An Act Concerning Nursing Home And Residential Care Home Abandonment.
Summary
HB 6985 creates a new prohibition against a nursing home or residential care home abandoning a resident. The bill defines “abandon” broadly to include deserting, willfully forsaking, or otherwise neglecting duties and obligations owed to a resident. A violation would be treated as a class A violation under the existing nursing home enforcement statutes.
The bill also amends the Department of Public Health’s enforcement authority under section 19a-524. If the commissioner determines that a facility has violated the abandonment prohibition or other listed nursing home and residential care home requirements, the commissioner may immediately issue a citation to the licensee. The citation must be written, describe the alleged violation, and be sent electronically or by certified mail, with a copy also sent to the licensed administrator.
Impact
The bill would add a new statutory duty for nursing homes and residential care homes not to abandon residents and would fold that duty into the state’s existing inspection, citation, and penalty framework. It expands the grounds on which the Commissioner of Public Health may issue citations and civil penalties, and it expressly states that governmental immunity is not a defense to citations or penalties under the relevant enforcement provisions. The practical effect is to strengthen regulatory oversight and enforcement against facility misconduct affecting vulnerable long-term care residents.
Sentiment
The available voting history suggests the bill was generally well received in committee, passing the Aging Committee on a 13-1 joint favorable vote. No transcript discussion is available, but the strong committee support indicates broad agreement with the bill’s protective purpose. The near-unanimous vote also suggests the measure was viewed as a targeted consumer and resident protection bill rather than a controversial policy change.
Contention
The main point of potential contention is the breadth of the term “abandon,” which is defined to include not only physical desertion but also the failure to fulfill duties and obligations owed to residents. Facilities and their representatives could view that language as expansive and potentially difficult to apply in enforcement. Another possible issue is the bill’s enforcement approach, including immediate citation authority and the explicit removal of governmental immunity as a defense, which increases exposure for facilities and may raise concerns about administrative discretion and liability.
Relating to certain municipal regulation of certain mixed-use and multifamily residential development projects and conversion of certain commercial buildings to mixed-use and multifamily residential occupancy.