OLR Bill Analysis
AN ACT CONCERNING LIABILITY OF NURSING HOME OWNERS FOR NEGLECT AND ABUSE OF NURSING HOME RESIDENTS.
This bill requires the Department of Public Health (DPH) to prepare a written application for changes in nursing home ownership that includes a statement notifying the potential nursing home licensee or owner that he or she may be held criminally liable for any abuse or neglect of a resident by a nursing home employee. Specifically, it requires the following statement to be placed at the top of the first application page in at least 12-point bold 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 10% 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. ”
EFFECTIVE DATE: October 1, 2009
BACKGROUND
DPH Applications For Nursing Home Ownership Changes
By law, DPH must give its prior approval if a nursing home changes ownership. The written application must include whether a potential nursing home licensee or owner (1) has had civil penalties for nursing home violations imposed by DPH or another state during any two-year period or (2) received intermediate Medicare or Medicaid sanctions or had their provider agreements for these programs terminated or not renewed. The law prohibits the DPH commissioner from approving an application to acquire a nursing home for a five-year period if any of these conditions are present, unless good cause is shown (CGS § 19a-528).
Evaluation Period for New Licensees
If a person has not operated a nursing home in Connecticut before, DPH can institute an “evaluation period” of up to five years from the time of initial licensure in order to assess the standard of care the nursing home provides. During this evaluation period, the person is prohibited from acquiring any additional nursing homes (CGS § 19a-493a).
Related Bills
HB 6400 and SB 845, reported favorably by the Human Services and Public Health committees respectively, place certain restrictions on a nursing home operator's ability to acquire a nursing home if the operator violates nursing home laws in Connecticut or in another state or has nursing home problems related to Medicare and Medicaid.
COMMITTEE ACTION
Select Committee on Aging
Joint Favorable Change of Reference
Yea |
11 |
Nay |
0 |
(03/05/2009) |
Public Health Committee
Joint Favorable Substitute Change of Reference
Yea |
29 |
Nay |
0 |
(03/25/2009) |
Appropriations Committee
Joint Favorable Substitute
Yea |
50 |
Nay |
0 |
(04/15/2009) |