Substitute Senate Bill No. 375
Public Act No. 19-89
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
and sections 2 and 3 of this act:
(1) "Nurse" means an advanced practice registered nurse, registered
nurse or licensed practical nurse licensed pursuant to chapter 378 of
the general statutes;
(2) "Advanced practice registered nurse" means an advanced
practice registered nurse licensed pursuant to chapter 378 of the
general statutes;
(3) "Registered nurse" means a registered nurse licensed pursuant to
chapter 378 of the general statutes;
(4) "Licensed practical nurse" means a practical nurse licensed
pursuant to chapter 378 of the general statutes;
(5) "Nurse's aide" means a nurse's aide registered pursuant to
chapter 378a of the general statutes;
(6) "Nursing home facility" has the same meaning as provided in Substitute Senate Bill No. 375
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section 19a-521 of the general statutes;
(7) "Transportation duty" means the responsibility of a nurse or
nurse's aide to accompany the resident while he or she is being
transported to or from the nursing home facility;
(8) "Direct patient care" means any care of a patient that is provided
personally by a nursing home facility staff member and includes, but is
not limited to, treatment, counseling, self-care and the administration
of medication; and
(9) "Primary portion of his or her shift" means six or more hours of
an eight-hour shift.
Sec. 2. (NEW) (Effective October 1, 2019) (a) Each nursing home
facility shall calculate on a daily basis, for the purposes of posting the
information required under subsection (b) of this section, the total
number of nurses and nurse's aides providing direct patient care to
residents of the nursing home facility. In calculating the total number,
a nursing home facility shall not include any nurse or nurse's aide who
is on transportation duty and who is not providing direct patient care
for the primary portion of his or her shift or any nurse or nurse's aide
who is categorized as a member of the nursing home facility's
management or administration and who is not providing direct patient
care for the primary portion of his or her shift.
(b) Each nursing home facility shall post, in accordance with 42 CFR
483.35(g), the following information on a daily basis at the beginning
of each shift, in a legible format and in a conspicuous place readily
accessible to and clearly visible by residents, employees and visitors of
the nursing home facility, including, but not limited to, persons in a
wheelchair:
(1) Name of the nursing home facility; Substitute Senate Bill No. 375
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(2) Date;
(3) Total number of (A) advanced practice registered nurses, (B)
registered nurses, (C) licensed practical nurses, and (D) nurse's aides,
who will be responsible for direct patient care during the shift;
(4) Total number of hours such (A) advanced practice registered
nurses, (B) registered nurses, (C) licensed practical nurses, and (D)
nurse's aides are scheduled to work during the shift; and
(5) Total number of nursing home facility residents.
(c) In addition to the information posted pursuant to subsection (b)
of this section, each nursing home facility shall post the following
information on a daily basis, at the beginning of each shift, in a legible
format and in a conspicuous place readily accessible to and visible by
residents, employees and visitors of the nursing home facility,
including, but not limited to, persons in a wheelchair:
(1) The minimum number of nursing home facility staff per shift
that is required by the regulations of Connecticut state agencies to be
responsible for providing direct patient care to residents of the nursing
home facility; and
(2) The telephone number or Internet web site that a resident,
employee or visitor of the nursing home facility may use to report a
suspected violation by the nursing home facility of a regulatory
requirement concerning staffing levels and direct patient care.
(d) Each nursing home facility shall, upon oral or written request,
make the daily information posted pursuant to subsections (b) and (c)
of this section available to the public for review. The nursing home
facility shall retain such information for not less than eighteen months
from the date such information was posted. Substitute Senate Bill No. 375
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Sec. 3. (NEW) (Effective October 1, 2019) (a) If the Commissioner of
Public Health finds that a nursing home facility has substantially failed
to comply with a nursing home facility staffing level requirement
established pursuant to the regulations of Connecticut state agencies,
the commissioner may (1) take any disciplinary action against the
nursing home facility permitted under section 19a-494 of the general
statutes, and (2) issue or cause to be issued a citation to the licensee of
such nursing home facility pursuant to the provisions of section 19a-
524 of the general statutes.
(b) A citation of a nursing home facility staffing level requirement
set forth in the regulations of Connecticut state agencies shall be
prominently posted in the nursing home facility and included in the
listing prepared by the Department of Public Health pursuant to the
provisions of section 19a-540 of the general statutes.
Sec. 4. Section 19a-532 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2019):
No nursing home facility or residential care home shall discharge or
in any manner discriminate or retaliate against any [patient in]
resident of any nursing home facility or residential care home, or any
relative, guardian, conservator or sponsoring agency thereof or against
any employee of any nursing home facility or residential care home or
against any other person because such [patient] resident, relative,
guardian, conservator, sponsoring agency, employee or other person
has filed any complaint or instituted or caused to be instituted any
proceeding under sections 17a-411, 17a-413, 19a-531 to 19a-534,
inclusive, 19a-536 to 19a-539, inclusive, 19a-550, 19a-553, [and] 19a-554
or section 2 of this act, or has testified or is about to testify in any such
proceeding or because of the exercise by such [patient] resident,
relative, guardian, conservator, sponsoring agency, employee or other
person on behalf of himself, herself or others of any right afforded by
said sections. Notwithstanding any other provision of the general Substitute Senate Bill No. 375
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statutes, any nursing home facility or residential care home that
violates any provision of this section shall (1) be liable to the injured
party for treble damages, and (2) (A) reinstate the employee, if the
employee was terminated from employment in violation of any
provision of this section, or (B) restore the resident to his or her living
situation prior to such discrimination or retaliation, including his or
her housing arrangement or other living conditions within the nursing
home facility or residential care home, as appropriate, if the resident's
living situation was changed in violation of any provision of this
section. For purposes of this section, "discriminate or retaliate"
includes, but is not limited to, the discharge, demotion, suspension or
any other detrimental change in terms or conditions of employment or
residency, or the threat of any such action.