Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 472 (2025GS)

Sponsor

Rep. Auxier, Tiara

Final action

House/ filed 3/7/2025

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• defines terms;
• requires an assisted living facility to meet certain requirements if the assisted living facility intends to close, complete a qualifying sale, or undertake a change of use;
• provides that an assisted living facility may not accept new residents if the facility intends to close, complete a qualifying sale, or undertake a change of use;
• prescribes requirements for an assisted living facility that intends to complete an acquisition sale;
• allows a county attorney or the attorney general to seek the appointment of a receiver if an assisted living facility does not comply with certain requirements; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

6
26B-2-237
Senior Care Facility Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Tiara Auxier
Senate Sponsor: 
LONG TITLE
General Description:
This bill addresses the closure or qualifying sale of an assisted living facility.
Highlighted Provisions:
This bill:
defines terms;
requires an assisted living facility to meet certain requirements if the assisted living 
facility intends to close or complete a qualifying sale;
provides that an assisted living facility may not accept new residents if the facility intends 
to close or complete a qualifying sale;
allows a county attorney or the attorney general to seek the appointment of a receiver if 
an assisted living facility intends to close or complete a qualifying sale and does not 
comply with statutory requirements; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
26B-2-237
, as last amended by Laws of Utah 2023, Chapter 268 and renumbered and 
amended by Laws of Utah 2023, Chapter 305 and last amended by Coordination Clause, Laws 
of Utah 2023, Chapter 305
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
26B-2-237
 is amended to read:
26B-2-237. Transfer or discharge from an assisted living facility -- Appointment 
of receiver.
(1)
As used in this section:
(a)
"Division" means the Division of Licensing and Background Checks.
(b)
"Ombudsman" means the same as that term is defined in Section 
26B-2-301
.
(c)
"Qualifying sale" means the sale of an assisted living facility that is expected to 
cause the transfer or discharge of a resident within 60 days after the date of the sale.
(b)
(d)
"Resident" means an individual who receives health care from an assisted living 
facility.
(c)
(e)
"Responsible person" means an individual who:
(i)
is designated in writing by a resident to receive communication on behalf of the 
resident; or
(ii)
is legally authorized to make health care decisions on behalf of the resident.
(f)
"Transition plan" means a plan for the closure or qualifying sale of an assisted living 
facility that:
(i)
describes the facility's resident population and the population's needs;
(ii)
identifies available relocation options and resources, including a list of facilities 
within a 60-mile radius that may meet a resident's needs;
(iii)
describes how the facility will accomplish the safe, orderly, and appropriate 
transfer or discharge of residents;
(iv)
specifically addresses how the facility will address the transfer or discharge of 
each resident who may be difficult to relocate due to specialized care needs;
(v)
identifies steps needed to share information and coordinate with managed care 
organizations;
(vi)
includes timetables for all steps in the closure or sale process;
(vii)
describes how the facility will maintain compliance with all applicable laws and 
regulations until the date of closure or sale; and
(viii)
complies with any additional requirements that the department may impose by 
rule made in accordance with Title 63G, Chapter 3, Utah Administrative 
Rulemaking Act.
(2)
A facility is subject to the requirements in Subsection 
(3)
 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.
(3)
Before a transfer or discharge described in Subsection 
(2)
 occurs, the assisted living 
facility from which the resident is transferred or discharged shall:
(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:
(i)
the reasons for the transfer or discharge;
(ii)
the effective date of the transfer or discharge;
(iii)
the location to which the resident will be transferred or discharged, if known; and
(iv)
the name, address, email, and telephone number of the ombudsman;
(b)
send a copy, in English, of the notice described in Subsection 
(3)(a)
 to the 
ombudsman on the same day on which the assisted living facility delivers the notice 
described in Subsection 
(3)(a)
 to the resident and the resident's responsible person;
(c)
provide the notice described in Subsection 
(3)(a)
 at least 
30
60
 days before the day 
on which the resident is transferred or discharged, unless:
(i)
notice for a shorter period of time is necessary to protect:
(A)
the safety of individuals in the assisted living facility from endangerment due 
to the medical or behavioral status of the resident; or
(B)
the health of individuals in the assisted living facility from endangerment due 
to the resident's continued residency;
(ii)
an immediate transfer or discharge is required by the resident's urgent medical 
needs; or
(iii)
the resident has not resided in the assisted living facility for at least 30 days;
(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;
(e)
orally explain to the resident:
(i)
the services available through the ombudsman; and
(ii)
the contact information for the ombudsman; and
(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, to ensure a safe and 
orderly transfer or discharge from the assisted living facility.
(4)
(a)
In the event of an assisted living facility closure
 or qualifying sale
, 
in addition to 
the requirements in Subsection (3):
(i)
at least 120 days prior to the intended date of closure or qualifying sale, the 
assisted living facility shall submit a proposed transition plan to the division for 
approval; and
(ii)
at least 60 days before the day on which the assisted living facility intends to 
close or complete a qualifying sale, 
the assisted living facility shall provide 
written notification of the closure 
or qualifying sale, including a copy of the 
approved transition plan, 
to the ombudsman, 
the division, 
each resident of the 
facility, and each resident's responsible person.
(b)
An assisted living facility may not accept any new resident or application for 
residency on or after the date the assisted living facility first provides a written 
notification required by Subsection 
(4)(a)(ii)
.
(c)
An assisted living facility that provides a written notification required by Subsection 
(4)(a)(ii)
 shall:
(i)
conduct meetings with residents and responsible persons to discuss the relocation 
process;
(ii)
assist each resident with finding a new placement, taking into consideration the 
resident's needs, choices, and best interests;
(iii)
assist a resident who desires to make a site visit to another facility to which the 
resident may relocate, including by making available to the resident, at no charge, 
transportation for up to three site visits to facilities within the same county or 
contiguous counties;
(iv)
inventory each resident's personal possessions, provide a copy of the inventory to 
the resident and the resident's responsible person, and, in a timely manner, transfer 
the resident's possessions to a new location within the same county or contiguous 
counties;
(v)
complete a final accounting of each resident's personal funds held by the facility, 
provide a copy of the accounting to the resident and the resident's responsible 
person, and, in a timely manner, complete a transfer of the resident's funds as 
directed by the resident;
(vi)
assist each resident with the transfer and reconnection of service for telephones 
or other personal communication devices or services, and pay the costs associated 
with the transfer of service, including connection fees or other similar charges;
(vii)
at no charge to the resident, arrange or provide for transportation of the resident 
to the resident's new facility or location within the same county or contiguous 
counties, ensuring that there is no disruption in providing meals, medications, or 
treatments during the relocation process; and
(viii)
provide a resident's new facility or care entity with complete and accurate 
resident records, including contact information for the resident's family members, 
responsible person, social service or other caseworker, and managed care 
coordinator.
(d)
An assisted living facility may not close until all residents have relocated to an 
appropriate alternative setting.
(5)
(a)
A county attorney or the attorney general may bring a petition in a court with 
jurisdiction for the appointment of a receiver if an assisted living facility intends to 
close or complete a qualifying sale and has not complied with the requirements of 
this section.
(b)
A court shall issue an order to show cause why a receiver should not be appointed 
returnable within five days after the filing of the petition.
(c)
If the court finds that the facts warrant the granting of the petition, the court shall 
appoint a receiver to take charge of the facility.
(d)
The court may determine fair compensation for the receiver.
(e)
A receiver appointed pursuant to this section has the powers and duties prescribed by 
the court.
Section 2. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
2-10-25 4:29 PM