Session: 103rd General Assembly
Year: 2024
Bill #: SB3723
Category: Public Health, Hospital Facilities and Nursing Homes
Position: No position
Revenue Loss?
Authority Preemption?

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Replaces everything after the enacting clause. Reinserts the contents of Senate Amendment No. 2 with the following changes. In the Nursing Home Care Act, provides that a facility that fails to comply with an order of the Department of Public Health to readmit a resident who wishes to return to the facility and is appropriate for that level of care and services provided, shall be assessed a $2,500 fine (rather than a fine). Provides that a facility that complies with an order of the Department to readmit a resident that has been deemed to have been unlawfully discharged shall notify the Department within 10 business days that the resident has been readmitted to the facility. Includes requirements of the notice. Also includes requirements upon readmission of such a resident and procedures should the resident whose readmission was ordered by the Department commit the same action about which the facility noted concerns. In provisions relating to specified notice that shall be placed in a resident's clinical record and shall be provided to other entities, removes a duplicate reference to the State Long Term Care Ombudsman. In provisions relating to denial of a transfer or discharge, provides that a copy of the Department's written decision stating that the transfer or discharge is denied shall be placed in the resident's medical chart. Deletes language providing that if the Department of Public Health finds that the action was consistent with the concerns the facility stated in the notice, the Department may not impose the associated violation or fine on the facility.

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