| 13 | | - | Section 1. (NEW) (Effective October 1, 2019) As used in this section |
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| 14 | | - | and sections 2 and 3 of this act: |
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| 15 | | - | (1) "Nurse" means an advanced practice registered nurse, registered |
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| 16 | | - | nurse or licensed practical nurse licensed pursuant to chapter 378 of |
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| 17 | | - | the general statutes; |
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| 18 | | - | (2) "Advanced practice registered nurse" means an advanced |
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| 19 | | - | practice registered nurse licensed pursuant to chapter 378 of the |
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| 20 | | - | general statutes; |
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| 21 | | - | (3) "Registered nurse" means a registered nurse licensed pursuant to |
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| 22 | | - | chapter 378 of the general statutes; |
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| 23 | | - | (4) "Licensed practical nurse" means a practical nurse licensed |
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| 24 | | - | pursuant to chapter 378 of the general statutes; |
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| 25 | | - | (5) "Nurse's aide" means a nurse's aide registered pursuant to |
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| 26 | | - | chapter 378a of the general statutes; |
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| 27 | | - | (6) "Nursing home facility" has the same meaning as provided in Substitute Senate Bill No. 375 |
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| 18 | + | Section 1. (NEW) (Effective October 1, 2019) As used in this section 1 |
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| 19 | + | and sections 2 and 3 of this act: 2 |
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| 20 | + | (1) "Nurse" means an advanced practice registered nurse, registered 3 |
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| 21 | + | nurse or licensed practical nurse licensed pursuant to chapter 378 of 4 |
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| 22 | + | the general statutes; 5 |
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| 23 | + | (2) "Advanced practice registered nurse" means an advanced 6 |
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| 24 | + | practice registered nurse licensed pursuant to chapter 378 of the 7 |
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| 25 | + | general statutes; 8 |
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| 26 | + | (3) "Registered nurse" means a registered nurse licensed pursuant to 9 |
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| 27 | + | chapter 378 of the general statutes; 10 |
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| 28 | + | (4) "Licensed practical nurse" means a practical nurse licensed 11 |
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| 29 | + | pursuant to chapter 378 of the general statutes; 12 |
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| 30 | + | (5) "Nurse's aide" means a nurse's aide registered pursuant to 13 |
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| 31 | + | chapter 378a of the general statutes; 14 |
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| 32 | + | (6) "Nursing home facility" has the same meaning as provided in 15 |
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| 33 | + | section 19a-521 of the general statutes; and 16 Substitute Bill No. 375 |
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| 31 | | - | section 19a-521 of the general statutes; |
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| 32 | | - | (7) "Transportation duty" means the responsibility of a nurse or |
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| 33 | | - | nurse's aide to accompany the resident while he or she is being |
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| 34 | | - | transported to or from the nursing home facility; |
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| 35 | | - | (8) "Direct patient care" means any care of a patient that is provided |
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| 36 | | - | personally by a nursing home facility staff member and includes, but is |
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| 37 | | - | not limited to, treatment, counseling, self-care and the administration |
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| 38 | | - | of medication; and |
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| 39 | | - | (9) "Primary portion of his or her shift" means six or more hours of |
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| 40 | | - | an eight-hour shift. |
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| 41 | | - | Sec. 2. (NEW) (Effective October 1, 2019) (a) Each nursing home |
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| 42 | | - | facility shall calculate on a daily basis, for the purposes of posting the |
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| 43 | | - | information required under subsection (b) of this section, the total |
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| 44 | | - | number of nurses and nurse's aides providing direct patient care to |
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| 45 | | - | residents of the nursing home facility. In calculating the total number, |
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| 46 | | - | a nursing home facility shall not include any nurse or nurse's aide who |
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| 47 | | - | is on transportation duty and who is not providing direct patient care |
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| 48 | | - | for the primary portion of his or her shift or any nurse or nurse's aide |
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| 49 | | - | who is categorized as a member of the nursing home facility's |
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| 50 | | - | management or administration and who is not providing direct patient |
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| 51 | | - | care for the primary portion of his or her shift. |
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| 52 | | - | (b) Each nursing home facility shall post, in accordance with 42 CFR |
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| 53 | | - | 483.35(g), the following information on a daily basis at the beginning |
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| 54 | | - | of each shift, in a legible format and in a conspicuous place readily |
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| 55 | | - | accessible to and clearly visible by residents, employees and visitors of |
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| 56 | | - | the nursing home facility, including, but not limited to, persons in a |
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| 57 | | - | wheelchair: |
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| 58 | | - | (1) Name of the nursing home facility; Substitute Senate Bill No. 375 |
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| 36 | + | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00375- |
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| 37 | + | R02-SB.docx } |
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| 38 | + | 2 of 5 |
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| 60 | | - | Public Act No. 19-89 3 of 5 |
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| 40 | + | (7) "Transportation duty" means the responsibility of a nurse or 17 |
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| 41 | + | nurse's aide to (A) ensure that a resident safely enters or exits from a 18 |
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| 42 | + | vehicle that is transporting the resident to or from the nursing home 19 |
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| 43 | + | facility, or (B) accompany the resident while he or she is being 20 |
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| 44 | + | transported to or from the nursing home facility. 21 |
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| 45 | + | Sec. 2. (NEW) (Effective October 1, 2019) (a) Each nursing home 22 |
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| 46 | + | facility shall calculate on a daily basis, for the purposes of posting the 23 |
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| 47 | + | information required under subsection (b) of this section, the total 24 |
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| 48 | + | number of nurses and nurse's aides providing direct patient care to 25 |
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| 49 | + | residents of the nursing home facility. In calculating the total number, 26 |
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| 50 | + | a nursing home facility shall not include any nurse or nurse's aide who 27 |
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| 51 | + | is on transportation duty for any part of the workday or any nurse or 28 |
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| 52 | + | nurse's aide who is categorized as a member of the nursing home 29 |
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| 53 | + | facility's management or administration. 30 |
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| 54 | + | (b) Each nursing home facility shall post, in accordance with 42 CFR 31 |
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| 55 | + | 483.35(g), the following information on a daily basis at the beginning 32 |
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| 56 | + | of each shift, in a legible format and in a conspicuous place readily 33 |
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| 57 | + | accessible to and clearly visible by residents, employees and visitors of 34 |
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| 58 | + | the nursing home facility, including, but not limited to, persons in a 35 |
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| 59 | + | wheelchair: 36 |
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| 60 | + | (1) Name of the nursing home facility; 37 |
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| 61 | + | (2) Date; 38 |
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| 62 | + | (3) Total number of (A) advanced practice registered nurses, (B) 39 |
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| 63 | + | registered nurses, (C) licensed practical nurses, and (D) nurse's aides, 40 |
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| 64 | + | who will be responsible for direct patient care during the shift; 41 |
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| 65 | + | (4) Total number of hours such (A) advanced practice registered 42 |
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| 66 | + | nurses, (B) registered nurses, (C) licensed practical nurses, and (D) 43 |
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| 67 | + | nurse's aides are scheduled to work during the shift; and 44 |
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| 68 | + | (5) Total number of nursing home facility residents. 45 Substitute Bill No. 375 |
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| 62 | | - | (2) Date; |
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| 63 | | - | (3) Total number of (A) advanced practice registered nurses, (B) |
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| 64 | | - | registered nurses, (C) licensed practical nurses, and (D) nurse's aides, |
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| 65 | | - | who will be responsible for direct patient care during the shift; |
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| 66 | | - | (4) Total number of hours such (A) advanced practice registered |
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| 67 | | - | nurses, (B) registered nurses, (C) licensed practical nurses, and (D) |
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| 68 | | - | nurse's aides are scheduled to work during the shift; and |
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| 69 | | - | (5) Total number of nursing home facility residents. |
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| 70 | | - | (c) In addition to the information posted pursuant to subsection (b) |
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| 71 | | - | of this section, each nursing home facility shall post the following |
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| 72 | | - | information on a daily basis, at the beginning of each shift, in a legible |
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| 73 | | - | format and in a conspicuous place readily accessible to and visible by |
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| 74 | | - | residents, employees and visitors of the nursing home facility, |
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| 75 | | - | including, but not limited to, persons in a wheelchair: |
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| 76 | | - | (1) The minimum number of nursing home facility staff per shift |
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| 77 | | - | that is required by the regulations of Connecticut state agencies to be |
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| 78 | | - | responsible for providing direct patient care to residents of the nursing |
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| 79 | | - | home facility; and |
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| 80 | | - | (2) The telephone number or Internet web site that a resident, |
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| 81 | | - | employee or visitor of the nursing home facility may use to report a |
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| 82 | | - | suspected violation by the nursing home facility of a regulatory |
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| 83 | | - | requirement concerning staffing levels and direct patient care. |
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| 84 | | - | (d) Each nursing home facility shall, upon oral or written request, |
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| 85 | | - | make the daily information posted pursuant to subsections (b) and (c) |
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| 86 | | - | of this section available to the public for review. The nursing home |
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| 87 | | - | facility shall retain such information for not less than eighteen months |
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| 88 | | - | from the date such information was posted. Substitute Senate Bill No. 375 |
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| 92 | | - | Sec. 3. (NEW) (Effective October 1, 2019) (a) If the Commissioner of |
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| 93 | | - | Public Health finds that a nursing home facility has substantially failed |
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| 94 | | - | to comply with a nursing home facility staffing level requirement |
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| 95 | | - | established pursuant to the regulations of Connecticut state agencies, |
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| 96 | | - | the commissioner may (1) take any disciplinary action against the |
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| 97 | | - | nursing home facility permitted under section 19a-494 of the general |
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| 98 | | - | statutes, and (2) issue or cause to be issued a citation to the licensee of |
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| 99 | | - | such nursing home facility pursuant to the provisions of section 19a- |
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| 100 | | - | 524 of the general statutes. |
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| 101 | | - | (b) A citation of a nursing home facility staffing level requirement |
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| 102 | | - | set forth in the regulations of Connecticut state agencies shall be |
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| 103 | | - | prominently posted in the nursing home facility and included in the |
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| 104 | | - | listing prepared by the Department of Public Health pursuant to the |
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| 105 | | - | provisions of section 19a-540 of the general statutes. |
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| 106 | | - | Sec. 4. Section 19a-532 of the general statutes is repealed and the |
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| 107 | | - | following is substituted in lieu thereof (Effective October 1, 2019): |
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| 108 | | - | No nursing home facility or residential care home shall discharge or |
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| 109 | | - | in any manner discriminate or retaliate against any [patient in] |
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| 110 | | - | resident of any nursing home facility or residential care home, or any |
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| 111 | | - | relative, guardian, conservator or sponsoring agency thereof or against |
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| 112 | | - | any employee of any nursing home facility or residential care home or |
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| 113 | | - | against any other person because such [patient] resident, relative, |
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| 114 | | - | guardian, conservator, sponsoring agency, employee or other person |
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| 115 | | - | has filed any complaint or instituted or caused to be instituted any |
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| 116 | | - | proceeding under sections 17a-411, 17a-413, 19a-531 to 19a-534, |
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| 117 | | - | inclusive, 19a-536 to 19a-539, inclusive, 19a-550, 19a-553, [and] 19a-554 |
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| 118 | | - | or section 2 of this act, or has testified or is about to testify in any such |
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| 119 | | - | proceeding or because of the exercise by such [patient] resident, |
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| 120 | | - | relative, guardian, conservator, sponsoring agency, employee or other |
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| 121 | | - | person on behalf of himself, herself or others of any right afforded by |
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| 122 | | - | said sections. Notwithstanding any other provision of the general Substitute Senate Bill No. 375 |
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| 75 | + | (c) In addition to the information posted pursuant to subsection (b) 46 |
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| 76 | + | of this section, each nursing home facility shall post the following 47 |
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| 77 | + | information on a daily basis, at the beginning of each shift, in a legible 48 |
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| 78 | + | format and in a conspicuous place readily accessible to and visible by 49 |
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| 79 | + | residents, employees and visitors of the nursing home facility, 50 |
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| 80 | + | including, but not limited to, persons in a wheelchair: 51 |
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| 81 | + | (1) The minimum number of nursing home facility staff per shift 52 |
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| 82 | + | that is required by the regulations of Connecticut state agencies to be 53 |
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| 83 | + | responsible for providing direct patient care to residents of the nursing 54 |
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| 84 | + | home facility; and 55 |
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| 85 | + | (2) The telephone number or Internet web site that a resident, 56 |
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| 86 | + | employee or visitor of the nursing home facility may use to report a 57 |
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| 87 | + | suspected violation by the nursing home facility of a regulatory 58 |
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| 88 | + | requirement concerning staffing levels and direct patient care. 59 |
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| 89 | + | (d) Each nursing home facility shall, upon oral or written request, 60 |
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| 90 | + | make the daily information posted pursuant to subsections (b) and (c) 61 |
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| 91 | + | of this section available to the public for review. The nursing home 62 |
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| 92 | + | facility shall retain such information for not less than eighteen months 63 |
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| 93 | + | from the date such information was posted. 64 |
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| 94 | + | Sec. 3. (NEW) (Effective October 1, 2019) (a) If the Commissioner of 65 |
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| 95 | + | Public Health finds that a nursing home facility has substantially failed 66 |
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| 96 | + | to comply with a nursing home facility staffing level requirement 67 |
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| 97 | + | established pursuant to the regulations of Connecticut state agencies, 68 |
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| 98 | + | the commissioner may (1) take any disciplinary action against the 69 |
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| 99 | + | nursing home facility permitted under section 19a-494 of the general 70 |
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| 100 | + | statutes, and (2) issue or cause to be issued a citation to the licensee of 71 |
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| 101 | + | such nursing home facility pursuant to the provisions of section 19a-72 |
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| 102 | + | 524 of the general statutes. 73 |
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| 103 | + | (b) A violation of a nursing home facility staffing level requirement 74 |
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| 104 | + | set forth in the regulations of Connecticut state agencies shall be 75 |
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| 105 | + | prominently posted in the nursing home facility and included in the 76 Substitute Bill No. 375 |
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| 126 | | - | statutes, any nursing home facility or residential care home that |
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| 127 | | - | violates any provision of this section shall (1) be liable to the injured |
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| 128 | | - | party for treble damages, and (2) (A) reinstate the employee, if the |
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| 129 | | - | employee was terminated from employment in violation of any |
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| 130 | | - | provision of this section, or (B) restore the resident to his or her living |
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| 131 | | - | situation prior to such discrimination or retaliation, including his or |
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| 132 | | - | her housing arrangement or other living conditions within the nursing |
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| 133 | | - | home facility or residential care home, as appropriate, if the resident's |
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| 134 | | - | living situation was changed in violation of any provision of this |
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| 135 | | - | section. For purposes of this section, "discriminate or retaliate" |
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| 136 | | - | includes, but is not limited to, the discharge, demotion, suspension or |
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| 137 | | - | any other detrimental change in terms or conditions of employment or |
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| 138 | | - | residency, or the threat of any such action. |
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| 108 | + | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00375- |
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| 109 | + | R02-SB.docx } |
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| 110 | + | 4 of 5 |
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| 111 | + | |
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| 112 | + | listing prepared by the Department of Public Health pursuant to the 77 |
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| 113 | + | provisions of section 19a-540 of the general statutes. 78 |
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| 114 | + | Sec. 4. Section 19a-532 of the general statutes is repealed and the 79 |
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| 115 | + | following is substituted in lieu thereof (Effective October 1, 2019): 80 |
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| 116 | + | No nursing home facility or residential care home shall discharge or 81 |
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| 117 | + | in any manner discriminate or retaliate against any [patient in] 82 |
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| 118 | + | resident of any nursing home facility or residential care home, or any 83 |
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| 119 | + | relative, guardian, conservator or sponsoring agency thereof or against 84 |
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| 120 | + | any employee of any nursing home facility or residential care home or 85 |
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| 121 | + | against any other person because such [patient] resident, relative, 86 |
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| 122 | + | guardian, conservator, sponsoring agency, employee or other person 87 |
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| 123 | + | has filed any complaint or instituted or caused to be instituted any 88 |
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| 124 | + | proceeding under sections 17a-411, 17a-413, 19a-531 to 19a-534, 89 |
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| 125 | + | inclusive, 19a-536 to 19a-539, inclusive, 19a-550, 19a-553, [and] 19a-554 90 |
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| 126 | + | or section 2 of this act, or has testified or is about to testify in any such 91 |
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| 127 | + | proceeding or because of the exercise by such [patient] resident, 92 |
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| 128 | + | relative, guardian, conservator, sponsoring agency, employee or other 93 |
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| 129 | + | person on behalf of himself, herself or others of any right afforded by 94 |
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| 130 | + | said sections. Notwithstanding any other provision of the general 95 |
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| 131 | + | statutes, any nursing home facility or residential care home that 96 |
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| 132 | + | violates any provision of this section shall (1) be liable to the injured 97 |
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| 133 | + | party for treble damages, and (2) (A) reinstate the employee, if the 98 |
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| 134 | + | employee was terminated from employment in violation of any 99 |
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| 135 | + | provision of this section, or (B) restore the resident to his or her living 100 |
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| 136 | + | situation prior to such discrimination or retaliation, including his or 101 |
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| 137 | + | her housing arrangement or other living conditions within the nursing 102 |
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| 138 | + | home facility or residential care home, as appropriate, if the resident's 103 |
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| 139 | + | living situation was changed in violation of any provision of this 104 |
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| 140 | + | section. For purposes of this section, "discriminate or retaliate" 105 |
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| 141 | + | includes, but is not limited to, the discharge, demotion, suspension or 106 |
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| 142 | + | any other detrimental change in terms or conditions of employment or 107 |
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| 143 | + | residency, or the threat of any such action. 108 Substitute Bill No. 375 |
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| 144 | + | |
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| 145 | + | |
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| 146 | + | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00375- |
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| 147 | + | R02-SB.docx } |
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| 148 | + | 5 of 5 |
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| 149 | + | |
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| 150 | + | This act shall take effect as follows and shall amend the following |
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| 151 | + | sections: |
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| 152 | + | |
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| 153 | + | Section 1 October 1, 2019 New section |
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| 154 | + | Sec. 2 October 1, 2019 New section |
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| 155 | + | Sec. 3 October 1, 2019 New section |
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| 156 | + | Sec. 4 October 1, 2019 19a-532 |
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| 157 | + | |
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| 158 | + | PH Joint Favorable Subst. |
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