| 11 | 11 | | |
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| 12 | 12 | | AN ACT CONCERNING REVISIONS TO HOME HEALTH CARE STATUTES. |
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| 13 | 13 | | |
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| 14 | 14 | | Be it enacted by the Senate and House of Representatives in General Assembly convened: |
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| 15 | 15 | | |
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| 16 | 16 | | Section 1. (NEW) (Effective October 1, 2011) (a) As used in this section: |
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| 17 | 17 | | |
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| 18 | 18 | | (1) "Home health care agency" has the same meaning as provided in subsection (d) of section 19a-490 of the general statutes, as amended by this act; and |
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| 19 | 19 | | |
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| 20 | 20 | | (2) "Registered nurse" means a person licensed to practice nursing in accordance with the provisions of subsection (a) of section 20-87a of the general statutes. |
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| 21 | 21 | | |
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| 22 | 22 | | (b) A registered nurse, who is employed by a home health care agency, may provide in-home training to a privately-hired, unlicensed caregiver or personal care assistant. Such training shall be provided in the home of the person who has hired the unlicensed caregiver or personal care attendant. All subject matters covered in such training shall be contained in a written document that is signed by the registered nurse and the unlicensed care giver or personal care attendant. A registered nurse who provides such training shall not be held civilly liable for injuries that are alleged to have been caused by an unlicensed caregiver or personal care attendant trained by such nurse when the unlicensed caregiver or personal care attendant: (1) Did not execute the specific instructions of the registered nurse; or (2) performs tasks and functions that exceed the scope of training provided by the registered nurse. Nothing in this section shall be construed to require a registered nurse who provides in-home training pursuant to this section to be responsible for overseeing the activities of the unlicensed care giver or personal care attendant who is the beneficiary of such training. |
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| 23 | 23 | | |
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| 24 | 24 | | Sec. 2. Section 19a-490 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011): |
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| 25 | 25 | | |
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| 26 | 26 | | As used in this chapter and sections 17b-261e, 38a-498b and 38a-525b: |
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| 27 | 27 | | |
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| 28 | 28 | | (a) "Institution" means a hospital, residential care home, health care facility for the handicapped, nursing home, rest home, home health care agency, homemaker-home health aide agency, mental health facility, assisted living services agency, substance abuse treatment facility, outpatient surgical facility, an infirmary operated by an educational institution for the care of students enrolled in, and faculty and employees of, such institution; a facility engaged in providing services for the prevention, diagnosis, treatment or care of human health conditions, including facilities operated and maintained by any state agency, except facilities for the care or treatment of mentally ill persons or persons with substance abuse problems; and a residential facility for the mentally retarded licensed pursuant to section 17a-227 and certified to participate in the Title XIX Medicaid program as an intermediate care facility for the mentally retarded; |
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| 29 | 29 | | |
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| 30 | 30 | | (b) "Hospital" means an establishment for the lodging, care and treatment of persons suffering from disease or other abnormal physical or mental conditions and includes inpatient psychiatric services in general hospitals; |
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| 31 | 31 | | |
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| 32 | 32 | | (c) "Residential care home", "nursing home" or "rest home" means an establishment which furnishes, in single or multiple facilities, food and shelter to two or more persons unrelated to the proprietor and, in addition, provides services which meet a need beyond the basic provisions of food, shelter and laundry; |
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| 33 | 33 | | |
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| 34 | 34 | | (d) "Home health care agency" means a public or private organization, or a subdivision thereof, engaged in providing professional nursing services and the following services, available twenty-four hours per day, in the patient's home or a substantially equivalent environment: Homemaker-home health aide services as defined in this section, physical therapy, speech therapy, occupational therapy or medical social services. The agency shall provide professional nursing services and at least one additional service directly and all others directly or through contract. An agency shall be available to enroll new patients seven days a week, twenty-four hours per day; |
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| 35 | 35 | | |
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| 36 | 36 | | (e) "Homemaker-home health aide agency" means a public or private organization, except a home health care agency, which provides in the patient's home or a substantially equivalent environment supportive services which may include, but are not limited to, assistance with personal hygiene, dressing, feeding and incidental household tasks essential to achieving adequate household and family management. Such supportive services shall be provided under the supervision of a registered nurse and, if such nurse determines appropriate, shall be provided by a social worker, physical therapist, speech therapist or occupational therapist. Such supervision may be provided directly or through contract; |
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| 37 | 37 | | |
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| 38 | 38 | | [(f) "Homemaker-home health aide services" as defined in this section shall not include services provided to assist individuals with activities of daily living when such individuals have a disease or condition that is chronic and stable as determined by a physician licensed in the state of Connecticut;] |
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| 39 | 39 | | |
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| 40 | 40 | | [(g)] (f) "Mental health facility" means any facility for the care or treatment of mentally ill or emotionally disturbed persons, or any mental health outpatient treatment facility that provides treatment to persons sixteen years of age or older who are receiving services from the Department of Mental Health and Addiction Services, but does not include family care homes for the mentally ill; |
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| 41 | 41 | | |
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| 42 | 42 | | [(h)] (g) "Alcohol or drug treatment facility" means any facility for the care or treatment of persons suffering from alcoholism or other drug addiction; |
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| 43 | 43 | | |
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| 44 | 44 | | [(i)] (h) "Person" means any individual, firm, partnership, corporation, limited liability company or association; |
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| 45 | 45 | | |
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| 46 | 46 | | [(j)] (i) "Commissioner" means the Commissioner of Public Health; and |
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| 47 | 47 | | |
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| 48 | 48 | | [(k) "Home health agency" means an agency licensed as a home health care agency or a homemaker-home health aide agency; and] |
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| 49 | 49 | | |
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| 50 | 50 | | [(l)] (j) "Assisted living services agency" means an agency that provides, among other things, nursing services and assistance with activities of daily living to a population that is chronic and stable. |
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| 51 | 51 | | |
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| 52 | 52 | | Sec. 3. Subsection (a) of section 19a-493 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011): |
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| 53 | 53 | | |
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| 54 | 54 | | (a) Upon receipt of an application for an initial license, the Department of Public Health, subject to the provisions of section 19a-491a, shall issue such license if, upon conducting a scheduled inspection and investigation, the department finds that the applicant and facilities meet the requirements established under section 19a-495, provided a license shall be issued to or renewed for an institution, as defined in subsection (d) [, (e) or (f)] or (e) of section 19a-490, as amended by this act, only if such institution is not otherwise required to be licensed by the state. If an institution, as defined in [subsections] subsection (b), (d) [, (e) and (f)] or (e) of section 19a-490, as amended by this act, applies for license renewal and has been certified as a provider of services by the United States Department of Health and Human Services under Medicare or Medicaid programs within the immediately preceding twelve-month period, or if an institution, as defined in subsection (b) of section 19a-490, as amended by this act, is currently certified, the commissioner or the commissioner's designee may waive on renewal the inspection and investigation of such facility required by this section and, in such event, any such facility shall be deemed to have satisfied the requirements of section 19a-495 for the purposes of licensure. Such license shall be valid for two years or a fraction thereof and shall terminate on March thirty-first, June thirtieth, September thirtieth or December thirty-first of the appropriate year. A license issued pursuant to this chapter, unless sooner suspended or revoked, shall be renewable biennially (1) after an unscheduled inspection is conducted by the department, and (2) upon the filing by the licensee, and approval by the department, of a report upon such date and containing such information in such form as the department prescribes and satisfactory evidence of continuing compliance with requirements established under section 19a-495. In the case of an institution, as defined in subsection (d) of section 19a-490, as amended by this act, that is also certified as a provider under the Medicare program, the license shall be issued for a period not to exceed three years, to run concurrently with the certification period. Each license shall be issued only for the premises and persons named in the application and shall not be transferable or assignable. Licenses shall be posted in a conspicuous place in the licensed premises. |
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| 55 | 55 | | |
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| 56 | 56 | | Sec. 4. Subdivision (6) of subsection (b) of section 19a-638 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011): |
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| 57 | 57 | | |
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| 58 | 58 | | (6) Home health care agencies or homemaker-home health aide agencies, as defined in section 19a-490, as amended by this act; |
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| 59 | 59 | | |
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| 60 | 60 | | |
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| 61 | 61 | | |
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| 62 | 62 | | |
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| 63 | 63 | | This act shall take effect as follows and shall amend the following sections: |
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| 64 | 64 | | Section 1 October 1, 2011 New section |
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| 65 | 65 | | Sec. 2 October 1, 2011 19a-490 |
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| 66 | 66 | | Sec. 3 October 1, 2011 19a-493(a) |
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| 67 | 67 | | Sec. 4 October 1, 2011 19a-638(b)(6) |
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| 68 | 68 | | |
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| 69 | 69 | | This act shall take effect as follows and shall amend the following sections: |
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| 70 | 70 | | |
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| 71 | 71 | | Section 1 |
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| 72 | 72 | | |
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| 73 | 73 | | October 1, 2011 |
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| 74 | 74 | | |
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| 75 | 75 | | New section |
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| 76 | 76 | | |
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| 77 | 77 | | Sec. 2 |
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| 78 | 78 | | |
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| 79 | 79 | | October 1, 2011 |
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| 80 | 80 | | |
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| 81 | 81 | | 19a-490 |
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| 82 | 82 | | |
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| 83 | 83 | | Sec. 3 |
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| 84 | 84 | | |
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| 85 | 85 | | October 1, 2011 |
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| 86 | 86 | | |
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| 87 | 87 | | 19a-493(a) |
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| 88 | 88 | | |
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| 89 | 89 | | Sec. 4 |
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| 90 | 90 | | |
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| 91 | 91 | | October 1, 2011 |
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| 92 | 92 | | |
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| 93 | 93 | | 19a-638(b)(6) |
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| 94 | 94 | | |
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| 95 | 95 | | |
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| 96 | 96 | | |
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| 97 | 97 | | PH Joint Favorable Subst. |
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