Eloise Reyes
- Democratic
- Assemblymember
- District 50
Author
Existing law authorizes a current or former resident or patient of a skilled nursing facility or intermediate care facility, as defined, to bring a civil action against the licensee of a facility who violates any of specified rights of the resident or patient or any other right provided for by federal or state law or regulation. Existing law makes the licensee liable for up to $500. Existing case law interpreting that provision held that the $500 limit on civil damages applies to each action and not to each violation. This bill would also authorize the legal representative, personal representative, or successor in interest of a current or former resident or patient of a skilled nursing facility or intermediate care facility to bring that civil action. The bill, for violations that occur on or after March 1, 2021, would make the licensee liable for up to $500 per violation and would prescribe required factors to be considered in assessing the amount of the damages, including, among others, the nature and seriousness of each violation.
Approved by the Governor.
Chaptered by Secretary of State - Chapter 471, Statutes of 2021.
Enrolled and presented to the Governor at 3 p.m.
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 54. Noes 6. Page 2829.).
In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 4 pursuant to Assembly Rule 77.
Read third time. Passed. Ordered to the Assembly. (Ayes 29. Noes 7. Page 2334.).
Read second time. Ordered to third reading.
Read third time and amended. Ordered to second reading.
Read second time and amended. Ordered to third reading.
From committee: Amend, and do pass as amended. (Ayes 9. Noes 2.) (June 22).
In Senate. Read first time. To Com. on RLS. for assignment.
Read third time. Passed. Ordered to the Senate. (Ayes 51. Noes 14. Page 1182.)
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 8. Noes 3.) (April 13).
Re-referred to Com. on JUD. pursuant to Assembly Rule 96.
From printer. May be heard in committee March 20.
Read first time. To print.
| Bill Text Versions | Format |
|---|---|
| AB849 | HTML |
| 02/17/21 - Introduced | |
| 06/24/21 - Amended Senate | |
| 08/16/21 - Amended Senate | |
| 09/09/21 - Enrolled | |
| 10/04/21 - Chaptered |
| Document | Format |
|---|---|
| 04/09/21- Assembly Judiciary | |
| 04/14/21- ASSEMBLY FLOOR ANALYSIS | |
| 06/18/21- Senate Judiciary | |
| 06/25/21- Sen. Floor Analyses | |
| 08/19/21- Sen. Floor Analyses | |
| 09/02/21- ASSEMBLY FLOOR ANALYSIS |
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