Connecticut 2011 Regular Session

Connecticut House Bill HB06593 Compare Versions

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11 General Assembly Raised Bill No. 6593
22 January Session, 2011 LCO No. 4243
33 *04243_______PH_*
44 Referred to Committee on Public Health
55 Introduced by:
66 (PH)
77
88 General Assembly
99
1010 Raised Bill No. 6593
1111
1212 January Session, 2011
1313
1414 LCO No. 4243
1515
1616 *04243_______PH_*
1717
1818 Referred to Committee on Public Health
1919
2020 Introduced by:
2121
2222 (PH)
2323
2424 AN ACT CONCERNING RESIDENTIAL CARE HOMES.
2525
2626 Be it enacted by the Senate and House of Representatives in General Assembly convened:
2727
2828 Section 1. Subsection (c) of section 19a-490 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):
2929
3030 (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;
3131
3232 Sec. 2. Section 19a-521 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):
3333
3434 As used in this section and sections 19a-522 to 19a-534a, inclusive, 19a-536 to 19a-539, inclusive, 19a-550 to 19a-554, inclusive, and 19a-562a, as amended by this act, unless the context otherwise requires: "Nursing home facility" means any nursing home or [residential care home as defined in section 19a-490 or] any rest home with nursing supervision which provides, in addition to personal care required in a residential care home, nursing supervision under a medical director twenty-four hours per day, or any chronic and convalescent nursing home which provides skilled nursing care under medical supervision and direction to carry out nonsurgical treatment and dietary procedures for chronic diseases, convalescent stages, acute diseases or injuries; "department" means the Department of Public Health; and "commissioner" means the Commissioner of Public Health or the commissioner's designated representative.
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3636 Sec. 3. Subsection (a) of section 19a-131k of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):
3737
3838 (a) For purposes of this section:
3939
4040 (1) "Child day care service" means a child day care center, group day care home or family day care home, as defined in section 19a-77, and licensed pursuant to section 19a-80 or 19a-87b;
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4242 (2) "Public health emergency" means a public health emergency, as defined in section 19a-131;
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4444 (3) "Commissioner" means the Commissioner of Public Health;
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4646 (4) "Nursing home facility" means any nursing home, as defined in section 19a-521, as amended by this act; [but shall not include residential care homes;] and
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4848 (5) "Youth camp" means any facility licensed pursuant to chapter 368r.
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5050 Sec. 4. Subsection (a) of section 19a-562a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):
5151
5252 (a) Each nursing home facility [that is not a residential care home] or [an] Alzheimer's special care unit or program shall annually provide a minimum of two hours of training in pain recognition and administration of pain management techniques to all licensed and registered direct care staff and nurse's aides who provide direct patient care to residents.
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5454 Sec. 5. Subdivision (4) 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):
5555
5656 (4) Residential care homes [, nursing homes] and rest homes, as defined in subsection (c) of section 19a-490, as amended by this act;
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5858 Sec. 6. Section 19a-495a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):
5959
6060 (a) (1) The Commissioner of Public Health shall adopt regulations, [as provided in] pursuant to subsection (d) of this section, to require each residential care home, as defined in section 19a-490, as amended by this act, that admits residents requiring assistance with medication administration, to (A) designate unlicensed personnel to obtain certification for the administration of medication, [and] (B) [to] ensure that such unlicensed personnel receive such certification, and (C) ensure that a registered nurse, licensed in accordance with the provisions of chapter 378, is on-site at the residential care home for not less than five hours per month to supervise the administration of medication by unlicensed personnel.
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6262 (2) The regulations shall establish criteria to be used by such homes in determining (A) the appropriate number of unlicensed personnel who shall obtain such certification, and (B) training requirements, including on-going training requirements for such certification. Training requirements shall include, but shall not be limited to: Initial orientation, resident rights, identification of the types of medication that may be administered by unlicensed personnel, behavioral management, personal care, nutrition and food safety, and health and safety in general.
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6464 (b) Each residential care home, as defined in section 19a-490, as amended by this act, shall ensure that [, on or before January 1, 2010,] an appropriate number of unlicensed personnel, as determined by the residential care home, obtain certification for the administration of medication. Certification of such personnel shall be in accordance with regulations adopted pursuant to this section. Unlicensed personnel obtaining such certification may administer medications that are not administered by injection to residents of such homes, unless a resident's physician specifies that a medication only be administered by licensed personnel.
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6666 (c) [On and after October 1, 2007, unlicensed] Unlicensed assistive personnel employed in residential care homes, as defined in section 19a-490, as amended by this act, may (1) obtain and document residents' blood pressures and temperatures with digital medical instruments that (A) contain internal decision-making electronics, microcomputers or special software that allow the instruments to interpret physiologic signals, and (B) do not require the user to employ any discretion or judgment in their use; (2) obtain and document residents' weight; and (3) assist residents in the use of glucose monitors to obtain and document their blood glucose levels.
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6868 (d) The Commissioner of Public Health may implement policies and procedures necessary to administer the provisions of this section while in the process of adopting such policies and procedures as regulation, provided the commissioner prints notice of intent to adopt regulations in the Connecticut Law Journal not later than twenty days after the date of implementation. Policies and procedures implemented pursuant to this section shall be valid until the time final regulations are adopted.
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7070 Sec. 7. (NEW) (Effective July 1, 2011) (a) On or before January 1, 2012, the Commissioner of Public Health, in consultation with the Commissioner of Social Services, shall establish and operate a medical model pilot program that shall permit the operator of a residential care home to utilize the services of a licensed registered nurse to provide health care services to the residents of such homes. Pilot program services may be offered in not more than ten residential care homes in the state. In selecting residential care homes to participate in the pilot program, the Commissioner of Public Health shall give due consideration to implementation of the pilot program in various geographic regions of the state.
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7272 (b) Under the pilot program, the operator of a residential care home may utilize the services of a licensed registered nurse to provide not more than twenty hours of health care services on a weekly basis to residents of such home. Services provided under the pilot program shall be for residents who are most at risk for nursing home placement. Services provided under the pilot program may include, but shall not be limited to, mobility assistance, incontinence care and specialized services that assist persons with psychiatric illnesses, dementia or early onset of Alzheimer's Disease. All services provided by a licensed registered nurse shall be within such nurse's scope of practice as set forth in section 20-87a of the general statutes.
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7474 (c) The Commissioner of Public Health shall ensure that the annual per recipient cost to the state to provide pilot program services does not exceed the annual per recipient cost to the state to provide nursing home care to such residents. Not later than January 1, 2014, the Commissioner of Public Health shall report, in accordance with section 11-4a of the general statutes, to the joint standing committees of the General Assembly having cognizance of matters relating to public health, human services and appropriations and the budgets of state agencies on the pilot program.
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7979 This act shall take effect as follows and shall amend the following sections:
8080 Section 1 October 1, 2011 19a-490(c)
8181 Sec. 2 October 1, 2011 19a-521
8282 Sec. 3 October 1, 2011 19a-131k(a)
8383 Sec. 4 October 1, 2011 19a-562a(a)
8484 Sec. 5 October 1, 2011 19a-638(b)(4)
8585 Sec. 6 October 1, 2011 19a-495a
8686 Sec. 7 July 1, 2011 New section
8787
8888 This act shall take effect as follows and shall amend the following sections:
8989
9090 Section 1
9191
9292 October 1, 2011
9393
9494 19a-490(c)
9595
9696 Sec. 2
9797
9898 October 1, 2011
9999
100100 19a-521
101101
102102 Sec. 3
103103
104104 October 1, 2011
105105
106106 19a-131k(a)
107107
108108 Sec. 4
109109
110110 October 1, 2011
111111
112112 19a-562a(a)
113113
114114 Sec. 5
115115
116116 October 1, 2011
117117
118118 19a-638(b)(4)
119119
120120 Sec. 6
121121
122122 October 1, 2011
123123
124124 19a-495a
125125
126126 Sec. 7
127127
128128 July 1, 2011
129129
130130 New section
131131
132132 Statement of Purpose:
133133
134134 To: (1) Amend various statutes that include a residential care home within the definition of nursing home, (2) require that, for not less than five hours per month, a registered nurse shall supervise the administration of medication by unlicensed personnel in residential care homes, and (3) establish a medical model, residential care home pilot program that will allow persons in residential care homes to receive in-home health care services in order to avoid placement in nursing homes.
135135
136136 [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]