Replaces everything after the enacting clause. Amends the Assisted Living and Shared Housing Act. Adds provisions concerning involuntary terminations of residency, hearings when a resident is involuntarily terminated, and readmission of residents. Provides that an establishment shall notify a resident and the resident's representative when there is a significant change in the resident's condition that may affect the establishment's ability to meet the resident's needs. Provides that if an establishment initiates a termination of residency, then the resident, the resident's representative, and the Office of State Long Term Care Ombudsman shall be provided with specified written notice. Provides that the Department of Public Health shall (rather than may) offer assistance to an establishment and resident in preparation for a residency termination. Provides that, in addition to any other penalty, an establishment that improperly terminates a resident shall be assessed no less than a Type 1 violation. Makes additions to provisions concerning resident rights. Makes other changes. Amends the Nursing Home Care Act. Makes changes to provisions concerning the involuntary transfer or discharge of a resident, hearings when a resident is involuntarily transferred or discharged, and the readmission of residents. Provides that a resident has a right not to be unlawfully transferred or discharged from a facility. Provides that an unlawful transfer or discharge is, at minimum, a Type A violation. Provides that prior to issuing a notice of transfer or discharge of a resident under specified provisions, an attending physician shall conduct an in-person assessment, with the findings documented in the resident's clinical record. Changes certain notice periods relating to an involuntary transfer or discharge of a resident from 21 days to 30 days. Changes provisions concerning minimum staffing ratios for skilled care and intermediate care. Provides that by January 1, 2018, the Department shall adopt specified rules concerning staffing standards and financial penalties for facilities out of compliance with minimum staffing standards. Provides that a violation of the minimum staffing requirements is, at minimum, a Type B violation. Makes other changes. Amends the Assisted Living and Shared Housing Act and Nursing Home Care Act. Provides that in certain circumstances the Department shall order the immediate readmission of a resident by an establishment or facility and the establishment or facility shall immediately comply with the order. Provides that failure of an establishment or facility to readmit a resident after receiving an order to do so from the Department shall result in a specified daily fine. Provides that the Department shall adopt rules that provide for a prohibition on conflicts of interest for persons who conduct involuntary termination of residency hearings and involuntary transfer or discharge hearings.
Fiscal Note, House Committee Amendment No. 1 (Dept. of Healthcare & Family Services)
This bill will have no impact on the Department of Healthcare and Family Services.
Fiscal Note (Dept. of Public Health)
Included are three versions for the fiscal note for H83392. In speaking with bill crafters they have advised the Department of Public Health (DPH) that they are only looking for the data and it is not their intent for DPH to hire staff, (Scenario #2). Until a further amendment is finalized, DPH are basing our Fiscal Note on three different scenarios: (1) Required OHCR staffing if language unchanged (Fiscal Impact = 2,256.3; Personal Services = $1,076,952.00); (2) Hiring a program to concert federal CMS data (Fiscal Impact = $500.00); (3) Required OHCR staffing plus contractual employee required if language unchanged (Fiscal Impact = $2,756.3; Personal Services = $1,076,952.00 ).