Connecticut 2021 Regular Session Status: Enacted Bipartisan · 10 D · 9 R cosponsors

SB 975 — AN ACT STRENGTHENING THE BILLS OF RIGHTS FOR LONG-TERM CARE RESIDENTS AND AUTHORIZING THE USE OF RESIDENT TECHNOLOGY FOR VIRTUAL VISITATION AND VIRTUAL MONITORING.

Last action — SIGNED BY GOVERNOR

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

This bill has been enacted into law. Introduced March 02, 2021. Enacted.

Prognosis

Likely to advance 78% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 29 sponsors

    29 primary, 0 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (10 D · 9 R) — cross-party backing.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

422 added · 354 removed

422 line(s) added, 354 removed.

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Senate General Assembly File No.
Substitute Senate Bill No.
193 January Session, 2021 Substitute Senate Bill No.
975 Public Act No.
975 Senate, March 29, 2021 TheCommitteeonAgingreportedthroughSEN.MILLERofthe 27th Dist., Chairperson of the Committee on the part of the Senate, that the substitute bill ought to pass.
21-55 AN ACT STRENGTHENING THE BILLS OF RIGHTS FOR LONG- TERM CARE RESIDENTS AND AUTHORIZING THE USE OF RESIDENT TECHNOLOGY FOR VIRTUAL VISITATION AND VIRTUAL MONITORING.
AN ACT STRENGTHENING THE BILL OF RIGHTS FOR LONG-TERM CARE FACILITY RESIDENTS.
(1) Is entitled to treat his or her living quarters as his or her home and, subject to rules designed to protect the privacy, health and safety of other patients at a nursing home facility, residential care home or chronic disease hospital, has no fewer rights than any other resident of the state, including, but not limited to (A) associating and sSB975 / File No.
(1) Is entitled to treat his or her living quarters as his or her home and, subject to rules designed to protect the privacy, health and safety of other patients at a nursing home facility, residential care home or chronic disease hospital, has no fewer rights than any other resident of the state, including, but not limited to (A) associating and communicating privately with persons of the patient's choice, and (B) purchasing and using technology of the patient's choice, including, but Substitute Senate Bill No.
193 1 sSB975 File No.
975 not limited to, technology that may facilitate virtual visitation with family and other persons, provided operation and use of such technology shallnot violate any individual'sright to privacy under state orfederallaw;(2)isfullyinformed,asevidencedbythepatient'swritten acknowledgment, prior to or at the time of admission and during the patient's stay, of the rights set forth in this section and of all rules and regulations governing patient conduct and responsibilities;
193 communicating privately with persons of the patient's choice, and (B) purchasing and using technology of the patient's choice, including, but not limited to, technology that may facilitate virtual visitation with family and other persons, provided operation and use of such technology shallnot violate any individual'sright to privacy under state orfederallaw;(2)isfullyinformed,asevidencedbythepatient'swritten acknowledgment, prior to or at the time of admission and during the patient's stay, of the rights set forth in this section and of all rules and regulations governing patient conduct and responsibilities;
[(4)] (5) in a residential care home or a chronic disease hospital is transferred from one room to another within such home or chronic disease hospital only for medical reasons, or for the patient's welfare or that ofother patients,asdocumentedinthepatient'smedicalrecordand such record shall include documentation of action taken to minimize any disruptive effects of such transfer, except a patient who is a Medicaid recipient may be transferred from a private room to a nonprivate room, provided no patient may be involuntarily transferred from one room to another within such home or chronic disease hospital if (A) it is medically established that the move will subject the patient to a reasonable likelihood of serious physical injury or harm, or (B) the patient has a prior established medical history of psychiatric problems and there is psychiatric testimony that as a consequence of the proposed move there will be exacerbation of the psychiatric problem that would sSB975 / File No.
[(4)] (5) in a residential care home or a chronic disease hospital is transferred from one room to another within such home or chronic disease hospital only for medical reasons, or for the patient's welfare or that ofother patients,asdocumentedinthepatient'smedicalrecordand such record shall include documentation of action taken to minimize any disruptive effects of such transfer, except a patient who is a Medicaid recipient may be transferred from a private room to a nonprivate room, provided no patient may be involuntarily transferred from one room to another within such home or chronic disease hospital if (A) it is medically established that the move will subject the patient to a reasonable likelihood of serious physical injury or harm, or (B) the patient has a prior established medical history of psychiatric problems and there is psychiatric testimony that as a consequence of the proposed move there will be exacerbation of the psychiatric problem that would Public Act No.
193 2 sSB975 File No.
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193 last over a significant period of time and require psychiatric intervention;
975 last over a significant period of time and require psychiatric intervention;
(6)] (B) present grievances and recommend changes in policies, procedures and services to the manager or staff of the nursing home facility, residential care home or chronic disease hospital, government officials or any other person without restraint, interference, coercion, discrimination or reprisal from the nursing home facility, residential care home or chronic disease hospital, and (C) access to representatives of the Department of Public Health, the Department of Social Services or the Office of the Long-Term Care Ombudsman;
(6)] (B) present grievances and recommend changes in policies, procedures and services to the manager or staff of the nursing home facility, residential care home or chronic disease hospital, government officials or any other person without restraint, interference, coercion, discrimination or reprisal from the nursing home facility, residential care home or chronic disease hospital, and (C) access to representatives of the Department of Public Health or the Office of the Long-Term Care Ombudsman;
[(7)] (8) may manage the patient's personal financial affairs, and is given a quarterly accounting of financial transactions made on the patient's behalf;
[(7)] (8) may manage the patient's personal financial affairs, and is given a quarterly accounting Public Act No.
[(8)] (9) is free from mental and physical sSB975 / File No.
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193 3 sSB975 File No.
975 of financial transactions made on the patient's behalf;
193 abuse, corporal punishment, involuntary seclusion and any physical or chemical restraints imposed for purposes of discipline or convenience and not required to treat the patient's medical symptoms.
[(8)] (9) is free from mental and physical abuse, corporal punishment, involuntary seclusion and any physical or chemical restraints imposed for purposes of discipline or convenience and not required to treat the patient's medical symptoms.
[(9)] (10) is assured confidential treatment of the patient's personal and medical records, and may approve or refuse their release to any individual outside the facility, except in case of the patient's transfer to another health care institution or as required by law or third- party payment contract;
[(9)] (10) is assured confidential treatment of the patient's personal and medical records, and may approve or refuse their release to any individual outside the facility, except in case of the patient's transfer to another health care institution or as required by law or third-party payment contract;
[(10)] (11) receives quality care and services with reasonable accommodation of individual needs and preferences, except where the health or safety of the individual would be endangered, and is treated with consideration, respect, and full recognition of the patient's dignity and individuality, including privacy in treatment and in care for the patient's personal needs;
[(10)] (11) receives quality care and services with reasonable accommodation of individual needs and preferences, except where the health or safety of the individual would be endangered, and is treated with consideration, respect, and full recognition of the patient's dignity and individuality,includingprivacyintreatmentandincareforthepatient's personal needs;
[(12) may associate and communicate privately with persons of the patient's choice, including other patients,] (13) (A) may send and receive the patient's personalmailunopenedandmakeandreceivetelephonecallsprivately, unless medically contraindicated, as documented by the patient's physician or advanced practice registered nurse in the patient's medical record, and (B) receives adequate notice before the patient's room or roommate in such facility, home or chronic disease hospital is changed;
[(12) may associate and communicate privately with persons of the patient's choice, including other patients,] (13) (A) may send and receive the patient's personal mail unopened and make and receive telephone calls privately, unless medically contraindicated, as documented by the patient's physician or advanced practice registered nurse in the patient's medical record, and (B) receives adequate notice before the patient's room or roommate in such facility, home or chronic disease hospital is changed;
[(13)] (14) is entitled to organize and participate in patient groups in such facility, home or chronic disease hospital and to participate in social, religious and community activities that do not interfere with the rights of other patients, unless medically contraindicated, as documented by the patient's physician or advanced practice registered nurse in the patient's medical records;
[(13)] (14) is entitled to organize and participate in patient groups in such facility, home or chronic disease hospital and to participate in social, religious and community activities that do not interfere with the rights of other patients, unless medically Public Act No.
[(14)] (15) may retain and use the patient's personal clothing and possessions unless to do so would sSB975 / File No.
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193 4 sSB975 File No.
975 contraindicated, as documented by the patient's physician or advanced practice registered nurse in the patient's medical records;
193 infringe upon rights of other patients or unless medically contraindicated, as documented by the patient's physician or advanced practice registered nurse in the patient's medical record;
[(14)] (15) may retain and use the patient's personal clothing and possessions unless to do so would infringe upon rights of other patients or unless medically contraindicated, as documented by the patient's physician or advanced practice registered nurse in the patient's medical record;
[(21)] (22) is entitled to have psychopharmacologic drugs administered only on orders of a physician or an advanced practice registered nurse and only as part of a written plan of care developed in accordance with Section 1919(b)(2) of the Social Security Act and designed to eliminate or modify the symptoms for which the drugs are prescribed and only if, at least annually, an independent external consultant reviews the appropriateness of the drug plan;
[(21)] (22) is entitled to have psychopharmacologic drugs administered only on orders of a physician or an advanced practice registered nurse and only as part of a written plan of care Public Act No.
[(22)] (23) is entitled to be transferred or discharged from the facility only sSB975 / File No.
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193 5 sSB975 File No.
975 developed in accordance with Section 1919(b)(2) of the Social Security Act and designed to eliminate or modify the symptoms for which the drugs are prescribed and only if, at least annually, an independent external consultant reviews the appropriateness of the drug plan;
193 pursuant to section 19a-535, 19a-535a or 19a-535b, as applicable;
[(22)] (23) is entitled to be transferred or discharged from the facility only pursuant to section 19a-535, 19a-535a or 19a-535b, as applicable;
(a) A managed residential community shall have a written bill of rights that prescribes the rights afforded to each resident.
Public Act No.
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975 (a) A managed residential community shall have a written bill of rights that prescribes the rights afforded to each resident.
sSB975 / File No.
(1) Live in a clean, safe and habitable private residential unit;
193 6 sSB975 File No.
193 (1) Live in a clean, safe and habitable private residential unit;
[and visiting with persons of one's choice;] (6) Freedom to participate in and benefit from community services andactivitiessoastoachievethehighestpossiblelevelofindependence, autonomy and interaction within the community;
[and visiting with persons of one's choice;] Public Act No.
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975 (6) Freedom to participate in and benefit from community services andactivitiessoastoachievethehighestpossiblelevelofindependence, autonomy and interaction within the community;
sSB975 / File No.
(9) Exercise civil and religious liberties;
193 7 sSB975 File No.
193 (9) Exercise civil and religious liberties;
(14) Be fully advised of the relationship that the managed residential community has with any assisted living services agency, health care facility or educational institution to the extent that such relationship relates to resident medical care or treatment and to receive an explanation about the relationship;
(14) Be fully advised of the relationship that the managed residential community has with any assisted living services agency, health care facility or educational institution to the extent that such relationship Public Act No.
21-55 8 of 14 Substitute Senate Bill No.
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975 relates to resident medical care or treatment and to receive an explanation about the relationship;
sSB975 / File No.
Sec.
193 8 sSB975 File No.
3.
193 This act shall take effect as follows and shall amend the following sections:
(NEW) (Effective October 1, 2021) (a) For purposes of this section:
Section 1 July 1, 2021 19a-550(b) Sec.
(1) "Nursing home facility" has the same meaning as provided in section 19a-490 of the general statutes;
2 July 1, 2021 19a-697(a) Statement of Legislative Commissioners:
(2) "Resident" means a resident of a nursing home facility;
In Section 2(a)(5), "engaging in" was added for clarity and proper sentence structure.
(3) "Resident representative" means (A) a court-appointed conservator of the person or guardian, (B) a health care representative appointed pursuant to section 19a-575a of the general statutes, or (C) if there is no court-appointed conservator of the person or guardian, or health care representative, a person who is (i) designated in a written document signed by the resident and included in the resident's records on file with the facility, or (ii) if there is no such written document, a person who is a legally liable relative or other responsible party, provided such person is not an employer or contractor of the facility;
AGE Joint Favorable Subst.
(4) "Technology" means a device capable of remote audio or video communications that may include recording capabilities;
sSB975 / File No.
Public Act No.
193 9 sSB975 File No.
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193 The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose.
975 (5) "Virtual monitoring" means remote monitoring of a resident by a third party via technology owned and operated by the resident in the resident's room or living quarters;
In general, fiscal impacts are based upon a variety of informational sources, including the analyst’s professional knowledge.
and (6) "Virtual visitation" means remote visitation between a resident and family members or other persons with technology.
Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.
(b) A resident shall have the right to use technology of the resident's choice that facilitates virtual monitoring or virtual visitation, provided:
OFA Fiscal Note State Impact:
(1) The purchase, activation, installation, maintenance, repair, operation, deactivation and removal of such technology is at the expense of the resident;
None Municipal Impact:
(2) The technology and any recordings and images obtained therefrom are used by the resident and any person communicating with the resident or monitoring the resident in a manner that does not violate any individual's right to privacy under state or federal law and in accordance with the provisions of this section;
None Explanation The bill, which expands nursing home patients’ bill of rights to include access to representatives of the Departments of Public Health and Social Services, and the Office of the Long-Term Care Ombudsman, isnotanticipatedtoresultinafiscalimpacttothestateormunicipalities.
(3) A clear and conspicuous notice is placed on the door of the resident's room or living unit indicating that technology enabling virtual monitoring and intended for such use may be in use;
The Out Years State Impact:
(4) In cases where the resident intends to use technology for virtual monitoring in shared living situations, the resident or resident representative provides advance notice to a roommate or the roommate's representative specifying the type of technology, the proposed location of the device, its intended use, intended hours of operation and whether the device is capable of recording audio or video or being activated remotely;
None Municipal Impact:
(5) The resident or resident representative (A) obtains the written consent of all roommates or resident representatives of all roommates for the use of the technology for virtual monitoring, and (B) if any Public Act No.
None sSB975 / File No.
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193 10 sSB975 File No.
975 roommate withdraws consent, ceases using the technology for virtual monitoring until consent is obtained;
193 OLR Bill Analysis sSB 975 AN ACT STRENGTHENING THE BILL OF RIGHTS FOR LONG-TERM CARE FACILITY RESIDENTS.
and (6) The resident or resident representative files a signed, written notice with the nursing home facility and a copy of any written consent ofany roommate not lessthansevendaysbefore installing orusing such technology for virtual monitoring that (A) identifies the type of technology, its intended use, intended hours of operation and location of such technology in the room or living quarters, (B) states whether the technology is capable of recording audio or video or being activated or controlled remotely, (C) acknowledges that the resident is responsible for thepurchase, activation,installation,maintenance, repair,operation, deactivation and removal of such technology, and (D) includes a waiver of all civil, criminal and administrative liability for the nursing home facility in accordance with subsection (d) of this section.
SUMMARY This bill adds to the nursing home patients’ bill of rights (see BACKGROUND), which applies to patients in nursing homes, residential care homes, and chronic disease hospitals.
Except for the provisions of subdivision (2) of this subsection, the provisions of this subsection shall not apply to cellular mobile telephones used primarily for telephonic communication or tablets not used for virtual monitoring.
For these patients, the bill adds the right to treat their living quarters as their own home.
If a roommate withdraws consent for the use of technology for virtual monitoring, a resident or resident representative shall inform the facility, in writing, not later than seven days after the roommate withdraws consent.
It also specifies that they have no fewer rights than other state residents, subject to rules designed to protect other patients’ privacy, health, and safety at the facility.
(c)(1)Anursinghome facilityshallprovideInternetaccess,electricity andapowersourcefortechnologyusedforvirtualmonitoringorvirtual visitation at no cost to a resident, provided (A) a nursing home facility includes the cost of providing Internet access in cost reports filed with the Department of Social Services for purposes of Medicaid reimbursement, (B) the cost is reimbursed to the facility if the department determines that such cost is eligible for reimbursement pursuant to section 17b-340 of the general statutes, (C) the Commissioner of Social Services uses any available funding provided by the federal government to the state and authorized by the federal Public Act No.
Under the bill, this includes the right to:
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1.
975 government for expensesrelatedto COVID-19at nursing homefacilities to provide grants-in-aid to such facilities for such upgrades, provided such use is approved by the federal government, and (D) a nursing home facility may assess a prorated portion of any unreimbursed cost ofsuchupgradestoanyresidentprivatelypayingforaresidenceinsuch facility and using such technology.
associate and communicate privately with people the patient chooses and 2.
A resident may also procure his or her own Internet connectivity.
purchase and use technology the patient chooses, including technology that facilitates virtual visitation with family and others, provided the technology’s use and operation does not violate any individual’s right to privacy under state or federal law.
A private-paying resident who procures his or her own Internet connectivity shall not be charged for the cost of any Internet infrastructure upgrades by the nursing home facility necessary for residents to use such technology.
The bill also extends these rights to residents of managed residential communities (e.g., assisted living facilities) under their bill of rights, which is generally similar to the nursing home patients’ bill of rights.
(2) A nursing home facility may establish policies and procedures on the use of technology for virtual monitoring addressing (A) except for cellular mobile telephones used primarily for telephonic communication or tablets not used for virtual monitoring, placement of any technology device in a conspicuously visible, stationary location in the resident's room or living quarters, (B) restrictions on use of the technologytorecordvideooraudiooutsidetheresident'sroomorliving quarters or in any shared common space, (C) compliance with applicable federal, state and local life safety and fire protection requirements, (D) limitations on use of technology for virtual monitoring when such use will interfere with resident care or privacy unless the resident, a roommate of the resident, or his or her resident representative, consents to such use, (E) the ability to limit use of technology in the event of a disruption to the facility's Internet service, and (F) actions that the nursing home facility may take for failure to comply with applicable federal, state and local laws or facility policy in the use of technology and the process by which a resident may appeal such actions.
Under current law, the nursing home patients’ bill of rights grants patientstheright tobeencouragedandassistedinexercising theirrights as a patient and citizen, including:
(d) A nursing home facility shall be immune from any civil, criminal or administrative liability for any (1) violation of privacy rights of any individual under state or federal law caused by a resident's use of Public Act No.
1.
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being fully informed about their rights by state and federal advocacy programs and sSB975 / File No.
975 technology;
193 11 sSB975 File No.
(2) damage to the resident's technology, including, but not limited to, malfunction not caused by the negligence of the nursing home facility;
193 2.
and (3) instance when audio or video produced by the resident's technology is inadvertently or intentionally disclosed to, intercepted or used by an unauthorized third party.
voicing grievances and recommending changes to facility staff or outside representatives without restraint, discrimination, coercion, or reprisal.
(e) A nursing home facility shall place a conspicuous notice (1) at the entrance to the facility indicating that technology enabling virtual monitoring or virtual visitation may be in use in some residents' rooms or living quarters;
The bill expands this right to also include the right to access representatives of the Public Health and Social Services departments and the Office of the Long-Term Care Ombudsman.
and (2) except for cellular mobile telephones used primarily for telephonic communication or tablets not used for virtual monitoring, on the door of any resident's room or living quarters where such technology may be used for virtual monitoring.
EFFECTIVE DATE:
In cases where any roommate of a resident refuses to give consent for use of technology for virtual monitoring that may capture audio or video of the roommate, a nursing home facility shall work with both the resident and the roommate to seek an acceptable accommodation for use of the technology with the roommate's consent.
July 1, 2021 BACKGROUND Patients’ Bill of Rights Existing law establishes a patients’ bill of rights for nursing home, residential care home, and chronic disease hospital patients.
If the roommate continues to refuse consent, the nursing home facility shall work with the resident wishing to use such technology to develop an alternative, including transfer to another room with a roommate who consents to use of the technology, provided an appropriate room is available and the resident is able to pay any difference in price if the new room is more costly than the resident's current room.
It contains a broad and detailed set of rights an individual must be fully informed of before or upon admission to the facility and during the patient’s stay.
(f) The Office of the Long-Term Care Ombudsman may provide standard forms on its Internet web site for (1) notice by a resident to a nursing home facility of the resident's plan to install and use technology of his or her choice for virtual monitoring;
Among other things, patients have the right to (1) be free from abuse and neglect, (2) participate in the planning oftheir care, (3) manage their own financial affairs, and (4) have their grievances resolved promptly (CGS § 19a-550).
(2) consent forms for any roommate of a resident who wishes to use technology for virtual monitoring that may capture audio or video of the roommate;
Federal nursing home law contains provisions generally similar to state law concerning these rights (42 U.S.C.
and (3) forms for a resident or resident representative to notify the facility that a roommate has withdrawn consent for use of technology for virtual Public Act No.
§ 1395i- 3(c) and 42 C.F.R.
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§ 483.10).
975 monitoring.
COMMITTEE ACTION Aging Committee Joint Favorable Substitute Yea 16 Nay 0 (03/11/2021) sSB975 / File No.
The Office of the Long-Term Care Ombudsman shall develop such standard forms in consultation with nursing home facility representatives and the Department of Public Health.
193 12
(g) The Commissioner of Public Health may adopt regulations in accordance with the provisions of chapter 54 of the general statutes to implement the provisions of this section.
Approved June 16, 2021 Public Act No.
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Action History

  1. SIGNED BY GOVERNOR

  2. TRANSMITTED BY SECRETARY OF THE STATE TO GOVERNOR

  3. TRANSMITTED TO SECRETARY OF THE STATE

  4. PUBLIC ACT 21-55

  5. IN CONCURRENCE

  6. HOUSE PASSED, SEN. AMEND. SCH. A

  7. HOUSE ADOPTED SEN. AMEND. SCH. A

  8. HOUSE CALENDAR NUMBER 505

  9. FAV. RPT., TABLED FOR HOUSE CALENDAR

  10. ON CONSENT CALENDAR

  11. SEN. PASSED, SEN. AMEND. SCH. A

  12. SEN. ADOPTED SEN. AMEND. SCH. A

  13. FILE NO. 193

  14. SENATE CALENDAR NUMBER 155

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

  16. RPTD. OUT OF LCO

  17. REFERRED TO Office of Legislative Research AND Office of Fiscal Analysis 03/29/21

  18. FILED WITH LCO

  19. Joint Favorable Substitute

  20. PUBLIC HEARING 0309

  21. REF. TO JOINT COMM. ON Aging

Sponsors

Sponsorship breakdown

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29 sponsors · 0 co-sponsors · 158 not signed on

Sponsors (29)

Co-sponsors (0)

None.

Not signed on (158)

158 members have not signed on to this bill.

Show all 158 →

"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

civil-rights healthcare technology
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Frequently asked questions

Who sponsors SB 975?
SB 975 is sponsored by John-Michael Parker (Democratic), Tami Zawistowski (Republican), Betts, Whit, Green, Robin, Devlin, Laura M., Cook, Michelle L., Conley, Christine, Irene M. Haines (Republican), Bobby G. Gibson (Democratic), Saud Anwar (Democratic), Witkos, Kevin D., Kara Rochelle (Democratic), Nicole Klarides-Ditria (Republican), Eric C. Berthel (Republican), Maria P. Horn (Democratic), Joseph H. Zullo (Republican), Tom Delnicki (Republican), Gary A. Turco (Democratic), Jason Doucette (Democratic), Jaime S. Foster (Democratic), Catherine A. Osten (Democratic), Formica, Paul M., Christie M. Carpino (Republican), Jane M. Garibay (Democratic), Paul Cicarella (Republican), Phipps, Quentin W., D'amelio, Anthony J., Tim Ackert (Republican), and Kevin C. Kelly.
What is the current status of SB 975?
This bill has been enacted into law. Introduced March 02, 2021. Enacted.
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