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HCR049.........................................................by EDUCATION
ASSISTED LIVING FACILITIES - Stating findings of the Legislature relating
to oversight processes in assisted living facilities and directing the
Department of Health and Welfare to undertake changes necessary to
accomplish certain goals.
02/23 House intro - 1st rdg - to printing
02/24 Rpt prt - to Health/Wel
03/01 Rpt out - rec d/p - to 2nd rdg
03/02 2nd rdg - to 3rd rdg
03/04 3rd rdg - ADOPTED - voice vote
Floor Sponsor - Kulczyk
Title apvd - to Senate
03/05 Senate intro - 1st rdg - to Health/Wel
03/09 Rpt out - rec d/p - to 10th Ord
03/11 10th Ord - ADOPTED - voice vote
Floor Sponsor - Brandt
Title apvd - to House
03/12 To enrol
03/15 Rpt enrol - Sp signed
03/16 Pres signed
03/17 To Secretary of State
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE HOUSE OF REPRESENTATIVES
HOUSE CONCURRENT RESOLUTION NO. 49
BY EDUCATION COMMITTEE
1 A CONCURRENT RESOLUTION
2 STATING FINDINGS OF THE LEGISLATURE CONCERNING OVERSIGHT PROCESSES IN ASSISTED
3 LIVING FACILITIES AND DIRECTING THE DEPARTMENT OF HEALTH AND WELFARE TO
4 UNDERTAKE CHANGES NECESSARY TO ACCOMPLISH GOALS STATED.
5 Be It Resolved by the Legislature of the State of Idaho:
6 WHEREAS, the Department of Health and Welfare finds it increasingly diffi-
7 cult to meet statutory requirements for annual surveys in assisted living
8 facilities; and
9 WHEREAS, the state of Idaho has contracted with the federal Medical Assis-
10 tance Program and has guaranteed appropriate oversight of assisted living
11 facilities, including compliance with Idaho statutes in exchange for Medicaid
12 matching funds for services provided to clients in assisted living served
13 through the Aged and Disabled Waiver; and
14 WHEREAS, the number of assisted living clients grows each year with expo-
15 nential growth projected as baby boomers reach an age when they require assis-
16 tance in daily living; and
17 WHEREAS, the cost of long-term health care options in the state of Idaho
18 increases each year both for persons paying for their own care and those using
19 Medicaid dollars; and
20 WHEREAS, state General Fund dollars for medical assistance are more lim-
21 ited each year; and
22 WHEREAS, the present survey process has reached a point of limited effec-
23 tiveness.
24 NOW, THEREFORE, BE IT RESOLVED by the members of the Second Regular Ses-
25 sion of the Fifty-seventh Idaho Legislature, the House of Representatives and
26 the Senate concurring therein, that the Department of Health and Welfare, in
27 conjunction with assisted living stakeholders, advocates and clients, is
28 directed to develop the statutory and rules changes as necessary to allow for
29 a transformed oversight process in assisted living that allows for:
30 (1) An equitable definition of substantial compliance;
31 (2) Outcome based, measurable standards of care;
32 (3) Person-centered outcomes measured by the terms of the Negotiated Ser-
33 vice Agreement (NSA) negotiated by the resident and/or guardian and the
34 assisted living residence as to the resident's rights, needs and choices of
35 care;
36 (4) Quality assurance measures implemented by the Division of Medicaid to
37 ensure surveys are performed in an appropriate and equitable manner;
38 (5) Use of new technologies, i.e. e-mail, teleconferencing, facsimile,
39 software and web-based documentation management systems to increase efficiency
40 of the oversight process and communications process whenever possible and
41 reduced disruption of a resident's home and trauma to the resident;
42 (6) Focus on education and cooperation in compliance, as well as enforce-
43 ment;
44 (7) A regulatory system that does not adversely affect residents and does
2
1 not result in dislocation of residents when other avenues are available;
2 (8) Increased training that is specific to assisted living and improved
3 protocol for staff performing surveys;
4 (9) Development of an equitable dispute resolution process involving not
5 only the oversight agency, but also industry peers, ombudsmen, consumers and
6 health care providers knowledgeable about assisted living; and
7 (10) Improved communication between providers and department staff regard-
8 ing the substance of rules proposed for promulgation as well as the proposed
9 effective dates of such proposed rules.
STATEMENT OF PURPOSE
RS 14117
The purpose of this Resolution is to develop and propose statute
and rule changes that allow an oversight process in assisted
living that uses new methodologies and increased efficiencies to
assure that facilities have appropriate and timely surveys
without dramatic increases to the state general funds. This new
survey process must allow for person-centered care, care driven
primarily by the resident rather than prescriptive rule in order
to adjust to the unique care setting of assisted living and be
built on objective outcome based standards rather than subjective
interpretation of statute and rule.FISCAL IMPACT
There is no fiscal impact to the general fund.
Contact:
Name: Representative Bill Sali
Phone: (208) 332-1000
Name: Idaho Assisted Living Association, Michelle Glasgow
Phone: (208) 375-4148
STATEMENT OF PURPOSE/FISCAL NOTE HCR 049