CRC - 2017 COMMITTEE AMENDMENT
Proposal No. P 88
Ì234562'Î234562
LEGISLATIVE ACTION
Senate . House
Comm: FAV .
01/19/2018 .
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The Committee on Declaration of Rights (Gainey) recommended the
following:
1 CRC Amendment (with title amendment)
2
3 Delete everything after the enacting 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.—
11 (a) In addition to any other rights provided by law, the
12 residents of nursing home facilities and assisted living
13 facilities are entitled to be treated courteously, fairly, and
14 with the fullest measure of dignity by the facilities’ owners,
15 operators, employees, professionals, and others who care for
16 residents at such facilities.
17 (b) The right to be treated courteously, fairly, and with
18 the fullest measure of dignity includes, but is not limited to:
19 (1) The right to adequate and appropriate health care and
20 treatment that prioritizes the residents’ needs and best
21 interests.
22 (2) The right to a safe, clean, comfortable, and homelike
23 environment that protects residents from harm and includes
24 reasonable precautions to safeguard them from adverse effects
25 caused by extreme climatic conditions and natural disasters.
26 (3) The right to access courts and a jury system that
27 allows for a speedy trial and relief and remedies, without
28 limitations, for loss, injury, and damages caused to residents
29 and their families by the abuse, negligence, neglect,
30 exploitation, or violation of residents’ rights by the owners,
31 operators, employees, professionals, and others who care for
32 residents at such facilities.
33 (4) The right to know and hold accountable all persons or
34 entities who either directly or indirectly own or operate the
35 facilities.
36 (5) The right that the facilities will have the financial
37 resources or liability insurance sufficient to ensure that
38 residents and their families are justly compensated for any
39 loss, injury, and damage they suffer because of abuse,
40 negligence, neglect, exploitation, or violations of residents’
41 rights by owners, operators, employees, professionals, and
42 others who care for the residents at such facilities.
43 (c) Nursing home facilities and assisted living facilities,
44 including the owners, operators, employees, professionals, and
45 others who care for residents at such facilities, may not
46 solicit, require, or ask residents to waive the rights provided
47 herein or by other laws. Nothing in this section shall be
48 construed to mean that residents are prohibited from voluntarily
49 waiving the rights provided herein or by other laws.
50 (d) Any rights granted under this section do not dissolve
51 upon the death or incapacity of a resident. Upon the death or
52 incapacity of a resident, such resident’s heirs, estate, family
53 members, legal representatives, or other appropriate persons are
54 entitled to any of the rights granted under this section and as
55 may be provided by general law.
56 (e) A nursing home or assisted living facility resident may
57 not be deprived of any right on the basis of their admission to
58 or their residence in a nursing home or assisted living
59 facility.
60 (f) This section is self-executing and does not require any
61 implementing legislation or administrative rules.
62
63 ================= T I T L E A M E N D M E N T ================
64 And the title is amended as follows:
65 Delete everything before the enacting clause
66 and insert:
67 A proposal to create
68 a new section in Article I of the State Constitution
69 to establish certain rights for residents of assisted
70 living facilities and nursing home facilities in this
71 state.