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The July 28 deadline for implementation of the skilled-nursing facility (SNF)
interdisciplinary team patient representative requirement is quickly approaching.
The new requirement requires a designated patient representative to participate in interdisciplinary team meetings convened to address care decisions for incapacitated SNF residents without decision-makers.
CHA, in collaboration with the California Association of Health Facilities (CAHF), worked with the California Department of Public Health and the California Department of Aging (CDA) to support the creation of the Office of the Patient Representative (OPR) within CDA to support SNFs in identifying a patient representative when necessary. CHA estimates it will take up to 12 months to establish the OPR, which was approved in the 2021-22 state budget.
CAHF has filed a motion with the court requesting an extension of the effective date by 12 months in order to provide sufficient time to establish the new OPR. While a hearing is scheduled for Aug. 3, the court has not yet acted.
During the interim, SNFs will need to consider how care will be consented when looking to admit new residents without capacity and decision-makers. SNFs are reminded to continue to pursue and document their efforts to identify a patient representative and to complete required notification to the long-term care ombudsman.
Hospital case managers may encounter increased difficulty securing SNF placement for unrepresented patients lacking capacity and are encouraged to collaborate with partner SNFs to support efforts to identify a patient representative.