Researcher: ND Page 1 4/13/22
OLR Bill Analysis
SB 453
AN ACT CONCERNING THE DEPARTMENT OF PUBLIC HEALTH'S
RECOMMENDATIONS REGARDING TRANSFERS AND
DISCHARGES OF RESIDENTIAL CARE HOME RESIDENTS.
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 does the
following:
1. requires the written discharge notice to include contact
information for (a) the long-term care ombudsman for RCH
residents and their legally liable residents and (b) Disability
Rights Connecticut, Inc. for residents with mental illness or
intellectual disability;
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
6. allows an RCH or a resident aggrieved by a DPH decision to
appeal to the Superior Court and requires the court to consider 2022SB-00453-R000453-BA.DOCX
Researcher: ND Page 2 4/13/22
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, 2022
WRITTEN DISCHARGE NOTICE
By law, RCHs must provide a written discharge notice to residents
and their legally liable representatives at least 30 days prior to the date
of an involuntary transfer. The notice must include the reason for the
transfer and the resident’s right to appeal the discharge.
The bill also requires the notice to include the (1) resident’s right to
represent him- or herself or be represented by legal counsel in an appeal
and (2) 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. The notice must
be sent electronically or by fax to the ombudsman the same day it is
given to the resident and be in a form and manner the DPH
commissioner prescribes.
SUPERIOR COURT APPEALS
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.
COMMITTEE ACTION
Public Health Committee
Joint Favorable
Yea 29 Nay 0 (03/25/2022)