Connecticut 2023 Regular Session

Connecticut Senate Bill SB00930 Compare Versions

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Version 2 (New)

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	3	+	LCO No. 3401 1 of 3
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7		-	General Assembly ~~Substitute~~ Bill No. 930
	5	+	General Assembly Raised Bill No. 930
8	6		January Session, 2023
	7	+	LCO No. 3401
	8	+
	9	+
	10	+	Referred to Committee on AGING
	11	+
	12	+
	13	+	Introduced by:
	14	+	(AGE)
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13		-
14		-	AN ACT REQUIRING NOTICE OF A PROPOSED INVOLUNTARY
15		-	TRANSFER OR DISCHARGE OF A NURSING FACILITY RESIDENT TO
16		-	THE STATE OMBUDSMAN.
	19	+	AN ACT REQUIRING NOTICE OF A PROPOSED TRANSFER OR
	20	+	DISCHARGE OF A NURSING HOME FACILITY RESIDENT TO THE
	21	+	STATE OMBUDSMAN.
17	22		Be it enacted by the Senate and House of Representatives in General
18	23		Assembly convened:
19	24
20	25		Section 1. Subsection (c) of section 19a-535 of the general statutes is 1
21	26		repealed and the following is substituted in lieu thereof (Effective from 2
22	27		passage): 3
23		-	(c) (1) Before effecting any transfer or discharge of a resident from 4
24		-	the facility, the facility shall notify, in writing, the resident and the 5
25		-	resident's guardian or conservator, if any, or legally liable relative or 6
26		-	other responsible party if known, of the proposed transfer or 7
27		-	discharge, the reasons therefor, the effective date of the proposed 8
28		-	transfer or discharge, the location to which the resident is to be 9
29		-	transferred or discharged, the right to appeal the proposed transfer or 10
30		-	discharge and the procedures for initiating such an appeal as 11
31		-	determined by the Department of Social Services, the date by which an 12
32		-	appeal must be initiated in order to preserve the resident's right to an 13
33		-	appeal hearing and the date by which an appeal must be initiated in 14
34		-	order to stay the proposed transfer or discharge and the possibility of 15
35		-	an exception to the date by which an appeal must be initiated in order 16
36		-	to stay the proposed transfer or discharge for good cause, that the 17
37		-	resident may represent himself or herself or be represented by legal 18 Substitute Bill No. 930
	28	+	(c) (1) Before effecting any transfer or discharge of a resident from the 4
	29	+	facility, the facility shall notify, in writing, the resident and the resident's 5
	30	+	guardian or conservator, if any, or legally liable relative or other 6
	31	+	responsible party if known, of the proposed transfer or discharge, the 7
	32	+	reasons therefor, the effective date of the proposed transfer or discharge, 8
	33	+	the location to which the resident is to be transferred or discharged, the 9
	34	+	right to appeal the proposed transfer or discharge and the procedures 10
	35	+	for initiating such an appeal as determined by the Department of Social 11
	36	+	Services, the date by which an appeal must be initiated in order to 12
	37	+	preserve the resident's right to an appeal hearing and the date by which 13
	38	+	an appeal must be initiated in order to stay the proposed transfer or 14 Raised Bill No. 930
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44		-	counsel, a relative, a friend or other spokesperson, and information as 19
45		-	to bed hold and nursing home readmission policy when required in 20
46		-	accordance with section 19a-537. The notice shall also include the 21
47		-	name, mailing address and telephone number of the State Long-Term 22
48		-	Care Ombudsman. If the resident is, or the facility alleges a resident is, 23
49		-	mentally ill or developmentally disabled, the notice shall include the 24
50		-	name, mailing address and telephone number of the nonprofit entity 25
51		-	designated by the Governor in accordance with section 46a-10b to 26
52		-	serve as the Connecticut protection and advocacy system. The notice 27
53		-	shall be given at least thirty days and no more than sixty days prior to 28
54		-	the resident's proposed transfer or discharge, except where the health 29
55		-	or safety of individuals in the facility are endangered, or where the 30
56		-	resident's health improves sufficiently to allow a more immediate 31
57		-	transfer or discharge, or where immediate transfer or discharge is 32
58		-	necessitated by urgent medical needs or where a resident has not 33
59		-	resided in the facility for thirty days, in which cases notice shall be 34
60		-	given as many days before the transfer or discharge as practicable. 35
	42	+	LCO No. 3401 2 of 3
	43	+
	44	+	discharge and the possibility of an exception to the date by which an 15
	45	+	appeal must be initiated in order to stay the proposed transfer or 16
	46	+	discharge for good cause, that the resident may represent himself or 17
	47	+	herself or be represented by legal counsel, a relative, a friend or other 18
	48	+	spokesperson, and information as to bed hold and nursing home 19
	49	+	readmission policy when required in accordance with section 19a-537. 20
	50	+	The notice shall also include the name, mailing address and telephone 21
	51	+	number of the State Long-Term Care Ombudsman. If the resident is, or 22
	52	+	the facility alleges a resident is, mentally ill or developmentally 23
	53	+	disabled, the notice shall include the name, mailing address and 24
	54	+	telephone number of the nonprofit entity designated by the Governor in 25
	55	+	accordance with section 46a-10b to serve as the Connecticut protection 26
	56	+	and advocacy system. The notice shall be given at least thirty days and 27
	57	+	no more than sixty days prior to the resident's proposed transfer or 28
	58	+	discharge, except where the health or safety of individuals in the facility 29
	59	+	are endangered, or where the resident's health improves sufficiently to 30
	60	+	allow a more immediate transfer or discharge, or where immediate 31
	61	+	transfer or discharge is necessitated by urgent medical needs or where 32
	62	+	a resident has not resided in the facility for thirty days, in which cases 33
	63	+	notice shall be given as many days before the transfer or discharge as 34
	64	+	practicable. 35
61	65		(2) The resident may initiate an appeal pursuant to this section by 36
62		-	submitting a written request to the Commissioner of Social Services 37
63		-	not later than sixty calendar days after the facility issues the notice of 38
64		-	the proposed transfer or discharge, except as provided in subsection 39
65		-	(h) of this section. In order to stay a proposed transfer or discharge, the 40
66		-	resident must initiate an appeal not later than twenty days after the 41
67		-	date the resident receives the notice of the proposed transfer or 42
68		-	discharge from the facility unless the resident demonstrates good 43
69		-	cause for failing to initiate such appeal within the twenty-day period. 44
70		-	(3) On the date that the facility provides notice of a proposed 45
71		-	involuntary transfer or discharge of a resident pursuant to the 46
72		-	provisions of subdivision (1) of this subsection, the facility shall notify 47
73		-	the State Ombudsman, appointed pursuant to section 17a-870, in a 48
74		-	manner prescribed by the State Ombudsman, of such proposed 49
75		-	involuntary transfer or discharge. Failure to provide notice to the State 50
76		-	Ombudsman pursuant to the provisions of this subdivision shall 51 Substitute Bill No. 930
	66	+	submitting a written request to the Commissioner of Social Services not 37
	67	+	later than sixty calendar days after the facility issues the notice of the 38
	68	+	proposed transfer or discharge, except as provided in subsection (h) of 39
	69	+	this section. In order to stay a proposed transfer or discharge, the 40
	70	+	resident must initiate an appeal not later than twenty days after the date 41
	71	+	the resident receives the notice of the proposed transfer or discharge 42
	72	+	from the facility unless the resident demonstrates good cause for failing 43
	73	+	to initiate such appeal within the twenty-day period. 44
	74	+	(3) On the date that the facility provides notice of the proposed 45
	75	+	transfer or discharge of a resident pursuant to the provisions of 46
	76	+	subdivision (1) of this subsection, the facility shall notify the State 47
	77	+	Ombudsman, appointed pursuant to section 17a-405, in a manner 48 Raised Bill No. 930
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83		-	invalidate any notice of the proposed involuntary transfer or discharge 52
84		-	of a resident submitted pursuant to the provisions of subdivision (1) of 53
85		-	this subsection. 54
86		-	Sec. 2. Subsection (k) of section 19a-535 of the general statutes is 55
87		-	repealed and the following is substituted in lieu thereof (Effective from 56
88		-	passage): 57
89		-	(k) [A] Except as otherwise provided pursuant to subdivision (3) of 58
90		-	subsection (c) of this section, a facility shall electronically report each 59
91		-	involuntary transfer or discharge to the State Ombudsman, appointed 60
92		-	pursuant to section [17a-405] 17a-870, (1) in a manner prescribed by the 61
93		-	State Ombudsman, and (2) on an Internet web site portal maintained 62
94		-	by the State Ombudsman in accordance with patient privacy 63
95		-	provisions of the Health Insurance Portability and Accountability Act 64
96		-	of 1996, P.L. 104-191, as amended from time to time. 65
	81	+	LCO No. 3401 3 of 3
	82	+
	83	+	prescribed by the State Ombudsman, of such proposed transfer or 49
	84	+	discharge. Failure to provide notice to the State Ombudsman pursuant 50
	85	+	to the provisions of this subdivision shall invalidate any notice of the 51
	86	+	proposed transfer or discharge of a resident submitted provided 52
	87	+	pursuant to the provisions of subdivision (1) of this subsection. 53
97	88		This act shall take effect as follows and shall amend the following
98	89		sections:
99	90
100	91		Section 1 from passage 19a-535(c)
101		-	Sec. 2 from passage 19a-535(k)
102	92
103		-	Statement of ~~Legislative Commissioners~~:
104		-	~~In Section 1(c)(3), "pursuant~~ to ~~section 17a-405" was changed to~~
105		-	~~"pursuant to section 17a-870" for accuracy and Section 2 was added for~~
106		-	~~statutory consistency~~.
107		-
108		-	~~AGE Joint Favorable Subst.~~
	93	+	Statement of Purpose:
	94	+	To require nursing home facilities to notify the State Ombudsman of a
	95	+	proposed transfer or discharge of a resident.
	96	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	97	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	98	+	underlined.]
109	99