HB 71: Personal Care Admission and Retention

H.B. 71, P.N. 65 (WATSON). This would create the Personal Care Admission and Retention Act.
A personal care home would be prohibited from having a consumer who is dependent on a ventilator, is with decubiti and vascular ulcers III and IV, requires non-intermittent intravenous fluids or vein injections, (an exception to this would be allowed for intermittent intravenous therapy), has an airborne infectious disease in a communicable state requiring isolation, requires psychotropic medications and has not had appropriate diagnosis and a treatment plan, has nasogastric tubes, has gastric tubes (unless the consumer can self-care and self-feed), is an imminent physical threat or danger to anyone, is certified by a physician as inappropriate for such placement., requires more than intermittent nursing care, require sliding scale insulin administration (unless the insulin can be self-administered or administered by a licensed health care professional), or has health care needs that the facility determines cannot be met by the home.
A personal care home resident who develops one of the aforementioned conditions may be temporarily transferred elsewhere but would be permitted to return upon recovery or if supplemental services from an outside health care provider allow return. The home would retain the bed during the temporary absence and would be able to continue charging for the bed as if the resident was still there.
A consumer who is refused admittance or re-admittance to a health care home would have a right to appeal the decision to the Hearings and Appeals Bureau of the Public Welfare Department.
A personal care home that fails to comply with this Act may be fined $150 or less per day of violation.