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.