Skilled nursing facilities, intermediate care facilities, and residential care facilities for the elderly: notice to prospective residents.

(1) The Long-Term Care, Health, Safety, and Security Act of 1973 generally requires the State Department of Public Health to license and regulate long-term health care facilities and to establish an inspection and reporting system to ensure that long-term health care facilities are in compliance with state statutes and regulations. Existing law defines a "long-term health care facility" to include, among other facility types, a skilled nursing facility and an intermediate care facility. Existing law also regulates residential care facilities for the elderly, which are licensed by the State Department of Social Services. A violation of the provisions relating to the operation or maintenance of a long-term health care facility, or a residential care facility for the elderly, is a misdemeanor. Existing law, as part of the Mello-Granlund Older Californians Act, establishes the Office of the State Long-Term Care Ombudsman, under the direction of the State Long-Term Care Ombudsman, in the California Department of Aging. Existing law requires the State Long-Term Care Ombudsman to investigate and seek to resolve complaints against long-term health care facilities and to provide services to assist residents in the protection of their health, safety, welfare, and rights. Existing law also provides for the Long-Term Care Ombudsman Program under which funds are allocated to local ombudsman programs to assist elderly persons in long-term health care facilities. This bill would require a skilled nursing facility or an intermediate care facility to provide a prospective resident of the skilled nursing facility or intermediate care facility, or their representative, prior to or at the time of admission, a written notice that includes specified contact information for the local long-term care ombudsman and links to specified internet websites relating to these facilities. The bill would require the notice to include a statement that the ombudsman is intended as a resource for purposes of accessing additional information regarding resident care at the facility and reporting resident complaints. The bill would require an admission agreement for a residential care facility for the elderly to include a notice with similar information. By expanding the definition of existing crimes, the bill would impose a state-mandated local program. (2) Existing law requires a contract of admission for long-term health care facilities to specify that a copy of the facility grievance procedure is available and to inform residents of their right to contact the State Department of Public Health or ombudsman regarding grievances against the facility. This bill would additionally require a facility's grievance form to include contact information for the local long-term care ombudsman and the State Department of Public Health, and instructions on how to file a grievance with both entities. By expanding the definition of a crime, the bill would impose a state-mandated local program. (3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.