Scott D. Wiener
- District 11
Existing law provides for the licensure and regulation by the State Department of Public Health of health facilities, including skilled nursing facilities and intermediate care facilities. A violation of these provisions is a crime. Existing law, the Long-Term Care, Health, Safety, and Security Act of 1973, imposes various requirements on long-term health care facilities, as defined, and prescribes the civil penalties assessed for a violation of those requirements. Existing law, the California Residential Care Facilities for the Elderly Act, provides for the licensure and regulation of residential care facilities for the elderly by the State Department of Social Services. Under existing law, a person who violates the act, or who willfully or repeatedly violates any rule or regulation adopted under the act, is guilty of a misdemeanor. Existing law also provides for civil penalties for a violation of the act. Existing law, the California Fair Employment and Housing Act, makes it unlawful to discriminate against any person in any housing accommodation on the basis of, among others, sex, gender, gender identity, gender expression, or sexual orientation. This bill would enact the Lesbian, Gay, Bisexual, and Transgender Long-Term Care Facility Residents' Bill of Rights. Among other things, the bill would make it unlawful, except as specified, for any long-term care facility to take specified actions wholly or partially on the basis of a person's actual or perceived sexual orientation, gender identity, gender expression, or human immunodeficiency virus (HIV) status, including, among others, willfully and repeatedly failing to use a resident's preferred name or pronouns after being clearly informed of the preferred name or pronouns, or denying admission to a long-term care facility, transferring or refusing to transfer a resident within a facility or to another facility, or discharging or evicting a resident from a facility. The bill would also provide certain protections to all residents of long-term care facilities during, among other things, physical examinations or treatments, relating to bodily privacy. The bill would define long-term care facility for purposes of these provisions to include skilled nursing facilities, intermediate care facilities, and residential care facilities for the elderly. The bill would also, among other things, require each facility to post a specified notice regarding discrimination alongside its current nondiscrimination policy in all places and on all materials where the nondiscrimination policy is posted. The bill would require a violation of these provisions to be treated as a violation under the Long-Term Care, Health, Safety, and Security Act of 1973, the California Residential Care Facilities for the Elderly Act, or specified provisions providing for the licensure and regulation of health facilities, which may include the imposition of civil penalties. By expanding the definition of existing crimes, the 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.
Chaptered by Secretary of State. Chapter 483, Statutes of 2017.
Approved by the Governor.
Enrolled and presented to the Governor at 4 p.m.
Assembly amendments concurred in. (Ayes 27. Noes 12. Page 2838.) Ordered to engrossing and enrolling.
In Senate. Concurrence in Assembly amendments pending.
Read third time. Passed. (Ayes 55. Noes 19. Page 3203.) Ordered to the Senate.
Ordered to third reading.
Read third time and amended.
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 11. Noes 5.) (September 1).
August 23 set for first hearing. Placed on APPR. suspense file.
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (July 11).
From committee: Do pass as amended and re-refer to Com. on JUD. (Ayes 5. Noes 0.) (June 20).
In Assembly. Read first time. Held at Desk.
Read third time. Passed. (Ayes 26. Noes 12. Page 1315.) Ordered to the Assembly.
Published May 26 at 10 a.m.
Read second time and amended. Ordered to third reading.
From committee: Do pass as amended. (Ayes 5. Noes 2. Page 1179.) (May 25).
Set for hearing May 25.
May 15 hearing: Placed on APPR. suspense file.
Set for hearing May 15.
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 2. Page 851.) (April 25).
Set for hearing April 25.
April 18 hearing postponed by committee.
Set for hearing April 18.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on HUMAN S.
Set for hearing March 28.
From printer. May be acted upon on or after March 4.
Introduced. Read first time. To Com. on RLS. for assignment. To print.
|Bill Text Versions||Format|
|02/01/17 - Introduced|
|03/21/17 - Amended Senate|
|04/06/17 - Amended Senate|
|05/03/17 - Amended Senate|
|05/26/17 - Amended Senate|
|06/22/17 - Amended Assembly|
|07/05/17 - Amended Assembly|
|07/12/17 - Amended Assembly|
|08/21/17 - Amended Assembly|
|09/08/17 - Amended Assembly|
|09/15/17 - Enrolled|
|10/04/17 - Chaptered|
|No related documents.|
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