Wasn’t that the headline last week? Legislators hit deadlines this week for bill requests and introductions, so we saw a flurry of new bills pop up in committee. The pace on hearings and committee votes also picked up as the mid-point of the session looms. The mid-point of the session is called Turnaround, and if bills don’t advance past certain milestones by Turnaround they are considered dead for the rest of the session. Except nothing is ever dead in the statehouse. You know what? We’ll talk about it when we get there.
Read on for the details on another survey hearing, an attempt to expand ombudsman powers, a compromise on electronic monitoring, a second round on national background checks, and a surprising bill on antipsychotic use.
And don’t forget to join our weekly policy call every Friday at noon! Hit reply to ask Rachel for the call-in info.
Senate Hears Survey Issues
Tuesday morning, the Senate Public Health and Welfare Committee heard testimony from providers and advocacy groups on nursing home survey issues. This was the fourth legislative committee to invite us to share information on the survey system problems in Kansas over the last two years. Joe Ewert, Vice President of Health Services at Brewster Place, and Treva Gresar, Executive Director of Schowalter Villa gave testimony to the committee on behalf of LeadingAge Kansas. They did a truly amazing job of sharing their thoughts and experiences on enforcement issues, as well as ideas on where the process should go in the future. Because there also happened to be a LeadingAge Kansas Board of Directors Meeting in Topeka that day, we also filled the audience with board members as well as a special appearance by former board member Charlotte Rathke. It’s hard to express how brightly Joe and Treva shined in that committee hearing, and I hope that you will give them many thanks the next time you see them.
Read testimony from Joe Ewert and Treva Gresar.
Read letters to the Committee from Reverend Eric Massanari and Blair Loganbill of Kidron Bethel Village.
Long Term Care Omdudsman Bill Challenged in Committee
Tuesday afternoon, the House Health and Human Services Committee heard House Bill 2590, a bill that would greatly expand the powers of the office of the long term care ombudsman. The main proponent of the bill, Long-Term Care Ombudsman Barb Hickert stated that the bill is intended to match Kansas ombudsman statutes to the federal regulatory changes made to the ombudsman program in 2016.
As outlines in the opposition testimony from LeadingAge Kansas, the language of HB 2590 actually expands the powers of the ombudsman program far beyond anything contemplated at the federal level. As written, the bill would give the ombudsman a greater power than law enforcement and the attorney general to investigate activities of resident representatives that the ombudsman’s office felt were not good for a resident. The bill would also allow a volunteer ombudsman to access any record in the possession of the facility, which would include internal company documents, as long as the volunteer felt it necessary and relevant in their assistance to a resident.
Committee members were very concerned about the contents of the bill, and it is highly unlikely the bill will move out of committee without serious revision.
Amendments and Compromise on Electronic Monitoring Bill
The Senate Public Health and Welfare Committee voted to pass HB 2232 out of committee Wednesday morning. But not before two amendments and a compromise between provider and consumer groups. The committee voted unanimously to approve an amendment from LeadingAge Kansas requiring any recording admitted into evidence in a judicial or administrative proceeding be whole and unedited.
A surprise amendment was introduced by Sen. Barbara Bollier to remove the requirement in the bill to post a notice outside of a resident room where electronic monitoring is occurring. LeadingAge Kansas explained to the committee that room notice requirements was a condition of our support of the bill last year, and we would no longer be able to support the bill if it was removed by the committee. We explained the many legal and ethical reasons why a room notice is necessary. Supporters of the bill were not interested in legal and ethical issues. They were much more interested in an argument put forth by the ombudsman and consumer groups that if there is a notice sign outside the resident’s room, the predators roaming the halls of the nursing home will just pick the room without a notice, and that’s unfair. (Feel free to email committee members your thoughts on this issue.) Fearing that the bill was going to fall apart and lose support, Committee Chair Sen. Vicki Schmidt proposed a compromise on the notices. If a resident in the facility opts for electronic monitoring, then a notice has to go outside every resident door stating that recording may be in progress. We did not oppose the compromise because it technically meets our legal and ethical concerns around recording notices. The bill passed out of committee with the new amendment. (Please feel free to email me with your thoughts on the issue.)
Second Hearing on National Background Checks
A second hearing was held Thursday morning in the House Federal and State Affairs committee on HB 2427, which establishes national background check requirements for adult care home employees. Last session LeadingAge Kansas opposed the bill due to concerns about fees and extending employment bans to misdemeanor convictions. Last Friday, we reached a compromise with KDADS and the Attorney General’s Office, and changed our testimony to be in support of HB 2427 if the agreed upon amendments were adopted by the committee. The bill may get a committee vote next week.
Bill Requiring “Informed Consent” for Antipsychotic Drugs
Ten members of the House Children and Seniors Committee sponsored the introduction of House Bill 2704, which would greatly restrict an adult care home resident’s access to antipsychotic drugs unless strict and detailed requirements for informed consent are satisfied by the physician or other prescriber. Although we believe the bill was brought forth with good intent, LeadingAge Kansas has grave concerns about the harm that will result to many residents if the bill is passed. The bill will also be strongly opposed by physician groups and liability insurance companies.
We encourage you to look at HB 2704, and to share it with your medical directors and other prescribers. If you or your physicians feel inclined to share your views on the bill, or on the antipsychotics issue in general, below you will find links to the legislators supporting HB 2704.
Bill Tracker
SB 195 and HB 2508 Requires KDHE to suspend (rather than terminate) medicaid eligibility for persons in a state hospital, nursing facility for mental health, or a correctional facility
SB 300 and HB 2507 Prohibits major changes to the Medicaid program without the consent of the legislature, instructs KDHE to withdraw its KanCare 2.0 application to CMS, and instead apply for a one year extension of current KanCare
SB 312 Licensure of dental therapists
HB 2427 Amends background checks in adult care homes to require fingerprinting, increases fees, and adds various new misdemeanor and felonies to the exclusion list
HB 2232 Electronic monitoring in adult care homes
HB 2458 Expands the type of crimes that qualify as mistreatment of a dependent adult or elder person
HB 2496 Nurse licensure compact establishing a multi-state license category
HB 2512 Establishes the Kansas telemedicine act
HB 2590 Changes to the long term care ombudsman program
HB 2704 Informed consent requirements for antipsychotic drugs
SCR 1609 Constitutional amendment limiting the authority to close schools to locally elected boards of education
