Sec. 19a-535d. Effect on legal rights. Nursing home facility liability. Insurer and healthcare provider responsibility. Discharge or transfer. Caregiver compensation.

(a) Nothing in this section or section 19a-535c shall be construed to create a private right of action against a nursing home facility, a nursing home facility employee, or any consultants or contractors with whom a nursing home facility has a contractual relationship.

(b) A nursing home facility, a nursing home facility employee or any consultants or contractors with whom a nursing home facility has a contractual relationship shall not be held liable, in any way, for the services rendered or not rendered by the caregiver to the resident at the resident's home.

(c) Nothing in this section or section 19a-535c shall be construed to obviate the obligation of an insurance company, health service corporation, hospital service corporation, medical service corporation, health care center, as defined in section 38a-175, or any other entity issuing health benefits plans to provide coverage required under a health benefits plan.

(d) (1) An individual designated as caregiver pursuant to subsection (c) of section 19a-535c shall not be reimbursed by any government or commercial payer for post-discharge assistance that is provided pursuant to section 19a-535c.

(2) Nothing in this section or section 19a-535c shall be construed to impact, impede or otherwise disrupt or reduce the reimbursement obligations of an insurance company, health service corporation, hospital service corporation, medical service corporation, health care center, as defined in section 38a-175, or any other entity issuing health benefits plans.

(3) Nothing in this section or section 19a-535c shall delay the discharge of a resident or the transfer of a resident from a nursing home facility to another facility.

(4) Nothing in this section or section 19a-535c shall affect, nor take precedence over, any advance directive, conservatorship or other proxy health care rights as may be delegated by the patient or applicable by law.

(P.A. 16-59, S. 2.)