Residential care facilities for the elderly: resident and family councils.

Existing law provides for the licensure and regulation of residential care facilities for the elderly by the State Department of Social Services and makes a violation of those provisions punishable as a misdemeanor, except as specified. Existing law requires every licensed residential care facility for the elderly, at the request of a majority of its residents, to assist the residents in establishing and maintaining a resident-oriented facility council. Existing law requires the council to be composed of residents of the facility and authorizes the inclusion of family members of residents of the facility on the council. Existing law authorizes the council to, among other things, make recommendations to facility administrators to improve the quality of daily living in the facility and negotiate to protect residents' rights with facility administrators. Existing law authorizes the assessment of specified civil fines for violations of this provision. This bill would instead require every licensed residential care facility for the elderly, at the request of 2 or more residents, to assist the residents in establishing and maintaining a single resident council, as specified. The bill would authorize family members, resident representatives, advocates, long-term care ombudsman program representatives, facility staff, or others to participate in resident council meetings and activities at the invitation of the council. The bill would authorize a resident council to, among other things, make recommendations to facility administrators to improve the quality of daily living and care in the facility and to promote and protect residents' rights. The bill would require facilities to respond in writing within 14 calendar days regarding any action or inaction taken in response to written concerns or recommendations submitted by the resident council. The bill would impose certain requirements on facilities relating to the promotion of resident councils, as specified. The bill would require a facility with a resident council and a licensed capacity of 16 or more residents to appoint a designated staff liaison who shall be responsible for providing assistance to the resident council, as specified. The bill would prohibit facilities from willfully interfering with the formation, maintenance, or promotion of a resident council, as specified. The bill would require this provision to be posted in a prominent place, as specified. The bill would provide that a violation of these provisions is not a crime, but would impose a daily $250 civil penalty for a violation of these provisions, as specified. Existing law prohibits a facility from prohibiting the formation of a family council, which is defined to mean a meeting of family members, friends, responsible parties, or agents of 2 or more residents to confer in private without facility staff. This bill would authorize facility personnel or visitors to attend a family council meeting only at the council's invitation and would require a facility to respond in writing within 14 calendar days regarding any action or inaction taken in response to written concerns or recommendations submitted by the family council. The bill would require a facility to provide specified notice regarding the existence of, or right to, form a family council. The bill would require a facility with a family council and a licensed capacity of 16 or more residents to appoint a designated staff liaison who shall be responsible for providing assistance to the family council, as specified. The bill would prohibit a facility from willfully interfering with the formation, maintenance, or promotion of a family council, or its participation in the regulatory inspection process, as specified. The bill would provide that a violation of these provisions is not a crime, but would impose a daily $250 civil penalty for a violation of these provisions, as specified.