General Assembly Substitute Bill No. 177
February Session, 2012 *_____SB00177PH____033012____*
General Assembly
Substitute Bill No. 177
February Session, 2012
*_____SB00177PH____033012____*
AN ACT CONCERNING NOTIFICATION TO POTENTIAL AND EXISTING NURSING HOME OWNERS.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 19a-528a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):
For any application of licensure for the acquisition of a nursing home filed after July 1, 2004, any potential nursing home licensee or owner shall submit, in writing, a change in ownership application with respect to the facility for which the change in ownership is sought. The Department of Public Health shall prepare the change in ownership application which shall include the following statement printed in no less than eighteen-point boldface type of uniform font on the first page of the application: "NOTICE: Any nursing home licensee or owner, including, but not limited to, an officer, director, trustee, limited partner, managing partner, general partner or any person having at least a ten per cent ownership interest in the owner, as well as any administrator, assistant administrator, medical director, director of nursing or assistant director of nursing, may be subject to criminal liability, in addition to civil and administrative sanctions under federal and state law, for the abuse or neglect of a resident of the nursing home perpetrated by an employee of the nursing home.". Such application shall include such information as the Commissioner of Public Health deems necessary and whether such potential nursing home licensee or owner (1) has had three or more civil penalties imposed through final order of the commissioner in accordance with the provisions of sections 19a-524 to 19a-528, inclusive, or civil penalties imposed pursuant to the statutes or regulations of another state, during the two-year period preceding the application, (2) has had in any state sanctions, other than civil penalties of less than twenty thousand dollars, imposed through final adjudication under the Medicare or Medicaid program pursuant to Title XVIII or XIX of the federal Social Security Act, 42 USC 301, as from time to time amended, or (3) has had in any state such potential licensee's or owner's Medicare or Medicaid provider agreement terminated or not renewed. In the event that a potential nursing home licensee or owner's application contains information concerning civil penalties, sanctions, terminations or nonrenewals, as described in this section, the commissioner shall not approve the application to acquire another nursing home in this state for a period of five years from the date of final order on such civil penalties, final adjudication of such sanctions, or termination or nonrenewal, except for good cause shown.
Sec. 2. (NEW) (Effective October 1, 2012) The Department of Public Health shall prepare a notice that includes the following statement printed in no less than eighteen-point boldface type of uniform font: "NOTICE: Any nursing home licensee or owner, including, but not limited to, an officer, director, trustee, limited partner, managing partner, general partner or any person having at least a ten per cent ownership interest in the owner, as well as any administrator, assistant administrator, medical director, director of nursing or assistant director of nursing, may be subject to criminal liability, in addition to civil and administrative sanctions under federal and state law, for the abuse or neglect of a resident of the nursing home perpetrated by an employee of the nursing home.". Such notice shall be provided not later than January 1, 2013, to all persons who have been issued a license to establish, conduct, operate or maintain a nursing home in the state by the Department of Public Health as of September 30, 2012.
Sec. 3. (NEW) (Effective October 1, 2012) The statement that the Department of Public Health is required to include in change of ownership applications pursuant to section 19a-528a of the general statutes, as amended by this act, and prepare as a notice to be provided to certain licensees pursuant to section 2 of this act shall not be construed as expanding or otherwise affecting the liability of nursing home licensees and owners that may exist at law for the abuse or neglect of a resident of the nursing home.
This act shall take effect as follows and shall amend the following sections:
Section 1 October 1, 2012 19a-528a
Sec. 2 October 1, 2012 New section
Sec. 3 October 1, 2012 New section
This act shall take effect as follows and shall amend the following sections:
Section 1
October 1, 2012
19a-528a
Sec. 2
October 1, 2012
New section
Sec. 3
October 1, 2012
New section
AGE Joint Favorable Subst. C/R PH
PH Joint Favorable
AGE
Joint Favorable Subst. C/R
PH
PH
Joint Favorable