CRC - 2017                                   COMMITTEE AMENDMENT
       Proposal No. P 88
       
       
       
       
       
       
                                Ì512714ÆÎ512714                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  01/19/2018           .                                
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       The Committee on Declaration of Rights (Stemberger) recommended
       the following:
       
       
    1         CRC Substitute for Amendment (234562) (with title
    2  amendment)
    3  
    4         Delete everything after the enacting clause
    5  and insert:
    6         A new section is added to Article I of the State
    7  Constitution to read:
    8                              ARTICLE I                            
    9                        DECLARATION OF RIGHTS                      
   10         Nursing Home and Assisted Living Facility Residents’ Bill
   11  of Rights.—
   12         (a) In addition to any other rights provided by law, the
   13  residents of nursing home facilities and assisted living
   14  facilities are entitled to be treated courteously, fairly, and
   15  with the fullest measure of dignity by the facilities’ owners,
   16  operators, employees, professionals, and others who care for
   17  residents at such facilities.
   18         (b) The right to be treated courteously, fairly, and with
   19  the fullest measure of dignity includes, but is not limited to:
   20         (1) The right to adequate and appropriate health care and
   21  treatment.
   22         (2) The right to a safe, clean, comfortable, and homelike
   23  environment that protects residents from harm and takes into
   24  account this state's challenges with respect to climate and
   25  natural disasters by having disaster plans and alternative power
   26  sources in place.
   27         (3) The right to access courts and a jury system that
   28  allows for a speedy trial and relief and remedies for loss,
   29  injury, and damages caused to residents and their families by
   30  the abuse, negligence, neglect, exploitation, or violation of
   31  residents’ rights by the owners, operators, employees,
   32  professionals, and others who care for residents at such
   33  facilities.
   34         (4) The right that the facilities will have the financial
   35  resources or liability insurance sufficient to ensure that
   36  residents and their families are justly compensated for loss,
   37  injury, and damage they suffer because of abuse, negligence,
   38  neglect, exploitation, or violations of residents’ rights by
   39  owners, operators, employees, professionals, and others who care
   40  for the residents at such facilities.
   41         (c) Nursing home facilities and assisted living facilities,
   42  including the owners, operators, employees, professionals, and
   43  others who care for residents at such facilities, shall present
   44  to residents, their families, their legal representatives, or
   45  their duly appointed guardians, as applicable, an even-handed
   46  and non-pressured choice between resolving any potential
   47  disputes with the facility either in a judicial or non-judicial
   48  forum.
   49         (d) Any rights granted under this section do not dissolve
   50  upon the death or incapacity of a resident. Upon the death or
   51  incapacity of a resident, such resident’s heirs, estate, family
   52  members, legal representatives, or other appropriate persons are
   53  entitled to any of the rights granted under this section and as
   54  may be provided by general law.
   55         (e) A nursing home or assisted living facility resident may
   56  not be deprived of any right on the basis of their admission to
   57  or their residence in a nursing home or assisted living
   58  facility.
   59         (f) This section is self-executing and does not require any
   60  implementing legislation or administrative rules.
   61  
   62  ================= T I T L E  A M E N D M E N T ================
   63  And the title is amended as follows:
   64         Delete everything before the enacting clause
   65  and insert:
   66                        A proposal to create                       
   67         a new section in Article I of the State Constitution
   68         to establish certain rights for residents of assisted
   69         living facilities and nursing home facilities in this
   70         state.