CRC - 2017 COMMISSIONER AMENDMENT Proposal No. CS for P 88 Ì480468GÎ480468 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Commissioner Heuchan moved the following: 1 CRC Amendment (with title amendment) 2 3 Delete everything after the proposal clause 4 and insert: 5 A new section is added to Article I of the State 6 Constitution to read: 7 ARTICLE I 8 DECLARATION OF RIGHTS 9 Nursing Home and Assisted Living Facility Residents’ Bill 10 of Rights.—Conditions in long-term care facilities in this state 11 are such that the rights, health, safety, and welfare of 12 residents are not fully ensured by our government or by the good 13 faith of owners or operators of long-term care facilities. In 14 order to further protect residents from abuse, neglect, and 15 exploitation, the Nursing Home and Assisted Living Facility 16 Residents’ Bill of Rights is hereby established. 17 (a) In addition to any other rights provided by law, the 18 residents of nursing home facilities and assisted living 19 facilities are entitled to be treated courteously, fairly, and 20 with the fullest measure of dignity by the facilities’ owners, 21 operators, employees, professionals, and others who care for 22 residents at such facilities. 23 (b) The right to be treated courteously, fairly, and with 24 the fullest measure of dignity includes, but is not limited to: 25 (1) The right to adequate and appropriate health care and 26 treatment. 27 (2) The right to be free from mental and physical abuse. 28 (3) The right to know the identities of all persons or 29 entities who own, operate or manage the facilities. 30 (4) The right to safe living conditions which shall include 31 written and updated disaster preparedness plans and readily 32 available alternate power sources. 33 (5) The right to access courts and a jury system that 34 allows for a speedy trial and relief and remedies for loss, 35 injury, and damages caused to residents by the abuse, 36 negligence, neglect, exploitation, or violation of residents’ 37 rights by the owners, operators, employees, professionals, and 38 others who care for residents at such facilities. Any resident 39 who has been abused, neglected, or exploited has a civil cause 40 of action against any perpetrator and may recover actual and 41 punitive damages for such abuse, neglect, or exploitation. 42 (6) The right to be cared for in facilities that have 43 financial resources or liability insurance sufficient to ensure 44 that residents are justly compensated for any loss, injury, and 45 damage they suffer because of abuse, negligence, neglect, 46 exploitation, or violations of residents’ rights by owners, 47 operators, employees, professionals, and others who care for the 48 residents at such facilities. 49 (c) A nursing home or assisted living facility resident may 50 not be deprived of any rights provided herein or by general law 51 on the basis of their admission to or their residence in a 52 nursing home or assisted living facility. Nursing home and 53 assisted living facilities, including the owners, operators, 54 employees, professionals, and others who care for residents at 55 such facilities, may not solicit, require, or ask residents to 56 waive the rights provided herein or by other laws. 57 (d) Any rights granted under this section do not dissolve 58 upon the death or incapacity of a resident. Upon the death or 59 incapacity of a resident, such resident’s guardians, heirs, 60 estate, or legal representatives, are entitled to any of the 61 rights granted under this section and as may be provided by 62 general law. 63 64 ================= T I T L E A M E N D M E N T ================ 65 And the title is amended as follows: 66 Delete everything before the proposal clause 67 and insert: 68 A proposal to create 69 a new section in Article I of the State Constitution 70 to establish certain rights for residents of nursing 71 home facilities and assisted living facilities.