Long-term care facilities; require residents of certain to obtain a preneed contract within 6 months after admission.
Impact
The bill is set to take effect on July 1, 2024, affecting a significant portion of the elderly population in long-term care settings. It mandates a provision for securing burial or cremation services, which could help alleviate some financial burdens on families post-mortem. Moreover, it ensures that facilities cannot refuse admission to individuals based on their preneed contract status prior to residency, thus reinforcing the rights of residents to access care without penalty.
Summary
House Bill 38 requires residents who are sixty years of age or older in specific long-term care facilities, including nursing homes and assisted living centers, to secure a preneed contract for final disposition services within six months of entering the facility. This contract must comply with the regulations set forth in the Preneed Cemetery and Funeral Registration Act, which ensures arrangements for the individual's body after death. If residents fail to obtain this contract, the facility itself must purchase one and add the cost to their regular charges.
Contention
One area of contention surrounding HB 38 revolves around the obligation placed on residents and facilities regarding preneed contracts. Some critics might argue that this requirement could impose additional financial strain on residents or their families. Additionally, opposition may come from advocates for senior rights who feel that such mandates limit personal choice in end-of-life decisions. Proponents, however, might argue that this law protects residents by ensuring their final wishes are respected and handled before any emergency situations arise.