General Assembly Raised Bill No. 843
January Session, 2017 LCO No. 3817
*03817_______PH_*
Referred to Committee on PUBLIC HEALTH
Introduced by:
(PH)
General Assembly
Raised Bill No. 843
January Session, 2017
LCO No. 3817
*03817_______PH_*
Referred to Committee on PUBLIC HEALTH
Introduced by:
(PH)
AN ACT CONCERNING THE DEPARTMENT OF PUBLIC HEALTH'S RECOMMENDATIONS REGARDING REVISIONS TO THE PROCESS FOR CITATIONS OF CHRONIC AND CONVALESCENT NURSING HOMES.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 19a-524 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
If, upon review, investigation or inspection pursuant to section 19a-498, the Commissioner of Public Health determines that a nursing home facility or residential care home has violated any provision of section 17a-411, 19a-491a to 19a-491c, inclusive, 19a-493a, 19a-521 to 19a-529, inclusive, 19a-531 to 19a-551, inclusive, or 19a-553 to 19a-555, inclusive, or any regulation in the Public Health Code or regulation relating to licensure or the Fire Safety Code relating to the operation or maintenance of a nursing home facility or residential care home, which violation has been classified in accordance with section 19a-527, [he or she shall immediately] the commissioner may issue or cause to be issued a citation to the licensee of such nursing home facility or residential care home. Governmental immunity shall not be a defense to any citation issued or civil penalty imposed pursuant to [sections 19a-524] this section or sections 19a-525 to 19a-528, inclusive, as amended by this act. The nursing home facility or residential care home may not defend any citation by denying responsibility for the alleged violation because such violation was committed by its employees or contractors. Each such citation shall be in writing, shall provide notice of the nature and scope of the alleged violation or violations and shall be sent by certified mail to the licensee at the address of the nursing home facility or residential care home in issue. A copy of such citation shall also be sent to the licensed administrator at the address of the nursing home facility or residential care home.
Sec. 2. Section 19a-525 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
(a) The administrator of the nursing home facility or residential care home, or [his or her] the administrator's designee, shall, [within three days, excluding Saturdays, Sundays and holidays, of] not later than five business days after receipt of the citation by the licensee, notify the commissioner if the licensee contests the citation. If the administrator fails to so notify the commissioner [within such three-day period] not later than five business days after such receipt, the citation shall be deemed a final order of the commissioner, effective upon the expiration of [said period] such five business days.
(b) If any administrator of a nursing home facility or residential care home, or [his or her] the administrator's designee, notifies the commissioner that the licensee contests the citation, the commissioner shall provide [within five days of such notice, excluding Saturdays, Sundays and holidays,] an informal conference between the licensee and the commissioner or the commissioner's designee. Not later than five business days after the conclusion of the informal conference, the commissioner shall notify the licensee of the commissioner's conclusion resulting from the informal conference. The commissioner's notification shall include, if applicable, any final order that is based on an agreement reached at or resulting from the informal conference. If the licensee [and commissioner fail to reach an agreement at such conference, the] disagrees with the commissioner's conclusions, the licensee shall notify the commissioner in writing and the commissioner shall set the matter down for a hearing as a contested case in accordance with chapter 54. [, not more than five nor less than three days after such conference, with notice of the date of such hearing to the administrator not less than two days before such hearing, provided the minimum time requirements may be waived by agreement. The commissioner shall, not later than three days, excluding Saturdays, Sundays and holidays, after the conference if agreement is reached at such conference, or] The commissioner shall, after the conclusion of the hearing, issue a final order, based on findings of fact, affirming, modifying or vacating the citation in accordance with chapter 54.
Sec. 3. Subsection (a) of section 19a-494 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
(a) The Commissioner of Public Health, after a hearing held in accordance with the provisions of chapter 54, may take any of the following actions, singly or in combination, in any case in which the commissioner finds that there has been a substantial failure to comply with the requirements established under this chapter, the Public Health Code or licensing regulations:
(1) Revoke a license or certificate;
(2) Suspend a license or certificate;
(3) Censure a licensee or certificate holder;
(4) Issue a letter of reprimand to a licensee or certificate holder;
(5) Place a licensee or certificate holder on probationary status and require him to report regularly to the department on the matters which are the basis of the probation;
(6) Restrict the acquisition of other facilities for a period of time set by the commissioner;
(7) Issue an order compelling compliance with applicable statutes or regulations of the department; [or]
(8) Impose a directed plan of correction; or
(9) Appoint temporary management for a nursing home facility or residential care home in accordance with the provisions of 42 CFR 488.415, as amended from time to time, for a period of time to be determined by the commissioner.
Sec. 4. Subsection (a) of section 19a-522 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
(a) The commissioner shall adopt regulations, in accordance with chapter 54, concerning the health, safety and welfare of patients in nursing home facilities, classification of violations relating to such facilities, medical staff qualifications, record-keeping, nursing service, dietary service, personnel qualifications and general operational conditions. The regulations shall: (1) Assure that each patient admitted to a nursing home facility is protected by adequate immunization against influenza and pneumococcal disease in accordance with the recommendations of the National Advisory Committee on Immunization Practices, established by the Secretary of Health and Human Services; (2) specify that each patient be protected annually against influenza and be vaccinated against pneumonia in accordance with the recommendations of the National Advisory Committee on Immunization; [and] (3) provide appropriate exemptions for patients for whom such immunizations are medically contraindicated and for patients who object to such immunization on religious grounds; and (4) provide that a nursing home facility shall be responsible and subject to disciplinary action, including, but not limited to, citations, for any violation committed by any of its employees or contractors of the regulations adopted under this section.
This act shall take effect as follows and shall amend the following sections:
Section 1 October 1, 2017 19a-524
Sec. 2 October 1, 2017 19a-525
Sec. 3 October 1, 2017 19a-494(a)
Sec. 4 October 1, 2017 19a-522(a)
This act shall take effect as follows and shall amend the following sections:
Section 1
October 1, 2017
19a-524
Sec. 2
October 1, 2017
19a-525
Sec. 3
October 1, 2017
19a-494(a)
Sec. 4
October 1, 2017
19a-522(a)
Statement of Purpose:
To implement the recommendations of the Department of Public Health concerning revisions to the process for citations of chronic and convalescent nursing homes.
[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.]