(a) Except as provided in subdivision (b), if a resident is notified in writing of a facility-initiated transfer or discharge from a long-term health care facility, the facility shall also send a copy of the notice to the local long-term care ombudsman at the same time notice is provided to the resident or the resident’s representative.

(b) If a resident is subject to a facility-initiated transfer to a general acute care hospital on an emergency basis, the facility shall provide a copy of the notice to the ombudsman as soon as practicable.

(c) The copy of the notice shall be sent by fax machine or email, as may be directed by the local long-term care ombudsman, unless the facility does not have fax or email capability, in which case the copy of the notice shall be sent by first-class mail, postage prepaid. A facility’s failure to timely send a copy of the notice shall constitute a class B violation, as defined in subdivision (e) of Section 1424.

(d) For the purposes of this section, a “facility-initiated transfer or discharge” is a transfer or discharge that is initiated by the facility and not by the resident, whether or not the resident agrees to the facility’s decision.

(e) Within 48 hours of giving the written notice of a facility-initiated transfer or discharge, the facility shall provide to the resident and, if applicable, the resident’s representative a copy of both of the following:

(1) The evaluation of the resident’s discharge needs and discharge plan as required by federal law and regulations or the most current discharge care plan.

(2) In the case of the transfer or discharge being necessary for the resident’s welfare because the resident’s needs cannot be met in the facility, all of the following information if the following information is not included in the most current discharge care plan:

(A) A written description of the specific resident’s needs that cannot be met.

(B) Facility attempts to meet the resident’s needs.

(C) The services available at the receiving facility that meet the resident’s needs.

(f) Prior to the proposed transfer or discharge date, the facility shall provide to the resident and, if applicable, the resident’s representative a copy of the resident’s discharge summary.

(g) Any documents provided to the resident and, if applicable, the resident’s representative pursuant to this section shall be at no cost to the resident and, if applicable, the resident’s representative.

(h) The documents described in subdivisions (e) and (f) do not have to be provided to the resident and, if applicable, the resident’s representative if the resident or the resident’s representative request that the documents not be provided or if no discharge is proposed.

(i) If a transfer or discharge appeal hearing is requested by the resident or, if applicable, the resident’s representative, the facility shall provide to the resident or the resident’s representative the opportunity to examine, at a reasonable time before the date of the hearing, absent exigent circumstances, and during the hearing, all documents and records to be used by the facility at the hearing. The resident or, if applicable, the resident’s representative shall provide to the facility the opportunity to examine, at a reasonable time before the date of the hearing, absent exigent circumstances, and during the hearing, all documents and records to be used by the resident or, if applicable, the resident’s representative at the hearing.

(j) The provisions of this section are intended to be consistent with federal law and regulations.

(Amended by Stats. 2023, Ch. 835, Sec. 1. (AB 1309) Effective January 1, 2024.)