ALERT: Requirement for Patient Representative Delayed Again

One year ago, CALTCM members received an alert that the Alameda County Superior Court issued a modified judgment in the 2016 CANHR v. Angell case.  That order granted another 12-month extension for the requirement for nursing homes to include a non-facility-affiliated patient representative on the interdisciplinary teams (IDTs) that are making medical decisions that require informed consent for incapacitated unrepresented residents. The extension was due to expire this month.  

Recently, at the request of multiple stakeholders, the Alameda County Superior Court delayed the deadline for implementation by another six months to January 27, 2023. 

The decision allows SNFs to continue to admit and provide care to these vulnerable residents, using the existing IDT process to provide informed consent on behalf of incapacitated, unrepresented residents without a formal patient representative if one cannot be found. The delay was approved to allow the California Department of Aging (CDA) to fully operationalize the new Office of the Long-Term Care Patient Representative (OLTCPR, or OPR for Office of the Patient Representative). The OPR will supply public patient representatives to serve in a fashion similar to the ombudsman program. CALTCM along with multiple other agencies including California Hospital Association (CHA), the California Association of Health Facilities (CAHF), and California Advocates for Nursing Home Reform (CANHR), are working with OLTCPR staff on the development and communication of associated policies and procedures. Specifically, CALTCM leadership including Frank Randolph, Chris Wilson and Karl Steinberg provided input into the policy and procedures and will be working on the training content for public patient representatives.

CALTCM looks forward to continuing our collaborative relationship with Susan Rodrigues, an Assistant Director in the CDA and head of the OLTCPR, and Stella Veraflor-Rundell, who is in charge of training of new patient representatives. For questions about the new program you can email [email protected] or visit their website.  CALTCM is grateful to be part of this important process, and for the additional delay to allow for adequate training of those who will serve in the role of public patient representatives.
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