Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 263 Second Substitute (2018GS)

Sponsor

Rep. Kwan, K.

Final action

Governor Signed 3/19/2018

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• renames a part;
• provides notice requirements when an assisted living facility transfers or discharges a resident;
• requires the ombudsman to gather information regarding assisted living facility transfers or discharges and annually report that information to the Health and Human Services Interim Committee; and
• makes technical changes.

Every vote on this bill

Bill text

ASSISTED LIVING FACILITIES AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Karen Kwan
Senate Sponsor: 
Curtis S. Bramble
Cosponsors:
Patrice M. Arent
Joel K. Briscoe
Rebecca Chavez-Houck
Kim F. Coleman
Susan Duckworth
Gage Froerer
Sandra Hollins
Brian S. King
Derrin R. Owens
Val K. Potter
Marie H. Poulson
Tim Quinn
Mike Schultz
Elizabeth Weight
Mark A. Wheatley
Brad R. Wilson
LONG TITLE
General Description:
This bill enacts provisions related to the transfer or discharge of a resident from an
assisted living facility.
Highlighted Provisions:
This bill:
▸ renames a part;
▸ provides notice requirements when an assisted living facility transfers or discharges
a resident;
▸ requires the ombudsman to gather information regarding assisted living facility
transfers or discharges and annually report that information to the Health and
Human Services Interim Committee; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
26-21-301
, as enacted by Laws of Utah 2016, Chapter 141
26-21-302
, as enacted by Laws of Utah 2016, Chapter 141
63I-1-262
, as last amended by Laws of Utah 2017, Chapter 459
ENACTS:
26-21-305
, Utah Code Annotated 1953
62A-3-209
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
26-21-301
 is amended to read:
Part 3. Assisted Living Facilities
26-21-301.
Title.
This part is known as [
the
] "Assisted Living [
Facility Surveillance Act
] 
Facilities
."
Section 2. Section 
26-21-302
 is amended to read:
26-21-302.
Definitions.
As used in this part:
(1) "Facility" means an assisted living facility.
(2) "Legal representative" means an individual who is legally authorized to make
health care decisions on behalf of another individual.
(3) (a) "Monitoring device" means:
(i) a video surveillance camera; or
(ii) a microphone or other device that captures audio.
(b) "Monitoring device" does not include:
(i) a device that is specifically intended to intercept wire, electronic, or oral
communication without notice to or the consent of a party to the communication; or
(ii) a device that is connected to the Internet or that is set up to transmit data via an
electronic communication.
(4) "Ombudsman" means the same as that term is defined in Section 
62A-3-202
.
[
(4)
] 
(5)
 "Resident" means an individual who receives health care from a facility.
(6) "Responsible person" means an individual who:
(a) is designated in writing by a resident to receive communication on behalf of the
resident; or
(b) a legal representative.
[
(5)
] 
(7)
 "Room" means a resident's private or shared primary living space.
[
(6)
] 
(8)
 "Roommate" means an individual sharing a room with a resident.
Section 3. Section 
26-21-305
 is enacted to read:
 26-21-305.
Transfer or discharge.
When a facility initiates the transfer or discharge of a resident, the facility shall:
(1) notify the resident and the resident's responsible person, if any, in writing and in a
language and a manner that is most likely to be understood by the resident and the resident's
responsible person, of:
(a) the reasons for the transfer or discharge;
(b) the effective date of the transfer or discharge;
(c) the location to which the resident will be transferred or discharged, if known; and
(d) the name, address, email, and telephone number of the ombudsman;
(2) send a copy, in English, of the notice described in Subsection (1)(a) to the
ombudsman on the same day on which the facility delivers the notice described in Subsection
(1)(a) to the resident and the resident's responsible person;
(3) provide the notice described in Subsection (1)(a) at least 30 days before the day on
which the resident is transferred or discharged, unless:
(a) notice for a shorter period of time is necessary to protect:
(i) the safety of individuals in the facility from endangerment due to the medical or
behavioral status of the resident; or
(ii) the health of individuals in the facility from endangerment due to the resident's
continued residency;
(b) an immediate transfer or discharge is required by the resident's urgent medical
needs; or
(c) the resident has not resided in the facility for at least 30 days;
(4) update the transfer or discharge notice as soon as practicable before the transfer or
discharge if information in the notice changes before the transfer or discharge;
(5) orally explain to the resident:
(a) the services available through the ombudsman; and
(b) the contact information for the ombudsman;
(6) provide and document the provision of preparation and orientation, in a language
and manner the resident is most likely to understand, for a resident to ensure a safe and orderly
transfer or discharge from the facility; and
(7) in the event of a facility closure, provide written notification of the closure to the
ombudsman, each resident of the facility, and each resident's responsible person.
Section 4. Section 
62A-3-209
 is enacted to read:
 62A-3-209.
Assisted living facility transfers.
(1) After the ombudsman receives a notice described in Subsection 
26-21-305
(1)(a),
the ombudsman shall:
 (a) review the notice; and
 (b) contact the resident or the resident's responsible person to conduct a voluntary
interview.
 (2) The voluntary interview described in Subsection (1)(b) shall:
 (a) provide the resident with information about the services available through the
ombudsman;
 (b) confirm the details in the notice described in Subsection 
26-21-305
(1)(a),
including:
 (i) the name of the resident;
 (ii) the reason for the transfer or discharge;
 (iii) the date of the transfer or discharge; and
 (iv) a description of the resident's next living arrangement; and
 (c) provide the resident an opportunity to discuss any concerns or complaints the
resident may have regarding:
 (i) the resident's treatment at the assisted living facility; and
 (ii) whether the assisted living facility treated the resident fairly when the assisted
living facility transferred or discharged the resident.
 (3) On or before November 1 of each year, the ombudsman shall provide a report to the
Health and Human Services Interim Committee regarding:
 (a) the reasons why assisted living facilities are transferring residents;
 (b) where residents are going upon transfer or discharge; and
 (c) the type and prevalence of complaints that the ombudsman receives regarding
assisted living facilities, including complaints about the process or reasons for a transfer or
discharge.
Section 5. Section 
63I-1-262
 is amended to read:
63I-1-262.
Repeal dates, Title 62A.
(1) Section 
62A-3-209
 is repealed July 1, 2023.
[
(1)
] 
(2)
 Section 
62A-4a-213
 is repealed July 1, 2019.
[
(2)
] 
(3)
 Section 
62A-4a-202.9
 is repealed December 31, 2019.
[
(3)
] 
(4)
 Subsection 
62A-15-1101
(5) is repealed July 1, 2018.