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Substitute Senate Bill No. 213

Public Act No. 02-10

AN ACT CONCERNING THE PREVENTION OF INFLUENZA AND PNEUMONIA IN NURSING HOMES.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 19a-522 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

(a) [On or before December 1, 1975, the commissioner shall] The commissioner shall adopt regulations, in accordance with chapter 54, [adopt regulations] concerning the health, safety and welfare of patients in nursing home facilities, classification of violations relating to such facilities, medical staff qualifications, record-keeping, nursing service, dietary service, personnel qualifications and general operational conditions. The regulations shall: (1) Assure that each patient admitted to a nursing home facility is protected by adequate immunization against influenza and pneumococcal disease in accordance with the recommendations of the national Advisory Committee on Immunization Practices, established by the Secretary of Health and Human Services; (2) specify that each patient be protected annually against influenza and be vaccinated against pneumonia in accordance with the recommendations of the National Advisory Committee on Immunization; and (3) provide appropriate exemptions for patients for whom such immunizations are medically contraindicated and for patients who object to such immunization on religious grounds.

(b) Nursing home facilities may not charge the family or estate of a deceased self-pay patient beyond the date on which such patient dies. Nursing home facilities shall reimburse the estate of a deceased self-pay patient within sixty days after the death of such patient, for any advance payments made by or on behalf of the patient covering any period beyond the date of death. Interest, in accordance with subsection (a) of section 37-1, on such reimbursement shall begin to accrue from the date of such patient's death.

Approved April 22, 2002