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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
]]]] 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
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