Connecticut 2010 Regular Session

Connecticut Senate Bill SB00233 Compare Versions

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11 General Assembly Substitute Bill No. 233
2-February Session, 2010 *_____SB00233PH____032510____*
2+February Session, 2010 *_____SB00233AGEPH_031110____*
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44 General Assembly
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66 Substitute Bill No. 233
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88 February Session, 2010
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10-*_____SB00233PH____032510____*
10+*_____SB00233AGEPH_031110____*
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1212 AN ACT CONCERNING THE DISCHARGE OF PATIENTS FOR NONPAYMENT OF APPLIED INCOME.
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1414 Be it enacted by the Senate and House of Representatives in General Assembly convened:
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1616 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 Subsection (b) of section 19a-535 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010):
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1818 (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.
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2020 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.
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2525 This act shall take effect as follows and shall amend the following sections:
2626 Section 1 October 1, 2010 19a-535(b)
2727 Sec. 2 October 1, 2010 New section
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2929 This act shall take effect as follows and shall amend the following sections:
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3131 Section 1
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3333 October 1, 2010
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3535 19a-535(b)
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3737 Sec. 2
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3939 October 1, 2010
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4141 New section
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4545 AGE Joint Favorable Subst. C/R PH
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4747 AGE
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4949 Joint Favorable Subst. C/R
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5151 PH