General Assembly Substitute Bill No. 5499
February Session, 2012 *_____HB05499PH____032612____*
General Assembly
Substitute Bill No. 5499
February Session, 2012
*_____HB05499PH____032612____*
AN ACT CONCERNING REGULATIONS RELATING TO HOSPICE CARE.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 19a-122b of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) Notwithstanding the provisions of chapters 368v and 368z, an organization licensed as a hospice [pursuant to the Public Health Code] by the Department of Public Health or certified as a hospice pursuant to 42 USC 1395x, shall be authorized to operate a hospice facility, including a hospice residence, for the purpose of providing hospice services for terminally ill persons [, for the purpose of providing hospice home care arrangements including, but not limited to, hospice home care services and supplemental] who are in need of hospice home care or hospice inpatient services. Such arrangements shall be provided to those patients who would otherwise receive such care from family members. The facility or residence shall provide a homelike atmosphere for such patients for a time period deemed appropriate for home health care services under like circumstances. Any hospice that operates a facility or residence pursuant to the provisions of this section shall cooperate with the Commissioner of Public Health to develop standards for the licensure and operation of such [homes] facility or residence.
(b) On and after January 1, 2008, any organization seeking initial licensure as a hospice by the Department of Public Health shall (1) agree to provide hospice care services for terminally ill persons on a twenty-four-hour basis in all settings including, but not limited to, a private home, nursing home, residential care home or specialized residence that provides supportive services, and (2) present to the department satisfactory evidence that such organization has the necessary qualified personnel to provide services in such settings.
(c) No organization may use the title "hospice" or "hospice care program" or make use of any title, words, letters or abbreviations indicating or implying that such organization is licensed to provide hospice services unless such organization is licensed to provide such services by the Department of Public Health and certified as a hospice pursuant to 42 USC 1395x.
Sec. 2. Subsection (a) of section 19a-490 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(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, short-term hospital special hospice, hospice 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;
Sec. 3. Subsection (a) of section 19a-495 of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) The Department of Public Health shall, after consultation with the appropriate public and voluntary hospital planning agencies, establish classifications of institutions. The department shall [, in the Public Health Code,] adopt, amend, promulgate and enforce such regulations based upon reasonable standards of health, safety and comfort of patients and demonstrable need for such institutions, with respect to each classification of institutions to be licensed under sections 19a-490 to 19a-503, inclusive, as amended by this act, including their special facilities, as will further the accomplishment of the purposes of said sections in promoting safe, humane and adequate care and treatment of individuals in institutions. The department shall adopt such regulations, in accordance with chapter 54, concerning home health care agencies and homemaker-home health aide agencies.
This act shall take effect as follows and shall amend the following sections:
Section 1 from passage 19a-122b
Sec. 2 from passage 19a-490(a)
Sec. 3 from passage 19a-495(a)
This act shall take effect as follows and shall amend the following sections:
Section 1
from passage
19a-122b
Sec. 2
from passage
19a-490(a)
Sec. 3
from passage
19a-495(a)
PH Joint Favorable Subst.
PH
Joint Favorable Subst.