2006 Legislation
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SENATE CONCURRENT RESOLUTION NO. 124 – H&W Dept, dispute resolution procss

SENATE CONCURRENT RESOLUTION NO. 124

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Bill Status



SCR124...............................................by JUDICIARY AND RULES
HEALTH AND WELFARE - Stating findings of the Legislature and requesting the
Department of Health and Welfare to develop an informal dispute resolution
process which is partially independent from the department for intermediate
care facilities.
                                                                        
02/20    Senate intro - 1st rdg - to printing
02/21    Rpt prt - to 10th Ord
02/22    Ref'd to Health/Wel
03/03    Rpt out - rec d/p - to 10th Ord
03/06    10th Ord - ADOPTED - voice vote
    Floor Sponsor - Darrington
    Title apvd - to House
03/07    House intro - 1st rdg - to Health/Wel
03/27    Rpt out - rec d/p - to 2nd rdg
03/28    2nd rdg - to 3rd rdg
03/29    3rd rdg - ADOPTED - 67-0-3
      AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
      Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Brackett, Bradford,
      Cannon, Chadderdon, Clark, Collins, Deal, Denney, Edmunson,
      Ellsworth, Eskridge, Field(18), Garrett, Hart, Harwood, Henbest,
      Henderson, Jaquet, Kemp, Lake, LeFavour, Loertscher, Martinez,
      Mathews, McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen,
      Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche,
      Rydalch, Sali, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley,
      Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail,
      Wills, Wood
      NAYS -- None
      Absent and excused -- Crow, Field(23), Mr. Speaker
    Floor Sponsor - Nielsen
    Title apvd - To Senate
03/30    To enrol
03/31    Rpt enrol - Pres signed
04/03    Sp signed - To Secretary of State

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                            SENATE CONCURRENT RESOLUTION NO. 124
                                                                        
                              BY JUDICIARY AND RULES COMMITTEE
                                                                        
  1                               A CONCURRENT RESOLUTION
  2    STATING FINDINGS OF THE LEGISLATURE AND REQUESTING THE  DEPARTMENT  OF  HEALTH
  3        AND  WELFARE  TO  DEVELOP  AN INFORMAL DISPUTE RESOLUTION PROCESS WHICH IS
  4        PARTIALLY INDEPENDENT FROM THE DEPARTMENT FOR  INTERMEDIATE  CARE  FACILI-
  5        TIES.
                                                                        
  6    Be It Resolved by the Legislature of the State of Idaho:
                                                                        
  7        WHEREAS,  intermediate  care facilities for the mentally retarded are sub-
  8    ject to inspections by the Department of Health and Welfare, Bureau of  Facil-
  9    ity Standards; and
 10        WHEREAS, other providers, including skilled nursing facilities have infor-
 11    mal  dispute  resolution  processes  which  are partially independent from the
 12    Department of Health and Welfare, in order to dispute inspection findings made
 13    by the department; and
 14        WHEREAS, intermediate care facilities for the  mentally  retarded  do  not
 15    have  an  informal  dispute resolution process available to them which is par-
 16    tially independent from the department; and
 17        WHEREAS, an informal dispute resolution process which is  partially  inde-
 18    pendent from the department is beneficial to providers, as it provides an ave-
 19    nue to discuss disputed findings; and
 20        WHEREAS,  an informal dispute resolution process, which is partially inde-
 21    pendent from the department, is beneficial to the department as it provides  a
 22    check and balance to the department.
 23        NOW,  THEREFORE,  BE IT RESOLVED by the members of the Second Regular Ses-
 24    sion of the Fifty-eighth Idaho Legislature, the Senate and the House of Repre-
 25    sentatives concurring therein, that the Department of Health  and  Welfare  is
 26    requested  to  develop  an  informal dispute resolution process, which is par-
 27    tially independent from the Department, for intermediate care facilities.  The
 28    Department  of  Health  and  Welfare  should work with representatives of such
 29    facilities to develop the specific guidelines for this resolution process  and
 30    its implementation including:
 31        (1)  Ethics and guiding principles;
 32        (2)  How  the  process  will be partially independent from the department,
 33    who will serve on the panel and how decisions will be made; and
 34        (3)  Timing of the process, including: frequency of hearings, how a facil-
 35    ity will apply for an informal dispute hearing and when decisions will be com-
 36    municated to the facility.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                             RS 15968

This resolution directs the Idaho Department of Health and
Welfare to develop an informal dispute resolution process for
Intermediate Care Facilities for the Mentally Retarded (ICF/MR).
This new informal resolution process would provide the
opportunity for ICF/MR providers to challenge survey findings;
present evidence contrary to inspection findings; or present
mitigating circumstances in a process which is partially
independent from the department.


                          FISCAL NOTE

There is no fiscal impact to the general fund.

                                 


Contact
Name:     Robert Vande Merwe 
Phone:    (208) 343-9735


STATEMENT OF PURPOSE/FISCAL NOTE                       SCR 124