Long-Term Care Partnership
Senate Bill 22 by Sen. Jane Nelson (R-Lewisville) and Rep. Dianne
Delisi (R-Temple) creates a long-term care partnership program in
Texas as authorized by the federal Deficit Reduction Act. Texans
who purchase long-term care policies under this program will be
eligible for asset disregard up to the value of services covered by
the private policy should they ever apply for Medicaid long-term
care coverage. The Texas Health and Human Services Commission
(HHSC), in consultation with the Department of Aging and Disability
Services (DADS) and the Texas Department of Insurance (TDI), must
develop and implement a public awareness and education campaign.
The goal of the campaign is to educate the public about the cost of
long-term care; the limits of Medicaid eligibility and Medicare
benefits; and the value and availability of long-term care
insurance.
Advanced Directives Awareness
Senate Bill 27 authored by Senator Nelson and Representative Delisi
calls for education programs about advanced care directives within
nursing homes, for staff, residents, and residents' families. HHSC
is required to implement the program, and DADS is required to
report on its progress. The goal of the program is to increase the
number of advanced directives users from only 25 percent of the
population. SB 27 is effective immediately.
Personal Needs Allowance for Medicaid Patients Residing in
Long-Term Care Facilities
House Bill 52 by Rep. Norma Chavez (D-El Paso) and Sen. Chris
Harris (R-Arlington) increases the personal needs allowance from
$45 to $60 per month for Medicaid patients residing in nursing
homes and other long-term care facilities. Funding for the measure
is included within HB 1.
Nursing Home Family Councils
Senate Bill 131, authored by Sen. Royce West (D-Dallas), coauthored
by Sen. Carlos Uresti (D-San Antonio), Sen. Leticia Van de Putte
(D-San Antonio), and Sen. Judith Zaffirini (D-Laredo), and
sponsored by Rep. Elliott Naishtat (D-Austin), relates to the
creation of nursing home family councils. Councils, composed of
residents' family members and advocates from various statewide
elderly organizations, will be instituted Sept. 1, 2007. SB 131
also provides for unannounced inspections, effective Sept. 1, 2008.
Currently federal law already allows for creating nursing home
family councils.
Nursing Home Inspection
Senate Bill 344, by Sen. John Carona (R-Dallas), coauthored by Sen.
Robert Deuell, MD (R-Greenville), and sponsored by Rep. John Davis
(R-Houston), relates to regulation of nursing home inspections and
exit conference meetings after the inspection of a facility to
inform facility operators of any findings or violations. SB 344
requires DSHS to provide operators with a written notice of
specific findings, administer all exit conferences in person, and
allow operators to respond to violations with a plan of correction
to ensure full understanding and correction of the inspection
findings. SB 344 is effective Sept. 1, 2007.
Complaints Against Home- and Community-Based Caregivers
Senate Bill 744, by Sen. Kel Seliger (R-Amarillo) and coauthor
Senator Uresti and sponsored by Reps. Patrick Rose (D-Dripping
Springs) and Naishtat (was written to expand protection from
retaliation in the reporting of abuse or neglect). Legislation
already is in place to protect persons reporting abuse or neglect
from retaliation in hospitals, nursing homes, intermediate care
facilities for the mentally ill, and detoxification facilities. SB
744 extends this protection to persons, who in good faith, report
complaints about home and community-based caregivers. This bill is
effective immediately.
Elderly Drivers
House Bill 84, authored by Reps. Dan Branch (R-Dallas), Patricia
Harless (R-Spring), and Tony Goolsby (R-Dallas), and sponsored by
Senator Carona, restricts the Department of Public Safety from
renewing driver licenses of elderly persons. Those over 90 years of
age will not be able to renew their license without passing an
examination demonstrating their ability to control a motor vehicle.
HB 84 is effective Sept. 1, 2007.
Elderly Inmates
House Bill 429, authored by Rep. Jerry Madden (R-Richardson) and
sponsored by Senator Deuell, initiates a two-year study to see if
the state would realize a savings if elderly inmates are released
into the community on parole. The bill is in response to high
taxpayer cost for providing care to elderly inmates not eligible
for Medicare or Medicaid. HB 429 is effective Sept. 1, 2007.
Elderly Care
House Bill 1168, authored by Rep. Jose Menendez (D-San Antonio),
sponsored by Sen. Eliot Shapleigh (D-El Paso), relates to the
regulation of elderly care. Under current law, state agencies did
not have the authority to monitor elderly group homes. HB 1168
gives the Department of Aging and Disability Services the authority
to regulate licensure of these facilities by creating guidelines
and conducting unannounced inspections. HB 1168 is effective Sept.
1, 2007.
Long-Term Care TMA Staff Team:
Policy: Michael Reed and Donna Kinney
Legal: C.J. Francisco
Legislative: Greg Herzog
Overview
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Managed Care/Insurance Reform
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Scope of Practice
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Retail Health Clinics
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Responsible Ownership
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Corporate Practice of Medicine
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Health Care Funding
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Medicaid, CHIP, and the
Uninsured
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Public Health
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Border Health
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Mental Health
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Emergency Medical Services and
Trauma Care
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Rural Health
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Medical Science and Quality
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Physician Workforce, Licensure,
and Discipline
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Health Information Technology
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Prescription Drugs
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Workers' Compensation
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Abortion
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Franchise Tax Reform