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Bill

SB 5665

Allowing courts to order appropriate hospital discharge and transition to long-term care services or residence for an individual in a hospital during the pendency of a guardianship process.

2023-2024 Regular Session Introduced by Keith Wagoner

Authorize courts to order hospital discharge and transition to long-term care during pending guardianship cases to reduce unnecessary acute care costs.

By resolution, reintroduced and retained in present status.
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Bill Summary · SB 5665

Legislative bill overview

SB 5665 would authorize courts to order hospital discharge and transition to long-term care or residential facilities for individuals currently hospitalized while their guardianship cases are pending. This addresses situations where individuals remain in acute care hospital settings during the potentially lengthy guardianship adjudication process, rather than moving to more appropriate lower-cost care settings.

Why is this important

Hospital stays are substantially more expensive than long-term care facilities or residential placements, creating significant costs for patients, families, and healthcare systems. Currently, courts may lack explicit authority to order such transitions during the guardianship pendency period, potentially trapping individuals in inappropriate and costly settings while legal processes unfold over months or years.

Potential points of contention

  • Due process concerns: Opponents may argue that ordering discharge and placement before guardianship is finalized could violate individual rights or occur without adequate legal protections for the hospitalized person
  • Placement quality and availability: Questions about whether adequate long-term care beds and residential options exist, and whether courts have sufficient information to ensure placements are genuinely appropriate
  • Cost-shifting: Potential concern that this shifts financial burden from hospitals to long-term care facilities or families, or whether Medicaid/insurance coverage follows the individual appropriately

Compiled from official sources — confirm details with the bill’s official record.

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