CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 979Introduced by Assembly Member AlvarezFebruary 15, 2023 An act to repeal and add Sections 1418.4 and 1569.158 of the Health and Safety Code, relating to long-term care.LEGISLATIVE COUNSEL'S DIGESTAB 979, as introduced, Alvarez. Long-term care: family councils.Existing law requires the State Department of Public Health to license and regulate skilled nursing facilities (SNFs) and intermediate care facilities (ICFs). Existing law requires the State Department of Social Services to license and regulate residential care facilities for the elderly (RCFEs). A violation of those licensing provisions is generally a crime. Existing law prohibits those facilities from prohibiting the formation of a family council, which is a meeting of family members, friends, or representatives of 2 or more residents to confer in private without facility staff. Existing law prohibits those facilities from willfully interfering with the formation, maintenance, or promotion of a family council, as specified.This bill would remove willfulness as a condition of that prohibition and would make changes to the definition and scope of prohibited interference.Existing law sets forth various requirements on facilities relating to a family council with regard to providing a designated staff person, providing adequate posting and meeting space for the family council, and responding to written requests, concerns, or recommendations within specified timeframes.This bill would require that the designated staff person be approved by the family council, as specified. The bill would require that the family council be allowed to meet virtually or at an offsite location at its discretion. If a family council submits written requests, concerns, or recommendations, the bill would require the facility to respond in writing regarding any action or inaction within 5 business days, as specified.Existing law authorizes staff or visitors to attend family council meetings, at the groups invitation.This bill would instead authorize a person other than a family member, friend, or resident representative to attend meetings, but only at the family councils invitation.Existing law requires a facility to inform family members or representatives of the existence of the family council, if applicable.This bill would also require the facility to inform friends identified in certain materials and to provide the name and contact information of the family council representative prior to or within 5 business days after the residents admission. The bill would make certain other related changes.The bill would, to the extent not in conflict with federal law, require a facility to provide the family council with certain contact information that the facility has for any family members, friends, and representatives of current residents, unless the individual has opted out of having their contact information shared with the family council based on a notification that the facility would be required to provide before sharing any contact information.If an RCFE does not have a family council, existing law requires the facility to provide written information to a newly admitted residents family or representative of their right to form a family council.This bill would also add a residents friends as recipients of that information, and would apply those provisions to SNFs and ICFs, as specified.Under existing law, a violation of the family council-related provisions is subject to specified civil penalties. In the case of RCFEs, existing law exempts a violation of those provisions from the above-described criminal penalty.This bill would also specify that, in the case of SNFs and ICFs, a violation of those provisions is exempt from the above-described criminal penalty.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) Although state law protects the rights of family members and representatives of residents of skilled nursing facilities, intermediate care facilities, and residential care facilities for the elderly to form family councils, violations of these laws are rarely enforced. Family councils play a critical role in improving and maintaining the quality of care in those facilities. Although state law requires that family councils be provided with adequate space on a prominent bulletin board or other posting area for the display of meeting notices, minutes, newsletters, or other information, family councils need to be able to meet virtually, and the facility needs to facilitate electronic communications to family councils.(b) The COVID-19 pandemic led to widescale prohibitions of visitation for hundreds of thousands of residents in long-term care, the inability to meet with other family members and resident representatives, and the inability to address grievances and problems within the facility. Resident representatives and family members of residents were physically barred from visiting the residents in their facility homes and are vulnerable to similar prohibitions in the future.(c) Family council laws need to be updated to give equal footing to electronic forms of meeting and communicating with members and potential members as they do to in-person meeting and communicating.SEC. 2. Section 1418.4 of the Health and Safety Code is repealed.1418.4.(a) No licensed skilled nursing facility or intermediate care facility may prohibit the formation of a family council, and, when requested by a member of the residents family or the residents representative, the family council shall be allowed to meet in a common meeting room of the facility at least once a month during mutually agreed upon hours.(b) Facility policies on family councils shall in no way limit the right of residents, family members, and family council members to meet independently with outside persons, including members of nonprofit or government organizations or with facility personnel during nonworking hours.(c) Family council for the purpose of this section means a meeting of family members, friends, or representatives of two or more residents to confer in private without facility staff.(d) Family councils shall also be provided adequate space on a prominent bulletin board or other posting area for the display of meeting notices, minutes, newsletters, or other information pertaining to the operation or interest of the family council.(e) Staff or visitors may attend family council meetings, at the groups invitation.(f) The facility shall provide a designated staff person who shall be responsible for providing assistance and responding to written requests that result from family council meetings.(g) The facility shall consider the views and act upon the grievances and recommendations of a family council concerning proposed policy and operational decisions affecting resident care and life in the facility.(h) The facility shall respond in writing to written requests or concerns of the family council, within 10 working days.(i) When a family council exists, the facility shall include notice of the family council meetings in at least a quarterly mailing, and shall inform family members or representatives of new residents who are identified on the admissions agreement, during the admissions process, or in the residents records, of the existence of the family council. The notice shall include the time, place, and date of meetings, and the person to contact regarding involvement in the family council.(j) No facility shall willfully interfere with the formation, maintenance, or promotion of a family council. For the purposes of this subdivision, willful interference shall include, but not be limited to, discrimination or retaliation in any way against an individual as a result of his or her participation in a family council, or the willful scheduling of facility events in conflict with a previously scheduled family council meeting.(k) (1) Violation of the provisions of this section shall constitute a violation of the residents rights.(2) Violation of the provisions of this section shall constitute a class B violation, as defined in Section 1424.SEC. 3. Section 1418.4 is added to the Health and Safety Code, to read:1418.4. (a) A licensed skilled nursing facility or intermediate care facility shall not prohibit the formation of a family council. If requested by a member of the residents family or the resident representative, the family council shall be allowed to meet in a common meeting room of the facility at least once per month during mutually agreed-upon hours. A family council shall also be allowed to meet virtually or at an offsite location at its discretion.(b) Facility policies on family councils shall in no way limit the right of residents, family members, and family council members to meet independently with outside persons, including members of nonprofit or governmental organizations or with facility personnel during nonworking hours.(c) For purposes of this section, family council means a meeting of family members, friends, or representatives of two or more residents to confer in private without facility staff.(d) A family council shall also be provided with adequate space on a prominent bulletin board or other posting area for the display of meeting notices, minutes, newsletters, or other information pertaining to the operation or interest of the family council.(e) A person other than a family member, friend, or resident representative may attend family council meetings, but only at the groups family councils invitation.(f) The facility shall provide a designated staff person, approved by the family council, who shall be responsible for providing assistance and responding to written requests that result from family council meetings.(g) The facility shall consider the views and act upon the grievances and recommendations of a family council concerning proposed policy and operational decisions affecting resident care and life in the facility.(h) If a family council submits written requests, concerns, or recommendations, the facility shall respond in writing regarding any action or inaction taken in response to the requests, concerns, or recommendations within five business days and shall detail its rationale for that response.(i) (1) If a facility has a family council, the facility shall inform the residents and any family members, friends, and resident representatives identified on the contract of admission, during the admission process, or in the residents records of the existence of the family council and provide the name and contact information of the family council representative, as designated by the family council, in writing, prior to or within five business days after the residents admission. The facility shall include notice of the family council meetings in quarterly mailings to those family members, friends, and resident representatives. The notice shall include the time, place, and date of meetings, and the name and contact information of the family council representative, as designated by the family council.(2) If a facility does not have a family council, the facility shall provide, upon admission of a new resident, written information to the residents family members, friends, or resident representatives identified on the contract of admission, during the admission process, or in the residents records, of their right to form a family council.(j) (1) A facility shall provide the family council with the names, email addresses, and other contact information that the facility has, through the contract of admission or the residents records, for any family members, friends, and representatives of current residents, unless the corresponding family member, friend, or representative has opted out of having their contact information shared with the family council pursuant to paragraph (2).(2) Before a facility shares any contact information pursuant to paragraph (1), the facility shall notify its residents and those family members, friends, and representatives about the existence of the family council, as described in subdivision (i), and the fact that contact information will be shared with the family council pursuant to paragraph (1) unless the corresponding individual opts out of having their contact information shared.(3) This subdivision shall be implemented only to the extent not in conflict with federal law.(k) A facility shall not interfere with the formation, maintenance, or promotion of a family council, or with a family councils participation in governmental surveys or inspection activities performed by any applicable departments or other entities. For purposes of this subdivision, interference shall include, but shall not be limited to, discrimination or retaliation in any way against an individual as a result of their participation in a family council, refusal to publicize family council meetings or provide appropriate space for meetings or postings as required under this section, failure to respond to written requests, concerns, or recommendations by a family council in a timely manner, or the willful scheduling of facility events in conflict with a previously scheduled family council meeting.(l) (1) A violation of this section shall constitute a violation of resident rights.(2) A violation of this section shall constitute a class B violation, as defined in Section 1424.(3) A violation of this section shall not be subject to Section 1290.SEC. 4. Section 1569.158 of the Health and Safety Code is repealed.1569.158.(a)A residential care facility for the elderly shall not prohibit the formation of a family council. When requested by a member of the residents family or the resident representative, a family council shall be allowed to meet in a common meeting room of the facility during mutually agreed upon hours.(b)Facility policies on family councils shall in no way limit the right of residents and participants in a family council to meet independently with outside persons, including members of nonprofit or government organizations or with facility personnel during nonworking hours.(c)Family council for the purpose of this section means a meeting of family members, friends, representatives, or agents as defined in Section 14110.8 of the Welfare and Institutions Code of two or more residents to confer in private without facility staff.(d)Family councils shall be provided adequate space on a prominent bulletin board or other posting area for the display of meeting notices, minutes, information, and newsletters.(e)Facility personnel or visitors may attend a family council meeting only at the family councils invitation.(f)If a family council submits written concerns or recommendations, the facility shall respond in writing regarding any action or inaction taken in response to the concerns or recommendations within 14 calendar days.(g)(1)If a facility has a family council, the facility shall include notice of the family council and its meetings to family members and resident representatives in routine mailings and shall inform family members and resident representatives of new and current residents who are identified on the admissions agreement during the admissions process or in the residents records, of the existence of the family council, the time and place of meetings of the family council, and the name of the family council representative.(2)If a facility does not have a family council, the facility shall provide, upon admission of a new resident, written information to the residents family or resident representative of their right to form a family council.(3)Upon request, and with the permission of the family council, the facility shall share the name and contact information of the designated representative of the family council with the long-term care ombudsman program.(h)If a facility has a family council and a licensed capacity of 16 or more, the facility shall appoint a designated staff liaison who shall be responsible for providing assistance to the family council and responding to written requests that result from family council meetings.(i)A facility shall not willfully interfere with the formation, maintenance, or promotion of a family council, or its participation in the regulatory inspection process. For the purposes of this subdivision, willful interference shall include, but shall not be limited to, discrimination or retaliation in any way against an individual as a result of his or her participation in a family council, refusal to publicize family council meetings or provide appropriate space for meetings or postings as required under this section, or failure to respond to written requests by a family council in a timely manner.(j)A violation of this section shall not be subject to the provisions of Section 1569.40. A violation of this section shall constitute a violation of resident rights. A facility that violates this section shall be subject to a daily civil penalty of two hundred fifty dollars ($250) until the violation is corrected. A violation shall be deemed to have been corrected on the date the facility submits documentation of the correction to the department if the correction is verified by the department.SEC. 5. Section 1569.158 is added to the Health and Safety Code, to read:1569.158. (a) A residential care facility for the elderly shall not prohibit the formation of a family council. If requested by a member of the residents family or the resident representative, the family council shall be allowed to meet in a common meeting room of the facility during mutually agreed-upon hours. A family council shall also be allowed to meet virtually or at an offsite location at its discretion.(b) Facility policies on family councils shall in no way limit the right of residents and participants in a family council to meet independently with outside persons, including members of nonprofit or governmental organizations or with facility personnel during nonworking hours.(c) For purposes of this section, family council means a meeting of family members, friends, representatives, or agents, as defined in Section 14110.8 of the Welfare and Institutions Code, of two or more residents to confer in private without facility staff.(d) A family council shall also be provided with adequate space on a prominent bulletin board or other posting area for the display of meeting notices, minutes, information, and newsletters.(e) A person other than a family member, friend, or resident representative may attend family council meetings, but only at the groups family councils invitation.(f) If a family council submits written requests, concerns, or recommendations, the facility shall respond in writing regarding any action or inaction taken in response to the requests, concerns, or recommendations within five business days and shall detail its rationale for that response.(g) (1) If a facility has a family council, the facility shall inform the residents and any family members, friends, and resident representatives identified on the contract of admission, during the admission process, or in the residents records of the existence of the family council and provide the name and contact information of the family council representative, as designated by the family council, in writing, prior to or within five business days after the residents admission. The facility shall include notice of the family council meetings in quarterly mailings to those family members, friends, and resident representatives. The notice shall include the time, place, and date of meetings, and the name and contact information of the family council representative, as designated by the family council.(2) If a facility does not have a family council, the facility shall provide, upon admission of a new resident, written information to the residents family members, friends, or resident representatives identified on the contract of admission, during the admission process, or in the residents records, of their right to form a family council.(3) Upon request, and with the permission of the family council, the facility shall share the name and contact information of the designated representative of the family council with the long-term care ombudsman program.(h) (1) A facility shall provide the family council with the names, email addresses, and other contact information that the facility has, through the contract of admission or the residents records, for any family members, friends, and representatives of current residents, unless the corresponding family member, friend, or representative has opted out of having their contact information shared with the family council pursuant to paragraph (2).(2) Before a facility shares any contact information pursuant to paragraph (1), the facility shall notify its residents and those family members, friends, and representatives about the existence of the family council, as described in subdivision (g), and the fact that contact information will be shared with the family council pursuant to paragraph (1) unless the corresponding individual opts out of having their contact information shared.(3) This subdivision shall be implemented only to the extent not in conflict with federal law.(i) If a facility has a family council and a licensed capacity of 16 or more, the facility shall appoint a designated staff liaison, with the approval of the family council, who shall be responsible for providing assistance to the family council and responding to written requests that result from family council meetings.(j) A facility shall not interfere with the formation, maintenance, or promotion of a family council, or with a family councils participation in governmental surveys or inspection activities performed by any applicable departments or other entities. For purposes of this subdivision, interference shall include, but shall not be limited to, discrimination or retaliation in any way against an individual as a result of their participation in a family council, refusal to publicize family council meetings or provide appropriate space for meetings or postings as required under this section, failure to respond to written requests, concerns, or recommendations by a family council in a timely manner, or the willful scheduling of facility events in conflict with a previously scheduled family council meeting.(k) (1) A violation of this section shall not be subject to Section 1569.40.(2) A violation of this section shall constitute a violation of resident rights.(3) A facility that violates this section shall be subject to a daily civil penalty of two hundred fifty dollars ($250) until the violation is corrected. A violation shall be deemed to have been corrected on the date the facility submits documentation of the correction to the department if the correction is verified by the department.
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 979Introduced by Assembly Member AlvarezFebruary 15, 2023 An act to repeal and add Sections 1418.4 and 1569.158 of the Health and Safety Code, relating to long-term care.LEGISLATIVE COUNSEL'S DIGESTAB 979, as introduced, Alvarez. Long-term care: family councils.Existing law requires the State Department of Public Health to license and regulate skilled nursing facilities (SNFs) and intermediate care facilities (ICFs). Existing law requires the State Department of Social Services to license and regulate residential care facilities for the elderly (RCFEs). A violation of those licensing provisions is generally a crime. Existing law prohibits those facilities from prohibiting the formation of a family council, which is a meeting of family members, friends, or representatives of 2 or more residents to confer in private without facility staff. Existing law prohibits those facilities from willfully interfering with the formation, maintenance, or promotion of a family council, as specified.This bill would remove willfulness as a condition of that prohibition and would make changes to the definition and scope of prohibited interference.Existing law sets forth various requirements on facilities relating to a family council with regard to providing a designated staff person, providing adequate posting and meeting space for the family council, and responding to written requests, concerns, or recommendations within specified timeframes.This bill would require that the designated staff person be approved by the family council, as specified. The bill would require that the family council be allowed to meet virtually or at an offsite location at its discretion. If a family council submits written requests, concerns, or recommendations, the bill would require the facility to respond in writing regarding any action or inaction within 5 business days, as specified.Existing law authorizes staff or visitors to attend family council meetings, at the groups invitation.This bill would instead authorize a person other than a family member, friend, or resident representative to attend meetings, but only at the family councils invitation.Existing law requires a facility to inform family members or representatives of the existence of the family council, if applicable.This bill would also require the facility to inform friends identified in certain materials and to provide the name and contact information of the family council representative prior to or within 5 business days after the residents admission. The bill would make certain other related changes.The bill would, to the extent not in conflict with federal law, require a facility to provide the family council with certain contact information that the facility has for any family members, friends, and representatives of current residents, unless the individual has opted out of having their contact information shared with the family council based on a notification that the facility would be required to provide before sharing any contact information.If an RCFE does not have a family council, existing law requires the facility to provide written information to a newly admitted residents family or representative of their right to form a family council.This bill would also add a residents friends as recipients of that information, and would apply those provisions to SNFs and ICFs, as specified.Under existing law, a violation of the family council-related provisions is subject to specified civil penalties. In the case of RCFEs, existing law exempts a violation of those provisions from the above-described criminal penalty.This bill would also specify that, in the case of SNFs and ICFs, a violation of those provisions is exempt from the above-described criminal penalty.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Assembly Bill
No. 979
Introduced by Assembly Member AlvarezFebruary 15, 2023
Introduced by Assembly Member Alvarez
February 15, 2023
An act to repeal and add Sections 1418.4 and 1569.158 of the Health and Safety Code, relating to long-term care.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 979, as introduced, Alvarez. Long-term care: family councils.
Existing law requires the State Department of Public Health to license and regulate skilled nursing facilities (SNFs) and intermediate care facilities (ICFs). Existing law requires the State Department of Social Services to license and regulate residential care facilities for the elderly (RCFEs). A violation of those licensing provisions is generally a crime. Existing law prohibits those facilities from prohibiting the formation of a family council, which is a meeting of family members, friends, or representatives of 2 or more residents to confer in private without facility staff. Existing law prohibits those facilities from willfully interfering with the formation, maintenance, or promotion of a family council, as specified.This bill would remove willfulness as a condition of that prohibition and would make changes to the definition and scope of prohibited interference.Existing law sets forth various requirements on facilities relating to a family council with regard to providing a designated staff person, providing adequate posting and meeting space for the family council, and responding to written requests, concerns, or recommendations within specified timeframes.This bill would require that the designated staff person be approved by the family council, as specified. The bill would require that the family council be allowed to meet virtually or at an offsite location at its discretion. If a family council submits written requests, concerns, or recommendations, the bill would require the facility to respond in writing regarding any action or inaction within 5 business days, as specified.Existing law authorizes staff or visitors to attend family council meetings, at the groups invitation.This bill would instead authorize a person other than a family member, friend, or resident representative to attend meetings, but only at the family councils invitation.Existing law requires a facility to inform family members or representatives of the existence of the family council, if applicable.This bill would also require the facility to inform friends identified in certain materials and to provide the name and contact information of the family council representative prior to or within 5 business days after the residents admission. The bill would make certain other related changes.The bill would, to the extent not in conflict with federal law, require a facility to provide the family council with certain contact information that the facility has for any family members, friends, and representatives of current residents, unless the individual has opted out of having their contact information shared with the family council based on a notification that the facility would be required to provide before sharing any contact information.If an RCFE does not have a family council, existing law requires the facility to provide written information to a newly admitted residents family or representative of their right to form a family council.This bill would also add a residents friends as recipients of that information, and would apply those provisions to SNFs and ICFs, as specified.Under existing law, a violation of the family council-related provisions is subject to specified civil penalties. In the case of RCFEs, existing law exempts a violation of those provisions from the above-described criminal penalty.This bill would also specify that, in the case of SNFs and ICFs, a violation of those provisions is exempt from the above-described criminal penalty.
Existing law requires the State Department of Public Health to license and regulate skilled nursing facilities (SNFs) and intermediate care facilities (ICFs). Existing law requires the State Department of Social Services to license and regulate residential care facilities for the elderly (RCFEs). A violation of those licensing provisions is generally a crime. Existing law prohibits those facilities from prohibiting the formation of a family council, which is a meeting of family members, friends, or representatives of 2 or more residents to confer in private without facility staff. Existing law prohibits those facilities from willfully interfering with the formation, maintenance, or promotion of a family council, as specified.
This bill would remove willfulness as a condition of that prohibition and would make changes to the definition and scope of prohibited interference.
Existing law sets forth various requirements on facilities relating to a family council with regard to providing a designated staff person, providing adequate posting and meeting space for the family council, and responding to written requests, concerns, or recommendations within specified timeframes.
This bill would require that the designated staff person be approved by the family council, as specified. The bill would require that the family council be allowed to meet virtually or at an offsite location at its discretion. If a family council submits written requests, concerns, or recommendations, the bill would require the facility to respond in writing regarding any action or inaction within 5 business days, as specified.
Existing law authorizes staff or visitors to attend family council meetings, at the groups invitation.
This bill would instead authorize a person other than a family member, friend, or resident representative to attend meetings, but only at the family councils invitation.
Existing law requires a facility to inform family members or representatives of the existence of the family council, if applicable.
This bill would also require the facility to inform friends identified in certain materials and to provide the name and contact information of the family council representative prior to or within 5 business days after the residents admission. The bill would make certain other related changes.
The bill would, to the extent not in conflict with federal law, require a facility to provide the family council with certain contact information that the facility has for any family members, friends, and representatives of current residents, unless the individual has opted out of having their contact information shared with the family council based on a notification that the facility would be required to provide before sharing any contact information.
If an RCFE does not have a family council, existing law requires the facility to provide written information to a newly admitted residents family or representative of their right to form a family council.
This bill would also add a residents friends as recipients of that information, and would apply those provisions to SNFs and ICFs, as specified.
Under existing law, a violation of the family council-related provisions is subject to specified civil penalties. In the case of RCFEs, existing law exempts a violation of those provisions from the above-described criminal penalty.
This bill would also specify that, in the case of SNFs and ICFs, a violation of those provisions is exempt from the above-described criminal penalty.
## 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) Although state law protects the rights of family members and representatives of residents of skilled nursing facilities, intermediate care facilities, and residential care facilities for the elderly to form family councils, violations of these laws are rarely enforced. Family councils play a critical role in improving and maintaining the quality of care in those facilities. Although state law requires that family councils be provided with adequate space on a prominent bulletin board or other posting area for the display of meeting notices, minutes, newsletters, or other information, family councils need to be able to meet virtually, and the facility needs to facilitate electronic communications to family councils.(b) The COVID-19 pandemic led to widescale prohibitions of visitation for hundreds of thousands of residents in long-term care, the inability to meet with other family members and resident representatives, and the inability to address grievances and problems within the facility. Resident representatives and family members of residents were physically barred from visiting the residents in their facility homes and are vulnerable to similar prohibitions in the future.(c) Family council laws need to be updated to give equal footing to electronic forms of meeting and communicating with members and potential members as they do to in-person meeting and communicating.SEC. 2. Section 1418.4 of the Health and Safety Code is repealed.1418.4.(a) No licensed skilled nursing facility or intermediate care facility may prohibit the formation of a family council, and, when requested by a member of the residents family or the residents representative, the family council shall be allowed to meet in a common meeting room of the facility at least once a month during mutually agreed upon hours.(b) Facility policies on family councils shall in no way limit the right of residents, family members, and family council members to meet independently with outside persons, including members of nonprofit or government organizations or with facility personnel during nonworking hours.(c) Family council for the purpose of this section means a meeting of family members, friends, or representatives of two or more residents to confer in private without facility staff.(d) Family councils shall also be provided adequate space on a prominent bulletin board or other posting area for the display of meeting notices, minutes, newsletters, or other information pertaining to the operation or interest of the family council.(e) Staff or visitors may attend family council meetings, at the groups invitation.(f) The facility shall provide a designated staff person who shall be responsible for providing assistance and responding to written requests that result from family council meetings.(g) The facility shall consider the views and act upon the grievances and recommendations of a family council concerning proposed policy and operational decisions affecting resident care and life in the facility.(h) The facility shall respond in writing to written requests or concerns of the family council, within 10 working days.(i) When a family council exists, the facility shall include notice of the family council meetings in at least a quarterly mailing, and shall inform family members or representatives of new residents who are identified on the admissions agreement, during the admissions process, or in the residents records, of the existence of the family council. The notice shall include the time, place, and date of meetings, and the person to contact regarding involvement in the family council.(j) No facility shall willfully interfere with the formation, maintenance, or promotion of a family council. For the purposes of this subdivision, willful interference shall include, but not be limited to, discrimination or retaliation in any way against an individual as a result of his or her participation in a family council, or the willful scheduling of facility events in conflict with a previously scheduled family council meeting.(k) (1) Violation of the provisions of this section shall constitute a violation of the residents rights.(2) Violation of the provisions of this section shall constitute a class B violation, as defined in Section 1424.SEC. 3. Section 1418.4 is added to the Health and Safety Code, to read:1418.4. (a) A licensed skilled nursing facility or intermediate care facility shall not prohibit the formation of a family council. If requested by a member of the residents family or the resident representative, the family council shall be allowed to meet in a common meeting room of the facility at least once per month during mutually agreed-upon hours. A family council shall also be allowed to meet virtually or at an offsite location at its discretion.(b) Facility policies on family councils shall in no way limit the right of residents, family members, and family council members to meet independently with outside persons, including members of nonprofit or governmental organizations or with facility personnel during nonworking hours.(c) For purposes of this section, family council means a meeting of family members, friends, or representatives of two or more residents to confer in private without facility staff.(d) A family council shall also be provided with adequate space on a prominent bulletin board or other posting area for the display of meeting notices, minutes, newsletters, or other information pertaining to the operation or interest of the family council.(e) A person other than a family member, friend, or resident representative may attend family council meetings, but only at the groups family councils invitation.(f) The facility shall provide a designated staff person, approved by the family council, who shall be responsible for providing assistance and responding to written requests that result from family council meetings.(g) The facility shall consider the views and act upon the grievances and recommendations of a family council concerning proposed policy and operational decisions affecting resident care and life in the facility.(h) If a family council submits written requests, concerns, or recommendations, the facility shall respond in writing regarding any action or inaction taken in response to the requests, concerns, or recommendations within five business days and shall detail its rationale for that response.(i) (1) If a facility has a family council, the facility shall inform the residents and any family members, friends, and resident representatives identified on the contract of admission, during the admission process, or in the residents records of the existence of the family council and provide the name and contact information of the family council representative, as designated by the family council, in writing, prior to or within five business days after the residents admission. The facility shall include notice of the family council meetings in quarterly mailings to those family members, friends, and resident representatives. The notice shall include the time, place, and date of meetings, and the name and contact information of the family council representative, as designated by the family council.(2) If a facility does not have a family council, the facility shall provide, upon admission of a new resident, written information to the residents family members, friends, or resident representatives identified on the contract of admission, during the admission process, or in the residents records, of their right to form a family council.(j) (1) A facility shall provide the family council with the names, email addresses, and other contact information that the facility has, through the contract of admission or the residents records, for any family members, friends, and representatives of current residents, unless the corresponding family member, friend, or representative has opted out of having their contact information shared with the family council pursuant to paragraph (2).(2) Before a facility shares any contact information pursuant to paragraph (1), the facility shall notify its residents and those family members, friends, and representatives about the existence of the family council, as described in subdivision (i), and the fact that contact information will be shared with the family council pursuant to paragraph (1) unless the corresponding individual opts out of having their contact information shared.(3) This subdivision shall be implemented only to the extent not in conflict with federal law.(k) A facility shall not interfere with the formation, maintenance, or promotion of a family council, or with a family councils participation in governmental surveys or inspection activities performed by any applicable departments or other entities. For purposes of this subdivision, interference shall include, but shall not be limited to, discrimination or retaliation in any way against an individual as a result of their participation in a family council, refusal to publicize family council meetings or provide appropriate space for meetings or postings as required under this section, failure to respond to written requests, concerns, or recommendations by a family council in a timely manner, or the willful scheduling of facility events in conflict with a previously scheduled family council meeting.(l) (1) A violation of this section shall constitute a violation of resident rights.(2) A violation of this section shall constitute a class B violation, as defined in Section 1424.(3) A violation of this section shall not be subject to Section 1290.SEC. 4. Section 1569.158 of the Health and Safety Code is repealed.1569.158.(a)A residential care facility for the elderly shall not prohibit the formation of a family council. When requested by a member of the residents family or the resident representative, a family council shall be allowed to meet in a common meeting room of the facility during mutually agreed upon hours.(b)Facility policies on family councils shall in no way limit the right of residents and participants in a family council to meet independently with outside persons, including members of nonprofit or government organizations or with facility personnel during nonworking hours.(c)Family council for the purpose of this section means a meeting of family members, friends, representatives, or agents as defined in Section 14110.8 of the Welfare and Institutions Code of two or more residents to confer in private without facility staff.(d)Family councils shall be provided adequate space on a prominent bulletin board or other posting area for the display of meeting notices, minutes, information, and newsletters.(e)Facility personnel or visitors may attend a family council meeting only at the family councils invitation.(f)If a family council submits written concerns or recommendations, the facility shall respond in writing regarding any action or inaction taken in response to the concerns or recommendations within 14 calendar days.(g)(1)If a facility has a family council, the facility shall include notice of the family council and its meetings to family members and resident representatives in routine mailings and shall inform family members and resident representatives of new and current residents who are identified on the admissions agreement during the admissions process or in the residents records, of the existence of the family council, the time and place of meetings of the family council, and the name of the family council representative.(2)If a facility does not have a family council, the facility shall provide, upon admission of a new resident, written information to the residents family or resident representative of their right to form a family council.(3)Upon request, and with the permission of the family council, the facility shall share the name and contact information of the designated representative of the family council with the long-term care ombudsman program.(h)If a facility has a family council and a licensed capacity of 16 or more, the facility shall appoint a designated staff liaison who shall be responsible for providing assistance to the family council and responding to written requests that result from family council meetings.(i)A facility shall not willfully interfere with the formation, maintenance, or promotion of a family council, or its participation in the regulatory inspection process. For the purposes of this subdivision, willful interference shall include, but shall not be limited to, discrimination or retaliation in any way against an individual as a result of his or her participation in a family council, refusal to publicize family council meetings or provide appropriate space for meetings or postings as required under this section, or failure to respond to written requests by a family council in a timely manner.(j)A violation of this section shall not be subject to the provisions of Section 1569.40. A violation of this section shall constitute a violation of resident rights. A facility that violates this section shall be subject to a daily civil penalty of two hundred fifty dollars ($250) until the violation is corrected. A violation shall be deemed to have been corrected on the date the facility submits documentation of the correction to the department if the correction is verified by the department.SEC. 5. Section 1569.158 is added to the Health and Safety Code, to read:1569.158. (a) A residential care facility for the elderly shall not prohibit the formation of a family council. If requested by a member of the residents family or the resident representative, the family council shall be allowed to meet in a common meeting room of the facility during mutually agreed-upon hours. A family council shall also be allowed to meet virtually or at an offsite location at its discretion.(b) Facility policies on family councils shall in no way limit the right of residents and participants in a family council to meet independently with outside persons, including members of nonprofit or governmental organizations or with facility personnel during nonworking hours.(c) For purposes of this section, family council means a meeting of family members, friends, representatives, or agents, as defined in Section 14110.8 of the Welfare and Institutions Code, of two or more residents to confer in private without facility staff.(d) A family council shall also be provided with adequate space on a prominent bulletin board or other posting area for the display of meeting notices, minutes, information, and newsletters.(e) A person other than a family member, friend, or resident representative may attend family council meetings, but only at the groups family councils invitation.(f) If a family council submits written requests, concerns, or recommendations, the facility shall respond in writing regarding any action or inaction taken in response to the requests, concerns, or recommendations within five business days and shall detail its rationale for that response.(g) (1) If a facility has a family council, the facility shall inform the residents and any family members, friends, and resident representatives identified on the contract of admission, during the admission process, or in the residents records of the existence of the family council and provide the name and contact information of the family council representative, as designated by the family council, in writing, prior to or within five business days after the residents admission. The facility shall include notice of the family council meetings in quarterly mailings to those family members, friends, and resident representatives. The notice shall include the time, place, and date of meetings, and the name and contact information of the family council representative, as designated by the family council.(2) If a facility does not have a family council, the facility shall provide, upon admission of a new resident, written information to the residents family members, friends, or resident representatives identified on the contract of admission, during the admission process, or in the residents records, of their right to form a family council.(3) Upon request, and with the permission of the family council, the facility shall share the name and contact information of the designated representative of the family council with the long-term care ombudsman program.(h) (1) A facility shall provide the family council with the names, email addresses, and other contact information that the facility has, through the contract of admission or the residents records, for any family members, friends, and representatives of current residents, unless the corresponding family member, friend, or representative has opted out of having their contact information shared with the family council pursuant to paragraph (2).(2) Before a facility shares any contact information pursuant to paragraph (1), the facility shall notify its residents and those family members, friends, and representatives about the existence of the family council, as described in subdivision (g), and the fact that contact information will be shared with the family council pursuant to paragraph (1) unless the corresponding individual opts out of having their contact information shared.(3) This subdivision shall be implemented only to the extent not in conflict with federal law.(i) If a facility has a family council and a licensed capacity of 16 or more, the facility shall appoint a designated staff liaison, with the approval of the family council, who shall be responsible for providing assistance to the family council and responding to written requests that result from family council meetings.(j) A facility shall not interfere with the formation, maintenance, or promotion of a family council, or with a family councils participation in governmental surveys or inspection activities performed by any applicable departments or other entities. For purposes of this subdivision, interference shall include, but shall not be limited to, discrimination or retaliation in any way against an individual as a result of their participation in a family council, refusal to publicize family council meetings or provide appropriate space for meetings or postings as required under this section, failure to respond to written requests, concerns, or recommendations by a family council in a timely manner, or the willful scheduling of facility events in conflict with a previously scheduled family council meeting.(k) (1) A violation of this section shall not be subject to Section 1569.40.(2) A violation of this section shall constitute a violation of resident rights.(3) A facility that violates this section shall be subject to a daily civil penalty of two hundred fifty dollars ($250) until the violation is corrected. A violation shall be deemed to have been corrected on the date the facility submits documentation of the correction to the department if the correction is verified by the department.
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) Although state law protects the rights of family members and representatives of residents of skilled nursing facilities, intermediate care facilities, and residential care facilities for the elderly to form family councils, violations of these laws are rarely enforced. Family councils play a critical role in improving and maintaining the quality of care in those facilities. Although state law requires that family councils be provided with adequate space on a prominent bulletin board or other posting area for the display of meeting notices, minutes, newsletters, or other information, family councils need to be able to meet virtually, and the facility needs to facilitate electronic communications to family councils.(b) The COVID-19 pandemic led to widescale prohibitions of visitation for hundreds of thousands of residents in long-term care, the inability to meet with other family members and resident representatives, and the inability to address grievances and problems within the facility. Resident representatives and family members of residents were physically barred from visiting the residents in their facility homes and are vulnerable to similar prohibitions in the future.(c) Family council laws need to be updated to give equal footing to electronic forms of meeting and communicating with members and potential members as they do to in-person meeting and communicating.
SECTION 1. The Legislature finds and declares all of the following:(a) Although state law protects the rights of family members and representatives of residents of skilled nursing facilities, intermediate care facilities, and residential care facilities for the elderly to form family councils, violations of these laws are rarely enforced. Family councils play a critical role in improving and maintaining the quality of care in those facilities. Although state law requires that family councils be provided with adequate space on a prominent bulletin board or other posting area for the display of meeting notices, minutes, newsletters, or other information, family councils need to be able to meet virtually, and the facility needs to facilitate electronic communications to family councils.(b) The COVID-19 pandemic led to widescale prohibitions of visitation for hundreds of thousands of residents in long-term care, the inability to meet with other family members and resident representatives, and the inability to address grievances and problems within the facility. Resident representatives and family members of residents were physically barred from visiting the residents in their facility homes and are vulnerable to similar prohibitions in the future.(c) Family council laws need to be updated to give equal footing to electronic forms of meeting and communicating with members and potential members as they do to in-person meeting and communicating.
SECTION 1. The Legislature finds and declares all of the following:
### SECTION 1.
(a) Although state law protects the rights of family members and representatives of residents of skilled nursing facilities, intermediate care facilities, and residential care facilities for the elderly to form family councils, violations of these laws are rarely enforced. Family councils play a critical role in improving and maintaining the quality of care in those facilities. Although state law requires that family councils be provided with adequate space on a prominent bulletin board or other posting area for the display of meeting notices, minutes, newsletters, or other information, family councils need to be able to meet virtually, and the facility needs to facilitate electronic communications to family councils.
(b) The COVID-19 pandemic led to widescale prohibitions of visitation for hundreds of thousands of residents in long-term care, the inability to meet with other family members and resident representatives, and the inability to address grievances and problems within the facility. Resident representatives and family members of residents were physically barred from visiting the residents in their facility homes and are vulnerable to similar prohibitions in the future.
(c) Family council laws need to be updated to give equal footing to electronic forms of meeting and communicating with members and potential members as they do to in-person meeting and communicating.
SEC. 2. Section 1418.4 of the Health and Safety Code is repealed.1418.4.(a) No licensed skilled nursing facility or intermediate care facility may prohibit the formation of a family council, and, when requested by a member of the residents family or the residents representative, the family council shall be allowed to meet in a common meeting room of the facility at least once a month during mutually agreed upon hours.(b) Facility policies on family councils shall in no way limit the right of residents, family members, and family council members to meet independently with outside persons, including members of nonprofit or government organizations or with facility personnel during nonworking hours.(c) Family council for the purpose of this section means a meeting of family members, friends, or representatives of two or more residents to confer in private without facility staff.(d) Family councils shall also be provided adequate space on a prominent bulletin board or other posting area for the display of meeting notices, minutes, newsletters, or other information pertaining to the operation or interest of the family council.(e) Staff or visitors may attend family council meetings, at the groups invitation.(f) The facility shall provide a designated staff person who shall be responsible for providing assistance and responding to written requests that result from family council meetings.(g) The facility shall consider the views and act upon the grievances and recommendations of a family council concerning proposed policy and operational decisions affecting resident care and life in the facility.(h) The facility shall respond in writing to written requests or concerns of the family council, within 10 working days.(i) When a family council exists, the facility shall include notice of the family council meetings in at least a quarterly mailing, and shall inform family members or representatives of new residents who are identified on the admissions agreement, during the admissions process, or in the residents records, of the existence of the family council. The notice shall include the time, place, and date of meetings, and the person to contact regarding involvement in the family council.(j) No facility shall willfully interfere with the formation, maintenance, or promotion of a family council. For the purposes of this subdivision, willful interference shall include, but not be limited to, discrimination or retaliation in any way against an individual as a result of his or her participation in a family council, or the willful scheduling of facility events in conflict with a previously scheduled family council meeting.(k) (1) Violation of the provisions of this section shall constitute a violation of the residents rights.(2) Violation of the provisions of this section shall constitute a class B violation, as defined in Section 1424.
SEC. 2. Section 1418.4 of the Health and Safety Code is repealed.
### SEC. 2.
1418.4.(a) No licensed skilled nursing facility or intermediate care facility may prohibit the formation of a family council, and, when requested by a member of the residents family or the residents representative, the family council shall be allowed to meet in a common meeting room of the facility at least once a month during mutually agreed upon hours.(b) Facility policies on family councils shall in no way limit the right of residents, family members, and family council members to meet independently with outside persons, including members of nonprofit or government organizations or with facility personnel during nonworking hours.(c) Family council for the purpose of this section means a meeting of family members, friends, or representatives of two or more residents to confer in private without facility staff.(d) Family councils shall also be provided adequate space on a prominent bulletin board or other posting area for the display of meeting notices, minutes, newsletters, or other information pertaining to the operation or interest of the family council.(e) Staff or visitors may attend family council meetings, at the groups invitation.(f) The facility shall provide a designated staff person who shall be responsible for providing assistance and responding to written requests that result from family council meetings.(g) The facility shall consider the views and act upon the grievances and recommendations of a family council concerning proposed policy and operational decisions affecting resident care and life in the facility.(h) The facility shall respond in writing to written requests or concerns of the family council, within 10 working days.(i) When a family council exists, the facility shall include notice of the family council meetings in at least a quarterly mailing, and shall inform family members or representatives of new residents who are identified on the admissions agreement, during the admissions process, or in the residents records, of the existence of the family council. The notice shall include the time, place, and date of meetings, and the person to contact regarding involvement in the family council.(j) No facility shall willfully interfere with the formation, maintenance, or promotion of a family council. For the purposes of this subdivision, willful interference shall include, but not be limited to, discrimination or retaliation in any way against an individual as a result of his or her participation in a family council, or the willful scheduling of facility events in conflict with a previously scheduled family council meeting.(k) (1) Violation of the provisions of this section shall constitute a violation of the residents rights.(2) Violation of the provisions of this section shall constitute a class B violation, as defined in Section 1424.
(a) No licensed skilled nursing facility or intermediate care facility may prohibit the formation of a family council, and, when requested by a member of the residents family or the residents representative, the family council shall be allowed to meet in a common meeting room of the facility at least once a month during mutually agreed upon hours.
(b) Facility policies on family councils shall in no way limit the right of residents, family members, and family council members to meet independently with outside persons, including members of nonprofit or government organizations or with facility personnel during nonworking hours.
(c) Family council for the purpose of this section means a meeting of family members, friends, or representatives of two or more residents to confer in private without facility staff.
(d) Family councils shall also be provided adequate space on a prominent bulletin board or other posting area for the display of meeting notices, minutes, newsletters, or other information pertaining to the operation or interest of the family council.
(e) Staff or visitors may attend family council meetings, at the groups invitation.
(f) The facility shall provide a designated staff person who shall be responsible for providing assistance and responding to written requests that result from family council meetings.
(g) The facility shall consider the views and act upon the grievances and recommendations of a family council concerning proposed policy and operational decisions affecting resident care and life in the facility.
(h) The facility shall respond in writing to written requests or concerns of the family council, within 10 working days.
(i) When a family council exists, the facility shall include notice of the family council meetings in at least a quarterly mailing, and shall inform family members or representatives of new residents who are identified on the admissions agreement, during the admissions process, or in the residents records, of the existence of the family council. The notice shall include the time, place, and date of meetings, and the person to contact regarding involvement in the family council.
(j) No facility shall willfully interfere with the formation, maintenance, or promotion of a family council. For the purposes of this subdivision, willful interference shall include, but not be limited to, discrimination or retaliation in any way against an individual as a result of his or her participation in a family council, or the willful scheduling of facility events in conflict with a previously scheduled family council meeting.
(k) (1) Violation of the provisions of this section shall constitute a violation of the residents rights.
(2) Violation of the provisions of this section shall constitute a class B violation, as defined in Section 1424.
SEC. 3. Section 1418.4 is added to the Health and Safety Code, to read:1418.4. (a) A licensed skilled nursing facility or intermediate care facility shall not prohibit the formation of a family council. If requested by a member of the residents family or the resident representative, the family council shall be allowed to meet in a common meeting room of the facility at least once per month during mutually agreed-upon hours. A family council shall also be allowed to meet virtually or at an offsite location at its discretion.(b) Facility policies on family councils shall in no way limit the right of residents, family members, and family council members to meet independently with outside persons, including members of nonprofit or governmental organizations or with facility personnel during nonworking hours.(c) For purposes of this section, family council means a meeting of family members, friends, or representatives of two or more residents to confer in private without facility staff.(d) A family council shall also be provided with adequate space on a prominent bulletin board or other posting area for the display of meeting notices, minutes, newsletters, or other information pertaining to the operation or interest of the family council.(e) A person other than a family member, friend, or resident representative may attend family council meetings, but only at the groups family councils invitation.(f) The facility shall provide a designated staff person, approved by the family council, who shall be responsible for providing assistance and responding to written requests that result from family council meetings.(g) The facility shall consider the views and act upon the grievances and recommendations of a family council concerning proposed policy and operational decisions affecting resident care and life in the facility.(h) If a family council submits written requests, concerns, or recommendations, the facility shall respond in writing regarding any action or inaction taken in response to the requests, concerns, or recommendations within five business days and shall detail its rationale for that response.(i) (1) If a facility has a family council, the facility shall inform the residents and any family members, friends, and resident representatives identified on the contract of admission, during the admission process, or in the residents records of the existence of the family council and provide the name and contact information of the family council representative, as designated by the family council, in writing, prior to or within five business days after the residents admission. The facility shall include notice of the family council meetings in quarterly mailings to those family members, friends, and resident representatives. The notice shall include the time, place, and date of meetings, and the name and contact information of the family council representative, as designated by the family council.(2) If a facility does not have a family council, the facility shall provide, upon admission of a new resident, written information to the residents family members, friends, or resident representatives identified on the contract of admission, during the admission process, or in the residents records, of their right to form a family council.(j) (1) A facility shall provide the family council with the names, email addresses, and other contact information that the facility has, through the contract of admission or the residents records, for any family members, friends, and representatives of current residents, unless the corresponding family member, friend, or representative has opted out of having their contact information shared with the family council pursuant to paragraph (2).(2) Before a facility shares any contact information pursuant to paragraph (1), the facility shall notify its residents and those family members, friends, and representatives about the existence of the family council, as described in subdivision (i), and the fact that contact information will be shared with the family council pursuant to paragraph (1) unless the corresponding individual opts out of having their contact information shared.(3) This subdivision shall be implemented only to the extent not in conflict with federal law.(k) A facility shall not interfere with the formation, maintenance, or promotion of a family council, or with a family councils participation in governmental surveys or inspection activities performed by any applicable departments or other entities. For purposes of this subdivision, interference shall include, but shall not be limited to, discrimination or retaliation in any way against an individual as a result of their participation in a family council, refusal to publicize family council meetings or provide appropriate space for meetings or postings as required under this section, failure to respond to written requests, concerns, or recommendations by a family council in a timely manner, or the willful scheduling of facility events in conflict with a previously scheduled family council meeting.(l) (1) A violation of this section shall constitute a violation of resident rights.(2) A violation of this section shall constitute a class B violation, as defined in Section 1424.(3) A violation of this section shall not be subject to Section 1290.
SEC. 3. Section 1418.4 is added to the Health and Safety Code, to read:
### SEC. 3.
1418.4. (a) A licensed skilled nursing facility or intermediate care facility shall not prohibit the formation of a family council. If requested by a member of the residents family or the resident representative, the family council shall be allowed to meet in a common meeting room of the facility at least once per month during mutually agreed-upon hours. A family council shall also be allowed to meet virtually or at an offsite location at its discretion.(b) Facility policies on family councils shall in no way limit the right of residents, family members, and family council members to meet independently with outside persons, including members of nonprofit or governmental organizations or with facility personnel during nonworking hours.(c) For purposes of this section, family council means a meeting of family members, friends, or representatives of two or more residents to confer in private without facility staff.(d) A family council shall also be provided with adequate space on a prominent bulletin board or other posting area for the display of meeting notices, minutes, newsletters, or other information pertaining to the operation or interest of the family council.(e) A person other than a family member, friend, or resident representative may attend family council meetings, but only at the groups family councils invitation.(f) The facility shall provide a designated staff person, approved by the family council, who shall be responsible for providing assistance and responding to written requests that result from family council meetings.(g) The facility shall consider the views and act upon the grievances and recommendations of a family council concerning proposed policy and operational decisions affecting resident care and life in the facility.(h) If a family council submits written requests, concerns, or recommendations, the facility shall respond in writing regarding any action or inaction taken in response to the requests, concerns, or recommendations within five business days and shall detail its rationale for that response.(i) (1) If a facility has a family council, the facility shall inform the residents and any family members, friends, and resident representatives identified on the contract of admission, during the admission process, or in the residents records of the existence of the family council and provide the name and contact information of the family council representative, as designated by the family council, in writing, prior to or within five business days after the residents admission. The facility shall include notice of the family council meetings in quarterly mailings to those family members, friends, and resident representatives. The notice shall include the time, place, and date of meetings, and the name and contact information of the family council representative, as designated by the family council.(2) If a facility does not have a family council, the facility shall provide, upon admission of a new resident, written information to the residents family members, friends, or resident representatives identified on the contract of admission, during the admission process, or in the residents records, of their right to form a family council.(j) (1) A facility shall provide the family council with the names, email addresses, and other contact information that the facility has, through the contract of admission or the residents records, for any family members, friends, and representatives of current residents, unless the corresponding family member, friend, or representative has opted out of having their contact information shared with the family council pursuant to paragraph (2).(2) Before a facility shares any contact information pursuant to paragraph (1), the facility shall notify its residents and those family members, friends, and representatives about the existence of the family council, as described in subdivision (i), and the fact that contact information will be shared with the family council pursuant to paragraph (1) unless the corresponding individual opts out of having their contact information shared.(3) This subdivision shall be implemented only to the extent not in conflict with federal law.(k) A facility shall not interfere with the formation, maintenance, or promotion of a family council, or with a family councils participation in governmental surveys or inspection activities performed by any applicable departments or other entities. For purposes of this subdivision, interference shall include, but shall not be limited to, discrimination or retaliation in any way against an individual as a result of their participation in a family council, refusal to publicize family council meetings or provide appropriate space for meetings or postings as required under this section, failure to respond to written requests, concerns, or recommendations by a family council in a timely manner, or the willful scheduling of facility events in conflict with a previously scheduled family council meeting.(l) (1) A violation of this section shall constitute a violation of resident rights.(2) A violation of this section shall constitute a class B violation, as defined in Section 1424.(3) A violation of this section shall not be subject to Section 1290.
1418.4. (a) A licensed skilled nursing facility or intermediate care facility shall not prohibit the formation of a family council. If requested by a member of the residents family or the resident representative, the family council shall be allowed to meet in a common meeting room of the facility at least once per month during mutually agreed-upon hours. A family council shall also be allowed to meet virtually or at an offsite location at its discretion.(b) Facility policies on family councils shall in no way limit the right of residents, family members, and family council members to meet independently with outside persons, including members of nonprofit or governmental organizations or with facility personnel during nonworking hours.(c) For purposes of this section, family council means a meeting of family members, friends, or representatives of two or more residents to confer in private without facility staff.(d) A family council shall also be provided with adequate space on a prominent bulletin board or other posting area for the display of meeting notices, minutes, newsletters, or other information pertaining to the operation or interest of the family council.(e) A person other than a family member, friend, or resident representative may attend family council meetings, but only at the groups family councils invitation.(f) The facility shall provide a designated staff person, approved by the family council, who shall be responsible for providing assistance and responding to written requests that result from family council meetings.(g) The facility shall consider the views and act upon the grievances and recommendations of a family council concerning proposed policy and operational decisions affecting resident care and life in the facility.(h) If a family council submits written requests, concerns, or recommendations, the facility shall respond in writing regarding any action or inaction taken in response to the requests, concerns, or recommendations within five business days and shall detail its rationale for that response.(i) (1) If a facility has a family council, the facility shall inform the residents and any family members, friends, and resident representatives identified on the contract of admission, during the admission process, or in the residents records of the existence of the family council and provide the name and contact information of the family council representative, as designated by the family council, in writing, prior to or within five business days after the residents admission. The facility shall include notice of the family council meetings in quarterly mailings to those family members, friends, and resident representatives. The notice shall include the time, place, and date of meetings, and the name and contact information of the family council representative, as designated by the family council.(2) If a facility does not have a family council, the facility shall provide, upon admission of a new resident, written information to the residents family members, friends, or resident representatives identified on the contract of admission, during the admission process, or in the residents records, of their right to form a family council.(j) (1) A facility shall provide the family council with the names, email addresses, and other contact information that the facility has, through the contract of admission or the residents records, for any family members, friends, and representatives of current residents, unless the corresponding family member, friend, or representative has opted out of having their contact information shared with the family council pursuant to paragraph (2).(2) Before a facility shares any contact information pursuant to paragraph (1), the facility shall notify its residents and those family members, friends, and representatives about the existence of the family council, as described in subdivision (i), and the fact that contact information will be shared with the family council pursuant to paragraph (1) unless the corresponding individual opts out of having their contact information shared.(3) This subdivision shall be implemented only to the extent not in conflict with federal law.(k) A facility shall not interfere with the formation, maintenance, or promotion of a family council, or with a family councils participation in governmental surveys or inspection activities performed by any applicable departments or other entities. For purposes of this subdivision, interference shall include, but shall not be limited to, discrimination or retaliation in any way against an individual as a result of their participation in a family council, refusal to publicize family council meetings or provide appropriate space for meetings or postings as required under this section, failure to respond to written requests, concerns, or recommendations by a family council in a timely manner, or the willful scheduling of facility events in conflict with a previously scheduled family council meeting.(l) (1) A violation of this section shall constitute a violation of resident rights.(2) A violation of this section shall constitute a class B violation, as defined in Section 1424.(3) A violation of this section shall not be subject to Section 1290.
1418.4. (a) A licensed skilled nursing facility or intermediate care facility shall not prohibit the formation of a family council. If requested by a member of the residents family or the resident representative, the family council shall be allowed to meet in a common meeting room of the facility at least once per month during mutually agreed-upon hours. A family council shall also be allowed to meet virtually or at an offsite location at its discretion.(b) Facility policies on family councils shall in no way limit the right of residents, family members, and family council members to meet independently with outside persons, including members of nonprofit or governmental organizations or with facility personnel during nonworking hours.(c) For purposes of this section, family council means a meeting of family members, friends, or representatives of two or more residents to confer in private without facility staff.(d) A family council shall also be provided with adequate space on a prominent bulletin board or other posting area for the display of meeting notices, minutes, newsletters, or other information pertaining to the operation or interest of the family council.(e) A person other than a family member, friend, or resident representative may attend family council meetings, but only at the groups family councils invitation.(f) The facility shall provide a designated staff person, approved by the family council, who shall be responsible for providing assistance and responding to written requests that result from family council meetings.(g) The facility shall consider the views and act upon the grievances and recommendations of a family council concerning proposed policy and operational decisions affecting resident care and life in the facility.(h) If a family council submits written requests, concerns, or recommendations, the facility shall respond in writing regarding any action or inaction taken in response to the requests, concerns, or recommendations within five business days and shall detail its rationale for that response.(i) (1) If a facility has a family council, the facility shall inform the residents and any family members, friends, and resident representatives identified on the contract of admission, during the admission process, or in the residents records of the existence of the family council and provide the name and contact information of the family council representative, as designated by the family council, in writing, prior to or within five business days after the residents admission. The facility shall include notice of the family council meetings in quarterly mailings to those family members, friends, and resident representatives. The notice shall include the time, place, and date of meetings, and the name and contact information of the family council representative, as designated by the family council.(2) If a facility does not have a family council, the facility shall provide, upon admission of a new resident, written information to the residents family members, friends, or resident representatives identified on the contract of admission, during the admission process, or in the residents records, of their right to form a family council.(j) (1) A facility shall provide the family council with the names, email addresses, and other contact information that the facility has, through the contract of admission or the residents records, for any family members, friends, and representatives of current residents, unless the corresponding family member, friend, or representative has opted out of having their contact information shared with the family council pursuant to paragraph (2).(2) Before a facility shares any contact information pursuant to paragraph (1), the facility shall notify its residents and those family members, friends, and representatives about the existence of the family council, as described in subdivision (i), and the fact that contact information will be shared with the family council pursuant to paragraph (1) unless the corresponding individual opts out of having their contact information shared.(3) This subdivision shall be implemented only to the extent not in conflict with federal law.(k) A facility shall not interfere with the formation, maintenance, or promotion of a family council, or with a family councils participation in governmental surveys or inspection activities performed by any applicable departments or other entities. For purposes of this subdivision, interference shall include, but shall not be limited to, discrimination or retaliation in any way against an individual as a result of their participation in a family council, refusal to publicize family council meetings or provide appropriate space for meetings or postings as required under this section, failure to respond to written requests, concerns, or recommendations by a family council in a timely manner, or the willful scheduling of facility events in conflict with a previously scheduled family council meeting.(l) (1) A violation of this section shall constitute a violation of resident rights.(2) A violation of this section shall constitute a class B violation, as defined in Section 1424.(3) A violation of this section shall not be subject to Section 1290.
1418.4. (a) A licensed skilled nursing facility or intermediate care facility shall not prohibit the formation of a family council. If requested by a member of the residents family or the resident representative, the family council shall be allowed to meet in a common meeting room of the facility at least once per month during mutually agreed-upon hours. A family council shall also be allowed to meet virtually or at an offsite location at its discretion.
(b) Facility policies on family councils shall in no way limit the right of residents, family members, and family council members to meet independently with outside persons, including members of nonprofit or governmental organizations or with facility personnel during nonworking hours.
(c) For purposes of this section, family council means a meeting of family members, friends, or representatives of two or more residents to confer in private without facility staff.
(d) A family council shall also be provided with adequate space on a prominent bulletin board or other posting area for the display of meeting notices, minutes, newsletters, or other information pertaining to the operation or interest of the family council.
(e) A person other than a family member, friend, or resident representative may attend family council meetings, but only at the groups family councils invitation.
(f) The facility shall provide a designated staff person, approved by the family council, who shall be responsible for providing assistance and responding to written requests that result from family council meetings.
(g) The facility shall consider the views and act upon the grievances and recommendations of a family council concerning proposed policy and operational decisions affecting resident care and life in the facility.
(h) If a family council submits written requests, concerns, or recommendations, the facility shall respond in writing regarding any action or inaction taken in response to the requests, concerns, or recommendations within five business days and shall detail its rationale for that response.
(i) (1) If a facility has a family council, the facility shall inform the residents and any family members, friends, and resident representatives identified on the contract of admission, during the admission process, or in the residents records of the existence of the family council and provide the name and contact information of the family council representative, as designated by the family council, in writing, prior to or within five business days after the residents admission. The facility shall include notice of the family council meetings in quarterly mailings to those family members, friends, and resident representatives. The notice shall include the time, place, and date of meetings, and the name and contact information of the family council representative, as designated by the family council.
(2) If a facility does not have a family council, the facility shall provide, upon admission of a new resident, written information to the residents family members, friends, or resident representatives identified on the contract of admission, during the admission process, or in the residents records, of their right to form a family council.
(j) (1) A facility shall provide the family council with the names, email addresses, and other contact information that the facility has, through the contract of admission or the residents records, for any family members, friends, and representatives of current residents, unless the corresponding family member, friend, or representative has opted out of having their contact information shared with the family council pursuant to paragraph (2).
(2) Before a facility shares any contact information pursuant to paragraph (1), the facility shall notify its residents and those family members, friends, and representatives about the existence of the family council, as described in subdivision (i), and the fact that contact information will be shared with the family council pursuant to paragraph (1) unless the corresponding individual opts out of having their contact information shared.
(3) This subdivision shall be implemented only to the extent not in conflict with federal law.
(k) A facility shall not interfere with the formation, maintenance, or promotion of a family council, or with a family councils participation in governmental surveys or inspection activities performed by any applicable departments or other entities. For purposes of this subdivision, interference shall include, but shall not be limited to, discrimination or retaliation in any way against an individual as a result of their participation in a family council, refusal to publicize family council meetings or provide appropriate space for meetings or postings as required under this section, failure to respond to written requests, concerns, or recommendations by a family council in a timely manner, or the willful scheduling of facility events in conflict with a previously scheduled family council meeting.
(l) (1) A violation of this section shall constitute a violation of resident rights.
(2) A violation of this section shall constitute a class B violation, as defined in Section 1424.
(3) A violation of this section shall not be subject to Section 1290.
SEC. 4. Section 1569.158 of the Health and Safety Code is repealed.1569.158.(a)A residential care facility for the elderly shall not prohibit the formation of a family council. When requested by a member of the residents family or the resident representative, a family council shall be allowed to meet in a common meeting room of the facility during mutually agreed upon hours.(b)Facility policies on family councils shall in no way limit the right of residents and participants in a family council to meet independently with outside persons, including members of nonprofit or government organizations or with facility personnel during nonworking hours.(c)Family council for the purpose of this section means a meeting of family members, friends, representatives, or agents as defined in Section 14110.8 of the Welfare and Institutions Code of two or more residents to confer in private without facility staff.(d)Family councils shall be provided adequate space on a prominent bulletin board or other posting area for the display of meeting notices, minutes, information, and newsletters.(e)Facility personnel or visitors may attend a family council meeting only at the family councils invitation.(f)If a family council submits written concerns or recommendations, the facility shall respond in writing regarding any action or inaction taken in response to the concerns or recommendations within 14 calendar days.(g)(1)If a facility has a family council, the facility shall include notice of the family council and its meetings to family members and resident representatives in routine mailings and shall inform family members and resident representatives of new and current residents who are identified on the admissions agreement during the admissions process or in the residents records, of the existence of the family council, the time and place of meetings of the family council, and the name of the family council representative.(2)If a facility does not have a family council, the facility shall provide, upon admission of a new resident, written information to the residents family or resident representative of their right to form a family council.(3)Upon request, and with the permission of the family council, the facility shall share the name and contact information of the designated representative of the family council with the long-term care ombudsman program.(h)If a facility has a family council and a licensed capacity of 16 or more, the facility shall appoint a designated staff liaison who shall be responsible for providing assistance to the family council and responding to written requests that result from family council meetings.(i)A facility shall not willfully interfere with the formation, maintenance, or promotion of a family council, or its participation in the regulatory inspection process. For the purposes of this subdivision, willful interference shall include, but shall not be limited to, discrimination or retaliation in any way against an individual as a result of his or her participation in a family council, refusal to publicize family council meetings or provide appropriate space for meetings or postings as required under this section, or failure to respond to written requests by a family council in a timely manner.(j)A violation of this section shall not be subject to the provisions of Section 1569.40. A violation of this section shall constitute a violation of resident rights. A facility that violates this section shall be subject to a daily civil penalty of two hundred fifty dollars ($250) until the violation is corrected. A violation shall be deemed to have been corrected on the date the facility submits documentation of the correction to the department if the correction is verified by the department.
SEC. 4. Section 1569.158 of the Health and Safety Code is repealed.
### SEC. 4.
1569.158.(a)A residential care facility for the elderly shall not prohibit the formation of a family council. When requested by a member of the residents family or the resident representative, a family council shall be allowed to meet in a common meeting room of the facility during mutually agreed upon hours.(b)Facility policies on family councils shall in no way limit the right of residents and participants in a family council to meet independently with outside persons, including members of nonprofit or government organizations or with facility personnel during nonworking hours.(c)Family council for the purpose of this section means a meeting of family members, friends, representatives, or agents as defined in Section 14110.8 of the Welfare and Institutions Code of two or more residents to confer in private without facility staff.(d)Family councils shall be provided adequate space on a prominent bulletin board or other posting area for the display of meeting notices, minutes, information, and newsletters.(e)Facility personnel or visitors may attend a family council meeting only at the family councils invitation.(f)If a family council submits written concerns or recommendations, the facility shall respond in writing regarding any action or inaction taken in response to the concerns or recommendations within 14 calendar days.(g)(1)If a facility has a family council, the facility shall include notice of the family council and its meetings to family members and resident representatives in routine mailings and shall inform family members and resident representatives of new and current residents who are identified on the admissions agreement during the admissions process or in the residents records, of the existence of the family council, the time and place of meetings of the family council, and the name of the family council representative.(2)If a facility does not have a family council, the facility shall provide, upon admission of a new resident, written information to the residents family or resident representative of their right to form a family council.(3)Upon request, and with the permission of the family council, the facility shall share the name and contact information of the designated representative of the family council with the long-term care ombudsman program.(h)If a facility has a family council and a licensed capacity of 16 or more, the facility shall appoint a designated staff liaison who shall be responsible for providing assistance to the family council and responding to written requests that result from family council meetings.(i)A facility shall not willfully interfere with the formation, maintenance, or promotion of a family council, or its participation in the regulatory inspection process. For the purposes of this subdivision, willful interference shall include, but shall not be limited to, discrimination or retaliation in any way against an individual as a result of his or her participation in a family council, refusal to publicize family council meetings or provide appropriate space for meetings or postings as required under this section, or failure to respond to written requests by a family council in a timely manner.(j)A violation of this section shall not be subject to the provisions of Section 1569.40. A violation of this section shall constitute a violation of resident rights. A facility that violates this section shall be subject to a daily civil penalty of two hundred fifty dollars ($250) until the violation is corrected. A violation shall be deemed to have been corrected on the date the facility submits documentation of the correction to the department if the correction is verified by the department.
(a)A residential care facility for the elderly shall not prohibit the formation of a family council. When requested by a member of the residents family or the resident representative, a family council shall be allowed to meet in a common meeting room of the facility during mutually agreed upon hours.
(b)Facility policies on family councils shall in no way limit the right of residents and participants in a family council to meet independently with outside persons, including members of nonprofit or government organizations or with facility personnel during nonworking hours.
(c)Family council for the purpose of this section means a meeting of family members, friends, representatives, or agents as defined in Section 14110.8 of the Welfare and Institutions Code of two or more residents to confer in private without facility staff.
(d)Family councils shall be provided adequate space on a prominent bulletin board or other posting area for the display of meeting notices, minutes, information, and newsletters.
(e)Facility personnel or visitors may attend a family council meeting only at the family councils invitation.
(f)If a family council submits written concerns or recommendations, the facility shall respond in writing regarding any action or inaction taken in response to the concerns or recommendations within 14 calendar days.
(g)(1)If a facility has a family council, the facility shall include notice of the family council and its meetings to family members and resident representatives in routine mailings and shall inform family members and resident representatives of new and current residents who are identified on the admissions agreement during the admissions process or in the residents records, of the existence of the family council, the time and place of meetings of the family council, and the name of the family council representative.
(2)If a facility does not have a family council, the facility shall provide, upon admission of a new resident, written information to the residents family or resident representative of their right to form a family council.
(3)Upon request, and with the permission of the family council, the facility shall share the name and contact information of the designated representative of the family council with the long-term care ombudsman program.
(h)If a facility has a family council and a licensed capacity of 16 or more, the facility shall appoint a designated staff liaison who shall be responsible for providing assistance to the family council and responding to written requests that result from family council meetings.
(i)A facility shall not willfully interfere with the formation, maintenance, or promotion of a family council, or its participation in the regulatory inspection process. For the purposes of this subdivision, willful interference shall include, but shall not be limited to, discrimination or retaliation in any way against an individual as a result of his or her participation in a family council, refusal to publicize family council meetings or provide appropriate space for meetings or postings as required under this section, or failure to respond to written requests by a family council in a timely manner.
(j)A violation of this section shall not be subject to the provisions of Section 1569.40. A violation of this section shall constitute a violation of resident rights. A facility that violates this section shall be subject to a daily civil penalty of two hundred fifty dollars ($250) until the violation is corrected. A violation shall be deemed to have been corrected on the date the facility submits documentation of the correction to the department if the correction is verified by the department.
SEC. 5. Section 1569.158 is added to the Health and Safety Code, to read:1569.158. (a) A residential care facility for the elderly shall not prohibit the formation of a family council. If requested by a member of the residents family or the resident representative, the family council shall be allowed to meet in a common meeting room of the facility during mutually agreed-upon hours. A family council shall also be allowed to meet virtually or at an offsite location at its discretion.(b) Facility policies on family councils shall in no way limit the right of residents and participants in a family council to meet independently with outside persons, including members of nonprofit or governmental organizations or with facility personnel during nonworking hours.(c) For purposes of this section, family council means a meeting of family members, friends, representatives, or agents, as defined in Section 14110.8 of the Welfare and Institutions Code, of two or more residents to confer in private without facility staff.(d) A family council shall also be provided with adequate space on a prominent bulletin board or other posting area for the display of meeting notices, minutes, information, and newsletters.(e) A person other than a family member, friend, or resident representative may attend family council meetings, but only at the groups family councils invitation.(f) If a family council submits written requests, concerns, or recommendations, the facility shall respond in writing regarding any action or inaction taken in response to the requests, concerns, or recommendations within five business days and shall detail its rationale for that response.(g) (1) If a facility has a family council, the facility shall inform the residents and any family members, friends, and resident representatives identified on the contract of admission, during the admission process, or in the residents records of the existence of the family council and provide the name and contact information of the family council representative, as designated by the family council, in writing, prior to or within five business days after the residents admission. The facility shall include notice of the family council meetings in quarterly mailings to those family members, friends, and resident representatives. The notice shall include the time, place, and date of meetings, and the name and contact information of the family council representative, as designated by the family council.(2) If a facility does not have a family council, the facility shall provide, upon admission of a new resident, written information to the residents family members, friends, or resident representatives identified on the contract of admission, during the admission process, or in the residents records, of their right to form a family council.(3) Upon request, and with the permission of the family council, the facility shall share the name and contact information of the designated representative of the family council with the long-term care ombudsman program.(h) (1) A facility shall provide the family council with the names, email addresses, and other contact information that the facility has, through the contract of admission or the residents records, for any family members, friends, and representatives of current residents, unless the corresponding family member, friend, or representative has opted out of having their contact information shared with the family council pursuant to paragraph (2).(2) Before a facility shares any contact information pursuant to paragraph (1), the facility shall notify its residents and those family members, friends, and representatives about the existence of the family council, as described in subdivision (g), and the fact that contact information will be shared with the family council pursuant to paragraph (1) unless the corresponding individual opts out of having their contact information shared.(3) This subdivision shall be implemented only to the extent not in conflict with federal law.(i) If a facility has a family council and a licensed capacity of 16 or more, the facility shall appoint a designated staff liaison, with the approval of the family council, who shall be responsible for providing assistance to the family council and responding to written requests that result from family council meetings.(j) A facility shall not interfere with the formation, maintenance, or promotion of a family council, or with a family councils participation in governmental surveys or inspection activities performed by any applicable departments or other entities. For purposes of this subdivision, interference shall include, but shall not be limited to, discrimination or retaliation in any way against an individual as a result of their participation in a family council, refusal to publicize family council meetings or provide appropriate space for meetings or postings as required under this section, failure to respond to written requests, concerns, or recommendations by a family council in a timely manner, or the willful scheduling of facility events in conflict with a previously scheduled family council meeting.(k) (1) A violation of this section shall not be subject to Section 1569.40.(2) A violation of this section shall constitute a violation of resident rights.(3) A facility that violates this section shall be subject to a daily civil penalty of two hundred fifty dollars ($250) until the violation is corrected. A violation shall be deemed to have been corrected on the date the facility submits documentation of the correction to the department if the correction is verified by the department.
SEC. 5. Section 1569.158 is added to the Health and Safety Code, to read:
### SEC. 5.
1569.158. (a) A residential care facility for the elderly shall not prohibit the formation of a family council. If requested by a member of the residents family or the resident representative, the family council shall be allowed to meet in a common meeting room of the facility during mutually agreed-upon hours. A family council shall also be allowed to meet virtually or at an offsite location at its discretion.(b) Facility policies on family councils shall in no way limit the right of residents and participants in a family council to meet independently with outside persons, including members of nonprofit or governmental organizations or with facility personnel during nonworking hours.(c) For purposes of this section, family council means a meeting of family members, friends, representatives, or agents, as defined in Section 14110.8 of the Welfare and Institutions Code, of two or more residents to confer in private without facility staff.(d) A family council shall also be provided with adequate space on a prominent bulletin board or other posting area for the display of meeting notices, minutes, information, and newsletters.(e) A person other than a family member, friend, or resident representative may attend family council meetings, but only at the groups family councils invitation.(f) If a family council submits written requests, concerns, or recommendations, the facility shall respond in writing regarding any action or inaction taken in response to the requests, concerns, or recommendations within five business days and shall detail its rationale for that response.(g) (1) If a facility has a family council, the facility shall inform the residents and any family members, friends, and resident representatives identified on the contract of admission, during the admission process, or in the residents records of the existence of the family council and provide the name and contact information of the family council representative, as designated by the family council, in writing, prior to or within five business days after the residents admission. The facility shall include notice of the family council meetings in quarterly mailings to those family members, friends, and resident representatives. The notice shall include the time, place, and date of meetings, and the name and contact information of the family council representative, as designated by the family council.(2) If a facility does not have a family council, the facility shall provide, upon admission of a new resident, written information to the residents family members, friends, or resident representatives identified on the contract of admission, during the admission process, or in the residents records, of their right to form a family council.(3) Upon request, and with the permission of the family council, the facility shall share the name and contact information of the designated representative of the family council with the long-term care ombudsman program.(h) (1) A facility shall provide the family council with the names, email addresses, and other contact information that the facility has, through the contract of admission or the residents records, for any family members, friends, and representatives of current residents, unless the corresponding family member, friend, or representative has opted out of having their contact information shared with the family council pursuant to paragraph (2).(2) Before a facility shares any contact information pursuant to paragraph (1), the facility shall notify its residents and those family members, friends, and representatives about the existence of the family council, as described in subdivision (g), and the fact that contact information will be shared with the family council pursuant to paragraph (1) unless the corresponding individual opts out of having their contact information shared.(3) This subdivision shall be implemented only to the extent not in conflict with federal law.(i) If a facility has a family council and a licensed capacity of 16 or more, the facility shall appoint a designated staff liaison, with the approval of the family council, who shall be responsible for providing assistance to the family council and responding to written requests that result from family council meetings.(j) A facility shall not interfere with the formation, maintenance, or promotion of a family council, or with a family councils participation in governmental surveys or inspection activities performed by any applicable departments or other entities. For purposes of this subdivision, interference shall include, but shall not be limited to, discrimination or retaliation in any way against an individual as a result of their participation in a family council, refusal to publicize family council meetings or provide appropriate space for meetings or postings as required under this section, failure to respond to written requests, concerns, or recommendations by a family council in a timely manner, or the willful scheduling of facility events in conflict with a previously scheduled family council meeting.(k) (1) A violation of this section shall not be subject to Section 1569.40.(2) A violation of this section shall constitute a violation of resident rights.(3) A facility that violates this section shall be subject to a daily civil penalty of two hundred fifty dollars ($250) until the violation is corrected. A violation shall be deemed to have been corrected on the date the facility submits documentation of the correction to the department if the correction is verified by the department.
1569.158. (a) A residential care facility for the elderly shall not prohibit the formation of a family council. If requested by a member of the residents family or the resident representative, the family council shall be allowed to meet in a common meeting room of the facility during mutually agreed-upon hours. A family council shall also be allowed to meet virtually or at an offsite location at its discretion.(b) Facility policies on family councils shall in no way limit the right of residents and participants in a family council to meet independently with outside persons, including members of nonprofit or governmental organizations or with facility personnel during nonworking hours.(c) For purposes of this section, family council means a meeting of family members, friends, representatives, or agents, as defined in Section 14110.8 of the Welfare and Institutions Code, of two or more residents to confer in private without facility staff.(d) A family council shall also be provided with adequate space on a prominent bulletin board or other posting area for the display of meeting notices, minutes, information, and newsletters.(e) A person other than a family member, friend, or resident representative may attend family council meetings, but only at the groups family councils invitation.(f) If a family council submits written requests, concerns, or recommendations, the facility shall respond in writing regarding any action or inaction taken in response to the requests, concerns, or recommendations within five business days and shall detail its rationale for that response.(g) (1) If a facility has a family council, the facility shall inform the residents and any family members, friends, and resident representatives identified on the contract of admission, during the admission process, or in the residents records of the existence of the family council and provide the name and contact information of the family council representative, as designated by the family council, in writing, prior to or within five business days after the residents admission. The facility shall include notice of the family council meetings in quarterly mailings to those family members, friends, and resident representatives. The notice shall include the time, place, and date of meetings, and the name and contact information of the family council representative, as designated by the family council.(2) If a facility does not have a family council, the facility shall provide, upon admission of a new resident, written information to the residents family members, friends, or resident representatives identified on the contract of admission, during the admission process, or in the residents records, of their right to form a family council.(3) Upon request, and with the permission of the family council, the facility shall share the name and contact information of the designated representative of the family council with the long-term care ombudsman program.(h) (1) A facility shall provide the family council with the names, email addresses, and other contact information that the facility has, through the contract of admission or the residents records, for any family members, friends, and representatives of current residents, unless the corresponding family member, friend, or representative has opted out of having their contact information shared with the family council pursuant to paragraph (2).(2) Before a facility shares any contact information pursuant to paragraph (1), the facility shall notify its residents and those family members, friends, and representatives about the existence of the family council, as described in subdivision (g), and the fact that contact information will be shared with the family council pursuant to paragraph (1) unless the corresponding individual opts out of having their contact information shared.(3) This subdivision shall be implemented only to the extent not in conflict with federal law.(i) If a facility has a family council and a licensed capacity of 16 or more, the facility shall appoint a designated staff liaison, with the approval of the family council, who shall be responsible for providing assistance to the family council and responding to written requests that result from family council meetings.(j) A facility shall not interfere with the formation, maintenance, or promotion of a family council, or with a family councils participation in governmental surveys or inspection activities performed by any applicable departments or other entities. For purposes of this subdivision, interference shall include, but shall not be limited to, discrimination or retaliation in any way against an individual as a result of their participation in a family council, refusal to publicize family council meetings or provide appropriate space for meetings or postings as required under this section, failure to respond to written requests, concerns, or recommendations by a family council in a timely manner, or the willful scheduling of facility events in conflict with a previously scheduled family council meeting.(k) (1) A violation of this section shall not be subject to Section 1569.40.(2) A violation of this section shall constitute a violation of resident rights.(3) A facility that violates this section shall be subject to a daily civil penalty of two hundred fifty dollars ($250) until the violation is corrected. A violation shall be deemed to have been corrected on the date the facility submits documentation of the correction to the department if the correction is verified by the department.
1569.158. (a) A residential care facility for the elderly shall not prohibit the formation of a family council. If requested by a member of the residents family or the resident representative, the family council shall be allowed to meet in a common meeting room of the facility during mutually agreed-upon hours. A family council shall also be allowed to meet virtually or at an offsite location at its discretion.(b) Facility policies on family councils shall in no way limit the right of residents and participants in a family council to meet independently with outside persons, including members of nonprofit or governmental organizations or with facility personnel during nonworking hours.(c) For purposes of this section, family council means a meeting of family members, friends, representatives, or agents, as defined in Section 14110.8 of the Welfare and Institutions Code, of two or more residents to confer in private without facility staff.(d) A family council shall also be provided with adequate space on a prominent bulletin board or other posting area for the display of meeting notices, minutes, information, and newsletters.(e) A person other than a family member, friend, or resident representative may attend family council meetings, but only at the groups family councils invitation.(f) If a family council submits written requests, concerns, or recommendations, the facility shall respond in writing regarding any action or inaction taken in response to the requests, concerns, or recommendations within five business days and shall detail its rationale for that response.(g) (1) If a facility has a family council, the facility shall inform the residents and any family members, friends, and resident representatives identified on the contract of admission, during the admission process, or in the residents records of the existence of the family council and provide the name and contact information of the family council representative, as designated by the family council, in writing, prior to or within five business days after the residents admission. The facility shall include notice of the family council meetings in quarterly mailings to those family members, friends, and resident representatives. The notice shall include the time, place, and date of meetings, and the name and contact information of the family council representative, as designated by the family council.(2) If a facility does not have a family council, the facility shall provide, upon admission of a new resident, written information to the residents family members, friends, or resident representatives identified on the contract of admission, during the admission process, or in the residents records, of their right to form a family council.(3) Upon request, and with the permission of the family council, the facility shall share the name and contact information of the designated representative of the family council with the long-term care ombudsman program.(h) (1) A facility shall provide the family council with the names, email addresses, and other contact information that the facility has, through the contract of admission or the residents records, for any family members, friends, and representatives of current residents, unless the corresponding family member, friend, or representative has opted out of having their contact information shared with the family council pursuant to paragraph (2).(2) Before a facility shares any contact information pursuant to paragraph (1), the facility shall notify its residents and those family members, friends, and representatives about the existence of the family council, as described in subdivision (g), and the fact that contact information will be shared with the family council pursuant to paragraph (1) unless the corresponding individual opts out of having their contact information shared.(3) This subdivision shall be implemented only to the extent not in conflict with federal law.(i) If a facility has a family council and a licensed capacity of 16 or more, the facility shall appoint a designated staff liaison, with the approval of the family council, who shall be responsible for providing assistance to the family council and responding to written requests that result from family council meetings.(j) A facility shall not interfere with the formation, maintenance, or promotion of a family council, or with a family councils participation in governmental surveys or inspection activities performed by any applicable departments or other entities. For purposes of this subdivision, interference shall include, but shall not be limited to, discrimination or retaliation in any way against an individual as a result of their participation in a family council, refusal to publicize family council meetings or provide appropriate space for meetings or postings as required under this section, failure to respond to written requests, concerns, or recommendations by a family council in a timely manner, or the willful scheduling of facility events in conflict with a previously scheduled family council meeting.(k) (1) A violation of this section shall not be subject to Section 1569.40.(2) A violation of this section shall constitute a violation of resident rights.(3) A facility that violates this section shall be subject to a daily civil penalty of two hundred fifty dollars ($250) until the violation is corrected. A violation shall be deemed to have been corrected on the date the facility submits documentation of the correction to the department if the correction is verified by the department.
1569.158. (a) A residential care facility for the elderly shall not prohibit the formation of a family council. If requested by a member of the residents family or the resident representative, the family council shall be allowed to meet in a common meeting room of the facility during mutually agreed-upon hours. A family council shall also be allowed to meet virtually or at an offsite location at its discretion.
(b) Facility policies on family councils shall in no way limit the right of residents and participants in a family council to meet independently with outside persons, including members of nonprofit or governmental organizations or with facility personnel during nonworking hours.
(c) For purposes of this section, family council means a meeting of family members, friends, representatives, or agents, as defined in Section 14110.8 of the Welfare and Institutions Code, of two or more residents to confer in private without facility staff.
(d) A family council shall also be provided with adequate space on a prominent bulletin board or other posting area for the display of meeting notices, minutes, information, and newsletters.
(e) A person other than a family member, friend, or resident representative may attend family council meetings, but only at the groups family councils invitation.
(f) If a family council submits written requests, concerns, or recommendations, the facility shall respond in writing regarding any action or inaction taken in response to the requests, concerns, or recommendations within five business days and shall detail its rationale for that response.
(g) (1) If a facility has a family council, the facility shall inform the residents and any family members, friends, and resident representatives identified on the contract of admission, during the admission process, or in the residents records of the existence of the family council and provide the name and contact information of the family council representative, as designated by the family council, in writing, prior to or within five business days after the residents admission. The facility shall include notice of the family council meetings in quarterly mailings to those family members, friends, and resident representatives. The notice shall include the time, place, and date of meetings, and the name and contact information of the family council representative, as designated by the family council.
(2) If a facility does not have a family council, the facility shall provide, upon admission of a new resident, written information to the residents family members, friends, or resident representatives identified on the contract of admission, during the admission process, or in the residents records, of their right to form a family council.
(3) Upon request, and with the permission of the family council, the facility shall share the name and contact information of the designated representative of the family council with the long-term care ombudsman program.
(h) (1) A facility shall provide the family council with the names, email addresses, and other contact information that the facility has, through the contract of admission or the residents records, for any family members, friends, and representatives of current residents, unless the corresponding family member, friend, or representative has opted out of having their contact information shared with the family council pursuant to paragraph (2).
(2) Before a facility shares any contact information pursuant to paragraph (1), the facility shall notify its residents and those family members, friends, and representatives about the existence of the family council, as described in subdivision (g), and the fact that contact information will be shared with the family council pursuant to paragraph (1) unless the corresponding individual opts out of having their contact information shared.
(3) This subdivision shall be implemented only to the extent not in conflict with federal law.
(i) If a facility has a family council and a licensed capacity of 16 or more, the facility shall appoint a designated staff liaison, with the approval of the family council, who shall be responsible for providing assistance to the family council and responding to written requests that result from family council meetings.
(j) A facility shall not interfere with the formation, maintenance, or promotion of a family council, or with a family councils participation in governmental surveys or inspection activities performed by any applicable departments or other entities. For purposes of this subdivision, interference shall include, but shall not be limited to, discrimination or retaliation in any way against an individual as a result of their participation in a family council, refusal to publicize family council meetings or provide appropriate space for meetings or postings as required under this section, failure to respond to written requests, concerns, or recommendations by a family council in a timely manner, or the willful scheduling of facility events in conflict with a previously scheduled family council meeting.
(k) (1) A violation of this section shall not be subject to Section 1569.40.
(2) A violation of this section shall constitute a violation of resident rights.
(3) A facility that violates this section shall be subject to a daily civil penalty of two hundred fifty dollars ($250) until the violation is corrected. A violation shall be deemed to have been corrected on the date the facility submits documentation of the correction to the department if the correction is verified by the department.