The California Department of Health has issued a new All Facilities Letter (AFL) regarding Assembly Bill (AB) 849, which changes the method of computing damages in civil actions against skilled nursing facilities (SNFs) and intermediate care facilities (ICFs) for violations of residents' rights. For violations that occurred prior to March 1, 2021, the licensee will be liable for up to $500 for the entire civil action, plus costs and attorney's fees. For violations that occur on or after March 1, 2021, the licensee will be liable for up to $500 for each violation, plus costs and attorney's fees. Agreements to waive residents' rights to sue are void as contrary to public policy. Courts must consider the nature and seriousness of each violation, the likelihood and severity of the risk, and the efforts made by the facility to prevent violations when determining damages. Civil actions may be brought by the legal representative, personal representative, or successor in interest of a current or former resident. Facilities are responsible for following all laws and regulations, regardless of whether they have been expressly notified by the CDPH.

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