PIN 23-19-ASC
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Clearpol's Opinion of this Guidance as of 12/11/2023
PIN 23-19-ASC, has a summary of and implementation information for 2023 chaptered legislation that will affect RCFEs effective 1/1/24. These require action by facilities and CCLD may use any of its available oversight and compliance activities to ensure compliance.
Post/keep this PIN facility where all residents and staff as well as families and representatives of residents can easily access it and distribute the PIN Summary for Persons in Care, attached, to residents and/or, if applicable, their representatives.
AB 979 Family Councils
· Repeals and adds HSC section: A family council shall also be allowed to meet virtually or at an offsite location at its discretion.
· Removes ”agents” from the meaning of family council.
· 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.
· 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.
· 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 or identified during the admission process of the existence of the family council. The facility shall provide the resident and their family members, friends, and resident representatives with 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 or the resident’s representative, family member, or other individual is designated or identified. When family council meeting information is provided by the family council, the facility shall include notice of family council meetings in routine 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.
· 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 during the admission process of their right to form a family council.
· The 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.
· The facility must inform the identified family members, friends, and representatives of their right to have their contact information shared with the
family council and their right to consent or withhold consent to have their contact information shared with the family council.
· If a facility has a family council and a licensed capacity of 16 or more, the facility shall appoint a designated staff liaison who shall be responsible for providing assistance to the family council and responding to written requests that result from family council meetings. A facility shall provide an alternate staff liaison as needed.
· 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 department or other governmental entities. 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, failure to respond to written requests, concerns, or recommendations by a family council as required.
Information only
AB 839 RCFE Financing
Amends Government Code, expands CHFFA to include RCFEs in the definition of “health facility”, makes all RCFEs potentially eligible to participate in financing and funding programs. Updates the definition of “elderly”, from 62 years of age or older to 60 years of age.
AB 1417 Elder and dependent adult abuse: mandated reporting
Amends Welfare and Institutions Code, establishes a simplified process for reporting known, suspected or alleged abuse that occurs in a ltc facility:
· For abuse allegedly caused by another resident of the facility with dementia, as specified, with no serious bodily injury, requires:
a written report within 24 hours to the long-term care ombudsman and the local law enforcement agency.
· For all other allegations of abuse, requires:
· a verbal report, immediately or as soon as practically possible, but no longer than two hours, to the local law enforcement agency, and
· a written report within 24 hours to the long-term care ombudsman, local law enforcement agency and the corresponding state licensing agency.
The general instructions on SOC 341 will be updated to reflect revised reporting timeframes.
Clearpol Inc. does not make any guarantees regarding the accuracy of the opinions provided on our platform. Please use your own judgement.
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