SENATE COMMITTEE ON HEALTH AND HUMAN SERVICES

 

 

January 29, 2001                                                                                                     Hearing Room B

1:00 PM                                                                                                                        Tapes 15 - 16

 

MEMBERS PRESENT:         Sen. Bill Fisher, Chair

Sen. Margaret Carter, Vice-Chair

Sen. Gary George

Sen. Frank Shields

Sen. Ken Messerle

 

STAFF PRESENT:                 Rick Berkobien, Administrator

Andrew Morris, Committee Assistant

 

MEASURE/ISSUES HEARD:           SB 44 Public Hearing and Work Session

Quality Initiative for Nursing Home Care

Introduction of Committee Bills

 

These minutes are in compliance with Senate and House Rules.  Only text enclosed in quotation marks reports a speaker’s exact words.  For complete contents, please refer to the tapes.

 

TAPE/#

Speaker

Comments

TAPE 15, A

004

Chair Fisher

Calls meeting to order at 1:13 p.m. and opens a public hearing on      SB 44.

SB 44 PUBLIC HEARING

010

Chair Fisher

Comments on the –1 amendments (EXHIBIT A).

012

Chair Fisher

Closes the public hearing on SB 44 and opens a work session a work session on SB 44.

SB 44 WORK SESSION

015

Chair Fisher

Explains the –1 amendments. 

023

Sen. Shields

MOTION:  Moves to ADOPT SB 44-1 amendments dated 01/19/01.

027

Sen. Carter

Asks if the bill is necessary.

032

Chair Fisher

Responds by explaining the reasons for the bill.

037

Sen. Shields

Comments on the background of SB 44.  Discusses the language proposed in the –1 amendment.

 

 

VOTE:  3-0

AYE:               3 - Carter, Shields, Fisher

EXCUSED:     2 - George, Messerle

062

Chair Fisher

Hearing no objection, declares the motion CARRIED.

064

Sen. Shields

MOTION:  Moves SB 44 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  5-0

AYE:               5 - Carter, George, Messerle, Shields, Fisher (Senators George and Messerle voted later in the meeting)

074

Chair Fisher

The motion CARRIES.

SEN. FISHER will lead discussion on the floor.

077

Chair Fisher

Closes the work session on SB 44 and opens an informational meeting on the Quality Initiative for Nursing Home Care.

QUALITY  INITIATIVE FOR NURSING HOME CARE

083

Jim Carlson

Oregon Health Care Association.  Comments on nursing home facilities.  Explains that most regulations are federal rules that do not allow for flexibility in the state rules.

099

Sen. Carter

Asks if most of the nursing home regulations are federal rules.

107

Carlson

Responds affirmatively.  States that the state rules shadow the federal requirements.    Comments on the survey process and the development of a new process.  Explains the Oregon Quality Initiative.  Discusses the program that has been developed as described in LC 2284. 

180

Carlson

Continues explaining the demonstration project program under            LC 2284. 

193

Sen. Carter

Asks what would happen if a nursing home was found to be out of compliance.

209

Carlson

Responds by explaining safeguards.  Comments on survey intervals.

233

Sen. Carter

Asks how many nursing homes in Oregon have a five-year record of not having any violations.

240

Carlson

Responds he does not have the five-year data, but that about 10 percent of nursing homes are deficiency free.  States that under the program, some nursing facilities would have increased surveys. 

270

Sen. Shields

Comments on available resources.  Asks how the oversight would be conducted on nursing facilities that are checked once a year.

290

Carlson

Responds by explaining safeguards.  Comments on the rate of surveys.  States the program would allow for more freedom.  Comments on the fiscal impact. 

330

Sen. Carter

Asks about state agencies feelings on this.

335

Carlson

Responds there is agreement with involved parties.

351

Sen. George

Comments on government regulations. 

387

Carlson

States the program could allow for a positive outcome.  Explains the make-up of the survey teams.  Comments on quality improvement and technical assistance. 

427

Sen. Carter

Asks for role of the association in the project.

440

Carlson

Responds by explaining training sessions and conferences the association puts on.

TAPE 16, A

000

Carlson

Comments on peer sharing.

009

Chair Fisher

Comments on personal experiences.  Discusses the roles of the surveyors. 

036

Carlson

Gives reasons for proposed changes. 

064

Margaret Murphy- Carley

Deputy Director, Legal Counsel, Oregon Health Care Association.  Presents (EXHIBIT B) to the committee.  Explains specific changes the demonstration project would make.  Comments on revisions to the project since it was incepted. 

112

Murphy-Carley

Reviews (EXHIBIT B). 

180

Murphy-Carley

Continues reviewing (EXHIBIT B).  Comments on survey cycles.

255

Murphy-Carley

Explains classifications.  Comments on proposed changes to the survey process.  States the project would help in determining fiscal data.

302

Sen. Messerle

Asks for incidents that would change the survey cycle.

313

Murphy-Carley

Responds by explaining situations that would change the cycle.  States the ombudsman role would stay the same in the program.

345

Carlson

Comments on federal surveys.

349

Sen. Messerle

Asks if patient services would be surveyed.

357

Murphy-Carley

Responds that if there were a complaint about staffing, then the situation would be looked at.  Comments on administrative rules.

380

Sen. George

Asks about the fiscal impact.

386

Carlson

Responds an option would be to raise fees.

406

Sen. George

Comments on incentives.

424

Murphy-Carley

States the less frequent surveys are incentives for improved performances.

TAPE 15, A

000

Chair Fisher

Comments on the survey process. 

027

Rick Berkobien

Administrator.  Asks if components of the survey could be changed after implementation. 

035

Murphy-Carley

Responds they are not sure if they could change the components without affecting the whole program. 

058

Chair Fisher

Comments on licensure that does not have to be renewed every year. 

080

Chair Fisher

Closes the informational meeting and opens a work session to introduce committee bills. 

COMMITTEE BILL INTRODUCTION WORK SESSION

091

Sen. Carter

MOTION:  Moves LC 2284 BE INTRODUCED as a committee bill.

 

 

VOTE:  4-0

AYE:               4 - Carter, George, Messerle, Fisher

EXCUSED:     1 – Shields

100

Chair Fisher

The motion CARRIES.

101

Sen. Carter

States support for the demonstration project.

109

Chair Fisher

Declares a potential conflict of interest.

117

Sen. Carter

MOTION:  Moves to SUSPEND the rules for the purpose of allowing Sen. George and Sen. Messerle to vote on     SB 44.

 

 

VOTE:  4-0

AYE:               4 - Carter, George, Messerle, Fisher

EXCUSED:     1 – Shields

119

Chair  Fisher

The motion CARRIES.  (Please see SB 44 Work Session for final vote)

133

Chair Fisher

Closes the work session and adjourns the meeting at 2:20 p.m.

 

Submitted By,                                                                           Reviewed By,

 

 

 

Andrew Morris,                                                                        Rick Berkobien,

Committee Assistant                                                                 Administrator

 

EXHIBIT SUMMARY

 

A – SB 44, -1 Amendments, Staff, 1 p.

B – Oregon Quality Initiative Demonstration Project, Margaret Murphey-Carley, 13 pp.

C – LC 2284, Staff, 2 pp.