Aging Committee
JOINT FAVORABLE REPORT
Bill No.: SB-975
AN ACT STRENGTHENING THE BILL OF RIGHTS FOR LONG-TERM CARE
Title: FACILITY RESIDENTS.
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:
At times in long-term care facilities residents have been isolated due to their access to
current technology. This lack of access to technology can create a poor quality of life for
those residents. Additionally, residents should have the knowledge of how to make a living
arrangement recommendation or grievance within the facility. The bill affirms that residents at
long-term care facilities have the right to treat their living quarters as their homes and have
the same rights as other residents, including the right to use the technology of their choice
and to file grievances for violations of their rights.
The JFS language includes a sentence in Section 1 of the bill, in lines 11, 12, and 13,
"subject to rules designed to protect the privacy, health and safety of other patients at a
nursing home facility, residential care home or chronic disease hospital".
RESPONSE FROM ADMINISTRATION/AGENCY:
Senator Paul Formica, Connecticut General Assembly: His testimony was submitted in
support of the proposal that seeks to prevent social isolation of seniors who reside in nursing
homes and to respect their rights to family contact and privacy. As a member of the
Governor's Nursing Home and Assisted Living Facility Oversight Advisory Working Group he
has had a much closer view of the challenges these facility residents have faced.
Senator Cathy Osten, Connecticut General Assembly: She offered her comments in favor
of this bill and indicated that the bill is essential as we prepare for any future pandemics that
might occur.
Mairead Painter, Long-Term Care Ombudsman, Dept. of Aging and Disability Services:
She supports this bill and has been asked to offer this support on behalf of the Executive
Board of Presidents of Resident Councils as well as individual Presidents of Resident
Councils. Long-Term Care facilities will not be able to impose policies to restrict certain use of
technology by residents. The Connecticut nursing Home and Assisted Living Oversight
Workgroup indicate articles and reports that have identified concerns about social isolation of
older adults and long-term care facility residents, pointing out that technology can have
benefits including reducing social isolation, providing connectedness and resident
engagement, improving quality of life, brain stimulation and fun and helping assure the quality
of care.
Michael Werner, Attorney, Commission on Women, Children, Seniors, Equity and
Opportunity: Their testimony was offered in support of this measure. The language allows
for reasonable accommodations to permit freer association and communications with loved
ones and others through technology. This is important considering the restrictions placed on
long-term facilities. This allows for further safeguards against coercion, discrimination or
reprisal, in presenting grievances and in the recommendation of changes in policies and
procedures in various facilities, residential care homes, and hospitals.
Dept. of Social Services: Their testimony appreciates and supports the intent of the bill, but
certain aspects of the proposed legislation may require further clarification. The language
states that patients admitted to any nursing home facility, residential care home or chronic
disease hospital can treat their living quarters as their home and as such, provides that the
patients have no fewer rights than any other resident of the state but they point out that
Residents of those facilities are subject to various statutory provisions that are related to
transfer of discharge. It is unclear if conferring such patients with no fewer rights than any
other residents of the state unintendedly imposes certain aspects of landlord-tenant law upon
all such patients that relate to patient transfer or discharge.
Deidre Gifford, M.D., Commissioner, Dept. of Public Health: The bill revises the Patients'
Bill of Rights to ensure that a resident living in a nursing home, residential care facility,
chronic disease hospital or managed residential community can treat their living quarters as
their home. They support the intent of this bill that allow for patient privacy and the ability to
communicate with family and loved ones and to ensure that the resident's rights are being
upheld.
NATURE AND SOURCES OF SUPPORT:
Mag Morelli, President, LeadingAge Connecticut: They support this bill and its aims to
enhance existing rights for resident of nursing homes and managed residential communities.
Additionally, the state has enacted a bill of rights for the resident of managed residential
communities and the Dept of Public Health has regulations governing assisted living services
agencies (ALSA) and they have a separate bill of rights that protects managed residential
community residents receiving ALSA services. We want you to know that these current rights
are protected and enforced.
Kathleen Flaherty, Executive Director, Connecticut Legal Rights Project, Inc.: Their
testimony is in support of this proposal with suggested amendments. In the same way that
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you propose amending the Bill of Rights they encourage the legislature to consider amending
the Bill of Rights for psychiatric facilities. They suggest that the line "and shall furnish access
to a computer and the internet for the purpose of sending and receiving e-mail" and "patients
shall have access to their own personal cell phones to make and receive calls, to send and
receive texts and to send and receive e-mail, except as provided in this section."
Anna Doroghazi, AARP, Connecticut: They support this legislation. Codifying these rights
in the Residents Bill of Rights acknowledges their importance and establishes that any facility
that deprive a patient of rights or benefits created or established for the well-being of the
patient shall be liable in a private cause of action for injuries suffered. It is important for
residents to know that they have recourse and this bill will establish this.
Anna Mills Aranha, Attorney, Connecticut Legal Services, Stamford: Testimony from
her office is in support of this bill. The right to associate and communicate with people of the
resident's choice and to purchase and use technology are specific examples of the rights
specified in this bill. Also, the bill strengthens the current right of residents to voice grievances
and recommend changes in services, policies and procedures. The experience with the
pandemic shows that these are essential right needed to allow residents to report their
experiences, suggest changes and voice grievances to the appropriate authorities.
Sharon Echtman, e-mail testimony: She expressed her support for this bill.
Irma Rappaport, e-mail testimony: She submitted her comments in support of this proposal
and offered her experiences with her mother during the pandemic.
Valerie Marcella, Niantic: She offered testimony in support of this bill. She related her story
about her grandmother and some of the difficulties she has had concerning the facility she is
in. Her grandmother has reported incidents of aggression and verbal abuse with staff but
when she visited someone on staff was present. She believes this bill would be of help to
those who cannot protect themselves.
NATURE AND SOURCES OF OPPOSITION:
Matt Barrrett, President, Connecticut Assoc. of Health Care Facilities: The proposed
changes suggested in this bill are duplicative of rights already provided under federal law and
have the potential to create confusion in their application. Existing federal regulations
included extensive and detailed rights which must be afforded to all nursing home residents.
Considering the existing federal regulations, the proposed additions to the Bill of Rights are
overly broad. The language creates confusion because most residents' rooms are not private
but rather are shared with unrelated persons and therefore any rights must be exercised
without infringing on the rights of other residents. The proposed legislation also provides that
each nursing home resident has the right to present grievances and recommend changes in
policies, procedures and service and again they point out that these provisions already exist
in federal law, including the right to access representatives from state and federal agencies.
Tina Yeitz, President, Connecticut Assoc. of Residential Care Homes: They offered
testimony on this bill and describe the language as problematic and vague. They point out
that residential care homes largely care for residents who are mobile and free to come and
go as they please from the home. Most residential care homes have a set of house rules
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which have similarities to landlord-tenant agreements, for instance, many homes may
establish quiet times to avoid loud music or other disruptive behavior late into the night. They
are concerned about the ambiguity with the language, "and has no fewer rights than any
other resident of the state." They believe the terminology is confusing and vague and fails to
fully consider all the other public health laws and regulations that homes must abide by.
Reported by: Richard Ferrari, Assistant Clerk Date: 3/23/21
Richard ONeil, Assistant Clerk
Joe Perkus, Clerk
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