Connecticut 2025 Regular Session

Connecticut House Bill HB07026 Compare Versions

Version 1 (Old)

Version 2 (New)

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5	5		General Assembly Substitute Bill No. 7026
6	6		January Session, 2025
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10	10		AN ACT CONCERNING EXCEPTIONS TO THE NURSING HOME BED
11	11		MORATORIUM.
12	12		Be it enacted by the Senate and House of Representatives in General
13	13		Assembly convened:
14	14
15	15		Section 1. Subsection (a) of section 17b-354 of the general statutes is 1
16	16		repealed and the following is substituted in lieu thereof (Effective from 2
17	17		passage): 3
18	18		(a) The Department of Social Services shall not accept or approve any 4
19	19		requests for additional nursing home beds, except (1) beds restricted to 5
20	20		use by patients with acquired immune deficiency syndrome or by 6
21	21		patients requiring neurological rehabilitation; (2) beds associated with a 7
22	22		continuing care facility, as described in section 17b-520, provided such 8
23	23		beds are not used in the Medicaid program; [. For the purpose of this 9
24	24		subsection, beds associated with a continuing care facility are not subject 10
25	25		to the certificate of need provisions pursuant to sections 17b-352 and 11
26	26		17b-353;] (3) Medicaid certified beds either to be relocated from one 12
27	27		licensed nursing facility to another licensed nursing facility to meet a 13
28	28		priority need identified in the strategic plan developed pursuant to 14
29	29		subsection (c) of section 17b-369 or new beds added to an existing 15
30	30		facility or a new facility with preference given to a nontraditional, small-16
31	31		house-style nursing home facility that incorporates the goals for nursing 17
32	32		facilities referenced in the department's strategic plan for long-term 18
33	33		care, as outlined in section 17b-355, as amended by this act, to address 19
34	34		priority needs reflected by area census trends; (4) licensed Medicaid 20 Substitute Bill No. 7026
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37	37		LCO 2 of 4
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39	39		nursing facility beds to be relocated from one or more existing nursing 21
40	40		facilities to a new nursing facility, including a replacement facility, 22
41	41		provided (A) no new Medicaid certified beds are added, (B) at least one 23
42	42		currently licensed facility is closed in the transaction as a result of the 24
43	43		relocation, (C) the relocation is done within available appropriations, 25
44	44		(D) the facility participates in the Money Follows the Person 26
45	45		demonstration project pursuant to section 17b-369, (E) the availability of 27
46	46		beds in the area of need will not be adversely affected, (F) the certificate 28
47	47		of need approval for such new facility or facility relocation and the 29
48	48		associated capital expenditures are obtained pursuant to sections 17b-30
49	49		352 and 17b-353, and (G) the facilities included in the bed relocation and 31
50	50		closure shall be in accordance with the strategic plan developed 32
51	51		pursuant to subsection (c) of section 17b-369; and (5) proposals to build 33
52	52		a nontraditional, small-house style nursing home designed to enhance 34
53	53		the quality of life for nursing facility residents, provided that the 35
54	54		nursing facility agrees to reduce its total number of licensed beds by a 36
55	55		percentage determined by the Commissioner of Social Services in 37
56	56		accordance with the department's strategic plan for long-term care. For 38
57	57		the purposes of this subsection, beds associated with a continuing care 39
58	58		facility are not subject to the certificate of need provisions pursuant to 40
59	59		sections 17b-352 and 17b-353. 41
60	60		Sec. 2. Section 17b-355 of the general statutes is repealed and the 42
61	61		following is substituted in lieu thereof (Effective from passage): 43
62	62		(a) In determining whether a request submitted pursuant to sections 44
63	63		17b-352 to 17b-354, inclusive, as amended by this act, will be granted, 45
64	64		modified or denied, the Commissioner of Social Services shall consider 46
65	65		the following: (1) The financial feasibility of the request and its impact 47
66	66		on the applicant's rates and financial condition, (2) the contribution of 48
67	67		the request to the quality, accessibility and cost-effectiveness of the 49
68	68		delivery of long-term care in the region, (3) whether there is clear public 50
69	69		need for the request, (4) the relationship of any proposed change to the 51
70	70		applicant's current utilization statistics and the effect of the proposal on 52
71	71		the utilization statistics of other facilities in the applicant's service area, 53
72	72		(5) the business interests of all owners, partners, associates, 54 Substitute Bill No. 7026
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75	75		LCO 3 of 4
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77	77		incorporators, directors, sponsors, stockholders and operators and the 55
78	78		personal background of such persons, and (6) any other factor which the 56
79	79		Department of Social Services deems relevant. In considering whether 57
80	80		there is clear public need for any request for the relocation of beds to a 58
81	81		replacement facility, or for new beds added to an existing facility or a 59
82	82		new facility, the commissioner shall consider whether there is a 60
83	83		demonstrated bed need in the towns within a fifteen-mile radius of the 61
84	84		town in which the beds are proposed to be located and whether the 62
85	85		availability of beds in the applicant's service area will be adversely 63
86	86		affected. 64
87	87		(b) Any proposal to relocate nursing home beds from an existing 65
88	88		facility to a new facility shall not increase the number of Medicaid 66
89	89		certified beds and shall result in the closure of at least one currently 67
90	90		licensed facility. The commissioner may request that any applicant 68
91	91		seeking to replace an existing facility reduce the number of beds in the 69
92	92		new facility by a percentage that is consistent with the department's 70
93	93		strategic state-wide long-term rebalancing plan for long-term care. If an 71
94	94		applicant seeking to replace an existing facility with a new facility owns 72
95	95		or operates more than one nursing facility, the commissioner may 73
96	96		request that the applicant close two or more facilities before approving 74
97	97		the proposal to build a new facility. The commissioner shall also 75
98	98		consider whether an application to establish a new or replacement 76
99	99		nursing facility proposes a nontraditional, small-house style nursing 77
100	100		facility and incorporates goals for nursing facilities referenced in the 78
101	101		department's strategic state-wide long-term rebalancing plan for long-79
102	102		term care, including, but not limited to, (1) promoting person-centered 80
103	103		care, (2) providing enhanced quality of care, (3) creating community 81
104	104		space for all nursing facility residents, and (4) developing stronger 82
105	105		connections between the nursing facility residents and the surrounding 83
106	106		community. 84
107	107		[Bed] (c) Demonstrated bed need shall be based on the recent 85
108	108		occupancy percentage of area nursing facilities [and the] with 86
109	109		occupancy above ninety-six per cent for a minimum of two consecutive 87
110	110		quarters. The department may consider projected bed need [for no more 88 Substitute Bill No. 7026
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115	115		than five years] into the future at [ninety-seven and one-half per cent] 89
116	116		occupancy above ninety-six per cent using the latest [official population 90
117	117		projections by town and age as published by the Office of Policy and 91
118	118		Management and the latest available state-wide nursing facility 92
119	119		utilization statistics by age cohort from the Department of Public 93
120	120		Health] strategic state-wide long-term rebalancing plan for long-term 94
121	121		care as published by the department. The commissioner may also 95
122	122		consider area specific utilization and reductions in utilization rates to 96
123	123		account for the increased use of less institutional alternatives. 97
124	124		This act shall take effect as follows and shall amend the following
125	125		sections:
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127	127		Section 1 from passage 17b-354(a)
128	128		Sec. 2 from passage 17b-355
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	130	+	Statement of Legislative Commissioners:
	131	+	In Section 2(c), "for long-term care" was added after "strategic state-wide
	132	+	long-term rebalancing plan" for internal consistency.
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131	134		HS Joint Favorable Subst. -LCO
132		-	AGE Joint Favorable
133	135