Connecticut 2019 Regular Session Status: In Committee

SB 1079 — AN ACT CONCERNING NURSING HOME FACILITY MINIMUM STAFFING LEVELS.

Last action — FILE NO. 570

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2019 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

35 added · 82 removed

35 line(s) added, 82 removed.

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General Assembly Substitute Bill No.
General Assembly Raised Bill No.
1079 January Session, 2019 AN ACT CONCERNING NURSING HOME FACILITY MINIMUM STAFFING LEVELS.
1079 January Session, 2019 LCO No.
5963 Referred to Committee on HUMAN SERVICES Introduced by:
(HS) AN ACT CONCERNING NURSING HOME FACILITY MINIMUM STAFFING LEVELS.
(NEW) (Effective from passage) (a) For purposes of this section:
(NEW) (Effective from passage) (a) As used in this section, (1) "nursing home facility" means a chronic and convalescent nursing home, and (2) "nursing staff" means licensed practical nurses, licensed pursuant to chapter 378 of the general statutes, and registered nurse's aides, registered pursuant to chapter 378a of the general statutes.
(1) "Registered nurse's aide" means a nurse's aide registered in accordance with chapter 378a of the general statutes;
(b) On and after October 1, 2019, each nursing home facility shall have sufficient nursing staff available on site to maintain a daily minimum staffing ratio of not less than two and three-tenths nursing staff hours per resident.
(2) "Daily minimum staffing ratio" means (A) two and three-tenths hours of direct care per nursing home facility resident provided by registered nurse's aides over a twenty-four-hour period, and (B) seven- tenths of one hour of medical care per nursing home facility resident provided by licensed nursing personnel over a twenty-four-hour period;
(c) If any nursing home facility experiences increased costs or expenditures due to compliance with the provisions of this section, the Department of Social Services shall adjust such facility's Medicaid rates and provide payment for any such costs or expenditures within a reasonable period of time and retroactive to the date of such increased LCO No.
(3) "Department" means the Department of Public Health;
5963 1 of 2 Raised Bill No.
(4) "Direct care" means hands-on care provided to a nursing home facility resident by a registered nurse's aide, including, but not limited to, providing assistance with feeding, bathing, toileting, dressing, lifting or moving residents, but not physical or occupational therapy, medication administration, food preparation, housekeeping or laundry services;
1079 costs or expenditures.
LCO \\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-01079-R01 of 3 SB.docx Substitute Bill No.
(d) The Commissioner of Public Health shall adopt or amend regulations, in accordance with the provisions of chapter 54 of the general statutes, to implement the provisions of this section.
1079 (5) "Licensed nursing personnel" means nurses licensed in accordance with chapter 378 of the general statutes;
Such regulations shall include, but need not be limited to, (1) use of data collected by each facility pursuant to federal staff data collection requirements as documentation of the number of nursing staff hours available on site to provide direct care to residents, and (2) a definition of the term "direct care".
and (6) "Nursing home facility" means a chronic or convalescent nursing home.
(b) On and after October 1, 2019, the Commissioner of Public Health shall require each nursing home facility to maintain a daily minimum staffing ratio as defined in subsection (a) of this section.
The daily minimum staffing ratio shall not include break, vacation, sick, personal, training, educational or other time that is not spent on direct care or medical care provided to a nursing home facility resident.
(c) The Commissioner of Public Health shall require each nursing home facility to maintain a daily record of (1) the number of residents at such facility, (2) the number of registered nurse's aides scheduled and available to provide direct care, (3) the number of licensed nursing personnel scheduled and available to provide medical care, and (4) whether a sufficient number of registered nurse's aides and licensed nursing personnel are scheduled and available to comply with the requirements of this section.
Each nursing home facility shall file quarterly reports not later than fifteen days after the start of the quarters commencing in January, April, July and October of each year with the department on the number and percentage of days in the preceding quarter that such facility has failed to comply with the provisions of this section and the reasons therefore.
(d) The Commissioner of Public Health shall require each nursing home facility to post the daily record required pursuant to subsection (c) of this section in a conspicuous place in the nursing home facility along with (1) a copy of this section, and (2) information about how to report a violation of the provisions of this section to the department and the Office of the Long-Term Care Ombudsman.
(e) The Commissioner of Public Health may randomly audit a nursing home facility for compliance witthe provisions othis section LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-01072 of 3 R01-SB.docx } Substitute Bill No.
1079 and take any disciplinary action against the facility permitted under section 19a-494 of the general statutes for failure to comply with the provisions of this section.
(f) Notwithstanding the provisions of section 17b-340 of the general statutes,the Commissioner of Social Services, within available appropriations, shall adjust the Medicaid rate for any nursing home facility that provides evidence satisfactory to the commissithat such facility has incurred increased costs to comply with the provisions of this section.
The rate adjustment shall cover any such costs incurred on or after October 1, 2019.
(g) The Commissioner of Public Health, in accordance with the provisions of chapter 54 of the general statutes, shall adopt or amend regulations to implement the provisions of this section, including, but not limited to, apportioning the daily minimum staffing ratio from seven o'clock a.m.
to nine o'clock p.m.
and nine o'clock p.m.
to seven o'clock a.m.
The commissioner may adopt policies and procedures to implement the provisions of this section in advance of the regulations provided such policies and procedures are posted on the department's Internet web site and the e-Regulations System at least thirty days prior to adoption.
Section 1 from passage New section Statement of Legislative Commissioners:
Section 1 from passage New section Statement of Purpose:
In Subsec.
To establish a minimum staffing level for nursing home services.
(b), "pursuant to" was changed to "as defined in" for accuracy.
[Proposed deletions are enclosed in brackets.
HS Joint Favorable Subst.
Proposed additions are indicated by underline, not underlined.] the entire text of a bill or resolution or a section of a bill or resolution is new, it is LCO No.
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-01079- 3 of 3 R01-SB.docx }
5963 2 of 2
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Action History

  1. FILE NO. 570

  2. SENATE CALENDAR NUMBER 282

  3. FAV. RPT., TAB. FOR CAL., SEN.

  4. RPTD. OUT OF LCO

  5. REFERRED TO Office of Legislative Research AND Office of Fiscal Analysis 04/08/19

  6. FILED WITH LCO

  7. Joint Favorable Substitute

  8. PUBLIC HEARING 0319

  9. REF. TO JOINT COMM. ON Human Services

Sponsors

  • Michelle L. Cook · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 186 not signed on

Sponsors (1)

  • Cook, Michelle L.

Co-sponsors (0)

None.

Not signed on (186)

186 members have not signed on to this bill.

Show all 186 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

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Frequently asked questions

Who sponsors SB 1079?
SB 1079 is sponsored by Cook, Michelle L..
What is the current status of SB 1079?
This bill died with 2019 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 1079?
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