AN ACT CONCERNING REVISIONS TO THE STATUTES PERTAINING TO DISCHARGES IN A RESIDENTIAL CARE HOME.
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SB 922 — AN ACT CONCERNING REVISIONS TO THE STATUTES PERTAINING TO DISCHARGES IN A RESIDENTIAL CARE HOME.
Last action — MOVED TO FOOT OF CAL., SENATE
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 2021 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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
106 added · 19 removed106 line(s) added, 19 removed.
Senate General Assembly SubstituteFile Bill No.
922188 January Session, 2021 ANSubstitute ACTSenate CONCERNINGBill REVISIONSNo. TO THE STATUTES PERTAINING TO DISCHARGES IN A RESIDENTIAL CARE HOME.
922 Senate, March 29, 2021 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 REVISIONS TO THE STATUTES PERTAINING TO DISCHARGES IN A RESIDENTIAL CARE HOME.
[.] (2) "Emergency" means a situation in which a resident of a facility presents an imminent danger to his or her own health or safety, the health or safety of another resident or the health or safety of an employee or the owner of the facility;
and (4)sSB922 "Commissioner"/ meansFile theNo. Commissioner of Public Health, or the commissioner's designee.
(b)A188 facility1 shallnotsSB922 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\FORZANOF\WS\2021SB-00922-R01 of 5 SB.docx Substitute Bill No.
922188 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.
Such notice shall include the reason for the transfer or discharge, [and notice of] the effective date of the transfer or discharge, the right of the resident to appeal a transfer or discharge by the facility pursuant to subsection(d)ofthissubsection(d)ofthissection section andtheresident'sright to represent himself or herself or be represented by legal counsel.
(c)ThefacilityshallberesponsibleforassistingtheresidentinfindingsSB922 [appropriate/ placement]File anNo. alternative residence.
A188 discharge2 plan,sSB922 preparedFile 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\FORZANOF\WS\2021SB-009222 of 5 R01-SB.docx } Substitute Bill No.
922188 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 immediatesSB922 transfer/ orFile dischargeNo. of the resident from the facility.
188 3 sSB922 File No.
188 immediate transfer or discharge of the resident from the facility.
(3) Any involuntary transfer or discharge shall be stayed pending a LCOdetermination {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00923by ofthe 5commissioner R01-SB.docxor }his Substitutedesignee. Bill No.
922 determination by the commissioner or his designee.
The hearingsSB922 shall/ beFile conductedNo. in accordance with the provisions of chapter 54.
(2)188 The4 commissionersSB922 shallFile send a copy of his or her decision regarding anemergency transfer or dischargeto thefacility,theresident LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00924 of 5 R01-SB.docx } Substitute Bill No.
922188 andhearing theshall resident'sbe legalconducted guardian,in conservatoraccordance orwith other authorized representative, if known, or the resident'sprovisions legallyof liablechapter relative54. or other responsible party and the State Long-Term Care Ombudsman.
(2) The commissioner shall send a copy of his or her decision regarding anemergency transfer or dischargeto thefacility,the resident and the 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 LCOsSB922 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00922-/ 5File ofNo. 5 R01-SB.docx }
188 5 sSB922 File No.
188 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 enables residential care homes (RCH) to be considered a home and community-based setting for Medicaid waiver purposes, in compliance with federal regulations.
This is not anticipated to result in a fiscal impact to the Department of Social Services as RCH residents will continue to receive services in their current setting.
The Out Years State Impact:
None Municipal Impact:
None sSB922 / File No.
188 6 sSB922 File No.
188 OLR Bill Analysis SB 922 AN ACT CONCERNING REVISIONS TO THE STATUTES PERTAINING TO DISCHARGES IN A RESIDENTIAL CARE HOME.
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:
Show all 74 changed lines (34 more)
1.
requires the written discharge notice that RCHs provide to residents and their legally liable representatives to include contact information for the long-term care ombudsman, and for residents with mental illness or intellectual disability, also include thecontact informationfor DisabilityRightsConnecticut;
2.
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 sSB922 / File No.
188 7 sSB922 File No.
188 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, 2021 WRITTEN DISCHARGE NOTICE By law, RCHs must provide residents, and their legally liable representatives, a written discharge notice, at least 30 days prior to the date of an involuntary transfer, that includes the reason for the transfer and the resident’s right to appeal the discharge.
The bill also requires the notice to:
1.
include the resident’s right to represent him- or herself or be represented by legal counsel in an appeal;
2.
include the 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;
3.
be sent electronically or by fax to the ombudsman the same day it is given to the resident;
and 4.
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.
sSB922 / File No.
188 8 sSB922 File No.
188 COMMITTEE ACTION Public Health Committee Joint Favorable Yea 31 Nay 2 (03/12/2021) sSB922 / File No.
188 9
Show all 74 changed rows (34 more)
Action History
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MOVED TO FOOT OF CAL., SENATE
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FILE NO. 188
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SENATE CALENDAR NUMBER 150
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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 03/29/21
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FILED WITH LCO
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Joint Favorable
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PUBLIC HEARING 0303
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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 922?
- SB 922 is sponsored by Public Health Committee.
- What is the current status of SB 922?
- This bill died with 2021 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 922?
- Track SB 922 free on One Click Politics — get push/email alerts when it moves.
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