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Minutes for HB2590 - Committee on Health and Human Services
Short Title
Review of state long-term care ombudsman program and activities and access to certain records.
Minutes Content for Tue, Feb 6, 2018
The Chairperson opened the hearing on HB2590.
Norm Furse, Revisor Emeritus, Office of Revisor of Statutes, briefed the committee on the bill and said that it relates to the state long-term care ombudsman. He further stated that the ombudsman is an advocate for persons in facilities (adult care homes) throughout the state, and that the bill provides for clarification and additions relating to the powers and duties of the ombudsman, with additional conditions on the appointments to the office, with some definition clarification in the act, and allows enhanced access to records and documents for a volunteer ombudsman (Attachment 3).
Proponents:
Barbara Hickert, State Long-Term Care Ombudsman, testified in favor of HB2590 which would update the Kansas Long-Term Care Ombudsman Act. She said the purpose of these changes is, not only, to align Kansas statutes with federal law and regulation, but also with our policies and with ombudsman practices (Attachment 4).
Mitzi McFatrich, Executive Director, Kansas Advocates for Better Care, advocated for the State Long Term Care Ombudsman Office and program, because she says it plays an important roll in advocating for individual residents, as well as in defining areas of deficit or for improvement and making recommendations related to State long-term care policies and services, elder abuse, neglect, and exploitation, and the rights of residents in licensed adult care homes (Attachment 5).
Opponents:
Cindy Luxem, President, KS Healthcare Associaton/Kansas Center for Assisted Living, advised the committee that the Kansas Health Care Association is opposing HB2590, the Ombudsman bill for several reasons (Attachment 6).
Rachel Monger, Vice President, Government Affairs, LeadingAge Kansas, said she was appearing before the committee in opposition to HB2590, because of the scope of power and authority granted to the Office of the State Long Term Care Ombudsman. She said they did not have the opportunity to discuss the bill with the Kansas Department for Aging and Disability Services, and it seems clear that the intent behind the bill is to adjust state law to reflect changes made last year to the Federal regulations governing long term care ombudsmen; however, she said there are two sections of the bill that expand the scope of authority of the ombudsman office far beyond anything contemplated in federal regulation (Attachment 7).
Neutral:
No Neutral parties appeared before the committee.
Proponents written:
The following conferee provided proponent written testimony:
Craig Kaberline, Commissioner on Aging, Kansas Department for Aging & Disability Services (Attachment 8).
Opponent or Neutral written:
There was no opponent or neutral written testimony was submitted.
After a short question and answer period, the Chairperson closed the hearing on HB2590.
