S.F. No. 36 Summary

• Infection control and COVID-19 response requirements: Establishes comprehensive SARS-CoV-2 infection control programs and response plans for nursing homes, boarding care homes, assisted living facilities, and home care providers, including testing, personal protective equipment, isolation protocols, and visitor policies.

• Electronic monitoring consent: Modifies requirements for resident consent to electronic monitoring in long-term care facilities, including procedures for resident representatives to consent on behalf of residents lacking capacity.

• Consumer protections for assisted living clients: Creates detailed termination procedures requiring pre-termination meetings, written notices, appeal rights through administrative hearings, and coordinated moves for clients in assisted living facilities.

• Private enforcement of rights: Establishes civil causes of action allowing residents and their representatives to sue long-term care providers for violations of certain resident rights, recovering actual damages or $3,000 plus attorney fees.

• Emergency powers and task force: Suspends certain service terminations and discharges during COVID-19 peacetime emergency, establishes cohorting procedures for transferring residents with confirmed infections, and creates a Long-Term Care COVID-19 Task Force to advise commissioners on balancing resident rights with disease prevention.