MINUTES SENATE COMMITTEE ON HOME HEALTH & ASSISTED LIVING FACILITIES(INT) Tuesday, July 28, 1998 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 Committee on Home Health & Assisted Living Facilities(Int) was held on Tuesday, July 28, 1998 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 Jane Nelson Senator Drew Nixon ***** The Chair called the meeting to order at 9:40 am. There being a quorum present, the following business was transacted. The following members arrived after the roll was called: none. The Chair introduced and welcomed Representative Elliott Naishtat from District 49, Travis County, Austin, Texas. The Chair made opening remarks, welcomed the public and state agency staff. The Chair announced that this was the final hearing to adopt the Committee's recommendations for the 76th Legislature. There being a quorum present, Senator Jane Nelson moved that the reading of the minutes from the last hearing in Tyler on May 12, 1998 be dispensed with and approved by unanimous consent. There being no objection, the minutes were approved. The Chair then called Michael Crowe, Committee Director, to discuss staff recommendations and to respond to questions from the Committee Members. The members discussed Committee staff's recommendations common to both assisted living and home health. Senator Gonzalo Barrientos moved that the following recommendations common to both assisted living and home health be adopted by the Committee: Restate the general goals of the state for regulation; that is, to promote quality of care and quality of life for Texans. This would be similar to the opening clause in SB 190. Designate a state agency to deliver long-term care services and develop long-term care policy in Texas. The Texas Health and Human Services Commission, the Texas Department of Protective and Regulatory Services, the Texas Department of Human Services, the Texas Department of Health and other state agencies as appropriate should develop a strategic plan for the creation of a single state intake system for all complaints involving abuse, neglect and exploitation and a strategic plan for the creation of a state registry to track health care workers found to have abused or neglected clients that also protects the due process rights of individuals. The Texas Workforce Commission, the Texas Department of Human Services, the Texas Rehabilitation Commission, the Texas Commission for the Blind, the Texas Commission for the Deaf and Hard of Hearing and the Texas Higher Education Coordinating Board should review and develop recommendations for the improvement of programs for training opportunities for personal attendants. Require that state agencies register complaints involving abuse, neglect and exploitation with the Texas Department of Protective and Regulatory Services, and that PRS register complaints with appropriate licensing and contracting state agencies. Allow licensing and contracting state agencies access to DHS and PRS investigative reports. Codify that retaliation by a provider against any person for reporting a complaint is grounds for license revocation. Termination for cause with documentation should not be considered retaliation. Expand the definition of "controlling person" in SB 190 to apply to and include assisted living facilities and home health agencies. Require health and human services agencies and the Texas Department of Housing and Community Affairs to investigate models linking home and community support services with low income housing options, including the identification of funding sources for services, buildings and architectural upgrades. The motion carried with a vote of 4 ayes, 0 nays and 1 absent. The Committee discussed Committee staff's recommendations specific to assisted living. Senator Jane Nelson moved that the Committee adopt the following recommendations specific to assisted living: Require Assisted Living Facilities to use a standard, consumer disclosure form promulgated by the Texas Department of Human Services. Require DHS to identify unlicenced Assisted Living Facilities and enforce licensure. Give the Texas Department of Human Services administrative remedy authority over Assisted Living Facilities. Allow any resident to remain in an Assisted Living Facility if the facility can meet the needs of all the residents either through the facility's services or services contracted for by the resident. Clarify that all health professionals can work within their scope of practice in assisted living facilities. The Texas Department of Human Services should create an additional licensing category for Assisted Living Facilities that provide for the general supervision or oversight of the physical and mental well being of persons who need assistance with medication supervision and to maintain private and independent residences in Assisted Living Facilities. The Texas Department of Licensing and Regulation and the Texas Department of Human Services should form a work group that includes consumer advocates and assisted living developers and providers to address issues regarding the Texas Accessibility Standards. Issues to be addressed should include the development of standard information materials relating to the modification and construction of Assisted Living Facilities, possible consolidation of architectural plan reviews by the two agencies and reviewing bathroom accessibility standards. Allow providers to voluntarily submit building plans to the Texas Department of Human Services, for a fee, for advanced review of compliance with the department's regulations regarding life and safety. Develop time lines for the Texas Department of Human Services to review plans. Specify that the Texas Department of Mental Health and Mental Retardation personnel are allowed to enter Assisted Living Facilities to do outreach to their clients. Specify that the Office of the Attorney General has the authority to pursue civil penalties against licensed and unlicenced Assisted Living Facilities on behalf of the Texas Department of Human Services. Increase the maximum cap on licensing fees. Require surveyors of Assisted Living Facilities to receive special training. Require Assisted Living Providers to disclose that they are licensed by the Texas Department of Human Services. The Texas Department of Human Services should conduct regional training sessions for state agencies and local governments regarding Assisted Living Facility standards. The Texas Department of Human Services should develop a new Community Based Alternatives program reimbursement methodology for assisted living facilities that does not focus on room occupancy. The motion carried with a vote of 4 ayes, 0 nays and 1 absent. The Committee discussed a Committee staff recommendation specific to assisted living. Senator Gonzalo Barrientos moved that the Committee adopt the following recommendation specific to assisted living: Amend the Personal Care Facility Statute (Health and Safety Code chapter 247) to become Texas' Assisted Living Facility statute. References to Personal Care Facilities would instead reference Assisted Living Facilities. Decrease the resident census for classification as an Assisted Living Facility from four to three. Require facilities that operate with on-site Home and Community Support Services Agencies so as to be indistinguishable from Assisted Living Facilities to be licensed as Assisted Living Facilities. The motion carried with a vote of 3 ayes, 1 nay and 1 absent. The Committee discussed a Committee staff recommendation specific to minimum requirements for administrators of assisted living facilities. Senator Jane Nelson moved that the Committee adopt the following recommendation specific to assisted living: Codify minimum standards for Assisted Living Facility administrators of facilities seventeen beds or larger that considers the experience or education of administrators. The motion carried with a vote of 4 ayes, 0 nays and 1 absent. Senator Jane Nelson moved that the Committee adopt the following recommendation: Codify minimum standards for Alzheimer Facility Administrators. The motion carried with a vote of 4 ayes, 0 nays and 1 absent. The Committee discussed Committee staff's recommendations specific to home health. Senator Jane Nelson moved to add an additional recommendation that rates in Texas' home health programs should place a priority on "cost-effective" services to clients. Senator Nelson withdrew her motion. The Committee recessed at 12:00 Noon, subject to the call of the Chair. The Committee reconvened at 1:12 p.m., subject to the call of the Chair Senator Drew Nixon moved that the Committee adopt the following recommendations specific to home health: Move Home and Community Support Services Agency licensing to the Texas Department of Human Services. Rates in Texas' home health programs should place a priority on the delivery of quality, cost-effective services to clients. Require that Home and Community Support Services Agencies report all abuse and neglect, as defined in the Texas Human Resources Code, to both the Texas Department of Protective and Regulatory Services and the licensing agency. Codify what records can be released by the licensing agency. The licensing agency should upgrade its computer system to increase public access to complaints data about HCSSAs. The licensing agency should create more meaningful classifications of complaints, particularly those involving abuse and neglect. Develop specialized surveyor training for Personal Attendant Services and Hospice. Codify that solicitation of patients for remuneration is illegal under Texas Health and Safety Code Chapter 142. The 76th Legislature should give serious consideration to three upcoming reports regarding consolidation of waivers, functional assessments and vouchers. Require the Texas Department of Human Services and Texas Health and Human Services Commission to seek access to Medicare cost data in order to develop a system to determine home health costs delivered by both Medicare and Medicaid. The Health and Human Services Commission should develop policy recommendations and determine what caseload projections, if any, can be made in response to Medicare home health changes prior to the 76th Legislative Session. The Texas Department of Health and the Texas Department of Human Services should coordinate their efforts in tracking the closure of Home and Community Support Services Agencies in response to the Medicare home health changes. Clarify the Board of Medical Examiner's authority to hold doctors accountable for improper or fraudulent billing. Eliminate physician referrals to home health agencies in which the physician has a significant financial interest. The motion carried with a vote of 4 ayes, 0 nays and 1 absent. The Committee discussed Committee staff's recommendations specific to assisted living. Senator Drew Nixon moved that the Committee adopt the following recommendations specific to rehabilitation: The Texas Rehabilitation Commission should form a workgroup, which includes providers and consumers, to study how national accreditation standards for brain injury rehabilitation services could be used to certify brain injury rehabilitation programs in Texas. The TRC should report its findings and recommendations to the 77th Legislature. The Texas Department of Human Services' personal care facility consumer disclosure form should specify that licensure as a personal care facility in no way speaks to the credentials or competence of a rehabilitation center's personnel or programs. The motion carried with a vote of 4 ayes, 0 nays and 1 absent. Senator Jane Nelson moved that the Committee staff should qualify in the Committee's report that the identity of certain agencies specified in the recommendations could change if a single state agency for long-term care services is created or designated by the 76th Legislature. The motion was seconded by Senator Drew Nixon. The motion carried with a vote of 4 ayes, 0 nays and 1 absent. Senator Gonzalo Barrientos stated that the employees of the State of Texas should receive a pay increase. The Chair requested that the record reflect Senator Gonzalo Barrientos' message of contemplation of a state employee pay increase. There being no further business, at 1:32 p.m., Senator Moncrief announced that the Committee would stand recessed subject to the call of the Chair. Without objection, it was so ordered. ______________________ Senator Mike Moncrief, Chair ______________________ Judy Daugherty, Clerk