Summary as Introduced
Amends the Assisted Living and Shared Housing Act. Makes changes to assessments for admission to establishments and service plan requirements. Requires an establishment to notify the resident and the resident's representative when there is a significant change in the resident's condition that affects the establishment's ability to meet the resident's needs. Prohibits an establishment from terminating or reducing any service without the consent of the resident or the resident's representative for the purpose of making it more difficult or impossible for the resident to remain in the establishment. Adds new requirements for establishments and the Department of Public Health regarding the involuntary termination of residency. Provides that a resident has the right to not be unlawfully transferred or discharged. Makes other changes. Amends the Nursing Home Care Act. Prohibits a resident from being transferred or discharged in violation of the Act. Provides that a resident has the right not to be unlawfully transferred or discharged. Provides for the assessment of a $2,500 fine for a facility that fails to comply with an order to readmit a resident who wishes to return to the facility and is appropriate for that level of care and services provided. Requires a facility that complies with an order to readmit a resident that has been deemed to have been unlawfully discharged to notify the Department within 10 business days after the resident has been readmitted to the facility. Provides that a facility may involuntarily transfer or discharge a resident because the facility is unable to meet the medical needs of the resident, as documented in the resident's clinical record by the resident's physician. Provides that the Department maintains jurisdiction over the transfer or discharge irrespective of the timing of the notice and discharge. Provides that if the Department determines that a transfer or discharge is not authorized, then the Department shall issue a written decision stating that the transfer or discharge is denied. Makes other changes. Effective immediately.
Staff Analysis
Amends the Assisted Living and Shared Housing Act and the Nursing Home Care Act to ensure that residents are not unlawfully transferred or discharged. Facilities must notify residents and their representatives of significant condition changes, and cannot reduce or terminate services to force a resident out. The bill establishes new procedures and requirements for involuntary discharges, including residents' rights and facility obligations.
It also imposes a $2,500 fine on facilities that fail to comply with Department of Public Health orders to readmit unlawfully discharged residents and requires notification to the Department when readmission occurs. Facilities can only discharge a resident involuntarily if their medical needs exceed the facility's capacity, as documented by a physician. The Department retains oversight authority regardless of the timing of notices. The bill, with adjustments from a committee amendment, takes effect January 1, 2026.