This bill amends existing laws regarding the rights of nursing home patients, specifically focusing on the establishment and operation of independent family councils within nursing facilities. It defines a family council as a group of family members, friends, or representatives of residents who can meet privately without facility staff. The bill mandates that nursing facilities provide the family council with the names, email addresses, and other contact information for each resident's representatives, family members, or other individuals designated by the resident, given written consent. It also requires facilities to inform residents and their representatives about the existence of family councils and their rights regarding participation, including the right to withhold consent for sharing contact information.

The bill stipulates that family councils must not allow participation against the resident's objection and outlines the responsibilities of nursing facility administration in supporting these councils. If a family council submits written requests, concerns, or recommendations, the facility is required to consider those and respond in writing within five business days, detailing its rationale for any action or inaction taken.

Additionally, the bill introduces provisions to prevent discrimination against indigent applicants for admission to nursing homes that receive state funding. It establishes a transparent waiting list process, requiring facilities to admit applicants on a first-come-first-served basis, maintain a dated list of applications, and provide written receipts for waiting list requests. Nursing homes are prohibited from requiring payment or other considerations for admission and must record the number of Medicare, Medicaid, and private pay patients daily. The bill outlines the conditions under which a nursing home may remove an applicant from the waiting list and specifies that nursing homes must notify the state long-term care ombudsman of any violations. Overall, the bill aims to enhance the rights and protections of nursing home residents and ensure fair treatment in the admission process.

Statutes affected:
5170: 23-17.5-30