02-10 16:29 H.B. 472
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Senior Care Facility Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Tiara Auxier
Senate Sponsor:
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LONG TITLE
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General Description:
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This bill addresses the closure or qualifying sale of an assisted living facility.
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Highlighted Provisions:
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This bill:
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▸ defines terms;
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▸ requires an assisted living facility to meet certain requirements if the assisted living
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facility intends to close or complete a qualifying sale;
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▸ provides that an assisted living facility may not accept new residents if the facility intends
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to close or complete a qualifying sale;
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▸ allows a county attorney or the attorney general to seek the appointment of a receiver if
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an assisted living facility intends to close or complete a qualifying sale and does not
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comply with statutory requirements; and
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▸ makes technical and conforming changes.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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26B-2-237, as last amended by Laws of Utah 2023, Chapter 268 and renumbered and
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amended by Laws of Utah 2023, Chapter 305 and last amended by Coordination Clause, Laws
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of Utah 2023, Chapter 305
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 26B-2-237 is amended to read:
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26B-2-237 . Transfer or discharge from an assisted living facility -- Appointment
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of receiver.
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(1) As used in this section:
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(a) "Division" means the Division of Licensing and Background Checks.
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(b) "Ombudsman" means the same as that term is defined in Section 26B-2-301.
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(c) "Qualifying sale" means the sale of an assisted living facility that is expected to
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cause the transfer or discharge of a resident within 60 days after the date of the sale.
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[(b)] (d) "Resident" means an individual who receives health care from an assisted living
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facility.
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[(c)] (e) "Responsible person" means an individual who:
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(i) is designated in writing by a resident to receive communication on behalf of the
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resident; or
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(ii) is legally authorized to make health care decisions on behalf of the resident.
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(f) "Transition plan" means a plan for the closure or qualifying sale of an assisted living
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facility that:
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(i) describes the facility's resident population and the population's needs;
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(ii) identifies available relocation options and resources, including a list of facilities
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within a 60-mile radius that may meet a resident's needs;
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(iii) describes how the facility will accomplish the safe, orderly, and appropriate
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transfer or discharge of residents;
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(iv) specifically addresses how the facility will address the transfer or discharge of
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each resident who may be difficult to relocate due to specialized care needs;
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(v) identifies steps needed to share information and coordinate with managed care
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organizations;
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(vi) includes timetables for all steps in the closure or sale process;
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(vii) describes how the facility will maintain compliance with all applicable laws and
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regulations until the date of closure or sale; and
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(viii) complies with any additional requirements that the department may impose by
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rule made in accordance with Title 63G, Chapter 3, Utah Administrative
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Rulemaking Act.
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(2) A facility is subject to the requirements in Subsection (3) if the transfer or discharge:
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(a) is initiated by the facility for any reason;
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(b) is objected to by the resident or the resident's responsible person;
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(c) was not initiated by a verbal or written request from the resident; or
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(d) is inconsistent with the resident's preferences and stated goals for care.
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(3) Before a transfer or discharge described in Subsection (2) occurs, the assisted living
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facility from which the resident is transferred or discharged shall:
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(a) notify the resident and the resident's responsible person, if any, in writing and in a
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language and a manner that is most likely to be understood by the resident and the
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resident's responsible person, of:
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(i) the reasons for the transfer or discharge;
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(ii) the effective date of the transfer or discharge;
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(iii) the location to which the resident will be transferred or discharged, if known; and
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(iv) the name, address, email, and telephone number of the ombudsman;
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(b) send a copy, in English, of the notice described in Subsection (3)(a) to the
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ombudsman on the same day on which the assisted living facility delivers the notice
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described in Subsection (3)(a) to the resident and the resident's responsible person;
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(c) provide the notice described in Subsection (3)(a) at least [30] 60 days before the day
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on which the resident is transferred or discharged, unless:
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(i) notice for a shorter period of time is necessary to protect:
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(A) the safety of individuals in the assisted living facility from endangerment due
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to the medical or behavioral status of the resident; or
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(B) the health of individuals in the assisted living facility from endangerment due
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to the resident's continued residency;
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(ii) an immediate transfer or discharge is required by the resident's urgent medical
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needs; or
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(iii) the resident has not resided in the assisted living facility for at least 30 days;
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(d) update the transfer or discharge notice as soon as practicable before the transfer or
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discharge if information in the notice changes before the transfer or discharge;
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(e) orally explain to the resident:
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(i) the services available through the ombudsman; and
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(ii) the contact information for the ombudsman; and
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(f) provide and document the provision of preparation and orientation for the resident, in
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a language and manner the resident is most likely to understand, to ensure a safe and
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orderly transfer or discharge from the assisted living facility.
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(4)(a) In the event of an assisted living facility closure or qualifying sale, in addition to
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the requirements in Subsection (3):
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(i) at least 120 days prior to the intended date of closure or qualifying sale, the
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assisted living facility shall submit a proposed transition plan to the division for
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approval; and
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(ii) at least 60 days before the day on which the assisted living facility intends to
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close or complete a qualifying sale, the assisted living facility shall provide
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written notification of the closure or qualifying sale, including a copy of the
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approved transition plan, to the ombudsman, the division, each resident of the
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facility, and each resident's responsible person.
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(b) An assisted living facility may not accept any new resident or application for
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residency on or after the date the assisted living facility first provides a written
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notification required by Subsection (4)(a)(ii).
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(c) An assisted living facility that provides a written notification required by Subsection
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(4)(a)(ii) shall:
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(i) conduct meetings with residents and responsible persons to discuss the relocation
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process;
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(ii) assist each resident with finding a new placement, taking into consideration the
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resident's needs, choices, and best interests;
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(iii) assist a resident who desires to make a site visit to another facility to which the
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resident may relocate, including by making available to the resident, at no charge,
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transportation for up to three site visits to facilities within the same county or
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contiguous counties;
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(iv) inventory each resident's personal possessions, provide a copy of the inventory to
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the resident and the resident's responsible person, and, in a timely manner, transfer
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the resident's possessions to a new location within the same county or contiguous
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counties;
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(v) complete a final accounting of each resident's personal funds held by the facility,
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provide a copy of the accounting to the resident and the resident's responsible
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person, and, in a timely manner, complete a transfer of the resident's funds as
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directed by the resident;
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(vi) assist each resident with the transfer and reconnection of service for telephones
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or other personal communication devices or services, and pay the costs associated
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with the transfer of service, including connection fees or other similar charges;
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(vii) at no charge to the resident, arrange or provide for transportation of the resident
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to the resident's new facility or location within the same county or contiguous
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counties, ensuring that there is no disruption in providing meals, medications, or
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treatments during the relocation process; and
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(viii) provide a resident's new facility or care entity with complete and accurate
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resident records, including contact information for the resident's family members,
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responsible person, social service or other caseworker, and managed care
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coordinator.
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(d) An assisted living facility may not close until all residents have relocated to an
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appropriate alternative setting.
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(5)(a) A county attorney or the attorney general may bring a petition in a court with
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jurisdiction for the appointment of a receiver if an assisted living facility intends to
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close or complete a qualifying sale and has not complied with the requirements of
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this section.
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(b) A court shall issue an order to show cause why a receiver should not be appointed
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returnable within five days after the filing of the petition.
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(c) If the court finds that the facts warrant the granting of the petition, the court shall
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appoint a receiver to take charge of the facility.
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(d) The court may determine fair compensation for the receiver.
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(e) A receiver appointed pursuant to this section has the powers and duties prescribed by
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the court.
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Section 2. Effective Date.
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This bill takes effect on May 7, 2025.
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