Skilled nursing facilities: intermediate care facilities: liability.
Summary
Existing law authorizes a current or former resident or patient of a skilled nursing facility or intermediate care facility, as defined, to bring a civil action against the licensee of a facility who violates any of specified rights of the resident or patient or any other right provided for by federal or state law or regulation. Existing law makes the licensee liable for up to $500. Existing case law interpreting that provision held that the $500 limit on civil damages applies to each action and not to each violation. This bill would also authorize the legal representative, personal representative, or successor in interest of a current or former resident or patient of a skilled nursing facility or intermediate care facility to bring that civil action. The bill, for violations that occur on or after March 1, 2021, would make the licensee liable for up to $500 per violation and would prescribe required factors to be considered in assessing the amount of the damages, including, among others, the nature and seriousness of each violation.
Bill status
signed
all 5 stages cleared
Introduction
Feb 2021
Committee Review
May 2021
Assembly Passage
Apr 2021
Senate Passage
Sep 2021
Signed into Law
Oct 2021
Introduced Feb 17, 2021
Signed Oct 4, 2021
Floor votes · Senate Sep 2, 2021 · Assembly Apr 26, 2021
How they voted
27–6
Passed · 4 other
Total votes 37
Sep 2, 2021
D
Democratic29
93% Yea
R
Republican8
75% Nay
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
19
Key actions
8
Committee
5
Amendments
5
Oct 4, 2021
Signed into law
Approved by the Governor.
legislature
Sep 7, 2021
Lower · Passed
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 54. Noes 6. Page 2829.).
lower
Sep 2, 2021
Introduced
In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 4 pursuant to Assembly Rule 77.
lower
Sep 2, 2021
Upper · Passed
Read third time. Passed. Ordered to the Assembly. (Ayes 29. Noes 7. Page 2334.).
upper
Aug 16, 2021
Upper · Passed
Read third time and amended. Ordered to second reading.
upper
Jun 24, 2021
Upper · Passed
Read second time and amended. Ordered to third reading.
upper
Jun 23, 2021
Introduced
From committee: Amend, and do pass as amended. (Ayes 9. Noes 2.) (June 22).
upper
May 12, 2021
Committee
Referred to Com. on JUD.
upper
Apr 26, 2021
Lower · Passed
Read third time. Passed. Ordered to the Senate. (Ayes 51. Noes 14. Page 1182.)
lower
Apr 13, 2021
Lower · Passed
From committee: Do pass. (Ayes 8. Noes 3.) (April 13).
lower
Mar 25, 2021
Committee
Re-referred to Com. on JUD. pursuant to Assembly Rule 96.
lower
Feb 25, 2021
Committee
Referred to Com. on HEALTH.
lower
Feb 18, 2021
Lower · Passed
From printer. May be heard in committee March 20.
lower
1 primary · 1 co-sponsor
Sponsors
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