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| 4 | 4 | | LCO No. 4766 1 of 2 |
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| 5 | 5 | | |
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| 6 | 6 | | General Assembly Raised Bill No. 1029 |
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| 7 | 7 | | January Session, 2021 |
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| 8 | 8 | | LCO No. 4766 |
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| 9 | 9 | | |
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| 10 | 10 | | |
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| 11 | 11 | | Referred to Committee on JUDICIARY |
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| 12 | 12 | | |
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| 13 | 13 | | |
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| 14 | 14 | | Introduced by: |
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| 15 | 15 | | (JUD) |
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| 16 | 16 | | |
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| 17 | 17 | | |
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| 18 | 18 | | |
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| 19 | 19 | | |
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| 20 | 20 | | AN ACT CONCERNING CA USES OF ACTION AGAIN ST LICENSED |
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| 21 | 21 | | NURSING HOME FACILIT IES FOR FAILURE TO MEET STAN DARDS |
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| 22 | 22 | | OF CARE RELATED TO C OVID-19. |
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| 23 | 23 | | Be it enacted by the Senate and House of Representatives in General |
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| 24 | 24 | | Assembly convened: |
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| 25 | 25 | | |
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| 26 | 26 | | Section 1. (NEW) (Effective from passage) (a) As used in this section, 1 |
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| 27 | 27 | | "COVID-19" means the respiratory disease designated by the World 2 |
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| 28 | 28 | | Health Organization on February 11, 2020, as coronavirus 2019, and any 3 |
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| 29 | 29 | | related mutation thereof recognized by the World Health Organization 4 |
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| 30 | 30 | | as a communicable respiratory disease. 5 |
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| 31 | 31 | | (b) Notwithstanding any provision of the general statutes, any person 6 |
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| 32 | 32 | | may bring a civil action in the superior court for the judicial district 7 |
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| 33 | 33 | | where such person resides for any loss, damage, injury or death arising 8 |
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| 34 | 34 | | from exposure to or transmission of COVID-19 at a nursing home, as 9 |
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| 35 | 35 | | defined in section 19a-490 of the general statutes, due to the failure of 10 |
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| 36 | 36 | | such nursing home to comply with, or negligence of such nursing home 11 |
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| 37 | 37 | | in complying with, any standard of care specified in guidance issued by 12 |
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| 38 | 38 | | the Department of Public Health or the National Centers for Disease 13 |
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| 39 | 39 | | Control and Prevention applicable to such nursing home at the relevant 14 Raised Bill No. 1029 |
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| 40 | 40 | | |
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| 41 | 41 | | |
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| 42 | 42 | | |
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| 43 | 43 | | LCO No. 4766 2 of 2 |
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| 44 | 44 | | |
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| 45 | 45 | | time, to recover damages and other appropriate relief. 15 |
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| 46 | 46 | | This act shall take effect as follows and shall amend the following |
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| 47 | 47 | | sections: |
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| 48 | 48 | | |
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| 49 | 49 | | Section 1 from passage New section |
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| 50 | 50 | | |
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| 51 | 51 | | Statement of Purpose: |
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| 52 | 52 | | To allow a person to bring a civil action against a licensed nursing home |
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| 53 | 53 | | facility for injuries resulting from the failure to comply with standards |
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| 54 | 54 | | of care related to COVID-19. |
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| 55 | 55 | | [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except |
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| 56 | 56 | | that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not |
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| 57 | 57 | | underlined.] |
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| 58 | 58 | | |
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