Bill Text: DE SB291 | 2009-2010 | 145th General Assembly | Draft
Bill Title: An Act To Amend Title 16 Of The Delaware Code Relating To Nursing Facilities And Similar Facilities.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2010-07-15 - Signed by Governor [SB291 Detail]
Download: Delaware-2009-SB291-Draft.html
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SPONSOR: |
Sen. Marshall, Sen. Henry & Rep. Barbieri |
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145th GENERAL ASSEMBLY |
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SENATE BILL NO. 291 |
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AN ACT TO AMEND TITLE 16 OF THE |
Section 1. Amend Title 16, Delaware Code, §1108(a)(3) by deleting "A concise summary" and inserting "The most recent state survey report" in lieu thereof.
Section 2.Amend Title 16, Delaware Code, §1108(a)(4) by adding "and online at a web site specified by the sign" after "specified by the sign" and before the ".".
Section 3.Amend Title 16, Delaware Code, §1108(d) by deleting "(including any administrative or other appeals therefrom); deleting the "shall" and inserting "may" after the first "Department"; inserting "upon request by the facility, a resident, or a resident's family member or agent" after "defined by regulations" and before "to take place"; inserting "If such a meeting is scheduled," after the second "Department" and before "shall"; and by deleting "required" and inserting "conducted" in lieu thereof; delete the last two sentence of the paragraph that begin, "This annual meeting..." and end "...effective on March 31, 1999."
Section 4.Amend Title 16, Delaware Code, §3001A(1) by deleting the semi-colon after the word "following" and inserting a colon in its place and by deleting "for well-being" and replacing it with "of well -being".
Section 5.Amend Title 16, Delaware Code, §3001A(2) by replacing "&" with "and".
Section 6.Amend Title 16, Delaware Code, §3003A by inserting "meet the requirements of 42 CFR Ch. IV §483.152 and" between the word "must" and "have".
Section 7.Amend Title 16, Delaware Code, §3003A(2) by deleting "or a" and substituting in lieu thereof "or 8 students to 1" and by inserting "working" between the words "under" and "and".
SYNOPSIS
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This Bill makes changes which require the Division of Long Term Care Residents Protection to post online the results of its surveys of nursing facilities. The act also eliminates the current obligation of the Division to conduct a follow-up meeting after every survey of a nursing facility, and replaces it with an obligation to conduct such meetings upon request by the facility, a resident, or a resident's family member or agent. Because these meetings occur after the report is issued and a plan of action approved, it is held months after the surveyors have left the facility. The meetings are sparsely attended, The new CMS survey protocol which is required in our 50 skilled nursing facilities, includes an expanded component of patient and family interviews including no less than 40 residents or family members for those who are not cognitively able to be interviewed. Additionally, a representative of the resident council is invited to meet with the survey team when it exits the facility. This Bill also makes it clear that the state is meeting its obligations to follow the federal regulations regarding the certification of nursing assistants. It also clarifies the student teacher ratio for registered nurses and licensed practical nurses with experience. |
Author:Senator Marshall
