AN ACT CONCERNING THE DEPARTMENT OF PUBLIC HEALTH'S RECOMMENDATIONS REGARDING TRANSFERS AND DISCHARGES OF R...
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SB 453 — AN ACT CONCERNING THE DEPARTMENT OF PUBLIC HEALTH'S RECOMMENDATIONS REGARDING TRANSFERS AND DISCHARGES OF RESIDENTIAL CARE HOME RESIDENTS.
Last action — FILE NO. 453
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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2In Committee
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3Passed Senate
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4Passed House
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5To Executive
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6Enacted
This bill died with 2022 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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
95 added · 16 removed95 line(s) added, 16 removed.
Senate General Assembly SubstituteFile Bill No.
453 February Session, 2022 ANSubstitute ACTSenate CONCERNINGBill THENo. DEPARTMENT OF PUBLIC HEALTH'S RECOMMENDATIONS REGARDING TRANSFERS AND DISCHARGES OF RESIDENTIAL CARE HOME RESIDENTS.
453 Senate, April 13, 2022 The Committee on Public Health reported through SEN.
DAUGHERTY ABRAMS of the 13th Dist., Chairperson of the Committee on the part of the Senate, that the substitute bill ought to pass.
AN ACT CONCERNING THE DEPARTMENT OF PUBLIC HEALTH'S RECOMMENDATIONS REGARDING TRANSFERS AND DISCHARGES OF RESIDENTIAL CARE HOME RESIDENTS.
and (4)sSB453 "Commissioner"/ meansFile theNo. Commissioner of Public Health, or the commissioner's designee.
(b)A453 facility1 shallnotsSB453 transferFile or discharge aresident fromthefacility unless (1) the transfer or discharge is necessary to meet the resident's welfare and the resident's welfare cannot be met in the facility, (2) the transfer or discharge is appropriate because the resident's health has LCO \\PRDFS1\SCOUSERS\KEHOET\WS\2022SB-00453-R01-1 of 5 SB.docx Substitute Bill No.
453 improved(4) sufficiently"Commissioner" someans the residentCommissioner no longer needs the services provided by the facility, (3) the health or safety of individualsPublic inHealth, the facility is endangered, (4) the resident has failed, after reasonable and appropriate notice, to pay for a stay or a requested service [,] at the facility,commissioner's ordesignee. (5) the facility ceases to operate.
(b)A facility shallnot transfer or discharge aresident fromthefacility unless (1) the transfer or discharge is necessary to meet the resident's welfare and the resident's welfare cannot be met in the facility, (2) the transfer or discharge is appropriate because the resident's health has improved sufficiently so the resident no longer needs the services provided by the facility, (3) the health or safety of individuals in the facility is endangered, (4) the resident has failed, after reasonable and appropriate notice, to pay for a stay or a requested service [,] at the facility, or (5) the facility ceases to operate.
(c)ThefacilityshallberesponsibleforassistingtheresidentinfindingsSB453 [appropriate/ placement]File anNo. alternative residence.
A453 discharge plan, prepared by the facility, [which indicates] in a form and manner prescribed by the commissioner, as modified from time to time, shall include the resident's individual needs and shall [accompany the patient] be submitted to the resident not later than seven days after the LCO {\\PRDFS1\SCOUSERS\KEHOET\WS\2022SB-00453- 2 ofsSB453 5File R01-SB.docx } Substitute Bill No.
453 notice(c)Thefacilityshallberesponsibleforassistingtheresidentinfinding of[appropriate transferplacement] oran dischargealternative isresidence. issued to the resident.
A discharge plan, prepared by the facility, [which indicates] in a form and manner prescribed by the commissioner, as modified from time to time, shall include the resident's individual needs and shall [accompany the patient] be submitted to the resident not later than seven days after the notice of transfer or discharge is issued to the resident.
If, as a result of such a request, the commissioner or his designee determines that a failure to effect an immediate transfer or discharge would endanger the health, safety or welfare of the resident or other residents, the commissioner or his designee shall order the immediatesSB453 transfer/ orFile dischargeNo. of the resident from the facility.
453 3 sSB453 File No.
453 immediate transfer or discharge of the resident from the facility.
(3) Any involuntary transfer or discharge shall be stayed pending a LCOdetermination {\\PRDFS1\SCOUSERS\KEHOET\WS\2022SB-00453-3by ofthe 5commissioner R01-SB.docxor }his Substitutedesignee. Bill No.
453 determination by the commissioner or his designee.
The commissioner shall issue a decision not later than twenty days after the date on which the hearing recordsSB453 is/ closed.File No.
453 4 sSB453 File No.
453 record is closed.
(2) The commissioner shall send a copy of the decision regarding an emergency transfer or discharge to the facility, the resident and the LCOresident's {\\PRDFS1\SCOUSERS\KEHOET\WS\2022SB-00453-4legal ofguardian, 5conservator R01-SB.docxor }other Substituteauthorized Billrepresentative, No.if known, or the resident's legally liable relative or other responsible party and the State Long-Term Care Ombudsman.
453 resident's legal guardian, conservator or other authorized representative, if known, or the resident's legally liable relative or other responsible party and the State Long-Term Care Ombudsman.
-LCO LCOsSB453 {\\PRDFS1\SCOUSERS\KEHOET\WS\2022SB-00453-/ 5File ofNo. 5 R01-SB.docx }
453 5 sSB453 File No.
453 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.
In general, fiscal impacts are based upon a variety of informational sources, including the analyst’s professional knowledge.
Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.
OFA Fiscal Note State Impact:
See Below Municipal Impact:
None Explanation The bill aligns state statute with federal regulations to ensure Residential Care Homes can receive reimbursement under Medicaid as a home and community-based setting which results in no fiscal impact.
sSB453 / File No.
453 6 sSB453 File No.
453 OLR Bill Analysis SB 453 AN ACT CONCERNING THE DEPARTMENT OF PUBLIC HEALTH'S RECOMMENDATIONS REGARDING TRANSFERS AND DISCHARGES OF RESIDENTIAL CARE HOME RESIDENTS.
SUMMARY This bill modifies requirements for the involuntary discharge of residential care home (RCH) residents to allow RCHs to qualify as Medicaid home- and community-based settings.
Principally, it does the following:
1.
requires the written discharge notice to include contact information for (a) the long-term care ombudsman for RCH residents and their legally liable residents and (b) Disability Rights Connecticut, Inc.
for residents with mental illness or intellectual disability;
2.
Show all 63 changed lines (23 more)
requires RCHs to provide residents with a discharge plan for alternate residency within seven days after issuing the discharge notice and, in the case of an appeal, submit it to the Department of Public Health (DPH) on or before the required hearing date;
3.
requires DPH to make a determination on an RCH’s request for an immediate, emergency transfer within 20 days after the required hearing (current law does not specify a deadline);
4.
requires DPH to send a copy of the emergency discharge determination to the resident, the resident’s legally liable representative, and the long-term care ombudsman;
5.
requires DPH, if it determines an emergency discharge is not warranted, to proceed with a hearing under the regular involuntary discharge process;
and 6.
allows an RCH or a resident aggrieved by a DPH decision to sSB453 / File No.
453 7 sSB453 File No.
453 appeal to the Superior Court and requires the court to consider the appeal a privileged case.
The bill defines “emergency” as a situation in which a resident presents an imminent danger to the health and safety of him- or herself, another resident, or an owner or employee of the facility.
Lastly, the bill makes minor, technical, and conforming changes.
EFFECTIVE DATE:
October 1, 2022 WRITTEN DISCHARGE NOTICE By law, RCHs must provide a written discharge notice to residents and their legally liable representatives at least 30 days prior to the date of an involuntary transfer.
The notice must include the reason for the transfer and the resident’s right to appeal the discharge.
The bill also requires the notice to include the (1) resident’s right to represent him- or herself or be represented by legal counsel in an appeal and (2) contact information for the long-term care ombudsman and, for residents with mental illness or intellectual disability, also include the contact information for Disability Rights Connecticut.
The notice must be sent electronically or by fax to the ombudsman the same day it is given to the resident and be in a form and manner the DPH commissioner prescribes.
SUPERIOR COURT APPEALS The bill allows an RCH or a resident who is aggrieved by the DPH commissioner’s final decision to appeal to the Superior Court in accordance with the Uniform Administrative Procedure Act.
Under the bill, filling an appeal with the court does not in itself stay the DPH decision.
The court must consider these appeals as privileged cases in order to dispose of them with the least possible delay.
COMMITTEE ACTION Public Health Committee Joint Favorable Yea 29 Nay 0 (03/25/2022) sSB453 / File No.
453 8
Show all 63 changed rows (23 more)
Action History
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FILE NO. 453
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SENATE CALENDAR NUMBER 317
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FAV. RPT., TAB. FOR CAL., SEN.
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RPTD. OUT OF LCO
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REFERRED TO Office of Legislative Research AND Office of Fiscal Analysis 04/12/22
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FILED WITH LCO
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Joint Favorable
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PUBLIC HEARING 0321
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REF. TO JOINT COMM. ON Public Health
Sponsors
- Public Health Committee · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 186 not signed on
Sponsors (1)
- Public Health Committee
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.
Subjects
Frequently asked questions
- Who sponsors SB 453?
- SB 453 is sponsored by Public Health Committee.
- What is the current status of SB 453?
- This bill died with 2022 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 453?
- Track SB 453 free on One Click Politics — get push/email alerts when it moves.
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