Legislative Advocacy
Family Council Laws and Proposed Legislation from Six States.
California Family Council Law
Illinois Family Council Rule
Maryland Family Council Law
Massachusetts Family Council Law
Minnesota Family Council Provisions
New York Family Council Bill
CALIFORNIA
Co-sponsored by California Advocates for Nursing Home Reform (CANHR), stronger California family council legislation became effective January 1, 2000. This law adds significant new rights for family councils in California nursing homes and new obligations for facilities with regard to family councils. See the provisions of the law on CANHR's website.
ILLINOIS
After almost three years, the Illinois Department of Public Health has adopted a rule that Illinois Citizens for Better Care (ICBC) proposed requiring all licensed nursing homes - including those that care for developmentally disabled persons and for children - to distribute information about the family council, prepared by the council or the ombudsman, to all current and prospective residents, their family members and representatives. ICBC anticipates this requirement overcoming what has been one of the greatest obstacles in IL to organizing and maintaining a family council: the inability of interested family members to find each other, and to tell prospective new members about an existing council. Read the Rule, incorporated into the Administrative Code. For more information, contact Wendy Meltzer, Illinois Citizens for Better Care: icbc@core.com, or visit ICBC's website: www.illinoiscares.org.
MARYLAND
In their first legislative action as a citizen advocacy group, Voices for Quality Care wrote and successfully ushered through the Maryland House and Senate a family council bill during the 2004 legislative session. The bill was signed by the Governor and will take effect in October 2004. The legislation was based on a family council bill passed by the Montgomery County Council in Maryland in 2002. Highlights of the bill include provisions that require facilities to: respond in writing to written grievances or other written communication from a family council within 10 days and that each new or prospective resident receive the name and contact information for a family council member and a description of the purpose and function of the family council. Congratulations to Voices for Quality Care on their first legislative victory. You can access the legislation at: http://mlis.state.md.us/2004rs/billfile/hb0484.htm.
MASSACHUSETTS
Massachusetts Advocates for Nursing Home Reform (MANHR) authored House Bill No.4577, a bill to "Encourage and Maintain Family Councils in Nursing Homes". The bill was included in the state budget proposal and signed into law by the governor. The bill is modeled after California Health & Safety Code § 1418.4 which was co-sponsored by California Advocates for Nursing Home Reform (CAHNR) and became effective January 1, 2000. You can access a copy of the Massachusetts legislation at www.manhr.org
MINNESOTA In 2004 the Elder Care Rights Alliance in Minnesota successfully promoted some new provisions in state law that require state surveyors to include family councils in the survey process. The provisions, which are now state law, state that “Nursing facility family councils shall be interviewed as part of the survey process and invited to participate in the exit conference.” This recognition of a formal, required role in the survey process for family councils (when there is one) will strengthen the councils’ ability to identify problems and promote improvements.”
NEW YORK
A family council bill in New York State , bill number A.00793 was passed and signed into law by the Governor. The law prohibits nursing homes from interfering with family councils and specifies ways in which they must support family councils, including making bulletin board space available; notifying relatives of newly admitted residents about the family council; mailing meeting and contact information, at least quarterly; and responding in writing, within a fixed time frame, to council requests and concerns. In addition, the law recognizes the right of a family council to meet privately, to invite outsiders and to meet at least monthly. For more information about the NY family council law, visit www.fria.org.
|
