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PUB 474: Rights of Resident Councils

By Sevana Care · Checked against cdss.ca.gov and Title 22 on

When it is due
The law sets no date for the posting.HSC § 1569.157(h) says the text "shall be posted in a prominent place at the facility" [2]. The same section has other time limits: a written answer to a council's written concerns within 14 calendar days, and written information on the right to form a council "upon admission" when the home has none [2].
Who fills it out
Nobody.The poster has no blanks [1]. Subdivision (h) does not say who posts it. Subdivision (i) makes "A facility that violates this section" subject to the penalty [2].
Where it is kept
Posted "in a prominent place at the facility accessible to residents, family members, and resident representatives" [2].
How long to keep
The statute gives no period [2].CDSS's list of records an RCFE keeps (LIC 311F, 4/05) does not name PUB 474 [6].

PUB 474 is the California Department of Social Services (CDSS) copy of Health and Safety Code (HSC) § 1569.157, headed "Rights of Resident Councils." It says "This is posted in accordance with Health and Safety Code section 1569.157" [1]. Subdivision (h) of the statute says "The text of this section with the heading 'Rights of Resident Councils' shall be posted in a prominent place at the facility" [2]. The statute names no form. CDSS lists PUB 474 on its forms page [3].

Who fills it out

Nobody fills it out. It is one page of fixed text [1].

Subdivision (h) does not say who posts it [2]. Subdivision (a), on setting up a council, says "Every licensed residential care facility for the elderly, at the request of two or more residents, shall assist the residents in establishing and maintaining a single resident council at the facility" [2].

When it is due

The law sets no date for the posting. Subdivision (h) also sets no condition about whether the home has a council [2].

Other time limits in the section:

  • Written concerns: "If a resident council submits written concerns or recommendations, the facility shall respond in writing regarding any action or inaction taken in response to those concerns or recommendations within 14 calendar days" [2].
  • No council: "upon admission, the facility shall provide written information on the resident's right to form a resident council to the resident and the resident representative, as indicated in the admissions agreement" [2].
  • A council exists: the home "shall inform new residents of the existence of the resident council" and give the time, place and dates of meetings and the resident representative to contact [2]. The statute gives no time limit for this.
  • Licensed capacity of 16 or more, with a council: the home appoints a staff liaison, makes a room available for meetings, and posts meeting information in a central location [2].

Where it is kept

Post it. Subdivision (h): "in a prominent place at the facility accessible to residents, family members, and resident representatives" [2]. The statute sets no size. The PDF page measures 8.5 by 14 inches [1].

Meeting notices are a separate item. For a home of 16 or more with a council, § 1569.157(f)(2) asks for meeting information in a central location [2]. The licensing analyst's entrance checklist has its own line: "Resident and Family Council Meeting Notice (if applicable)" [8]. That line names family councils too. For a family council, HSC § 1569.158(d) says it "shall be provided with adequate space on a prominent bulletin board or other posting area for the display of meeting notices, minutes, information, and newsletters" [10].

How long to keep it. The statute sets no retention period [2]. LIC 311F does not name PUB 474 [6].

What the text says

Subdivisions (a) to (i) of HSC § 1569.157 [2]:

  • (a) The home helps residents set up one council if two or more residents ask. The council "shall be composed of residents of the facility." Others, such as family members, advocates and long-term care ombudsman representatives, "may participate in resident council meetings and activities at the invitation of the resident council."
  • (b) A council "may, among other things, make recommendations to facility administrators."
  • (c) The home answers written concerns in writing within 14 calendar days.
  • (d) Home policies "shall not limit the right of residents to meet independently with outside persons or facility personnel."
  • (e) Each council member is told of "his or her right to be interviewed as part of the regulatory inspection process."
  • (f) The home promotes councils in four ways: information for new residents, a staff liaison and room at 16 or more, written information when there is no council, and the council's contact details to the ombudsman on request, with the council's permission.
  • (g) The home "shall not willfully interfere with the formation, maintenance, or promotion of a resident council."
  • (h) The section's text, with its heading, "shall be posted in a prominent place at the facility accessible to residents, family members, and resident representatives."
  • (i) A violation "shall constitute a violation of resident rights," with "a daily civil penalty of two hundred fifty dollars ($250) until the violation is corrected."

Questions

Does a home with no resident council post it?

The text of subdivision (h) has no exception for a home without a council [2]. Subdivision (f)(3) separately asks that home to give written information on the right to form a council at admission [2].

Does an RCFE have to use PUB 474?

The statute asks for "the text of this section with the heading 'Rights of Resident Councils'" and names no form [2]. The PUB 474 PDF carries that heading and the statute's text [1].

Is the PDF the same as the statute?

Its subdivisions (a) to (i) match the statute as leginfo prints it, word for word, apart from a stray ")" after "(c)" [1][2]. The PDF also adds a title, the "posted in accordance with" line and a footer [1]. HSC § 1569.157 was last amended in 2014, effective January 1, 2015 [2].

What happens if a home does not follow the section?

Subdivision (i): the violation "shall constitute a violation of resident rights," and the facility "shall be subject to a daily civil penalty of two hundred fifty dollars ($250) until the violation is corrected" [2]. The subdivision adds: "A violation shall be deemed to have been corrected on the date the facility submits documentation of the correction to the department if the correction is verified by the department" [2]. CDSS's Provider Information Notice (PIN) 17-11.1-ASC (2017) says the department "will cite licensees for noncompliance" [4].

Do residents have a personal right to a council?

For privately operated homes, § 87468.2(a)(24) lists "To organize and participate in a resident council established according to Health and Safety Code section 1569.157" [5].

Is there a Spanish version?

CDSS lists one, "PUB 474 (12/14)," on its Spanish forms page [7]. The statute says nothing about the language of the posting [2].

How Sevana Care keeps this record

Notices on the wall need someone to look at them now and then. In Sevana Care's inspection checklist, the required postings section has an item to check that resident council rights are posted. You mark it checked, and the row shows who checked it, when, and when the next check is due. We don't write or print the notice. Find the resident council item under Required postings in the sample home.

More in Postings, records and inspections

  • LIC 311F: CDSS's 2005 list of the records an RCFE keeps, and what has changed since then

Sources

  1. CDSS, PUB 474 (12/14), Rights of Resident Councils (PDF)
  2. California Health and Safety Code § 1569.157 (leginfo)
  3. CDSS, Forms and Publications (M-P)
  4. CDSS, PIN 17-11.1-ASC, Resident Association and Resident and Family Councils (PDF)
  5. California Code of Regulations, Title 22, § 87468.2, Additional Personal Rights of Residents In Privately Operated Facilities (Westlaw)
  6. CDSS, LIC 311F (4/05), Records To Be Maintained At The Facility, Residential Care Facility For The Elderly (PDF)
  7. CDSS, Translated Spanish Forms
  8. CDSS, LIC 9242 (9/19), Entrance Checklist Residential Care Facilities For The Elderly (PDF)
  9. CDSS, PIN 19-04-ASC, Update Regarding Personal Rights Forms, Nondiscrimination Notice, and Complaint Poster for Residential Care Facilities for the Elderly (PDF)
  10. California Health and Safety Code § 1569.158 (leginfo)