MINUTES 
                                           
                   LONG TERM CARE LEGISLATIVE OVERSIGHT COMMITTEE 
                            Wednesday, February 20, 2002 
                                     1:00 p.m. 
                                       E2.036 
                                           
                                       ***** 
                                           
         Pursuant to a notice posted in accordance with Senate Rule  
         11.18, a public hearing of the Long Term Care Legislative  
         Oversight Committee was held on Wednesday, February 20, 2002, in  
         the Capitol Extension, E2.036, at Austin, Texas. 
          
                                       ***** 
                                           
         MEMBERS PRESENT:                        MEMBERS ABSENT: 
         Senator Robert Duncan                   None 
         Senator Chris Harris 
         Senator Mike Moncrief 
         Representative Elliott Naishtat 
         Representative Craig Eiland 
         Representative Jim McReynolds 
         Pat Karrh 
         Phil Elmore 
                                           
                                       ***** 
                                           
         The chair called the meeting to order at 1:10 p.m.  There being  
         a quorum present, the following business was transacted:   
          
         Chairman Duncan recognized a group of visiting students and  
         introduced public member Pat Karrh. 
          
         Public member, Phil Elmore presented the research topics  
         recommended by the research working group.  Senator Moncrief  
         moved their approval. There being no objection, the research  
         topics were adopted by unanimous consent. 
          
         The following persons provided invited, oral testimony: 
          
              Jennifer Salmon, Ph.D. of the Florida Policy Exchange  
         Center on Aging, University of  
              South Florida, provided an overview of the nursing home  
         legislation passed in the state of  
              Florida.   
          
              Jose Montemayor, Commissioner, Texas Department of  
              Insurance, reviewed the state of the insurance industry as  
              it relates to nursing home facilities.  Additionally, he  
              reviewed the insurance provisions in Senate Bill 1839. 
          
              Joe Chilton and Will Davis of the Texas Medical Liability  
  
         Insurance Underwriting  
              Association (JUA) presented information regarding the new  
         JUA coverage for both for- 
              profit and not-for-profit nursing homes.  Mr. Chilton and  
         Mr. Davis reviewed the new  
              rates set by the JUA Board for nursing home coverage. 
          
              Don Gilbert, Commissioner, Health and Human Services  
         Commission, testified regarding  
              the Medicaid reimbursement rates for nursing homes.   
         Specifically, Commissioner  
              Gilbert, addressed the provisions of House Bill 154  
         relating to the portion of the  
              reimbursement for insurance premiums. 
          
              Tom Pinkard, Gulf Insurance Company, Ray Thomas, Bunker  
         Hill, and Janet Kulhanek,  
              Colley and Associates, participated in a panel discussion  
         of insurers regarding the  
              challenges of providing liability insurance for nursing  
         home facilities. 
          
              David Bragg, AARP, Mary Stephens, Buckner Retirement  
         Services, and Cheryl Killian,  
              Chair, Texas Health Care Association, participated in a  
         panel discussion of the effects of  
              liability insurance on the administration duties of nursing  
         home facilities.   
          
              The chairman called persons who registered as public  
              witnesses to provide testimony regarding liability  
              insurance for nursing home facilities. See attached witness  
              list.  
          
              With no other business to come before the committee, the  
              chair recessed the committee by unanimous consent at 6:30  
              p.m., subject to the call of the chair. 
          
         ________________________________ 
         Senator Robert Duncan, Chair 
          
         ________________________________ 
         Jennifer Chambers, Clerk