SB 130-FN – AS INTRODUCED
2005 SESSION
01/10
SENATE BILL 130-FN
COMMITTEE: Public and Municipal Affairs
This bill establishes the “Nursing Home Residents Bill of Rights,” and family councils.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
05-1010
01/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Five
AN ACT relative to the “Nursing Home Residents Bill of Rights.”
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Nursing Home Residents Bill of Rights; Family Councils. Amend RSA 151 by inserting after section 21-b the following new section:
151:21-c Nursing Home Residents Bill of Rights; Family Councils.
I. In this section, “family council” means a meeting of family members, friends, or representatives of a resident to confer in private without facility staff.
II. Licensed skilled nursing facilities and intermediate care facilities shall allow the formation of a family council.
III. When requested by a member of the resident’s family or the resident’s representative, the family council shall be allowed to meet in a common meeting room of the facility at least once a month during the mutually agreed upon hours. If no such room is publicly available, the facility shall make available a private meeting room during the mutually agreed upon hours.
IV. The facility shall notify family members upon the admission of a resident of their right to form a family council. This notification shall be included with the written material provided upon admittance and shall also be provided orally by the admitting employee.
V. The facility shall neither discourage nor deny a family council the opportunity to accept help from an organization or individual outside of the facility.
VI. Facility policies on family councils shall not limit the rights of residents, family members, and family council members to meet independently with outside persons.
VII. The facility shall not prevent or interfere with the family council receiving outside correspondence which is addressed to the council. Family council mail shall be delivered unopened to the governing body or contact person of the council.
VIII. Staff or visitors may attend family council meetings only at the group’s invitation. This invitation may be revoked at any time by the family council, including during a family council meeting.
IX. The facility shall provide a list of staff persons who shall be responsible for responding to written requests that result from family council meetings.
X. The facility shall consider the views and act upon the grievances and recommendations of the family council concerning proposed policy and operational decisions affecting a resident’s care and life at the facility.
XI. The facility shall respond in writing to written requests or concerns of the family council within 5 working days.
XII. If, following a response from the facility, the family council is dissatisfied, the family council shall have the right to file a grievance with the department of health and human services. The department shall respond to a grievance within 21 business days.
XIII. When a family council exists during the admissions process, the facility shall inform family members or representatives of new residents, who are identified on the admissions agreement, or in the resident’s records, of the existence of a family council. The notice shall include the time, place, and date of meeting and the person to contact regarding involvement in the family council. This notice shall also be given orally by the admitting staff person upon admittance. The notices required under this section shall replace the notices required in paragraph IV, if applicable.
XIV. A facility shall not willfully interfere with the formation, maintenance, or promotion of a family council. The willful interference with a family council shall include, but not be limited to, discrimination or retaliation in any way against an individual as a result of his or her participation in a family council or the willful scheduling of facility events in conflict with previously scheduled family council meetings.
XV. In addition to the remedies under RSA 151:30, information regarding facility violations of this section shall be made available to the public if a request is made to the department of health and human services. The commissioner of the department of health and human services may adopt rules pursuant to RSA 541-A, relative to the proper dissemination of such information.
2 Effective Date. This act shall take effect January 1, 2006.
LBAO
05-1010
1/26/05
SB 130-FN - FISCAL NOTE
AN ACT relative to the “Nursing Home Residents Bill of Rights.”
FISCAL IMPACT:
The New Hampshire Association of Counties states this bill will increase county expenditures by an indeterminable amount in FY 2006 and in each year thereafter. There will be no fiscal impact on state, county and local revenue or state and local expenditures.
METHODOLOGY:
The Association of Counties assumed additional staff time would be necessary to satisfy requests for action from the Family Councils. The Association is not able to determine the number of additional staff hours that will be devoted to requests.
The Department of Health and Human Services stated this bill will have no fiscal impact on state expenditures or revenue.