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2001 SESSION

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HB 1920 Long-term care facilities; vol. closure or nonrenewal of license.

Introduced by: Mitchell Van Yahres | all patrons    ...    notes | add to my profiles

SUMMARY AS INTRODUCED:

Long-term care facilities; voluntary closure or nonrenewal of license or provider agreement and receivership. Provides procedures and consumer protections in the event a long-term care facility chooses voluntarily to close or not to renew its license or provider agreement. All licensed nursing homes, certified nursing homes and assisted living facilities shall notify in writing the appropriate state licensing agency, residents and their authorized representatives and physicians of its intent to close no less than 120 days in advance of its intended closure in order to provide residents the time needed to search for and select a new long-term care facility. The long-term care facility must submit a resident relocation plan to the appropriate state licensing agency for its approval within seven days of the written notification of intent to close or not renew its license or provider agreement. A copy of the relocation plan shall be provided to the Office of the State Long-Term Care Ombudsman. A relocation team will be formed, within seven days of the written notification, comprised of representatives from the state licensing agency, the Department of Medical Assistance Services, the local long-term care ombudsman, the local department of social services, and, when appropriate, the local community services board. The costs of the relocation team shall be absorbed by the agencies as part of their normal duties and responsibilities. The state licensing agency shall not provide written approval of the relocation plan until it has input from the relocation team and the Office of the State Long-Term Care Ombudsman. Department review and approval of the relocation plan shall occur within seven calendar days of receipt of the Office of the State Long-Term Care Ombudsman and local relocation team's recommendations. Failure by the long-term care facility to comply with these provisions shall result in the state licensing agency petitioning the circuit court in the jurisdiction in which the long-term care facility is located for the appointment of a receiver. Finally, the bill provides a process for receivership for noncompliant assisted living facilities commensurate with that of nursing homes and certified nursing facilities. This bill is identical to SB 845.


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