Researcher: ND Page 1 3/29/21
OLR Bill Analysis
SB 922
AN ACT CONCERNING REVISIONS TO THE STATUTES
PERTAINING TO DISCHARGES IN A RESIDENTIAL CARE HOME.
SUMMARY
This bill modifies requirements for the involuntary discharge of
residential care home (RCH) residents to allow RCHs to qualify as
Medicaid home- and community-based settings. Principally, it:
1. requires the written discharge notice that RCHs provide to
residents and their legally liable representatives to include
contact information for the long-term care ombudsman, and for
residents with mental illness or intellectual disability, also
include the contact information for Disability Rights
Connecticut;
2. requires RCHs to provide residents with a discharge plan for
alternate residency within seven days after issuing the
discharge notice and, in the case of an appeal, submit it to the
Department of Public Health (DPH) on or before the required
hearing date;
3. requires DPH to make a determination on an RCH’s request for
an immediate, emergency transfer within 20 days after the
required hearing (current law does not specify a deadline);
4. requires DPH to send a copy of the emergency discharge
determination to the resident, the resident’s legally liable
representative, and the long-term care ombudsman;
5. requires DPH, if it determines an emergency discharge is not
warranted, to proceed with a hearing under the regular
involuntary discharge process; and 2021SB-00922-R000188-BA.DOCX
Researcher: ND Page 2 3/29/21
6. allows an RCH or a resident aggrieved by a DPH decision to
appeal to the Superior Court and requires the court to consider
the appeal a privileged case.
The bill defines “emergency” as a situation in which a resident
presents an imminent danger to the health and safety of him- or
herself, another resident, or an owner or employee of the facility.
Lastly, the bill makes minor, technical, and conforming changes.
EFFECTIVE DATE: October 1, 2021
WRITTEN DISCHARGE NO TICE
By law, RCHs must provide residents, and their legally liable
representatives, a written discharge notice, at least 30 days prior to the
date of an involuntary transfer, that includes the reason for the transfer
and the resident’s right to appeal the discharge. The bill also requires
the notice to:
1. include the resident’s right to represent him- or herself or be
represented by legal counsel in an appeal;
2. include the contact information for the long-term care
ombudsman, and for residents with mental illness or
intellectual disability, also include the contact information for
Disability Rights Connecticut;
3. be sent electronically or by fax to the ombudsman the same day
it is given to the resident; and
4. be in a form and manner the DPH commissioner prescribes.
SUPERIOR COURT APPEA LS
The bill allows an RCH or a resident who is aggrieved by the DPH
commissioner’s final decision to appeal to the Superior Court in
accordance with the Uniform Administrative Procedure Act. Under the
bill, filling an appeal with the court does not in itself stay the DPH
decision. The court must consider these appeals as privileged cases in
order to dispose of them with the least possible delay. 2021SB-00922-R000188-BA.DOCX
Researcher: ND Page 3 3/29/21
COMMITTEE ACTION
Public Health Committee
Joint Favorable
Yea 31 Nay 2 (03/12/2021)