§ 23-17.5-30 - Family councils.
SECTION 23-17.5-30
§ 23-17.5-30 Family councils. – (a) For the purposes of this section "family council" means an organized groupof the family members, friends or representatives of facility residents who maymeet in private without the presence of facility staff.
(b) The role of the family council shall be to address issuesaffecting residents generally at the facility, not to pursue individualgrievances. The family council shall not be entitled to obtain informationabout individual residents or staff members, or any other information deemedconfidential under state or federal law.
(c) No licensed nursing facility may prohibit the formationof a family council. When requested by a member of a resident's family or aresident's representative, a family council shall be allowed to meet in acommon meeting room of the nursing facility at least once a month duringmutually agreed upon hours.
(d) Upon the admission of a resident, the nursing facilityshall inform the resident and the resident's family members, in writing, oftheir right to form a family council, or if a family council already exists, ofthe date, time and location of scheduled meetings.
(e) The nursing facility administration shall notify thestate long-term care ombudsman of the existence or planned formation of afamily council at that facility.
(f) The family council may exclude members only for goodcause, subject to appeal by the excluded party to the state long-term careombudsman. No member shall be excluded on the basis of race or color, religion,gender, sexual orientation, disability, age or country of ancestral origin.
(g) A facility shall provide its family council with adequatespace in a prominent posting area for the display of information pertaining tothe family council.
(h) Staff or visitors may attend family council meetings atthe council's invitation.
(i) The nursing facility shall provide a designated staffperson who, at the request of the council, shall be responsible for providingassistance to the family council and for responding to recommendations andrequests made by the family council.
(j) The nursing facility shall consider the recommendationsof the family council concerning issues and policies affecting resident careand life at the nursing facility.
(k) A violation of the provisions of this section willconstitute a violation of the rights of nursing home residents.