(a) Residents of residential care facilities for the
elderly shall have all of the following rights:
(1) To be accorded dignity in their personal relationships with
staff, residents, and other persons.
(2) To be granted a reasonable level of personal privacy in
accommodations, medical treatment, personal care and assistance,
visits, communications, telephone conversations, use of the Internet,
and meetings of resident and family groups.
(3) To confidential treatment of their records and personal
information and to approve their release, except as authorized by
(4) To be encouraged and assisted in exercising their rights as
citizens and as residents of the facility. Residents shall be free
from interference, coercion, discrimination, and retaliation in
exercising their rights.
(5) To be accorded safe, healthful, and comfortable
accommodations, furnishings, and equipment.
(6) To care, supervision, and services that meet their individual
needs and are delivered by staff that are sufficient in numbers,
qualifications, and competency to meet their needs.
(7) To be served food of the quality and in the quantity necessary
to meet their nutritional needs.
(8) To make choices concerning their daily life in the facility.
(9) To fully participate in planning their care, including the
right to attend and participate in meetings or communications
regarding the care and services to be provided in accordance with
Section 1569.80, and to involve persons of their choice in the
planning process. The licensee shall provide necessary information
and support to ensure that residents direct the process to the
maximum extent possible, and are enabled to make informed decisions
(10) To be free from neglect, financial exploitation, involuntary
seclusion, punishment, humiliation, intimidation, and verbal, mental,
physical, or sexual abuse.
(11) To present grievances and recommend changes in policies,
procedures, and services to the staff of the facility, the facility's
management and governing authority, and to any other person without
restraint, coercion, discrimination, reprisal, or other retaliatory
actions. The licensee shall take prompt actions to respond to
(12) To contact the State Department of Social Services, the
long-term care ombudsman, or both, regarding grievances against the
licensee. The licensee shall post the telephone numbers and addresses
for the local offices of the State Department of Social Services and
ombudsman program, in accordance with Section 9718 of the Welfare
and Institutions Code, conspicuously in the facility foyer, lobby,
residents' activity room, or other location easily accessible to
(13) To be fully informed, as evidenced by the resident's written
acknowledgement, prior to or at the time of admission, of all rules
governing residents' conduct and responsibilities. In accordance with
Section 1569.885, all rules established by a licensee shall be
reasonable and shall not violate any rights set forth in this chapter
or in other applicable laws or regulations.
(14) To receive in the admission agreement a comprehensive
description of the method for evaluating residents' service needs and
the fee schedule for the items and services provided, and to receive
written notice of any rate increases pursuant to Sections 1569.655
(15) To be informed in writing at or before the time of admission
of any resident retention limitations set by the state or licensee,
including any limitations or restrictions on the licensee's ability
to meet residents' needs.
(16) To reasonable accommodation of individual needs and
preferences in all aspects of life in the facility, except when the
health or safety of the individual or other residents would be
(17) To reasonable accommodation of resident preferences
concerning room and roommate choices.
(18) To written notice of any room changes at least 30 days in
advance unless the request for a change is agreed to by the resident,
required to fill a vacant bed, or necessary due to an emergency.
(19) To share a room with the resident's spouse, domestic partner,
or a person of resident's choice when both spouses, partners, or
residents live in the same facility and consent to the arrangement.
(20) To select their own physicians, pharmacies, privately paid
personal assistants, hospice agency, and health care providers, in a
manner that is consistent with the resident's contract of admission
or other rules of the facility, and in accordance with this act.
(21) To have prompt access to review all of their records and to
purchase photocopies. Photocopied records shall be promptly provided,
not to exceed two business days, at a cost not to exceed the
community standard for photocopies.
(22) To be protected from involuntary transfers, discharges, and
evictions in violation of state laws and regulations. Facilities
shall not involuntarily transfer or evict residents for grounds other
than those specifically enumerated under state law or regulations,
and shall comply with enumerated eviction and relocation protections
for residents. For purposes of this paragraph, "involuntary" means a
transfer, discharge, or eviction that is initiated by the licensee,
not by the resident.
(23) To move from a facility.
(24) To consent to have relatives and other individuals of the
resident's choosing visit during reasonable hours, privately and
without prior notice.
(25) To receive written information on the right to establish an
advanced health care directive and, pursuant to Section 1569.156, the
licensee's written policies on honoring those directives.
(26) To be encouraged to maintain and develop their fullest
potential for independent living through participation in activities
that are designed and implemented for this purpose, in accordance
with Section 87219 of Title 22 of the California Code of Regulations.
(27) To organize and participate in a resident council that is
established pursuant to Section 1569.157.
(28) To protection of their property from theft or loss in
accordance with Sections 1569.152, 1569.153, and 1569.154.
(29) To manage their financial affairs. A licensee shall not
require residents to deposit their personal funds with the licensee.
Except as provided in approved continuing care agreements, a
licensee, or a spouse, domestic partner, relative, or employee of a
licensee, shall not do any of the following:
(A) Accept appointment as a guardian or conservator of the person
or estate of a resident.
(B) Become or act as a representative payee for any payments made
to a resident, without the written and documented consent of the
resident or the resident's representative.
(C) Serve as an agent for a resident under any general or special
power of attorney.
(D) Become or act as a joint tenant on any account with a
(E) Enter into a loan or promissory agreement or otherwise borrow
money from a resident without a notarized written agreement outlining
the terms of the repayment being given to the resident.
(30) To keep, have access to, and use their own personal
possessions, including toilet articles, and to keep and be allowed to
spend their own money, unless limited by statute or regulation.
(b) A licensed residential care facility for the elderly shall not
discriminate against a person seeking admission or a resident based
on sex, race, color, religion, national origin, marital status,
registered domestic partner status, ancestry, actual or perceived
sexual orientation, or actual or perceived gender identity.
(c) No provision of a contract of admission, including all
documents that a resident or his or her representative is required to
sign as part of the contract for, or as a condition of, admission to
a residential care facility for the elderly, shall require that a
resident waive benefits or rights to which he or she is entitled
under this chapter or provided by federal or other state law or
(d) Residents' family members, friends, and representatives have
the right to organize and participate in a family council that is
established pursuant to Section 1569.158.
(e) The rights specified in this section shall be in addition to
any other rights provided by law.
(f) The provisions of this section are severable. If any provision
of this section or its application is held invalid, that invalidity
shall not affect other provisions or applications that can be given
effect without the invalid provision or application.