The Office of the Long-Term-Care Patient Representative

Under state law (Health and Safety Code section 1418.8), skilled nursing and intermediate care facilities may convene an interdisciplinary team to make medical decisions for residents who lack capacity and have no legal surrogate. These teams include the resident’s physician, a registered nurse responsible for the resident’s care, and other appropriate staff, In the past, the teams also sometimes included patient representatives, but this was not required. As the result of a court case, skilled nursing and intermediate care facilities will be required to include a patient representative when they convene an interdisciplinary team. This new requirement became effective January 27, 2023.

Under the new requirements, facilities are responsible for identifying a friend, relative, or someone else to serve as a patient representative when an interdisciplinary team is convened. If the facility is unable to identify a representative, the Office of the Long-Term Care Patient Representative will provide a public patient representative who has completed required training and passed a criminal background check.

For questions about the new program, email OPR@aging.ca.gov or call (916) 800-5084.