Bill Text: CT SB00105 | 2010 | General Assembly | Comm Sub
Bill Title: An Act Concerning Liability Of Nursing Home Owners For Neglect And Abuse Of Nursing Home Residents.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Engrossed - Dead) 2010-04-22 - House Calendar Number 383 [SB00105 Detail]
Download: Connecticut-2010-SB00105-Comm_Sub.html
General Assembly |
Raised Bill No. 105 | ||
February Session, 2010 |
LCO No. 828 | ||
*_____SB00105PH____032510____* | |||
Referred to Committee on Select Committee on Aging |
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Introduced by: |
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(AGE) |
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AN ACT CONCERNING LIABILITY OF NURSING HOME OWNERS FOR NEGLECT AND ABUSE OF NURSING HOME RESIDENTS.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 19a-528a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010):
For any application of licensure for the acquisition of a nursing home filed after July 1, 2004, any potential nursing home licensee or owner [must] shall submit, in writing, a change in ownership application with respect to the facility for which the change in ownership is sought. The Department of Public Health shall prepare the change in ownership application which shall include the following statement printed in no less than eighteen-point boldface type of uniform font on the first page of the application: "NOTICE: Any nursing home licensee or owner, including, but not limited to, an officer, director, trustee, limited partner, managing partner, general partner or any person having at least a ten per cent ownership interest in the owner, as well as any administrator, assistant administrator, medical director, director of nursing or assistant director of nursing, may be subject to criminal liability, in addition to civil and administrative sanctions under federal and state law, for the abuse or neglect of a resident of the nursing home perpetrated by an employee of the nursing home." Such application shall [include whether] require such potential nursing home licensee or owner to disclose whether the licensee or owner (1) has had civil penalties imposed through final order of the commissioner in accordance with the provisions of sections 19a-524 to 19a-528, inclusive, or civil penalties imposed pursuant to the statutes or regulations of another state, during a two-year period, (2) has had in any state intermediate sanctions imposed through final adjudication under the Medicare or Medicaid program pursuant to Title XVIII or XIX of the federal Social Security Act, 42 USC 301, as from time to time amended, or (3) has had in any state such potential licensee's or owner's Medicare or Medicaid provider agreement terminated or not renewed. [,] The commissioner shall not approve such application to acquire another nursing home in this state for a period of five years from the date of final order on such civil penalties, final adjudication of such [intermediate] sanctions, or termination or nonrenewal, except for good cause shown. [Notwithstanding, the provisions of this section, the Commissioner of Public Health, may for good cause shown, permit a potential nursing home licensee or owner to acquire another nursing home prior to the expiration of said five-year period.]
Sec. 2. (NEW) (Effective October 1, 2010) The Department of Public Health shall prepare a notice that includes the following statement printed in no less than eighteen-point boldface type of uniform font: "NOTICE: Any nursing home licensee or owner, including, but not limited to, an officer, director, trustee, limited partner, managing partner, general partner or any person having at least a ten per cent ownership interest in the owner, as well as any administrator, assistant administrator, medical director, director of nursing or assistant director of nursing, may be subject to criminal liability, in addition to civil and administrative sanctions under federal and state law, for the abuse or neglect of a resident of the nursing home perpetrated by an employee of the nursing home." Such notice shall be provided no later than January 1, 2011, to all persons who have been issued a license to establish, conduct, operate or maintain a nursing home in the state by the Department of Public Health as of September 30, 2010.
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
October 1, 2010 |
19a-528a |
Sec. 2 |
October 1, 2010 |
New section |
AGE |
Joint Favorable C/R |
PH |