HB5012 Summary

• Adds protections for residents in assisted living and nursing facilities against involuntary termination or discharge, including requirements for 30-day notice, hearing rights, and Department intervention before readmission can be denied

• Establishes $1,250 daily fines beginning on the third day after a Department readmission order if facilities fail to comply, with Type A/Type 1 violation designations for unlawful transfers or discharges

• Requires facilities to notify residents when their condition changes in ways affecting the facility's ability to meet their needs and prohibits emergency discharge if physician states returning would be safe or if staffing/care changes could resolve the emergency

• Expands resident rights to include right not to be unlawfully transferred or discharged, right to retain residency during hospital stays of 10 days or less, and right not to be charged for periods of unlawful denial of residency

• Requires Department to adopt rules addressing conflicts of interest for persons conducting transfer, discharge, and readmission hearings, and mandates attending physicians conduct in-person assessments before nonemergency transfers or discharges