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House OKs long-term care testing bill; debate centers on resident rights and potential displacement
Summary
The House approved SB 5,011, giving long-term care facilities and public health broader authority to require and coordinate COVID testing and to act if residents refuse testing; the bill passed 56–19 after extended debate over guardrails to prevent wrongful displacement.
The House passed Senate Bill 5,011 on June 18, a measure aimed at protecting long-term care residents by expanding testing authority and enabling the Department of Health to share aggregate data with decision-makers. Representative Schultz, the floor sponsor, said the bill targets the most vulnerable population and seeks to reduce nursing-home outbreaks that account for a large share of COVID-19 fatalities.
Sponsor remarks emphasized the stakes: "close to 50 percent of the deaths in the state come from residents that are at those long term care facilities," he said, urging tools to detect and manage outbreaks. The bill allows facilities to require testing when medically appropriate and enables public-health authorities to share aggregate information about hospitalizations and positive tests to inform reopening decisions, while stating HIPAA and federal protections remain in force.
Several members asked what would happen if a resident refused testing; the sponsor said a facility could not unilaterally force a test on a resident but could pursue other protocols and, in some cases where risk to others is judged severe, pursue termination or alternative placements consistent with existing state and federal rules. Representative Daley-Provost and others pressed for explicit guardrails and protections to prevent residents from becoming homeless or otherwise improperly displaced; the sponsor said amended language and existing federal discharge rules limit that risk.
Supporters argued the bill is narrowly tailored to increase testing among staff and residents and to protect high-risk populations. Detractors warned about possible civil-liberty implications and urged close monitoring if the provision is used to remove residents from facilities.
SB 5,011 passed the House 56'to—9 and will be returned to the Senate for signature; sponsors said they will continue to work with advocates and facilities to refine implementation ahead of a planned August special session.
