SECTIONS 9720-9726.1 - California Statutes

WELFARE AND INSTITUTIONS CODE

SECTION 9720-9726.1

9720. (a) The office shall investigate and seek to resolve
complaints and concerns communicated by, or on behalf of, patients,
residents, or clients of any long-term care facility. This
requirement shall not preclude the referral of other individuals'
complaints and concerns that a representative becomes aware are
occurring in the facility to the appropriate governmental agency.
Complaint investigation shall be done in an objective manner to
ascertain the pertinent facts.
(b) At the conclusion of any investigation of a complaint, the
findings shall be reported to the complainant. If the office does not
investigate a complaint, the complainant shall be notified in
writing of the decision not to investigate and the reasons for the
decision.

9720.5. The office shall give priority to investigations and
complaint resolutions in 24-hour long-term care facilities.

9721. (a) The office may refer any complaint to any appropriate
state or local government agency. The following state licensing
authorities shall give priority to any complaint referred to them by
the office, except that any complaint alleging an immediate threat to
resident health and safety may be given first priority:
(1) Licensing and Certification Division of the State Department
of Health Services.
(2) Community Care Licensing Division of the State Department of
Social Services.
(3) Board of Examiners for Nursing Home Administrators.
(4) Board of Registered Nurses.
(5) Medical Board of California.
(6) Board of Pharmacy.
(7) Board of Vocational Nurse and Psychiatric Technician
Examiners.
(b) Any licensing authority that responds to a complaint against a
long-term care facility that was referred to the authority by the
office shall forward to the office copies of related inspection
reports and plans of correction and notify the office of any
citations and civil penalties levied against the long-term care
facility.

9722. (a) Representatives of the office shall have the right of
entry to long-term care facilities for the purpose of hearing,
investigating, and resolving complaints by, or on behalf of, and
rendering advice to, elderly individuals who are patients or
residents of the facilities at any time deemed necessary and
reasonable by the State Ombudsman to effectively carry out this
chapter.
(b) Nothing in this chapter shall be construed to restrict, limit,
or increase any existing right of any organizations or individuals
not described in subdivision (a) to enter, or provide assistance to
patients or residents of, long-term care facilities.
(c) Nothing in this chapter shall restrict any right or privilege
of any patient or resident of a long-term care facility to receive
visitors of his or her choice.

9723. The State Ombudsman shall have access to any record of a
state or local government agency that is necessary to carry out his
or her responsibilities under this chapter, including any record
rendered confidential under Section 1094 of the Unemployment
Insurance Code or Section 10850.

9724. Notwithstanding Section 56 of the Civil Code, in order for
the office to carry out its responsibilities under this chapter, the
office shall have access to the medical or personal records of a
patient or resident of a long-term care facility that are retained by
the facility, under the following conditions:
(a) If the patient or resident has the ability to write, access
may only be obtained by the written consent of the patient or
resident.
(b) If the patient or resident is unable to write, oral consent
may be given in the presence of a third party as witness.
(c) If the patient or resident is under a California guardianship
or conservatorship of the person that provides the guardian or
conservator with the authority to approve review of records, the
office shall obtain the permission of the guardian or conservator for
review of the records, unless any of the following apply:
(1) The existence of the guardianship or conservatorship is
unknown to the office or the facility.
(2) The guardian or conservator cannot be reached within three
working days.
(3) The office has reason to believe the guardian or conservator
is not acting in the best interests of the ward or the conservatee.
(d) If the patient or resident is unable to express written or
oral consent and there is no guardian or conservator, or the
notification of the guardian or conservator is not applicable for
reasons set forth in subdivision (c), inspection of records may be
made by full-time state employees of the office ombudsman
coordinator, and by ombudsmen qualified by medical training and with
the approval of the ombudsman coordinator or the State Ombudsman,
when there is sufficient cause for the inspection. The licensee may,
at his or her discretion, permit other representatives of the office
to inspect records in the performance of their official duties.
Copies may be reproduced by the office. The licensee and facility
personnel who disclose records pursuant to this subdivision shall not
be liable for the disclosure. If investigation of records is sought
pursuant to this subdivision, the ombudsman shall, upon request,
produce a statement signed by the ombudsman coordinator authorizing
the ombudsman to review the records.
(e) Facilities providing copies of records pursuant to this
section may charge the actual copying cost for each page copied.
(f) Upon request by the office, a long-term care facility shall
provide to the office the name, address, and telephone number of the
conservator, legal representative, or next-of-kin of any patient or
resident.

9725. All records and files of the office relating to any complaint
or investigation made pursuant to this chapter and the identities of
complainants, witnesses, patients, or residents shall remain
confidential, unless disclosure is authorized by the patient or
resident or his or her conservator of the person or legal
representative, required by court order, or release of the
information is to a law enforcement agency, public protective service
agency, licensing or certification agency in a manner consistent
with federal laws and regulations.

9726. (a) The office shall establish a toll-free telephone hotline,
in Sacramento, to receive telephone calls concerning any crises
discovered by any person in a long-term care facility, as defined in
subdivision (b) of Section 9701. The telephone hotline established
under this section shall be operated to include at least all of the
following:
(1) The telephone hotline shall be available 24 hours a day, seven
days a week.
(2) The operator shall respond to a crisis call by contacting the
appropriate office, agency, or individual in the local community in
which the crisis occurred.
(3) The toll-free hotline telephone number shall be posted
conspicuously in either the facility foyer, lobby, residents'
activity room, or other conspicuous location easily accessible to
residents in each licensed facility by the licensee. The office shall
issue, in conjunction with the State Department of Social Services
and the State Department of Health Services, guidelines concerning
the posting of the toll-free number. The posting shall, at a minimum,
include the purpose of the hotline number.
(b) The office shall respond to hotline telephone calls.
(c) The toll-free telephone hotline shall be staffed in a manner
consistent with available resources in the department. The department
may contract for the services of individuals to staff the telephone
hotline. The department shall seek to provide opportunities for older
individuals to be employed to staff the hotline. The State
Department of Health Services and the State Department of Social
Services, and other appropriate departments, shall make available to
the department and the office training and technical assistance as
needed.

9726.1. The office may do any or all of the following:
(a) Advise the public of any inspection report, statements of
deficiency, and plans of correction, for any long-term health care
facilities within its service area.
(b) Promote visitation programs to long-term health care
facilities within its service area.
(c) Establish and assist in the development of resident, family,
and friends' councils.
(d) Sponsor other community involvement in long-term health care
facilities.
(e) Present community education and training programs, to
long-term health care facilities, human service workers, families,
and the general public, about long-term care and residents' rights
issues.
(f) Those programs created under this section that are held in a
facility shall be developed in consultation with the facility. If the
facility and the ombudsman cannot agree on these programs, the State
Ombudsman may assist in resolving the dispute.