1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session A-Engrossed Senate Bill 228 Ordered by the Senate April 7 Including Senate Amendments dated April 7 Sponsored by Senators MANNING JR, PATTERSON, Representative SMITH G; Senators GELSER BLOUIN, WEBER, Representatives GOMBERG, HUDSON, LIVELY, NOSSE (at the request of Jewel Nelson, Judith Smith) (Presession filed.) SUMMARY The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject to consideration by the Legislative Assembly. It is an editor’s brief statement of the essential features of the measure. The statement includes a measure digest written in compliance with applicable readability standards. Digest: The Act creates a right to form family councils at certain long term care facilities. (Flesch Readability Score:67.5). Establishes the right of a resident of a residential care facility to [the formation of a] organize and participate in resident groups, including an independent family council.Prohibits a resi- dential care facility from willfully interfering with the formation, maintenance or promotion of [a] an independent family council or discriminating or retaliating against a resident based on [a family member’s or representative’s participation in a family council] the participation of the resident or the resident’s family member or legal representative in an independent family council . [Imposes civil penalties, not to exceed $500 per day of violation.] A BILL FOR AN ACT Relating to family councils in residential care facilities. Be It Enacted by the People of the State of Oregon: SECTION 1. (1) As used in this section: (a) “Facility” means a facility with a memory care endorsement under ORS 443.886. (b) “Independent family council” means a group of residents, family members of residents or legal representatives of residents that meets privately, either in person or virtually. (c) “Resident” means an individual residing in a facility. (2) A resident has the right to organize and participate in resident groups in a facility, including an independent family council. (3) At the time that a resident is admitted to a facility, the facility shall provide to the resident and the resident’s legal representative: (a) Written notice of the resident’s right to organize and participate in resident groups in the facility, including an independent family council; and (b) Information about how to contact and participate in any independent family council that has already been formed at the facility. (4) When an independent family council has been formed at a facility: (a) The facility shall provide adequate space in the entry area of the facility for the in- dependent family council to display information about the independent family council. (b) The facility shall provide space within the facility for the independent family council to meet during mutually agreed-upon times. The space must reasonably allow for privacy. (c) If requested by the independent family council, the facility shall take reasonable steps to make residents and family members and legal representatives of residents aware, in a NOTE:Matter in boldfaced type in an amended section is new; matter [italic and bracketed] is existing law to be omitted. New sections are in boldfaced type. LC 1632 A-Eng. SB 228 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 timely manner, of upcoming meetings of the independent family council. (d) Staff and visitors may attend independent family council meetings only at the invita- tion of the independent family council. All visitors, including family members and legal representatives of residents, must comply with any general facility policies and procedures that apply to visitors, such as sign-in and sign-out policies and nondiscrimination and anti- harassmentpolicies. (e) The facility shall designate a staff person to be responsible for responding to, or co- ordinating a response to, any written requests or grievances that result from the independ- ent family council. (f) The facility shall respond in a timely manner to any requests or grievances submitted by the independent family council concerning issues of resident care or life in the facility. The facility is not required to implement any requests submitted by the independent family council but shall, upon request, provide a response that describes the facility’s rationale for its decision. (5) An independent family council may not override the rights of a resident. (6) A facility may not: (a) Discriminate or retaliate against a resident based on the participation of the resident or the resident’s family member or legal representative in an independent family council. (b) Willfully interfere with the formation, maintenance or promotion of an independent familycouncil. [2]