MINUTES
SENATE INTERIM COMMITTEE ON HOME HEALTH
AND ASSISTED LIVING FACILITIES
Tuesday, February 17, 1998
9:30 am
University of Texas-M. D. Anderson Cancer Center
Hickey Auditorium
1515 Holcombe Boulevard
Houston, Texas 77030
*****
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, February 17, 1998 in Houston, Texas.
*****
MEMBERS PRESENT: MEMBERS ABSENT:
Senator Mike Moncrief, Chair Senator Drew Nixon
Senator Jane Nelson
Senator Gonzalo Barrientos
Senator Mario Gallegos, Jr.
*****
The Chair called the meeting to order at 9:43 am. The
following business was transacted.
The following members arrived after the roll was called:
Senator Gonzalo Barrientos
Senator Mario Gallegos, Jr.
The Chair introduced and welcomed Senator Jon Lindsay from
District 7 and Representative Scott Hochberg from District
132, Houston, Texas.
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
sort through the process of state and federal policies
relating to fraud, waste and abuse and its impact on home
health care.
The Chair then called Eric M. Bost, Commissioner, Texas
Department of Human Services,
to brief Committee Members on the investigation of a fire at
an unlicensed personal care home in which a death occurred and
to respond to questions from the Committee. The Chair thanked
and dismissed the witness.
The Chair then called a panel to testify about Medicaid
program integrity. The panel members were:
Michael McKinney, M. D., Commissioner, Texas Health and
Human Services Commission
Aurora LeBrun, Associate Commissioner for Operations,
Texas Health and Human Services
Commission
Jackie Johnson, Assistant Deputy Commissioner for Long
Term Care Services, Texas Department of Human
Services
Robin Herskowitz, Texas Performance Review, Texas
Comptroller of Public Accounts
A report was given by Drew Beckley, Electronic Data Systems,
regarding the Texas Medicaid Fraud and Abuse Detection System.
Mr. Beckley responded to questions from the Committee. The
Chair thanked and dismissed the witness.
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 federal
perspectives regarding home health fraud,
waste and abuse. The panel members were:
Judy Brown, Chief of Program Integrity, Health Care
Financing Administration
Nance Stearman, Director, Health Facility Compliance
Division, Texas Department of
Health
Kathy Johnson, Surveyor, Texas Department of Health
At 12:20 p.m. there being a quorum present, Senator Nelson
moved that the reading of the minutes from the last two
hearings, December 2, 1997 and January 27, 1998, be dispensed
with and approved by unanimous consent. There being no
objection, the minutes were approved.
Senator Barrientos introduced and welcomed Dr. Jack Harris, a
former colleague, to the hearing.
The panel testified and responded to questions from Members of
the Committee. The Chair
thanked and dismissed the panel.
The Chair recessed at 12:52 p.m.
The Chair reconvened the hearing at 1:58 p.m. and called a
panel regarding professional licensing
and home health fraud, waste and abuse. The panel members
were:
Julia R. Beechinor, Director, Health Facility Licensing
Division, Texas Department of Health
Katherine Thomas, M.N., R.N., Executive Director, Board
of Nurse Examiners for the State
of Texas
Anthony Diggs, Board of Nurse Examiners
Kathleen Davies, Supervising Investigator, Board of
Vocational Nurse Examiners
Bruce Levy, M. D., Executive Director, Texas State Board
of Medical Examiners
The following persons were called by the Chair to respond to
questions from Committee Members
about licensing and enforcement activities for the Texas
Department of Health:
Derek J. Jakovich, Texas Department of Health
Ron Mansolo, Associate Commissioner for Health Care,
Quality and Standards, Texas
Department of Health
Denise Donnelly, Office of the Attorney General, State of
Texas
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 provider
perspectives regarding home health fraud, waste and abuse.
The panel members were:
Anita Bradberry, Executive Director, Texas Association of
Home Care
Paul Handel, M.D., President-Elect of the Harris County
Medical Society, Representative of
the Texas Medical Association
Janet Moll, R.N., Texas Nurses Association
Bobbe Graham, L.V.N., Licensed Vocational Nurses
Association of Texas
Florence D. Taylor, L.V.N., President, Licensed
Vocational Nurses Association of Texas
The panel testified and responded to questions from Members of
the Committee. The Chair thanked and dismissed the panel.
At 5:17 p.m., Senator Moncrief announced that the Committee
would stand recessed until 9:30 a.m.,
Wednesday, February 18, 1998. Without objection, it was so
ordered.
______________________
Senator Mike Moncrief, Chair
______________________
Judy Daugherty, Clerk