OLR Bill Analysis
AN ACT CONCERNING ACCESS TO COMPREHENSIVE FACTUAL INFORMATION REGARDING LONG-TERM CARE FACILITIES.
This bill gives patients in a nursing home or chronic disease hospital, the specific right prior to or at the time of admission and during their stay to (1) be fully informed of the facility's staff to patient ratio for all units on all shifts and (2) receive a written statement with certain information from the facility. The statement must (1) indicate that the facility uses “the most appropriate and best care practices” (which the bill does not define); (2) report the facility's federal Centers for Medicare and Medicaid (CMS) five-star quality rating, and (3) report the facility's current state licensure status.
The bill requires (1) the facilities to include these rights in the written “patients bill of rights” they give patients and (2) each patient to provide written acknowledgement of receipt of a written copy of the bill of rights prior to or at the time of admission and during his or her stay.
EFFECTIVE DATE: July 1, 2009
BACKGROUND
Nursing Home Patients' Bill of Rights
Under state and federal law, nursing homes and chronic disease hospitals must fully inform patients about their rights and provide each patient with a copy of a document that lists these numerous rights (called the “patients' bill of rights”). Patients have rights to be, among other things:
1. informed about services available;
2. choose their own physician;
3. be fully informed about their medical condition;
4. participate in the planning of their care;
5. have their grievances resolved promptly;
6. manage their own financial affairs;
7. be free from abuse or restraint, have their personal and medical records treated confidentially;
8. receive reasonable accommodation for their individual needs and preferences;
9. associate and communicate privately with other people, have certain private visits; and
10. participate in patient groups and other organizations, and receive certain protections related to room transfers and discharges from the institution (CGS § 19a-550).
Federal nursing home law contains provisions generally similar to the state law concerning patients' rights and provisions on quality care, quality assessment and assurance, and written care plans (42 USC § 1396r (b) and (c)).
CMS Five-Star Quality Rating System
In 1998, CMS implemented “Nursing Home Compare,” a national, online nursing home report card providing information on every Medicare and Medicaid certified nursing home in each state. In an attempt to make the website more user friendly, CMS added a new “five star” quality rating system in December 2008. Each nursing home is rated on a scale of one to five stars based on three components: health inspection results, 10 quality measures, and staffing levels. Each home also receives an overall quality rating.
COMMITTEE ACTION
Select Committee on Aging
Joint Favorable Substitute Change of Reference
Yea |
11 |
Nay |
0 |
(03/05/2009) |
Human Services Committee
Joint Favorable
Yea |
18 |
Nay |
0 |
(03/12/2009) |