Aging Committee
JOINT FAVORABLE REPORT
Bill No.: SB-973
AN ACT STRENGTHENING THE VOICE OF RESIDENTS AND FAMILY
Title: COUNCILS.
Vote Date: 3/11/2021
Vote Action: Joint Favorable Substitute
PH Date: 3/9/2021
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:
Aging Committee
REASONS FOR BILL:
Many policies that directly affect the residents lives have been implemented and changed
without any input from residents councils or family councils. Thus, the constituencies that
have been disproportionately impacted have had no feedback or a seat at the table.
Therefore, the residents do not feel part of the process of change and are less likely to take
any ownership. This bill requires input from residents' councils and family councils at long
term care facilities on state-wide policies affecting living conditions for residents.
The JFS language directs that the State Ombudsman and the Commission on Women,
Children, Seniors, Equity and Opportunity to seek testimony from the Statewide Coalition of
Presidents of Residents Councils on policy proposals or regulations suggested by a state
agencies or legislative committees. It directs that task forces or state agencies that are
studying issues concerning living or care conditions at long-term care facilities shall include
representatives of residents' councils and family councils.
RESPONSE FROM ADMINISTRATION/AGENCY:
Senator Cathy Osten, Connecticut General Assembly: Her testimony is in support of this
legislation. She believes that it is vital the residents of long-term care facilities and their
families not only have a seat at the table, but also to ensure that their voices are being heard.
Rep. Kathleen McCarty, Connecticut General Assembly: She is in support of this bill so
that the rights of nursing home residents will have their voices heard when policies that
directly impacts them is being formulated. After listening to many nursing home residents
during her work as a member of the Nursing Home and Assisted Living Oversight Working
Group it became apparent that resident and family councils were not involved in important
decisions.
Mairead Painter, Ombudsman, Dept. of Aging and Disability Services: She offered her
testimony in support of this proposal and says that the bill will provide residents and family
members the access and accommodation to be a part of the conversation and ensure that
decision makers are informed as to the impact of potential changes that are being proposed.
Michael Werner, Attorney, Commission on Women, Children, Seniors, Equity and
Opportunity: They support this bill. Resident Councils and Family councils and the
constituencies that they represent have been disproportionally impacted through policy-
imposed restrictions in living conditions without consideration given to the perspective or
consent of those subjected to new emergency rules.
Dept. of Social Services: They are opposed to this bill. They are concerned that this
language may be so broad as to encompass any agency policy or position that may impact
long-term care. The DSS does not believe that it would be practicable to conduct a formal
written or video-based comment process on each policy change that might be proposed.
They point out that the state has an established formal regulatory process pursuant to the
Uniform Administrative Procedures Act in state statutes. Also, the DSS engages and will
continue to engage with resident long-term care advocates and representatives seeking
feedback on major policy and programmatic changes that affect residents. Finally, The DSS
regularly works with the long-term Care Ombudsman's office and receives regular feedback
from families and residents through that office as well.
NATURE AND SOURCES OF SUPPORT:
Mag Morelli, President, LeadingAge, Connecticut: They support this proposal but suggest
that the bill is very broad, and it might be in everyone's' interest if the language is narrowed
down to make the mandate more specific and workable.
Kathleen Flaherty, Executive Director, Connecticut Legal Rights Project, Inc.: They
support this legislation pointing out that if you want to find people with the best solutions to
problems find those most affected by those problems.
Jean Mills Aranha, Attorney, Connecticut Legal Services, Stamford: They support this
bill and say that for too long the voices of residents and family members have not been
solicited or heard while policy was developed that impacted resident' lives and care
conditions. This was evident during the pandemic when visitation rules were imposed without
input from the people affected. Many of them have suffered mentally and physically as a
result.
AARP, Connecticut: They support this bill and point out that older and disabled people can
speak for themselves and they should be invited to participate in conversations about their
own health, safety, and futures.
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Connecticut Statewide Coalition of Presidents of Resident Councils: They are in support
of this legislation and that it will guarantee residents and family members the opportunity to
be at the table when potential changes are being proposed. They firmly support a bill that
allows for residents and family members to become active participants in creating change
and not just the bearers of it. They believe, that overall, SB 973 would significantly reinforce
and support their mission as a formal group of nursing home advocates.
Valerie Marcella, Constituent, Niantic: She submitted her testimony in support of this bill.
She sees firsthand the daily operations and protocols of facilities and how it affects residents.
NATURE AND SOURCES OF OPPOSITION:
No testimony submitted in opposition.
Reported by: Richard Ferrari, Assistant Clerk Date: 3/25/2021
Richard ONeil, Assistant Clerk
Joe Perkus, Clerk
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