Legislature(1993 - 1994)
02/16/1994 01:42 PM Senate HES
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SENATE HEALTH, EDUCATION AND SOCIAL SERVICES COMMITTEE
February 16, 1994
1:42 p.m.
MEMBERS PRESENT
Senator Steve Rieger, Chairman
Senator Bert Sharp, Vice-Chairman
Senator Mike Miller
Senator Jim Duncan
Senator Johnny Ellis
Senator Judy Salo
MEMBERS ABSENT
Senator Loren Leman
COMMITTEE CALENDAR
SENATE BILL NO. 248
"An Act relating to services for and protection of vulnerable
adults; and providing for an effective date."
SENATE BILL NO. 249
"An Act relating to assisted living homes; repealing references to
residential facilities for dependent adults; and providing for an
effective date."
SENATE BILL NO. 250
"An Act relating to the Older Alaskans Commission and staff of the
commission; changing the name of the Older Alaskans Commission to
the Alaska Commission on Aging and extending the termination date
of the commission; relating to the Alaska Pioneers' Homes Advisory
Board; relating to services and programs for older Alaskans; and
providing for an effective date."
PREVIOUS SENATE COMMITTEE ACTION
SB 248 - See Health, Education & Social Services minutes dated
2/2/94 and 2/4/94.
SB 249 - See Health, Education & Social Services minutes dated
2/2/94 and 2/4/94.
SB 250 - See Health, Education & Social Services minutes dated
2/2/94 and 2/4/94.
WITNESS REGISTER
Connie Sipe
Executive Director, Division of Senior Services
Department of Administration
P.O. Box 110209
Juneau, Alaska 99811-0209
POSITION STATEMENT: Reviewed SB 248, SB 248, SB 250.
Dave Williams
Division of Medical Assistance
Department of Health and Social Services
P.O. Box 660
Juneau, Alaska
POSITION STATEMENT: Reviewed SB 249.
ACTION NARRATIVE
TAPE 94-9, SIDE A
Number 008
CHAIRMAN RIEGER called the Senate Health, Education and Social
Services (HESS) Committee to order at 1:42 p.m. He introduced SB
250 (REVISE OLDER ALASKANS COMMISSION) as the first order of
business before the committee. He asked if there was any testimony
or amendments for SB 250.
SENATOR MILLER moved SB 250 out of committee with individual
recommendations. Hearing no objections, it was so ordered.
Number 020
CHAIRMAN RIEGER introduced SB 248 (ASSIST & PROTECT VULNERABLE
ADULTS) as the next order of business before the committee. He
offered his proposed amendment, Lauterbach 8-GS2001\A.1, as
Amendment 1. He explained that his amendment was a type of
indemnification so that the state can provide services to
vulnerable adults without creating additional liability. Chairman
Rieger moved to adopt Amendment 1.
AMENDMENT 1
Page 3, line 25, after ".":
Insert " A person may not bring an action for damages against
a police officer, village public safety officer, the state, te,
a political subdivision of the state based on a decision under
this subsection to take or not to take immediate action to
protect a vulnerable adult. If a decision is made under this
subsection to take immediate action to protect a vulnerable
adult, a person may not bring an action for damages based on
the protective actions taken unless the protective actions
were performed with gross negligence or intentional
misconduct; damages awarded in the action may include only
direct economic compensatory damages for personal injury."
Page 7, line 22:
Insert new subsections to read:
"(e) A person may not bring an action for damages based
on a decision under this section to offer or not to offer
protective services to a vulnerable adult.
(f) A person may not bring an action for damages based on
the provision of protective services under this section
unless the action is based on gross negligence or
intentional misconduct. The damages awarded in an actio tio
under this section may include only direct economic
compensatory damages for personal injury."
Hearing no objections, Amendment 1 was adopted.
CONNIE SIPE, Director of the Division of Senior Services,
introduced her February 15 markup of SB 248. She discussed her
first amendment, Amendment 2, which would restore the language on
lines 1 and 2 of page 2.
Number 093
CHAIRMAN RIEGER moved to adopt Amendment 2.
AMENDMENT 2
Page 2, lines 1, after "AS 47.30.915(11)":
Insert "and including a marital and family therapist licensed
under AS 08.63"
Hearing no objections, Amendment 2 was adopted.
CONNIE SIPE explained that the next amendment, Amendment 3, gives
a degree of behavior to judge their harm against not a rectifiable
civil cause.
SENATOR MILLER stated that the problem was not corrected due to the
previous change of "shall" to " may " on line 22 of page 3. He
pointed out that Amendment 3 would specify "serious physical harm",
but the reporting to the police is still optional due to line 22.
CONNIE SIPE said that Kristen Bomengen of the Department of Law
felt that " may " should remain because that subsection refers to th th
average citizen not a person who is required to report. She
proposed changing line 17 to "a person required to report under
this section" and the " may " would become "shall."
SENATOR MILLER did not have a preference regarding this issue. He
asked what the penalties are if those required to report do not.
CONNIE SIPE noted that there are no specific penalties, but there
is a penalty if a required reporter does not make the initial
report. If shall was put back in line 22, civil liability would
come into play. She did agree that it would be acceptable to
restrict line 17 to required reporters.
SENATOR MILLER preferred restricting the section to required
reporters. CONNIE SIPE stated that to restrict Subsection (e) to
required reporters, the language on line 1 of page 3 would be
parallel to line 17.
Number 170
SENATOR SALO expressed concern with changing line 17. She
explained that the change would speak twice to those required to
report and not at all to others who may report. CONNIE SIPE stated
that Subsection (d) eliminates some of the elaboration on other
people reporting, but lines 6 and 7 are an invitation for others to
report.
SENATOR SALO questioned the difference in Subsection (c) and (e) if
line 17 is changed to speak to those required to report. CONNIE
SIPE noted that Subsection (e) with the change of line 17 would
speak to those required to report in the event " of serious physi ysi
harm " when the department cannot be accessed. In such a case those se
required to report can report to the police who can take immediate
action to protect the vulnerable adult from the harm. SENATOR SALO
said that this subsection was cumbersome.
CONNIE SIPE informed the committee that this subsection was the
result of insertions by the Legal Drafting. She suggested breaking
the subsection into separate sentences to address the required
reporter with shall and the other persons with may.
SENATOR MILLER suggested leaving the language as changed in
Amendment 3, but that the individual's packet should explain the
options and requirements.
Number 230
CHAIRMAN RIEGER moved to adopt Amendment 3.
AMENDMENT 3
Page 3, line 19, after " risk ":
Insert " of serious physical harm "
Hearing no objection, Amendment 3 was adopted.
CONNIE SIPE explained that Amendment 4 came about due to concerns
with the possibility that the state would have the ability to
unduly take over these vulnerable adults based on the surrogate
decision maker. She stated that Amendment 4 should explain the
limits of the surrogate decision maker.
SENATOR SHARP proposed changing the language of Amendment 4 from
" is no longer unable to consent " to "regains the ability to
consent."
CHAIRMAN RIEGER inquired if the phrase " regains decision-making
capacity " has some legal appropriateness and would be all that
should be used.
CONNIE SIPE explained the differences in the legal meaning of
decision-making capacity and the inability to consent. She said
that both should remain, but that the amendment could be redrafted
as Senator Sharp had suggested. SENATOR MILLER suggested changing
" no longer unable to consent " to "able to consent."
CHAIRMAN RIEGER suggested having the legal drafter correct the
phrase if Amendment 4 was adopted with the conceptual change.
Number 287
SENATOR SHARP moved to adopt Amendment 4 with the conceptual
change.
AMENDMENT 4
Page 8, after line 27:
Insert new subsection:
"(d) When the vulnerable adult regains the ability to
consent or decision-making capacity, the department may
no longer use the consent given by the surrogate decision
maker as a basis for continuation of protective services
to the vulnerable adult."
CHAIRMAN RIEGER objected and explained that SB 248 should have a
judicial referral due to the complexities that may be triggered
with the surrogate decision maker issue. CHAIRMAN RIEGER removed
his objection. Hearing no objections Amendment 4 was adopted.
SENATOR MILLER moved SB 248 as amended out of committee with
individual recommendations. Hearing no objections, it was so
ordered.
Number 312
CHAIRMAN RIEGER introduced SB 249 (REGULATION OF ASSISTED LIVING
HOMES) as the final order of business.
DAVE WILLIAMS, Department of Health and Social Service in the
Division of Medical Assistance, stated that SB 249 is a good bill
and should move forward. SB 249 offers individuals the opportunity
to chose something other than an institution. He noted that SB 249
would increase access to Medicaid. He informed the committee that
he owed them a fiscal note. He believed that the fiscal note for
1995 would be zero and no impact on this year.
Mr. Williams pointed out that line 29, page 2 will not allow
assisted living homes to come under the rate setting methodology of
the Medicaid Rate Advisory Commission. He referred to Section
47.33.430 on page 18 which he believed authorizes the Division of
Medical Assistance to draft regulation specifically addressing
assisted living facilities. He proposed a per day rate to be set
rather than billing services separately; this would assure
reasonable payment. He noted that Section 11 which speaks to
certificates of need, is addressed in Amendment 1. CONNIE SIPE
agreed with Amendment 1.
Number 377
CHAIRMAN RIEGER moved to adopt Amendment 1, Lauterbach 8-
GS2002\A.1.
AMENDMENT 1
Page 1, line 1, after ";"
Insert " relating to the conversion of an assisted living home
t o a nursing home; and "
Page 25, after line 16:
Insert a new bill section to read:
"* Sec. 2. AS 18.07.031 is amended by adding a new subsection
to read:
(b) A person may not convert a building or part of a
building that is licensed as an assisted living facility
under AS 47.33 to a nursing home that requires licensure
under AS 18.20.020 unless authorized under the terms of
a certificate of need issued by the office."
Renumber the following bill sections accordingly.
Page 28, line 16:
Delete "16"
Insert"17"
Page 28, line 20:
Delete "14"
Insert "15"
Page 28, line 21:
Delete "1-13"
Insert "1-14"
Hearing no objections, Amendment 1 was adopted.
CONNIE SIPE introduced her February 13, 1994 markup #1 of SB 249.
She suggested that the changes in the definition of an assisted
living facility spoke to the concern of assisted living facilities
becoming nursing homes. She felt that the modifier on HEALTH-
RELATED SERVICES would create a more distinct dividing line.
Number 430
SENATOR ELLIS moved to adopt Amendment 2.
AMENDMENT 2
Page 2, line 20 and 21, after "obtain,":
Delete "one or more or the following"
Insert " either "
Page 2, line 22, after ";":
Insert " or "
Page 2, line 23, after "assistance":
Delete ";"
Insert " . "
Page 2, line 24:
Delete "(C) health-related services."
Page 3, line 2, after "SERVICES":
Insert " ALLOWED IN ASSISTED LIVING HOMES " and
Insert new subsection to read:
" (a) An assisted living home may provide or obtain, or
offer to provide or obtain one or more of the following
health-related services for the residents of the home,
as a supplemental service to the long-term provision by
the home to residents of assistance with the activities
of daily living or personal assistance. "
Renumber the subsections accordingly.
Hearing no objections, Amendment 2 was adopted.
CONNIE SIPE explained that the changes on page 3, lines 23-25
deletes the reference to a nurse aide because a nurse aide never
does a task alone, they only do tasks nurses delegate to them.
Such a delegation of a task is already addressed in the renumbered
subsection (e).
SENATOR SALO commented that this new language broadens the scope of
who can do the health-related tasks. CONNIE SIPE clarified that
there is no opposition to unlicensed individuals to get training
and be delegated tasks. Ms. Sipe asserted that a nurse aide would
not be doing nursing tasks.
CHAIRMAN RIEGER asked if nursing services was defined in statutes.
CONNIE SIPE stated that nursing services are defined by the Board
of Nursing.
CHAIRMAN RIEGER asked if any statutes say that only nurses can
provide nursing services. CONNIE SIPE noted that the regulations
in the Board of Nursing which specify the differences between a
registered nurse and a licensed practical nurse. Only the
registered nurse can make an evaluation, carry out a physician's
diagnosis, monitor, and plan a plan of care for an individual.
CHAIRMAN RIEGER asked if the Board of Nursing could hypothetically
say that only a nurse could bring a patient a glass of water.
CONNIE SIPE said that theoretically they could, but that is not the
direction the Board of Nursing is taking. The general trend in
nursing is to reserve the role of the evaluator and care planner
for the nurse, while still having the ability to delegate. Ms.
Sipe responded to Chairman Rieger's questioning if brain surgery
could be permitted by the Board of Nursing. Ms. Sipe pointed out
the reference that nursing is not the practice of medicine. There
are licensure requirements for nurses and to do surgery there are
Medical Board testing requirements.
Number 510
SENATOR SALO moved to adopt Amendment 3.
AMENDMENT 3
Page 3:
Delete lines 24 and 24
Insert " an individual to whom a nursing task has been
delegated under subsection (e) below. "
Hearing no objections, Amendment 3 was adopted.
CONNIE SIPE stated that the insertion on page 5, line 2 only
clarifies the contract; the rental period is decided by the
resident in their contract. CHAIRMAN RIEGER clarified the change
further and suggested additional language. CONNIE SIPE agreed with
that Chairman Rieger's language should be incorporated.
SENATOR MILLER moved to adopt Amendment 4.
AMENDMENT 4
Page 5, line 2, after "period":
Insert " as the rental period is defined in the contract "
Hearing no objections, Amendment 4 was adopted.
CONNIE SIPE pointed out that Amendment 5 modifies the medical tone
of SB 249.
CHAIRMAN RIEGER moved to adopt Amendment 5.
AMENDMENT 5
Page 6, line 1, after "a":
Delete "bed"
Insert " space "
Hearing no objections, Amendment 5 was adopted.
CONNIE SIPE stated that Amendment 6 also tones down the medical
tone of the bill.
SENATOR SHARP moved to adopt Amendment 6.
AMENDMENT 6
Page 3, line 12:
Delete "'s admission to"
Insert " enters into a residential services contract with "
Hearing no objections, Amendment 6 was adopted.
CONNIE SIPE indicated that the changes in subsection (c) address
landlords' concerns that they not be limited under House rules.
SENATOR SALO asked if subsection (d) speaks to reasonableness of
the rules. CONNIE SIPE said yes.
CHAIRMAN RIEGER moved to adopt Amendment 7.
AMENDMENT 7
Page 6, line 14, after "address":
Insert " various issues, including but not limited to "
Page 6, line 20
Delete "and"
Page 6, line 21, after "alcohol"
Insert " ;and "
Page 6
Insert new paragraph to read:
" (7) physical, verbal, or other abuse of other residents
or staff. "
Hearing no objections, Amendment 7 was adopted.
CONNIE SIPE offered Amendment 8.
AMENDMENT 8
Page 7, line 3:
Delete "admission"
Insert " residential services "
Page 7, line 24:
Delete "is discharged from"
Insert " terminates residency at "
SENATOR SALO moved to adopt Amendment 8. Hearing no objections,
Amendment 8 was adopted.
CONNIE SIPE noted that the changes on lines 7 and 8 of page 8 are
awkward. She clarified that this section refers to when the
individual moves into an assisted living home.
TAPE 94-9, SIDE B
Number 581
CHAIRMAN RIEGER moved to adopt Amendment 9.
AMENDMENT 9
Page 8, line 7:
Delete "ADMISSIONS"
Insert " COMMENCEMENT OF RESIDENCY "
Page 8, line 8:
Delete "ADMISSION"
Insert " COMMENCEMENT OF RESIDENCY "
Page 8, line 8:
Delete "be admitted to"
Insert " commence to reside in "
Hearing no objections, Amendment 9 was adopted.
CONNIE SIPE explained that Amendment 10 clarifies that an
individual comes in for assisted living and the physician's
statement is addressed elsewhere.
SENATOR SALO moved to adopt Amendment 10.
AMENDMENT 10
Page 8:
Delete lines 11-13
Hearing no objections, Amendment 10 was adopted.
CONNIE SIPE noted that Amendment 11 was mainly language changes.
CHAIRMAN RIEGER moved to adopt Amendment 11.
AMENDMENT 11
Page 8, line 14:
Delete "ADMISSION CONTRACTS"
Insert " RESIDENTIAL SERVICE "
Delete "not be"
Insert " take up "
Page 8, line 15:
Delete "admitted as a resident of"
Insert " residency in "
Page 8, line 16:
Delete "an admission"
Insert " residential services "
Page 8, line 17:
Delete "admission"
Insert " residential services "
Page 8, line 20:
Delete "An admission"
Insert " A residential services "
Page 8, line 26:
Delete "discharge"
Insert " termination "
Delete "resident'
Insert " residential services contract "
Page 8, line 31:
Delete "discharge"
Insert " termination of the contract "
Hearing no objections, Amendment 11 was adopted.
CONNIE SIPE explained that the changes in Section 47.33.230 address
concerns with the assisted living home's liability.
CHAIRMAN RIEGER moved to adopt Amendment 12.
AMENDMENT 12
Page 9, line 13:
Delete "and"
Page 9, line 14, after "responsibility":
Insert " and right "
Delete "shared" and "the home and"
Page 9, line 15, after "evaluate":
Insert " and choose, after discussion with all relevant parties es
including the home ; "
Page 9, line 16:
Delete "."
Insert " ; and "
Page 9, after line 16:
Insert new paragraph to read:
" (3) recognize the right of the home to evaluate and to either
consent or refuse to accept the resident's choice of risks as
described in (2) above; "
Hearing no objections, Amendment 12 was adopted.
CONNIE SIPE noted that Amendment 13 clarifies that the resident can
take care of their own needs to the extent that was possible.
SENATOR SALO moved to adopt Amendment 13.
AMENDMENT 13
Page 9, line 29, after "home":
Insert " or the resident "
Hearing no objections, Amendment 13 was adopted.
Number 539
CONNIE SIPE explained that the changes in Amendment 14 reflect the
assisted living home's ability to choose what level of services it
would provide.
SENATOR SALO asked if there was any other category of professional
who could review and approve the health care plan. CONNIE SIPE
stated that evaluating a health care plan is only in the scope of
practice of registered nurses which includes nurse practitioners.
Ms. Sipe noted that the task could be delegated up to a physician,
but physicians usually do not know much about daily plans of care.
Nurses are trained in daily plans of care.
SENATOR SALO moved to adopt Amendment 14.
AMENDMENT 14
Page 10, line 7, after "(c)":
Insert " If the assisted living home provides or arranges for
health-related services to be provided to a resident, the "
Delete "assisted living home"
Page 10, line 9, after ",":
Insert " and shall ensure that a physician's statement about
the resident is included in the plan. "
Hearing no objections, Amendment 14 was adopted.
CONNIE SIPE pointed out that changes in Amendment 15 take the
burden of preparing the plan from the assisted living home and
place the responsibility on the person preparing the plan.
CHAIRMAN RIEGER expressed concern with the word prepared because
that would be a mandate. He suggested deleting "prepared." CONNIE
SIPE stated that would be acceptable. In response to Chairman
Rieger, Ms. Sipe noted that "language that can be understood by the
resident" covers illiterate persons.
CHAIRMAN RIEGER moved to adopt Amendment 15 with his change.
AMENDMENT 15
Page 10, line 10:
Delete "An assisted living home shall prepare a"
Insert " The "
Page 10, line 10, after "plan":
Insert " must be "
Hearing no objections, Amendment 15 was adopted.
CONNIE SIPE said that Amendment 16 cleans up the language.
CHAIRMAN RIEGER pointed out that the contract would have to be
voluntarily entered into by the individual and the home. He
suggested inserting language to that effect.
CHAIRMAN RIEGER moved to adopt Amendment 16.
AMENDMENT 16
Page 10, line 13:
Delete "admit"
Insert " enter into a residential services contract between "
Page 10, line 13, after "individual"
Delete "to that"
Insert " and the "
Hearing no objections, Amendment 16 was adopted.
CONNIE SIPE explained that the evaluation of assisted living homes
no longer focuses on an individual being admitted for health-
related services, but rather it focuses on if the assisted living
home provides health-related services.
SENATOR SALO stated that the language in Amendment 17 which speaks
to "other residents" is confusing. CONNIE SIPE suggested more
specific language. Senator Salo also offered more specific
language.
CHAIRMAN RIEGER questioned the need for line 28 regarding
evaluations being done as frequently as the resident requests.
CONNIE SIPE believed that deleting line 28 would not hurt the
bill due to the one year required evaluation and the previously
discussed contract negotiations.
CHAIRMAN RIEGER clarified the changes Amendment 17 entailed.
SENATOR SHARP moved to adopt Amendment 17.
AMENDMENT 17
Page 10, line 25:
Delete "For a resident admitted for health problems"
Insert " If the assisted living home provides or arranges for
health-related services to be provided to the resident, "
Page 10, line 26:
Delete "a"
Insert " other "
Page 10, line 26,:
Delete "admitted for reasons other than health problems"
Insert " who do not receive health services from the assisted
living home "
Page 10, line 27:
Delete ","
Insert " . "
Delete line lines 28 and 29
Hearing no objections, Amendment 17 was adopted.
Number 402
CONNIE SIPE explained the clean up language of Amendment 18.
SENATOR SHARP moved to adopt Amendment 18.
AMENDMENT 18
Page 12, line 13:
Delete "involuntary discharge"
Insert " the intent of the home to terminate the residential
services contract "
Page 12, line 27:
Delete "is admitted as a resident of"
Insert " takes up residency in "
Hearing no objections, Amendment 18 was adopted.
CONNIE SIPE noted that the deletions of Amendment 19 were due to
their broad nature. She emphasized that this section spoke to
guaranteed access to the home.
SENATOR SHARP moved to adopt Amendment 19.
AMENDMENT 19
Page 13, line 12:
Delete "representatives, of community organizations"
Hearing no objections, Amendment 19 was adopted.
CONNIE SIPE stated that Amendment 20 clarifies the consent involved
when services are provided by the home.
CHAIRMAN RIEGER moved to adopt Amendment 20.
AMENDMENT 20
Page 13, line 30:
Delete ";or"
Insert " to provide services specified in the residential
services contract; "
Hearing no objections, Amendment 20 was adopted.
CONNIE SIPE introduced Amendment 21.
CHAIRMAN RIEGER moved to adopt Amendment 21.
AMENDMENT 21
Page 14, line 25:
Delete "is admitted as a resident of"
Insert " takes up residency in "
Hearing no objections, Amendment 21 was adopted.
CONNIE SIPE noted that all the changes were language changes except
the change regarding the termination of the contract. The
exception inserts "the resident's self" due to liability concerns.
SENATOR MILLER moved to adopt Amendment 22.
AMENDMENT 22
Page 15, line 14:
Delete "Discharge"
Insert " Termination "
Page 15, line 14, after "resident":
Insert " 's contract "
Page 15, line 17:
Delete "is admitted as a resident of"
Insert " takes up residency in "
Page 15, line 20:
Delete "DISCHARGE"
Insert " TERMINATION OF CONTRACT "
Page 15, line 21:
Delete "discharge"
Insert " terminate a residential services contract with "
Page 15, line 23, after "to":
Insert " the resident's self, to "
Page 15, line 25:
Delete "discharge"
Insert " transfer out of the home "
Page 15, line 31:
Delete "discharge"
Insert " terminating the contract of "
Hearing no objections, Amendment 22 was adopted.
CONNIE SIPE said that Amendment 23 was a continuation of language
changes. Subsection (c) was felt to be too much like a nursing
home. She pointed out that the change allows for a case conference
as part of a dispute resolution without requiring all the
previously suggested assessments.
Number 303
SENATOR SALO expressed concern with eliminating the details of
terminating a contract. CONNIE SIPE asserted that this section
speaks to involuntary termination with various reasons the bill
addresses. Ms. Sipe noted that the homes were concerned that lines
14-22 would mandate that the home take on those assessment
responsibilities, especially regarding line 18.
SENATOR SALO asked what would the resident do when their contract
was terminated and they had no place to go. CONNIE SIPE suggested
that such individuals would probably turn to the Pioneer's Home,
Home and Community Care Services, or calling Adult Protective
Social Services. Ms. Sipe noted the requirement to discuss the
alternatives.
CHAIRMAN RIEGER asked who an "involved party" refers to in the new
language in Amendment 23. CONNIE SIPE said that it referred to
those listed after that sentence. She suggested changing the
language to "the resident or the resident's representative."
SENATOR SALO moved to adopt Amendment 23.
AMENDMENT 23
Page 16, line 2:
Delete "discharge"
Insert " contract termination "
Page 16, line 4:
Delete "discharge"
Insert " termination of the contract "
Page 16, line 5:
Delete "discharge"
Insert " contract termination "
Page 16, line 6:
Delete "admission"
Insert " residential services "
Delete "; and,"
Insert " which must include the offer by the home to
participate in a "
Page 16, line 7:
Delete "(3) the time and date of the"
Delete "required"
Insert " as described "
Page 16, line 9:
Delete "discharging"
Insert " terminating the contract of "
Page 16, line 10:
Delete "hold"
Insert " participate in "
Delete "in which"
Insert " if a conference is requested by the resident or the
resident's representative "
Page 16, line 12:
Delete "determine"
Insert " who may discuss "
Page 16, line 13:
Delete "discharge based on an assessment of"
Insert " contract termination. "
Page 16:
Delete lines "14-22"
Page 16, line 23:
Delete "discharge"
Insert " terminates the residential services contract with "
Hearing no objections, Amendment 23 was adopted.
CONNIE SIPE stated that the change in Amendment 24 was a
clarification of language.
SENATOR SHARP moved to adopt Amendment 24.
AMENDMENT 24
Page 19, line 15, after "home":
Insert " which are relevant to the investigation "
Hearing no objections, Amendment 24 was adopted.
CONNIE SIPE explained that Amendment 25 allows restriction of the
ability of an individual to give certain care or to take in
residents with certain kinds of care needs.
SENATOR SALO stated that Amendment 25 was a good change. SENATOR
SALO moved to adopt Amendment 25.
AMENDMENT 25
Page 20, line 22:
Delete "suspend admissions"
Insert " suspend the ability of the home "
Delete "an"
Insert " take in "
Page 20, line 23:
Delete "assisted living home"
Insert " new residents or to take in residents' with specified
conditions, restrict the type of care which the home may
provide to residents, "
Hearing no objections, Amendment 25 was adopted.
Number 203
CHAIRMAN RIEGER referred to page 11 and Residents' Rights when he
suggested changing the section to Residents' Standards. He then
referred to page 12 line 26 when he suggested adding the clause
that states "the above mentioned standards shall be set out in
writing as part of the assisted living plan and shall be considered
a contractual right." He explained that he was not sure what
defining something as a right would entail. He expressed his
preference for contractual rather than statutory rights.
CONNIE SIPE inquired if one side of the contract feels that the
contract has been breached, can the standards or rights be stopped.
She mentioned the State Landlord Tenant Law which lists tenants'
rights that regardless of landlord tenant contract disputes, the
rights still stay in place.
SENATOR SALO stated that moving towards standards shifts the
discussion from the individual or the contract to the assisted
living home. That could change the dynamics of the section.
CHAIRMAN RIEGER reiterated his concern with the rights issue. He
stated that a CS will be provided incorporating today's changes and
the two remaining changes suggested by Connie Sipe.
There being no further business before the committee, the meeting
was adjourned at 3:06 p.m.
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