California Welfare and Institutions Code 9275 – A public patient representative assigned by the program to an …
A public patient representative assigned by the program to an interdisciplinary team review shall do all of the following:
(a) Conduct a review to confirm that all criteria are met for an interdisciplinary team to convene for a resident and for the assignment of a patient representative by the program, as required by § 1418.8 of the Health and Safety Code, including reviewing a copy of all written notices from the facility to the resident regarding the physician’s determination that the resident lacks the ability to provide informed consent, and the facility’s determination that there is no surrogate decisionmaker.
(b) Meet and, if possible, interview the resident prior to an interdisciplinary team meeting for initial review of a proposed treatment intervention or quarterly review of that intervention, or upon a change of condition in the resident necessitating a change in the proposed intervention.
(c) Review the medical and clinical records of the resident.
(d) Review relevant policies and procedures of the facility.
(e) Participate in the interdisciplinary team review of the proposed intervention, considering the factors required by § 1418.8 of the Health and Safety Code, including the risks and benefits of the proposed intervention, and any alternatives, and consider whether the proposed intervention is either consistent with the resident’s preferences or best approximation of preferences, if known, or otherwise whether the proposed intervention appears consistent with the best interests of the resident.
(f) Articulate the resident’s preferences, if known, or best approximation of preferences.
(g) Identify and report any concerns regarding abuse and neglect of the resident to the Office of the Long-Term Care Ombudsman, the State Department of Public Health, and other appropriate organizations or agencies.
(h) Refer a resident who seeks judicial review pursuant to § 1418.8 of the Health and Safety Code to appropriate legal services identified by the program. Public patient representatives and the program shall not provide legal representation or advice to residents.
(Added by Stats. 2021, Ch. 85, Sec. 21. (AB 135) Effective July 16, 2021.)