CHAPTER
2.47. Resident Access Protection Act
1439.70.
For the purposes of this chapter, the following definitions shall apply:(a) “Compassionate care visit” means an in-person, onsite social interaction for a resident whose health has sharply declined, is experiencing a significant change in condition, or is otherwise suffering. This includes, but is not limited to, end of life or hospice care, a cessation of eating or drinking or significant weight loss, transition to a new care setting, grief, an emergency as defined in paragraph (1) of subdivision (a) of Section 1418.8, or a significant or rapid decline in mental or emotional health.
(b) “Health care and social services
provider” means an individual who is not a staff or visitor but provides health care or social support to a resident. This includes, but is not limited to, a health care worker, hospice provider, paid caregiver, personal care assistant, care manager, dentist, social worker, case manager, financial planner, conservator, and spiritual care provider.
(c) “Long-term care facility” means any of the facilities listed in Sections 1418 or paragraph (1) of subdivision (a) of Section 1502 of this code and subdivision (b) of Section 9701 of the Welfare and Institutions Code, unless excluded by any of those provisions. “Long-term care facility”
does not include facilities operated by the Department of Corrections and Rehabilitation.
(d) “Public health emergency” means a public health-related condition that results in the declaration of a state of emergency or local emergency, as defined in Section 8558 of the Government Code, or the declaration of a health emergency or local health emergency, as described in Section 101080, and that triggers a state or local government order to restrict the visitation rights of residents in a long-term care facility. A public health-related condition may include, but is not limited to, a natural disaster, an outbreak of an infectious disease, or a bioterrorist attack, if within the scope of Section 101080 of this code or Section 8558 of the Government Code.
(e) “Resident”
means a resident or patient of a long-term care facility.
facility, except a person who is either incarcerated within an institution under the jurisdiction of the Department of Corrections and Rehabilitation or who the Department of Corrections and Rehabilitation has placed in a long-term care facility.
(f) “Resident representative” means an individual who has authority to act on behalf of the resident, including, but not limited to, a conservator, guardian, person authorized as agent in the resident’s advance health care directive, the resident’s spouse,
registered domestic partner, or family member, a person designated by the resident to act as a representative, or other surrogate decisionmaker designated in accordance with statutory and case law.
(g) “Staff” means an individual employed by, or contracted directly with, the long-term care facility and who provides care to residents.
(h) “Visitor” means an individual who visits with a resident with the consent of the resident or resident representative.
1439.71.
Subject to Section 1439.72, the following shall apply:(a) (1) Each resident of a long-term care facility shall have the right to in-person, onsite access to visitors and health care and social services providers during any public health emergency in which visitation rights of residents are curtailed by a state or local order.
(2) At the discretion of the resident or their representative, a
visitor and health care and social services providers shall have the right to enter the resident’s dwelling and provide private support or care. The long-term care facility may limit the access of a visitor or health care and social services provider within the long-term care facility to the resident and to the areas in which the resident resides or receives care, consistent with the state or local order.
(3) A long-term care facility shall allow a resident to have their
visitor and health care and social services provider be physically present, consistent with the same hours of visitation required when there is no public health emergency.
(b) During a public health emergency, a resident of a long-term care facility shall have the right to leave the facility on outings subject to a state or local government order prescribing the safety protocols governing their outing and return. These safety protocols shall not exceed what is required of staff.
1439.72.
(a) A long-term care facility may require visitors and health care and social services providers to adhere to safety protocols not greater than required of facility staff during a public health emergency for the duration of their visit. The long-term care facility shall provide personal protective equipment and testing resources to each visitor, to the extent that those resources have been made readily available to the long-term care facility by state or local entities for this purpose. The provision of personal protective equipment and testing resources to visitors is not intended to inhibit access to emergency supplies for staff. Visitors may use their own supplies so long as they meet or exceed the minimum standards set
forth by state or local order.(b) (1) A long-term care facility shall provide safety protocols required of care staff, visitors, and health and social services providers during a public health emergency to the residents, resident representatives, and visitors in writing.
(2) (A) The facility shall provide the required safety protocols in the individual’s primary or preferred language, if made available to the facility by state or local entities. Changes in safety protocols shall be communicated, as soon as practically possible, to the residents, resident representatives, and visitors in writing in the individual’s primary or preferred language, if made available to the facility by state or local entities.
(B) If the individual is hearing impaired or vision impaired, the long-term care facility shall provide the required protocols in an accessible format, if made available to the facility by state or local entities.
(c) A long-term care facility shall not require visitors and health care and social services providers to adhere to safety protocols that have not been communicated as set forth in this section. This does not preclude a long-term care facility from informing a visitor upon their arrival of updated protocols or recent changes in protocols that impact their role as a visitor.
1439.73.(a)A state or local government order may supersede this chapter during a declared state of emergency, local emergency, health emergency, or local health emergency, as described in Section 1439.70, to limit the number of visitors or health care and social services providers who may simultaneously visit a resident, except for compassionate care visits, or require visitors or health care and social services providers to follow the same safety protocols required of facility staff. A state or local government order may state the terms by which visitors or health care and social services providers can demonstrate their proficiency to follow the same safety protocols required of staff. This chapter may not otherwise be suspended,
superseded, or modified.
(b)This section shall not be interpreted to allow visitors to enter a long-term health facility during an evacuation, or in the event there are first responders onsite who are refusing entry to the facility.
1439.73.
(a) A state or local government order may deny resident access to visitors and health care and social services providers during a public health emergency for up to seven days. The denial may be extended up to an additional seven days if the board of supervisors or city council, whichever is applicable to the jurisdiction, or state department approves the denial of access for that additional period.(b) A state or local government order may supersede this chapter during a declared state of emergency, local emergency, health emergency, or local health emergency, as described in Section 1439.70, to limit the number of visitors or health care and social services providers who may simultaneously visit a resident, except for compassionate care
visits, or require visitors or health care and social services providers to follow the same safety protocols required of facility staff. A state or local government order may state the terms by which visitors or health care and social services providers can demonstrate their proficiency to follow the same safety protocols required of staff. This chapter may not otherwise be suspended, superseded, or modified.
(c) Notwithstanding subdivision (b), this chapter does not prohibit the Governor from exercising the powers granted to the Governor under the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code). However, before issuing an order that restricts in-person visitation to a greater extent than otherwise permitted under this chapter, the Governor shall make a finding that the specific restrictions are necessary to protect the public health and stating why the public health
cannot be protected through less restrictive means. For purposes of this chapter, this authority shall not be delegated, including to department directors or agency secretaries.
1439.74.
(a) A violation of this chapter shall be treated as a violation under Chapter 2 (commencing with Section 1250), Chapter 2.4 (commencing with Section 1417), or Chapter 3.2 (commencing with Section 1569). For purposes of civil penalties, a violation of this chapter shall constitute a class “B” violation as defined in subdivision (e) of Section 1424 for long-term health care facilities, or shall be subject to a civil penalty as described in subdivision (a) of Section 1569.49 for residential care facilities for the elderly.(b) This chapter does not supersede or otherwise limit the statutory, regulatory, or other legal authority of government surveyors and
inspectors, the long-term care ombudsman, patient advocates, law enforcement officials, and other officials to access long-term care facilities or residents in accordance with state or federal law, including Section 9718.5 of the Welfare and Institutions Code.