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General Assembly Raised Bill No. 930
January Session, 2023
LCO No. 3401
Referred to Committee on AGING
Introduced by:
(AGE)
AN ACT REQUIRING NOTICE OF A PROPOSED TRANSFER OR
DISCHARGE OF A NURSING HOME FACILITY RESIDENT TO THE
STATE OMBUDSMAN.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Subsection (c) of section 19a-535 of the general statutes is 1
repealed and the following is substituted in lieu thereof (Effective from 2
passage): 3
(c) (1) Before effecting any transfer or discharge of a resident from the 4
facility, the facility shall notify, in writing, the resident and the resident's 5
guardian or conservator, if any, or legally liable relative or other 6
responsible party if known, of the proposed transfer or discharge, the 7
reasons therefor, the effective date of the proposed transfer or discharge, 8
the location to which the resident is to be transferred or discharged, the 9
right to appeal the proposed transfer or discharge and the procedures 10
for initiating such an appeal as determined by the Department of Social 11
Services, the date by which an appeal must be initiated in order to 12
preserve the resident's right to an appeal hearing and the date by which 13
an appeal must be initiated in order to stay the proposed transfer or 14 Raised Bill No. 930
LCO No. 3401 2 of 3
discharge and the possibility of an exception to the date by which an 15
appeal must be initiated in order to stay the proposed transfer or 16
discharge for good cause, that the resident may represent himself or 17
herself or be represented by legal counsel, a relative, a friend or other 18
spokesperson, and information as to bed hold and nursing home 19
readmission policy when required in accordance with section 19a-537. 20
The notice shall also include the name, mailing address and telephone 21
number of the State Long-Term Care Ombudsman. If the resident is, or 22
the facility alleges a resident is, mentally ill or developmentally 23
disabled, the notice shall include the name, mailing address and 24
telephone number of the nonprofit entity designated by the Governor in 25
accordance with section 46a-10b to serve as the Connecticut protection 26
and advocacy system. The notice shall be given at least thirty days and 27
no more than sixty days prior to the resident's proposed transfer or 28
discharge, except where the health or safety of individuals in the facility 29
are endangered, or where the resident's health improves sufficiently to 30
allow a more immediate transfer or discharge, or where immediate 31
transfer or discharge is necessitated by urgent medical needs or where 32
a resident has not resided in the facility for thirty days, in which cases 33
notice shall be given as many days before the transfer or discharge as 34
practicable. 35
(2) The resident may initiate an appeal pursuant to this section by 36
submitting a written request to the Commissioner of Social Services not 37
later than sixty calendar days after the facility issues the notice of the 38
proposed transfer or discharge, except as provided in subsection (h) of 39
this section. In order to stay a proposed transfer or discharge, the 40
resident must initiate an appeal not later than twenty days after the date 41
the resident receives the notice of the proposed transfer or discharge 42
from the facility unless the resident demonstrates good cause for failing 43
to initiate such appeal within the twenty-day period. 44
(3) On the date that the facility provides notice of the proposed 45
transfer or discharge of a resident pursuant to the provisions of 46
subdivision (1) of this subsection, the facility shall notify the State 47
Ombudsman, appointed pursuant to section 17a-405, in a manner 48 Raised Bill No. 930
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prescribed by the State Ombudsman, of such proposed transfer or 49
discharge. Failure to provide notice to the State Ombudsman pursuant 50
to the provisions of this subdivision shall invalidate any notice of the 51
proposed transfer or discharge of a resident submitted provided 52
pursuant to the provisions of subdivision (1) of this subsection. 53
This act shall take effect as follows and shall amend the following
sections:
Section 1 from passage 19a-535(c)
Statement of Purpose:
To require nursing home facilities to notify the State Ombudsman of a
proposed transfer or discharge of a resident.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.]