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SB 1299

FACILITY-TRANSFER & DISCHARGE

104th Regular Session Introduced by Kimberly Lightford and 3 co-sponsors

SB 1299 strengthens resident protections by barring unlawful involuntary transfers/discharges, requires proper notice and documentation, and enforces a $2,500 readmission fine.

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Bill Summary · SB 1299

Bill Summary — SB 1299 (Facility Transfer & Discharge)

Note: The provided document contains text from multiple bills and jurisdictions (including Arizona, Hawaii and Illinois). This summary focuses on the portions of SB 1299 titled “Facility‑Transfer & Discharge” — the changes to the Assisted Living and Shared Housing Act and the Nursing Home Care Act that concern resident transfers and discharges (the provisions described in the bill synopsis and amendment text).

Main purpose and intent

To strengthen resident protections against unlawful or inappropriate transfers and discharges from assisted living establishments and nursing homes, to clarify permissible grounds and procedural requirements for involuntary transfers/discharges, and to create enforcement remedies (including fines and readmission requirements) when a facility unlawfully discharges a resident.

Key provisions and changes

  • Resident notice and service‑plan changes

    • Establishments must notify the resident and the resident’s representative when there is a significant change in the resident’s condition that affects the facility’s ability to meet the resident’s needs.
    • Service plans and admission assessments are revised to reflect the resident’s needs and the facility’s obligations.

  • Restrictions on reducing or terminating services

    • Prohibits an establishment from terminating or reducing services without the consent of the resident or the resident’s representative when the reduction is intended to make it difficult or impossible for the resident to remain in the facility.

  • Involuntary termination (transfer/discharge) rules

    • Adds requirements for both facilities and the Department of Public Health concerning involuntary terminations.
    • Facilities may involuntarily transfer or discharge a resident if the facility is unable to meet the resident’s medical needs, provided this inability is documented in the resident’s clinical record by the resident’s physician.
    • The Department maintains jurisdiction over transfer/discharge decisions regardless of timing of notice and discharge.
    • If the Department determines a transfer or discharge is not authorized, it must issue a written decision denying the transfer/discharge.

  • Resident rights and remedies

    • Explicit statement that residents have the right not to be unlawfully transferred or discharged.
    • If a facility fails to comply with a Department order to readmit a resident who wishes to return and is appropriate for that level of care, the facility may be assessed a $2,500 fine.
    • Facilities that comply with a readmission order must notify the Department within 10 business days after readmitting the resident.

  • Effective date

    • The synopsis indicates the provisions are effective immediately (per the bill synopsis language).

Who is affected

  • Residents of assisted living establishments, shared housing establishments, and nursing homes (including their representatives and families).
  • Facility operators and owners — new notice, documentation, and procedural obligations; potential fines for noncompliance.
  • The Department of Public Health — expanded review/decision authority and enforcement responsibilities.
  • Physicians and licensed clinical staff — required to document medical inability to provide needed care when facilities seek involuntary transfer/discharge.

Procedural and timeline status (selected)

  • Multiple committee hearings and amendments occurred (public hearings, committee reports, and amendment filings are recorded).
  • The document lists numerous legislative actions (committee referrals, readings, and calendar placements).
  • The header you provided indicates status: “Rule 3‑9(a) / Re‑referred to Assignments” (this reflects a procedural step in the chamber where the bill is pending).

If you want, I can:
- Produce a concise one‑page explainer for residents/families summarizing their rights under the bill; or
- Track the current, authoritative status for the specific jurisdiction (provide the state name and I will check the most relevant legislative website and provide an updated status).

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

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