AFL 24-08
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Clearpol's Opinion of this Guidance as of 02/28/2024
AB 979 updates to HSC ยง1418.4 that revises and expands previous guidance on CA requirements for family council. Effective 1/1/2024:
A facility with a family council must provide its family council information to the resident and any other individual designated by the resident and/or identified on the contract of admission, during the admission process, or in the resident's records.
The facility must provide family council information to each required individual prior to, or within 5 business days after, the resident's admission and must include, in writing, the name and contact information of the family council's designated representative.
The facility also must inform the new resident's family members, representatives, or other designated individuals of their right to have their contact information shared with the family council.
The facility must provide the family council with the name, email address, and other contact information of anyone giving written consent to the sharing of their contact information with the family council. These provisions are to be implemented only to the extent not in conflict with state and federal law.
A family council must be allowed to meet virtually or at an offsite location at its discretion.
The designated staff person provided by the facility must be approved by the family council and the family council may request an alternate staff person to provide assistance and respond to written requests, as needed.
The facility's written responses to the family council's written requests, concerns, or recommendations must include whether the facility has taken any action or inaction and the facility's rationale for that response.
Prohibited facility actions include willful interference with a family council's participation in governmental surveys or inspection activities performed by any applicable departments or other governmental entities, refusal to comply with the requirements that it publicize family council meetings or to provide appropriate space for meetings and postings, and failure to respond to the family council's written requests, concerns, or recommendations.
If a SNF or ICF does not have a family council, the facility must provide written information regarding the right to form a family council to each new resident's family members, friends, or resident representatives.
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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