Bill Text: CT HB05232 | 2010 | General Assembly | Introduced

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Bill Title: An Act Concerning Transfer Or Discharge Of Residential Care Home Patients.

Spectrum: Committee Bill

Status: (Introduced - Dead) 2010-02-26 - Public Hearing 03/02 [HB05232 Detail]

Download: Connecticut-2010-HB05232-Introduced.html

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General Assembly		Raised Bill No. 5232
February Session, 2010		LCO No. 1038
		*01038_______HS_*
Referred to Committee on Human Services
Introduced by:
(HS)

AN ACT CONCERNING TRANSFER OR DISCHARGE OF RESIDENTIAL CARE HOME PATIENTS.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 19a-535a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2010):

(a) As used in this section, a "facility" means a residential care home, as defined in section 19a-490, and an "advocate" means a person, selected by a resident of the facility to represent his or her interests, who the resident has identified, in a written notice to the facility, as the person who will act as the resident's advocate. Advocate includes, but shall not be limited to, persons associated with the Office of Protection and Advocacy for Persons with Disabilities, the Office of the Long Term Care Ombudsman and the Connecticut Legal Rights Project, Inc.

(b) A facility shall not transfer or discharge a resident from the facility 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. In the case of an involuntary transfer or discharge, the resident and [, if known, his] the resident's legally liable relative, guardian or conservator, if known, and the resident's advocate, if any, shall be given a thirty-day written notification which includes: [the] (A) The reason for the transfer or discharge and notice of the right of the resident to appeal a transfer or discharge by the facility pursuant to subsection (d) of this section; (B) a statement advising the resident that the resident has the right to select an advocate to act on the resident's behalf in transfer and discharge proceedings; and (C) contact information for the Office of Protection and Advocacy for Persons with Disabilities, the Office of the Long Term Care Ombudsman and the Connecticut Legal Rights Project, Inc. No resident shall be involuntarily transferred or discharged from a facility if such transfer or discharge presents imminent danger of death.

(c) The facility shall be responsible for assisting the resident in finding appropriate placement. A discharge plan, prepared by the facility, which indicates the resident's individual needs shall accompany the patient.

(d) (1) For transfers or discharges effected on or after October 1, 1989, a resident or his legally liable relative, guardian or conservator, and the resident's advocate, if any, who has been notified by a facility, pursuant to subsection (b) of this section, that he will be transferred or discharged from the facility may appeal such transfer or discharge to the Commissioner of Public Health by filing a request for a hearing with the commissioner [within ten days of] not later than fifteen business days after the date of receipt of such notice. Such request shall be deemed timely filed if postmarked not later than fifteen days after receipt of such notice. Upon receipt of any such request, the commissioner or his designee shall hold a hearing to determine whether the transfer or discharge is being effected in accordance with this section. Such a hearing shall be held [within] not later than seven business days [of] after the date of receipt of such request and [a determination made by] the commissioner or [his] the commissioner's designee [within] shall issue a decision on the transfer or discharge not later than twenty days [of] after the termination of the hearing. The hearing shall be conducted in accordance with chapter 54. Any advocate may initiate an appeal on behalf of a resident and may represent the resident at any proceeding regarding the resident's involuntary transfer or discharge.

(2) In an emergency the facility may request that the commissioner make a determination as to the need for an immediate transfer or discharge of a resident. Before making such a determination, the commissioner shall notify the resident and, if known, his legally liable relative, guardian or conservator, and the resident's advocate, if any. The commissioner shall issue such a determination no later than seven business days after receipt of the request for such determination. 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 immediate transfer or discharge of the resident from the facility. A hearing shall be held in accordance with the requirements of subdivision (1) of this subsection [within seven business days of] not later than seven business days after the issuance of any determination issued pursuant to this subdivision.

(3) Any involuntary transfer or discharge shall be stayed pending a determination by the commissioner or his designee. Notwithstanding any provision of [the general statutes] chapter 54, the determination of the commissioner or his designee after a hearing shall be final and binding upon all parties and not subject to any further appeal.

This act shall take effect as follows and shall amend the following sections:
Section 1	July 1, 2010	19a-535a

Statement of Purpose:

To allow nonattorney advocates to represent residential care home residents at hearings to appeal a transfer or discharge, to specify the time for filing documents related to a transfer or discharge, and to extend the time period to appeal a transfer or discharge.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated 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.]