Bill Text: DE SB143 | 2013-2014 | 147th General Assembly | Draft

Delaware Senate Bill 143 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: An Act To Amend Title 16 Of The Delaware Code Relating To Health And Safety And Protecting The Rights Of Patients

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2014-04-04 - Signed by Governor [SB143 Detail]

Download: Delaware-2013-SB143-Draft.html

SPONSOR:	Sen. Marshall & Rep. Barbieri

DELAWARE STATE SENATE

147th GENERAL ASSEMBLY

SENATE BILL NO. 143

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO HEALTH AND SAFETY AND PROTECTING THE RIGHTS OF PATIENTS

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Amend §1121(18), Chapter 11, Title 16 of the Delaware Code by making insertions as shown by underlining and deletions as shown by strike through as follows:

� 1121. Patient's rights.

(18) No patient or resident shall be transferred or discharged out of a facility except for medical reasons; the patient's or resident's own welfare or the welfare of the other patients; or for nonpayment of justified charges. If good cause for transferal is reasonably believed to exist, the patient or resident shall be given at least 30 days' advance notice of the proposed action, together with the reasons for the decision, and the patient or resident shall have the opportunity for an impartial hearing to challenge such action if the patient or resident so desires. In emergency situations such notice need not be given. If a patient or resident is transferred out of a facility to an acute care facility or other specialized treatment facility, the facility must accept the patient or resident back into the facility when the resident no longer needs acute or specialized care and there is space available in the facility. If no space is available, the resident shall be accepted into the next available bed.For purposes of this section,"specialized treatment facility" shall mean a health care setting providing services of a type or level not readily available in the current facility, including, without limitation, settings licensed or certified pursuant to chapters 11, 22, 50 or 51 of Title 16.

SYNOPSIS

This legislation codifies regulatory requirements and protects residents of a long-term care facility from removal from their home because they leave for specialized treatment, including mental health treatment.

Author: Senator Marshall