Plain English Breakdown
The official source does not specify the exact conditions under which exceptions to the 30-day notice rule apply.
AB-2135: New Rules for Long-Term Health Care Facility Transfers and Penalties
This law requires long-term health care facilities to give residents at least 30 days' notice before moving or discharging them, provides notices in accessible formats if needed, and increases penalties for non-compliance.
What This Bill Does
- Requires facilities to provide written notice of a facility-initiated transfer or discharge at least 30 days in advance unless an exception applies.
- Mandates that residents or their representatives sign the notice to acknowledge receipt.
- Requires notices to be provided in translated languages or accessible formats for those with vision impairments if needed, and makes these available to ombudsmen upon request.
- Updates rules so emergency transfer notices must reach the local long-term care ombudsman within 24 hours of the event.
- Increases daily fines from $750 to $1,000 for failing to comply with hearing decisions and raises maximum penalties to $100,000 per decision.
- Allows the State Department of Public Health to stop a facility from admitting new residents until it follows court orders or achieves compliance.
Who It Names or Affects
- Residents living in long-term health care facilities
- Long-term health care facility operators and staff
- The State Department of Public Health
- Local long-term care ombudsmen
Terms To Know
- Ombudsman
- An official who acts as an advocate for residents in health care facilities.
- Class B violation
- A specific category of rule-breaking that carries penalties under state law, applied to violations of this bill's notice requirements.
- Perjury
- The crime of lying while giving sworn testimony or making a false statement under oath; expanded here for translators who falsely attest to translation accuracy.
Limits and Unknowns
- The bill does not list the specific exceptions that allow for less than 30 days' notice.
- The text states no state reimbursement is required but only mentions it is 'for a specified reason' without detailing what that reason is.