Connecticut 2013 Regular Session

Connecticut House Bill HB05761 Compare Versions

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1-General Assembly Substitute Bill No. 5761
2-January Session, 2013 *_____HB05761PH____031113____*
1+General Assembly Raised Bill No. 5761
2+January Session, 2013 LCO No. 2538
3+ *02538_______AGE*
4+Referred to Committee on AGING
5+Introduced by:
6+(AGE)
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48 General Assembly
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6-Substitute Bill No. 5761
10+Raised Bill No. 5761
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812 January Session, 2013
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10-*_____HB05761PH____031113____*
14+LCO No. 2538
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16+*02538_______AGE*
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18+Referred to Committee on AGING
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20+Introduced by:
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22+(AGE)
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1224 AN ACT CONCERNING NOTIFICATION TO POTENTIAL AND EXISTING NURSING HOME OWNERS.
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1426 Be it enacted by the Senate and House of Representatives in General Assembly convened:
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1628 Section 1. Section 19a-528a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):
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18-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. Such application shall be prescribed by the Commissioner of Public Health and include such information as the commissioner deems necessary. The application shall include the following statement printed in not less than eighteen-point boldface type of uniform font on the first page of the application: "NOTICE: Any nursing home licensee, owner or officer, including, but not limited to, a director, trustee, limited partner, managing partner, general partner or any person having at least a ten per cent ownership interest, and 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] The application shall also 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.
30+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. Such application shall be prescribed by the Commissioner of Public Health and include such information as the commissioner deems necessary. The Department of Public Health shall prepare the change in ownership application which shall include the following statement printed in not less than eighteen-point boldface type of uniform font on the first page of the application: "NOTICE: Any nursing home licensee, owner or officer, including, but not limited to, a director, trustee, limited partner, managing partner, general partner or any person having at least a ten per cent ownership interest, and 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.
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20-Sec. 2. (NEW) (Effective October 1, 2013) The Commissioner 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, owner or officer, including, but not limited to, a director, trustee, limited partner, managing partner, general partner or any person having at least a ten per cent ownership interest, and 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.". Not later than January 1, 2014, said commissioner shall provide such notice to all persons who hold a license to establish, conduct, operate or maintain a nursing home in the state as of October 1, 2013.
32+Sec. 2. (NEW) (Effective October 1, 2013) 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, owner or officer, including, but not limited to, a director, trustee, limited partner, managing partner, general partner or any person having at least a ten per cent ownership interest, and 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, 2014, to all persons who hold a license to establish, conduct, operate or maintain a nursing home in the state by the Department of Public Health on October 1, 2013.
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22-Sec. 3. (NEW) (Effective October 1, 2013) The statement that the Commissioner of Public Health is required to include in change in 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.
34+Sec. 3. (NEW) (Effective October 1, 2013) 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.
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2739 This act shall take effect as follows and shall amend the following sections:
2840 Section 1 October 1, 2013 19a-528a
2941 Sec. 2 October 1, 2013 New section
3042 Sec. 3 October 1, 2013 New section
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3244 This act shall take effect as follows and shall amend the following sections:
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3446 Section 1
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3648 October 1, 2013
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3850 19a-528a
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4052 Sec. 2
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4254 October 1, 2013
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4456 New section
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4658 Sec. 3
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4860 October 1, 2013
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5062 New section
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52-Statement of Legislative Commissioners:
64+Statement of Purpose:
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54-In section 1, the words "Department of Public Health shall prepare the change in ownership" and the word "which" were deleted in the third sentence and the word "Such" was replaced with "The" and "also" was inserted before "include" in the fourth sentence for conciseness. In section 2, "Department" was replaced by "Commissioner" in the first sentence and the second sentence was rephrased for consistency and clarity. In section 3, "Department" was replaced by "Commissioner" and "of" was replaced with "in" for consistency.
66+To put nursing home licensees and owners on notice that they may be held criminally liable for abuse or neglect perpetrated by nursing home employees against residents.
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58-AGE Joint Favorable C/R PH
59-PH Joint Favorable Subst.-LCO
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61-AGE
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63-Joint Favorable C/R
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65-PH
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67-PH
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69-Joint Favorable Subst.-LCO
68+[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.]