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