BILL NUMBER: AB 1211	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Maienschein

                        FEBRUARY 27, 2015

   An act to amend Section 1569.156 of the Health and Safety Code,
relating to residential care facilities for the elderly.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1211, as introduced, Maienschein. Residential care facilities
for the elderly:
   Existing law provides for the licensure of residential care
facilities for the elderly by the State Department of Social
Services. Existing law requires a residential care facility for the
elderly to take certain actions with respect to advance directives,
including providing written information, upon admission, about the
right to make decisions concerning medical care, including the right
to accept or refuse medical or surgical treatment and the right,
under state law, to formulate advance directives and not conditioning
the provision of care or otherwise discriminating based on whether
or not an individual has executed an advance directive. Existing law
defines advance directive, for this purpose, to include advance
health care directives or some other form of instruction recognized
under state law specifically addressing the provision of health care.
Violation of these provisions is a crime.
   This bill would specifically include in the definition of advance
directive a request regarding resuscitative measures, as defined. By
expanding the definition of a crime, this bill would impose a
state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1569.156 of the Health and Safety Code is
amended to read:
   1569.156.  (a)  A residential care facility for the elderly shall
do all of the following:
   (1)  Not condition the provision of care or otherwise discriminate
based on whether or not an individual has executed an advance
directive, consistent with applicable laws and regulations.
   (2)  Provide education to staff on issues concerning advance
directives.
   (3)  Provide written information, upon admission, about the right
to make decisions concerning medical care, including the right to
accept or refuse medical or surgical treatment and the right, under
state law, to formulate advance directives.
   (4)  Provide written information about policies of the facility
regarding the implementation of the rights described in paragraph
(3).
   (b)  For purposes of this section, "advance directive" means an
"advance health care directive," as defined in Section 4605 of the
Probate Code, or some other form of instruction recognized under
state law specifically addressing the provision of health care  ,
including a request regarding resuscitative measures, as defined in
Section 4780 of the Probate Code  .
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.