NURSING HOMES-RESIDENT RIGHTS

Session: 102nd General Assembly
Year: 2021
Bill #: SB1633
Category: Public Health, Hospital Facilities and Nursing Homes
Position: No position
Mandate?
Revenue Loss?
Authority Preemption?

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Summary as Introduced

Amends the Nursing Home Care Act. Provides that residents shall have the right to be treated with courtesy and respect for their individuality by employees or persons providing medical services or care, and shall have their human and civil rights maintained in all aspects of medical care. Provides that all applicable rights under the Medical Patient Rights Act apply to residents under the Act. Provides that residents shall not perform labor or services for a facility unless those activities are included for therapeutic purposes and appropriately goal-related in the resident's individual medical record. Provides that every acute care inpatient facility, community-based residential program, and facility employing more than 2 people that provide outpatient mental health services shall have a written internal grievance procedure that, at a minimum: (1) sets forth the process to be followed; (2) specifies time limits, including time limits for facility response; (3) provides for the patient to have the assistance of an advocate; (4) requires a written response to written grievances; and (5) provides for a timely decision by an impartial decision maker if the grievance is not otherwise resolved. Makes other changes.

Staff Analysis

Provides that residents shall have the right to be treated with courtesy and respect for their individuality by employees or persons providing medical services or care and shall have their human and civil rights maintained in all aspects of medical care. Provides that residents shall not perform labor or services for a facility unless those activities are included for therapeutic purposes and appropriately goal-related in the resident's individual medical record. Provides that every facility shall have a written internal grievance procedure that, at a minimum: (1) sets forth the process to be followed; (2) specifies time limits, including time limits for facility response; (3) informs residents of their right to have the assistance of an advocate; (4) provides for a timely response by an impartial decision maker if the grievance is not otherwise resolved; (5) requires the facility to follow applicable State and federal requirements for responding to and reporting any grievance alleging potential abuse, neglect, misappropriation of resident property, or exploitation; and (6) requires the facility to keep a copy of all grievances, responses, and outcomes for 3 years and provide the information to the Department of Public Health upon request. Requires a facility to post specified information concerning rights protection services and where complaints may be lodged. Provides that a facility shall include a link to the Long-Term Care Ombudsman Program's website on the home page of the facility's website. Makes other changes.



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