Connecticut 2025 Regular Session

Connecticut Senate Bill SB01279 Compare Versions

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5-General Assembly Substitute Bill No. 1279
5+General Assembly Raised Bill No. 1279
66 January Session, 2025
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10+Referred to Committee on AGING
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13+Introduced by:
14+(AGE)
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1217 AN ACT CONCERNING NURSING HOME STAFFING RATIOS.
1318 Be it enacted by the Senate and House of Representatives in General
1419 Assembly convened:
1520
1621 Section 1. Section 19a-563h of the general statutes is repealed and the 1
1722 following is substituted in lieu thereof (Effective July 1, 2026): 2
1823 (a) As used in this section, "direct care" means hands-on care 3
1924 provided by a registered nurse, licensed pursuant to chapter 378, 4
2025 licensed practical nurse, licensed pursuant to chapter 378, or a nurse's 5
2126 aide, registered pursuant to chapter 378a, to residents of nursing homes, 6
2227 as defined in section 19a-563, including, but not limited to, assistance 7
2328 with feeding, bathing, toileting, dressing, lifting and moving, 8
2429 administering medication, promoting socialization and personal care 9
2530 services, but does not include food preparation, housekeeping, laundry 10
2631 services, maintenance of the physical environment of the nursing home 11
2732 or performance of administrative tasks. 12
28-(b) On [or before January 1, 2022] and after July 1, 2026, the 13
33+(b) [On or before January 1, 2022] On and after July 1, 2026, the 13
2934 Department of Public Health shall (1) establish minimum staffing level 14
3035 requirements for nursing homes of [three hours of direct care per 15
3136 resident per day, and (2) modify staffing level requirements for social 16
3237 work and recreational staff of nursing homes such that the requirements 17
33-(A) for social work, a number of hours that is based on one full-time 18
34-social worker per sixty residents and that shall vary proportionally 19 Substitute Bill No. 1279
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44+(A) for social work, a number of hours that is based on one full-time 18
45+social worker per sixty residents and that shall vary proportionally 19
3946 based on the number of residents in the nursing home, and (B) for 20
40-recreational staff are lower than the current requirements] at least three 21
41-and six-tenths hours of direct care per resident per day, and (2) modify 22
42-staffing level requirements for social work and recreational staff of 23
43-nursing homes such that the requirements (A) for social work are one 24
44-full-time social worker per sixty residents, and (B) for recreational staff 25
45-are higher than the requirements prior to January 1, 2024, as deemed 26
46-appropriate by the Commissioner of Public Health. 27
47-(c) The commissioner shall adopt regulations in accordance with the 28
48-provisions of chapter 54 [that set forth nursing home staffing level 29
49-requirements] to implement the provisions of this section. The 30
50-Commissioner of Public Health may implement policies and procedures 31
51-necessary to administer the provisions of this section while in the 32
52-process of adopting such policies and procedures as regulations, 33
53-provided notice of intent to adopt regulations is published on the 34
54-eRegulations System not later than twenty days after the date of 35
55-implementation. Policies and procedures implemented pursuant to this 36
56-section shall be valid until the time final regulations are adopted. 37
57-Sec. 2. Section 19a-562h of the general statutes is repealed and the 38
58-following is substituted in lieu thereof (Effective July 1, 2026): 39
59-(a) [If] On and after July 1, 2026, if the Commissioner of Public Health 40
60-finds that a nursing home facility has substantially failed to comply with 41
61-a nursing home facility staffing level requirement established pursuant 42
62-to [the regulations of Connecticut state agencies,] section 19a-563h, as 43
63-amended by this act, such violation shall be considered a class B 44
64-violation pursuant to section 19a-527, and the commissioner may (1) 45
65-take any disciplinary action against the nursing home facility permitted 46
66-under section 19a-494, and (2) issue or cause to be issued a citation to 47
67-the licensee of such nursing home facility pursuant to the provisions of 48
68-section 19a-524, as amended by this act. 49
69-(b) A citation of a nursing home facility staffing level requirement set 50
70-forth in the regulations of Connecticut state agencies shall be 51 Substitute Bill No. 1279
47+recreational staff are lower than the current requirements, as deemed 21
48+appropriate by the Commissioner of Public Health.] at least three and 22
49+six-tenths hours of direct care per resident per day, including sixty-six-23
50+hundredths of an hour of care by a registered nurse, forty-nine-24
51+hundredths of an hour of care by a licensed practical nurse and two and 25
52+forty-five-hundredths hours of care by a registered nurse's aide, and (2) 26
53+modify staffing level requirements for social work and recreational staff 27
54+of nursing homes such that the requirements (A) for social work are one 28
55+full-time social worker per sixty residents, and (B) for recreational staff 29
56+are higher than the requirements prior to January 1, 2024, as deemed 30
57+appropriate by the Commissioner of Public Health. Such minimum 31
58+staffing level requirements shall remain in effect until the department 32
59+establishes minimum staffing level requirements pursuant to subsection 33
60+(c) of this section. 34
61+(c) On or before January 1, 2028, the Department of Public Health 35
62+shall (1) establish minimum staffing level requirements for nursing 36
63+home facilities of at least four and one-tenth hours of direct care per 37
64+resident per day, including three-quarters of an hour of care by a 38
65+registered nurse, fifty-four-hundredths of an hour of care by a licensed 39
66+practical nurse and two and eighty-one-hundredths hours of care by a 40
67+registered nurse's aide, and (2) modify staffing level requirements for 41
68+social work and recreational staff of nursing homes such that the 42
69+requirements (A) for social work are one full-time social worker per 43
70+sixty residents, and (B) for recreational staff are higher than the 44
71+requirements prior to January 1, 2024, as deemed appropriate by the 45
72+Commissioner of Public Health. 46
73+[(c)] (d) The commissioner shall adopt regulations in accordance with 47
74+the provisions of chapter 54 [that set forth nursing home staffing level 48
75+requirements] to implement the provisions of this section. [The 49
76+Commissioner of Public Health may implement policies and procedures 50
77+Raised Bill No. 1279
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75-prominently posted in the nursing home facility and included in the 52
76-listing prepared by the Department of Public Health pursuant to the 53
77-provisions of section 19a-540. 54
78-(c) The Commissioner of Public Health shall adopt regulations, in 55
79-accordance with chapter 54, to implement the provisions of this section. 56
80-Sec. 3. Section 19a-524 of the general statutes is repealed and the 57
81+LCO No. 4150 3 of 4
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83+necessary to administer the provisions of this section while in the 51
84+process of adopting such policies and procedures as regulations, 52
85+provided notice of intent to adopt regulations is published on the 53
86+eRegulations System not later than twenty days after the date of 54
87+implementation. Policies and procedures implemented pursuant to this 55
88+section shall be valid until the time final regulations are adopted.] 56
89+Sec. 2. Section 19a-562h of the general statutes is repealed and the 57
8190 following is substituted in lieu thereof (Effective July 1, 2026): 58
82-If, upon review, investigation or inspection pursuant to section 19a-59
83-498, the Commissioner of Public Health determines that a nursing home 60
84-facility or residential care home has violated any provision of section 61
85-17a-876, 19a-491a to 19a-491c, inclusive, 19a-493a, 19a-521 to 19a-529, 62
86-inclusive, 19a-531 to 19a-551, inclusive, [or] 19a-553 to 19a-555, 63
87-inclusive, or, on and after July 1, 2026, section 19a-563h, as amended by 64
88-this act, or any provision of any regulation of Connecticut state agencies 65
89-relating to licensure, the Fire Safety Code or the operation or 66
90-maintenance of a nursing home facility or residential care home, which 67
91-violation has been classified in accordance with section 19a-527, the 68
92-commissioner may immediately issue or cause to be issued a citation to 69
93-the licensee of such nursing home facility or residential care home. 70
94-Governmental immunity shall not be a defense to any citation issued or 71
95-civil penalty imposed pursuant to this section or sections 19-525 to 19a-72
96-528, inclusive. Each such citation shall be in writing, provide notice of 73
97-the nature and scope of the alleged violation or violations, and include, 74
98-but not be limited to, the citation and notice of noncompliance issued in 75
99-accordance with section 19a-496. Each citation and notice of 76
100-noncompliance issued under this section shall be sent to the licensee 77
101-electronically in a form and manner prescribed by the commissioner or 78
102-by certified mail at the address of the nursing home facility or residential 79
103-care home in issue. A copy of such citation and notice of noncompliance 80
104-shall also be sent to the licensed administrator at the address of the 81
105-nursing home facility or residential care home. 82 Substitute Bill No. 1279
91+(a) [If] On and after July 1, 2026, if the Commissioner of Public Health 59
92+finds that a nursing home facility has substantially failed to comply with 60
93+a nursing home facility staffing level requirement established pursuant 61
94+to [the regulations of Connecticut state agencies] section 19a-563h, as 62
95+amended by this act, such violation shall be considered a class B 63
96+violation pursuant to section 19a-527, and, the commissioner may (1) 64
97+take any disciplinary action against the nursing home facility permitted 65
98+under section 19a-494, and (2) issue or cause to be issued a citation to 66
99+the licensee of such nursing home facility pursuant to the provisions of 67
100+section 19a-524, as amended by this act. 68
101+(b) A citation of a nursing home facility staffing level requirement set 69
102+forth in the regulations of Connecticut state agencies shall be 70
103+prominently posted in the nursing home facility and included in the 71
104+listing prepared by the Department of Public Health pursuant to the 72
105+provisions of section 19a-540. 73
106+(c) The Commissioner of Public Health shall adopt regulations, in 74
107+accordance with chapter 54, to implement the provisions of this section. 75
108+Sec. 3. Section 19a-524 of the general statutes is repealed and the 76
109+following is substituted in lieu thereof (Effective October 1, 2026): 77
110+If, upon review, investigation or inspection pursuant to section 19a-78
111+498, the Commissioner of Public Health determines that a nursing home 79
112+facility or residential care home has violated any provision of section 80
113+Raised Bill No. 1279
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119+17a-876, 19a-491a to 19a-491c, inclusive, 19a-493a, 19a-521 to 19a-529, 81
120+inclusive, 19a-531 to 19a-551, inclusive, [or] 19a-553 to 19a-555, 82
121+inclusive, or, on and after July 1, 2026, section 19a-563h, as amended by 83
122+this act, or any provision of any regulation of Connecticut state agencies 84
123+relating to licensure, the Fire Safety Code or the operation or 85
124+maintenance of a nursing home facility or residential care home, which 86
125+violation has been classified in accordance with section 19a-527, the 87
126+commissioner may immediately issue or cause to be issued a citation to 88
127+the licensee of such nursing home facility or residential care home. 89
128+Governmental immunity shall not be a defense to any citation issued or 90
129+civil penalty imposed pursuant to this section or sections 19-525 to 19a-91
130+528, inclusive. Each such citation shall be in writing, provide notice of 92
131+the nature and scope of the alleged violation or violations, and include, 93
132+but not be limited to, the citation and notice of noncompliance issued in 94
133+accordance with section 19a-496. Each citation and notice of 95
134+noncompliance issued under this section shall be sent to the licensee 96
135+electronically in a form and manner prescribed by the commissioner or 97
136+by certified mail at the address of the nursing home facility or residential 98
137+care home in issue. A copy of such citation and notice of noncompliance 99
138+shall also be sent to the licensed administrator at the address of the 100
139+nursing home facility or residential care home. 101
110140 This act shall take effect as follows and shall amend the following
111141 sections:
112142
113143 Section 1 July 1, 2026 19a-563h
114144 Sec. 2 July 1, 2026 19a-562h
115-Sec. 3 July 1, 2026 19a-524
145+Sec. 3 October 1, 2026 19a-524
116146
117-AGE Joint Favorable Subst.
147+Statement of Purpose:
148+To (1) establish minimum nursing home staffing levels, and (2) impose
149+stricter penalties for violations.
150+
151+[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
152+that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
153+underlined.]
118154