Resident Access Protection Act.

Existing law, including the California Residential Care Facilities for the Elderly Act and the California Community Care Facilities Act, requires the licensure and regulation of certain residential health and care facilities and establishes specified rights for the residents of these licensees. Existing law makes a violation of certain of these provisions or a willful or repeated violation of any rule or regulation promulgated under these provisions a crime. This bill would enact the Resident Access Protection Act. The act would provide a resident of a long-term care facility with the right to in-person, onsite access to a visitor or a health care and social services provider during a public health emergency in which visitation rights of residents are curtailed by a state or local order, as specified. The act would prescribe how a resident may leave their long-term care facility on outings during a public health emergency. The act would require a long-term care facility, among other things, to provide safety protocols required of care staff, visitors, and health and social services providers during a public health emergency to the residents, resident representatives, and visitors in writing. A violation of the act would be a crime and subject to civil penalties. By creating a new crime, this bill would impose a state-mandated local program. The bill would authorize a state or local government order to deny resident access to visitors and health care and social services providers for up to 7 days during a public health emergency and would authorize an extension of that order, as specified. The bill would authorize a state or local government order to supersede its provisions during a declared state of emergency, local emergency, health emergency, or local health emergency to limit the number of visitors or health care and social services providers who may simultaneously visit a resident, except as specified. The bill would authorize a state or local government order to specify the terms by which visitors or health care and social services providers can demonstrate their proficiency to follow the same safety protocols required by staff. The act would provide that its provisions may not otherwise be suspended, superseded, or modified, except by the Governor pursuant to their authority under the California Emergency Services Act, as specified. The bill would require certain facilities licensed pursuant to the California Residential Care Facilities for the Elderly Act and the California Community Care Facilities Act to comply with these requirements. By expanding the duties of these health care facilities, this bill would expand an existing crime, thereby imposing a state-mandated local program. 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.