Legislative Update

Long-Term Care & Medicaid

Bills Committee Last action Date
HB 1919 - Robinson - Assisted living facilities; cap on civil penalties. (H) Committee on Health, Welfare and Institutions

(S) Committee on Rehabilitation and Social Services
(G) Acts of Assembly Chapter text (CHAP0283)03/03/17
notes: Increases the aggregate amount of civil penalties that the Commissioner of the Department of Social Services may assess against an assisted living facility for noncompliance with the terms of its license from $10,000 per 24-month period to $10,000 per 12-month period.

HB 1946 - Peace - State Long-Term Care Ombudsman, Office of the; amends provisions related to Office. (H) Committee on Health, Welfare and Institutions

(S) Committee on Education and Health
(G) Acts of Assembly Chapter text (CHAP0460)03/13/17
notes: Amends provisions related to the Office of the State Long-Term Care Ombudsman (the Office) and its access to and handling of certain information and records to conform to federal requirements and remove ambiguities. The bill also prohibits interference with or retaliation or reprisals against (i) the Office or its representatives or designees for fulfillment of its functions, responsibilities, or duties or (ii) a person who in good faith complains or provides information to, or otherwise cooperates with, the Office or any of its representatives or designees. The bill requires the Commissioner for Aging and Rehabilitative Services to promulgate regulations regarding the investigation of allegations of interference, retaliation, or reprisals and the implementation of sanctions with respect to such interference, retaliation, or reprisals. The bill also requires the Department for Aging and Rehabilitative Services to put in place mechanisms to ensure that the Office may (a) analyze, comment on, and monitor the development and implementation of laws, regulations, and policies related to long-term care services and providers or to the health, safety, welfare, and rights of individuals receiving long-term care services; (b) recommend changes to such laws, regulations, and policies; and (c) provide information, recommendations, and the position of the Office of the State Long-Term Care Ombudsman to public and private agencies, legislators, media, and other persons regarding concerns of individuals receiving long-term care services.

HB 2304 - Orrock - Long-term care; requirements of Department of Medical Assistance Services. (H) Committee on Appropriations

(S) Committee on Finance
(G) Acts of Assembly Chapter text (CHAP0749)03/24/17
notes: Provides that the Department of Medical Assistance Services shall require all individuals who administer preadmission screenings for long-term care services to receive training on and be certified in the use of the Uniform Assessment Instrument; requires the Department to develop a program for the training and certification of preadmission screeners, develop guidelines for a standardized preadmission screening process, and strengthen oversight of the preadmission screening process to ensure that problems are identified and addressed promptly; requires the Department to make a number of changes to contracts for long-term care services provided by managed care organizations through the Medallion program; directs the Department to impose additional requirements related to submission of data and information by managed care organizations participating in the Medallion program; and requires the Department to implement a number of spending and utilization control measures in conjunction with managed care organizations participating in the Medallion program.
HB 2417 - Landes - Prepayment analytics; DMAS shall establish program relating to fraud prevention. (H) Committee on Appropriations

(S) Committee on Finance
(G) Acts of Assembly Chapter text (CHAP0750)03/24/17
notes: Directs the Department of Medical Assistance Services to establish a program to mitigate, through the use of prepayment analytics, the risk of improper payments to providers of services furnished under the state plan for medical assistance who commit fraud, abuse, or errors.
SB 974 - Lucas - Palliative care information and resources. (H) Committee on Health, Welfare and Institutions

(S) Committee on Education and Health
(G) Acts of Assembly Chapter text (CHAP0471)03/13/17
notes: Requires the Department of Health to make information about and resources on palliative care available to the public, health care providers, and health care facilities on its website.
SB 1008 - Hanger - Barrier crimes; clarifies individual crimes, criminal history records checks. (H) Committee for Courts of Justice

(S) Committee on Rehabilitation and Social Services
(G) Acts of Assembly Chapter text (CHAP0809)04/05/17
notes: Clarifies the individual crimes that constitute a barrier for (i) individuals seeking employment at nursing homes, home care organizations, hospices, state facilities, and private providers licensed by the Department of Behavioral Health and Developmental Services, community services boards, behavioral health authorities, assisted living facilities, adult day care centers, children's welfare agencies, family day homes approved by family day systems, and children's residential facilities; (ii) applicants for licensure, registration, or approval as assisted living facilities, child welfare agencies, or family day homes approved by family day systems; (iii) individuals with whom a local board of social services or child-placing agency is considering placing a child on an emergency, temporary, or permanent basis; (iv) foster and adoptive homes seeking approval from child-placing agencies; and (v) providers of adult services and adult foster care seeking approval by the Department of Social Services. The bill provides further that in all cases, in addition to convictions for any barrier crime, pending charges for and findings of not guilty by reason of insanity of any barrier crime also constitute such a barrier. The bill also adds certain offenses to the list of barrier crimes.
SB 1191 - Sturtevant - Assisted living facilities; cap on civil penalties. (H) Committee on Health, Welfare and Institutions

(S) Committee on Rehabilitation and Social Services
(G) Acts of Assembly Chapter text (CHAP0138)02/21/17
notes: Increases the aggregate amount of civil penalties that the Commissioner of the Department of Social Services may assess against an assisted living facility for noncompliance with the terms of its license from $10,000 per 24-month period to $10,000 per 12-month period.
SB 1434 - Wexton - Assisted living facilities and adult day care centers; background checks. (H) Committee on Health, Welfare and Institutions

(S) Committee on Rehabilitation and Social Services
(G) Acts of Assembly Chapter text (CHAP0201)02/23/17
notes: Allows licensed assisted living facilities and adult day care centers to continue to employ a person convicted of one misdemeanor barrier crime not involving abuse or neglect if five years have elapsed following the conviction.
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