Connecticut 2021 Regular Session

Connecticut Senate Bill SB00922 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3		-	LCO \\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00922-R01-
4		-	SB.docx
5		-	1 of 5
6	3
7		-	General Assembly Substitute Bill No. 922
	4	+	LCO No. 3621 1 of 5
	5	+
	6	+	General Assembly Raised Bill No. 922
8	7		January Session, 2021
	8	+	LCO No. 3621
	9	+
	10	+
	11	+	Referred to Committee on PUBLIC HEALTH
	12	+
	13	+
	14	+	Introduced by:
	15	+	(PH)
	16	+
9	17
10	18
11	19
12	20		AN ACT CONCERNING RE VISIONS TO THE STATUTES PERTAINING
13	21		TO DISCHARGES IN A RESIDENTIAL CARE HOM E.
14	22		Be it enacted by the Senate and House of Representatives in General
15	23		Assembly convened:
16	24
17	25		Section 1. Section 19a-535a of the general statutes is repealed and the 1
18	26		following is substituted in lieu thereof (Effective October 1, 2021): 2
19	27		(a) As used in this section: [, a "facility"] 3
20	28		(1) "Facility" means a residential care home, as defined in section 19a-4
21	29		490; 5
22	30		(2) "Emergency" means a situation in which a resident of a facility 6
23	31		presents an imminent danger to his or her own health or safety, the 7
24	32		health or safety of another resident or the health or safety of an 8
25	33		employee or the owner of the facility; 9
26	34		(3) "Department" means the Department of Public Health; and 10
27	35		(4) "Commissioner" means the Commissioner of Public Health, or the 11
28		-	commissioner's designee. 12
	36	+	commissioner's designee. 12 Raised Bill No. 922
	37	+
	38	+
	39	+
	40	+	LCO No. 3621 2 of 5
	41	+
29	42		(b) A facility shall not transfer or discharge a resident from the facility 13
30	43		unless (1) the transfer or discharge is necessary to meet the resident's 14
31	44		welfare and the resident's welfare cannot be met in the facility, (2) the 15
32		-	transfer or discharge is appropriate because the resident's health has 16 Substitute Bill No. 922
33		-
34		-
35		-	LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00922-
36		-	R01-SB.docx }
37		-	2 of 5
38		-
	45	+	transfer or discharge is appropriate because the resident's health has 16
39	46		improved sufficiently so the resident no longer needs the services 17
40	47		provided by the facility, (3) the health or safety of individuals in the 18
41	48		facility is endangered, (4) the resident has failed, after reasonable and 19
42	49		appropriate notice, to pay for a stay or a requested service [,] at the 20
43	50		facility, or (5) the facility ceases to operate. In the case of an involuntary 21
44	51		transfer or discharge, the facility shall provide written notice to the 22
45	52		resident and, if known, [his] the resident's legally liable relative, 23
46	53		guardian or conservator [shall be given a thirty-day written notification 24
47		-	which includes] ~~not less than~~ thirty days prior to the proposed ~~transfer~~ 25
48		-	~~or discharge date,~~ except when the facility has requested an immediate 26
49		-	~~transfer or~~ discharge in accordance with subsection (e) of this section. 27
50		-	~~Such notice~~ shall include the reason for the transfer or discharge, [and 28
51		-	~~notice of] the~~ effective date of the ~~transfer or~~ discharge, the right of the 29
52		-	~~resident to appeal a~~ transfer or discharge by the facility pursuant to 30
53		-	~~subsection (d) of this~~ section and the resident's right to represent himself 31
54		-	~~or herself or be~~ represented by legal counsel. Such notice shall be in a 32
55		-	~~form and manner~~ prescribed by the commissioner, as modified from 33
56		-	~~time to time, and~~ shall include the name, mailing address and telephone 34
57		-	~~number of the~~ State Long-Term Care Ombudsman and be sent by 35
58		-	~~facsimile or~~ electronic communication to the Office of the Long-Term 36
59		-	~~Care~~ Ombudsman on the same day as the notice is given to the resident. 37
60		-	If the facility knows the resident has, or the facility alleges that the 38
61		-	~~resident~~ has, a mental illness or an intellectual disability, the notice shall 39
62		-	~~also~~ include the name, mailing address and telephone number of the 40
63		-	~~entity~~ designated by the Governor in accordance with section 46a-10b to 41
64		-	~~serve~~ as the Connecticut protection and advocacy system. No resident 42
65		-	~~shall~~ be involuntarily transferred or discharged from a facility if such 43
66		-	~~transfer~~ or discharge presents imminent danger of death to the resident. 44
	54	+	which includes] at least thirty days prior to the proposed discharge date, 25
	55	+	except when the facility has requested an immediate transfer or 26
	56	+	discharge in accordance with subsection (e) of this section. Such notice 27
	57	+	shall include the reason for the transfer or discharge, [and notice of] the 28
	58	+	effective date of the discharge, the right of the resident to appeal a 29
	59	+	transfer or discharge by the facility pursuant to subsection (d) of this 30
	60	+	section and the resident's right to represent himself or herself or be 31
	61	+	represented by legal counsel. Such notice shall be in a form and manner 32
	62	+	prescribed by the commissioner, as modified from time to time, and 33
	63	+	shall include the name, mailing address and telephone number of the 34
	64	+	State Long-Term Care Ombudsman and be sent by facsimile o r 35
	65	+	electronic communication to the Office of the Long-Term Care 36
	66	+	Ombudsman on the same day as the notice is given to the resident. If 37
	67	+	the facility knows the resident has, or the facility alleges that the resident 38
	68	+	has, a mental illness or an intellectual disability, the notice shall also 39
	69	+	include the name, mailing address and telephone number of the entity 40
	70	+	designated by the Governor in accordance with section 46a-10b to serve 41
	71	+	as the Connecticut protection and advocacy system. No resident shall 42
	72	+	be involuntarily transferred or discharged from a facility if such transfer 43
	73	+	or discharge presents imminent danger of death to the resident. 44
67	74		(c) The facility shall be responsible for assisting the resident in finding 45
68		-	[appropriate placement] an alternative residence. A discharge plan, 46
	75	+	[appropriate placement] an alternative residence. A discharge plan, 46 Raised Bill No. 922
	76	+
	77	+
	78	+
	79	+	LCO No. 3621 3 of 5
	80	+
69	81		prepared by the facility, [which indicates] in a form and manner 47
70	82		prescribed by the commissioner, as modified from time to time, shall 48
71	83		include the resident's individual needs and shall [accompany the 49
72		-	patient] be submitted to the resident not later than seven days after the 50 Substitute Bill No. 922
73		-
74		-
75		-	LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00922-
76		-	R01-SB.docx }
77		-	3 of 5
78		-
79		-	notice of transfer or discharge is issued to the resident. The facility shall 51
80		-	submit the discharge plan to the commissioner at or before the hearing 52
81		-	held pursuant to subsection (d) of this section. 53
	84	+	patient] be submitted to the resident not later than seven days after the 50
	85	+	notice of discharge is issued to the resident. The facility shall submit the 51
	86	+	discharge plan to the commissioner at or before the hearing held 52
	87	+	pursuant to subsection (d) of this section. 53
82	88		(d) (1) [For transfers or discharges effected on or after October 1, 1989, 54
83	89		a] A resident or [his] the resident's legally liable relative, guardian or 55
84	90		conservator who has been notified by a facility, pursuant to subsection 56
85	91		(b) of this section, that [he] the resident will be transferred or discharged 57
86	92		from the facility may appeal such transfer or discharge to the 58
87	93		Commissioner of Public Health by filing a request for a hearing with the 59
88	94		commissioner [within] not later than ten days [of] after the receipt of 60
89	95		such notice. Upon receipt of any such request, the commissioner [or his 61
90	96		designee] shall hold a hearing to determine whether the transfer or 62
91	97		discharge is being effected in accordance with this section. Such a 63
92	98		hearing shall be held [within] not later than seven business days [of] 64
93	99		after the receipt of such request. [and a determination made by the] The 65
94	100		commissioner [or his designee within] shall issue a decision not later 66
95	101		than twenty days [of the termination of] after the closing of the hearing 67
96	102		record. The hearing shall be conducted in accordance with chapter 54. 68
97	103		[(2) In an emergency the facility may request that the commissioner 69
98	104		make a determination as to the need for an immediate transfer or 70
99	105		discharge of a resident. Before making such a determination, the 71
100	106		commissioner shall notify the resident and, if known, his legally liable 72
101	107		relative, guardian or conservator. The commissioner shall issue such a 73
102	108		determination no later than seven days after receipt of the request for 74
103	109		such determination. If, as a result of such a request, the commissioner or 75
104	110		his designee determines that a failure to effect an immediate transfer or 76
105	111		discharge would endanger the health, safety or welfare of the resident 77
106	112		or other residents, the commissioner or his designee shall order the 78
107	113		immediate transfer or discharge of the resident from the facility. A 79
108		-	hearing shall be held in accordance with the requirements of 80
	114	+	hearing shall be held in accordance with the requirements of 80 Raised Bill No. 922
	115	+
	116	+
	117	+
	118	+	LCO No. 3621 4 of 5
	119	+
109	120		subdivision (1) of this subsection within seven business days of the 81
110	121		issuance of any determination issued pursuant to this subdivision. 82
111		-	(3) Any involuntary transfer or discharge shall be stayed pending a 83 Substitute Bill No. 922
112		-
113		-
114		-	LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00922-
115		-	R01-SB.docx }
116		-	4 of 5
117		-
	122	+	(3) Any involuntary transfer or discharge shall be stayed pending a 83
118	123		determination by the commissioner or his designee. Notwithstanding 84
119	124		any provision of the general statutes, the determination of the 85
120	125		commissioner or his designee after a hearing shall be final and binding 86
121	126		upon all parties and not subject to any further appeal.] 87
122	127		(2) Any involuntary transfer or discharge that is appealed under this 88
123	128		subsection shall be stayed pending a final determination by the 89
124	129		commissioner. 90
125	130		(3) The commissioner shall send a copy of his or her decision 91
126	131		regarding a transfer or discharge to the facility, the resident and the 92
127	132		resident's legal guardian, conservator or other authorized 93
128	133		representative, if known, or the resident's legally liable relative or other 94
129	134		responsible party, and the State Long-Term Care Ombudsman. 95
130	135		(e) (1) In the case of an emergency, the facility may request that the 96
131	136		commissioner make a determination as to the need for an immediate 97
132	137		transfer or discharge of a resident by submitting a sworn affidavit 98
133	138		attesting to the basis for the emergency transfer or discharge. The facility 99
134	139		shall provide a copy of the request for an immediate transfer or 100
135	140		discharge to the resident and the notice described in subsection (b) of 101
136	141		this section. After receipt of such request, the commissioner may issue 102
137	142		an order for the immediate temporary transfer or discharge of the 103
138	143		resident from the facility. The temporary order shall remain in place 104
139	144		until a final decision is issued by the commissioner, unless earlier 105
140	145		rescinded. The commissioner shall issue the determination as to the 106
141	146		need for an immediate transfer or discharge of a resident not later than 107
142	147		seven days after receipt of the request from the facility. A hearing shall 108
143	148		be held not later than seven business days after the determination issued 109
144	149		pursuant to this section. The commissioner shall issue a decision not 110
145	150		later than twenty days after the closing of the hearing record. The 111
146		-	hearing shall be conducted in accordance with the provisions of chapter 112
	151	+	hearing shall be conducted in accordance with the provisions of chapter 112 Raised Bill No. 922
	152	+
	153	+
	154	+
	155	+	LCO No. 3621 5 of 5
	156	+
147	157		54. 113
148	158		(2) The commissioner shall send a copy of his or her decision 114
149		-	regarding an emergency transfer or discharge to the facility, the resident 115 Substitute Bill No. 922
150		-
151		-
152		-	LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00922-
153		-	R01-SB.docx }
154		-	5 of 5
155		-
	159	+	regarding an emergency transfer or discharge to the facility, the resident 115
156	160		and the resident's legal guardian, conservator or other authorized 116
157	161		representative, if known, or the resident's legally liable relative or other 117
158	162		responsible party and the State Long-Term Care Ombudsman. 118
159	163		(3) If the commissioner determines, based upon the request, that an 119
160	164		emergency does not exist, the commissioner shall proceed with a 120
161	165		hearing in accordance with the provisions of subsection (d) of this 121
162	166		section. 122
163	167		(f) A facility or resident who is aggrieved by a final decision of the 123
164	168		commissioner may appeal to the Superior Court in accordance with the 124
165	169		provisions of chapter 54. Pursuant to subsection (f) of section 4-183, the 125
166	170		filing of an appeal to the Superior Court shall not, of itself, stay 126
167	171		enforcement of an agency decision. The Superior Court shall consider 127
168	172		an appeal from a decision of the commissioner pursuant to this section 128
169	173		as a privileged case in order to dispose of the case with the least possible 129
170	174		delay. 130
171	175		This act shall take effect as follows and shall amend the following
172	176		sections:
173	177
174	178		Section 1 October 1, 2021 19a-535a
175	179
176		-	Statement of Legislative Commissioners:
177		-	In Sections 1(b) and 1(c), references to "discharge" were changed to
178		-	"transfer or discharge" for consistency.
179		-
180		-	PH Joint Favorable Subst. -LCO
	180	+	Statement of Purpose:
	181	+	To allow residential care homes to qualify as home and community
	182	+	based settings under the regulations of the Center for Medicare and
	183	+	Medicaid Services.
	184	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	185	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	186	+	underlined.]
181	187