HCS HB 966 -- LONG-TERM CARE FACILITIES

SPONSOR:  Nance (Schoeller)

COMMITTEE ACTION:  Voted "do pass" by the Committee on Senior
Citizen Advocacy by a vote of 8 to 0.

This substitute changes the laws regarding long-term care
facilities.

FAMILY INVOLVEMENT POLICIES

The Department of Health and Senior Services is required to
strongly encourage long-term care facilities to institute
policies to encourage familial involvement in the well-being and
support of residents in long-term care facilities including
family conferences and meetings.

DISPUTE RESOLUTION PROCESS

The Missouri Informal Dispute Resolution Act is established which
requires the Department of Health and Senior Services to contract
with the federally designated Medicare Quality Improvement
Organization in the state to conduct informal dispute resolutions
(IDRs) for licensed long-term care facilities.  The IDR process
must constitute an informal administrative process but cannot be
a formal evidentiary hearing and must be used to determine if a
cited deficiency of a facility should be upheld.  The process
must include:

(1)  The incorporation by reference the provisions of federal
rules regarding the IDR process;

(2)  Notification by the department to the facility by certified
mail and the availability of an IDR and the IDR process within 10
working days of any deficiency found during an inspection survey.
The facility has 10 days after the receipt of the statement of
deficiencies to return a plan of correction to the department or
request in writing an IDR conference to refute the cited
deficiencies; and

(3)  Conducting an IDR conference by the quality improvement
organization (QIO) within 10 days of a requested IDR by a
facility.  The QIO must make a determination regarding the
resolution of the IDR within 10 days of the conference.  If the
deficiency is upheld, the facility will have 10 days after the
QIO determination is delivered to submit a plan of correction to
the department.

FISCAL NOTE:  No impact on state funds in FY 2010, FY 2011, and
FY 2012.

PROPONENTS:  Supporters say that the bill establishes a process
to allow an independent third party to conduct informal dispute
resolutions that will be an improvement on the current practices
to make it more fair and just.

Testifying for the bill were Representative Schoeller; Missouri
Association of Homes for the Aging; Christopher Wiltse, Missouri
Association of Homes for Aging; Richard Royer, Primaris; and
Missouri Health Care Association.

OPPONENTS:  There was no opposition voiced to the committee.

Missouri House of Representatives
95th General Assembly, 1st Regular Session
Last Updated November 17, 2009 at 9:26 am