Section 2803-Q. Family councils in residential health care facilities

1. As
  used in this section:
    (a)  Family  council means an organization of family members, friends,
  or representatives of two or more residents of a residential health care
  facility, organized to act under this section.
    (b) Facility means the residential health care facility  for  which  a
  family council is formed.
    2. No residential health care facility may prohibit the formation of a
  family council, and, when requested by a member of the resident's family
  or the resident's representative, the family council shall be allowed to
  meet  in  a  common  meeting  room  of  the facility, in private without
  facility staff at least once a month during mutually agreed upon hours.
    3. Facility policies on family councils shall  in  no  way  limit  the
  right  of  residents, family members, and family council members to meet
  independently with outside persons, including members  of  nonprofit  or
  government  organizations  or with facility personnel during non-working
  hours.
    4. Family  councils  shall  also  be  provided  adequate  space  on  a
  prominent  bulletin  board  or  other  posting  area  for the display of
  meeting notices, minutes, newsletters, or other  information  pertaining
  to the operation or interest of the family council.
    5.  Staff  or  visitors  may  attend  family  council meetings, at the
  group's invitation.
    6. The facility shall provide a designated staff person who  shall  be
  responsible  for providing assistance and responding to written requests
  that result from family council meetings.
    7. The facility shall consider the views and act upon  the  grievances
  and  recommendations  of a family council concerning proposed policy and
  operational decisions affecting resident care and life in the facility.
    8. The facility shall  respond  in  writing  to  written  requests  or
  concerns of the family council, within ten working days.
    9.  When a family council exists, the facility shall include notice of
  the family council meetings in at least a quarterly mailing,  and  shall
  inform  family  members  or  representatives  of  new  residents who are
  identified on the admissions agreement, during the  admissions  process,
  or  in  the  resident's records, of the existence of the family council.
  The notice shall include the time, place, and date of meetings, and  the
  person to contact regarding involvement in the family council.
    10.   No  facility  shall  willfully  interfere  with  the  formation,
  maintenance, or promotion of a family council. For the purposes of  this
  subdivision,  willful interference shall include, but not be limited to,
  discrimination or retaliation in any way  against  an  individual  as  a
  result  of  his or her participation in a family council, or the willful
  scheduling of facility events in conflict with  a  previously  scheduled
  family council meeting.
    11.  Violation  of  the  provisions of this section shall constitute a
  violation of the resident's rights pursuant to this chapter.