Bill Text: CT HB05632 | 2011 | General Assembly | Comm Sub
Bill Title: An Act Concerning The Operation Of A Nursing Home Involved In Labor Dispute.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2011-02-10 - Public Hearing 02/15 [HB05632 Detail]
Download: Connecticut-2011-HB05632-Comm_Sub.html
General Assembly |
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January Session, 2011 |
LCO No. 3022 | ||
*03022HB05632LAB* | |||
Referred to Committee on Labor and Public Employees |
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Introduced by: |
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(LAB) |
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AN ACT CONCERNING THE OPERATION OF A NURSING HOME INVOLVED IN LABOR DISPUTE.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. (NEW) (Effective October 1, 2011) On or after October 1, 2011, whenever a court grants an application for the appointment of a receiver for a nursing home facility as a result of the involvement of the employees of such facility in a labor dispute resulting in a strike or lockout lasting for a period of four or more calendar months, pursuant to section 19a-543 of the general statutes, as amended by this act, such employees shall notify the chairman of the Board of Mediation and Arbitration. Said chairman shall direct a panel of said board to proceed to the locality of the strike or lockout and attempt to resolve the dispute in accordance with section 31-99 of the general statutes.
Sec. 2. Section 19a-543 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):
The court shall grant an application for the appointment of a receiver for a nursing home facility upon a finding of any of the following: (1) Such facility is operating without a license issued pursuant to this chapter or such facility's license has been suspended or revoked pursuant to section 19a-494; (2) such facility intends to close and adequate arrangements for relocation of its residents have not been made at least thirty days prior to closing; (3) such facility has sustained a serious financial loss or failure which jeopardizes the health, safety and welfare of the patients or there is a reasonable likelihood of such loss or failure; (4) the employees of such facility have been involved in a labor dispute resulting in a strike or lockout at such facility lasting for a period of four or more calendar months; or [(4)] (5) there exists in such facility a condition in substantial violation of the Public Health Code, or any other applicable state statutes, or Title XVIII or XIX of the federal Social Security Act, 42 USC 301, as amended, or any regulation adopted pursuant to such state or federal laws.
Sec. 3. Section 19a-549 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):
The Superior Court, upon a motion by the receiver or the owner of such facility, may terminate the receivership if it finds that such facility has been rehabilitated so that the violations complained of no longer exist or the labor dispute resulting in a strike or lockout was resolved, or if such receivership was instituted pursuant to subdivision (2) of section 19a-543, as amended by this act, the orderly transfer of the patients has been completed and such facility is ready to be closed. Upon such finding, the court may terminate the receivership and return such facility to its owner. In its termination order the court may include such terms as it deems necessary to prevent the conditions complained of from recurring.
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
October 1, 2011 |
New section |
Sec. 2 |
October 1, 2011 |
19a-543 |
Sec. 3 |
October 1, 2011 |
19a-549 |
Statement of Purpose:
To allow a court to grant an application for the appointment of a receiver of a nursing home when the employees of such nursing home have been involved in a strike or lockout lasting four or more calendar months, and to direct the chairman of the Board of Mediation and Arbitration to send a panel to help resolve the dispute.
[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.]