This law is called the Long-Term Care, Health, Safety, and Security Act of 1973. It's a foundational name for a series of regulations focusing on these issues in long-term care settings.

This law is designed to ensure that long-term health care facilities follow both state and federal laws concerning patient care. It introduces a system for issuing fines to facilities that break the rules, requires inspections to verify compliance with health care standards, and establishes a process for granting licenses only to facilities that meet state standards for patient care.

If a long-term health care facility is penalized for not meeting state or federal rules, it must post a notice of the specific penalties on all doors leading in and out of the facility. These penalties could include suspension of licenses, ending Medicare or Medi-Cal certifications, or banning new admissions.

Certain facilities, like distinct part nursing facilities, have specific places where they need to put these notices. Not posting these notices correctly is itself a violation, and the notices must follow a specific format called “Notice of Violation Remedies.” The notice can be taken down once the penalty is lifted.

This law section explains how fines collected from healthcare facilities for violating state or federal laws are managed and used. The money goes into specific state and federal accounts and is used for protecting the residents of long-term health care facilities. This includes covering relocation costs if a facility closes, maintaining operations if a facility is having financial issues, reimbursing residents for lost personal funds, and funding informational meetings. The funds also support the Long-Term Care Ombudsman Program, but the state account cannot exceed $10 million. Moreover, funds may be used to improve the quality of care for residents. The Department of Health must publicly post details about the fund's sources, allocations, and expenditures on their website and update it quarterly.

This law is aimed at improving care and quality of life for people in long-term health care facilities. The department is responsible for several activities to achieve this goal. They include researching new care models, providing statewide training on effective practices, and offering specific training topics identified through surveys. A specialized unit will assist facilities with licensing and operational issues, without this unit involved in actual regulation to avoid conflicts of interest. Violations that immediately threaten patient safety must be reported by state employees during assistance visits. The department will also assess both the satisfaction of the facilities with the assistance provided and the effectiveness of these measures. The enforcement and survey process of the department remains unaffected by these provisions.

This law establishes a Quality Awards Program for nursing homes in the state. The program is designed to recognize exemplary care provided by skilled nursing facilities. The criteria for these awards are created with input from various stakeholder groups.

Monetary awards are given to facilities serving many Medi-Cal residents, with funds allocated annually. These awards are to be used for staff bonuses and innovative grants to improve care and staff retention.

The department determines criteria for awards in consultation with advocates, labor organizations, and industry reps. The award criteria aren't considered regulations. Recipients and award details are published yearly.

This section defines what is considered a long-term health care facility in California. It includes various types like skilled nursing, intermediate care facilities, and specific facilities for those with developmental disabilities. It also includes pediatric day health and respite care facilities. However, it does not include general acute care hospitals or acute psychiatric hospitals, unless they have parts that specifically offer services like those mentioned. Additionally, a 'licensee' is someone or an entity that holds a license to operate such a facility.

This law allows people receiving short-term care in a nursing facility to bring their medications if checked by their doctor or the facility's pharmacist. The facility isn't obligated to reserve a bed if the person temporarily transfers to a hospital.

Doctors can set up care plans in advance for up to 90 days based on initial assessments, and these plans are reusable unless there's a major medical change. The assessment and care plans for patients receiving short-term care can be simplified, and they don't need to be repeatedly updated unless the patient's condition changes significantly.

Respite care, meant to give home caregivers a break, can last up to 15 days at a time, or 45 days per year. Only 10% of a facility's beds can be used for respite care each year unless approved by health services.

This law requires certain licensed health and skilled nursing facilities to set up a resident council. The council must include residents and may include family members, advocates, or facility personnel. Family members should be invited to meetings. Councils need to meet regularly, keep minutes, and share these with the state upon request. Facilities can’t limit residents' rights to meet independently. If the facility doesn't set up a council, it faces penalties. There are possible exemptions if most residents have progressively disabling disorders, if the facility has six or fewer residents providing alternative participation methods, or other reasons specified by the state.

Skilled nursing facilities certified for Medicare or Medicaid must prominently display their overall star rating from the federal Centers for Medicare and Medicaid Services (CMS) in public, employee, and communal areas of the facility. This information must be clearly printed and include the facility's name, address, and the star rating, along with explanatory text about the CMS rating system. If the rating changes, facilities have seven business days to update the posting. Additional detailed information about the rating should be available on request and can be found on the CMS Nursing Home Compare website.

If a facility fails to comply, it commits a class B violation, which incurs penalties that are deposited into a state account for health facility fines. This regulation has been in effect since January 1, 2011.

This law requires skilled nursing facilities to have a backup power source that can last at least 96 hours during power outages, whether caused by emergencies, natural disasters, or other events. This ensures the safety and health of vulnerable residents by maintaining safe temperatures, life-saving equipment, and oxygen. Backup power can come from generators, batteries, or renewable energy sources, with facilities needing a plan for sufficient fuel or energy capacity.

The law mandates compliance starting January 1, 2026, subject to state funding appropriations. Facilities may use notices instead of formal regulations to implement these requirements.

This law requires skilled nursing facilities to permit family members to have private visits with their relative who resides there, if a family member requests it. The term 'family member' includes immediate family and anyone designated as family in the resident's records when they were admitted.

This law requires that nursing homes and intermediate care facilities allow the formation of family councils, which are private meetings of relatives and representatives of residents. Facilities must provide a meeting space at least once a month and can’t stop councils from meeting virtually or offsite. They must also provide notice to families about the council’s existence and meetings, and respond to written requests or grievances from the council within 14 days. Additionally, facilities must provide contact information for family members to the council if there is consent. Any interference with a family council is prohibited and is considered a violation of residents’ rights. Violations are classified as a serious resident rights breach.

This law ensures that patients in skilled nursing or intermediate care facilities can keep nonprescription or eye medications at their bedside unless their doctor or the facility has reasons not to allow it.

This law states that long-term health care facilities cannot take in or keep any patients unless they are able to provide them with the necessary level of care. Essentially, facilities must ensure they have the resources and abilities to meet the health care needs of their patients.

This law requires long-term health care facilities to create and follow policies to prevent theft and loss of resident property. They must publicly display these policies, train staff about them, and document any theft or loss over $25. An inventory of residents' personal items is needed when they arrive, leave, or die. Facilities should continually evaluate how well their policies work, mark personal items, report thefts over $100 to the police, and secure personal items. Residents and their families must be informed about these policies. If a facility shows strong evidence of trying to follow these rules, they won't be penalized for occasional incidents of theft or loss.

This law outlines procedures for making medical decisions for residents of skilled nursing or intermediate care facilities who cannot give informed consent due to lack of capacity. It defines key terms like 'emergency' and 'legal decisionmaker' and sets out the roles of patient representatives and legal decisionmakers in the process.

If a resident cannot consent to a medical intervention, the attending physician must document this and determine the lack of capacity. Facilities then use due diligence to find a legal decisionmaker; if none is available, a patient representative is involved.

An interdisciplinary team reviews medical interventions when needed, ensuring participant diversity, including staff and a patient representative. Emergency interventions can proceed without prior review but must be documented, with an interdisciplinary review following within a week.

Data related to medical interventions and reviews must be reported, and residents' rights to judicial review are maintained. Notices about medical interventions must be given in accessible formats, considering language and impairments.

The Long-Term Care Patient Representative Program plays a central role in coordinating patient representation, and specific provisions apply if this program is not operational.

Skilled nursing facilities must include in a resident's care assessment their projected stay and potential for discharge back to the community, starting from admission. They must assess if the resident wants to return to the community and evaluate their social support system. This information is documented alongside the minimum data set.

These facilities need to reassess the resident's potential for discharge at least every three months or whenever there is a significant change in the resident's medical condition.

An interdisciplinary team, including the attending physician and a registered nurse, will oversee the care planning process. When community return is part of the plan, the facility must provide information about community resources, such as home support and services for seniors.

If a resident prefers and can return to the community, the facility should help them access available community programs and case management services. The costs of these obligations are reimbursable under Medi-Cal but aren't considered a new state obligation.

If a doctor at a skilled nursing facility wants to give or increase antipsychotic medication for a resident, they must first get the resident's informed consent and ask for permission to inform a designated family member.

If the resident agrees to notify the family, the doctor must try to inform them within 48 hours. However, notification is not needed if there is no family member on record, the resident is terminally ill and receiving hospice care, or the resident hasn't agreed to the notification.

A resident refers to someone who can make health decisions. Antipsychotic medication is for treating psychosis, and increasing an order means raising the dose beyond what was previously agreed.

Family consent isn't required for doctors to prescribe or adjust these medications.

This law requires long-term health care facilities to report any alleged or suspected abuse of their residents to the relevant department either immediately or within 24 hours. Failing to do so is considered a class "B" violation. "Abuse" is defined based on specific conduct identified in another section of the law. This rule does not alter other existing elder abuse reporting obligations under related laws.

This law requires the creation of a centralized unit within a department to handle consumer inquiries and complaints about long-term health care facilities. The unit helps consumers by providing information on licensing, resident rights, facility compliance, and more. They can also facilitate phone conferences to resolve concerns or initiate investigations if necessary. Individuals can report issues verbally or in writing, and reports can lead to inspections. While complaints are investigated, the identity of the complainant remains confidential unless they request disclosure or it involves a legal case.

The department can take any enforcement actions needed under state or federal law. The complaint process ensures transparency without compromising the privacy of those reporting issues.

This law outlines how complaints against licensed facilities, like nursing homes, are handled by the California health department. When a complaint is received, an inspector is assigned, and the complainant is informed of the inspector's name within two working days. If the complaint suggests imminent danger, an investigation must occur within 24 hours; otherwise, it should happen within 10 working days unless it's deemed baseless or meant to harass.

The department must investigate complaints promptly, varying from 60 to 90 days based on the complaint's nature and timing, with possible extensions due to special circumstances. Complainants dissatisfied with the outcome can request an informal conference, and if still unsatisfied, escalate to the Complainant Appeals Unit for further review.

Citations from complaints must be issued within 30 days post-investigation, and a conference with the facility's administrator should occur at the investigation's end, ensuring confidentiality and non-retaliation against complainants. This law emphasizes thorough investigations and safeguarding complainants' rights.

This law allows state officials to inspect long-term healthcare facilities anytime to make sure they follow the rules, including talking to residents and checking records.

Patients must be treated with respect and dignity during these inspections. Inspections from complaints need to be effective and respect patient rights, with no advance notice unless authorized.

If public employees give unauthorized advance notice of inspections, they will be suspended without pay. Inspectors must not interfere with the practices of registered nurses working under their legal scope.

This law requires skilled nursing facilities in California to notify the Department of Health within 24 hours if certain significant events occur. These events include: receiving a judgment lien, a bank refusing to honor payroll checks, supplies falling below minimum requirements, financial resources being insufficient to operate the facility for 45 days, or failing to pay insurance premiums or tax liens on time. Notification can be made by fax, overnight mail, or phone with written confirmation within five days. Such notifications remain confidential unless needed to justify departmental actions or if they become public records. Not complying with these notification requirements is considered a class “B” violation.

If someone in charge of a long-term health care facility files for bankruptcy, they have to notify the California Department of Health within 24 hours about the filing and the court involved. If a bankruptcy trustee is appointed, the facility must also inform the department within 24 hours, including details about the trustee. The department will then inform the trustee about the legal requirements for running the facility.

Trustees must manage the facility according to state laws, ensuring patient rights and safety. They cannot bypass these laws, even during liquidation, because moving patients poses significant health and safety risks. If a trustee doesn't follow these requirements, the department will report them and take necessary actions to enforce compliance.

This California law ensures that long-term health care facilities maintain high standards of care by mandating regular inspections. The inspections aim to assure facilities meet state and federal health care standards. Inspections happen at least every 24 to 30 months, more frequently if serious issues are found, and without prior notice to the facility.

Inspections focus on compliance with higher-protection California laws compared to federal standards, and their costs are included in licensing and certification fees. Changes in nursing home administrators or directors of nursing must be reported to the state within 10 days, leading to possible abbreviated inspections.

If a new administrator has licensure issues, further inspections occur. The main goal is to prioritize correcting any deficiencies in care and improving facility standards.

This law requires the State Department of Public Health to conduct yearly inspections of long-term care facilities that provide special treatment programs for people with mental disorders. These inspections should be done at the same time as the State Department of Health Care Services inspects for program approval, if possible.

If inspections aren't done together, there must be at least one licensed mental health professional on the team. The inspection team members must also receive training focused on the mental health treatment needs of residents with mental disorders.

This section requires the department to create a consumer information system that helps the public find information about long-term care facilities in their area. This system should include an online inquiry platform accessible via a toll-free number and the Internet.

It must provide detailed profiles on facilities, including their services, compliance history, ownership, contact information, Medicare/Medi-Cal acceptance, special care units, profit status, and updates on complaints or citations. The system should also interface with existing state certification databases when possible.

The system must keep personal details of residents and staff confidential.

This law requires that all skilled nursing and intermediate care facilities must display a specific notice in four prominent places within the facility. These locations include an area accessible to the public, the employee break room, near a resident-designated telephone, and in a common area used for resident activities like dining or meetings.

Before or when someone is admitted to certain types of care facilities, like skilled nursing or intermediate care, the facility must give them a written notice. This notice should include important contact information for a local ombudsman, who can help with questions about care or handle complaints. The notice should also have links to useful health department websites for more information about the facility's licensing and care comparison resources.

This requirement is an extra step, in addition to other notifications these facilities must legally provide, and it can be part of the standard admission paperwork.

The state department must give the office copies of inspection reports for long-term health care facilities when asked. They must also share copies of serious citations labeled as ‘AA,’ ‘A,’ and ‘B’ that have been issued to these facilities.

This law section explains that if a nursing facility in California is found violating any relevant laws or regulations, the director must issue a notice to correct the violation within 24 hours, excluding weekends and holidays. Before a citation is issued, the facility is given an opportunity to discuss the findings and provide additional information during an exit conference.

If a violation justifies a citation, it can either recommend federal enforcement or issue a state citation, which must be served within 30 days, describing the violation and proposed penalties. Notably, the privacy of patients must be maintained, and a list of involved patients is provided to the facility without public disclosure.

No citation is given if the incident caused no harm, if only one violation is found per incident, or if the facility itself reports the violation as an unusual occurrence, given certain conditions are met, like prompt correction and no harm caused.

This law requires the state department to review deficiencies in nursing facilities that could lead to losing their certification. They need to use a standardized method that looks at how well inspection teams follow rules, how detailed their investigations are, and if they document everything properly. It also ensures they are consistent in understanding federal requirements.

Additionally, the state department must create a system to track patterns and ensure quality in inspections. Each year, by December 1, they have to report to the Legislature about enforcement actions against nursing facilities from the previous year. This report is combined with another required report and covers the last state fiscal year.

This law outlines how citations, or official notices of violations, are classified and penalized for long-term health care facilities in California. Citations are sorted into classes based on the severity of the violation and risk to residents. For example, a Class 'AA' violation significantly contributing to a resident's death carries the highest penalty, from $5,000 to $25,000. Class 'A' violations present severe threats to residents and incur penalties between $1,000 and $10,000. Class 'B' violations are less severe but still impactful, with penalties ranging from $100 to $1,000. Factors like the resident's health and the facility's past compliance affect the penalty amount.

Willfully falsifying or omitting information in health records can also result in penalties. Facilities must correct violations, and if they show enough proof of due effort to comply, some citations might be dismissed. Violations tied to specific code requirements, like posting notices, have set penalties. The law ensures transparency by requiring that citations be shared with affected parties and allows for appeals and documentation in public records.

This section outlines conditions under which a health facility won't be cited for regulatory violations if they self-discover and document these issues. First, the facility must have a quality assurance program, including a log accessible to the state during inspections. Violations shouldn't be intentional or cause harm, must be recorded by the facility before state discovery, and must be promptly corrected. If the facility's corrective steps are inadequate, the state must allow time for improvement. Generally, the quality assurance log isn't allowed as evidence in actions against the facility but can be used for credibility challenges in court. However, certain officials, like state employees and approved ombudsmen, can request access to the log, and they must keep the information confidential. Facilities can also choose to share the log with ombudsmen without worrying about liability.

Starting January 1, 2023, if a licensed provider in California doesn't pay a penalty after losing all appeals, the state may notify any related business associates involved with owning 5% or more of the provider. The state could then pursue legal action to reclaim the money from these associates. If after two notices, the associates can't pay, the department will document why. This documentation is generally public, unless state law exempts it. Additionally, when a citation is issued, related parties will be informed of the violation and potential consequences if not addressed, including possible financial penalties.

This law sets fines for violations in skilled nursing or intermediate care facilities in California. There are different classes of citations with varying penalties. A class "AA" citation can lead to fines from $30,000 to $120,000, and repeated offenses may result in license suspension or revocation. A class "A" citation has fines ranging from $3,500 to $25,000, but if it involves a death, the penalty increases to $15,000 to $60,000. If a health record is falsified or omitted intentionally, it incurs a similar fine to class "A". Class "B" citations, which are less severe, have fines between $150 and $3,000, especially if patient rights violations cause emotional harm. Facilities can also opt to pay a reduced penalty instead of contesting these citations.

If a developmental center fails to report certain incidents as required by another law, it's considered a serious violation called a class B violation if it happens in a specific type of health care facility. This can lead to penalties that are outlined for skilled nursing or intermediate care facilities, or for other types of long-term health care facilities.

If a licensee doesn't fix a violation by the deadline given in a citation, they must pay a penalty of $50 for each day the issue continues past the deadline. If the licensee disagrees with the state's decision about the violation or the deadline, they can ask for an informal meeting to challenge it.

This law requires the director to consult with industry and consumer groups to create regulations defining what counts as class "A" and "B" violations, within three months of the chapter's effective date. These regulations need to be published and finalized within six months. Importantly, the rules can't introduce new quality care standards or procedures that weren't required in 1974 unless there's funding to cover any significant new costs.

Additionally, any costs resulting from these new regulations don't count as new costs if they are directly related to fulfilling the requirements of the existing citation system.

If a long-term care facility doesn't record giving medications, treatments, or other care in a patient's health care record, it's assumed they didn't provide that care.

This assumption can be challenged, but the facility has to prove otherwise with convincing evidence.

The presumption applies to state actions against the facility and can also be used in other legal cases if deemed fair by the court.

This law outlines the process for contesting citations and penalties issued to long-term healthcare facilities. If a facility wants to challenge a citation, it must follow specific steps based on the class of the citation ('AA,' 'A,' or 'B'). For class 'AA' and 'A' citations, the facility has 15 business days to notify the director and file a civil action within 90 days. For class 'B' citations, they can appeal administratively or opt for arbitration.

If dissatisfied with administrative decisions, the facility can request arbitration. The department must prove violations and penalties are justified. Penalties can triple if similar violations occur within 12 months. Facilities must act quickly in appeals, and dismissed citations should be reflected in records. Civil penalties offset state costs, but non-payment can lead to Medi-Cal payment withholding, unless it causes undue hardship. Amendments and historical application nuances are also mentioned.

If a licensee receives a citation, they have an option to pay a reduced penalty instead of contesting it. They can either pay the minimum amount required by law or 65 percent of the citation amount, whichever is greater. This payment must be made within 15 business days after getting the citation, unless another law section says differently.

If a long-term health care facility receives a serious citation and decides to challenge it, the citation will expire and become invalid if the Attorney General doesn't take it to court within a year of the facility's appeal notice.

This law requires long-term health care facilities to prominently display citations they receive for violations of certain health standards. Class "AA" and "A" citations must be posted for 120 days in areas visible to the public, employees, and residents. The citation must include the facility's name and address in large, readable fonts, and indicate the class of citation. Facilities can also post their plans for correction or dispute statements. If a citation is withdrawn or dismissed, it can be removed.

Class "B" citations are to be kept at the facility until the issue is resolved and made available to the public upon request. Facilities must also post a notice informing people that copies of final uncorrected citations can be inspected if requested. Failure to comply with this law results in a $1,000 civil penalty, but it is not a criminal offense. Fines collected go into a state account dedicated to health facility penalties.

This law requires any long-term health care facility, like a skilled nursing or intermediate care facility, to notify residents, their representatives, and potential new residents in writing if they face certain penalties. These penalties include losing their Medicare or Medicaid provider agreement, being denied payment for new or all admissions, or bans on admissions. Not complying with this notification requirement is considered a 'Class B' violation.

This California law allows for legal actions against licensees of skilled nursing facilities or intermediate care facilities for specific violations. Residents or their representatives can sue the facility if their rights are violated. There are two main types of civil actions: one initiated by the Attorney General for general violations and another by individuals for personal rights violations.

If the violation occurred before March 1, 2021, the facility can be fined up to $500 total, while violations after this date carry a fine of $500 per violation. Facilities can also face injunctions—court orders mandating them to stop certain actions.

Residents cannot waive their right to sue, meaning agreements to give up this right are void. When calculating fines, factors like the severity of the violation and its potential harm to residents, along with the facility's preventive efforts, are considered. These remedies are additional to other legal options.

This law prohibits long-term health care facilities from discriminating or retaliating against anyone who files a complaint or participates in an investigation about the facility's care or conditions. If a patient is expelled or treated unfairly after a complaint is made, it is presumed as retaliation if it happens within 180 days of the complaint. Similarly, if an employee is fired or discriminated against after participating in a related investigation, it is presumed as retaliation if it occurs within 120 days of the complaint.

The facility must prove otherwise if they claim their actions were not retaliatory. Penalties for violations range from up to a $10,000 fine, and they are categorized differently based on severity and assessed accordingly. Each facility must visibly post information about inspection rights and protections against retaliation. A person who violates this section may face a civil penalty or criminal fine, but not both.

This law says that a nursing home or healthcare facility won't be blamed for any wrongdoings of independent doctors or medical professionals working there, as long as the facility has done its part in warning these professionals about their responsibilities to patients. Essentially, they need to show that they've been careful and clear when informing the doctors of their duties.

This law states that the legal solutions offered in this chapter are additional options and do not limit or replace other legal options that may be available. It allows any party to seek further legal action based on the same situation even after a decision has been made under this chapter.

Starting in 1974, the state must inform public agencies each year by February 1 about long-term health care facilities with no major violations found in the past year. Public agencies should prioritize these facilities when referring patients who receive public assistance. Agencies are prohibited from sending patients to facilities with any uncorrected major 'A' violations or five or more uncorrected 'B' violations unless the director makes an exception due to a shortage of similar facilities in the area.

This law requires the state department to offer ongoing training for inspectors who ensure quality care in long-term health care facilities. The training should cover investigative techniques and standards and should be in place by July 1, 1974. The Department of Justice will help develop the investigative training, which can be conducted through a contract with them, but it’s not mandatory.

If a health facility in California hasn't been licensed before, it can get a provisional license that lasts for six months. During this time, the facility needs to meet all the requirements for a full license. Within 30 days after the provisional license ends, the facility is inspected. If it meets all the standards, a regular license is issued. If it's making progress but isn't fully compliant, the provisional license can be renewed for another six months. If there's still a lack of compliance after a second inspection, no further licensing is granted.

If a facility's application for a provisional license is denied, the applicant can request a hearing to contest this decision. The standards for granting a provisional license are as strict as those for a permanent one. However, general acute care hospitals and acute psychiatric hospitals are not subject to these rules.

If a nursing facility is part of Medicare or Medicaid and faces issues like losing its provider agreement, having a temporary manager, or being fined by the federal government, California can replace its regular license with a provisional one. This provisional license lasts for six months but can be extended if the facility shows progress in meeting standards. Before ending a provisional license, the state will inspect the facility to decide whether to restore the regular license or extend the provisional one. If the facility disagrees with the decision to deny a regular license, it can request a hearing, where the state must prove why the license should not be restored.

This law requires the state department to evaluate how well the enforcement system is maintaining the quality of care in long-term health care facilities. They must report to the Legislature every year by December 1st, starting in 2001, with their findings and any suggestions for new laws to improve this system or the quality of care. This report should be combined with another required report and cover the past fiscal year.

This law section declares that any documents connected to the state department's duties in this chapter are considered public records and can be inspected by the public. However, the law protects the privacy of individuals by ensuring their names aren't disclosed in public records, unless they are state officials or employees conducting investigations. When these documents are made available to the public, personal names are removed to protect private information.

This law requires all long-term care facilities to offer activity programs for their residents. These programs are tailored to each resident's needs and interests, encouraging them to take care of themselves and engage in normal activities. Activities might include skills like personal hygiene, managing their own space and medication, handling money for personal use, and getting along with others. Each resident's activity plan must be reviewed and approved by the doctor at least every three months to make sure it aligns with their treatment plan.

The law mandates that the state department develop and maintain an automated information system. This system is meant to improve the operation and enforcement of health care regulations by collecting crucial data, making facility information more accessible, spotting substandard care trends, and providing useful management info. Additionally, it should inform the public about long-term health care facilities in California using a consumer information system.

The department is encouraged to seek federal funding to support this system. Before it's implemented, the consumer information component must be reviewed by the Health Care Advisory Committee.

This law requires long-term health care facilities to notify the local long-term care ombudsman when a resident is being transferred or discharged from a facility. The notice must be sent at the same time as it is given to the resident or their representative, except in emergency cases to a hospital. Notices can be sent via fax or email, or by mail if electronic options aren’t available, and must be timely to avoid penalties.

The facility must provide the resident with a discharge evaluation and plan, explaining why their needs can't be met and how the new facility will meet those needs. This information must be delivered at least 48 hours before the move and be free of charge. If a resident appeals the decision, both parties must have access to relevant documents before and during the hearing. These processes align with federal requirements and give the resident or their representative a right to refuse documents or if no transfer is proposed.

This law allows a long-term care facility that is part of the Medi-Cal program to transfer or evict a resident within 90 days of their admission if certain conditions are met. First, the facility must ask for detailed information about the resident’s financial situation before admitting them. Secondly, the facility makes its admission decision based on this information. If the facility finds that the resident’s financial status was misrepresented, it can take action. The 90-day limit doesn’t apply if the resident committed fraud, but action must be taken within 18 months of admission. Lastly, the facility must notify the state department and the Long-Term Care Ombudsman before proceeding with eviction.

Long-term health care facilities must inform applicants or their representatives both verbally and in writing, before they are admitted, about whether the facility accepts Medi-Cal. They also need to explain when a person on Medi-Cal can be involuntarily moved from the facility.

This law requires skilled nursing facilities participating in Medi-Cal to make their current daily resident census and nurse staffing data available to the public. They can achieve this by either posting the information on their website or providing it upon request via phone call or email. The data must reflect the information required by federal guidelines and be relevant to the day of request or posting.

Additionally, this section clarifies that these requirements are neither reimbursable as a new state mandate nor do they preclude the provision of any other legally required information. Violations of this section are not subject to certain penalty sections. Lastly, the law acknowledges that compliance is cost-neutral, but it allows for future changes if a legal ruling mandates reimbursement.