Connecticut 2021 2021 Regular Session

Connecticut Senate Bill SB01030 Comm Sub / Analysis

Filed 05/28/2021

                     
Researcher: ND 	Page 1 	5/28/21 
 
 
 
OLR Bill Analysis 
sSB 1030 (File 457, as amended by Senate "A")* 
 
AN ACT CONCERNING LONG -TERM CARE FACILITIES.  
 
TABLE OF CONTENTS: 
SUMMARY 
§ 1 — INFECTION PREVENTIONISTS 
Requires nursing homes and dementia special care units to employ a full-time infection 
and prevention control specialist; requires this specialist to work a rotating schedule that 
covers each eight-hour shift at least once monthly 
§ 2 — LOCAL EMERGENCY OPER ATIONS PLAN 
Requires a nursing home’s and dementia special care unit’s administrative head to 
provide its emergency operations plan to the municipality where it is located to assist the 
municipality in developing the local emergency operations plan required under the 
Interstate Mutual Aid Compact 
§ 3 — PERSONAL PROTECTIVE EQUIPMENT 
Requires nursing homes to maintain at least a two-month supply of personal protective 
equipment for their staff 
§ 4 — INTRAVENOUS LINES 
Requires a nursing home’s administrative head to ensure there is at least one staff 
member or contracted professional available on-call during each shift who is licensed or 
certified to start an intravenous line 
§ 5 — NURSING HOME INFECTION PREVENTION AND CONTROL 
COMMITTEES 
Generally, requires a nursing home’s infection prevention and control committee to meet 
at least monthly, and, during an infectious disease outbreak, daily 
§ 6 — INFECTIOUS DISEASE TESTING IN NURSING HOMES 
Requires nursing homes to test staff and residents for an infectious disease during an 
outbreak at an appropriate frequency determined by DPH 
§ 7 — FAMILY COUNCILS 
Requires each nursing home’s and dementia special care unit’s administrative head, by 
January 1, 2022, to encourage and assist in the establishment of a family council to 
encourage and support open communication between the facility and residents’ families 
and friends 
§ 8 — RESIDENT VISITATION AT NURSING HOMES 
Requires nursing homes, by January 1, 2022, to take certain actions to ensure residents 
have regular opportunities for in-person and virtual visitation with family members and 
friends and that their social and emotional needs are met  2021SB-01030-R01-BA.DOCX 
 
Researcher: ND 	Page 2 	5/28/21 
 
§ 9 — PUBLIC HEALTH PREPAREDNESS ADVISORY COMM ITTEE 
Requires the Public Health Preparedness Advisory Committee, by October 1, 2021, to 
amend the plan for emergency responses to public health emergencies to include 
responses related to nursing homes and dementia special care units and providers of 
community-based services to their residents 
§ 10 — NURSING HOME MINIMUM STAFFING LEVELS 
Requires DPH, by January 1, 2022, to modify minimum nursing home daily staffing levels 
to require at least three hours of direct care per resident 
§ 11 — FUNDING FOR NURSING HOME INFRASTRUCTURE 
IMPROVEMENTS 
Requires DPH to seek available federal or state funds for nursing home infrastructure 
improvements and report to the Public Health Committee by January 1, 2022 
BACKGROUND 
 
SUMMARY 
This bill makes various unrelated changes concerning nursing 
homes and dementia special care units and the delivery of long-term 
care (LTC) services. Under the bill, a “dementia special care unit” is a 
unit in an assisted living facility that locks, secures, segregates, or 
provides special programs or units for residents diagnosed with 
probable Alzheimer’s disease, dementia, or another similar disorder. 
The unit or program must be one that prevents or limits access by a 
resident outside the designated or separated area or advertises or 
markets itself as providing specialized care or services for those with 
Alzheimer’s disease or dementia. 
*Senate Amendment “A” applies the bill’s provisions to nursing 
homes, and in some cases, dementia special care units, instead of all 
LTC facilities. It also removes the provisions in the underlying bill on 
the (1) CDC’s Nursing Home Infection Preventionist Training Course, 
(2) essential caregiver program, (3) LTC facility resident 
communication devices, and (4) resident electronic monitoring devices 
in nursing homes. Lastly, it adds the definition of “dementia special 
care unit,” and modifies several provisions in the underlying bill. 
EFFECTIVE DATE:  October 1, 2021, except the provisions requiring 
(1) the Public Health Preparedness Advisory Committee to amend its 
public health emergency response plan and (2) DPH to seek available 
state and federal funding for nursing home infrastructure  2021SB-01030-R01-BA.DOCX 
 
Researcher: ND 	Page 3 	5/28/21 
 
improvements take effect upon passage. 
§ 1 — INFECTION PREVENTION ISTS 
Requires nursing homes and dementia special care units to employ a full-time infection 
and prevention control specialist; requires this specialist to work a rotating schedule that 
covers each eight-hour shift at least once monthly 
The bill requires each nursing home and dementia special care unit 
(hereafter “facility”) to employ a full-time infection and prevention 
control specialist responsible for: 
1. ongoing administrator and employee training on infection 
prevention and control using multiple training methods, 
including in-person training and providing written materials in 
English and Spanish; 
2. (a) including information on infection prevention and control in 
the documentation the facility provides to residents regarding 
their rights while in the facility and (b) posting the information 
in areas visible to residents; 
3. participating as a member of the facility’s infection prevention 
and control committee and reporting to the committee at its 
regular meetings on the administrator and employee training he 
or she provided as described above;  
4. providing training on infection prevention and control methods 
to the facility’s supplemental or replacement staff in the event of 
an infectious disease outbreak or other situation reducing the 
facility’s staffing levels; and 
5. any other duties or responsibilities the facility deems 
appropriate. 
Under the bill, each nursing home and dementia special care unit 
must require its infection and prevention control specialist to work on 
a rotating schedule that ensures he or she covers each eight-hour shift 
at least once monthly to ensure compliance with relevant infection 
control standards.   2021SB-01030-R01-BA.DOCX 
 
Researcher: ND 	Page 4 	5/28/21 
 
§ 2 — LOCAL EMERGENCY OPER ATIONS PLAN 
Requires a nursing home’s and dementia special care unit’s administrative head to provide 
its emergency operations plan to the municipality where it is located to assist the 
municipality in developing the local emergency operations plan required under the 
Interstate Mutual Aid Compact  
The bill requires the administrative head of each nursing home and 
dementia special care unit to provide its emergency operations plan to 
the municipality in which the facility is located. The facility must do 
this by January 1, 2022, to assist the municipality in developing its 
emergency operations plan required under the Interstate Mutual Aid 
Compact. This compact, by law, provides a legal framework for 
municipalities to request and provide mutual aid when any member 
municipality declares a local civil preparedness emergency.  
§ 3 — PERSONAL PROTECTIVE EQUIPMENT 
Requires nursing homes to maintain at least a two-month supply of personal protective 
equipment for their staff  
The bill requires each nursing home’s administrative head to ensure 
that the (1) home maintains at least a two-month supply of personal 
protective equipment (PPE) for its staff and (2) PPE is of various sizes 
based on staff’s needs. 
Under the bill, PPE cannot be shared among facility staff and may 
only be used in accordance with the federal Centers for Disease 
Control and Prevention’s (CDC) strategies to optimize PPE supplies in 
health care settings.  
The bill also requires administrative heads to hold staff fittings for 
N95 masks or higher rated masks certified by the National Institute for 
Occupational Safety and Health, at a frequency the Department of 
Public Health (DPH) determines.  
The bill requires the Department of Emergency Management and 
Homeland Security, by January 1, 2022, to consult with DPH and 
establish a process to evaluate, provide feedback on, approve, and 
distribute PPE for use by nursing homes in a public health emergency.  
§ 4 — INTRAVENOUS LINES  2021SB-01030-R01-BA.DOCX 
 
Researcher: ND 	Page 5 	5/28/21 
 
Requires a nursing home’s administrative head to ensure there is at least one staff member 
or contracted professional available on-call during each shift who is licensed or certified to 
start an intravenous line 
The bill requires each nursing home’s administrative head to ensure 
that there is at least one staff member or contracted professional 
available on-call during each shift who is licensed or certified to start 
an intravenous line.  
§ 5 — NURSING HOME INFECTI ON PREVENTION AND CO NTROL 
COMMITTEES 
Generally, requires a nursing home’s infection prevention and control committee to meet 
at least monthly, and, during an infectious disease outbreak, daily 
The bill requires a nursing home’s infection prevention and control 
committee to meet at least monthly and, during an infectious disease 
outbreak, daily. But if daily meetings disrupt the home’s operations, 
the committee must instead meet at least weekly.  
Under the bill, the committee is responsible for establishing 
infection prevention and control protocols for the nursing home and 
monitoring the home’s infection prevention and control specialist. It 
must also evaluate (1) the implementation and outcome of these 
protocols and (2) whether the specialist is satisfactorily performing his 
or her responsibilities. The committee must conduct this evaluation at 
least annually and after every infectious disease outbreak at the home.  
§ 6 — INFECTIOUS DISEASE TESTING IN NURSING HOMES  
Requires nursing homes to test staff and residents for an infectious disease during an 
outbreak at an appropriate frequency determined by DPH 
The bill requires nursing homes to test staff and residents for an 
infectious disease during an outbreak. They must do so at an 
appropriate frequency determined by DPH based on the circumstances 
surrounding the outbreak and the impact of testing on controlling it.  
§ 7 — FAMILY COUNCILS 
Requires each nursing home’s and dementia special care unit’s administrative head, by 
January 1, 2022, to encourage and assist in the establishment of a family council to 
encourage and support open communication between the facility and residents’ families 
and friends 
The bill requires each nursing home’s and dementia special care  2021SB-01030-R01-BA.DOCX 
 
Researcher: ND 	Page 6 	5/28/21 
 
unit’s administrative head, by January 1, 2022, to encourage and assist 
in the establishment of a family council to support open 
communication between the facility and each resident’s family 
members and friends. Under the bill, a “family council” is an 
independent, self-determining group of residents’ family members and 
friends that is geared to meeting the needs and interests of residents 
and their families and friends. 
§ 8 — RESIDENT VISITATION AT NURSING HOMES 
Requires nursing homes, by January 1, 2022, to take certain actions to ensure residents 
have regular opportunities for in-person and virtual visitation with family members and 
friends and that their social and emotional needs are met 
The bill requires each nursing home’s administrative head, by 
January 1, 2022, to ensure that each resident’s care plan includes the 
following: 
1. measures to address the resident’s social, emotional, and mental 
health needs, including opportunities for social connection and 
strategies to minimize social isolation; 
2. visitation protocols and any other information relevant to 
visitation written in plain language and in a form and manner 
that may be reasonably understood by the resident and his or 
her family and friends; and 
3. information on the role of the Office of the State Long-Term 
Care Ombudsman, including the office’s contact information. 
The bill also requires each administrative head, by this date, to 
ensure that the home’s staff is educated on best practices for 
addressing residents’ social, emotional, and mental health needs and 
all components of person-centered care.  
§ 9 — PUBLIC HEALTH PREPAREDNESS ADVI SORY COMMITTEE 
Requires the Public Health Preparedness Advisory Committee, by October 1, 2021, to 
amend the plan for emergency responses to public health emergencies to include responses 
related to nursing homes and dementia special care units and providers of community-
based services to their residents 
The bill requires the state’s Public Health Preparedness Advisory  2021SB-01030-R01-BA.DOCX 
 
Researcher: ND 	Page 7 	5/28/21 
 
Committee, by October 1, 2021, to amend the plan for emergency 
responses to public health emergencies to include a plan for 
emergency responses related to nursing homes and dementia special 
care units and providers of community-based services to their 
residents.  
By law, the committee advises DPH on responses to public health 
emergencies. It consists of the DPH and emergency services and public 
protection commissioners; six top legislative leaders; the chairs and 
ranking members of the Public Health, Public Safety, and Judiciary 
committees; representatives of municipal and district health directors 
appointed by the DPH commissioner; and any other organizations or 
individuals the DPH commissioner deems relevant to the effort. 
§ 10 — NURSING HOME MINIMUM STAFFING LEVELS 
Requires DPH, by January 1, 2022, to modify minimum nursing home daily staffing 
levels to require at least three hours of direct care per resident 
The bill requires DPH, by January 1, 2022, to modify minimum 
staffing levels in nursing homes as follows: 
1. establish at least three hours of direct care per resident per day; 
2. modify staffing level requirements for social workers and 
recreational staff to require (a) one full-time social worker per 60 
residents and (b) recreational staffing levels lower than current 
requirements, as the DPH commissioner deems appropriate; 
and 
3. adopt regulations to implement the above requirements.  
Current law requires nursing homes to maintain aggregate licensed 
nurse and nurse’s aide staffing levels of at least 1.9 hours of direct care 
per resident per day (see BACKGROUND). 
§ 11 — FUNDING FOR NURSING HOME INFRASTRUCTURE 
IMPROVEMENTS 
Requires DPH to seek available federal or state funds for nursing home infrastructure 
improvements and report to the Public Health Committee by January 1, 2022  
The bill requires DPH to seek available federal or state funds for  2021SB-01030-R01-BA.DOCX 
 
Researcher: ND 	Page 8 	5/28/21 
 
infrastructure improvements to the state’s nursing homes. It requires 
the commissioner, by January 1, 2022, to report to the Public Health 
Committee on her success in accessing such funding. 
BACKGROUND 
Current Minimum Nurse Staffing Standards for Nursing Homes 
DPH licenses nursing homes at two levels of care: (1) chronic and 
convalescent nursing homes (CCNHs), which provide skilled nursing 
care, and (2) rest homes with nursing supervision (RHNS), which 
provide intermediate care. (Nursing homes generally have been 
phasing out RHNS beds or converting them to CCNH beds.) 
Minimum staffing requirements for CCNHs and RHNSs are set by 
regulation and depend on the time of day, as shown in the table below 
(Conn. Agencies Reg. § 19-13-D8t(m)).  
Table 1: Minimum Nurse Staffing Requirements for Nursing Homes 
Direct Care 
Personnel 
  
CCNH 	RHNS 
7 a.m. to 9 p.m. 9 p.m. to 7 a.m. 7 a.m. to 9 p.m. 9 p.m. to 7 a.m. 
Licensed Nursing 
Personnel 
0.47 hours per 
patient (hpp)  
(28 min.) 
0.17 hpp  
(10 min.) 
0.23 hpp 
(14 min.) 
0.08 hpp 
(5 min.) 
Total Nurses and 
Nurse Aide 
Personnel 
1.40 hpp 
(1 hr. 24 min.) 
0.50 hpp 
(30 min.) 
0.70 hpp 
(42 min.) 
0.17 hpp 
(10 min.) 
 
Related Bills 
SB 973, favorably reported by the Aging Committee, requires the 
long-term care ombudsman and executive director of the Commission 
on Women, Children, Seniors, Equity and Opportunity to seek 
testimony from family councils on statewide policies, legislative 
proposals, or regulations on LTC facility conditions. 
SB 1057, favorably reported by the Human Services Committee, 
requires DPH to establish nursing home minimum staffing levels of 4.1  2021SB-01030-R01-BA.DOCX 
 
Researcher: ND 	Page 9 	5/28/21 
 
hours of direct care, including 0.75 hours by a registered nurse, 0.54 
hours by a licensed practical nurse, and 2.81 hours by a certified 
nurse’s assistant. 
sHB 6595 and sSB 1002, both reported favorably by the Labor and 
Public Employees Committee, contain provisions that generally 
require (1) the DPH commissioner to amass stockpiles of PPE (§ 8 in 
both bills) and (2) LTC providers to maintain an unexpired inventory 
of new PPE sufficient for 90 days of surge consumption during a state 
of emergency (§ 10 in both bills). 
COMMITTEE ACTION 
Public Health Committee 
Joint Favorable Substitute 
Yea 32 Nay 1 (03/29/2021)