General Assembly Substitute Bill No. 233
February Session, 2010 *_____SB00233PH____032510____*
General Assembly
Substitute Bill No. 233
February Session, 2010
*_____SB00233PH____032510____*
AN ACT CONCERNING THE DISCHARGE OF PATIENTS FOR NONPAYMENT OF APPLIED INCOME.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Subsection (b) of section 19a-535 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010):
(b) A facility shall not transfer or discharge a patient from the facility [except] unless (1) the transfer or discharge is necessary to meet the welfare of the patient which cannot be met in the facility, [or unless] (2) the patient no longer needs the services of the facility due to improved health, [or] (3) the health or safety of individuals in the facility is endangered, [or] (4) in the case of a self-pay patient, for his nonpayment or arrearage of more than fifteen days of the per diem facility room rate, [or] (5) the facility ceases to operate, or (6) to the extent permitted by federal law, the patient has failed to pay to the facility the amount of applied income determined in accordance with the methodology established by the Department of Social Services for recipients of medical assistance for more than sixty days. In each case the basis for transfer or discharge shall be documented in the patient's medical record by a physician. In each case where the welfare, health or safety of the patient is concerned the documentation shall be by the patient's physician. A facility which is part of a continuing care facility which guarantees life care for its residents, as defined in subsection (b) of section 17b-354, may transfer or discharge [(1)] (A) a resident self-pay patient who has intentionally transferred assets in a sum which will render the patient unable to pay the costs of facility care in accordance with the contract between the resident and the facility or [(2)] (B) a nonresident self-pay patient who has intentionally transferred assets in a sum which will render the patient unable to pay the costs of a total of forty-two months of facility care from the date of initial admission to the facility.
Sec. 2. (NEW) (Effective October 1, 2010) Each facility, as defined in subsection (a) of section 19a-535 of the general statutes, shall provide each patient who has applied for medical assistance with the Department of Social Services an estimate of the amount of the patient's applied income determined in accordance with the methodology established by said department for recipients of medical assistance. Each facility shall provide a written notice to each such patient, as evidenced by the patient's written acknowledgment, containing such estimate and a statement informing the patient that failure to pay applied income to the facility may result in the patient's transfer or discharge from the facility pursuant to section 19a-535 of the general statutes, as amended by this act.
This act shall take effect as follows and shall amend the following sections:
Section 1 October 1, 2010 19a-535(b)
Sec. 2 October 1, 2010 New section
This act shall take effect as follows and shall amend the following sections:
Section 1
October 1, 2010
19a-535(b)
Sec. 2
October 1, 2010
New section
AGE Joint Favorable Subst. C/R PH
AGE
Joint Favorable Subst. C/R
PH