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32 | The complaint included concerns that the provider’s governing body limited the resident representative’s ability to report information to residents, required reports to be edited or pre-approved, restricted the sharing of Board materials by broadly labeling materials as confidential or proprietary, and implemented a communication policy that created multiple levels of review before resident concerns could reach the governing body. The complaint also alleged that provider-issued communications were used in a way that replaced or limited the resident representative’s role in communicating directly with residents.
Health and Safety Code section 1771.7(c)(4) provides that residents have the right to expect effective channels of communication between residents and staff, and between residents and the administration or provider’s governing body. Health and Safety Code section 1771.7(d)(2) requires providers to establish policies and procedures that promote the sharing of information, dialogue between residents and management, and access to the provider’s governing body. In addition, Health and Safety Code section 1771.8(n) provides that resident representatives shall receive the same notice of meetings, packets, minutes, and other materials as members of the governing body and shall be permitted to attend, speak, and participate in governing body meetings. Resident representatives may also share information from meetings with other residents unless the information is confidential or doing so would violate fiduciary duties to the provider.
The Department reviewed the information provided and determined that several of the provider’s practices appear inconsistent with the continuing care contract statutes. Board packets are not automatically confidential and may only be withheld when they contain information related to litigation, personnel, competitive advantage, or other legally confidential information. The Department also determined that requiring the resident representative’s notes or reports to be reviewed, edited, or approved by the governing body interferes with the resident representative’s ability to communicate timely and freely with residents.
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