SENIOR ASSEMBLY PROPOSAL NO. 17

INTRODUCED BY SENIOR ASSEMBLY MEMBER L.YOUNG

(COAUTHORS: SENIOR ASSEMBLY MEMBERS TUCKER AND WIECK)

(COAUTHORS: SENIOR SENATORS FROMM, B.YOUNG AND WOODS)

LEGISLATIVE COUNSEL'S DIGEST

AP 17: SKILLED NURSING FACILITIES: END-OF-LIFE PRIVACY.

EXISTING LAW DEFINES A “SKILLED NURSING FACILITY” AS A HEALTH FACILITY THAT PROVIDES SKILLED NURSING CARE AND SUPPORTIVE CARE TO PATIENTS WHOSE PRIMARY NEED IS THE AVAILABILITY OF THAT CARE ON AN EXTENDED BASIS. EXISTING LAW IMPOSES SPECIFIED REQUIREMENTS UPON SKILLED NURSING FACILITIES WITH REGARD TO, AMONG OTHER THINGS, ITS PATIENTS, STAFFING RATIOS, AND THE MEDICAL SERVICES PROVIDED BY THOSE FACILITIES.

THIS MEASURE WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION THAT WOULD REQUIRE THE ADMINISTRATORS OF SKILLED NURSING FACILITIES IN THE STATE TO WORK WITH A RESIDENT WHO HAS BEEN DIAGNOSED AS HAVING LESS THAN 5 DAYS TO LIVE, OR WITH THE RESIDENT’S FAMILY, TO PROVIDE SUFFICIENT PRIVACY FOR THE DYING RESIDENT SO THAT THE FAMILY OR CLERGY OR BOTH MAY BE WITH THE RESIDENT AND HELP PROVIDE A DIGNIFIED DEATH AND THE GIVING OF LAST RITES.

VOTE: MAJORITY.

AP 17: RELATING TO THE CALIFORNIA ELDER ECONOMIC SECURITY STANDARD INDEX

WHEREAS, IN MANY CASES, A RESIDENT OF A SKILLED NURSING FACILITY WHO HAS BEEN DIAGNOSED AS TERMINAL AND FOR WHOM DEATH IS IMMINENT IS REQUIRED TO REMAIN IN THE SAME ROOM AS A RESIDENT WHO MAY BE RECOVERING FROM AN ILLNESS; AND

WHEREAS, THE RECOVERING RESIDENT IS THEN LEFT WITH NO CHOICE BUT TO WATCH THE TERMINAL RESIDENT, POSSIBLY A FRIEND, DIE, WHILE THE TERMINAL RESIDENT IS NOT ALLOWED TO DIE WITH DIGNITY; AND

WHEREAS, IN MOST CASES, TWO RESIDENTS SHARING ONE ROOM HAVE BONDED AND DEVELOPED A FRIENDSHIP, THEREBY CAUSING EXTREME TRAUMA TO BOTH AS THE DYING PROCESS ACCELERATES FOR THE TERMINAL RESIDENT; AND

WHEREAS, A RESIDENT OF A SKILLED NURSING FACILITY SHOULD BE PROVIDED WITH A PRIVATE ROOM WHERE FAMILY AND CLERGY MAY TEND TO THAT RESIDENT’S LAST RITES IN PRIVATE, AND THE RECOVERING RESIDENT WOULD NOT BE FORCED TO WITNESS THE DEATH; NOW, THEREFORE, BE IT

RESOLVED, BY THE SENIOR ASSEMBLY AND THE SENIOR SENATE, JOINTLY, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA AT ITS 2008 REGULAR SESSION, A MAJORITY OF THE MEMBERS VOTING THEREFOR, HEREBY PROPOSES THAT THE ADMINISTRATORS OF SKILLED NURSING FACILITIES IN THE STATE
OF CALIFORNIA SHALL BE REQUIRED TO WORK WITH A RESIDENT WHO HAS BEEN DIAGNOSED AS HAVING LESS THAN FIVE DAYS TO LIVE, OR WITH THE RESIDENT’S FAMILY, TO PROVIDE SUFFICIENT PRIVACY FOR THE DYING RESIDENT SO THAT THE FAMILY OR CLERGY OR BOTH MAY BE WITH THE RESIDENT AND HELP PROVIDE
A DIGNIFIED DEATH AND THE GIVING OF LAST RITES AND, TO THIS END, THAT THE PATIENT MAY BE MOVED TO A PRIVATE ROOM, IF AVAILABLE, OR THAT ANY PERSON SHARING THE ROOM MAY BE RELOCATED AND THE RESULTING VACANCY LEFT UNFILLED; AND BE IT FURTHER

RESOLVED, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA RESPECTFULLY MEMORIALIZES THE LEGISLATURE AND THE GOVERNOR OF THE STATE OF CALIFORNIA TO ENACT APPROPRIATE LEGISLATION THAT WOULD ADDRESS THE CONCERNS SET FORTH IN THIS MEASURE; AND BE IT FURTHER

RESOLVED, THAT A COPY OF THIS MEASURE BE TRANSMITTED TO THE SPEAKER OF THE ASSEMBLY, THE PRESIDENT PRO TEMPORE OF THE SENATE, THE CHAIRS OF THE ASSEMBLY COMMITTEE ON AGING AND LONG-TERM CARE, ASSEMBLY COMMITTEE ON HEALTH, ASSEMBLY COMMITTEE ON HUMAN SERVICES, THE SENATE SUBCOMMITTEE ON AGING AND LONG-TERM CARE, THE SENATE COMMITTEE ON HUMAN SERVICE, AND THE GOVERNOR OF THE
STATE OF CALIFORNIA.

RN 08 21984

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