2004 Legislation
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HOUSE CONCURRENT RESOLUTION NO. 49 – Assisted living facility, oversight


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Bill Status

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

Bill Text

  ]]]]              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
  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
  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 / Fiscal Impact

                       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.

Name: Representative Bill Sali 
Phone: (208) 332-1000
Name: Idaho Assisted Living Association, Michelle Glasgow
Phone: (208) 375-4148