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General Assembly Raised Bill No. 6634
January Session, 2021
LCO No. 4955
Referred to Committee on HUMAN SERVICES
Introduced by:
(HS)
AN ACT CONCERNING ES SENTIAL SUPPORT PERS ONS AND A
STATE-WIDE VISITATION POLICY FOR RESIDENTS OF LONG -TERM
CARE FACILITIES.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (NEW) (Effective from passage) (a) As used in this section, 1
section 2 of this act and subsection (b) of section 17a-408 of the general 2
statutes, as amended by this act, (1) "essential support person" means a 3
person designated by a long-term care facility resident, or a resident 4
representative, who may visit with the resident in accordance with rules 5
set by the Commissioner of Public Health to provide essential support 6
as reflected in the resident's person-centered plan of care; (2) "essential 7
support" means support that includes, but is not limited to, (A) 8
assistance with activities of daily living, and (B) physical, emotional, 9
psychological and socialization support for the resident; (3) "secondary 10
essential support person" means a person designated by the resident, or 11
resident representative, to serve as a backup to a primary essential 12
support person; (4) "person-centered plan of care" means a care plan for 13
a resident developed by a resident or resident representative in 14
consultation with health professionals that focuses on the resident's 15 Raised Bill No. 6634
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physical, emotional, psychological and socialization needs and includes 16
any essential support person or secondary essential support person 17
designated by a resident; and (5) "long-term care facility" means a 18
nursing home facility, as defined in section 19a-490 of the general 19
statutes, or a managed residential community, as defined in section 19a-20
693 of the general statutes that provides services offered by an assisted 21
living services agency, as defined in section 19a-490 of the general 22
statutes. 23
(b) A long-term care facility resident, or a resident representative, 24
may designate an essential support person and a secondary essential 25
support person who may visit the resident despite general visitation 26
restrictions imposed on other visitors, provided the essential support 27
person or secondary essential support person complies with any rules 28
promulgated by the Commissioner of Public Health pursuant to section 29
2 of this act to protect the health, safety and well-being of long-term care 30
facility residents. 31
Sec. 2. (NEW) (Effective from passage) (a) The Commissioner of Public 32
Health shall establish a state-wide policy for visitation with a long-term 33
care facility resident. The policy shall be applicable to all long-term care 34
facilities and shall incorporate a long-term care facility resident's need 35
for health, safety and well-being, including, but not limited to, the 36
essential support provided by an essential support person. 37
(b) In the event of a public health emergency declared by the 38
Governor in accordance with section 19a-131a of the general statutes, 39
the Commissioner of Public Health shall, in accordance with applicable 40
federal requirements and guidance, set forth requirements for visitation 41
with a long-term care facility resident, provided such requirements 42
incorporate a resident's need for essential support provided by an 43
essential support person and other visitors. Such requirements shall 44
include, but need not be limited to, the circumstances, if any, under 45
which a long-term care facility may restrict visitors, including, but not 46
limited to, essential support persons and secondary essential support 47
persons designated by a long-term care facility resident. The 48 Raised Bill No. 6634
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requirements shall address, at a minimum: 49
(1) Arrangements for visitation with a long-term care facility resident 50
through various means, including, but not limited to, (A) outdoor 51
visitation, (B) the use of technologies to facilitate virtual visitation, and 52
(C) indoor visitation that is allowed whether or not the resident is 53
nearing the end of his or her life, as determined by the resident's 54
attending health care professionals; 55
(2) The needs of a long-term care facility resident for physical, 56
emotional, psychological and socialization support based on the 57
resident's person-centered plan of care; 58
(3) Safety protocols for all visitors to a long-term care facility, 59
including, but not limited to, essential support persons, in the event of 60
a communicable disease outbreak or public health emergency declared 61
by the Governor in accordance with section 19a-131a of the general 62
statutes; 63
(4) Permission for visitation with a long-term care facility resident by 64
an essential support person or secondary essential support person 65
despite general visitation restrictions, provided the essential support 66
person or secondary essential support person complies with safety 67
protocols established by the commissioner and the commissioner 68
determines that such visitation will benefit the health, safety and well-69
being of the resident; and 70
(5) In the event a long-term care facility resident has not designated 71
an essential support person, a requirement that staff of a long-term care 72
facility work with the resident or a resident representative, a family 73
member of the resident or the State Ombudsman appointed pursuant to 74
section 17a-405 of the general statutes to identify an essential support 75
person and provide access by such person to the resident. 76
Sec. 3. Subsection (b) of section 17a-408 of the general statutes is 77
repealed and the following is substituted in lieu thereof (Effective from 78
passage): 79 Raised Bill No. 6634
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(b) The State Ombudsman shall serve on a full-time basis, and shall 80
personally or through representatives of the office: 81
(1) Identify, investigate and resolve complaints that: 82
(A) Are made by, or on behalf of, residents or, as to complaints 83
involving the application for admission to a long-term care facility, by 84
or on behalf of applicants; and 85
(B) Relate to action, inaction or decisions that may adversely affect 86
the health, safety, welfare or rights of the residents, including the 87
welfare and rights of the residents with respect to the appointment and 88
activities of guardians and representative payees, of (i) providers or 89
representatives of providers of long-term care services, (ii) public 90
agencies, or (iii) health and social service agencies; 91
(2) Provide services to protect the health, safety, welfare and rights of 92
the residents, including, but not limited to, services designed to address 93
the impact of socialization, visitation and the role of essential support 94
persons on the health, safety and well-being of residents; 95
(3) Inform the residents about means of obtaining services provided 96
by providers or agencies described in subparagraph (B) of subdivision 97
(1) of this subsection or services described in subdivision (2) of this 98
subsection; 99
(4) Ensure that the residents and, as to issues involving applications 100
for admission to long-term care facilities, applicants have regular and 101
timely access to the services provided through the office and that the 102
residents and complainants receive timely responses from 103
representatives of the office to complaints; 104
(5) Represent the interests of the residents, and of applicants in 105
relation to issues concerning applications to long-term care facilities, 106
before governmental agencies and seek administrative, legal and other 107
remedies to protect the health, safety, welfare and rights of the residents; 108
(6) Provide administrative and technical assistance to representatives 109 Raised Bill No. 6634
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of the office and training in areas including, but not limited to, 110
Alzheimer's disease and dementia symptoms and care; 111
(7) (A) Analyze, comment on and monitor the development and 112
implementation of federal, state and local laws, regulations, and other 113
governmental policies and actions that pertain to the health, safety, 114
welfare and rights of the residents with respect to the adequacy of long-115
term care facilities and services in this state and to the rights of 116
applicants in relation to applications to long-term care facilities; 117
(B) Recommend any changes in such laws, regulations, policies and 118
actions as the office determines to be appropriate; and 119
(C) Facilitate public comment on such laws, regulations, policies and 120
actions; 121
(8) Advocate for: 122
(A) Any changes in federal, state and local laws, regulations and 123
other governmental policies and actions that pertain to the health, 124
safety, welfare and rights of residents with respect to the adequacy of 125
long-term care facilities and services in this state and to the health, 126
safety, welfare and rights of applicants which the State Ombudsman 127
determines to be appropriate; 128
(B) Appropriate action by groups or agencies with jurisdictional 129
authority to deal with problems affecting individual residents and the 130
general resident population and applicants in relation to issues 131
concerning applications to long-term care facilities; and 132
(C) The enactment of legislative recommendations by the General 133
Assembly and of regulatory recommendations by commissioners of 134
Connecticut state agencies; 135
(9) (A) Provide for training representatives of the office; 136
(B) Promote the development of citizen organizations to participate 137
in the program; and 138 Raised Bill No. 6634
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(C) Provide technical support for the development of resident and 139
family councils to protect the well-being and rights of residents; 140
(10) Coordinate ombudsman services with the protection and 141
advocacy systems for individuals with developmental disabilities and 142
mental illnesses established under (A) Part A of the Development 143
Disabilities Assistance and Bill of Rights Act (42 USC 6001, et seq.), and 144
(B) The Protection and Advocacy for Mentally Ill Individuals Act of 1986 145
(42 USC 10801 et seq.); 146
(11) Coordinate, to the greatest extent possible, ombudsman services 147
with legal assistance provided under Section 306(a)(2)(C) of the federal 148
Older Americans Act of 1965, (42 USC 3026(a)(2)(C)) as amended from 149
time to time, through the adoption of memoranda of understanding and 150
other means; 151
(12) Create, and periodically update as needed, a training manual for 152
nursing home facilities identified in section 19a-522c that provides 153
guidance on structuring and implementing the training required by said 154
section; 155
(13) Develop policies and procedures regarding the communication 156
and documentation of informed consent in the case of resident 157
complaints, including, but not limited to, the use of auxiliary aids and 158
services or the use of a resident representative; and 159
(14) Carry out such other activities and duties as may be required 160
under federal law. 161
This act shall take effect as follows and shall amend the following
sections:
Section 1 from passage New section
Sec. 2 from passage New section
Sec. 3 from passage 17a-408(b)
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Statement of Purpose:
To allow long-term care facility residents to designate essential support
persons who may visit and support their physical, emotional,
psychological and socialization needs despite other visitation
restrictions and to establish a state-wide visitation policy at long-term
care facilities.
[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.]