MINUTES
SENATE COMMITTEE ON HEALTH & HUMAN SERVICES
Wednesday, March 5, 1997
8 a.m.
Senate Chamber
*****
Pursuant to a notice posted in accordance with Senate Rule
11.11, a public hearing of the Texas Senate Committee on
Health and Human Services was held on Wednesday, March 5,
1997, in the Senate Chamber at Austin, Texas.
*****
MEMBERS PRESENT: MEMBERS ABSENT:
Senator Judith Zaffirini, Chair None
Senator Jane Nelson, Vice Chair
Senator John Carona
Senator Mario Gallegos Jr.
Senator Michael Galloway
Senator Chris Harris
Senator Frank Madla
Senator Mike Moncrief
Senator Drew Nixon
Senator Jerry Patterson
Senator Royce West
*****
The chair called the meeting to order at 8 a.m. There
being a quorum present, the following business was
transacted.
The chair laid out the February 26, 1997, minutes and
called for revisions. There being none, Senator Nelson
moved their approval. There being no objection, the motion
prevailed by unanimous consent.
The chair laid out SB 262 by Sibley, relating to employment
in a nursing home or other facility serving elderly or
disabled, and recognized the author to explain the bill.
The following persons provided oral testimony in support of
SB 262:
Kraig Turpen, administrator, Living Centers of
America/Texas Health Care Association, Lake Shore
Village Health Care Center, Waco, Texas 76708.
Gay Nell Harper, American Association of Retired
Persons, 4033 Congressional, Corpus Christi, Texas
78413.
The following persons registered in support of SB 262, but
did not testify:
Beth Ferris, Texas Advocates for Nursing Home
Residents, 500 E. Anderson Lane
#234 W., Austin, Texas 78752.
Glenda Smelser, board of directors, Texas Advocates
for Nursing Home
Residents, 2234 Bishop Dr., Grand Prairie, Texas
75050.
Nan Clayton, American Association of Retired Persons,
2909 Oak Lane, Austin, Texas 78704.
Lindsay Thorpe, director, Government Relations,
Chartwell Group of Health Care Companies, 16910 Dallas
Parkway #200, Dallas, Texas 75248.
Barrett Markland, legislative coordinator, Advocacy,
Inc., 7800 Shoal Creek #171E, Austin, Texas 78157.
Melody B. Chatelle, vice president, Government
Relations, Living Centers of America/ Texas Health
Care Association, 4315 Guadalupe #300, Austin, Texas
78751.
John W. Holtermann, Texas Silver Haired Legislature,
459 Lindsey St., San Marcos, Texas 78666.
Ken C. Kramer, member, Capital City Task Force,
American Association of Retired Persons, 11316
Jollyville #172, Austin, Texas 78759.
There being no other witnesses registered or responding to
the chair's call for public testimony related to SB 262,
the chair closed public testimony.
Senator Moncrief moved that SB 262 be reported to the
Senate with the recommendation that it do pass and be
printed. The motion prevailed by a vote of 11 "ayes" and 0
"nays."
Senator Harris moved that SB 262 be certified for the
local and uncontested calendar. There being objection by
Senator West, the motion failed.
The chair laid out SCR 14 by Moncrief, directing the Texas
Health and Human Services Commission to develop a plan to
coordinate long-term services delivery and administration,
and recognized the author to explain the resolution.
Senator Moncrief sent up committee amendment 1 and moved
its adoption. There being no objection, the motion
prevailed by unanimous consent.
The following person provided oral testimony on SCR 14:
Dr. Mike McKinney, commissioner, Texas Health and
Human Services Commission, 4900 W. Lamar, Austin,
Texas 78751.
The following persons registered in support of SCR 14, but
did not testify:
Nan Clayton, American Association of Retired Persons,
2909 Oak Lane, Austin, Texas 78704.
Lisa McGiffert, senior policy analyst, Consumers
Union, 1300 Guadalupe, Suite 100, Austin, Texas 78701.
Mary Jo Magruder, advocacy director, Texas Planning
Council for Developmental Disabilities, 4900 N. Lamar,
Austin, Texas 78751.
Barrett Markland, legislative coordinator, Advocacy,
Inc., 7800 Shoal Creek, #171E, Austin, Texas 78757.
Heather Vasek, research and policy analyst, Texas
Association for Home Care, 3737 Executive Center Dr.
#151, Austin, Texas 78731.
Ken C. Kramer, member, Capital City Task Force,
American Association of Retired Persons, 11316
Jollyville, #172, Austin, Texas 78759.
There being no other witnesses registered or responding to
the chair's call for public testimony related to SCR 14,
the chair closed public testimony.
Senator Moncrief moved that SCR 14 be reported to the
Senate with the recommendation that it do pass and be
printed. The motion prevailed by a vote of 11 "ayes" and 0
"nays."
The chair laid out SCR 28 by Moncrief, relating to
investigations of abuse in psychiatric facilities operated
by The University of Texas system, and recognized the
author to explain the resolution.
The following persons provided oral testimony on SCR 28:
Dr. James F. Arens, vice-president, Client Affairs,
The University of Texas Medical Branch at Galveston,
22 S. Shore Dr., Galveston, Texas 77551.
David Small, administrator, The University of Texas at
Houston, Harris County Psychiatric Center, 2800 South
MacGregor Way, Houston, Texas 77021.
Dr. James Guckian, executive associate, Health Policy
Planning, The University of Texas System, 601
Colorado, Austin, Texas 78701.
Nance Stearman, director, Health Facility Compliance
Division, Texas Department of Health, 1100 W. 49th
St., Austin, Texas 78756.
The following persons registered in support of SCR 28, but
did not testify:
Nan Clayton, American Association of Retired Persons,
2909 Oak Lane, Austin, Texas 78704.
Ken C. Kramer, member, Capital City Task Force,
American Association of Retired Persons, 11316
Jollyville #172, Austin, Texas 78759.
Barrett Markland, legislative coordinator, Advocacy,
Inc., 7800 Shoal Creek, #171E, Austin, Texas 78757.
There being no other witnesses registered or responding to
the chair's call for public testimony related to SCR 28,
the chair closed public testimony.
Senator Moncrief moved that SCR 28 be reported to the
Senate with the recommendation that it do pass and be
printed. The motion prevailed by a vote of 11 "ayes" and 0
"nays."
Senator Moncrief moved that SCR 28 be certified for the
local and uncontested calendar. There being no objection,
the motion prevailed by unanimous consent.
At 8:40 a.m. Senator Nelson assumed presiding duties.
The chair laid out SB 61 by Zaffirini, relating to the
penalty for failure to report abuse of persons who are
elderly or disabled, and recognized the author to explain
the bill.
The following person provided oral testimony on SB 61:
Howard Baldwin, deputy director, Department of
Protective and Regulatory Services,
701 W. 51st St., Austin, Texas 78751.
The following persons registered in support of SB 61, but
did not testify:
Beth Ferris, vice president, Texas Advocates for
Nursing Home Residents, 500 E. Anderson Lane, 234 W.,
Austin, Texas 78752.
Glenda Smelser, board of directors, Texas Advocates
for Nursing Home Residents, 2234 Bishop Dr., Grand
Prairie, Texas 75050.
Nan Clayton, American Association of Retired Persons,
2909 Oak Lane, Austin, Texas 78704.
Ken C. Kramer, member, Capital City Task Force,
American Association of Retired Persons, 11316
Jollyville, # 172, Austin, Texas 78759.
Barrett Markland, legislative coordinator, Advocacy,
Inc., 7800 Shoal Creek # 171 E., Austin, Texas 78757.
There being no other witnesses registered or
responding to the chair's call for public testimony
related to SB 61, the chair closed public testimony.
Senator Zaffirini moved that SB 61 be reported to the
Senate with the recommendation that it do
pass and be printed. The motion prevailed by a vote
of 11 "ayes" and 0 "nays."
Senator Zaffirini moved that SB 61 be certified for
the local and uncontested calendar. There being no
objection, the motion prevailed by unanimous consent.
The chair laid out anew the committee substitute for
SB 172 by Zaffirini, relating to coverage for
childhood immunizations under certain health benefit
plans, which had been left pending, and recognized the
author.
The following person provided oral testimony on the
committee substitute for SB 172:
Michael Pollard, executive director, Texas Life
Insurance Association, 720 Brazos #202, Austin, Texas
78701.
The following person registered in support of the committee
substitute for SB 172, but did not testify:
Diane Moellenberg, insurance director, Texas
Department of Insurance, 333 Guadalupe, Austin, Texas
78701-3942.
There being no other witnesses registered or responding to
the chair's call for public testimony related to the
committee substitute for SB 172, the chair closed public
testimony.
Senator Zaffirini moved that the committee substitute for
SB 172 be adopted. There being no objection, the motion
prevailed by unanimous consent.
Senator Zaffirini moved that SB 172 be reported to the
Senate with the recommendation that it do not pass, but
that the committee substitute adopted in lieu thereof do
pass and be printed. The motion prevailed by a vote of 11
"ayes" and 0 "nays."
The chair laid out SB 190 by Zaffirini and Moncrief,
relating to the regulation of nursing homes and similar
facilities, and recognized Senator Zaffirini to explain the
bill.
The following persons provided oral testimony in support of
SB 190:
David Latimer, vice-president, Government Affairs,
Texas Association of Homes and Services For the Aging,
2205 Hancock, Austin, Texas 78756.
Laura Cisneros Quin, 506 A. W. 14th, Austin, Texas
78701.
Petra Jimenez, 600 Lakeway Dr., Arlington, Texas
76018.
Greg Hooser, Texas Diabetic Association, 901 Congress,
Austin, Texas 78701.
Beth Ferris, vice-president, Texas Advocates for
Nursing Home Residents, 500 E. Anderson Lane, #234 W.,
Austin, Texas 78752.
Wilhelmina Gladden, chair, State Legislative Committee
of the American Association of Retired Persons,
1933 Loma Linda Ct., Fort Worth, Texas 76112.
Cathy Greene, American Association of Retired Persons,
12221 Forsythe, Austin, Texas 78759.
F.P. Cleveland, resident's family member, Autumn Winds
Retirement Center, 3346 Morning Brook, San Antonio,
Texas 78247.
Irene Alves, 1020 E. Mountain, Seguin, Texas 78155.
Annette Saletnik, assistant administrator, HEB Nursing
Care Center, 2716 Tibbets Dr., Bedford, Texas 76021.
Betty Cloud, resident, Autumn Winds Retirement Lodge,
P.O. Box Drawer A, Schertz, Texas 78154.
Jim Hooser, 4017 Dominian Cove, Austin, Texas 78759.
At 10:05 a.m. Senator Moncrief assumed presiding duties.
At 10:45 a.m. Senator Zaffirini resumed presiding duties
and explained that the committee would continue to hear
public testimony regarding SB 190, but would leave it
pending at the author's request.
At 10:55 a.m. Senator Nelson resumed presiding duties.
By unanimous consent, upon a motion by Senator Moncrief,
the chair recessed the Texas Senate Committee on Health and
Human Services at 11 a.m. until 1:30 p.m.
The chair reconvened the Texas Senate Committee on Health
and Human Services at 1:30 p.m.
The chair laid out anew SB 190 by Zaffirini and Moncrief,
relating to the regulation of nursing homes and similar
facilities, which had been left pending.
The following persons provided oral testimony in opposition
to SB 190: *
________________________
* N.B. On March 6, 1997, 10 witnesses who registered in
opposition to SB 190 requested to change their
position to testifying "on" the bill. The chair ruled
that the request could be considered by the committee
after a new committee substitute was laid out.
Lindsay Thorpe, director, Government Relations, Chartwell
Group of Health Care Companies, 16910 Dallas Parkway,
#200, Dallas, Texas 75248.
Becky Heston, administrator, College Street Nursing
Home, 4150 College Street, Beaumont, Texas 77707.
Lesa Ashworth, social worker, Texas Health Care
Association/Residents of Silver Leaves, 505 W.
Centerville Rd., Garland Texas 75041.
Bonney Whitcomb, activity director, Chartwell Health
Care, Silver Leaves, 2507 Centerville Rd., Dallas,
Texas 75228.
Alicia H. Nieto, nursing home administrator, Texas
Health Care Association, 317 Montwood, Seguin, Texas
78155.
Ricky Gonzalez, administrator, Retama Manor - Laredo
South, 1100 Galveston, Laredo, Texas 78040.
Don King, president, Sensitive Care Nursing Centers,
1331 Airport Freeway, Suite 306, Euless, Texas 76040.
Darlene Evans, owner/administrator, Sterling Care/ DBA
Autumn Winds Retirement Lodge, 3301 FM 3009, Schertz,
Texas 78154.
Frances Cady, senior administrator, El Paso
Convalescent Center, 11525 Vista Del Sol, El Paso,
Texas 79912.
Melody B. Chatelle, vice-president, Government
Relations, Living Centers of America/Texas Health Care
Association, 4315 Guadalupe #300, Austin, Texas 78751.
The following persons provided oral testimony on SB 190:
George Noelke, division chief, Office of the Attorney
General, Box 12548, Austin, Texas 78711.
David Talbot, assistant deputy chief, Office of the
Attorney General, P.O. Box 12548, Austin, Texas 78711.
Terry Trimble, interim commissioner, Texas Department
of Human Services, 701 W. 51st, Austin, Texas 78723.
John F. Willis, state ombudsman, Texas Department on
Aging, P.O. Box 12786, Austin, Texas 78711.
Tony Venza, deputy commissioner, office of programs,
Department of Human Services, P.O. Box 149030, Austin,
Texas 78714.
J.B. McReynolds, Texas Department of Human Services,
701 W. 51st St. Austin, Texas 78751.
The following persons provided oral and written testimony
in support of SB 190:
Libby Edwards James, Texas Advocates for Nursing Home
Residents, 1400 Frost Bank Plaza, P.O. Box 480, Corpus
Christi, Texas 78403.
Gay Nell Harper, American Association of Retired
Persons, 4033 Congressional, Corpus Christi, Texas
78413.
James Mark Gentle, American Association of Retired
Persons, 2006 Arthur Lane, Austin, Texas 78704.
Elaine Brooks, American Association of Retired
Persons, 410 Antares, Corpus Christi, Texas 78418.
Marilyn T. Weir, 13704 Pecan Hollow, Leander, Texas
78641.
Marilyn Pattillo, Texas Nurses Association, 1700
Jackson Hole Cove, Austin, Texas 78746.
Marie B. Wisdom, president, Advocates For Nursing Home
Reform, 16908 S. Ridge Lane, Austin, Texas 78734.
The following person provided oral and written testimony in
opposition to SB 190:
Tom Suehs, executive director, Texas Health Care
Association, 4214 Medical Parkway, Austin, Texas
78765.
The following persons registered in support of SB 190, but
did not testify:
Mike Lehr, executive director, Texas Retired Teachers
Association, 406 E. 11th Street, Suite 201, Austin,
Texas 78701.
Richard C. Ladd, volunteer, American Association of
Retired Persons, 3705 John Simpson Trail, Austin,
Texas 78732.
John W. Holtermann, chairman, Texas Silver Haired
Legislature, 459 Lindsey St., San Marcos, Texas 78666.
Nan Clayton, American Association of Retired Persons,
2909 Oak Lane, Austin, Texas 78704.
Barrett Markland, legislative coordinator, Advocacy,
Inc., 7800 Shoal Creek #171 E, Austin, Texas 78757.
Doris Ann Robertson, American Association of Retired
Persons, 12114 Galva Drive, Dallas, Texas 75243-3704.
Jesus P. Laurel, president, American Association of
Retired Persons, 2220 Plum St., Laredo, Texas
78043.
Veta L. Winick, state legislative council, American
Association of Retired Persons, Rt. 2 Box 730,
Dickinson, Texas 77539.
Rafael B. Garcia, American Association of Retired
Persons, 2601 E. Plum St., Laredo, Texas 78043.
Lisa McGiffert, senior policy analyst, Consumers
Union, 1300 Guadalupe, Suite 100, Austin, Texas 78701.
Ken C. Kramer, member, Capital City Task
Force/American Association of Retired Persons, 11316
Jollyville #172, Austin, Texas 78759.
Gerald Peter Irwin, state coordinator, American
Association of Retired Persons, 3422 Hopecrest St.,
San Antonio, Texas 78230-3906.
Jim A.H. Hooser, 4017 Dominion Cove, Austin, Texas
78759.
Glenda Smelser, board of directors, Texas Advocates
for Nursing Home Residents, 2234 Bishop Dr., Grand
Prairie, Texas 75050.
Mary Patricia Smith, 9511 Scenic Bluff Drive, Austin,
Texas 78733.
Candice Carter, state legislative representative,
American Association of Retired Persons, 98 San
Jacinto Blvd. Suite 750, Austin, Texas 78701.
James F. Fitzpatrick, Capital City Task Force/American
Association of Retired Persons, 3100 Foxfire Dr.,
Austin, Texas 78746-7856.
Virginia N. Fitzpatrick, American Association of
Retired Persons, 3100 Foxfire Dr., Austin, Texas
78746-7856.
Donna Moore, 4104 Galacia Dr., Austin, Texas
78759-5037.
Helen A. Sweet, P.O. Box 681, Somerville, Texas 77879.
Ruth Lauter, Rt. 1 Box 698, Washington, Texas 77880.
Dalbert Galloway, 7 N. Pathfinders, Woodland, Texas
77381.
Arliss S. Krieger, 401 N. Bailey Ave., Ft. Worth,
Texas 76107.
Eurma M. Masters, P.O. Box 325, Moscow, Texas 75960.
Robbie D. Sweet, P.O. Box 681, Somerville, Texas
77879.
Carmen Ruvio, 17664 Hunters Trail, Conroe, Texas
77306.
Alan M. Hardy, 8120 Cardin Dr., Austin, Texas 78759.
Kathy Feagin, 603 Elm, Navasota, Texas 77868.
Jerry T. Walker, P.O. Box 149030 MCY-976, Austin,
Texas 78714-9030.
Gilbert H. Lacker, P.O. Box 698, Washington, Texas
77880-0698.
There being no other witnesses registered or responding to
the chair's call for public testimony related to SB 190,
the chair closed public testimony.
The chair left SB 190 pending at the authors' request.
With no other business to come before the committee, the
chair recessed the committee at 3 p.m., subject to the call
of the chair.
_______________________________
Senator Judith Zaffirini, Chair
______________________________