SENATE COMMITTEE ON HUMAN SERVICES

 

 

April 01, 2005                                                                                                  Sweet Home, Oregon

1:00 P.M.                                                                                                                     Tapes  51 - 54

Corrected 10/25/05

MEMBERS PRESENT:         Sen. Bill Morrisette, Chair

Sen. Jeff Kruse, Vice-Chair

Sen. Charles Starr

 

MEMBER EXCUSED:          Sen. Laurie Monnes Anderson

                                                Sen. Rick Metsger

 

STAFF PRESENT:                 Rick Berkobien, Committee Administrator

Brittany Kenison, Committee Assistant

 

MEASURES/ISSUES HEARD:

Long-term Care Issues: Challenges and Trends – Informational Meeting

Oregon Project Independence Modernization Act of 2005 – Informational Meeting

Long-term Care and Access to Prescription Drugs – Public Hearing

SB 870 – Public Hearing

SB 430 – Public Hearing and Work Session

SB 443 – Public Hearing and Work Session

SB 605 – Public Hearing and Work Session

SB 781 – Public Hearing and Work Session

 

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 51, A

003

Chair Morrisette

Calls the meeting to order at 1:03 p.m.  Makes opening comments. 

020

Rick Berkobien

Committee Administrator.  Introduces himself.  Discusses meeting procedures.

030

Chair Morrisette

Introduces himself.

040

Sen. Kruse

Introduces himself.

065

Chair Morrisette

Opens an informational meeting on Long-term Care Issues: Challenges and Trends.

LONG-TERM CARE: CHALLENGES AND TRENDS – INFORMATIONAL MEETING

080

Jim Carlson

Executive Director, Oregon Health Care Association.  Introduces himself.

095

Chad Martin

Administrator, Lebanon Rehab.  Submits and presents a fact sheet about the Lebanon Rehab center (EXHIBIT A).

140

Rick Berkobien

Asks if the center keeps discharge data.

143

Carlson

Submits PowerPoint presentation on “Long Term Care Data and Trends” (EXHIBIT B) and refers to page four (4) for data.

160

Martin

Elaborates on data.

168

Martin

Continues testimony.

230

Linda Learn

Administrator, The Oaks Assisted Living Center.  Testifies regarding concerns about future of long-term care. Discusses statistics for The Oaks Assisted Living Center.

280

Chair Morrisette

Asks to clarify that the living center is in Lebanon, Oregon.

281

Learn

Affirms.

282

Chair Morrisette

Asks if most of the residents are within the Lebanon/Sweet Home area.

282

Learn

Answers, yes.  Elaborates.

284

Chair Morrisette

Asks where the closest assisted living center is outside of Lebanon.

290

Learn

Answers, Albany, Oregon.

293

Chair Morrisette

Discusses the importance of maintaining local facilities.  Asks about the vacancy rate.

298

Learn

Answers question.

300

Chair Morrisette

Asks for vacancy and capital cost projections.

314

Learn

Speculates about projections.  Explains how capital costs are constant to maintain the facility.

325

Chair Morrisette

Asks about future vacancy projections.

328

Learn

Responds.  Adds that there is another facility being built in Lebanon.

335

Chair Morrisette

Speaks about the baby boomer population and the need for addressing larger populations of seniors.

343

Learn

Remarks about expectations of baby boomers.

350

Sen. Kruse

Comments on the California and Florida elderly populations.

360

Carlson

Concludes testimony on long term-care issues.

375

Sen. Kruse

Asks about the need for a moratorium extension.

378

Carlson

Answers question.

395

Sen. Kruse

Comments on the grandfathering for an extension of the moratorium.

400

Chair Morrisette

Asks Sen. C. Starr to introduce himself.

405

Sen. C. Starr

Introduces himself.

450

Chair Morrisette

Closes the informational meeting on Long-term Care Issues: Challenges and Trends and opens an informational meeting on the Oregon Project Independence Modernization Act of 2005.

TAPE 52, A

OREGON PROJECT INDEPENDENCE MODERNIZATION ACT OF 2005 – INFORMATIONAL MEETING

025

Jacqueline Zimmer

Oregon Association of Area Agencies on Aging and Disability (AAA/D).  Submits and presents an information packet about AAA/D (EXHIBIT C).

060

Ted Stevens

Director, Senior and Disabled Services, Eugene, Oregon.  Provides testimony regarding Oregon Project Independence (OPI).

110

Sen. Kruse

Comments on the committee’s support for OPI.

115

Scott Bond

Director, Oregon Cascade West Council of Government.  Discusses the OPI project.

165

Chair Morrisette

Asks Bond if he spoke with a man earlier who had to leave because he needed to go home to care for his wife.

170

Bond

Answers, no.

172

Chair Morrisette

Asks for Bill Wagner to approach the witness table and explain the issues of the man who cares for his wife.

175

Bill Wagner

Executive Director, Cascades West Council of Government.  Answers question.

208

Chair Morrisette

States that he spoke with the constituent.  Raises the issue of the elderly taking care of the elderly.

225

Wagner

Clarifies that the man who left does have a case worker.

237

Chair Morrisette

Comments on the cuts in various programs statewide.

253

Wagner

Comments on the lack of funding to local government agencies.

288

Chair Morrisette

Asks what year Lane County, Oregon took over the functions relating to funding.

292

Wagner

Responds.

295

Chair Morrisette

Discusses state funding.

315

Zimmer

Concludes testimony.

340

Chair Morrisette

Closes the informational meeting on Oregon Project Independence Modernization Act of 2005.  Opens a public hearing for the public to testify on long-term care and access to prescription drugs.

LONG-TERM CARE AND ACCESS TO PRESCRIPTION DRUGS – PUBLIC HEARING

383

Alecia Juber

Citizen, McMinnville, Oregon.  Submits and presents written testimony regarding long-term care (EXHIBIT D).

TAPE 51, B

030

Juber

Continues testimony about long-term care.

055

Sen. Kruse

Comments on the difficulty of accessing certain resources. 

065

Jacqueline Zimmer

Oregon Association of Area Agencies on Aging and Disability (AAA/D).  Suggests that they speak further regarding Juber’s issue.

070

Chair Morrisette

Comments on Juber’s testimony.

090

Marvella Gibbs

Citizen, Sweet Home, Oregon.  Testifies regarding concerns of the future for relative foster care.

128

Chair Morrisette

Asks how many people she is taking care of in her home.

130

Gibbs

Answers, two.  Adds that she only sees her case worker once a year.

140

Sunny Swanson

Citizen, Oregon.  Discusses experience as a Certified Nurses Assistant. 

195

Michael Volpe

Citizen, Corvallis, Oregon.  Testifies about his experience with Multiple Sclerosis (MS) and receiving in-home care.

250

Volpe

Discusses the type of care that he requires.

280

Chair Morrisette

Asks Volpe to explain his living unit.

282

Volpe

Answers that he lives in an apartment.

285

Chair Morrisette

Confirms that he has access to and from his apartment.

287

Volpe

Affirms.  Adds that he depends on a large network of people for daily assistance.

300

Chair Morrisette

Confirms that Volpe has no control of his limbs.

303

Volpe

Affirms.

305

Chair Morrisette

Comments on Volpe’s positive attitude regarding his MS.

325

Terry Haydon

Client Employed Provider, Service Employees Union (SEIU), Local 503.  Submits and presents written testimony about healthcare coverage and workman’s compensation for home care workers (EXHIBIT E).

410

Chair Morrisette

Asks for information about work related injuries for home care workers.  Comments on related bills regarding in-home care.

460

Ken Toombs

Mayor, Lebanon, Oregon.  Testifies about prescription drugs and his personal experience needing them.

TAPE 52, B

030

Chair Morrisette

Comments on the pharmaceutical companies offering programs.  Asks Toombs if he has been involved with those special programs.

038

Toombs

States that he does not qualify.

040

Sen. Kruse

Explains that some programs allow up to 300% poverty level.  Comments on legislation sponsored by Sen. Alan Bates regarding the medication programs.

044

Chair Morrisette

Explains a bill that was passed to purchase bulk medications.  States that he is willing to help anyone who needs assistance with medications. 

085

Chair Morrisette

Closes the public hearing on long-term care and access to prescription drugs and opens a public hearing on SB 870.

SB 870 – PUBLIC HEARING

095

Rick Berkobien

Committee Administrator.  Explains the bill.

115

Delores Hubert

Chair, Governor’s Commission on Senior Services.  Submits written testimony in support of SB 870 (EXHIBIT F).

130

Ruth Shepard

Citizen, Oregon.  Testifies in support of SB 870.  Discusses Oregon Project Independence (OPI).

185

Sen. C Starr

Asks how hospice care relates to OPI.

190

Sheppard

Defers to Jacqueline Zimmer.

196

Jacqueline Zimmer

Oregon Association of Area Agencies on Aging and Disability (AAA/D).  Testifies in support of SB 870. 

255

Ted Stevens

Director, Senior and Disabled Services, Eugene, Oregon.  Answers Sen. C. Starr’s question about hospice.  Testifies in support of SB 870.  Discusses options for long-term care with OPI.

330

Zimmer

Discusses ideas for modernizing OPI, including promoting long-term care insurance.

335

Chair Morrisette

Comments on the cost shift with SB 870.

350

Chair Morrisette

Closes the public hearing on SB 870.  Opens a public hearing on SB 430.

SB 430 – PUBLIC HEARING

369

Rick Berkobien

Committee Administrator.  Explains the bill and introduces the -3 amendments (EXHIBIT G) and the -2 amendments (EXHIBIT H) to SB 430.

375

May Dasch

Alzheimer’s Network of Oregon.  Submits and presents written testimony in opposition to SB 430 (EXHIBIT I).

425

Chair Morrisette

Comments on Dasch’s concerns.

TAPE 53, A

020

Grover Simmons

Independent Adult Foster Home Association.  Testifies in support of SB 430 with the -2 amendments and the -3 amendments.

055

Dasch

Comments on the concerns between the Alzheimer’s Network and the Independent Adult Foster Association.

065

Chair Morrisette

Asks if members from either of the organizations cross over.

068

Dasch

Responds.

070

Chair Morrisette

Asks Grover if members of the Independent Adult Association also belong to the Alzheimer’s Network.

072

Simmons

Answers, yes.  Discuses how that number has increased.

080

Sen. Kruse

Comments on the difference between the -2 and the -3 amendments to SB 430.  Asks if the difference is significant between the amendments.

082

Dasch

Asks Sen. Kruse to repeat the sections of the bill that the amendments would change.

085

Sen. Kruse

Repeats.

087

Dasch

States that the amendments are acceptable.

090

Grover

Comments on the words being deleted by the -2 amendments.

095

Sen. Kruse

Clarifies the difference between the amendments

103

Mickey Tate

Adult Foster Home Program Coordinator, Seniors and People With Disabilities, Oregon Department of Human Service (DHS).  Testifies in support of SB 430 with the -2 amendments and the -3 amendments.

105

Chair Morrisette

States that he wants to address all concerns of the bill.  Asks Tate if she heard Dasch’s testimony

110

Tate

Responds, yes.

118

Chair Morrisette

Asks if Dasch’s concerns could be accommodated by administrative rule.

120

Tate

Responds.  States that the department does not object to adding the requirements to statute.

125

Chair Morrisette

Clarifies that Tate is referring to the Alzheimer’s training.

127

Tate

States that she does not understand the question.

130

Chair Morrisette

Clarifies Dasch’s concerns.  Asks Tate to clarify that she believes there should be broader educational requirements.

132

Tate

Responds.  States concerns of the word “may” in the -3 amendments.

135

Berkobien

Re-explains the -2 amendments and the -3 amendments for SB 430.

140

Chair Morrisette

Comments on the -2 and -3 amendments regarding certain language that would be restored.

148

Dasch

Refers to section three (3) of the -3 amendments.  Explains concern.

155

Tate

Explains current requirements.  Remarks that the bill is needed.

173

Dasch

Addresses concern of  caregivers being in charge of facilities without proper training .

180

Chair Morrisette

Asks Dasch for her suggestions to SB 430.

182

Dasch

Responds.

184

Chair Morrisette

Asks Dasch how she would change the language to address her concerns of the bill.

185

Dasch

Answers question.

190

Chair Morrisette

Comments on addressing issues with all parties involved.

201

Sen. C. Starr

Comments on the intent of the bill.  Asks Grover why the bill should exclude anyone from attending training.

210

Simmons

Responds.

230

Tate

States agreement with Simmons’ response.  Elaborates.

260

Sen. C. Starr

Comments on the responsibility of resident managers.  States his support of SB 430 with the -2 amendments.

276

Dasch

Explains the concerns of families.

300

Chair Morrisette

Clarifies Dasch’s comments about substitute care givers.

310

Tate

Explains requirements for care givers.

330

Chair Morrisette

Close the public hearing and opens a work session on SB 430.

SB 430 – WORK SESSION

330

Sen. Kruse

MOTION:  Moves to ADOPT SB 430-1 amendments dated 3/15/05.

 

 

VOTE:  3-0-2

EXCUSED:  2 - Metsger, Monnes Anderson

 

Chair Morrisette

Hearing no objection, declares the motion CARRIED.

338

Sen. Kruse

MOTION:  Moves SB 430 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  3-0-2

EXCUSED:  2 - Metsger, Monnes Anderson

 

Chair Morrisette

Hearing no objection, declares the motion CARRIED.

SEN. MORRISETTE will lead discussion on the floor.

350

Chair Morrisette

Closes the work session on SB 430. Opens a public hearing on SB 443.

SB 443 – PUBLIC HEARING

 

Rick Berkobien

Committee Administrator.  Introduces the -5 amendments to SB 443 (EXHIBIT J).

385

Sen. Kruse

Explains the bill.

398

Chair Morrisette

Comments on the intent of SB 443.  Seeing no witnesses, closes the public hearing and opens a work session on SB 443.

SB 443 – WORK SESSION

410

Sen. Kruse

MOTION:  Moves to ADOPT SB 443-5 amendments dated 4/1/05.

 

 

VOTE:  3-0-2

EXCUSED:  2 - Metsger, Monnes Anderson

 

Chair Morrisette

Hearing no objection, declares the motion CARRIED.

420

Sen. Kruse

MOTION:  Moves SB 443 to the floor with a DO PASS AS AMENDED recommendation and the SUBSEQUENT REFERRAL to the committee on Ways and Means BE RESCINDED.

 

 

VOTE:  3-0-2

EXCUSED:  2 - Metsger, Monnes Anderson

 

Chair Morrisette

Hearing no objection, declares the motion CARRIED.

SEN. KRUSE will lead discussion on the floor.

TAPE 54, A

020

Chair Morrisette

Closes the work session on SB 443 and opens a public hearing on SB 605.

SB 605 – PUBLIC HEARING

 

Rick Berkobien

Committee Administrator.  Introduces the -3 amendments to SB 605 (EXHIBIT K).

025

Chair Morrisette

Seeing no witnesses, closes the public hearing and opens a work session on SB 605.

SB 605 – WORK SESSION

030

Sen. Kruse

MOTION:  Moves to ADOPT SB 605-3 amendments dated 3/30/05.

 

 

VOTE:  3-0-2

EXCUSED:  2 - Metsger, Monnes Anderson

 

Chair Morrisette

Hearing no objection, declares the motion CARRIED.

040

Sen. Kruse

MOTION:  Moves SB 605 to the floor with a DO PASS AS AMENDED recommendation and the SUBSEQUENT REFERRAL to the committee on Ways and Means BE RESCINDED.

 

 

VOTE:  3-0-2

EXCUSED:  2 - Metsger, Monnes Anderson

 

Chair Morrisette

Hearing no objection, declares the motion CARRIED.

SEN. BATES will lead discussion on the floor.

050

Chair Morrisette

Explains the process of the Ways and Means committee to the audience.

060

Sen. Kruse

Explains how bills can have a referral to the Ways and Means committee, but with amendments can have no fiscal impact.

061

Chair Morrisette

Comments on other circumstances.  Closes the work session on SB 605 and opens a public hearing SB 781.

SB 781 – PUBLIC HEARING

070

Rick Berkobien

Committee Administrator.  Explains the bill and introduces the -1 amendments to SB 781 (EXHIBIT L).

075

Chair Morrisette

Seeing no witnesses, closes the public hearing and opens a work session on SB 781.

SB 781 – WORK SESSION

080

Sen. Kruse

MOTION:  Moves to ADOPT SB 781-1 amendments dated 3/30/05.

 

 

VOTE:  3-0-2

EXCUSED:  2 - Metsger, Monnes Anderson

 

Chair Morrisette

Hearing no objection, declares the motion CARRIED.

090

Sen. Kruse

MOTION:  Moves SB 781 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  3-0-2

EXCUSED:  2 - Metsger, Monnes Anderson

 

Chair Morrisette

Hearing no objection, declares the motion CARRIED.

SEN. MORRISETTE will lead discussion on the floor.

100

Chair Morrisette

Closes the work session on SB 781. Adjourns the meeting at 3:37 p.m.

 

 

EXHIBIT SUMMARY

 

A.     Long-term Care Issues, fact sheet, Chad Martin, 1 p

B.     Long-term Care Issues, PowerPoint presentation, James Carlson, 11 pp

C.     Oregon Project Independence Modernization Act of 2005, informational packet, Jacqueline Zimmer, 23 pp

D.    Long-term care and Access to Prescription Drugs, written testimony, Alicia Juber, 4 pp

E.     Long-term care and Access to Prescription Drugs, written testimony, Terry Haydon, 2 pp

F.      SB 870, written testimony, Dolores Hubert, 2 pp

G.    SB 430, -3 amendments, staff, 1 p

H.    SB 430, -2 amendments, staff, 1 p

I.       SB 430, written testimony, May Dasch, 1 p

J.      SB 443, -5 amendments, staff, 2 pp

K.    SB 605, -3 amendments, staff, 1 p

L.     SB 781, -1 amendments, staff, 1 p