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11 | 16 | | |
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12 | 17 | | AN ACT CONCERNING NURSING HOME STAFFING RATIOS. |
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13 | 18 | | Be it enacted by the Senate and House of Representatives in General |
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14 | 19 | | Assembly convened: |
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15 | 20 | | |
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16 | 21 | | Section 1. Section 19a-563h of the general statutes is repealed and the 1 |
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17 | 22 | | following is substituted in lieu thereof (Effective July 1, 2026): 2 |
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18 | 23 | | (a) As used in this section, "direct care" means hands-on care 3 |
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19 | 24 | | provided by a registered nurse, licensed pursuant to chapter 378, 4 |
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20 | 25 | | licensed practical nurse, licensed pursuant to chapter 378, or a nurse's 5 |
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21 | 26 | | aide, registered pursuant to chapter 378a, to residents of nursing homes, 6 |
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22 | 27 | | as defined in section 19a-563, including, but not limited to, assistance 7 |
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23 | 28 | | with feeding, bathing, toileting, dressing, lifting and moving, 8 |
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24 | 29 | | administering medication, promoting socialization and personal care 9 |
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25 | 30 | | services, but does not include food preparation, housekeeping, laundry 10 |
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26 | 31 | | services, maintenance of the physical environment of the nursing home 11 |
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27 | 32 | | or performance of administrative tasks. 12 |
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40 | | - | recreational staff are lower than the current requirements] at least three 21 |
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41 | | - | and six-tenths hours of direct care per resident per day, and (2) modify 22 |
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42 | | - | staffing level requirements for social work and recreational staff of 23 |
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43 | | - | nursing homes such that the requirements (A) for social work are one 24 |
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44 | | - | full-time social worker per sixty residents, and (B) for recreational staff 25 |
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45 | | - | are higher than the requirements prior to January 1, 2024, as deemed 26 |
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46 | | - | appropriate by the Commissioner of Public Health. 27 |
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47 | | - | (c) The commissioner shall adopt regulations in accordance with the 28 |
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48 | | - | provisions of chapter 54 [that set forth nursing home staffing level 29 |
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49 | | - | requirements] to implement the provisions of this section. The 30 |
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50 | | - | Commissioner of Public Health may implement policies and procedures 31 |
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51 | | - | necessary to administer the provisions of this section while in the 32 |
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52 | | - | process of adopting such policies and procedures as regulations, 33 |
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53 | | - | provided notice of intent to adopt regulations is published on the 34 |
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54 | | - | eRegulations System not later than twenty days after the date of 35 |
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55 | | - | implementation. Policies and procedures implemented pursuant to this 36 |
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56 | | - | section shall be valid until the time final regulations are adopted. 37 |
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57 | | - | Sec. 2. Section 19a-562h of the general statutes is repealed and the 38 |
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58 | | - | following is substituted in lieu thereof (Effective July 1, 2026): 39 |
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59 | | - | (a) [If] On and after July 1, 2026, if the Commissioner of Public Health 40 |
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60 | | - | finds that a nursing home facility has substantially failed to comply with 41 |
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61 | | - | a nursing home facility staffing level requirement established pursuant 42 |
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62 | | - | to [the regulations of Connecticut state agencies,] section 19a-563h, as 43 |
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63 | | - | amended by this act, such violation shall be considered a class B 44 |
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64 | | - | violation pursuant to section 19a-527, and the commissioner may (1) 45 |
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65 | | - | take any disciplinary action against the nursing home facility permitted 46 |
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66 | | - | under section 19a-494, and (2) issue or cause to be issued a citation to 47 |
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67 | | - | the licensee of such nursing home facility pursuant to the provisions of 48 |
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68 | | - | section 19a-524, as amended by this act. 49 |
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69 | | - | (b) A citation of a nursing home facility staffing level requirement set 50 |
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70 | | - | forth in the regulations of Connecticut state agencies shall be 51 Substitute Bill No. 1279 |
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| 47 | + | recreational staff are lower than the current requirements, as deemed 21 |
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| 48 | + | appropriate by the Commissioner of Public Health.] at least three and 22 |
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| 49 | + | six-tenths hours of direct care per resident per day, including sixty-six-23 |
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| 50 | + | hundredths of an hour of care by a registered nurse, forty-nine-24 |
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| 51 | + | hundredths of an hour of care by a licensed practical nurse and two and 25 |
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| 52 | + | forty-five-hundredths hours of care by a registered nurse's aide, and (2) 26 |
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| 53 | + | modify staffing level requirements for social work and recreational staff 27 |
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| 54 | + | of nursing homes such that the requirements (A) for social work are one 28 |
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| 55 | + | full-time social worker per sixty residents, and (B) for recreational staff 29 |
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| 56 | + | are higher than the requirements prior to January 1, 2024, as deemed 30 |
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| 57 | + | appropriate by the Commissioner of Public Health. Such minimum 31 |
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| 58 | + | staffing level requirements shall remain in effect until the department 32 |
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| 59 | + | establishes minimum staffing level requirements pursuant to subsection 33 |
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| 60 | + | (c) of this section. 34 |
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| 61 | + | (c) On or before January 1, 2028, the Department of Public Health 35 |
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| 62 | + | shall (1) establish minimum staffing level requirements for nursing 36 |
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| 63 | + | home facilities of at least four and one-tenth hours of direct care per 37 |
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| 64 | + | resident per day, including three-quarters of an hour of care by a 38 |
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| 65 | + | registered nurse, fifty-four-hundredths of an hour of care by a licensed 39 |
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| 66 | + | practical nurse and two and eighty-one-hundredths hours of care by a 40 |
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| 67 | + | registered nurse's aide, and (2) modify staffing level requirements for 41 |
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| 68 | + | social work and recreational staff of nursing homes such that the 42 |
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| 69 | + | requirements (A) for social work are one full-time social worker per 43 |
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| 70 | + | sixty residents, and (B) for recreational staff are higher than the 44 |
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| 71 | + | requirements prior to January 1, 2024, as deemed appropriate by the 45 |
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| 72 | + | Commissioner of Public Health. 46 |
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| 73 | + | [(c)] (d) The commissioner shall adopt regulations in accordance with 47 |
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| 74 | + | the provisions of chapter 54 [that set forth nursing home staffing level 48 |
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| 75 | + | requirements] to implement the provisions of this section. [The 49 |
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| 76 | + | Commissioner of Public Health may implement policies and procedures 50 |
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| 77 | + | Raised Bill No. 1279 |
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82 | | - | If, upon review, investigation or inspection pursuant to section 19a-59 |
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83 | | - | 498, the Commissioner of Public Health determines that a nursing home 60 |
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84 | | - | facility or residential care home has violated any provision of section 61 |
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85 | | - | 17a-876, 19a-491a to 19a-491c, inclusive, 19a-493a, 19a-521 to 19a-529, 62 |
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86 | | - | inclusive, 19a-531 to 19a-551, inclusive, [or] 19a-553 to 19a-555, 63 |
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87 | | - | inclusive, or, on and after July 1, 2026, section 19a-563h, as amended by 64 |
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88 | | - | this act, or any provision of any regulation of Connecticut state agencies 65 |
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89 | | - | relating to licensure, the Fire Safety Code or the operation or 66 |
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90 | | - | maintenance of a nursing home facility or residential care home, which 67 |
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91 | | - | violation has been classified in accordance with section 19a-527, the 68 |
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92 | | - | commissioner may immediately issue or cause to be issued a citation to 69 |
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93 | | - | the licensee of such nursing home facility or residential care home. 70 |
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94 | | - | Governmental immunity shall not be a defense to any citation issued or 71 |
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95 | | - | civil penalty imposed pursuant to this section or sections 19-525 to 19a-72 |
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96 | | - | 528, inclusive. Each such citation shall be in writing, provide notice of 73 |
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97 | | - | the nature and scope of the alleged violation or violations, and include, 74 |
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98 | | - | but not be limited to, the citation and notice of noncompliance issued in 75 |
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99 | | - | accordance with section 19a-496. Each citation and notice of 76 |
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100 | | - | noncompliance issued under this section shall be sent to the licensee 77 |
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101 | | - | electronically in a form and manner prescribed by the commissioner or 78 |
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102 | | - | by certified mail at the address of the nursing home facility or residential 79 |
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103 | | - | care home in issue. A copy of such citation and notice of noncompliance 80 |
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104 | | - | shall also be sent to the licensed administrator at the address of the 81 |
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105 | | - | nursing home facility or residential care home. 82 Substitute Bill No. 1279 |
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| 91 | + | (a) [If] On and after July 1, 2026, if the Commissioner of Public Health 59 |
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| 92 | + | finds that a nursing home facility has substantially failed to comply with 60 |
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| 93 | + | a nursing home facility staffing level requirement established pursuant 61 |
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| 94 | + | to [the regulations of Connecticut state agencies] section 19a-563h, as 62 |
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| 95 | + | amended by this act, such violation shall be considered a class B 63 |
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| 96 | + | violation pursuant to section 19a-527, and, the commissioner may (1) 64 |
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| 97 | + | take any disciplinary action against the nursing home facility permitted 65 |
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| 98 | + | under section 19a-494, and (2) issue or cause to be issued a citation to 66 |
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| 99 | + | the licensee of such nursing home facility pursuant to the provisions of 67 |
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| 100 | + | section 19a-524, as amended by this act. 68 |
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| 101 | + | (b) A citation of a nursing home facility staffing level requirement set 69 |
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| 102 | + | forth in the regulations of Connecticut state agencies shall be 70 |
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| 103 | + | prominently posted in the nursing home facility and included in the 71 |
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| 104 | + | listing prepared by the Department of Public Health pursuant to the 72 |
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| 105 | + | provisions of section 19a-540. 73 |
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| 106 | + | (c) The Commissioner of Public Health shall adopt regulations, in 74 |
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| 107 | + | accordance with chapter 54, to implement the provisions of this section. 75 |
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| 108 | + | Sec. 3. Section 19a-524 of the general statutes is repealed and the 76 |
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| 109 | + | following is substituted in lieu thereof (Effective October 1, 2026): 77 |
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| 110 | + | If, upon review, investigation or inspection pursuant to section 19a-78 |
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| 111 | + | 498, the Commissioner of Public Health determines that a nursing home 79 |
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| 112 | + | facility or residential care home has violated any provision of section 80 |
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| 113 | + | Raised Bill No. 1279 |
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| 117 | + | LCO No. 4150 4 of 4 |
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| 118 | + | |
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| 119 | + | 17a-876, 19a-491a to 19a-491c, inclusive, 19a-493a, 19a-521 to 19a-529, 81 |
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| 120 | + | inclusive, 19a-531 to 19a-551, inclusive, [or] 19a-553 to 19a-555, 82 |
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| 121 | + | inclusive, or, on and after July 1, 2026, section 19a-563h, as amended by 83 |
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| 122 | + | this act, or any provision of any regulation of Connecticut state agencies 84 |
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| 123 | + | relating to licensure, the Fire Safety Code or the operation or 85 |
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| 124 | + | maintenance of a nursing home facility or residential care home, which 86 |
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| 125 | + | violation has been classified in accordance with section 19a-527, the 87 |
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| 126 | + | commissioner may immediately issue or cause to be issued a citation to 88 |
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| 127 | + | the licensee of such nursing home facility or residential care home. 89 |
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| 128 | + | Governmental immunity shall not be a defense to any citation issued or 90 |
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| 129 | + | civil penalty imposed pursuant to this section or sections 19-525 to 19a-91 |
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| 130 | + | 528, inclusive. Each such citation shall be in writing, provide notice of 92 |
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| 131 | + | the nature and scope of the alleged violation or violations, and include, 93 |
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| 132 | + | but not be limited to, the citation and notice of noncompliance issued in 94 |
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| 133 | + | accordance with section 19a-496. Each citation and notice of 95 |
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| 134 | + | noncompliance issued under this section shall be sent to the licensee 96 |
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| 135 | + | electronically in a form and manner prescribed by the commissioner or 97 |
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| 136 | + | by certified mail at the address of the nursing home facility or residential 98 |
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| 137 | + | care home in issue. A copy of such citation and notice of noncompliance 99 |
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| 138 | + | shall also be sent to the licensed administrator at the address of the 100 |
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| 139 | + | nursing home facility or residential care home. 101 |
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