Signed by the governor on Oct. 13
AB 48 establishes new rights and procedures for obtaining informed consent from skilled-nursing facility residents before administering treatments or procedures involving psychotherapeutic drugs, except in an emergency. As part of this new process, before treatment is initiated, skilled-nursing facilities must verify that a consent form has been completed to ensure specified information has been shared with the patient prior to providing consent. The California Department of Public Health (CDPH) is charged with developing the consent form. CDPH has until Dec. 31, 2024, to develop and disseminate the standardized consent form, and facilities are not required to comply until then. AB 48 is a reintroduction of AB 1809, a 2022 bill by the same author that was vetoed. CHA, along with the California Association of Health Facilities, successfully worked with the author’s office to secure amendments in AB 1809 to remove language that could have led to additional criminal or civil penalties for skilled-nursing facilities.
AB 1005 would set a framework for how hospital discharge planners would provide in-home supportive services (IHSS) information to qualified Medi-Cal beneficiaries with a terminal condition. CHA worked closely with the author’s office to secure amendments to ensure this process reflects current practice while keeping the author’s intent to ensure IHSS information is provided as appropriate.