SB 930 — AN ACT REQUIRING NOTICE OF A PROPOSED INVOLUNTARY TRANSFER OR DISCHARGE OF A NURSING FACILITY RESIDENT TO THE STATE OMBUDSMAN.

Senate General Assembly RaisedFile Bill No.

93099 January Session, 2023 LCOSubstitute Senate Bill No.

3401930 ReferredSenate, toMarch 16, 2023 The Committee on AGINGAging Introducedreported by:through SEN.

(AGE)HOCHADEL ANof ACTthe REQUIRING13th NOTICEDist., OFChairperson Aof PROPOSEDthe TRANSFERCommittee ORon DISCHARGEthe OFpart Aof NURSINGthe HOMESenate, FACILITYthat RESIDENTthe TOsubstitute THEbill STATEought OMBUDSMAN.to pass.

AN ACT REQUIRING NOTICE OF A PROPOSED INVOLUNTARY TRANSFER OR DISCHARGE OF A NURSING FACILITY RESIDENT TO THE STATE OMBUDSMAN.

(c) (1) Before effecting any transfer or discharge of a resident from the facility, thefacility shallnotify,inwriting,theresident andtheresident's guardian or conservator, if any, or legally liable relative or other responsible party if known, of the proposed transfer or discharge, the reasonstherefor,theeffective dateoftheproposedtransferordischarge, the location to which the resident is to be transferred or discharged, the right to appeal the proposed transfer or discharge and the procedures for initiating such an appeal as determined by the Department of Social Services, the date by which an appeal must be initiated in order to preserve the resident's right to an appeal hearing and the date by which ansSB930 appeal/ mustFile be initiated in order to stay the proposed transfer or LCO No.

340199 1 ofsSB930 3File RaisedNo. Bill No.930 discharge and the possibility of an exception to the date by which an appeal must be initiated in order to stay the proposed transfer or discharge for good cause, that the resident may represent himself or herself or be represented by legal counsel, a relative, a friend or other spokesperson, and information as to bed hold and nursing home readmission policy when required in accordance with section 19a-537.

99 an appeal must be initiated in order to stay the proposed transfer or discharge and the possibility of an exception to the date by which an appeal must be initiated in order to stay the proposed transfer or discharge for good cause, that the resident may represent himself or herself or be represented by legal counsel, a relative, a friend or other spokesperson, and information as to bed hold and nursing home readmission policy when required in accordance with section 19a-537.

(3) On the date that the facility provides notice of thea proposed involuntary transfer or discharge of a resident pursuant to the provisions of subdivision (1) of this subsection, the facility shall notify thesSB930 State/ Ombudsman,File appointed pursuant to section 17a-405, in a manner LCO No.

340199 2 ofsSB930 3File Raised Bill No.

93099 the State Ombudsman, appointed pursuant to section 17a-870, in a manner prescribed by the State Ombudsman, of such proposed involuntary transfer or discharge.

Failure to provide notice to the State Ombudsman pursuant to the provisions of this subdivision shall invalidate any notice of the proposed involuntary transfer or discharge of a resident submitted provided pursuant to the provisions of subdivision (1) of this subsection.

Sec.

2.

Subsection (k) of section 19a-535 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(k) [A] Except as otherwise provided pursuant to subdivision (3) of subsection (c) of this section, a facility shall electronically report each involuntary transfer or discharge to the State Ombudsman, appointed pursuant to section [17a-405] 17a-870, (1) in a manner prescribed by the State Ombudsman, and (2) on an Internet web site portal maintained by the State Ombudsman in accordance with patient privacy provisions of the Health Insurance Portability and Accountability Act of 1996, P.L.

104-191, as amended from time to time.

Section 1 from passage 19a-535(c) StatementSec. of Purpose:

To2 requirefrom nursingpassage home19a-535(k) facilitiesStatement to notify the State Ombudsman of aLegislative proposedCommissioners: transfer or discharge of a resident.

[ProposedIn deletionsSection are1(c)(3), enclosed"pursuant into brackets.section 17a-405" was changed to "pursuant to section 17a-870" for accuracy and Section 2 was added for statutory consistency.

ProposedAGE additionsJoint areFavorable indicatedSubst. by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.] LCO No.

3401sSB930 3/ ofFile 3No.

99 3 sSB930 File No.

99 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:

None Municipal Impact:

None Explanation The bill, which requires nursing homes to notify the Long-Term Care Ombudsman of a resident’s involuntary transfer or discharge on the same day the nursing home notifies the resident, is not expected to have any fiscal impact to the state or municipalities.

The Out Years State Impact:

None Municipal Impact:

None sSB930 / File No.

99 4 sSB930 File No.

99 OLR Bill Analysis sSB 930 AN ACT REQUIRING NOTICE OF A PROPOSED INVOLUNTARY TRANSFER OR DISCHARGE OF A NURSING FACILITY RESIDENT TO THE STATE OMBUDSMAN.

SUMMARY This bill requires nursing homes to notify the Long-Term Care Ombudsman of a resident’s involuntarily transfer or discharge on the same day the nursing home notifies the resident.

The ombudsman must prescribe how to provide the notification.

By law, nursing homes must give residents and their representatives written notification about a discharge or transfer at least 30 days in advance, including information on the appeals process and the ombudsman’s contact information.

Under the bill, nursing homes must also notify the ombudsman on the same date if the transfer or discharge is involuntary.

If a nursing home fails to do so, the involuntary transfer or discharge is invalidated and cannot go forward.

EFFECTIVE DATE: