1     
LONG TERM CARE OMBUDSMAN AMENDMENTS

2     
2023 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Steve Eliason

5     
Senate Sponsor: Luz Escamilla

6     

7     LONG TITLE
8     General Description:
9          This bill amends requirements relating to assisted living facilities.
10     Highlighted Provisions:
11          This bill:
12          ▸     amends requirements for certain facility-initiated transfers or discharges of a
13     resident;
14          ▸     removes a sunset date; and
15          ▸     makes technical changes.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          None
20     Utah Code Sections Affected:
21     AMENDS:
22          26-21-305, as enacted by Laws of Utah 2018, Chapter 220
23          62A-3-209, as enacted by Laws of Utah 2018, Chapter 220
24          63I-1-262, as last amended by Laws of Utah 2022, Chapters 34, 35, 149, 257, and 335
25     

26     Be it enacted by the Legislature of the state of Utah:
27          Section 1. Section 26-21-305 is amended to read:
28          26-21-305. Requirements for facility-initiated transfer or discharge.
29          (1) A facility is subject to the requirements in Subsection (2) if the transfer or
30     discharge:
31          (a) is initiated by the facility for any reason;
32          (b) is objected to by the resident or the resident's responsible person;
33          (c) was not initiated by a verbal or written request from the resident; or
34          (d) is inconsistent with the resident's preferences and stated goals for care.
35          (2) [When a facility initiates the] Before a transfer or discharge [of a resident]
36     described in Subsection (1) occurs, the facility from which the resident is transferred or
37     discharged shall:
38          [(1)] (a) notify the resident and the resident's responsible person, if any, in writing and
39     in a language and a manner that is most likely to be understood by the resident and the
40     resident's responsible person, of:
41          [(a)] (i) the reasons for the transfer or discharge;
42          [(b)] (ii) the effective date of the transfer or discharge;
43          [(c)] (iii) the location to which the resident will be transferred or discharged, if known;
44     and
45          [(d)] (iv) the name, address, email, and telephone number of the ombudsman;
46          [(2)] (b) send a copy, in English, of the notice described in Subsection [(1)(a)] (2)(a) to
47     the ombudsman on the same day on which the facility delivers the notice described in
48     Subsection [(1)(a)] (2)(a) to the resident and the resident's responsible person;
49          [(3)] (c) provide the notice described in Subsection [(1)(a)] (2)(a) at least 30 days
50     before the day on which the resident is transferred or discharged, unless:
51          [(a)] (i) notice for a shorter period of time is necessary to protect:
52          [(i)] (A) the safety of individuals in the facility from endangerment due to the medical
53     or behavioral status of the resident; or
54          [(ii)] (B) the health of individuals in the facility from endangerment due to the
55     resident's continued residency;
56          [(b)] (ii) an immediate transfer or discharge is required by the resident's urgent medical
57     needs; or
58          [(c)] (iii) the resident has not resided in the facility for at least 30 days;
59          [(4)] (d) update the transfer or discharge notice as soon as practicable before the
60     transfer or discharge if information in the notice changes before the transfer or discharge;
61          [(5)] (e) orally explain to the resident:
62          [(a)] (i) the services available through the ombudsman; and
63          [(b)] (ii) the contact information for the ombudsman; and
64          [(6)] (f) provide and document the provision of preparation and orientation for the
65     resident, in a language and manner the resident is most likely to understand, [for a resident] to
66     ensure a safe and orderly transfer or discharge from the facility[; and].
67          [(7)] (3) [in] In the event of a facility closure, the facility shall provide written
68     notification of the closure to the ombudsman, each resident of the facility, and each resident's
69     responsible person.
70          Section 2. Section 62A-3-209 is amended to read:
71          62A-3-209. Assisted living facility transfers.
72          (1) After the ombudsman receives a notice described in Subsection [26-21-305(1)(a)]
73     26-21-305(2)(b), the ombudsman shall:
74          (a) review the notice; and
75          (b) contact the resident or the resident's responsible person to conduct a voluntary
76     interview.
77          (2) The voluntary interview described in Subsection (1)(b) shall:
78          (a) provide the resident with information about the services available through the
79     ombudsman;
80          (b) confirm the details in the notice described in Subsection [26-21-305(1)(a)]
81     26-21-305(2)(b), including:
82          (i) the name of the resident;
83          (ii) the reason for the transfer or discharge;
84          (iii) the date of the transfer or discharge; and
85          (iv) a description of the resident's next living arrangement; and
86          (c) provide the resident an opportunity to discuss any concerns or complaints the
87     resident may have regarding:
88          (i) the resident's treatment at the assisted living facility; and
89          (ii) whether the assisted living facility treated the resident fairly when the assisted
90     living facility transferred or discharged the resident.
91          (3) On or before November 1 of each year, the ombudsman shall provide a report to the
92     Health and Human Services Interim Committee regarding:
93          (a) the reasons why assisted living facilities are transferring residents;
94          (b) where residents are going upon transfer or discharge; and
95          (c) the type and prevalence of complaints that the ombudsman receives regarding
96     assisted living facilities, including complaints about the process or reasons for a transfer or
97     discharge.
98          Section 3. Section 63I-1-262 is amended to read:
99          63I-1-262. Repeal dates: Title 62A.
100          [(1) Section 62A-3-209 is repealed July 1, 2023.]
101          [(2)] (1) Sections 62A-5a-101, 62A-5a-102, 62A-5a-103, and 62A-5a-104, which
102     create the Coordinating Council for Persons with Disabilities, are repealed July 1, 2027.
103          [(3)] (2) Subsections 62A-15-116(1) and (5), the language that states "In consultation
104     with the Behavioral Health Crisis Response Commission, established in Section 63C-18-202,"
105     is repealed January 1, 2023.
106          [(4)] (3) Section 62A-15-118 is repealed December 31, 2023.
107          [(5)] (4) Section 62A-15-124 is repealed December 31, 2024.
108          [(6)] (5) Section 62A-15-605, which creates the Forensic Mental Health Coordinating
109     Council, is repealed July 1, 2023.
110          [(7)] (6) Subsections 62A-15-1100(1) and 62A-15-1101(9), in relation to the Utah
111     Substance Use and Mental Health Advisory Council, are repealed January 1, 2033.
112          [(8)] (7) In relation to the Behavioral Health Crisis Response Commission, on July 1,
113     2023:
114          (a) Subsections 62A-15-1301(2) and 62A-15-1401(1) are repealed;
115          (b) Subsection 62A-15-1302(1)(b), the language that states "and in consultation with
116     the commission" is repealed;
117          (c) Subsection 62A-15-1303(1), the language that states "In consultation with the
118     commission," is repealed;
119          (d) Subsection 62A-15-1402(2)(a), the language that states "With recommendations
120     from the commission," is repealed; and
121          (e) Subsection 62A-15-1702(6) is repealed.