Article 7.5. Resident Participation In Decisionmaking of California Health And Safety Code >> Division 2. >> Chapter 3.2. >> Article 7.5.
(a) A resident of a residential care facility for the
elderly, or the resident's representative, or both, shall have the
right to participate in decisionmaking regarding the care and
services to be provided to the resident. Accordingly, prior to, or
within two weeks after, the resident's admission, the facility shall
coordinate a meeting with the resident and the resident's
representative, if any, an appropriate member or members of the
facility's staff, if the resident is receiving home health services
in the facility, a representative of the home health agency involved,
and any other appropriate parties. The facility shall ensure that
participants in the meeting prepare a written record of the care the
resident will receive in the facility, and the resident's preferences
regarding the services provided at the facility.
(b) Once prepared, the written record described in subdivision (a)
shall be used by the facility, and, if applicable pursuant to
Section 1569.725, the home health agency, to determine the care and
services provided to the resident. If the resident has a regular
physician, the written record shall be sent by the facility to that
(c) The written record described in subdivision (a) shall be
reviewed, and, if necessary, revised, at least once every 12 months,
or upon a significant change in the resident's condition, as defined
by regulations, whichever occurs first. The review shall take place
at a meeting coordinated by the facility, and attended by the
resident, the resident's representative, if any, an appropriate
member or members of the facility's staff, and, if the resident is
receiving home health services in the facility, a representative from
the home health agency involved.
(d) This section shall not preclude a residential care facility
for the elderly or home health agency from satisfying other state or
federal obligations at a meeting required by subdivision (a) or (c).
(e) If the residential care facility for the elderly is a
continuing care retirement community, as defined in paragraph (10) of
subdivision (c) of Section 1771, this section shall apply only to
residents who require care and supervision, as defined in subdivision
(b) of Section 1569.2.