SB 155 — Relating to: notification of certain facility closures, change in type or level of services or means of reimbursement accepted, and care management organization notification of contract termination with a provider that is a nursing home or community-based residential facility.

- 2024 LEGISLATURE LRBs0184/1LRB-1918/1 SWB:skwSWB:cjs SENATE SUBSTITUTE AMENDMENT 1, TO SENATE BILL 155 NovemberApril 27,3, 2023 - OfferedIntroduced by SenatorSenators C OWLES ., W IMBERGER, L.J OHNSON and T OMCZYK, cosponsored by Representatives G OEBEN , MACCO , C.A NDERSON, A RMSTRONG , EHNKE , DITTRIC, DONOVAN , DUCHOW, EDMING , NODL , MURSAU, O C ONNOR, ORTIZ-VELEZ, RODRIGUEZ, ROZAR, INICKIand S UBECK.

AReferred N A CT to createCommittee 46.284on (4)Health. (km) and 46.2855 of the statutes;

A N A CT to amend 50.03 (14) (c) 1.;

and to create 46.284 (4) (km) of the statutes;

providernotification of certain facility closures, change in type or level of services or means of reimbursement accepted, and care management organization notification of certaincontract decisionstermination towith move a residentprovider ofthat is a nursing home or community-based residential facility.

Analysis by the Legislative Reference Bureau This bill requiresrequires, thatbefore ifa resident of a nursing home or community-based residential facility (CBRF) thatis hasrequired residents who are recipients of the family care benefit intends to terminatebe itsrelocated, contractthat with a care management organization (CMO) due to a decision to change its type or level of services or the means of reimbursement it accepts, the nursing home or CBRF must provide at90 least 60 days' written notice before relocation to eacha residentresident, who must be relocated, as well as to the resident's guardian, if any, and to a family member of the resident,resident's family, if practicable, unless the resident requests that notice to the family be withheld.

TheUnder billcurrent alsolaw, requires that when a CMO decides to move a resident due to a decision by a nursing home or CBRF to change its type or level of services or the means of reimbursement accepted, the CMO must provide atonly least30 60 days' written notice ofprior the decision to moverelocation the resident to theeach resident towho beis relocated, the resident's guardian, if any, and to a member of the resident's family, if practicable, unless the resident requests that notice to the family be withheld.relocated.

The bill provides,also LRBs0184/1requires -that 2024when Legislatureterminating -a 2contract -with SWB:skwa however,provider that thisis requirementa doesnursing nothome applyor ifCBRF, a CMOcare seeksmanagement organization must similarly provide at least 90 days' written notice of the termination to movethe aprovider residentand forto reasonsthe relatedresident, to facilitythe closure,resident's fraud,guardian, orif any, and to a member of the - 2024 Legislature - 2 - LRB-1918/1 SWB:cjs SENATE BILL 155 resident's family, if practicable, unless the resident healthrequests orthat safety.notice to the family be withheld.

SECTIONS ECTION 1.

46.284 (4) (km) When terminating a decisioncontract iswith made to move a residentprovider duethat tois a decision by a nursing home or community-based residential facilityfacility, to change its type or level of services or means of reimbursement accepted, provide at least 6090 days' written notice of the decisiontermination to move the resident to the provider, to theany resident who is to be relocated, to the resident's guardian, if any, and to a member of the resident's family, if practicable, unless the resident requests that notice to the family be withheld.

ThisS paragraphECTION does2. not apply if a care management organization seeks to move a resident for reasons related to facility closure, fraud, or resident health or safety.

SECTION50.03 2.(14) (c) 1.

46.2855 of the statutes is createdamended to read:

46.285550.03 Provider(14) notice(c) of1. contract termination.

IfProvide at least 30 days' written notice prior to relocation to each resident who is to be relocated, to the resident's guardian, if any, and to a nursingmember homeof orthe community-basedresident's residentialfamily, facility,if aspracticable, definedunless inthe s.resident requests that notice to the family be withheld.

50.01 (1g), that has one or more residents who are recipients of the family care benefit intends to terminate its contract with a care management organization due to a decision to change its type or level of services or means of reimbursement accepted, that nursing home or community-based residential facility shall provide at least 60 days' written notice prior to relocation to each resident who is to be relocated because of the contract termination, to the resident's guardian, if any, and to a family member of the LRBs0184/1 - 2024 Legislature - 3 - SWB:skw SECTION 2 resident, if practicable, unless the resident requests that notice to the family be withheld.