CRC - 2017                                COMMISSIONER AMENDMENT
       Proposal No. CS for P 88
       
       
       
       
       
       
                                Ì1214481Î121448                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       Commissioners Heuchan and Gaetz moved the following:
       
    1         CRC Substitute for Amendment (480468) (with title
    2  amendment)
    3  
    4         Delete everything after the enacting clause
    5  and insert:
    6                             ARTICLE I
    7                      DECLARATION OF RIGHTS
    8         Nursing Home and Assisted Living Facility Residents' Bill
    9  of Rights.-Conditions in long-term care facilities in this state
   10  are such that the rights, health, safety, and welfare of
   11  residents are not fully ensured by our government or by the good
   12  faith of owners or operators of long-term care facilities.
   13         In order to further protect residents from abuse, neglect
   14  and exploitation, the Nursing Home and Assisted Living Facility
   15  Residents’ Bill of Rights is hereby established. —
   16         (a) In addition to any other rights provided by state and
   17  federal law, the residents of nursing home facilities and
   18  assisted living facilities are entitled to be treated
   19  courteously, fairly, and with the fullest measure of dignity by
   20  the facilities’ owners, operators, employees, professionals, and
   21  contractors.
   22         (b) The right to be treated courteously, fairly, and with
   23  the fullest measure of dignity includes, but is not limited to:
   24         (1) The right to adequate and appropriate health care and
   25  treatment, including, but not limited to, the right to be
   26  treated without physical or chemical restraints.
   27         (2) The right to be free from mental and physical abuse,
   28  neglect, and financial exploitation.
   29         (3) The right to use technology and communication devices
   30  for the purpose of virtual visitation and electronic monitoring
   31  that does not infringe on other residents’ rights to privacy.
   32         (4) The right to know the identities of all persons or
   33  entities who own, operate, manage or otherwise control the
   34  facilities.
   35         (5) The right to safe living conditions, which shall
   36  include, but not be limited to, written and updated disaster
   37  preparedness plans, readily available alternate power sources,
   38  and protection against unfair discharge or transfer.
   39         (6) The right to self-determination, which shall include,
   40  but not be limited to, the ability to manage one’s money, make
   41  complaints without fear of recrimination, involve family and
   42  friends in care, and participate in activities.
   43         (7) The right to access courts and a jury system that
   44  allows for a speedy trial and relief and remedies, for loss,
   45  injury, and damages caused to residents by the abuse,
   46  negligence, neglect, exploitation, or violation of residents’
   47  rights by the owners, operators, employees, professionals,
   48  contractors and others who care for residents at such
   49  facilities. Any resident who has been abused, neglected, or
   50  exploited has a civil cause of action against any perpetrator
   51  and may recover actual and punitive damages for such abuse,
   52  neglect, or exploitation.
   53          (8) The right to be cared for in facilities that have
   54  financial resources or liability insurance sufficient to ensure
   55  that residents are justly compensated for any loss, injury, and
   56  damage they suffer because of abuse, negligence, neglect,
   57  exploitation, or violations of residents’ rights by owners,
   58  operators, employees, professionals, contractors others who care
   59  for the residents at such facilities.
   60         (b) A nursing home or assisted living facility resident may
   61  not be deprived of any rights provided herein or by general law
   62  on the basis of their admission to or their residence in a
   63  nursing home or assisted living facility. Nursing home and
   64  assisted living facilities, including the owners, operators,
   65  employees, professionals, contractors and others who care for
   66  residents at such facilities, may not solicit, require, or ask
   67  residents to waive the rights provided herein or by other laws.
   68         (c) Any rights granted under this section do not dissolve
   69  upon the death or incapacity of a resident. Upon the death or
   70  incapacity of a resident, such resident’s guardians, heirs,
   71  estate, or legal representatives, are entitled to any of the
   72  rights granted under this section and to enforcement of those
   73  rights as may be provided by general law.
   74  
   75  ================= T I T L E  A M E N D M E N T ================
   76  And the title is amended as follows:
   77         Delete everything before the enacting clause
   78  and insert:
   79                        A proposal to create                       
   80         A new section of Article I of the State Constitution
   81         to establish certain rights for residents of nursing
   82         home facilities and assisted living facilities.