HF 18 Summary

• Establishes comprehensive SARS-CoV-2 infection control and severe acute respiratory syndrome response plans for nursing homes, boarding care homes, and assisted living facilities, including baseline/serial testing, PPE use, resident isolation procedures, and visitation protocols.

• Creates private enforcement rights allowing residents or representatives to bring civil actions against nursing homes and assisted living facilities for violations of health care bill of rights, with damages of at least $3,000 plus attorney fees.

• Modifies electronic monitoring consent requirements by removing the need for written medical determinations and allowing facility placement of devices during isolation if the resident/representative delivers the device with setup instructions.

• Prohibits termination of assisted living services during COVID-19 peacetime emergency and establishes procedures for resident transfers for cohorting purposes, with requirements for written notices, coordinated moves, and relocation evaluations.

• Establishes Long-Term Care COVID-19 Task Force to study balancing resident rights with infection control, requires commissioner of health to create a state plan for SARS-CoV-2 control in long-term care settings, and appropriates funds for COVID-19 testing programs and Board of Executives operations.