PA 09-168—sSB 455

Select Committee on Aging

Judiciary Committee

Public Health Committee

AN ACT CONCERNING THE NURSING HOME BILL OF RIGHTS

SUMMARY: The state's nursing home patients' bill of rights gives patients entitled to receive Medicaid the specific right to have the nursing home or chronic disease hospital not charge, ask for, accept, or receive any gift, money, or donation in addition to Medicaid payment as a condition of admission, expedited admission, or continued stay at the facility. This act adds third-party payment guarantees to this prohibition and extends this right to all patients, not just those entitled to receive Medicaid.

The act also specifies that the rights and benefits conferred in the patients' bill of rights may not be reduced, rescinded, or abrogated by contract.

EFFECTIVE DATE: October 1, 2009

BACKGROUND

Third-Party Guarantee Under Federal Law

Federal law prohibits a nursing home participating in Medicaid or Medicare from requiring a third-party guarantee of payment as a condition of admission, expedited admission, or continued stay at the facility. (This applies to Medicare, Medicaid, and private-pay residents. ) If a third party has legal access to the resident's income and assets (i. e. , a conservator or legal guardian), the nursing home can require the third-party to sign a contract agreeing to pay the nursing home out of the resident's income or resources (42 CFR 483. 12 (d)(2)).

OLR Tracking: ND: JK: PF: TS