State Department of Health Care Services. A violation of the provisions relating to these facilities is a crime. Existing law requires a contract for admission to a long-term care facility to state that a resident shall not be involuntarily transferred within, or discharged from, a long-term health care facility unless the resident is given reasonable notice in writing, and transfer or discharge planning, as specified. Existing law requires the notice to state the reason for the transfer or discharge. This bill would require the notice to the resident to include specific facts to permit determination of the date, place, witnesses, and circumstances concerning the reason for the transfer or discharge. Because a violation of these requirements by a long-term health care facility would be a crime, the bill would impose 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
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Assembly Bill
No. 1309
Introduced by Assembly Member ReyesFebruary 16, 2023
Introduced by Assembly Member Reyes
February 16, 2023
An act to amend Section 1599.78 of the Health and Safety Code, relating to long-term health care facilities.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1309, as introduced, Reyes. Long-term health care facilities: admission contracts.
Existing law provides for the licensing and regulation of health facilities, including, but not limited to, long-term health care facilities, as defined, by the State Department of Health Care Services. A violation of the provisions relating to these facilities is a crime. Existing law requires a contract for admission to a long-term care facility to state that a resident shall not be involuntarily transferred within, or discharged from, a long-term health care facility unless the resident is given reasonable notice in writing, and transfer or discharge planning, as specified. Existing law requires the notice to state the reason for the transfer or discharge. This bill would require the notice to the resident to include specific facts to permit determination of the date, place, witnesses, and circumstances concerning the reason for the transfer or discharge. Because a violation of these requirements by a long-term health care facility would be a crime, the bill would impose 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.
Existing law provides for the licensing and regulation of health facilities, including, but not limited to, long-term health care facilities, as defined, by the State Department of Health Care Services. A violation of the provisions relating to these facilities is a crime. Existing law requires a contract for admission to a long-term care facility to state that a resident shall not be involuntarily transferred within, or discharged from, a long-term health care facility unless the resident is given reasonable notice in writing, and transfer or discharge planning, as specified. Existing law requires the notice to state the reason for the transfer or discharge.
This bill would require the notice to the resident to include specific facts to permit determination of the date, place, witnesses, and circumstances concerning the reason for the transfer or discharge. Because a violation of these requirements by a long-term health care facility would be a crime, the bill would impose 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 1599.78 of the Health and Safety Code is amended to read:1599.78. All contracts A contract of admission shall state that except in an emergency, no a resident may not be involuntarily transferred within or discharged from within, or discharged from, a long-term health care facility unless he or she the resident is given reasonable notice in writing and transfer or discharge planning as required by law. The written notice shall state the reason for the transfer or discharge. discharge, including specific facts to permit determination of the date, place, witnesses, and circumstances concerning the reason for the transfer or discharge. The facility shall immediately notify the Office of the State Long-Term Care Ombudsman in every case of involuntary discharge as specified in Section 1439.7.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.
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 1599.78 of the Health and Safety Code is amended to read:1599.78. All contracts A contract of admission shall state that except in an emergency, no a resident may not be involuntarily transferred within or discharged from within, or discharged from, a long-term health care facility unless he or she the resident is given reasonable notice in writing and transfer or discharge planning as required by law. The written notice shall state the reason for the transfer or discharge. discharge, including specific facts to permit determination of the date, place, witnesses, and circumstances concerning the reason for the transfer or discharge. The facility shall immediately notify the Office of the State Long-Term Care Ombudsman in every case of involuntary discharge as specified in Section 1439.7.
SECTION 1. Section 1599.78 of the Health and Safety Code is amended to read:
### SECTION 1.
1599.78. All contracts A contract of admission shall state that except in an emergency, no a resident may not be involuntarily transferred within or discharged from within, or discharged from, a long-term health care facility unless he or she the resident is given reasonable notice in writing and transfer or discharge planning as required by law. The written notice shall state the reason for the transfer or discharge. discharge, including specific facts to permit determination of the date, place, witnesses, and circumstances concerning the reason for the transfer or discharge. The facility shall immediately notify the Office of the State Long-Term Care Ombudsman in every case of involuntary discharge as specified in Section 1439.7.
1599.78. All contracts A contract of admission shall state that except in an emergency, no a resident may not be involuntarily transferred within or discharged from within, or discharged from, a long-term health care facility unless he or she the resident is given reasonable notice in writing and transfer or discharge planning as required by law. The written notice shall state the reason for the transfer or discharge. discharge, including specific facts to permit determination of the date, place, witnesses, and circumstances concerning the reason for the transfer or discharge. The facility shall immediately notify the Office of the State Long-Term Care Ombudsman in every case of involuntary discharge as specified in Section 1439.7.
1599.78. All contracts A contract of admission shall state that except in an emergency, no a resident may not be involuntarily transferred within or discharged from within, or discharged from, a long-term health care facility unless he or she the resident is given reasonable notice in writing and transfer or discharge planning as required by law. The written notice shall state the reason for the transfer or discharge. discharge, including specific facts to permit determination of the date, place, witnesses, and circumstances concerning the reason for the transfer or discharge. The facility shall immediately notify the Office of the State Long-Term Care Ombudsman in every case of involuntary discharge as specified in Section 1439.7.
1599.78. All contracts A contract of admission shall state that except in an emergency, no a resident may not be involuntarily transferred within or discharged from within, or discharged from, a long-term health care facility unless he or she the resident is given reasonable notice in writing and transfer or discharge planning as required by law. The written notice shall state the reason for the transfer or discharge. discharge, including specific facts to permit determination of the date, place, witnesses, and circumstances concerning the reason for the transfer or discharge. The facility shall immediately notify the Office of the State Long-Term Care Ombudsman in every case of involuntary discharge as specified in Section 1439.7.
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.