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General Assembly Substitute Bill No. 375
January Session, 2019
AN ACT CONCERNING NU RSING HOME STAFFING LEVELS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (NEW) (Effective October 1, 2019) As used in this section 1
and sections 2 and 3 of this act: 2
(1) "Nurse" means an advanced practice registered nurse, registered 3
nurse or licensed practical nurse licensed pursuant to chapter 378 of 4
the general statutes; 5
(2) "Advanced practice registered nurse" means an advanced 6
practice registered nurse licensed pursuant to chapter 378 of the 7
general statutes; 8
(3) "Registered nurse" means a registered nurse licensed pursuant to 9
chapter 378 of the general statutes; 10
(4) "Licensed practical nurse" means a practical nurse licensed 11
pursuant to chapter 378 of the general statutes; 12
(5) "Nurse's aide" means a nurse's aide registered pursuant to 13
chapter 378a of the general statutes; 14
(6) "Nursing home facility" has the same meaning as provided in 15
section 19a-521 of the general statutes; and 16 Substitute Bill No. 375
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(7) "Transportation duty" means the responsibility of a nurse or 17
nurse's aide to (A) ensure that a resident safely enters or exits from a 18
vehicle that is transporting the resident to or from the nursing home 19
facility, or (B) accompany the resident while he or she is being 20
transported to or from the nursing home facility. 21
Sec. 2. (NEW) (Effective October 1, 2019) (a) Each nursing home 22
facility shall calculate on a daily basis, for the purposes of posting the 23
information required under subsection (b) of this section, the total 24
number of nurses and nurse's aides providing direct patient care to 25
residents of the nursing home facility. In calculating the total number, 26
a nursing home facility shall not include any nurse or nurse's aide who 27
is on transportation duty for any part of the workday or any nurse or 28
nurse's aide who is categorized as a member of the nursing home 29
facility's management or administration. 30
(b) Each nursing home facility shall post, in accordance with 42 CFR 31
483.35(g), the following information on a daily basis at the beginning 32
of each shift, in a legible format and in a conspicuous place readily 33
accessible to and clearly visible by residents, employees and visitors of 34
the nursing home facility, including, but not limited to, persons in a 35
wheelchair: 36
(1) Name of the nursing home facility; 37
(2) Date; 38
(3) Total number of (A) advanced practice registered nurses, (B) 39
registered nurses, (C) licensed practical nurses, and (D) nurse's aides, 40
who will be responsible for direct patient care during the shift; 41
(4) Total number of hours such (A) advanced practice registered 42
nurses, (B) registered nurses, (C) licensed practical nurses, and (D) 43
nurse's aides are scheduled to work during the shift; and 44
(5) Total number of nursing home facility residents. 45 Substitute Bill No. 375
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(c) In addition to the information posted pursuant to subsection (b) 46
of this section, each nursing home facility shall post the following 47
information on a daily basis, at the beginning of each shift, in a legible 48
format and in a conspicuous place readily accessible to and visible by 49
residents, employees and visitors of the nursing home facility, 50
including, but not limited to, persons in a wheelchair: 51
(1) The minimum number of nursing home facility staff per shift 52
that is required by the regulations of Connecticut state agencies to be 53
responsible for providing direct patient care to residents of the nursing 54
home facility; and 55
(2) The telephone number or Internet web site that a resident, 56
employee or visitor of the nursing home facility may use to report a 57
suspected violation by the nursing home facility of a regulatory 58
requirement concerning staffing levels and direct patient care. 59
(d) Each nursing home facility shall, upon oral or written request, 60
make the daily information posted pursuant to subsections (b) and (c) 61
of this section available to the public for review. The nursing home 62
facility shall retain such information for not less than eighteen months 63
from the date such information was posted. 64
Sec. 3. (NEW) (Effective October 1, 2019) (a) If the Commissioner of 65
Public Health finds that a nursing home facility has substantially failed 66
to comply with a nursing home facility staffing level requirement 67
established pursuant to the regulations of Connecticut state agencies, 68
the commissioner may (1) take any disciplinary action against the 69
nursing home facility permitted under section 19a-494 of the general 70
statutes, and (2) issue or cause to be issued a citation to the licensee of 71
such nursing home facility pursuant to the provisions of section 19a-72
524 of the general statutes. 73
(b) A violation of a nursing home facility staffing level requirement 74
set forth in the regulations of Connecticut state agencies shall be 75
prominently posted in the nursing home facility and included in the 76 Substitute Bill No. 375
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listing prepared by the Department of Public Health pursuant to the 77
provisions of section 19a-540 of the general statutes. 78
Sec. 4. Section 19a-532 of the general statutes is repealed and the 79
following is substituted in lieu thereof (Effective October 1, 2019): 80
No nursing home facility or residential care home shall discharge or 81
in any manner discriminate or retaliate against any [patient in] 82
resident of any nursing home facility or residential care home, or any 83
relative, guardian, conservator or sponsoring agency thereof or against 84
any employee of any nursing home facility or residential care home or 85
against any other person because such [patient] resident, relative, 86
guardian, conservator, sponsoring agency, employee or other person 87
has filed any complaint or instituted or caused to be instituted any 88
proceeding under sections 17a-411, 17a-413, 19a-531 to 19a-534, 89
inclusive, 19a-536 to 19a-539, inclusive, 19a-550, 19a-553, [and] 19a-554 90
or section 2 of this act, or has testified or is about to testify in any such 91
proceeding or because of the exercise by such [patient] resident, 92
relative, guardian, conservator, sponsoring agency, employee or other 93
person on behalf of himself, herself or others of any right afforded by 94
said sections. Notwithstanding any other provision of the general 95
statutes, any nursing home facility or residential care home that 96
violates any provision of this section shall (1) be liable to the injured 97
party for treble damages, and (2) (A) reinstate the employee, if the 98
employee was terminated from employment in violation of any 99
provision of this section, or (B) restore the resident to his or her living 100
situation prior to such discrimination or retaliation, including his or 101
her housing arrangement or other living conditions within the nursing 102
home facility or residential care home, as appropriate, if the resident's 103
living situation was changed in violation of any provision of this 104
section. For purposes of this section, "discriminate or retaliate" 105
includes, but is not limited to, the discharge, demotion, suspension or 106
any other detrimental change in terms or conditions of employment or 107
residency, or the threat of any such action. 108 Substitute Bill No. 375
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This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2019 New section
Sec. 2 October 1, 2019 New section
Sec. 3 October 1, 2019 New section
Sec. 4 October 1, 2019 19a-532
PH Joint Favorable Subst.