CRC - 2017                                COMMISSIONER AMENDMENT
       Proposal No. CS for P 88
       
       
       
       
       
       
                                Ì480468GÎ480468                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       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.