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AB-849 Skilled nursing facilities: intermediate care facilities: liability.(2021-2022)

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Date Published: 02/17/2021 09:00 PM
AB849:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 849

Introduced by Assembly Member Reyes

February 17, 2021

An act to amend Section 1430 of the Health and Safety Code, relating to health facilities.


LEGISLATIVE COUNSEL'S DIGEST


AB 849, as introduced, Reyes. Skilled nursing facilities: intermediate care facilities: liability.
Existing law authorizes a current or former resident or patient of a skilled nursing facility or intermediate care facility, as defined, to bring a civil action against the licensee of a facility who violates any of specified rights of the resident or patient or any other right provided for by federal or state law or regulation. Existing law makes the licensee liable for up to $500.
This bill would make the licensee liable for up to $500 per violation.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 1430 of the Health and Safety Code is amended to read:

1430.
 (a) Except where when the state department has taken action and the violations have been corrected to its satisfaction, a licensee who commits a class “A” or “B” violation may be enjoined from permitting the violation to continue or may be sued for civil damages within a court of competent jurisdiction. An action for injunction or civil damages, or both, may be prosecuted by the Attorney General in the name of the people of the State of California upon his or her the Attorney General’s own complaint or upon the complaint of a board, officer, person, corporation, or association, or by a person acting for the interests of itself, its members, or the general public. The amount of civil damages that may be recovered in an action brought pursuant to this section may not exceed the maximum amount of civil penalties that could be assessed on account of the violation or violations.
(b) A current or former resident or patient of a skilled nursing facility, as defined in subdivision (c) of Section 1250, or intermediate care facility, as defined in subdivision (d) of Section 1250, may bring a civil action against the licensee of a facility who violates any rights of the resident or patient as set forth in the Patients Bill of Rights in Section 72527 of Title 22 of the California Code of Regulations, or any other right provided for by federal or state law or regulation. The suit shall be brought in a court of competent jurisdiction. The licensee shall be liable for the acts of the licensee’s employees. The licensee shall be liable for up to five hundred dollars ($500), ($500) for each violation, and for costs and attorney fees, and may be enjoined from permitting the violation or violations to continue. An agreement by a resident or patient of a skilled nursing facility or intermediate care facility to waive his or her that resident’s or patient’s rights to sue pursuant to this subdivision shall be is void as contrary to public policy.
(c) The remedies specified in this section shall be are in addition to any other remedy provided by law.