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9 | 16 | | |
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10 | 17 | | |
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11 | 18 | | |
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12 | 19 | | AN ACT CONCERNING CLOSURES AND EVACUATIONS OF |
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13 | 20 | | RESIDENTIAL CARE HOMES AND NURSING HOMES. |
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14 | 21 | | Be it enacted by the Senate and House of Representatives in General |
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15 | 22 | | Assembly convened: |
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16 | 23 | | |
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17 | 24 | | Section 1. Subsection (g) of section 19a-535 of the general statutes is 1 |
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18 | 25 | | repealed and the following is substituted in lieu thereof (Effective from 2 |
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19 | 26 | | passage): 3 |
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20 | 27 | | (g) The facility shall be responsible for assisting the resident in 4 |
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21 | 28 | | finding appropriate placement and, in providing such assistance, shall 5 |
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22 | 29 | | consider the resident's proximity to family members and any other 6 |
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23 | 30 | | known support networks. 7 |
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24 | 31 | | Sec. 2. Subsection (c) of section 19a-535a of the general statutes is 8 |
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25 | 32 | | repealed and the following is substituted in lieu thereof (Effective from 9 |
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26 | 33 | | passage): 10 |
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27 | 34 | | (c) The facility shall be responsible for assisting the resident in finding 11 |
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28 | 35 | | an alternative residence and, in providing such assistance, shall consider 12 |
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29 | 36 | | the resident's proximity to family members and any other known 13 |
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30 | 37 | | support networks. A discharge plan, prepared by the facility, in a form 14 |
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41 | | - | Sec. 3. (Effective from passage) The Commissioner of Social Services, in 21 |
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42 | | - | conjunction with the Commissioner of Public Health and the State 22 |
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43 | | - | Ombudsman, shall convene a working group to examine (1) residential 23 |
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44 | | - | care home evacuation procedures, and (2) whether to require residential 24 |
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45 | | - | care homes to participate in a mutual aid digital platform that supports 25 |
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46 | | - | the risk management needs of health care organizations, including 26 |
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47 | | - | dedicated solutions for emergency management, inspection, testing and 27 |
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48 | | - | maintenance management, inspections management and health care 28 |
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49 | | - | coalition management. The working group shall include not less than 29 |
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50 | | - | two representatives of residential care homes. Not later than January 1, 30 |
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51 | | - | 2026, the working group shall submit a report, in accordance with the 31 |
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52 | | - | provisions of section 11-4a of the general statutes, to the joint standing 32 |
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53 | | - | committees of the General Assembly having cognizance of matters 33 |
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54 | | - | relating to human services, public health and aging regarding the 34 |
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55 | | - | findings and recommendations of the working group. 35 |
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56 | | - | Sec. 4. (NEW) (Effective October 1, 2025) No person acting individually 36 |
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57 | | - | or jointly with any other person shall establish, conduct, operate or 37 |
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58 | | - | maintain a nursing home or residential care home, as such terms are 38 |
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59 | | - | defined in section 19a-490 of the general statutes, without maintaining 39 |
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60 | | - | insurance that provides coverage for loss or damage to the personal 40 |
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61 | | - | property of nursing home or residential care home residents as a result 41 |
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62 | | - | of the closure or evacuation of such nursing home or residential care 42 |
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63 | | - | home. The amount of such insurance shall be sufficient to replace any 43 |
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64 | | - | such personal property lost or damaged as a result of such a closure or 44 |
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65 | | - | evacuation. 45 |
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66 | | - | Sec. 5. (NEW) (Effective from passage) Not later than January 1, 2026, 46 |
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67 | | - | the Commissioner of Public Health shall develop and maintain a 47 |
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68 | | - | database that tracks real-time bed availability in nursing homes and 48 |
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69 | | - | residential care homes, as such terms are defined in section 19a-490 of 49 |
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70 | | - | the general statutes, to facilitate placements in nursing homes and 50 Substitute Bill No. 6987 |
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| 50 | + | Sec. 3. (Effective from passage) The Commissioner of Public Health shall 21 |
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| 51 | + | conduct a study to examine nursing home and residential care home 22 |
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| 52 | + | evacuation procedures relating to transportation, including, but not 23 |
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| 53 | + | limited to, an examination of who is responsible for coordinating the 24 |
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| 54 | + | transportation of nursing home and residential care home residents 25 |
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| 55 | + | during an evacuation. Not later than January 1, 2026, the commissioner 26 |
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| 56 | + | shall submit a report, in accordance with the provisions of section 11-4a 27 |
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| 57 | + | of the general statutes, regarding such study to the joint standing 28 |
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| 58 | + | committees of the General Assembly having cognizance of matters 29 |
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| 59 | + | relating to aging and public health. 30 |
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| 60 | + | Sec. 4. (NEW) (Effective October 1, 2025) No person acting individually 31 |
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| 61 | + | or jointly with any other person shall establish, conduct, operate or 32 |
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| 62 | + | maintain a nursing home or residential care home, as such terms are 33 |
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| 63 | + | defined in section 19a-490 of the general statutes, without maintaining 34 |
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| 64 | + | insurance that provides coverage for loss or damage to the personal 35 |
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| 65 | + | property of nursing home or residential care home residents as a result 36 |
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| 66 | + | of the closure or evacuation of such nursing home or residential care 37 |
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| 67 | + | home. The amount of such insurance shall be sufficient to replace any 38 |
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| 68 | + | such personal property lost or damaged as a result of such a closure or 39 |
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| 69 | + | evacuation. 40 |
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| 70 | + | Sec. 5. (NEW) (Effective from passage) Not later than January 1, 2026, 41 |
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| 71 | + | the Commissioner of Public Health shall develop and maintain a 42 |
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| 72 | + | database that tracks real-time bed availability in nursing homes and 43 |
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| 73 | + | residential care homes, as such terms are defined in section 19a-490 of 44 |
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| 74 | + | the general statutes, to facilitate placements in nursing homes and 45 |
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| 75 | + | residential care homes. The commissioner shall make such database 46 |
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| 76 | + | Raised Bill No. 6987 |
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75 | | - | residential care homes. The commissioner shall make such database 51 |
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76 | | - | accessible to nursing homes, residential care homes and any state 52 |
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77 | | - | agency or other entity that the commissioner deems appropriate. 53 |
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78 | | - | Sec. 6. Subsection (h) of section 19a-533 of the general statutes is 54 |
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79 | | - | repealed and the following is substituted in lieu thereof (Effective October 55 |
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80 | | - | 1, 2025): 56 |
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81 | | - | (h) Notwithstanding the provisions of this section, a nursing home 57 |
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82 | | - | shall, without regard to the order of its waiting list, admit an applicant 58 |
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83 | | - | who (1) seeks to transfer from a nursing home that is closing, [or] (2) 59 |
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84 | | - | seeks to transfer from a nursing home in which the applicant was placed 60 |
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85 | | - | following the closure of the nursing home where such applicant 61 |
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86 | | - | previously resided or, in the case of a nursing home placed in 62 |
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87 | | - | receivership, the anticipated closure of the nursing home where such 63 |
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88 | | - | applicant previously resided, provided (A) the transfer occurs not later 64 |
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89 | | - | than sixty days following the date that such applicant was transferred 65 |
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90 | | - | from the nursing home where he or she previously resided, and (B) 66 |
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91 | | - | except when the nursing home that is closing transferred the resident 67 |
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92 | | - | due to an emergency, the applicant submitted an application to the 68 |
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93 | | - | nursing home to which he or she seeks admission at the time of the 69 |
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94 | | - | applicant's transfer from the nursing home where he or she previously 70 |
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95 | | - | resided, or (3) seeks to transfer from a nursing home that (A) has filed a 71 |
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96 | | - | certificate of need request pursuant to section 17b-352 on which the 72 |
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97 | | - | Commissioner of Social Services has not issued a final decision, and (B) 73 |
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98 | | - | has ten residents or less, provided the Commissioners of Social Services 74 |
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99 | | - | and Public Health and the State Ombudsman jointly agree that the 75 |
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100 | | - | subject of such certificate of need will have a significant impact on such 76 |
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101 | | - | nursing home's residents. A nursing home that qualifies for a waiting 77 |
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102 | | - | list exemption pursuant to subsection (f) or (g) of this section shall not 78 |
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103 | | - | be required to admit an indigent person under this subsection except 79 |
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104 | | - | when the resident is being transferred from a nursing home that is 80 |
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105 | | - | closing due to an emergency. No nursing home shall be required to 81 |
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106 | | - | admit an applicant pursuant to the provisions of this subsection if the 82 |
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107 | | - | nursing home has determined that (i) the applicant does not have a 83 |
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108 | | - | payor source because the applicant has been denied Medicaid eligibility 84 Substitute Bill No. 6987 |
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| 80 | + | LCO No. 5072 3 of 4 |
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110 | | - | |
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111 | | - | LCO 4 of 4 |
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112 | | - | |
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113 | | - | or the applicant has failed to pay a nursing home that is closing for the 85 |
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114 | | - | three months preceding the date of the application for admittance and 86 |
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115 | | - | has no pending application for Medicaid, (ii) the applicant is subject to 87 |
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116 | | - | a Medicaid penalty period, or (iii) the applicant does not require nursing 88 |
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117 | | - | home level of care as determined in accordance with applicable state 89 |
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118 | | - | and federal requirements. 90 |
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| 82 | + | accessible to nursing homes, residential care homes and any state 47 |
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| 83 | + | agency or other entity that the commissioner deems appropriate. 48 |
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| 84 | + | Sec. 6. (NEW) (Effective from passage) Not later than January 1, 2026, 49 |
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| 85 | + | the Commissioner of Social Services shall develop and maintain an 50 |
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| 86 | + | automated benefits transfer system for the purpose of facilitating the 51 |
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| 87 | + | timely transition of benefits and payments to a nursing home or 52 |
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| 88 | + | residential care home resident in the event that a nursing home or 53 |
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| 89 | + | residential care home resident is transferred to a new facility on an 54 |
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| 90 | + | emergency basis. 55 |
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| 91 | + | Sec. 7. (Effective from passage) The Commissioner of Public Health, in 56 |
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| 92 | + | consultation with the Commissioner of Social Services, shall conduct a 57 |
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| 93 | + | study to examine methods to employ alternative housing solutions, 58 |
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| 94 | + | including, but not limited to, offering rental assistance program 59 |
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| 95 | + | certificates through the Connecticut Housing Engagement and Support 60 |
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| 96 | + | Services Initiative, to provide support to residential care home residents 61 |
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| 97 | + | who are discharged from a residential care home. Not later than January 62 |
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| 98 | + | 1, 2026, the commissioner shall submit a report, in accordance with the 63 |
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| 99 | + | provisions of section 11-4a of the general statutes, regarding such study 64 |
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| 100 | + | to the joint standing committees of the General Assembly having 65 |
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| 101 | + | cognizance of matters relating to aging and public health. 66 |
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129 | | - | AGE Joint Favorable Subst. |
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| 113 | + | Statement of Purpose: |
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| 114 | + | To (1) require nursing homes and residential care homes to consider |
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| 115 | + | resident proximity to family and other support networks when |
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| 116 | + | Raised Bill No. 6987 |
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| 117 | + | |
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| 118 | + | |
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| 119 | + | |
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| 120 | + | LCO No. 5072 4 of 4 |
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| 121 | + | |
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| 122 | + | transferring or discharging a resident, (2) require the Commissioner of |
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| 123 | + | Public Health to study nursing home and residential care home |
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| 124 | + | evacuation procedures relating to transportation, (3) require nursing |
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| 125 | + | homes and residential care homes to maintain insurance for residents' |
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| 126 | + | personal property lost or damaged as a result of an evacuation, (4) |
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| 127 | + | establish a database that provides real-time tracking of nursing home |
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| 128 | + | and residential care home bed availability, (5) establish an automated |
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| 129 | + | benefits transfer system to facilitate the transfer of benefits and |
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| 130 | + | payments when a nursing home or residential care home resident is |
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| 131 | + | transferred to a new facility on an emergency basis, and (6) require the |
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| 132 | + | Commissioner of Public Health to study methods to employ alternative |
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| 133 | + | housing solutions to provide living arrangements to residential care |
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| 134 | + | home residents impacted by mandated bed reductions. |
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| 135 | + | |
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| 136 | + | [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except |
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| 137 | + | that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not |
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| 138 | + | underlined.] |
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