Location:
ASSISTED LIVING; NURSING HOMES;
Scope:
Connecticut laws/regulations;

OLR Research Report


July 18, 2012

 

2012-R-0303

STATUTES USING “NURSING HOME FACILITY” AND “NURSING HOME”

By: Robin K. Cohen, Principal Analyst

You asked us to identify the statutes that use the phrase “nursing home facility” and assess whether those statutes include both nursing homes and residential care homes.

SUMMARY

The statutory definition of the phrase “nursing home facility” includes both nursing homes and residential care homes (RCH), but it appears that in most cases the term is meant only to include nursing homes. This report (1) provides the statutory definition of “nursing home facility,” (2) lists and summarizes those laws that contain the phrase, and (3) includes an assessment of whether a particular law includes both types of facilities.

DEFINITION OF “NURSING HOME FACILITY”

The law defines a “nursing home facility” as:

1. any nursing home or RCH as defined in CGS 19a-490, which defines both types of facilities, as well as a rest home, as an establishment that furnishes, in single or multiple facilities, food and shelter to two or more persons unrelated to the proprietor and provides services that meet a need beyond the basic provisions of food, shelter, and laundry;

2. any rest home with nursing supervision (RHNS) that provides, in addition to personal care required in an RCH, nursing supervision under a medical director 24 hours per day; or

3. any chronic and convalescent nursing home (CCNH) that provides skilled nursing care under medical supervision and direction to carry out nonsurgical treatment and dietary procedures for chronic diseases, convalescent stages, or acute diseases or injuries.

The law further specifies that this definition applies to the following laws (briefly summarized below), unless the context otherwise requires:

1. CGS 19a-522 to 19a-534, inclusive;

2. CGS 19a-536 to 19a-539, inclusive;

3. CGS 19a-550 to 19a-554, inclusive (CGS 19a-521).

STATUTES REFERENCING “NURSING HOME FACILITY”

Table 1 provides (1) a list of the laws whose titles or bodies include the phrase “nursing home facility,” (2) a brief description of each law, (3) an indication of whether the statute contains an explicit reference to CGS 19a-521, and (4) our assessment as to whether the law is meant to include RCHs.

TABLE 1: STATUTES CONTAINING THE PHRASE “NURSING HOME FACILITY”

CGS Citation

Summary

Reference to

CGS 19a-521

Applicability to RCHs

12-170b & -170aa

Circuit breaker property tax exemption—relates to income of the spouse of applicant

No

Appears to apply only to nursing homes since it refers to the income of residents receiving Medicaid

12-170v

Municipal option property tax exemption—relates to income of the spouse of the applicant

No

Same as above

17b-262

Authority for social services commissioner to adopt Medicaid regulations, including those requiring DSS to monitor admissions and prohibit admission of people with primary psychiatric diagnosis if such would jeopardize federal reimbursement

Yes

Same as above

17b-347

Termination of Medicaid provider agreement by nursing home facilities; rates to be paid by self-pay patients

Yes

Same as above

17b-352

Certificate of need (CON)—here the heading uses the term, but the body of the statute enumerates different types of facilities, including nursing homes and RCHs

No, but it references CGS 19a-490, which jointly defines RCHs, nursing homes, and rest homes

It appears that RCHs are meant to be included since the Department of Social Services (DSS) issues CONs to both types of facilities

Table 1: –Continued-

CGS Citation

Summary

Reference to

CGS 19a-521

Applicability to RCHs

17b-372

Small house nursing home pilot program—definition of such homes uses the term

No

The statute makes subsequent references to nursing homes, making it appear to apply only to these types of facilities

17b-406

Duties of resident advocate

No

The phrase appears only in the title (It applies to posting notice of advocates and body of law makes all long-term care (LTC) facilities subject to it), hence it appears to apply to both nursing homes and RCHs

17b-451

Mandated reporting of suspected abuse or neglect of elderly

No

It appears to apply to both nursing homes and RCHs

19a-131k [1]

Mandatory distribution of potassium iodide

Yes

This statute explicitly excludes RCHs

19a-497

Strike contingency plans

No

It appears to apply to both nursing homes and RCHs

19a-498

Permits the DSS commissioner to examine and audit nursing home facility's financial records

Yes

It could go either way since DSS makes payments to both nursing homes and RCHs. On the other hand, the provision also applies to nursing facility management service certificate holders, which seems to apply only to nursing homes.

19a-502

Penalties for operating without a license

No

It appears to apply to nursing homes and RCHs

19a-521b

Bed clearance

No

The phrase appears in the title, and both nursing homes and RCHs are listed in the body, thus it appears to apply to both

19a-521

Definition section

Yes

See above section on definition

19a-521c

Prescription drugs obtained through U.S. Department of Veterans Affairs

Yes

Not clear

19a-522

Regulations concerning these facilities' health, safety, and welfare

No

Could apply to both, although the provisions specific to nursing homes (e.g., medical staff qualifications) would not apply to RCHs

19a-523

Injunctions for violations resulting from inspections and investigations

No

This is broad and appears to apply to nursing homes and RCHs. This section of statute references CGS 17b-408, which concerns the LTC ombudsman, who investigates complaints involving any LTC facility, not just nursing homes. (See CGS 17b-400 for definition of LTC facility.)

19a-524

Citations for violations

No

This is broad and appears to apply to both nursing homes and RCHs

19a-525

Contest of citation

No

Same as above

19a-527

Classifications of violations based on their nature

No

Same as above

19a-528

Criteria for imposing civil penalties

No

Same as above

19a-529

Appeals to Superior Court

No

Same as above

19a-531

Penalties for giving advance notice of inspections or investigations

No

Same as above

19a-532

Whistleblower protections for complainants and others

No

Same as above

19a-534

Emergency transfers of patients

No

It is not clear, but given its placement in the statutes, and use of word “patient,” it probably applies only to nursing homes

Table 1: –Continued-

CGS Citation

Summary

Reference to

CGS 19a-521

Applicability to RCHs

19a-534a

Emergency actions against nursing home licensees

No

Given the title, and above comments, it appears to apply only to nursing homes

19a-536

Access to inspection reports

No

Seems to apply only to nursing homes since that phrase is used as well

19a-538

Annual report by DPH listing all nursing home facilities

No

Not clear

19a-539

Disclosures of additional costs; enforcement of surety contracts

Yes

It appears to apply only to nursing homes, especially since surety contract makes reference to Medicaid

19a-541 to -549

Receivership

Yes

Appears to apply to both nursing homes, and RCHs, in pact

19a-550

Residents' bill of rights; patient bed transfers

Yes

Applies to both nursing homes and RCHs, in part

19a-552

Penalty for failure to comply with CGS 19a-551

No

Same as above

19a-553

Requires nursing home administrators to notify law enforcement of any crimes committed by patients and establishes penalties for failure to do so

No

Seems to apply only to nursing homes given requirement is for nursing home administrators

19a-562a [1]

Requires certain nursing home facilities to provide training on pain management and Alzheimer's training

No

This statute explicitly exempts RCHs from those facilities required to meet the mandate

20-101a

Allows nurses working in certain health care facilities to determine and pronounce patient deaths

Yes

This likely does not apply to RCHs as the nurse must be in charge of the facility

46a-11a, et. seq.

Office of Protection and Advocacy abuse and neglect investigations

No

It appears to apply to both

[1] These statutes explicitly exempt RCHs.

Table 2 lists those additional statutes that make a reference to CGS 19a-521 but do not include an explicit reference to the phrase “nursing home facility.”

TABLE 2: LIST OF LAWS CONTAINING REFERENCE TO CGS 19A-521 BUT NOT

“NURSING HOME FACILITY”

CGS Citation

Summary

Applicability

17b-357

Surveys of nursing facilities, which are chronic and convalescent homes or rest homes with nursing supervision, as defined in CGS 19a-521

Appears to apply only to nursing homes as these facilities must have Medicaid provider agreement with DSS

19a-485

Changes “homes for the aged” to “residential care homes” throughout statutes

This section contains a reference to every statute formerly containing the phrase “home for the aged” and clearly applies only to RCHs

19a-491c

Requires criminal history and patient abuse background checks plan for LTC facilities

This is a newer law (PA 11-242, 90). Its definition of a “LTC facility” includes a facility, agency, or provider that is a nursing home as defined in 19a-521. Hence, it does not appear to apply to RCHs.

Table 2: –Continued-

CGS Citation

Summary

Applicability

19a-533

Nursing home waiting list

Although there is a reference to 19a-521, the statute uses the term “nursing home,” as a CCNH or RHNS, defined in that section. Also, the penalty for noncompliance is a reduction in the nursing home's daily rate. It is our understanding that this section is limited to nursing homes only.

19a-535

Transfers and discharges of residents

Since RCHs have their own transfer and discharge statute (CGS 19a-535a), this section can be construed to apply only to nursing homes. Moreover, the statute seems to narrowly define “facility” to include only CCNH and RHNS.

19a-554

Assignment of assistant attorneys general to advise the DPH commissioner on legal matters related to a series of statutes

Not clear

27-106a

Permits commissioner of veterans' affairs to apply for a CCNH, RHNS, or assisted living service agency license from DPH

Appears to apply to only nursing homes since RCHs not mentioned

45a-644

Conservator of the person

Defines such to include a nursing home as defined in 19a-521 so appears to apply only to nursing homes

45a-669

Limited guardian of a person with intellectual disability

Same as above

RC:ts