Reminds SNFs that HSC §1418.4 states that SNFs may not prohibit residents from organizing a family council (meeting of family members, friends or representatives of two or more residents to confer in private without facility staff) when requested by a member of the resident’s family or the resident’s representative.

A family council must be allowed to meet in a common meeting room of the facility at least once a month during mutually agreed upon hours. Staff or visitors may attend family council meetings, at the group's invitation.

Facility policies must not limit the right of residents, family members, and family council members to meet independently with outside persons, including members of nonprofit or government organizations or with facility personnel during nonworking hours. SNFs must not willfully interfere with the formation, maintenance, or promotion of a family council, including, but not limited to, discrimination or retaliation in any way against an individual as a result of his or her participation in a family council, or the willful scheduling of facility events in conflict with a previously scheduled family council meeting.

Additionally, SNFs must do the following:

• Provide 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

• Provide a designated staff person who must be responsible for providing assistance and responding to written requests that result from family council meetings

• 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

• Respond in writing to written requests or concerns of the family council, within 10 working days

• Include notice of the family council meetings in at least a quarterly mailing, and shall inform family members or representatives of new residents who are identified on the admissions agreement, during the admissions process, or in the resident's records, of the existence of the family council. The notice must include the time, place, and date of meetings, and the person to contact regarding involvement in the family council.

While the SOM, Appendix PP Guidance to Surveyors for LTCF, 2/3/23 for Title 42 CFR §483.10(f)(5)-(7) does not require SNF residents to organize a family council, the above CA state law states what SNFs still need to do.

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