New California Nursing Home Law Takes Effect

Nursing homes in San Bernardino County and throughout Southern California must comply with state and federal laws concerning resident care. Those laws require nursing homes to provide a particular level of care based on the resident’s needs, to comply with residents’ rights, and to ensure a certain level of safety at the facility. In recent years, questions and concerns about transparency in nursing homes have become particularly important as residents have experienced injuries due to nursing home abuse and neglect, have been transferred unlawfully to hospice facilities, and have been evicted for inexplicable reasons. 

As of January 1, 2024, a new law is in effect that requires nursing homes to provide detailed information to residents upon eviction. Our San Bernardino County nursing home abuse and neglect lawyers can tell you more.

Risk of Forcible Discharge or Eviction at California Nursing Homes

According to a recent report in Cal Matters, of the state’s approximate 450,000 nursing home population, the “threat of eviction is one of the biggest problems facing California’s nursing home residents.” Indeed, often, when residents are discharged or evicted, they are not even provided with information about the reason. When nursing home residents are forcibly discharged, they can face significant harm resulting from a forcible discharge if they do not have a home to return to.

Now, with a new law taking effect, “nursing homes are required to offer residents copies of any information that explains why they’re being evicted.” According to the report, nursing homes must now provide the resident’s discharge plan, date of discharge, and details about any witnesses who observed the reasons for the discharge. Sometimes, a resident has not engaged in any type of behavior that would result in a discharge, but rather, the nursing home cannot provide for the resident’s needs any longer. If that is the case, the nursing home must clarify and provide information.

Ability to Appeal a Forcible Discharge or Eviction

Many residents in California nursing homes do not know that they have the right to appeal a discharge, but they do. Once residents who have been forcibly discharged receive the information discussed above from the facility, they may be better equipped to appeal since they will be able to cite the nursing home’s reasoning. 

While the bill (AB 1309) was a partisan bill, it had “no registered opposition” and passed easily. The language of the bill states clearly that it requires “notice to the resident to include specific facts to permit determination of the date, place, witnesses, and circumstances concerning the reason for the transfer or discharge.” This language amends Section 1599.78 of the Health and Safety Code, and the law continues to require that residents be provided with reasonable notice, in writing, of a discharge.

Contact a San Bernardino Nursing Home Abuse and Neglect Lawyer

It is important to know that your elderly loved one is safe and that they are being properly cared for in any nursing home in San Bernardino County or elsewhere in Southern California. Nursing home residents can suffer harm under many different circumstances at facilities, from intentional physical abuse to forcible discharges. If you have questions or need help, you should get in touch with an experienced San Bernardino nursing home negligence lawyer. Contact the Walton Law Firm today for assistance.

See Related Blog Posts:

Leading Causes of Nursing Home Injuries in Los Angeles County

Burn Injuries in San Bernardino County Nursing Homes


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