S.F. No. 0089

Long term care choices.

 

Sponsored By:     Joint Labor, Health and Social Services Interim Committee

 

AN ACT relating to long term care and the Wyoming Medical Assistance and Services Act (Medicaid); modifying the Medicaid reimbursement formulas for nursing homes and other long term care facilities; modifying limitations on new nursing home construction; expanding the Medicaid home and community based waiver program; providing transition services; authorizing application to the federal government for Medicaid program long term care waivers; authorizing and regulating an adult foster home care system; authorizing alternative long term care pilot programs; granting rulemaking authority; requiring a report; providing appropriations; authorizing positions; and providing for an effective date.

 

1/8/2007    Bill Number Assigned

1/10/2007   S Received for Introduction

1/10/2007   S Introduced and Referred to S10

1/23/2007   S10 Recommended Amend and Do Pass

 

ROLL CALL

Ayes:  Senator(s) Aullman, Barrasso, Fecht, Hastert and Scott

Ayes 5    Nays 0    Excused 0    Absent 0    Conflicts 0

 

1/23/2007   S Rereferred to S02

1/29/2007   S02 Recommended Amend and Do Pass

 

ROLL CALL

Ayes:  Senator(s) Job, Meier, Nicholas, Peterson and Townsend

Ayes 5    Nays 0    Excused 0    Absent 0    Conflicts 0

 

1/29/2007   S Placed on General File

 

SF0089SS001/ADOPTED

That Substitute No. 1 be substituted for SF0089 and that Substitute No. 1 DO Pass.  SCOTT, CHAIRMAN

 


SF0089SS002/ADOPTED

 [TO SUBSTITUTE BILL No. 1]

Page 29-lines 9 through 14    Delete and renumber.

Page 29-line 16         Delete "(b)" insert "(a)".

Page 29–line 18         After "appropriated" delete balance of line and insert "one hundred fifty thousand dollars ($150,000.00)".

Page 29–line 22         Delete "(c)" insert "(b)".

Page 30-lines 11 through 15   Delete and renumber.

Page 30–line 17         Delete "(e)" insert "(c)".

Page 30-line 19         Delete "one million three" insert "four hundred ninety-two thousand eight hundred dollars ($492,800.00)".

Page 30-line 20         Delete.

Page 30-line 21         Delete "($1,372,069.00)"; delete "one million five" insert "five hundred seven thousand two hundred dollars ($507,200.00)".

Page 30-line 22         Delete.

Page 30-line 23         Delete "($1,541,647.00)".

Page 31-lines 2 through 5     Delete and renumber.

Page 31-line 7          Delete "(g)" insert "(d)".

Page 31-line 9          After "general fund" delete balance of line and insert "two hundred forty-six thousand four hundred dollars ($246,400.00) and two hundred fifty three thousand six hundred dollars ($253,600.00)".

Page 31-line 10         Delete.

Page 31-line 11         Delete through "($258,927.00)".

Page 31-lines 14 through 19   Delete and renumber.

Page 31-line 21         Delete "(j)" insert "(e)".

Page 31-line 22         Delete "two million dollars ($2,000,000.00)" insert "eight hundred fifty thousand dollars ($850,000.00)".

Page 32-lines 2 through 8     Delete and renumber.

Page 32-line 10         Delete "(m)" insert "(f)".

Page 32-line 13         Delete "six hundred twenty-seven" insert "ninety-four thousand eight hundred dollars ($94,800.00) and ninety-four thousand eight hundred dollars ($94,800.00)".

Page 32-lines 14 and 15 Delete.

Page 32-line 16         Delete "($353,940.00)".

Page 32-line 18         Delete "(n)" insert "(g)"; delete "Eleven (11)" insert "Two (2)".

Page 32-line 21         Delete "(o)" insert "(h)".

Page 32-line 23         Delete "two hundred fifty" insert "one hundred fifty thousand dollars ($150,000.00)".

Page 33-line 1          Delete through "($250,000.00)".  NICHOLAS, CHAIRMAN

 

SF0089SW002/FAILED

 [TO SUBSTITUTE BILL No. 1]

Page 29-lines 9 through 14    Delete the Second Senate Standing Committee Amendment (SF0089SS002/A) to these lines and further amend as follows:

Page 29-line 11         Delete and insert "two hundred thirty-five thousand four hundred fifty dollars ($235,450.00)".

Page 29-line 12         Delete "($470,900.00)"; delete "five hundred twenty-" insert "one hundred seventeen thousand, seven hundred twenty-five dollars ($117,725.00)".

Page 29-line 13         Delete through "($529,100.00)".

Page 29-line 16         Delete the Second Senate Standing Committee Amendment (SF0089SS002/A) to this line.

Page 29-line 22         Delete the Second Senate Standing Committee Amendment (SF0089SS002/A) to this line.

Page 30-line 17         Delete the Second Senate Standing Committee Amendment (SF0089SS002/A) to this line and further amend as follows:  delete "(e)" insert "(d)".

Page 31-line 7          Delete the Second Senate Standing Committee Amendment (SF0089SS002/A) to this line and further amend as follows:  delete "(g)" insert "(e)".

Page 31-line 21         Delete the Second Senate Standing Committee Amendment (SF0089SS002/A) to this line and further amend as follows:  delete "(j)" insert "(f)".

Page 32-line 10         Delete the Second Senate Standing Committee Amendment (SF0089SS002/A) to this line and further amend as follows:  delete "(m)" insert "(g)".

Page 32-line 18         Delete the Second Senate Standing Committee Amendment (SF0089SS002/A) to this line and further amend as follows:  delete "(n)" insert "(h)".

Page 32-line 21         Delete the Second Senate Standing Committee Amendment (SF0089SS002/A) to this line and further amend as follows:  delete "(o)" insert "(j)".  SCOTT

 

1/30/2007   S Passed CoW

 

SF0089S2001/ADOPTED

 [TO SUBSTITUTE BILL No. 1]

Page 8-line 9           Delete "42-6-119" insert "42-6-111".

Page 9-line 5           After "Wyoming" insert "in those counties in which consultative services are available".

Page 10-line 13         After "section." insert "The department shall waive this requirement in those counties in which consultative services are not available.".

Page 14-line 2          After "(a)" delete "Five (5)" insert "Three (3)".

Page 19-line 20         Delete "42-6-115" insert "42-6-108".

Page 20-line 7          After "levels by" insert "an amount up to".

Page 21-lines 4 through 14    Delete and renumber.

Page 21-line 16         Delete "(d)" insert "(c)".

Page 22-line 1          Delete "42-6-116" insert "42-6-109".

Page 22-line 6          After "to" delete "one hundred" insert "one hundred sixty-eight (168) slots.".

Page 22-lines 7 through 9     Delete.

Page 22-line 11         Delete "42-6-117" insert "42-6-110".

Page 22-lines 21 through 24   Delete and renumber.

Page 23-lines 1 and 2   Delete and renumber.

Page 23-line 4          Delete "42-6-119" insert "42-6-111".  SCOTT, NICHOLAS

 

SF0089S2002/ADOPTED  (CORRECTED COPY)

 [TO SUBSTITUTE BILL No. 1]

Page 1-line 12          Delete "eldercare".

Page 13-line 8          Delete "(a)".

Page 13-lines 16 through 21   Delete and renumber.

Page 13-line 23         Delete "eldercare" insert "long term care".

Page 16-line 13         Delete "the alternative" insert "innovative long term care approaches.".

Page 16-line 14         Delete.

Page 16-line 19         After "(a)" delete balance of line and insert "The department may initiate and license an adult foster care pilot project home subject to the following:".

Page 16-line 20         Delete.

Page 17-line 21         Delete "any" insert "the".

Page 17-line 22         Delete "a" insert "the".

Page 18-line 1          After "of" delete "a" insert "the"; after "require" delete "a" insert "the".

Page 18-line 17         Delete "an" insert "the".

Page 18-line 23         After "by" insert "the"; delete "homes" insert "home".

Page 19-line 10         Delete "a" insert "the".

Page 19-lines 16 through 18   Delete and renumber.

Page 25-line 10         After "section," insert "implement the formula developed pursuant to subsection (c) of this section or".

Page 28-line 12         Delete "program" insert "programs"; delete "42-6-105" insert "42-6-106 and 42-6-107".

Page 28-line 16         After "(g)" insert "If a plan amendment or waiver is granted pursuant to W.S. 42-6-111(a),".  MASSIE

 

1/31/2007   S Passed 2nd Reading

 

SF0089S3001/ADOPTED

[TO SUBSTITUTE BILL No. 1]

Page 16-line 19         In the Massie Second Reading Amendment (SF0089S2002/AC) to this line, after "pilot project" delete "home".

Page 17-line 18         Delete "." insert ";".

Page 17-after line 18   Insert and renumber:

"(vi)  The pilot program shall consist of no more than five (5) adult foster homes.  At least three (3) of the homes shall be in counties with a population of thirty thousand (30,000) or less.".

Page 17-line 21         Delete the Massie Second Reading Amendment (SF0089S2002/AC) to this line.

Page 17-line 22         Delete the Massie Second Reading Amendment (SF0089S2002/AC) to this line.

Page 18-line 1          Delete the Massie Second Reading Amendment (SF0089S2002/AC) to this line.

Page 18-line 17         Delete the Massie Second Reading Amendment (SF0089S2002/AC) to this line.

Page 18-line 23         Delete the Massie Second Reading Amendment (SF0089S2002/AC) to this line.  VASEY, SCOTT, MASSIE, MEIER

 

2/1/2007    S Passed 3rd Reading

 

ROLL CALL

Ayes:  Senator(s) Anderson, J., Aullman, Barrasso, Burns, Cooper, Decaria, Fecht, Hastert, Jennings, Job, Johnson, Massie, Meier, Mockler, Perkins, Peterson, Ross, Schiffer, Scott, Sessions, Vasey and Von Flatern

Nays:  Senator(s) Case, Coe, Geis, Hines, Nicholas and Townsend

Excused:  Senator(s) Peck

Conflicts:  Senator(s) Larson

Ayes 22    Nays 6    Excused 1    Absent 0    Conflicts 1

 

2/5/2007    H Received for Introduction

2/6/2007    H Introduced and Referred to H10

2/13/2007   H10 Recommended Amend and Do Pass

 

ROLL CALL

Ayes:  Representative(s) Esquibel, K., Gentile, Hallinan, Harvey, Iekel, Landon, Millin and Steward

Nays:  Representative(s) Lubnau

Ayes 8    Nays 1    Excused 0    Absent 0    Conflicts 0

 

2/13/2007   H Rereferred to H02

2/21/2007   H02 Recommended Amend and Do Pass

 

ROLL CALL

Ayes:  Representative(s) Berger, Harshman, Jones, Jorgensen, Petersen, Philp and Warren

Ayes 7    Nays 0    Excused 0    Absent 0    Conflicts 0

 

2/21/2007   H Placed on General File

 

SF0089HS001/ADOPTED  (TO ENGROSSED COPY)

Page 1-line 6           After "program;" delete balance of the line and insert "providing transition services;".

Page 1-lines 7 and 8    Delete entirely.

Page 1-line 9           Delete "care options;".

Page 1-line 12          Delete "an".

Page 1-line 13          Delete the line through "care;" insert "programs".

Page 2-line 3           Delete "42-6-119" insert "42-6-108".

Page 3-line 6           Delete "35-2-109 through 35-2-908" insert "35-2-901 through 35-2-912".

Page 3-lines 12 and 13  Delete entirely.

Page 3-line 15          Delete "(B)" insert "(A)".

Page 3-line 19          Delete "(C)" insert "(B)".

Page 3-line 20          Delete "35-2-908" insert "35-2-912".

Page 3-line 22          Delete "(D)" insert "(C)".

Page 4-line 2           Delete "(E)" insert "(D)".

Page 4-line 3           After "other" delete balance of the line and insert ";".

Page 4-lines 4 and 5    Delete entirely.

Page 4-line 7           Delete "(F)" insert "(E)".

Page 4-line 8           Delete "full bath" insert "bathroom".

Page 4-line 10          Delete "(G)" insert "(F)".

Page 4-lines 13 through 16    Delete entirely.

Page 4-line 18          Delete "(J)" insert "(G)".

Page 4-lines 22 through 24    Delete entirely.

Page 5-line 2           Delete "(M)" insert "(H)"; after "office" insert "space for a nurse"; after "house" insert ";".

Page 5-line 3           Delete entirely.

Page 5-line 5           Delete "(N)" insert "(J)".

Page 5-lines 8 through 10     Delete entirely.

Page 5-line 12          Delete "(P)" insert "(K)".

Page 5-line 15          Delete "(Q)" insert "(M)".

Page 5-lines 19 through 22    Delete entirely.

Page 6-lines 1 through 3            Delete entirely.

Page 6-line 5           Delete "(T)" insert "(N)"; delete "fully".

Page 6-lines 8 through 10     Delete entirely.

Page 6-line 12          Delete "(W)" insert "(O)".

Page 8-line 9           Delete "42-6-111" insert "42-6-108".

Page 8-line 16          Delete "changing" insert "expanding".

Page 8-line 17          After "emphasizing" insert "consumer choice and".

Page 8-line 18          After "alternatives" delete balance of the line and insert ".".

Page 8-line 20 through Page 13-line 17    Delete entirely.

Page 13-line 19   Delete "42-6-106" insert "42-6-104".

Page 13-line 20   Delete "program" insert "programs".

Page 14-line 6          After "The" insert "department, in consultation with the"; after "council" insert ",".

Page 14-line 16         Delete "at least".

Page 14-line 17         Delete "more" insert "resident-centered cultural change;".

Page 14-line 18         Delete entirely.

Page 14-line 20         Delete "at least".

Page 14-line 21         After "home" insert ", as defined in W.S. 42-6-102(a)(iii),".

Page 14-After line 23   Insert:

"(iv)  Fund one (1) study relating to the creation of an alternative eldercare home, as defined in W.S. 42-6-102(a)(iii), which shall require that the home:

(A)  Maintains residences as units independent from other facilities such that there is no physical connection or shared roof structures between houses;

(B)  Provides a secured exterior patio or garden with covered seating for each house accessible by all residents including those with wheelchairs and assistive devices;

(C)  Provides for locked storage of hazardous materials and control of kitchen access during high traffic periods of meal preparation and clean-up;

(D)  Provides a den in each house to accommodate television viewing and limited overnight guests;

(E)  Implements a self-managed work team approach to in-house and clinical support staffing.  Each house shall have its own core in-house staffing that is specific and dedicated to a single house;

(F)  Uses a home base facility for the clinical support team members that is outside and separate from the house; and

(G)  Maintains a lift free environment by providing ceiling lifts in each resident's bedroom and bathroom.".

Page 15-line 1          Delete "(iv)" insert "(v)".

Page 15-line 6          Delete "(v)" insert "(vi)".

Page 16-line 11         Delete "42-6-107" insert "42-6-105".

Page 17-line 11         Delete "all resident clients" insert "each resident client".

Page 19-line 11         After "project" delete balance of the line and insert ".".

Page 19-lines 12 through 14   Delete entirely.

Page 19-line 16         Delete "42-6-108" insert "42-6-106".

Page 20-line 4          Delete "nonhourly" insert "hourly".

Page 20-line 5          Delete "that" insert "the".

Page 20-line 6          After "prevailing" insert "rate for nonhourly services".

Page 21-line 10         Delete "42-6-109" insert "42-6-107".

Page 21-line 18         Delete "42-6-110" insert "42-6-108".

Page 21-line 20         Delete "why so many".

Page 21-line 21         After "Wyoming" delete balance of the line and insert "with respect to access, rates, administration of rules and regulations and their impact on providers and clients,".

Page 21-line 22         Delete "four (4) years".

Page 22-line 4 through Page 24-line 15    Delete entirely.

Page 24-line 20         Delete "new subsections" insert "a new subsection"; delete "and (g)".

Page 27-line 2          After "facility" delete balance of the line and insert "as defined in W.S. 42-6-102(a)(iii).".

Page 27-line 3          Delete line through "entity.".

Page 27-line 16         Delete "42-6-106 and 42-6-107" insert "42-6-104 and 42-6-105".

Page 27-lines 20 through 23   Delete entirely.

Page 28-lines 1 and 2   Delete entirely.

Page 30-line 6          After "administer" delete balance of the line and insert "programs".

Page 30-line 7          Delete "program".

Page 30-line 17         Delete "program" insert "programs".  LANDON, CHAIRMAN

 

SF0089HS002/ADOPTED  (TO ENGROSSED COPY)

Page 20-line 14         Delete "In".

Page 20-lines 15 through 22   Delete entirely.  PHILP, CHAIRMAN

 

SF0089HW001/ADOPTED  (TO ENGROSSED COPY)

Page 21-After line 8    Insert:

      "(d)  Consistent with approved budgets, the department shall make available a pool of state funds to meet transitional needs of clients moving from a more restrictive to a less restrictive environment in circumstances where Medicaid funds are not available due to federal restrictions.  If sufficient funds are available, these state funds may also be used to meet short term needs of clients seeking to avoid placements in more restrictive environments.  The department shall govern the expenditure of these funds though contracts, policies and rules and regulations as needed.".  LANDON, HARVEY

 

2/23/2007   H Passed CoW

 

SF0089H2001/ADOPTED  (TO ENGROSSED COPY)

Page 1-line 14          After "authority" insert "requiring a report;".

Page 19-After line 15   Insert:

"(f)  The department shall report to the joint labor, health and social services interim committee on the status of all adult foster care home pilot projects annually by October 1 of each year.  The report shall include:

      (i)  The location of each pilot project home;

      (ii)  The licensure status of each pilot project home;

      (iii)  The average number of adults receiving foster care in each home;

      (iv)  Both the total number of complaints and the number of complaints by pilot project home which were filed with the department and the number of complaints that were substantiated by the department;

      (v)  Both the total number of complaints and the number of complaints by pilot project home filed with the long term care ombudsman program and the number of complaints that were substantiated by the ombudsman program;

      (vi)  Both the total number of complaints and the number of complaints by pilot project home filed with adult protective services and the number of complaints that were substantiated by adult protective services;

      (vii)  The number of inspections conducted at each  pilot project home by the department, a public health nurse or a local health department and a summary of the findings for each visit.".  MEYER, ALDEN, MERCER  

 

2/26/2007   H Passed 2nd Reading

2/27/2007   H Passed 3rd Reading

 

ROLL CALL

Ayes:  Representative(s) Alden, Anderson, R., Bagby, Berger, Blake, Brechtel, Brown, Buchanan, Cohee, Craft, Davison, Diercks, Dockstader, Edmonds, Edwards, Esquibel, F., Esquibel, K., Gentile, Gilmore, Gingery, Goggles, Hallinan, Hammons, Harshman, Harvey, Iekel, Illoway, Jaggi, Jones, Jorgensen, Landon, Lockhart, Lubnau, Madden, Martin, McOmie, Mercer, Meyer, Miller, Millin, Olsen, Petersen, Philp, Quarberg, Samuelson, Semlek, Shepperson, Simpson, Slater, Steward, Teeters, Thompson, Throne, Wallis, Walsh, Warren, White, Zwonitzer, Dn. and Zwonitzer, Dv.

Excused:  Representative(s) Childers

Ayes 59    Nays 0    Excused 1    Absent 0    Conflicts 0

 

2/27/2007   S Did Concur

 

ROLL CALL

Ayes:  Senator(s) Anderson, J., Aullman, Barrasso, Burns, Case, Coe, Cooper, Decaria, Fecht, Geis, Hastert, Hines, Jennings, Job, Johnson, Larson, Massie, Meier, Mockler, Perkins, Peterson, Ross, Schiffer, Scott, Sessions, Townsend, Vasey and Von Flatern

Nays:  Senator(s) Nicholas

Excused:  Senator(s) Peck

Ayes 28    Nays 1    Excused 1    Absent 0    Conflicts 0

 

2/27/2007   Assigned Number SEA No. 0089

2/28/2007   S President Signed SEA No. 0089

2/28/2007   H Speaker Signed SEA No. 0089

3/15/2007   Governor Signed SEA No. 0089

3/15/2007   Assigned Chapter Number

 

Chapter No. 0219  Session Laws of Wyoming 2007.