Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 36 (2023GS)

Sponsor

Rep. Eliason, S.

Final action

Governor Signed 3/15/2023

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• amends requirements for certain facility-initiated transfers or discharges of a resident;
• removes a sunset date; and
• makes technical changes.

Every vote on this bill

Bill text

LONG TERM CARE OMBUDSMAN AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Steve Eliason
Senate Sponsor: 
Luz Escamilla
LONG TITLE
General Description:
This bill amends requirements relating to assisted living facilities. 
Highlighted Provisions:
This bill:
▸ amends requirements for certain facility-initiated transfers or discharges of a
resident;
▸ removes a sunset date; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
26-21-305
, as enacted by Laws of Utah 2018, Chapter 220
62A-3-209
, as enacted by Laws of Utah 2018, Chapter 220
63I-1-262
, as last amended by Laws of Utah 2022, Chapters 34, 35, 149, 257, and 335
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
26-21-305
 is amended to read:
26-21-305.
Requirements for facility-initiated transfer or discharge.
(1) A facility is subject to the requirements in Subsection (2) if the transfer or
discharge:
(a) is initiated by the facility for any reason;
(b) is objected to by the resident or the resident's responsible person;
(c) was not initiated by a verbal or written request from the resident; or
(d) is inconsistent with the resident's preferences and stated goals for care.
(2)
 [
When a facility initiates the
] 
Before a
 transfer or discharge [
of a resident
]
described in Subsection (1) occurs
, the facility 
from which the resident is transferred or
discharged
 shall:
[
(1)
] 
(a)
 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)
] 
(i)
 the reasons for the transfer or discharge;
[
(b)
] 
(ii)
 the effective date of the transfer or discharge;
[
(c)
] 
(iii)
 the location to which the resident will be transferred or discharged, if known;
and
[
(d)
] 
(iv)
 the name, address, email, and telephone number of the ombudsman;
[
(2)
] 
(b)
 send a copy, in English, of the notice described in Subsection [
(1)(a)
] 
(2)(a)
 to
the ombudsman on the same day on which the facility delivers the notice described in
Subsection [
(1)(a)
] 
(2)(a)
 to the resident and the resident's responsible person;
[
(3)
] 
(c)
 provide the notice described in Subsection [
(1)(a)
] 
(2)(a)
 at least 30 days
before the day on which the resident is transferred or discharged, unless:
[
(a)
] 
(i)
 notice for a shorter period of time is necessary to protect:
[
(i)
] 
(A)
 the safety of individuals in the facility from endangerment due to the medical
or behavioral status of the resident; or
[
(ii)
] 
(B)
 the health of individuals in the facility from endangerment due to the
resident's continued residency;
[
(b)
] 
(ii)
 an immediate transfer or discharge is required by the resident's urgent medical
needs; or
[
(c)
] 
(iii)
 the resident has not resided in the facility for at least 30 days;
[
(4)
] 
(d)
 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)
] 
(e)
 orally explain to the resident:
[
(a)
] 
(i)
 the services available through the ombudsman; and
[
(b)
] 
(ii)
 the contact information for the ombudsman; 
and
[
(6)
] 
(f)
 provide and document the provision of preparation and orientation 
for the
resident
, 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)
] 
(3)
 [
in
] 
In
 the event of a facility closure, 
the facility shall
 provide written
notification of the closure to the ombudsman, each resident of the facility, and each resident's
responsible person.
Section 2. Section 
62A-3-209
 is amended to read:
62A-3-209.
Assisted living facility transfers.
(1) After the ombudsman receives a notice described in Subsection [
26-21-305
(1)(a)
]
26-21-305
(2)(b)
, 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)
]
26-21-305
(2)(b)
, 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 3. 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.
]
[
(2)
] 
(1)
 Sections 
62A-5a-101
, 
62A-5a-102
, 
62A-5a-103
, and 
62A-5a-104
, which
create the Coordinating Council for Persons with Disabilities, are repealed July 1, 2027.
[
(3)
] 
(2)
 Subsections 
62A-15-116
(1) and (5), the language that states "In consultation
with the Behavioral Health Crisis Response Commission, established in Section 
63C-18-202
,"
is repealed January 1, 2023.
[
(4)
] 
(3)
 Section 
62A-15-118
 is repealed December 31, 2023.
[
(5)
] 
(4)
 Section 
62A-15-124
 is repealed December 31, 2024.
[
(6)
] 
(5)
 Section 
62A-15-605
, which creates the Forensic Mental Health Coordinating
Council, is repealed July 1, 2023.
[
(7)
] 
(6)
 Subsections 
62A-15-1100
(1) and 
62A-15-1101
(9), in relation to the Utah
Substance Use and Mental Health Advisory Council, are repealed January 1, 2033.
[
(8)
] 
(7)
 In relation to the Behavioral Health Crisis Response Commission, on July 1,
2023:
(a) Subsections 
62A-15-1301
(2) and 
62A-15-1401
(1) are repealed;
(b) Subsection 
62A-15-1302
(1)(b), the language that states "and in consultation with
the commission" is repealed;
(c) Subsection 
62A-15-1303
(1), the language that states "In consultation with the
commission," is repealed;
(d) Subsection 
62A-15-1402
(2)(a), the language that states "With recommendations
from the commission," is repealed; and
(e) Subsection 
62A-15-1702
(6) is repealed.