Connecticut 2021 Regular Session

Connecticut House Bill HB06634 Compare Versions

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Version 2 (New)

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	7	+	General Assembly Substitute Bill No. 6634
	8	+	January Session, 2021
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4		-	Substitute House Bill No. 6634
5		-
6		-	Public Act No. 21-71
7		-
8		-
9	12		AN ACT CONCERNING ES SENTIAL SUPPORT PERS ONS AND A
10		-	STATE-WIDE VISITATION POLICY FOR RESIDENTS OF LONG -
11		-	~~TERM~~ CARE FACILITIES.
	13	+	STATE-WIDE VISITATION POLICY FOR RESIDENTS OF LONG-TERM
	14	+	CARE FACILITIES.
12	15		Be it enacted by the Senate and House of Representatives in General
13	16		Assembly convened:
14	17
15		-	Section 1. (NEW) (Effective from passage) (a) As used in this section,
16		-	section 2 of this act and subsection (b) of section 17a-408 of the general
17		-	statutes, as amended by this act, (1) "primary essential support person"
18		-	means a person designated by a long-term care facility resident, or a
19		-	resident representative, who may visit with the resident in accordance
20		-	with rules set by the Commissioner of Public Health to provide essential
21		-	support as reflected in the resident's person-centered plan of care; (2)
22		-	"essential support" means support that includes, but is not limited to,
23		-	(A) assistance with activities of daily living, and (B) physical, emotional,
24		-	psychological and socialization support for the resident; (3) "secondary
25		-	essential support person" means a person designated by the resident, or
26		-	resident representative, to serve as a backup to a primary essential
27		-	support person; (4) "person-centered plan of care" means a care plan for
28		-	a resident developed by a resident or resident representative in
29		-	consultation with health professionals that focuses on the resident's
30		-	physical, emotional, psychological and socialization needs and includes
31		-	a primary essential support person or secondary essential support
32		-	person designated by a resident; and (5) "long-term care facility" means Substitute House Bill No. 6634
	18	+	Section 1. (NEW) (Effective from passage) (a) As used in this section, 1
	19	+	section 2 of this act and subsection (b) of section 17a-408 of the general 2
	20	+	statutes, as amended by this act, (1) "primary essential support person" 3
	21	+	means a person designated by a long-term care facility resident, or a 4
	22	+	resident representative, who may visit with the resident in accordance 5
	23	+	with rules set by the Commissioner of Public Health to provide essential 6
	24	+	support as reflected in the resident's person-centered plan of care; (2) 7
	25	+	"essential support" means support that includes, but is not limited to, 8
	26	+	(A) assistance with activities of daily living, and (B) physical, emotional, 9
	27	+	psychological and socialization support for the resident; (3) "secondary 10
	28	+	essential support person" means a person designated by the resident, or 11
	29	+	resident representative, to serve as a backup to a primary essential 12
	30	+	support person; (4) "person-centered plan of care" means a care plan for 13
	31	+	a resident developed by a resident or resident representative in 14
	32	+	consultation with health professionals that focuses on the resident's 15
	33	+	physical, emotional, psychological and socialization needs and includes 16
	34	+	a primary essential support person or secondary essential support 17
	35	+	person designated by a resident; and (5) "long-term care facility" means 18
	36	+	a nursing home facility, as defined in section 19a-490 of the general 19 Substitute Bill No. 6634
33	37
34		-	Public Act No. 21-71 2 of 7
35	38
36		-	a nursing home facility, as defined in section 19a-490 of the general
37		-	statutes, or a managed residential community, as defined in section 19a-
38		-	693 of the general statutes that provides services offered by an assisted
39		-	living services agency, as defined in section 19a-490 of the general
40		-	statutes.
41		-	(b) A long-term care facility resident, or a resident representative,
42		-	may designate a primary essential support person and a secondary
43		-	essential support person who may visit the resident despite general
44		-	visitation restrictions imposed on other visitors, provided the primary
45		-	essential support person or secondary essential support person
46		-	complies with any rules promulgated by the Commissioner of Public
47		-	Health pursuant to section 2 of this act to protect the health, safety and
48		-	well-being of long-term care facility residents.
49		-	Sec. 2. (NEW) (Effective from passage) (a) The Commissioner of Public
50		-	Health shall establish a state-wide policy for visitation with a long-term
51		-	care facility resident. The policy shall be applicable to all long-term care
52		-	facilities and shall incorporate a long-term care facility resident's need
53		-	for health, safety and well-being, including, but not limited to, the
54		-	essential support provided by a primary or secondary essential support
55		-	person.
56		-	(b) In the event of a public health emergency declared by the
57		-	Governor in accordance with section 19a-131a of the general statutes,
58		-	the Commissioner of Public Health shall, in accordance with applicable
59		-	federal requirements and guidance, set forth requirements for visitation
60		-	with a long-term care facility resident, provided such requirements
61		-	incorporate a resident's need for essential support provided by a
62		-	primary or secondary essential support person and other visitors. Such
63		-	requirements shall include, but need not be limited to, the
64		-	circumstances, if any, under which a long-term care facility may restrict
65		-	visitors, including, but not limited to, primary essential support persons
66		-	and secondary essential support persons designated by a long-term care Substitute House Bill No. 6634
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67	42
68		-	Public Act No. 21-71 3 of 7
	43	+	statutes, or a managed residential community, as defined in section 19a-20
	44	+	693 of the general statutes that provides services offered by an assisted 21
	45	+	living services agency, as defined in section 19a-490 of the general 22
	46	+	statutes. 23
	47	+	(b) A long-term care facility resident, or a resident representative, 24
	48	+	may designate a primary essential support person and a secondary 25
	49	+	essential support person who may visit the resident despite general 26
	50	+	visitation restrictions imposed on other visitors, provided the primary 27
	51	+	essential support person or secondary essential support person 28
	52	+	complies with any rules promulgated by the Commissioner of Public 29
	53	+	Health pursuant to section 2 of this act to protect the health, safety and 30
	54	+	well-being of long-term care facility residents. 31
	55	+	Sec. 2. (NEW) (Effective from passage) (a) The Commissioner of Public 32
	56	+	Health shall establish a state-wide policy for visitation with a long-term 33
	57	+	care facility resident. The policy shall be applicable to all long-term care 34
	58	+	facilities and shall incorporate a long-term care facility resident's need 35
	59	+	for health, safety and well-being, including, but not limited to, the 36
	60	+	essential support provided by a primary or secondary essential support 37
	61	+	person. 38
	62	+	(b) In the event of a public health emergency declared by the 39
	63	+	Governor in accordance with section 19a-131a of the general statutes, 40
	64	+	the Commissioner of Public Health shall, in accordance with applicable 41
	65	+	federal requirements and guidance, set forth requirements for visitation 42
	66	+	with a long-term care facility resident, provided such requirements 43
	67	+	incorporate a resident's need for essential support provided by a 44
	68	+	primary or secondary essential support person and other visitors. Such 45
	69	+	requirements shall include, but need not be limited to, the 46
	70	+	circumstances, if any, under which a long-term care facility may restrict 47
	71	+	visitors, including, but not limited to, primary essential support persons 48
	72	+	and secondary essential support persons designated by a long-term care 49
	73	+	facility resident. The requirements shall address, at a minimum: 50
	74	+	(1) Arrangements for visitation with a long-term care facility resident 51 Substitute Bill No. 6634
69	75
70		-	facility resident. The requirements shall address, at a minimum:
71		-	(1) Arrangements for visitation with a long-term care facility resident
72		-	through various means, including, but not limited to, (A) outdoor
73		-	visitation, (B) the use of technologies to facilitate virtual visitation, and
74		-	(C) indoor visitation that is allowed whether or not the resident is
75		-	nearing the end of his or her life, as determined by the resident's
76		-	attending health care professionals;
77		-	(2) The needs of a long-term care facility resident for physical,
78		-	emotional, psychological and socialization support based on the
79		-	resident's person-centered plan of care;
80		-	(3) Safety protocols for all visitors to a long-term care facility,
81		-	including, but not limited to, primary or secondary essential support
82		-	persons, in the event of a communicable disease outbreak or public
83		-	health emergency declared by the Governor in accordance with section
84		-	19a-131a of the general statutes;
85		-	(4) Permission for visitation with a long-term care facility resident by
86		-	a primary essential support person or secondary essential support
87		-	person despite general visitation restrictions, provided the primary
88		-	essential support person or secondary essential support person
89		-	complies with safety protocols established by the commissioner and the
90		-	commissioner determines that such visitation will benefit the health,
91		-	safety and well-being of the resident; and
92		-	(5) In the event a long-term care facility resident has not designated a
93		-	primary essential support person, a requirement that staff of a long-term
94		-	care facility work with the resident or a resident representative, a family
95		-	member of the resident or the State Ombudsman appointed pursuant to
96		-	section 17a-405 of the general statutes to identify a primary essential
97		-	support person and provide access by such person to the resident.
98		-	Sec. 3. Subsection (b) of section 17a-408 of the general statutes is Substitute House Bill No. 6634
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100		-	Public Act No. 21-71 4 of 7
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102		-	repealed and the following is substituted in lieu thereof (Effective from
103		-	passage):
104		-	(b) The State Ombudsman shall serve on a full-time basis, and shall
105		-	personally or through representatives of the office:
106		-	(1) Identify, investigate and resolve complaints that:
107		-	(A) Are made by, or on behalf of, residents or, as to complaints
108		-	involving the application for admission to a long-term care facility, by
109		-	or on behalf of applicants; and
110		-	(B) Relate to action, inaction or decisions that may adversely affect
111		-	the health, safety, welfare or rights of the residents, including the
112		-	welfare and rights of the residents with respect to the appointment and
113		-	activities of guardians and representative payees, of (i) providers or
114		-	representatives of providers of long-term care services, (ii) public
115		-	agencies, or (iii) health and social service agencies;
116		-	(2) Provide services to protect the health, safety, welfare and rights of
117		-	the residents, including, but not limited to, services designed to address
118		-	the impact of socialization, visitation and the role of primary or
119		-	secondary essential support persons on the health, safety and well-being
120		-	of residents;
121		-	(3) Inform the residents about means of obtaining services provided
122		-	by providers or agencies described in subparagraph (B) of subdivision
123		-	(1) of this subsection or services described in subdivision (2) of this
124		-	subsection;
125		-	(4) Ensure that the residents and, as to issues involving applications
126		-	for admission to long-term care facilities, applicants have regular and
127		-	timely access to the services provided through the office and that the
128		-	residents and complainants receive timely responses from
129		-	representatives of the office to complaints; Substitute House Bill No. 6634
	81	+	through various means, including, but not limited to, (A) outdoor 52
	82	+	visitation, (B) the use of technologies to facilitate virtual visitation, and 53
	83	+	(C) indoor visitation that is allowed whether or not the resident is 54
	84	+	nearing the end of his or her life, as determined by the resident's 55
	85	+	attending health care professionals; 56
	86	+	(2) The needs of a long-term care facility resident for physical, 57
	87	+	emotional, psychological and socialization support based on the 58
	88	+	resident's person-centered plan of care; 59
	89	+	(3) Safety protocols for all visitors to a long-term care facility, 60
	90	+	including, but not limited to, primary or secondary essential support 61
	91	+	persons, in the event of a communicable disease outbreak or public 62
	92	+	health emergency declared by the Governor in accordance with section 63
	93	+	19a-131a of the general statutes; 64
	94	+	(4) Permission for visitation with a long-term care facility resident by 65
	95	+	a primary essential support person or secondary essential support 66
	96	+	person despite general visitation restrictions, provided the primary 67
	97	+	essential support person or secondary essential support person 68
	98	+	complies with safety protocols established by the commissioner and the 69
	99	+	commissioner determines that such visitation will benefit the health, 70
	100	+	safety and well-being of the resident; and 71
	101	+	(5) In the event a long-term care facility resident has not designated a 72
	102	+	primary essential support person, a requirement that staff of a long-term 73
	103	+	care facility work with the resident or a resident representative, a family 74
	104	+	member of the resident or the State Ombudsman appointed pursuant to 75
	105	+	section 17a-405 of the general statutes to identify a primary essential 76
	106	+	support person and provide access by such person to the resident. 77
	107	+	Sec. 3. Subsection (b) of section 17a-408 of the general statutes is 78
	108	+	repealed and the following is substituted in lieu thereof (Effective from 79
	109	+	passage): 80
	110	+	(b) The State Ombudsman shall serve on a full-time basis, and shall 81
	111	+	personally or through representatives of the office: 82 Substitute Bill No. 6634
130	112
131		-	Public Act No. 21-71 5 of 7
132	113
133		-	(5) Represent the interests of the residents, and of applicants in
134		-	relation to issues concerning applications to long-term care facilities,
135		-	before governmental agencies and seek administrative, legal and other
136		-	remedies to protect the health, safety, welfare and rights of the residents;
137		-	(6) Provide administrative and technical assistance to representatives
138		-	of the office and training in areas including, but not limited to,
139		-	Alzheimer's disease and dementia symptoms and care;
140		-	(7) (A) Analyze, comment on and monitor the development and
141		-	implementation of federal, state and local laws, regulations, and other
142		-	governmental policies and actions that pertain to the health, safety,
143		-	welfare and rights of the residents with respect to the adequacy of long-
144		-	term care facilities and services in this state and to the rights of
145		-	applicants in relation to applications to long-term care facilities;
146		-	(B) Recommend any changes in such laws, regulations, policies and
147		-	actions as the office determines to be appropriate; and
148		-	(C) Facilitate public comment on such laws, regulations, policies and
149		-	actions;
150		-	(8) Advocate for:
151		-	(A) Any changes in federal, state and local laws, regulations and
152		-	other governmental policies and actions that pertain to the health,
153		-	safety, welfare and rights of residents with respect to the adequacy of
154		-	long-term care facilities and services in this state and to the health,
155		-	safety, welfare and rights of applicants which the State Ombudsman
156		-	determines to be appropriate;
157		-	(B) Appropriate action by groups or agencies with jurisdictional
158		-	authority to deal with problems affecting individual residents and the
159		-	general resident population and applicants in relation to issues
160		-	concerning applications to long-term care facilities; and Substitute House Bill No. 6634
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161	117
162		-	Public Act No. 21-71 6 of 7
	118	+	(1) Identify, investigate and resolve complaints that: 83
	119	+	(A) Are made by, or on behalf of, residents or, as to complaints 84
	120	+	involving the application for admission to a long-term care facility, by 85
	121	+	or on behalf of applicants; and 86
	122	+	(B) Relate to action, inaction or decisions that may adversely affect 87
	123	+	the health, safety, welfare or rights of the residents, including the 88
	124	+	welfare and rights of the residents with respect to the appointment and 89
	125	+	activities of guardians and representative payees, of (i) providers or 90
	126	+	representatives of providers of long-term care services, (ii) public 91
	127	+	agencies, or (iii) health and social service agencies; 92
	128	+	(2) Provide services to protect the health, safety, welfare and rights of 93
	129	+	the residents, including, but not limited to, services designed to address 94
	130	+	the impact of socialization, visitation and the role of primary or 95
	131	+	secondary essential support persons on the health, safety and well-being 96
	132	+	of residents; 97
	133	+	(3) Inform the residents about means of obtaining services provided 98
	134	+	by providers or agencies described in subparagraph (B) of subdivision 99
	135	+	(1) of this subsection or services described in subdivision (2) of this 100
	136	+	subsection; 101
	137	+	(4) Ensure that the residents and, as to issues involving applications 102
	138	+	for admission to long-term care facilities, applicants have regular and 103
	139	+	timely access to the services provided through the office and that the 104
	140	+	residents and complainants receive timely responses from 105
	141	+	representatives of the office to complaints; 106
	142	+	(5) Represent the interests of the residents, and of applicants in 107
	143	+	relation to issues concerning applications to long-term care facilities, 108
	144	+	before governmental agencies and seek administrative, legal and other 109
	145	+	remedies to protect the health, safety, welfare and rights of the residents; 110
	146	+	(6) Provide administrative and technical assistance to representatives 111
	147	+	of the office and training in areas including, but not limited to, 112 Substitute Bill No. 6634
163	148
164		-	(C) The enactment of legislative recommendations by the General
165		-	Assembly and of regulatory recommendations by commissioners of
166		-	Connecticut state agencies;
167		-	(9) (A) Provide for training representatives of the office;
168		-	(B) Promote the development of citizen organizations to participate
169		-	in the program; and
170		-	(C) Provide technical support for the development of resident and
171		-	family councils to protect the well-being and rights of residents;
172		-	(10) Coordinate ombudsman services with the protection and
173		-	advocacy systems for individuals with developmental disabilities and
174		-	mental illnesses established under (A) Part A of the Development
175		-	Disabilities Assistance and Bill of Rights Act (42 USC 6001, et seq.), and
176		-	(B) The Protection and Advocacy for Mentally Ill Individuals Act of 1986
177		-	(42 USC 10801 et seq.);
178		-	(11) Coordinate, to the greatest extent possible, ombudsman services
179		-	with legal assistance provided under Section 306(a)(2)(C) of the federal
180		-	Older Americans Act of 1965, (42 USC 3026(a)(2)(C)) as amended from
181		-	time to time, through the adoption of memoranda of understanding and
182		-	other means;
183		-	(12) Create, and periodically update as needed, a training manual for
184		-	nursing home facilities identified in section 19a-522c that provides
185		-	guidance on structuring and implementing the training required by said
186		-	section;
187		-	(13) Develop policies and procedures regarding the communication
188		-	and documentation of informed consent in the case of resident
189		-	complaints, including, but not limited to, the use of auxiliary aids and
190		-	services or the use of a resident representative; and Substitute House Bill No. 6634
191	149
192		-	Public Act No. 21-71 7 of 7
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193	153
194		-	(14) Carry out such other activities and duties as may be required
195		-	under federal law.
	154	+	Alzheimer's disease and dementia symptoms and care; 113
	155	+	(7) (A) Analyze, comment on and monitor the development and 114
	156	+	implementation of federal, state and local laws, regulations, and other 115
	157	+	governmental policies and actions that pertain to the health, safety, 116
	158	+	welfare and rights of the residents with respect to the adequacy of long-117
	159	+	term care facilities and services in this state and to the rights of 118
	160	+	applicants in relation to applications to long-term care facilities; 119
	161	+	(B) Recommend any changes in such laws, regulations, policies and 120
	162	+	actions as the office determines to be appropriate; and 121
	163	+	(C) Facilitate public comment on such laws, regulations, policies and 122
	164	+	actions; 123
	165	+	(8) Advocate for: 124
	166	+	(A) Any changes in federal, state and local laws, regulations and 125
	167	+	other governmental policies and actions that pertain to the health, 126
	168	+	safety, welfare and rights of residents with respect to the adequacy of 127
	169	+	long-term care facilities and services in this state and to the health, 128
	170	+	safety, welfare and rights of applicants which the State Ombudsman 129
	171	+	determines to be appropriate; 130
	172	+	(B) Appropriate action by groups or agencies with jurisdictional 131
	173	+	authority to deal with problems affecting individual residents and the 132
	174	+	general resident population and applicants in relation to issues 133
	175	+	concerning applications to long-term care facilities; and 134
	176	+	(C) The enactment of legislative recommendations by the General 135
	177	+	Assembly and of regulatory recommendations by commissioners of 136
	178	+	Connecticut state agencies; 137
	179	+	(9) (A) Provide for training representatives of the office; 138
	180	+	(B) Promote the development of citizen organizations to participate 139
	181	+	in the program; and 140 Substitute Bill No. 6634
196	182
	183	+
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	187	+
	188	+	(C) Provide technical support for the development of resident and 141
	189	+	family councils to protect the well-being and rights of residents; 142
	190	+	(10) Coordinate ombudsman services with the protection and 143
	191	+	advocacy systems for individuals with developmental disabilities and 144
	192	+	mental illnesses established under (A) Part A of the Development 145
	193	+	Disabilities Assistance and Bill of Rights Act (42 USC 6001, et seq.), and 146
	194	+	(B) The Protection and Advocacy for Mentally Ill Individuals Act of 1986 147
	195	+	(42 USC 10801 et seq.); 148
	196	+	(11) Coordinate, to the greatest extent possible, ombudsman services 149
	197	+	with legal assistance provided under Section 306(a)(2)(C) of the federal 150
	198	+	Older Americans Act of 1965, (42 USC 3026(a)(2)(C)) as amended from 151
	199	+	time to time, through the adoption of memoranda of understanding and 152
	200	+	other means; 153
	201	+	(12) Create, and periodically update as needed, a training manual for 154
	202	+	nursing home facilities identified in section 19a-522c that provides 155
	203	+	guidance on structuring and implementing the training required by said 156
	204	+	section; 157
	205	+	(13) Develop policies and procedures regarding the communication 158
	206	+	and documentation of informed consent in the case of resident 159
	207	+	complaints, including, but not limited to, the use of auxiliary aids and 160
	208	+	services or the use of a resident representative; and 161
	209	+	(14) Carry out such other activities and duties as may be required 162
	210	+	under federal law. 163
	211	+	This act shall take effect as follows and shall amend the following
	212	+	sections:
	213	+
	214	+	Section 1 from passage New section
	215	+	Sec. 2 from passage New section
	216	+	Sec. 3 from passage 17a-408(b)
	217	+	Substitute Bill No. 6634
	218	+
	219	+
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	223	+
	224	+	Statement of Legislative Commissioners:
	225	+	In Sections 1 to 3, inclusive, "essential support person", "an essential
	226	+	support person" or "any essential support person" was changed to
	227	+	"primary essential support person" or "a primary essential support
	228	+	person" and "essential support persons" was changed to "primary or
	229	+	secondary essential support persons" for clarity and internal
	230	+	consistency.
	231	+
	232	+
	233	+	HS Joint Favorable Subst. -LCO
197	234