Connecticut 2022 Regular Session

Connecticut Senate Bill SB00453 Compare Versions

Version 1 (Old)

Version 2 (New)

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7		-	General Assembly Substitute Bill No. 453
	4	+	LCO No. 3344 1 of 5
	5	+
	6	+	General Assembly Raised Bill No. 453
8	7		February Session, 2022
	8	+	LCO No. 3344
	9	+
	10	+
	11	+	Referred to Committee on PUBLIC HEALTH
	12	+
	13	+
	14	+	Introduced by:
	15	+	(PH)
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12	20		AN ACT CONCERNING THE DEPARTMENT OF PUBLIC HEALTH'S
13	21		RECOMMENDATIONS REGARDING TRANSFERS AND DISCHARGES
14	22		OF RESIDENTIAL CARE HOME RESIDENTS.
15	23		Be it enacted by the Senate and House of Representatives in General
16	24		Assembly convened:
17	25
18	26		Section 1. Section 19a-535a of the general statutes is repealed and the 1
19	27		following is substituted in lieu thereof (Effective October 1, 2022): 2
20	28		(a) As used in this section: [, a "facility"] 3
21	29		(1) "Facility" means a residential care home, as defined in section 19a-4
22	30		490; [.] 5
23	31		(2) "Emergency" means a situation in which a resident of a facility 6
24	32		presents an imminent danger to the resident's own health or safety, the 7
25	33		health or safety of another resident or the health or safety of an 8
26	34		employee or the owner of the facility; 9
27	35		(3) "Department" means the Department of Public Health; and 10
28	36		(4) "Commissioner" means the Commissioner of Public Health, or the 11
29		-	commissioner's designee. 12
	37	+	commissioner's designee. 12 Raised Bill No. 453
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30	43		(b) A facility shall not transfer or discharge a resident from the facility 13
31	44		unless (1) the transfer or discharge is necessary to meet the resident's 14
32	45		welfare and the resident's welfare cannot be met in the facility, (2) the 15
33		-	transfer or discharge is appropriate because the resident's health has 16 Substitute Bill No. 453
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	46	+	transfer or discharge is appropriate because the resident's health has 16
40	47		improved sufficiently so the resident no longer needs the services 17
41	48		provided by the facility, (3) the health or safety of individuals in the 18
42	49		facility is endangered, (4) the resident has failed, after reasonable and 19
43	50		appropriate notice, to pay for a stay or a requested service [,] at the 20
44	51		facility, or (5) the facility ceases to operate. In the case of an involuntary 21
45	52		transfer or discharge, the facility shall provide written notice to the 22
46	53		resident and, if known, [his] the resident's legally liable relative, 23
47	54		guardian or conservator [shall be given a thirty-day written notification 24
48	55		which includes] not less than thirty days prior to the proposed transfer 25
49	56		or discharge date, except when the facility has requested an immediate 26
50	57		transfer or discharge in accordance with subsection (e) of this section. 27
51	58		Such notice shall include the reason for the transfer or discharge, [and 28
52	59		notice of] the effective date of the transfer or discharge, the right of the 29
53	60		resident to appeal a transfer or discharge by the facility pursuant to 30
54	61		subsection (d) of this section and the resident's right to represent himself 31
55	62		or herself or be represented by legal counsel. Such notice shall be in a 32
56	63		form and manner prescribed by the commissioner, as modified from 33
57	64		time to time, and shall include the name, mailing address and telephone 34
58	65		number of the State Long-Term Care Ombudsman and be sent by 35
59	66		facsimile or electronic communication to the Office of the Long-Term 36
60	67		Care Ombudsman on the same day as the notice is given to the resident. 37
61	68		If the facility knows the resident has, or the facility alleges that the 38
62	69		resident has, a mental illness or an intellectual disability, the notice shall 39
63	70		also include the name, mailing address and telephone number of the 40
64	71		entity designated by the Governor in accordance with section 46a-10b to 41
65	72		serve as the Connecticut protection and advocacy system. No resident 42
66	73		shall be involuntarily transferred or discharged from a facility if such 43
67	74		transfer or discharge presents imminent danger of death to the resident. 44
68	75		(c) The facility shall be responsible for assisting the resident in finding 45
69		-	[appropriate placement] an alternative residence. A discharge plan, 46
	76	+	[appropriate placement] an alternative residence. A discharge plan, 46 Raised Bill No. 453
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	80	+	LCO No. 3344 3 of 5
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70	82		prepared by the facility, [which indicates] in a form and manner 47
71	83		prescribed by the commissioner, as modified from time to time, shall 48
72	84		include the resident's individual needs and shall [accompany the 49
73		-	patient] be submitted to the resident not later than seven days after the 50 Substitute Bill No. 453
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	85	+	patient] be submitted to the resident not later than seven days after the 50
80	86		notice of transfer or discharge is issued to the resident. The facility shall 51
81	87		submit the discharge plan to the commissioner at or before the hearing 52
82	88		held pursuant to subsection (d) of this section. 53
83	89		(d) (1) [For transfers or discharges effected on or after October 1, 1989, 54
84	90		a] A resident or [his] the resident's legally liable relative, guardian or 55
85	91		conservator who has been notified by a facility, pursuant to subsection 56
86	92		(b) of this section, that [he] the resident will be transferred or discharged 57
87	93		from the facility may appeal such transfer or discharge to the 58
88	94		Commissioner of Public Health by filing a request for a hearing with the 59
89	95		commissioner [within] not later than ten days [of] after the receipt of 60
90	96		such notice. Upon receipt of any such request, the commissioner [or his 61
91	97		designee] shall hold a hearing to determine whether the transfer or 62
92	98		discharge is being effected in accordance with this section. Such a 63
93	99		hearing shall be held [within] not later than seven business days [of] 64
94	100		after the receipt of such request. [and a determination made by the] The 65
95	101		commissioner [or his designee within] shall issue a decision not later 66
96	102		than twenty days [of the termination of] after the closing of the hearing 67
97	103		record. The hearing shall be conducted in accordance with chapter 54. 68
98	104		[(2) In an emergency the facility may request that the commissioner 69
99	105		make a determination as to the need for an immediate transfer or 70
100	106		discharge of a resident. Before making such a determination, the 71
101	107		commissioner shall notify the resident and, if known, his legally liable 72
102	108		relative, guardian or conservator. The commissioner shall issue such a 73
103	109		determination no later than seven days after receipt of the request for 74
104	110		such determination. If, as a result of such a request, the commissioner or 75
105	111		his designee determines that a failure to effect an immediate transfer or 76
106	112		discharge would endanger the health, safety or welfare of the resident 77
107	113		or other residents, the commissioner or his designee shall order the 78
108	114		immediate transfer or discharge of the resident from the facility. A 79
109		-	hearing shall be held in accordance with the requirements of 80
	115	+	hearing shall be held in accordance with the requirements of 80 Raised Bill No. 453
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110	121		subdivision (1) of this subsection within seven business days of the 81
111	122		issuance of any determination issued pursuant to this subdivision. 82
112		-	(3) Any involuntary transfer or discharge shall be stayed pending a 83 Substitute Bill No. 453
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	123	+	(3) Any involuntary transfer or discharge shall be stayed pending a 83
119	124		determination by the commissioner or his designee. Notwithstanding 84
120	125		any provision of the general statutes, the determination of the 85
121	126		commissioner or his designee after a hearing shall be final and binding 86
122	127		upon all parties and not subject to any further appeal.] 87
123	128		(2) Any involuntary transfer or discharge that is appealed under this 88
124	129		subsection shall be stayed pending a final determination by the 89
125	130		commissioner. 90
126	131		(3) The commissioner shall send a copy of the decision regarding a 91
127	132		transfer or discharge to the facility, the resident and the resident's legal 92
128	133		guardian, conservator or other authorized representative, if known, or 93
129	134		the resident's legally liable relative or other responsible party, and the 94
130	135		State Long-Term Care Ombudsman. 95
131	136		(e) (1) In the case of an emergency, the facility may request that the 96
132	137		commissioner make a determination as to the need for an immediate 97
133	138		transfer or discharge of a resident by submitting a sworn affidavit 98
134	139		attesting to the basis for the emergency transfer or discharge. The facility 99
135	140		shall provide a copy of the request for an immediate transfer or 100
136		-	discharge and the notice described in subsection (b) of this section to the 101
137		-	resident. After receipt of such request, the commissioner may issue an 102
138		-	order for the immediate temporary transfer or discharge of the resident 103
139		-	from the facility. The temporary order shall remain in place until a final 104
140		-	decision is issued by the commissioner, unless earlier rescinded. The 105
141		-	commissioner shall issue the determination as to the need for an 106
142		-	immediate transfer or discharge of a resident not later than seven days 107
143		-	after receipt of the request from the facility. A hearing shall be held not 108
144		-	later than seven business days after the date on which a determination 109
145		-	is issued pursuant to this section. The commissioner shall issue a 110
146		-	decision not later than twenty days after the date on which the hearing 111
147		-	record is closed. The hearing shall be conducted in accordance with the 112
148		-	provisions of chapter 54. 113
149		-	(2) The commissioner shall send a copy of the decision regarding an 114
150		-	emergency transfer or discharge to the facility, the resident and the 115 Substitute Bill No. 453
	141	+	discharge to the resident and the notice described in subsection (b) of 101
	142	+	this section. After receipt of such request, the commissioner may issue 102
	143	+	an order for the immediate temporary transfer or discharge of the 103
	144	+	resident from the facility. The temporary order shall remain in place 104
	145	+	until a final decision is issued by the commissioner, unless earlier 105
	146	+	rescinded. The commissioner shall issue the determination as to the 106
	147	+	need for an immediate transfer or discharge of a resident not later than 107
	148	+	seven days after receipt of the request from the facility. A hearing shall 108
	149	+	be held not later than seven business days after the date on which a 109
	150	+	determination is issued pursuant to this section. The commissioner shall 110
	151	+	issue a decision not later than twenty days after the date on which the 111
	152	+	hearing record is closed. The hearing shall be conducted in accordance 112 Raised Bill No. 453
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	158	+	with the provisions of chapter 54. 113
	159	+	(2) The commissioner shall send a copy of the decision regarding an 114
	160	+	emergency transfer or discharge to the facility, the resident and the 115
157	161		resident's legal guardian, conservator or other authorized 116
158	162		representative, if known, or the resident's legally liable relative or other 117
159	163		responsible party and the State Long-Term Care Ombudsman. 118
160	164		(3) If the commissioner determines, based upon the request, that an 119
161	165		emergency does not exist, the commissioner shall proceed with a 120
162	166		hearing in accordance with the provisions of subsection (d) of this 121
163	167		section. 122
164	168		(f) A facility or resident who is aggrieved by a final decision of the 123
165	169		commissioner may appeal to the Superior Court in accordance with the 124
166	170		provisions of chapter 54. Pursuant to subsection (f) of section 4-183, the 125
167	171		filing of an appeal to the Superior Court shall not, of itself, stay 126
168	172		enforcement of an agency decision. The Superior Court shall consider 127
169	173		an appeal from a decision of the commissioner pursuant to this section 128
170	174		as a privileged case in order to dispose of the case with the least possible 129
171	175		delay. 130
172	176		This act shall take effect as follows and shall amend the following
173	177		sections:
174	178
175	179		Section 1 October 1, 2022 19a-535a
176	180
177		-	Statement of Legislative Commissioners:
178		-	In Subsection (e)(1), "The facility shall provide a copy of the request for
179		-	an immediate transfer or discharge to the resident and the notice
180		-	described in subsection (b) of this section." was changed to "The facility
181		-	shall provide a copy of the request for an immediate transfer or
182		-	discharge and the notice described in subsection (b) of this section to the
183		-	resident." for clarity.
184		-
185		-	PH Joint Favorable Subst. -LCO
	181	+	Statement of Purpose:
	182	+	To allow residential care homes to qualify as home and community-
	183	+	based settings under the regulations of the Center for Medicare and
	184	+	Medicaid Services.
	185	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	186	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	187	+	underlined.]
186	188