Researcher: SL Page 1 5/4/23
OLR Bill Analysis
sSB 930 (File 99, as amended by Senate "A")*
AN ACT REQUIRING NOTICE OF A PROPOSED INVOLUNTARY
TRANSFER OR DISCHARGE OF A NURSING FACILITY RESIDENT
TO THE STATE OMBUDSMAN.
SUMMARY
This bill requires nursing homes to notify the Long-Term Care
Ombudsman of a resident’s involuntarily transfer or discharge on the
same day the nursing home notifies the resident. The ombudsman must
prescribe how to provide the notification.
By law, nursing homes must give residents and their representatives
written notification about a discharge or transfer at least 30 days in
advance, including information on the appeals process and the
ombudsman’s contact information. Under the bill, nursing homes must
also notify the ombudsman on the same date if the transfer or discharge
is involuntary. If a nursing home fails to do so, the involuntary transfer
or discharge is invalidated and cannot go forward.
The bill also requires managed residential communities (MRCs) that
offer assisted living services to encourage and help establish family
councils by January 1, 2024. Under the bill, family councils are self-
determined, independent groups of family members and friends who
(1) advocate for an MRC’s residents’ needs and interests and (2)
facilitate open communication between the MRC administration,
residents, and residents’ family and friends. A resident’s family member
or friend cannot participate in a council without the resident’s consent
unless the resident lives in a dementia special care unit.
*Senate Amendment “A” adds a new provision requiring MRCs to
encourage and help establish family councils.
EFFECTIVE DATE: Upon passage , except that the provisions
requiring MRCs to encourage establishment of family councils take 2023SB-00930-R01-BA.DOCX
Researcher: SL Page 2 5/4/23
effect on October 1, 2023.
BACKGROUND
Related Bill
sSB 902 (File 78), reported favorably by the Aging Committee,
contains identical provisions on family councils.
Involuntary Transfers and Discharges
Under federal and state law, nursing homes cannot transfer or
discharge a resident unless the (1) facility cannot provide the resident
adequate care, (2) resident’s health has improved to the point that he or
she no longer needs the home’s services, (3) health or safety of people in
the facility are endangered, (4) resident failed to pay for care after
reasonable notice, or (5) facility closes (42 C.F.R. § 483.15(c), CGS § 19a-
535(b)).
COMMITTEE ACTION
Aging Committee
Joint Favorable Substitute
Yea 15 Nay 0 (02/28/2023)