S.B. 386

VETOES

(B)     THE DEPARTMENT SHALL PREPARE AND PROVIDE EACH FACILITY WITH
A STANDARDIZED FORM THAT PROVIDES, IN CLEAR AND SIMPLE LANGUAGE, AT
LEAST THE FOLLOWING INFORMATION:

(1)      NOTICE OF THE INTENDED DISCHARGE OR TRANSFER OF THE
RESIDENT;

(2)      EACH REASON FOR THE DISCHARGE OR TRANSFER;

(3)      THE RIGHT OF THE RESIDENT TO REQUEST A HEARING;

(4)      THE RIGHT OF THE RESIDENT TO CONSULT WITH ANY LAWYER THE
RESIDENT CHOOSES;

(5)      THE AVAILABILITY OF THE SERVICES OF THE LEGAL AID BUREAU,
THE OLDER AMERICAN ACT SENIOR LEGAL ASSISTANCE PROGRAMS FOR
INDIVIDUALS AGE 60 AND OLDER, AND OTHER AGENCIES THAT MAY PROVIDE
ASSISTANCE TO INDIVIDUALS WHO NEED LEGAL COUNSEL;

(6)      THE AVAILABILITY OF LONG TERM CARE OMBUDSMAN PROGRAMS
OF THE STATE OFFICE ON AGING AND LOCAL OFFICE OFFICES OFFICE ON AGING
LONG-TERM CARE OMBUDSMAN LONG-TERM CARE OMBUDSMAN TO ASSIST THE
RESIDENT; AND

(7)      THE PROVISIONS OF THIS SECTION.

(C)     EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, AT LEAST 30 DAYS
BEFORE THE FACILITY INVOLUNTARILY TRANSFERS OR DISCHARGES A RESIDENT
THE FACILITY SHALL:

(1)      PROVIDE TO THE RESIDENT THE WRITTEN NOTICE REQUIRED
UNDER SUBSECTION (A) OF THIS SECTION; AND

(2)      PROVIDE THE WRITTEN NOTICE REQUIRED UNDER SUBSECTION (A)
OF THIS SECTION TO:

(I)       THE NEXT OF KIN, GUARDIAN, OR ANY OTHER INDIVIDUAL
KNOWN TO HAVE ACTED AS THE INDIVIDUAL'S REPRESENTATIVE, IF ANY;

(II)     THE LONG-TERM CARE OMBUDSMAN; AND

(III)    THE DEPARTMENT.

(D)     (1) (I) IN ACCORDANCE WITH REGULATIONS ADOPTED BY THE
SECRETARY, THE FACILITY SHALL PROVIDE THE RESIDENT WITH AN OPPORTUNITY
FOR A HEARING ON THE PROPOSED TRANSFER OR DISCHARGE.

(II) THE REGULATIONS ADOPTED BY THE SECRETARY MAY
PROVIDE FOR THE ESTABLISHMENT OF AN ESCROW ACCOUNT WHEN:

1.        THE BASIS FOR THE DISCHARGE IS NONPAYMENT; AND

2.        THE RESIDENT CONTINUES TO RESIDE IN THE FACILITY
WHILE THE APPEAL IS PENDING.

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