NEW LAWS AFFECTING ELDERS - 2019

With the close of the recent Connecticut Legislative session, Connecticut has a couple of new laws that effect our ageing and/or ailing population.

 Public Act 19-89 AN ACT CONCERNING NURSING HOME STAFFING LEVELS 

Effective October 1, 2019, this act requires Nursing Home facilities to post in a conspicuous place on a daily basis the staffing levels of the facility in accordance with 42 CFR 483.35(g). In particular they are required to post:

1. The name of the facility;
2. The total number of:
   1. Advanced Practice Registered Nurses;
   2. Registered Nurses;
   3. Licenses Practical Nurses; and
   4. Nurse’s aides,

who will be responsible for direct patient care during the shift.

3. The total number of hours each of the above are scheduled to work during the shift;
4. The total number of residents in the facility;
5. The minimum number of nursing home facility staff per shift that is required by Connecticut laws or regulations to provide direct patient care; and
6. The telephone number or internet site to report violations.

There are also provisions prohibiting retaliation against patients and employees for filing complaints and remedies for those situations.

 This new law puts the onus on the patients, public and employees to report violations who may still fear retaliation against themselves or their loved ones, despite the provisions prohibiting it. Since the facilities are required to calculate this information on a daily basis, why not require them to report it into a statewide database that will automatically flag violations and trigger disciplinary proceedings? Doesn’t that make more sense and eliminate the retaliation issue altogether? 

Public Act 19-57 AN ACT CONCERNING FUNERAL SERVICE CONTRACTS AND CEMETERIES. 

This law increases the permissible irrevocable funeral trust from $8,000.00 to 10,000.00 effective January 1, 2020. This is a permissible expense when spending down in anticipation of filing Title XIX/Medicaid. It does not affect everyone, but if you consult with us regarding Title XIX/Medicaid planning for a loved one, amongst our advice is to prepay funerals.