Several Concerning Skilled Nursing-Related Bills Introduced At Bill Introduction Deadline

A flurry of legislation was introduced near the bill deadline that may have significant impacts on California skilled nursing facilities.

Among the legislation that was introduced were:

AB 651 (Muratsuchi, D-Torrance), which would require not-for-profit skilled nursing facilities who sells, leases, exchanges, options, conveys or otherwise disposes of its assets to a for-profit corporation to provide additional information to the Attorney General, including a list of languages wide spoken in the county where the facility is located. Furthermore, this bill would require the Attorney General to consider if the agreement of transaction would have adverse impacts on significant cultural interests in the affected community.

AB 859 (Eggman, D-Stockton), which would lower the standard of evidence needed to be proved in a civil court action brought under the Elders and Dependent Adults Civil Protection Act (EDACPA) from “clear and convincing” evidence to a “preponderance of the evidence.”

AB 889 (Stone, D-Scotts Valley), which would eliminate confidential settlement agreements for any action that is deemed a “danger to the public health or safety,” including any device, instrument, substance, person, entity, procedure or product.

AB 940 (Weber, D-San Diego), which would require a skilled nursing facility to send a notice to both the local Ombudsman and the Office of the State Ombudsman any time a resident is transferred or discharged. A failure to send the notice to both entities within 24 hours of the transfer or discharge would constitute a class B violation, and would authorize the state Department of Public Health to impose additional fines and penalties if the failure to send the notice was deemed intentional.

SB 219 (Weiner, D-San Francisco), which would establish the Lesbian, Gay, Bisexual and Transgender Long-Term Care Facility Resident Bill of Rights. This bill establishes several rights afforded to LGBT residents, and provides a resident a private right of action if their rights are violated.

LeadingAge California has several concerns with many provisions of the above legislation, and is currently working with the authors offices to alleviate these concerns. We will continue to keep members updated on the status of these bills.