HB1727 (2006) Detail

(New Title) relative to transfer or discharge of patients or residents in licensed facilities.


CHAPTER 153

HB 1727-FN-LOCAL – FINAL VERSION

15Feb2006… 0807h

04/20/06 1754s

2006 SESSION

06-2858 01/09

HOUSE BILL 1727-FN-LOCAL

AN ACT relative to transfer or discharge of patients or residents in licensed facilities.

SPONSORS: Rep. MacKay, Merr 11; Rep. Pilliod, Belk 5; Rep. Hogancamp, Ches 4; Rep. Emerson, Ches 7; Rep. Wendelboe, Belk 1; Sen. Martel, Dist 18; Sen. Johnson, Dist 2

COMMITTEE: Health, Human Services and Elderly Affairs

AMENDED ANALYSIS

This bill clarifies the paperwork required for a transfer or discharge from a licensed facility.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

15Feb2006… 0807h

04/20/06 1754s

06-2858

01/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Six

AN ACT relative to transfer or discharge of patients or residents in licensed facilities.

Be it Enacted by the Senate and House of Representatives in General Court convened:

153:1 Statement of Purpose. The general court recognizes the need to define conditions under which patients in, or residents of, facilities licensed under this chapter may be transferred or discharged voluntarily to the custody of relatives, or to other facilities. Therefore, the general court hereby clarifies the law regarding transfer or discharge of patients or residents in licensed facilities.

153:2 Health Facilities; Transfer or Discharge of Patients. Amend RSA 151:26, II(a) to read as follows:

II.(a) Transfer or discharge of a patient shall in all instances be preceded by written notice which shall contain the following:

(1) The reason for the proposed transfer or discharge;

(2) The effective date of the proposed transfer or discharge;

(3) The location to which the patient is transferred or discharged;

(4) The name, address and telephone number of the long-term care ombudsman, established under RSA 161-F:10, and the name, address, and telephone number of the [designated agency responsible for the protection and advocacy system for a developmentally disabled or mentally ill individual] federally-designated protection and advocacy agency for individuals with disabilities;

(5) A statement which shall read: “You have a right to appeal the facility’s decision to transfer or discharge you. If you think you should not have to leave this facility, you may file an appeal in superior or probate court.” If the patient is in a skilled nursing facility or nursing facility certified under Title XVIII or Title XIX of the Social Security Act, the statement shall inform the patient of his or her right to request an administrative hearing before the department of health and human services.

Except as specified in paragraph II(b) of this section, written notice of transfer or discharge shall be given at least 30 days before the resident is transferred or discharged. A copy of the notice shall be placed in the patient’s clinical record and a copy shall be transmitted to the patient, [the patient’s next of kin,] the patient’s personal representative, legal guardian, the long-term care ombudsman [in the office of the ombudsman], established under RSA 161-F:10, and the [designated agency responsible for the protection and advocacy system for a developmentally disabled or mentally ill individual, and the person or agency responsible for the patient’s placement, maintenance, and care in the facility] federally-designated protection and advocacy agency for individuals with disabilities.

153:3 New Paragraphs; Transfer of Discharge of Patients. Amend RSA 151:26 by inserting after paragraph IV the following new paragraphs:

V. For the purposes of this section, “transfer” or “discharge” shall not include transfers or discharges initiated at the request of the patient or his or her legal guardian, except that transfer or discharge of a resident from a nursing home certified under federal law even if initiated at the request of the resident or his or her legal guardian shall be subject to all federal notice requirements.

VI. If the patient or his or her legal guardian wishes to have the patient relocate to another facility or place, the patient shall be relocated according to the patient’s or legal guardian’s wishes; provided, that the patient or legal guardian gives written notice of such relocation to the facility.

153:4 Effective Date. This act shall take effect 60 days after its passage.

Approved: May 22, 2006

Effective: July 21, 2006