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