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7 LONG TITLE
8 Committee Note:
9 The Health and Human Services Interim Committee recommended this bill.
10 Legislative Vote: 16 voting for 0 voting against 2 absent
11 General Description:
12 This bill amends requirements relating to assisted living facilities.
13 Highlighted Provisions:
14 This bill:
15 ▸ amends requirements for certain facility-initiated transfers or discharges of a
16 resident;
17 ▸ removes a sunset date; and
18 ▸ makes technical changes.
19 Money Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 AMENDS:
25 26-21-305, as enacted by Laws of Utah 2018, Chapter 220
26 62A-3-209, as enacted by Laws of Utah 2018, Chapter 220
27 63I-1-262, as last amended by Laws of Utah 2022, Chapters 34, 35, 149, 257, and 335
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29 Be it enacted by the Legislature of the state of Utah:
30 Section 1. Section 26-21-305 is amended to read:
31 26-21-305. Requirements for facility-initiated transfer or discharge.
32 (1) A facility is subject to the requirements in Subsection (2) if the transfer or
33 discharge:
34 (a) is initiated by the facility for any reason;
35 (b) is objected to by the resident or the resident's responsible person;
36 (c) was not initiated by a verbal or written request from the resident; or
37 (d) is inconsistent with the resident's preferences and stated goals for care.
38 (2) [
39 described in Subsection (1) occurs, the facility from which the resident is transferred or
40 discharged shall:
41 [
42 in a language and a manner that is most likely to be understood by the resident and the
43 resident's responsible person, of:
44 [
45 [
46 [
47 and
48 [
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50 the ombudsman on the same day on which the facility delivers the notice described in
51 Subsection [
52 [
53 before the day on which the resident is transferred or discharged, unless:
54 [
55 [
56 or behavioral status of the resident; or
57 [
58 resident's continued residency;
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60 needs; or
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63 transfer or discharge if information in the notice changes before the transfer or discharge;
64 [
65 [
66 [
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68 resident, in a language and manner the resident is most likely to understand, [
69 ensure a safe and orderly transfer or discharge from the facility[
70 [
71 notification of the closure to the ombudsman, each resident of the facility, and each resident's
72 responsible person.
73 Section 2. Section 62A-3-209 is amended to read:
74 62A-3-209. Assisted living facility transfers.
75 (1) After the ombudsman receives a notice described in Subsection [
76 26-21-305(2)(b), the ombudsman shall:
77 (a) review the notice; and
78 (b) contact the resident or the resident's responsible person to conduct a voluntary
79 interview.
80 (2) The voluntary interview described in Subsection (1)(b) shall:
81 (a) provide the resident with information about the services available through the
82 ombudsman;
83 (b) confirm the details in the notice described in Subsection [
84 26-21-305(2)(b), including:
85 (i) the name of the resident;
86 (ii) the reason for the transfer or discharge;
87 (iii) the date of the transfer or discharge; and
88 (iv) a description of the resident's next living arrangement; and
89 (c) provide the resident an opportunity to discuss any concerns or complaints the
90 resident may have regarding:
91 (i) the resident's treatment at the assisted living facility; and
92 (ii) whether the assisted living facility treated the resident fairly when the assisted
93 living facility transferred or discharged the resident.
94 (3) On or before November 1 of each year, the ombudsman shall provide a report to the
95 Health and Human Services Interim Committee regarding:
96 (a) the reasons why assisted living facilities are transferring residents;
97 (b) where residents are going upon transfer or discharge; and
98 (c) the type and prevalence of complaints that the ombudsman receives regarding
99 assisted living facilities, including complaints about the process or reasons for a transfer or
100 discharge.
101 Section 3. Section 63I-1-262 is amended to read:
102 63I-1-262. Repeal dates: Title 62A.
103 [
104 [
105 create the Coordinating Council for Persons with Disabilities, are repealed July 1, 2027.
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107 with the Behavioral Health Crisis Response Commission, established in Section 63C-18-202,"
108 is repealed January 1, 2023.
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110 [
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112 Council, is repealed July 1, 2023.
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114 Substance Use and Mental Health Advisory Council, are repealed January 1, 2033.
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116 2023:
117 (a) Subsections 62A-15-1301(2) and 62A-15-1401(1) are repealed;
118 (b) Subsection 62A-15-1302(1)(b), the language that states "and in consultation with
119 the commission" is repealed;
120 (c) Subsection 62A-15-1303(1), the language that states "In consultation with the
121 commission," is repealed;
122 (d) Subsection 62A-15-1402(2)(a), the language that states "With recommendations
123 from the commission," is repealed; and
124 (e) Subsection 62A-15-1702(6) is repealed.