OLR Bill Analysis

sSB 519

AN ACT CONCERNING TRAINING NURSING HOME STAFF ABOUT RESIDENTS' FEAR OF RETALIATION.

SUMMARY:

Current law requires a nursing home administrator to ensure that all nursing home staff receive, from a trainer familiar with the home's patient population, annual in-service training in an area specific to the patients' needs. The bill requires the training also to include, as part of any required training on the nursing home patients' bill of rights, patients' fear of retaliation (see BACKGROUND). Specifically, the training must discuss (1) patients' rights to file complaints and voice grievances, (2) examples of what constitutes or may be perceived as employee retaliation against patients, and (3) methods to prevent and alleviate patients' fear of such retaliation. The public health commissioner must make conforming changes to the Public Health Code.

The bill also requires the state long-term care ombudsman to create and periodically update a training manual that provides nursing home administrators with guidance on structuring and implementing this new training requirement.

EFFECTIVE DATE: October 1, 2013

BACKGROUND

Nursing Home Patients' Bill of Rights Training

The law establishes a nursing home patients' bill of rights that contains a broad and detailed set of rights that an individual must be informed of before or upon admission to the facility and during the patient's stay. Federal and state laws do not require nursing homes to train employees specifically on the nursing home patients' bill of rights. However, federal nursing home regulations require homes to provide initial and on-going training to employees on patient abuse, neglect, and mistreatment (42 CFR 483.74(e)). Such abuse and neglect is prohibited under the patients' nursing home bill of rights.

COMMITTEE ACTION

Aging Committee

Joint Favorable Substitute

Yea

11

Nay

0

(02/14/2013)