Human Services Committee
JOINT FAVORABLE REPORT
Bill No.: HB-6317
AN ACT PROHIBITING DISCHARGES FROM NURSING HOMES AND
Title: RESIDENTIAL CARE HOMES TO TEMPORARY OR UNSTABLE HOUSING.
Vote Date: 3/18/2021
Vote Action: Joint Favorable Substitute
PH Date: 2/16/2021
File No.:
Disclaimer: The following JOINT FAVORABLE Report is prepared for the benefit of the
members of the General Assembly, solely for purposes of information, summarization and
explanation and does not represent the intent of the General Assembly or either chamber
thereof for any purpose.
SPONSORS OF BILL:
Human Services Committee
REASONS FOR BILL:
This bill proposes to add language to the state statutes that currently govern the transfer and
discharge of nursing home and residential care home residents. It prohibits nursing homes
and residential care homes from discharging residents to temporary or unstable housing
situations. This bill aims to ensure that residents are discharged to housing where their health
needs are met. Overall, it seeks to protect this vulnerable population by ensuring responsible
and dignified discharges.
RESPONSE FROM ADMINISTRATION/AGENCY:
Deidre Gifford, Commissioner, Department of Social Services, appreciates and shares the
concern that this bill is seeking to address. Commissioner Gifford notes that retaining
individuals in nursing facilities is not the highest and best way to meet their needs. To
address the issue raised through this proposal, DSS has partnered with a variety of state
agencies and organizations to create The Connecticut Housing Engagement and Support
Services (CHESS). This program will assist individuals served by Medicaid with obtaining
and maintaining stable housingto help stabilize participants health and prevent avoidable
health expenditures. DSS believes that this new program is an appropriate route to help
solve the housing crisis highlighted in this bill.
NATURE AND SOURCES OF SUPPORT:
Kevin Brophy, Managing Attorney, Elder Law Unit of CT Legal Services
Kathy Flaherty, Executive Direction, CT Legal Rights Project
Jean Mills Aranha, Managing Attorney, Stamford Office of CT Legal Services
They all support this bill with substitute language to include discharges to transient housing.
They all believe that nursing homes and residential care facilities must ensure adequate
health safeguards before discharging a resident. They comment that discharges to homeless
shelters and other unstable housing happen far too often in Connecticut, citing examples in
their testimony. Mr. Brophy and Ms. Aranha believe that discharging residents to homeless
shelters or other temporary or unstable housing increases the likelihood of these residents
becoming hospitalized, ending up back in a nursing home, or even worse, dying. They note
that nursing homes and residential care facilities require increased staffing, specifically social
workers, to ensure safe discharges.
Mairead Painter, State Long-Term Care Ombudsman, supports this bill because residents
should only be discharged to places where they can receive the supports required to stabilize
their overall wellbeing. Without this stability, individuals are put at increased risk and there is
added demand on the system.
NATURE AND SOURCES OF OPPOSITION:
Matthew V. Barrett, President and CEO, Connecticut Association of Health Care
Facilities/Connecticut Center For Assisted Living (CAHCF/CCAL) recommends addressing
the underlying causes of housing instability as it relates to nursing home discharges through
supportive housing initiatives like CHESS and the enforcement of a significant body of state
and federal rules. Mr. Barrett notes the existence of state and federal laws that prohibit
improper involuntary transfer and discharges of nursing home residents. He also comments
that Section 47a-7 places an unreasonable burden on nursing homes to inspect each
potential discharge location.
Rhonda Boisvert, President, Connecticut Association of Residential Care Homes, supports
the intent of the bill but opposes some of the language. Ms. Boisvert requests amendments to
Section 2 of the bill. She believes that the bill puts the residential care home in a challenging
and almost impossible position. Ms. Boisverts major concern is the lack of appropriate
settings to discharge residents to mainly when they are threatening and putting residents or
staff in danger.
Mag Morelli, President, LeadingAge Connecticut, opposes this bill because current state and
federal statutes already include provisions to ensure that any transfer or discharge is safe for
the resident. She notes that transfer/discharge laws also afford appeal rights for the resident.
For these reasons, Ms. Morelli believes this bill is unnecessary. She believes that the CHESS
initiative will address the housing needs for persons who fall within the service gap that this
legislation is seeking to assist.
Reported by: Gianna Vollano Date: March 30, 2021
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Statutes affected:
Raised Bill:
HS Joint Favorable Substitute:
File No. 259:
PH Joint Favorable: