Section 1569.158 Of Article 2. Licensing From California Health And Safety Code >> Division 2. >> Chapter 3.2. >> Article 2.
1569.158
. (a) A residential care facility for the elderly shall not
prohibit the formation of a family council. When requested by a
member of the resident's family or the resident representative, a
family council shall be allowed to meet in a common meeting room of
the facility during mutually agreed upon hours.
(b) Facility policies on family councils shall in no way limit the
right of residents and participants in a family council to meet
independently with outside persons, including members of nonprofit or
government organizations or with facility personnel during
nonworking hours.
(c) "Family council" for the purpose of this section means a
meeting of family members, friends, representatives, or agents as
defined in Section 14110.8 of the Welfare and Institutions Code of
two or more residents to confer in private without facility staff.
(d) Family councils shall be provided adequate space on a
prominent bulletin board or other posting area for the display of
meeting notices, minutes, information, and newsletters.
(e) Facility personnel or visitors may attend a family council
meeting only at the family council's invitation.
(f) If a family council submits written concerns or
recommendations, the facility shall respond in writing regarding any
action or inaction taken in response to the concerns or
recommendations within 14 calendar days.
(g) (1) If a facility has a family council, the facility shall
include notice of the family council and its meetings to family
members and resident representatives in routine mailings and shall
inform family members and resident representatives of new and current
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 time and place of meetings of the family
council, and the name of the family council representative.
(2) 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 or resident representative of their right to
form a family council.
(3) Upon request, and with the permission of the family council,
the facility shall share the name and contact information of the
designated representative of the family council with the long-term
care ombudsman program.
(h) 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.
(i) A facility shall not willfully interfere with the formation,
maintenance, or promotion of a family council, or its participation
in the regulatory inspection process. For the purposes of this
subdivision, willful interference shall include, but shall not be
limited to, discrimination or retaliation in any way against an
individual as a result of his or her participation in a family
council, refusal to publicize family council meetings or provide
appropriate space for meetings or postings as required under this
section, or failure to respond to written requests by a family
council in a timely manner.
(j) A violation of this section shall not be subject to the
provisions of Section 1569.40. A violation of this section shall
constitute a violation of resident rights. A facility that violates
this section shall be subject to a daily civil penalty of two hundred
fifty dollars ($250) until the violation is corrected. A violation
shall be deemed to have been corrected on the date the facility
submits documentation of the correction to the department if the
correction is verified by the department.