§ 1418.4. — 1418.4. (Repealed and added by Stats. 2023, Ch. 821, Sec. 3.)

(a)
A licensed skilled nursing facility or intermediate care facility shall not prohibit the formation of a family council. If requested by a member of the resident’s family or the resident representative, the family council shall be allowed to meet in a common meeting room of the facility at least once per month during mutually agreed-upon hours. A family council shall also be allowed to meet virtually or at an offsite location at its discretion.
(b)
Facility policies on family councils shall in no way limit the right of residents, family members, and family council members to meet independently with outside persons, including members of nonprofit or
governmental organizations or with facility personnel during nonworking hours.
(c)
For purposes of this section, “family council” means a meeting of family members, friends, or representatives of two or more residents to confer in private without facility staff.
(d)
A family council shall be provided with adequate space on a prominent bulletin board or other posting area for the display of meeting notices, minutes, newsletters, or other information pertaining to the operation or interest of the family council.
(e)
A person other than a family member, friend, or resident
representative, including facility staff, may attend a family council meeting, but only at the invitation of the family council.
(f)
The facility shall provide a designated staff person, approved by the family council, who shall be responsible for providing assistance and responding to written requests that result from family council meetings. The family council may request an alternate staff person as needed.
(g)
The facility shall consider the views and act upon the grievances and recommendations of a family council concerning proposed policy and operational decisions affecting resident care and life in the facility.
(h)
If a family council submits written requests, concerns, or recommendations,
the facility shall respond in writing regarding any action or inaction taken in response to the requests, concerns, or recommendations within 14 calendar days and shall detail its rationale for that response.
(i)
(1)
If a facility has a family council, the facility shall inform the
resident and the resident’s representatives, family members, or other individuals designated by the resident and identified on the contract of admission, during the admission process, or in the resident’s records of the existence of the family council and provide the name and contact information of the family council representative, as designated by the family council, in writing, prior to or within five business days after the resident’s admission. When family council meeting information is provided by the family council, the facility shall include notice of the family council meetings in quarterly mailings to those family members, friends, and resident representatives. The notice shall include the time, place, and date of meetings, and the name and contact information of the family council representative, as designated by the family council.
(2)
If a facility does not have a family council, the facility shall provide, upon admission of a new resident, written information to the resident’s family members, friends, or resident representatives identified on the contract of admission, during the admission process, or in the resident’s records, of their right to form a family council.
(j)
(1)
A facility shall provide the family council with the names, email addresses, and other contact information
for each resident’s representatives, family members, or other individuals designated by the resident if the person has provided written consent specifying the contact information that may be shared with the family council.
(2)
The facility must inform the identified family members, friends, and representatives of their right to have their contact information shared with the family council pursuant to paragraph (1).
(3)
This subdivision shall be implemented only to the extent that it is not in conflict with state and federal law.
(k)
A facility shall not willfully interfere with the formation, maintenance, or promotion of a family council, or with a family council’s participation in governmental
surveys or inspection activities performed by any applicable departments or other governmental entities. For purposes of this subdivision, willful interference shall include, but shall not be limited to, discrimination or retaliation in any way against an individual as a result of their participation in a family council, refusal to publicize family council meetings or provide appropriate space for meetings or postings as required under this section, failure to respond to written requests, concerns, or recommendations by a family council as required under this section, or the willful scheduling of facility events in conflict with a previously scheduled family council meeting.
(l)
(1)
A violation of this section shall constitute a violation of resident rights.
(2)
A violation of this section shall constitute a class “B” violation, as defined in Section 1424.
(3)
A violation of this section shall not be subject to Section 1290.

Legislative History

Repealed and added by Stats. 2023, Ch. 821, Sec. 3. (AB 979) Effective January 1, 2024.