Health and Safety Code Section 1430

Compiled June, 2023

Our review of the annotated history reveals the following legislative history (every “c.” below represents a separate legislative bill):

Added: 1973, c. 1057
Amended:
•  1982, c. 1455, added subdivision designations (a) and (c) to the original language and inserted new subdivision (b), which read as follows:
(b) A resident or patient of a skilled nursing facility, as defined in subdivision (c) of Section 1250, or intermediate care facilities, as defined in subdivision (d) of Section 1250, may bring a civil action against the licensee of a facility who violates any rights of the resident or patient as set forth in the Patients Bill of Rights in Section 72527 of Title 22 of the California Administrative Code. The suit shall be brought in a court of competent jurisdiction. The licensee shall be liable for the acts of the licensee’s employees. The licensee shall be liable for up to five hundred dollars ($500), and for costs and attorney fees, and may be enjoined from permitting the violation to continue. An agreement by a resident or patient of a skilled nursing facility or intermediate care facility to waive his or her rights to sue pursuant to this subdivision shall be void as contrary to public policy.
•  2004, c. 270, rewrote the language of the statute to read as it does today.
•  2021, c. 471, designated former subdivision to be (b)(1), (b)(1)(A) and (b)(1)(C), added “, or the legal representative, personal representative, or successor in interest of a current or former resident or patient,” among other changes; and added (b)(1)(B) and (b)(2).

Four bills affected this section.                          

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