HB 6984 — AN ACT REQUIRING THE STATE OMBUDSMAN TO INVESTIGATE COMPLAINTS CONCERNING RECIPIENTS OF HOME AND COMMUNITY-BASED SERVICES.

General Assembly   RaisedSubstitute Bill No.

6984 January Session, 2017   LCO*_____HB06984AGE___021517____* No.AN ACT REQUIRING THE STATE OMBUDSMAN TO INVESTIGATE COMPLAINTS CONCERNING RECIPIENTS OF HOME AND COMMUNITY-BASED SERVICES.

3276   *03276_______AGE* Referred to Committee on AGING   Introduced by:

  (AGE)   AN ACT REQUIRING THE STATE OMBUDSMAN TO INVESTIGATE COMPLAINTS CONCERNING RECIPIENTS OF HOME AND COMMUNITY-BASED SERVICES.

[(7)] (8) "Long-term care facility" means any skilled nursing facility, as defined in Section 1819(a) of the Social Security Act, (42 USC 1395i-3(a))1395i-3(a)); any nursing facility, as defined in Section 1919(a) of the Social Security Act, (42 USC 1396r(a)) a board and care facility as defined in Section 102(19) of the federal Older Americans Act, (42 USC 3002(19)) and for purposes of ombudsman program coverage, an institution regulated by the state pursuant to Section 1616(e) of the Social Security Act, (42 USC 1382e(e)) and any other adult care home similar to a facility or nursing facility or board and care home.

any nursing facility, as defined in Section 1919(a) of the Social Security Act, (42 USC 1396r(a));

a board and care facility as defined in Section 102(19) of the federal Older Americans Act, (42 USC 3002(19));

and for purposes of ombudsman program coverage, an institution regulated by the state pursuant to Section 1616(e) of the Social Security Act, (42 USC 1382e(e));

and any other adult care home similar to a facility or nursing facility or board and care home.

and (B) Relate to action, inaction or decisions that may adversely affect the health, safety, welfare or rights of the residents of long-term care facilities and recipients of home and community-based services, including the welfare and rights of the residents and recipients with respect to the appointment and activities of guardians and representative payees, of (i) providers or representatives of providers of long-term care servicesservices, andincluding home and community-based services, (ii) public agencies, or (iii) health and social service agencies;

(4) Ensure that the residents of long-term care facilities, recipients of home and community-based services and [, as to issues involving applications for admission to long-term care facilities,] applicants for admission to long-term care facilities or for home and community-based services have regular and timely access to the services provided through the office and that the residents of long-term care facilities, recipients of home and community-based services, applicants and other complainants receive timely responses from representatives of the office to complaints;

(5) Represent the interests of the residents [,] of long-term care facilities, recipients of home and community-based services and [of] applicants for admission to long-term care facilities or for home and community-based services in relation to issues concerning applications [to long-term care facilities,] before governmental agencies and seek administrative, legal and other remedies to protect the health, safety, welfare and rights of the residents, recipients and applicants;

(A) Any changes in federal, state and local laws, regulations and other governmental policies and actions that pertain to the health, safety, welfare and rights of residents of long-term care facilities and recipients of home and community-based services with respect to the adequacy of long-term care facilities and home and community-based services in this state and to the health, safety, welfare and rights of applicants [which] to long-term care facilities andor recipientsfor of home and community-based services that the State Ombudsman determines to be appropriate;

(10) Coordinate ombudsman services with the protection and advocacy systems for individuals with developmental disabilities and mental illnesses established under (A) Part A of the Development[Development] Developmental Disabilities Assistance and Bill of Rights Act (42 USC 6001, et seq.), and (B) The Protection and Advocacy for Mentally Ill Individuals Act of 1986 (42 USC 10801 et seq.);

(14)and [Implement[(14) Implement and administer, within available appropriations, a pilot program that serves home and community-based care recipients in Hartford County]County; Provide services described in this subsection to residents of long-term care facilities and recipients of home and community-based services;

andand] (15)[(15)] (14) Carry out such other activities and duties as may be required under federal law.

(3) Identify, investigate and resolve complaints made by or on behalf of residents of long-term care facilities or recipients of home and community-based services that relate to action, inaction or decisions that may adversely affect the health, safety, welfare or rights of [the] residents or recipients or by, or on behalf of, applicants for admission to long-term care facilities or for home and community-based services in relation to issues concerning applications;

[to long-term care facilities;] (4) Represent the interests of residents of long-term care facilities or recipients of home and community-based services and applicants, in relation to their applications,applications [to long-term care facilities,] for admission to long-term care facilities or for home and community-based services before government agencies and seek administrative, legal and other remedies to protect the health, safety, welfare and rights of [the] residentsresidents, recipients and recipients;applicants;

(5) (A) Review and, if necessary, comment on any existing and proposed laws, regulations and other government policies and actions that pertain to the rights and well-being of residents of long-term care facilities or recipients of home and community-based services and applicants for admission to long-term care facilities or for home and community-based services in relation to their applications;

(A) Provide advice and consultation needed to protect the health, safety, welfare and rights of residents of long-term care facilities, recipients of home and community-based services and applicants for admission to long-term care facilities or for home and community-based services in relation to their applications;

and (2) Administrative, legal and other appropriate remedies are pursued on behalf of residents of long-term care facilities, recipients of home and community-based services and applicants for admission to long-term care facilities or for home and community-based services in relation to their applications.

(A) Does not have a direct involvement in the licensing or certification of a long-term care facility or of a provider of a long-term care orservice, including a home and community-based service;

(B) does not have an ownership or investment interest, represented by equity, debt or other financial relationship, in a long-term care facility or a long-term care orservice, including a home and community-based service;

11 October 1, 2017 17a-421(3) Statement of Purpose:Legislative Commissioners:

ToIn expandSections the3(b)(1)(B)(i), oversight11(3)(A) ofand the11(3)(B), State"including" Ombudsmanwas toadded homefor andclarity; community-based services.

[Proposedin deletionsSections are3(b)(4), enclosed3(b)(5), in5(3) brackets.to 5(5), inclusive, 6(a)(1)(A) and (6)(a)(2), "for admission to long-term care facilities or for home and community-based services" was added for clarity;

Proposedin additionsSection are3(b) indicated(8)(A), by"and underline,recipients exceptof" thatwas whenchanged theto entire"or textfor" offor aaccuracy; bill or resolution or a section of a bill or resolution is new, it is not underlined.]

in Section 3(b)(10), "Development" was changed to "Developmental" for accuracy;

Section 3(b)(14) was deleted to avoid repetition;

and in Section 5(4), "residents and recipients" was changed to "resident, recipients and applicants" for accuracy.

AGE Joint Favorable Subst.

-LCO