House Bill 5046 (sHB5046 File No. 611) is a comprehensive piece of legislation aimed at improving the quality of life for nursing home residents by introducing several amendments to existing laws. The bill sets new standards for bed placement in nursing homes, requiring a minimum of three-foot clearance on all sides of a bed and limiting rooms to a maximum of two beds for new admissions from July 1, 2025, and for all residents by July 1, 2026. It also prohibits the Commissioner of Public Health from issuing new licenses for rest homes with nursing supervision after the bill's effective date. The bill outlines procedures for admitting indigent persons, maintaining waiting lists, and posting non-discrimination notices. It specifies record-keeping requirements for nursing homes regarding patient payment sources and establishes investigation and sanction procedures for violations. Additionally, the bill allows for temporary exemptions from admitting indigent persons on waiting lists under certain conditions and includes insertions of new legal language and deletions of some existing language to reflect these changes.

The bill also addresses the management of managed residential communities (MRCs) and assisted living services agencies (ALSAs), requiring clear communication of services, costs, and fee adjustments to residents. MRCs must provide detailed residency agreements, including an itemization of services and goods, full disclosure of all charges, and a process for fee adjustments. The bill mandates a 90-day notice for fee increases and limits the financial responsibility of a resident's estate or family after death. ALSAs must disclose fee increases at least 60 days in advance and provide a history of fee increases upon request. The bill introduces forensic audits for healthcare facilities, with facilities liable for audit costs and subject to civil penalties for non-cooperation. It also revises the criteria for appointing receivers for facilities experiencing financial losses and updates the certification process for nursing facility management services, including more stringent disclosure requirements. The bill includes provisions effective upon passage and others with future effective dates, such as July 1, 2024, and July 1, 2025. It is expected to generate revenue for the state through new penalties and recovery of audit costs or civil penalties.

Statutes affected:
Governor's Bill:
AGE Joint Favorable:
File No. 146:
JUD Joint Favorable:
APP Joint Favorable Substitute:
File No. 611: