Utah 2025 Regular Session

Utah House Bill HB0472 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	02-~~20 09~~:58 1st Sub. (Buff) H.B. 472
	1	+	02-19 15:06 1st Sub. (Buff) H.B. 472
2	2		Tiara Auxier proposes the following substitute bill:
3	3		1
4	4		Senior Care Facility Amendments
5	5		2025 GENERAL SESSION
6	6		STATE OF UTAH
7	7		Chief Sponsor: Tiara Auxier
8	8		Senate Sponsor:
9	9		2
10	10
11	11		3
12	12		LONG TITLE
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14	14		General Description:
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16	16		This bill addresses the closure, qualifying sale, change of use, or acquisition sale of an
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18	18		assisted living facility.
19	19		7
20	20		Highlighted Provisions:
21	21		8
22	22		This bill:
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24	24		▸ defines terms;
25	25		10
26	26		▸ requires an assisted living facility to meet certain requirements if the assisted living
27	27		11
28	28		facility intends to close, complete a qualifying sale, or undertake a change of use;
29	29		12
30	30		▸ provides that an assisted living facility may not accept new residents if the facility intends
31	31		13
32	32		to close, complete a qualifying sale, or undertake a change of use;
33	33		14
34	34		▸ prescribes requirements for an assisted living facility that intends to complete an
35	35		15
36	36		acquisition sale;
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38	38		▸ allows a county attorney or the attorney general to seek the appointment of a receiver if
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40	40		an assisted living facility does not comply with certain requirements; and
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42	42		▸ makes technical and conforming changes.
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44	44		Money Appropriated in this Bill:
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46	46		None
47	47		21
48	48		Other Special Clauses:
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50	50		None
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52	52		Utah Code Sections Affected:
53	53		24
54	54		AMENDS:
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56	56		26B-2-237, as last amended by Laws of Utah 2023, Chapter 268 and renumbered and
57	57		26
58	58		amended by Laws of Utah 2023, Chapter 305 and last amended by Coordination Clause, Laws
59	59		27
60	60		of Utah 2023, Chapter 305
61	61		28
62	62
63		-	1st Sub. H.B. 472 1st Sub. (Buff) H.B. 472 02-~~20 09~~:58
	63	+	1st Sub. H.B. 472 1st Sub. (Buff) H.B. 472 02-19 15:06
64	64		29
65	65		Be it enacted by the Legislature of the state of Utah:
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67	67		Section 1. Section 26B-2-237 is amended to read:
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69	69		26B-2-237 . Transfer or discharge from an assisted living facility -- Sale of an
70	70		32
71	71		assisted living facility -- Appointment of receiver.
72	72		33
73	73		(1) As used in this section:
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75	75		(a) "Acquisition sale" means the sale of an assisted living facility:
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77	77		(i) that is not expected to cause the transfer or discharge of a resident within 60 days
78	78		36
79	79		after the date of the sale; and
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81	81		(ii) where the buyer intends to continue operating the facility as an assisted living
82	82		38
83	83		facility.
84	84		39
85	85		(b) "Change of use" means that the owner of an assisted living facility intends to change
86	86		40
87	87		the use of the assisted living facility in a way that will require or result in the transfer
88	88		41
89	89		or discharge of a resident.
90	90		42
91	91		(c) "Division" means the Division of Licensing and Background Checks.
92	92		43
93	93		(d) "Ombudsman" means the same as that term is defined in Section 26B-2-301.
94	94		44
95	95		(e) "Qualifying sale" means the sale of an assisted living facility:
96	96		45
97	97		(i) that is expected to cause the transfer or discharge of a resident within 60 days after
98	98		46
99	99		the date of the sale; or
100	100		47
101	101		(ii) where the buyer intends to change the use of all or some of the facility to
102	102		48
103	103		something other than an assisted living facility.
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105	105		[(b)] (f) "Resident" means an individual who receives health care from an assisted living
106	106		50
107	107		facility.
108	108		51
109	109		[(c)] (g) "Responsible person" means an individual who:
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111	111		(i) is designated in writing by a resident to receive communication on behalf of the
112	112		53
113	113		resident; or
114	114		54
115	115		(ii) is legally authorized to make health care decisions on behalf of the resident.
116	116		55
117	117		(h) "Transition plan" means a plan for the closure, qualifying sale, or change of use of an
118	118		56
119	119		assisted living facility that:
120	120		57
121	121		(i) describes the facility's resident population and the population's needs;
122	122		58
123	123		(ii) identifies available relocation options and resources, including a list of facilities
124	124		59
125	125		within a 60-mile radius that may meet a resident's needs;
126	126		60
127	127		(iii) describes how the facility will accomplish the safe, orderly, and appropriate
128	128		61
129	129		transfer or discharge of residents;
130	130		62
131	131		(iv) specifically addresses how the facility will address the transfer or discharge of
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	132	+	- 2 - 02-19 15:06 1st Sub. (Buff) H.B. 472
133	133		63
134	134		each resident who may be difficult to relocate due to specialized care needs;
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136	136		(v) identifies steps needed to share information and coordinate with managed care
137	137		65
138	138		organizations;
139	139		66
140	140		(vi) includes timetables for all steps in the closure or sale process;
141	141		67
142	142		(vii) describes how the facility will maintain compliance with all applicable laws and
143	143		68
144	144		regulations until the date of closure or sale; and
145	145		69
146	146		(viii) complies with any additional requirements that the department may impose by
147	147		70
148	148		rule made in accordance with Title 63G, Chapter 3, Utah Administrative
149	149		71
150	150		Rulemaking Act.
151	151		72
152	152		(2) A facility is subject to the requirements in Subsection (3) if the transfer or discharge:
153	153		73
154	154		(a) is initiated by the facility for any reason;
155	155		74
156	156		(b) is objected to by the resident or the resident's responsible person;
157	157		75
158	158		(c) was not initiated by a verbal or written request from the resident; or
159	159		76
160	160		(d) is inconsistent with the resident's preferences and stated goals for care.
161	161		77
162	162		(3) Before a transfer or discharge described in Subsection (2) occurs, the assisted living
163	163		78
164	164		facility from which the resident is transferred or discharged shall:
165	165		79
166	166		(a) notify the resident and the resident's responsible person, if any, in writing and in a
167	167		80
168	168		language and a manner that is most likely to be understood by the resident and the
169	169		81
170	170		resident's responsible person, of:
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172	172		(i) the reasons for the transfer or discharge;
173	173		83
174	174		(ii) the effective date of the transfer or discharge;
175	175		84
176	176		(iii) the location to which the resident will be transferred or discharged, if known; and
177	177		85
178	178		(iv) the name, address, email, and telephone number of the ombudsman;
179	179		86
180	180		(b) send a copy, in English, of the notice described in Subsection (3)(a) to the
181	181		87
182	182		ombudsman on the same day on which the assisted living facility delivers the notice
183	183		88
184	184		described in Subsection (3)(a) to the resident and the resident's responsible person;
185	185		89
186	186		(c) provide the notice described in Subsection (3)(a) at least 30 days before the day on
187	187		90
188	188		which the resident is transferred or discharged, unless:
189	189		91
190	190		(i) notice for a shorter period of time is necessary to protect:
191	191		92
192	192		(A) the safety of individuals in the assisted living facility from endangerment due
193	193		93
194	194		to the medical or behavioral status of the resident; or
195	195		94
196	196		(B) the health of individuals in the assisted living facility from endangerment due
197	197		95
198	198		to the resident's continued residency;
199	199		96
200	200		(ii) an immediate transfer or discharge is required by the resident's urgent medical
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	201	+	- 3 - 1st Sub. (Buff) H.B. 472 02-19 15:06
202	202		97
203	203		needs; or
204	204		98
205	205		(iii) the resident has not resided in the assisted living facility for at least 30 days;
206	206		99
207	207		(d) update the transfer or discharge notice as soon as practicable before the transfer or
208	208		100
209	209		discharge if information in the notice changes before the transfer or discharge;
210	210		101
211	211		(e) orally explain to the resident:
212	212		102
213	213		(i) the services available through the ombudsman; and
214	214		103
215	215		(ii) the contact information for the ombudsman; and
216	216		104
217	217		(f) provide and document the provision of preparation and orientation for the resident, in
218	218		105
219	219		a language and manner the resident is most likely to understand, to ensure a safe and
220	220		106
221	221		orderly transfer or discharge from the assisted living facility.
222	222		107
223	223		(4)(a) In the event of an assisted living facility closure, qualifying sale, or change of use,
224	224		108
225	225		in addition to the requirements in Subsection (3):
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227	227		(i) at least 120 days prior to the intended date of closure, qualifying sale, or change of
228	228		110
229	229		use, the assisted living facility shall submit a proposed transition plan to the
230	230		111
231	231		division for approval; and
232	232		112
233		-	(ii) at least Ĥ→ [60] 45 ←Ĥ days before the day on which the
234		-	112a
235		-	assisted living facility intends to
	233	+	(ii) at least 60 days before the day on which the assisted living facility intends to
236	234		113
237	235		close, complete a qualifying sale, or undertake a change of use, the assisted living
238	236		114
239	237		facility shall provide written notification of the closure, qualifying sale, or change
240	238		115
241	239		of use, including a copy of the approved transition plan, to the ombudsman, the
242	240		116
243	241		division, each resident of the facility, and each resident's responsible person.
244	242		117
245	243		(b) An assisted living facility may not accept any new resident or application for
246	244		118
247	245		residency on or after the date the assisted living facility first submits a proposed
248	246		119
249	247		transition plan required by Subsection (4)(a)(i).
250	248		120
251	249		(c) An assisted living facility that provides a written notification required by Subsection
252	250		121
253	251		(4)(a)(ii) shall:
254	252		122
255	253		(i) conduct meetings with residents and responsible persons to discuss the relocation
256	254		123
257	255		process;
258	256		124
259	257		(ii) assist each resident with finding a new placement, taking into consideration the
260	258		125
261	259		resident's needs, choices, and best interests;
262	260		126
263	261		(iii) invite assisted living facility operators from the surrounding area to visit and
264	262		127
265	263		meet with residents of the assisted living facility that provided the notification
266	264		128
267	265		under Subsection (4)(a)(ii);
268	266		129
269	267		(iv) as of the date that a resident transfers or is discharged, provide the resident with a
270		-	- 4 - 02-20 09:58 1st Sub. (Buff) H.B. 472
271	268		130
272	269		prorated refund of any funds the resident has prepaid to the facility, such as a
	270	+	- 4 - 02-19 15:06 1st Sub. (Buff) H.B. 472
273	271		131
274	272		reservation deposit, community fee, or rent; and
275	273		132
276	274		(v) provide a resident's new facility or care entity with complete and accurate resident
277	275		133
278	276		records, including contact information for the resident's family members and
279	277		134
280	278		responsible person.
281	279		135
282	280		(d) An assisted living facility may not close or undertake a change of use until all
283	281		136
284	282		affected residents have been relocated to an appropriate alternative setting.
285	283		137
286	284		(5) In the event of an acquisition sale:
287	285		138
288	286		(a) the assisted living facility shall notify each resident and each resident's responsible
289	287		139
290	288		person, if any, of the acquisition sale at least 30 days before the day of the acquisition
291	289		140
292	290		sale; and
293	291		141
294	292		(b) for residents of the assisted living facility at the time of the acquisition sale, the
295	293		142
296	294		purchaser of the assisted living facility may not raise the rates charged to those
297	295		143
298		-	residents until at least Ĥ→ [90] 60 ←Ĥ days after the day of the
299		-	143a
300		-	acquisition sale.
	296	+	residents until at least 90 days after the day of the acquisition sale.
301	297		144
302	298		(6)(a) A county attorney or the attorney general may bring a petition in a court with
303	299		145
304	300		jurisdiction for the appointment of a receiver if an assisted living facility has not
305	301		146
306	302		complied with the requirements of this section.
307	303		147
308	304		(b) A court shall issue an order to show cause why a receiver should not be appointed
309	305		148
310	306		returnable within five days after the filing of the petition.
311	307		149
312	308		(c) If the court finds that the facts warrant the granting of the petition, the court shall
313	309		150
314	310		appoint a receiver to take charge of the facility.
315	311		151
316	312		(d) The court may determine fair compensation for the receiver.
317	313		152
318	314		(e) A receiver appointed pursuant to this section has the powers and duties prescribed by
319	315		153
320	316		the court.
321	317		154
322	318		Section 2. Effective Date.
323	319		155
324	320		This bill takes effect on May 7, 2025.
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