This bill amends existing laws regarding the rights of nursing home patients, specifically focusing on the establishment and operation of 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 contact information for residents' representatives to the family council, given that written consent is obtained. Additionally, it requires facilities to inform residents and their representatives about the existence of family councils and their rights regarding participation. The bill stipulates that if a facility has a family council, it must inform residents and their representatives about its existence and provide contact information for the family council representative within five business days of admission. If a facility does not have a family council, it must inform residents and their representatives of their right to form one upon admission.

The bill also states that family councils cannot allow participation against the objection of the resident and requires facilities to consider and respond in writing to any requests, concerns, or recommendations submitted by the family council within five business days.

Furthermore, the bill introduces provisions to ensure that nursing homes receiving state payments do not discriminate against indigent applicants based on their payment source. It establishes a transparent waiting list process, requiring facilities to admit applicants in the order they apply. Nursing homes must provide a receipt to applicants requesting placement on a waiting list, maintain a dated list of applications, and post a notice informing applicants of their rights. The bill outlines conditions under which a nursing home may remove an applicant from the waiting list and emphasizes the importance of notifying the state long-term care ombudsman of any family council formations. Overall, this legislation aims to enhance the rights and protections of nursing home residents and ensure fair treatment in the admission process.

Statutes affected:
787: 23-17.5-30