SENATE BILL REPORT

SB 6107

BYSenator McDonald

Relating to social and health services.

Senate Committee on Ways & Means

Senate Hearing Date(s):

Senate Staff:Jan Sharar (786-7715)

AS OF APRIL 20, 1989

BACKGROUND:

Changes in the federal requirements through OBRA (Omnibus Budget Reconciliation Act of 1987) require the state modify current statutes with regard to regulations affecting sanctions, stop payments, license suspensions, revocations and receiverships. 

The shortage of licensed nursing staff in nursing homes has created a need for student and graduate nurses to be utilized to the fullest extent possible.  Supervised nursing students working and training in hospitals are currently allowed to provide medication to patients.  This same professional privilege, however, is not available in nursing homes.

SUMMARY:

Senate Bill 6107 was introduced by title only.

EFFECT OF PROPOSED SUBSTITUTE:

Graduate nurses and student nurses are permitted to administer medication to nursing home residents.

New rules are established for the Division of Aging and Adult Services to allow for denying a nursing home license to an applicant.  Sanctions imposed for violation of federal regulations are also revised to allow the Division of Aging and Adult services to order immediate closure of the home and/or immediate transfer of residents if an emergency exists affecting the health or safety of residents.  The department may deny payment for all Medicaid eligible individuals admitted after the nursing home has been cited for deficiencies and did not correct those deficiencies within three months, or if the home has been found in violation of standards of care on three consecutive surveys.  Monetary penalties are also established.

The department is given the authority to impose due process rights for stop placement and emergency transfer in nursing homes.

The process of dealing with nursing homes in receivership status is changed to reflect a need to maintain the smooth functioning of the nursing home and protection of its residents during the transfer of the home.

Technical changes are made in language authorizing nursing home post survey changes.

Reimbursable costs and fees for legal, accounting and bookkeeping services are established at an average of 85 percent over any of the preceding three annual cost report periods.  The division is allowed to purchase care in institutions for the mentally diseased by contract.  Nursing home applicants shall receive information on alternatives to nursing home care.

Appropriation:    none

Revenue:    none

Fiscal Note:      available