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General Assembly Substitute Bill No. 930
January Session, 2023
AN ACT REQUIRING NOTICE OF A PROPOSED INVOLUNTARY
TRANSFER OR DISCHARGE OF A NURSING 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repealed and the following is substituted in lieu thereof (Effective from 2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 4
the facility, the facility shall notify, in writing, the resident and the 5
resident's guardian or conservator, if any, or legally liable relative or 6
other responsible party if known, of the proposed transfer or 7
discharge, the reasons therefor, the effective date of the proposed 8
transfer or discharge, the location to which the resident is to be 9
transferred or discharged, the right to appeal the proposed transfer or 10
discharge and the procedures for initiating such an appeal as 11
determined by the Department of Social Services, the date by which an 12
appeal must be initiated in order to preserve the resident's right to an 13
appeal hearing and the date by which an appeal must be initiated in 14
order to stay the proposed transfer or discharge and the possibility of 15
an exception to the date by which an appeal must be initiated in order 16
to stay the proposed transfer or discharge for good cause, that the 17
resident may represent himself or herself or be represented by legal 18 Substitute Bill No. 930
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counsel, a relative, a friend or other spokesperson, and information as 19
to bed hold and nursing home readmission policy when required in 20
accordance with section 19a-537. The notice shall also include the 21
name, mailing address and telephone number of the State Long-Term 22
Care Ombudsman. If the resident is, or the facility alleges a resident is, 23
mentally ill or developmentally disabled, the notice shall include the 24
name, mailing address and telephone number of the nonprofit entity 25
designated by the Governor in accordance with section 46a-10b to 26
serve as the Connecticut protection and advocacy system. The notice 27
shall be given at least thirty days and no more than sixty days prior to 28
the resident's proposed transfer or discharge, except where the health 29
or safety of individuals in the facility are endangered, or where the 30
resident's health improves sufficiently to allow a more immediate 31
transfer or discharge, or where immediate transfer or discharge is 32
necessitated by urgent medical needs or where a resident has not 33
resided in the facility for thirty days, in which cases notice shall be 34
given as many days before the transfer or discharge as 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 37
not later than sixty calendar days after the facility issues the notice of 38
the proposed transfer or discharge, except as provided in subsection 39
(h) of 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 41
date the resident receives the notice of the proposed transfer or 42
discharge from the facility unless the resident demonstrates good 43
cause for failing to initiate such appeal within the twenty-day period. 44
(3) On the date that the facility provides notice of a proposed 45
involuntary transfer or discharge of a resident pursuant to the 46
provisions of subdivision (1) of this subsection, the facility shall notify 47
the State Ombudsman, appointed pursuant to section 17a-870, in a 48
manner prescribed by the State Ombudsman, of such proposed 49
involuntary transfer or discharge. Failure to provide notice to the State 50
Ombudsman pursuant to the provisions of this subdivision shall 51 Substitute Bill No. 930
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invalidate any notice of the proposed involuntary transfer or discharge 52
of a resident submitted pursuant to the provisions of subdivision (1) of 53
this subsection. 54
Sec. 2. Subsection (k) of section 19a-535 of the general statutes is 55
repealed and the following is substituted in lieu thereof (Effective from 56
passage): 57
(k) [A] Except as otherwise provided pursuant to subdivision (3) of 58
subsection (c) of this section, a facility shall electronically report each 59
involuntary transfer or discharge to the State Ombudsman, appointed 60
pursuant to section [17a-405] 17a-870, (1) in a manner prescribed by the 61
State Ombudsman, and (2) on an Internet web site portal maintained 62
by the State Ombudsman in accordance with patient privacy 63
provisions of the Health Insurance Portability and Accountability Act 64
of 1996, P.L. 104-191, as amended from time to time. 65
This act shall take effect as follows and shall amend the following
sections:
Section 1 from passage 19a-535(c)
Sec. 2 from passage 19a-535(k)
Statement of Legislative Commissioners:
In Section 1(c)(3), "pursuant to section 17a-405" was changed to
"pursuant to section 17a-870" for accuracy and Section 2 was added for
statutory consistency.
AGE Joint Favorable Subst.