MINUTES
SENATE INTERIM COMMITTEE ON HOME HEALTH
AND ASSISTED LIVING FACILITIES
Tuesday, December 2, 1997
9:30 am
Capitol Extension, Room E1.036
*****
Pursuant to a notice posted in accordance with Senate Rule
11.11, a public hearing of the Senate Interim Committee on
Home Health and Assisted Living Facilities was held on
Tuesday, December 2, 1997 in the Capitol Extension, Room
E1.036, at Austin, Texas.
*****
MEMBERS PRESENT: MEMBERS ABSENT:
Senator Mike Moncrief Senator Mario
Gallegos, Jr.
Senator Gonzalo Barrientos Senator Drew Nixon
Senator Jane Nelson
*****
The Chair called the meeting to order at 9:35 am. Senator
Nelson was also present at the opening of the meeting.
The Chair made opening remarks, welcomed invited speakers,
state agency staff and the public. The Chair announced that
the purpose of the hearing was to receive public testimony
from providers, advocates and families and their
recommendations and directions for the Committee.
The Chair called Michael Crowe, Committee Director, to brief
Committee Members on the status of the lawsuit filed in
Galveston County by home health providers alleging racial
discrimination against several parties, including the state
and to respond to questions from the Committee Members.
Michael Crowe also briefed the Committee Members on the recent
changes in federal law that impact home health. The Chair
thanked and dismissed the witness.
The following members arrived after the roll was called:
Senator Gonzalo Barrientos
There being a quorum present, Senator Nelson moved that the
reading of the minutes of the last hearing be dispensed with
and approved by unanimous consent. There being no objection,
the minutes were approved.
The Chair then called a panel to testify about the Committee's
charges regarding the State's
Regulatory Framework for Home Health Care and Rehabilitation
Services Industries. The panel members were:
Anita Bradberry, Executive Director, Texas Association
for Home Care. Inc.
Mark Gentle, Attorney, American Association of Retired
Persons
Jonas Schwartz, Representative, Disability Policy
Consortium
The following persons were called by the Chair to respond to
questions from Committee Members about home health care in
Texas:
Ron P. Mansolo, Associate Commissioner, Texas Department
of Health
Heather Vasek, Texas Association for Home Care
Dr. William R. Archer, Commissioner, Texas Department of
Health
Nance Stearman, Director of Health Facility Compliance
Division, Texas Department of
Health
Julia Beechinor, Texas Department of Health
The panel testified and responded to questions from Members of
the Committee. The Chair thanked and dismissed the panel.
The Chair then called a panel to testify about the State's
Regulatory Framework for Personal Care
Homes and Assisted Living Facilities. The panel members were:
Diana Deaton, Executive Director, Texas Assisted Living
Association
Wilhelmina Gladden, Chair, State Legislative Committee,
American Association of Retired
Persons
Aaryce Hayes, Representative, Disability Policy
Consortium
C. W. Mathews, Executive Director, Texas Organization of
Residential Care Homes
The following persons were called by the Chair to respond to
questions from Committee Members
about personal care homes and assisted living facilities:
Marc Gold, Manager, Long Term Care Policy, Texas
Department of Human Services
Jim Lehrman, Texas Department of Human Services
The Chair recessed at 12:00 Noon.
The Chair reconvened the hearing at 12:48 P. M. and recalled
the panel to discuss the Committee charges regarding the
State's Regulatory Framework for Personal Care Homes and
Assisted Living Facilities.
The Chair called the following persons to respond to questions
from Committee Members
about personal care homes and assisted living facilities:
Jim Boyce, Technical Planner, Architectural Barriers,
Texas Department of Licensing and Regulation
Rachelle Martin, Director, Code Review and Inspections,
Texas Department of Licensing
and Regulation
The panel testified and responded to questions from Members of
the Committee. The Chair thanked and dismissed the panel.
The Chair introduced and welcomed Representative Elliott
Naishtat as a guest from District 49,
Austin, Texas.
The Chair then called for public testimony. The following
persons provided oral testimony:
Ms. Johnnie Benson, Colonial Southwest Inc., Fort Worth,
Texas
Beth Knox, Long Term Care Administration Program,
Southwest Texas State University, San
Marcos, Texas
Sheree Gipson Jarrell, Texas Occupational Therapy
Association, Malakoff, Texas
Gary L. Bledsoe, Attorney, Black Owned Home Health
Agencies, Austin, Texas
Mary Veazie, Affiliated Professional Home Health Care,
Houston, Texas
Marian Upchurch, Long Term Care Administration Program,
Southwest Texas State
University, San Marcos, Texas
Darlene Daugherty, Gateway Villa and Texas Health Care
Association, Marble Falls,
Texas
Marie B. Wisdom, Advocates for Nursing Home Reform,
Austin, Texas
Carrie Hamilton, Affiliated Professional Home Health,
Houston, Texas
Ramon B. Carter, Medica-Rents Company, Fort Worth, Texas
Phil Cates, Medical Resources, Inc., Austin, Texas
Steven A. Wadsworth, Centratex Support Services, Brady,
Texas
Bob Rice, Centratex Support Services, Brady, Texas
Mauro Hernandez, Assisted Living Concepts, Inc., Dallas,
Texas
Dr. D. G. Edwards, Greater Dallas Home Health Alliance,
Duncanville, Texas
Ja'Net A. Nash-Dotson, Dallas Home Health Alliance,
Dallas, Texas
Dr. Lewis Parker, Jr., South Galveston County Pachyderm
Club, Texas City, Texas
Lauralee Harris, Texas Mental Health and Aging Coalition,
Fort Worth, Texas
Laura K. Brown, Coalition of Texans with Disabilities
Task Force, Austin, Texas
Jacqueline Johnson, Assistant Commissioner, Long Term
Care Services, Texas Department Human Services,
Austin, Texas
Dr. Jennifer M. Cernoch, Texas Respite Resource Network,
San Antonio, Texas
Belinda Carlton, Coalition of Texans with Disabilities,
Austin, Texas
David Wittie, American Disabled for Attendant Programs
Today, Austin, Texas
Rona Schnall, American Disabled for Attendant Programs
Today, Austin, Texas
Mario A. Espinosa, Vital Health Care, Inc., Edinburg,
Texas
Daniel Szeremet, Vital Health Care, Inc., Edinburg, Texas
The following persons registered, but did not testify:
Inez Williams, Maximum Care Home Health Agency, Inc.,
Dallas, Texas
Deborah Lollar, Nursefinders and Home Health Services and
Staffing Association,
Arlington, Texas
Olga Swan, EK'SELENCE, Garland, Texas
Sharon E. Thompson, Texas Health and Human Services
Commission, Austin, Texas
The following persons submitted written materials:
Ellen Evans, Home Health Services and Staffing
Association, Alexandria, Virginia
Elaine Nail, Lubbock, Texas
The Honorable Senfronia Thompson, Texas House of
Representatives, Austin, Texas
There being no further business, at 6:16 P. M., Senator
Moncrief recessed the Committee
subject to the call of the Chair. Without objection, it was
so ordered.
______________________
Senator Mike Moncrief, Chair
______________________
Judy Daugherty, Clerk