CRC - 2017 COMMITTEE AMENDMENT Proposal No. P 88 Ì234562'Î234562 LEGISLATIVE ACTION Senate . House Comm: FAV . 01/19/2018 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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.