Cal. Code Regs. Tit. 22, § 87468 - Personal Rights of Residents

(a) Residents in residential care facilities for the elderly shall have personal rights which include, but are not limited to, those listed in Sections 87468.1, Personal Rights of Residents in All Facilities, and 87468.2, Additional Personal Rights of Residents in Privately Operated Facilities, as applicable to the facility.

(1) "Privately operated facility" means a residential care facility for the elderly that is licensed to an individual, firm, partnership, association, or corporation.

(2) "Publicly operated facility" means a residential care facility for the elderly that is licensed to a city, county, or other government entity.

(b) At the time the admission agreement is signed, a resident and the resident's representative shall be personally advised of and given a copy of:

(1) The personal rights of residents specified in Sections 87468.1, Personal Rights of Residents in All Facilities and 87468.2, Additional Personal Rights of Residents in Privately Operated Facilities, as applicable to the facility.

(A) The licensee shall have each resident and the resident's representative sign a copy of these rights, and the signed copy shall be included in the resident's record.

(2) A nondiscrimination notice.

(A) The notice shall read "[Name of facility] does not discriminate and does not permit discrimination, including, but not limited to, bullying, abuse, or harassment, on the basis of actual or perceived sexual orientation, gender identity, gender expression, or HIV status, or based on association with another individual on account of that individual's actual or perceived sexual orientation, gender identity, gender expression, or HIV status. You may file a complaint with the Office of the State Long-Term Care Ombudsman [provide contact information] if you believe that you have experienced this kind of discrimination."

(B) The licensee shall have each resident and the resident's representative sign a copy of this notice, and the signed copy shall be included in the resident's record.

(c) Licensees shall prominently post personal rights, nondiscrimination notice, and complaint information in areas accessible to residents, representatives, and the public.

(1) The personal rights of residents specified in Sections 87468.1, Personal Rights of Residents in All Facilities and 87468.2, Additional Personal Rights of Residents in Privately Operated Facilities shall be posted as applicable to the facility.

(2) Information on the appropriate reporting agency in case of a complaint or emergency, including procedures for filing confidential complaints, shall be posted as follows:

(A) Licensees may use the Residential Care Facility for the Elderly (RCFE) Complaint Poster (PUB 475) or may develop their own poster as provided in this section. A poster developed by the licensee shall contain the same content as the PUB 475. The poster that is posted shall be 20" x 26" in size and be posted in the main entryway of the facility. PUB 475 may be accessed, downloaded, and printed from the www.ccld.ca.gov website.

(d) Licensees shall post the personal rights, nondiscrimination notice, and complaint information specified above in English, and, in any other language in which at least five (5) percent of the residents can only read that other language.

(e) At the request of the Department, and immediately if the request is made during an inspection, a licensee shall provide the Department with a confidential list of residents that includes the language(s) read by each resident, which is to be kept confidential to the extent permitted by law. This list shall be maintained in an accurate and current status at all times.

Notes

Cal. Code Regs. Tit. 22, § 87468

1. Change without regulatory effect renumbering former section 87572 to section 87468, including amendment of NOTE, filed 3-5-2008 pursuant to section 100, title 1, California Code of Regulations2(Register 2008, No. 10).
2. Amendment of section heading, section and NOTE filed 8-24-2018; operative 10-1-2018 (Register 2018, No. 34).

Note: Authority cited: Section 1569.30 and 1569.318, Health and Safety Code. Reference: Sections 1439.51, 1569.1, 1569.265, 1569.267, 1569.269, 1569.31, 1569.312, 1569.33 and 1569.889, Health and Safety Code.

1. Change without regulatory effect renumbering former section 87572 to section 87468, including amendment of Note, filed 3-5-2008 pursuant to section 100, title 1, California Code of Regulations2(Register 2008, No. 10).
2. Amendment of section heading, section and Note filed 8-24-2018; operative 10/1/2018 (Register 2018, No. 34).