Legislature(2009 - 2010)CAPITOL 106

04/14/2009 03:00 PM HEALTH & SOCIAL SERVICES


Download Mp3. <- Right click and save file as

* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ SB 32 MEDICAID:HOME/COMMUNITY BASED SERVICES TELECONFERENCED
<Bill Hearing Canceled>
+= HB 50 LIMIT OVERTIME FOR REGISTERED NURSES TELECONFERENCED
Moved CSHB 50(HSS) Out of Committee
+= HB 190 CHILDREN'S TRUST GRANT FOR ENDOWMENT TELECONFERENCED
Moved CSHB 190(HSS) Out of Committee
+= HB 71 ADVANCE HEALTH CARE DIRECTIVES REGISTRY TELECONFERENCED
Moved CSHB 71(HSS) Out of Committee
+ HB 126 FOSTER CARE/CINA/EDUCATION OF HOMELESS TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 188 TAX ON MOIST SNUFF TELECONFERENCED
Heard & Held
HB 71-ADVANCE HEALTH CARE DIRECTIVES REGISTRY                                                                                 
                                                                                                                                
3:06:07 PM                                                                                                                    
                                                                                                                                
CO-CHAIR KELLER announced that the  first order of business would                                                               
be HOUSE BILL NO. 71, "An  Act relating to a registry for advance                                                               
health care directives."                                                                                                        
                                                                                                                                
3:06:35 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON  moved  to adopt  the  proposed  Committee                                                               
Substitute  (CS)  for  HB  71,  Version  26-LS0289\P,  Bannister,                                                               
4/8/09, as the working document.                                                                                                
                                                                                                                                
3:06:48 PM                                                                                                                    
                                                                                                                                
CO-CHAIR KELLER objected for the purpose of discussion.                                                                         
                                                                                                                                
3:07:00 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HOLMES  said HB  71 would create  a way  to access                                                               
living wills  on line.   The changes  that would be  made through                                                               
Version  P are:   Two  sections of  the bill,  which would  allow                                                               
access  to records  by outside  agencies, would  be removed;  the                                                               
registry would  consist only of  names and scanned copies  of the                                                               
directives, thus creating less work  for the department; only the                                                               
individual whose living will is  in the database would be allowed                                                               
to ask  to have  that registry removed;  the department  would be                                                               
left to  regulate how  the registry would  be purged  of deceased                                                               
individuals; and the department  would be exempted from liability                                                               
in  the operation  and maintenance  of the  registry.   She noted                                                               
that there would  be upcoming amendments addressing  the issue of                                                               
purging the registry.                                                                                                           
                                                                                                                                
3:08:35 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HOLMES,  in response  to a question  from Co-Chair                                                               
Keller, stated that the individual  who has asked to have his/her                                                               
living will  put into  the registry  would not  be given  on line                                                               
access, but would be able to request  a copy at any time from the                                                               
department.   The on  line access would  be limited  to hospitals                                                               
and other  health care facilities.   Representative  Holmes added                                                               
that  the  guardian or  surrogate  would  also have  access  upon                                                               
request.                                                                                                                        
                                                                                                                                
3:09:15 PM                                                                                                                    
                                                                                                                                
BEVERLY  WOOLEY, Director,  Central  Office,  Division of  Public                                                               
Health,  Department   of  Health  and  Social   Services  (DHSS),                                                               
testified in  support of the  intent of  HB 71 to  provide health                                                               
directives  in   a  more  efficient  manner   across  the  state.                                                               
Initially, she  related, the division  anticipated that  the date                                                               
system required would  be much more robust;  however, the sponsor                                                               
has  amended the  bill  to the  point that  the  system would  be                                                               
simplified.   Ms. Wooley offered  examples of how  the department                                                               
would scan the  document brought in and  provide that information                                                               
to hospitals and  health care providers as needed.   That process                                                               
will be  worked out  through regulations and  care will  be taken                                                               
not to be in violation of HIPPA or any other requirements.                                                                      
                                                                                                                                
MS. WOOLEY said the fiscal note will  be scaled back.  One of the                                                               
changes  that will  be made  within  the department  would be  to                                                               
house  the responsibility  for this  process within  the area  of                                                               
Healthcare Services  versus Public Health.   The shift  would not                                                               
impact  the  bill,  she  noted.   Ms.  Wooley  relayed  that  the                                                               
administration's   position  on   the  proposed   legislation  is                                                               
neutral.                                                                                                                        
                                                                                                                                
3:11:36 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CISSNA  shared that she  has been in  the position                                                               
of  losing a  living will  when her  husband died,  and she  said                                                               
"this" could have  helped.  She spoke of the  process of changing                                                               
a living will  and questioned if there might be  an easier way to                                                               
do so.                                                                                                                          
                                                                                                                                
3:12:25 PM                                                                                                                    
                                                                                                                                
MS.  WOOLEY answered  that  the goal  will be  to  have the  most                                                               
accurate information available in  the timeliest manner possible.                                                               
The department has  been inquiring of other states  to learn from                                                               
their mistakes.                                                                                                                 
                                                                                                                                
3:13:10 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON asked  if other forms would  be accepted by                                                               
the department.                                                                                                                 
                                                                                                                                
3:13:39 PM                                                                                                                    
                                                                                                                                
MS.  WOOLEY responded  that the  department will  not be  able to                                                               
take in  forms indiscriminately, because  it will have  to follow                                                               
the Health  Insurance Portability and Accountability  Act (HIPAA)                                                               
requirements.  The  department will have to ensure  that the form                                                               
that  is  provided provides  the  department  with the  necessary                                                               
release  of that  information in  a  legally sound  manner.   The                                                               
forms must  be either  generated or  approved by  the department,                                                               
she said.                                                                                                                       
                                                                                                                                
3:14:19 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  asked if the department's  form would take                                                               
precedent over any form filed at a later date.                                                                                  
                                                                                                                                
3:15:39 PM                                                                                                                    
                                                                                                                                
MS. WOOLEY replied that she is  not sure, but that the final date                                                               
would  be the  one that  must be  adhered to.   The  department's                                                               
intent  would be  to ensure  that  the person's  wishes "at  that                                                               
time" are the  wishes that would be carried out.   The department                                                               
would work  with its legal  department to ensure  that situations                                                               
are clearly outlined.                                                                                                           
                                                                                                                                
3:16:33 PM                                                                                                                    
                                                                                                                                
CO-CHAIR KELLER expressed  his wish that the  process through the                                                               
department would be as timely.                                                                                                  
                                                                                                                                
3:17:39 PM                                                                                                                    
                                                                                                                                
MS. WOOLEY concurred.                                                                                                           
                                                                                                                                
3:18:15 PM                                                                                                                    
                                                                                                                                
MARIE  DARLIN,   Coordinator,  AARP  Capital  City   Task  Force,                                                               
testified in  support of HB  71.  She characterized  the proposed                                                               
legislation as  the next  step in  improving "what  we've already                                                               
done with the advance directives."                                                                                              
                                                                                                                                
3:19:41 PM                                                                                                                    
                                                                                                                                
CO-CHAIR KELLER  removed his objection.   There being  no further                                                               
objection, Version P was before the committee.                                                                                  
                                                                                                                                
3:20:05 PM                                                                                                                    
                                                                                                                                
CO-CHAIR HERRON moved to adopt  Amendment A, which read [original                                                               
punctuation provided]:                                                                                                          
                                                                                                                                
     Page 2, line 29 & 30                                                                                                       
          After "registry":                                                                                                     
          Delete "and return it to the individual who                                                                           
     made the directive"                                                                                                        
                                                                                                                                
     Page 3, line 4                                                                                                             
          After "file"                                                                                                          
               Delete ", return,"                                                                                               
                                                                                                                                
The committee took an at-ease from 3:20 p.m. to 3:21 p.m.                                                                       
                                                                                                                                
3:21:25 PM                                                                                                                    
                                                                                                                                
CO-CHAIR KELLER objected for the purpose of discussion.                                                                         
                                                                                                                                
3:21:52 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HOLMES  explained that  Amendment A  was requested                                                               
by DHSS,  and that it  would remove the  burden on DHSS  to store                                                               
and return the physical hard copy of the directives.                                                                            
                                                                                                                                
3:22:27 PM                                                                                                                    
                                                                                                                                
CO-CHAIR KELLER removed his objection.                                                                                          
                                                                                                                                
3:22:35 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON objected for the purpose of discussion.                                                                   
                                                                                                                                
3:22:58 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HOLMES,  in  response to  Representative  Seaton,                                                               
explained that  the intent  of the  bill is  that the  person who                                                               
gives the  directive to the department  would be the only  one to                                                               
rescind it, but that copies of  that directive could be given out                                                               
to  that  person  or  "agent,   guardian,  or  surrogate  of  the                                                               
individual who made the directive."                                                                                             
                                                                                                                                
3:24:07 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON removed  his  objection.   There being  no                                                               
further objection, Amendment A was adopted.                                                                                     
                                                                                                                                
CO-CHAIR HERRON moved to adopt  Amendment B, which read [original                                                               
punctuation provided]:                                                                                                          
                                                                                                                                
     Page 3, line 14                                                                                                            
          After "criteria":                                                                                                     
           Insert "and procedures for the collection,                                                                           
     storage, access, distribution, removal and disposal of                                                                     
     directives from the registry"                                                                                              
                                                                                                                                
3:24:25 PM                                                                                                                    
                                                                                                                                
CO-CHAIR KELLER objected for the purpose of discussion.                                                                         
                                                                                                                                
REPRESENTATIVE  HOLMES  explained  that  Amendment  B  would  add                                                               
specifications that were requested by the department.                                                                           
                                                                                                                                
3:25:11 PM                                                                                                                    
                                                                                                                                
CO-CHAIR KELLER  removed his objection.   There being  no further                                                               
objection, Amendment B was adopted.                                                                                             
                                                                                                                                
3:25:34 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  HERRON moved  to report  CSHB 71,  Version 26-LS0289\P,                                                               
Bannister, 4/8/09,  as amended, out of  committee with individual                                                               
recommendations and  the accompanying fiscal notes.   There being                                                               
no objection,  CSHB 71 (HSS)  was reported from the  House Health                                                               
and Social Services Standing Committee.                                                                                         
                                                                                                                                
The committee took an at-ease from 3:25 p.m. to 3:26 p.m.                                                                       
                                                                                                                                

Document Name Date/Time Subjects
Backup.PDF HHSS 4/14/2009 3:00:00 PM
HB 126
Backup - Ca. study.PDF HHSS 4/14/2009 3:00:00 PM
HB 126
Sponsor Statement.PDF HHSS 4/14/2009 3:00:00 PM
HB 126
Sectional.PDF HHSS 4/14/2009 3:00:00 PM
HB 126
CS Version C.PDF HHSS 4/14/2009 3:00:00 PM
HB 126
CS version P.PDF HHSS 4/14/2009 3:00:00 PM
HB 126
Departments Affected.PDF HHSS 4/14/2009 3:00:00 PM
HB 126
Local Educational Agency Requirements.PDF HHSS 4/14/2009 3:00:00 PM
HB 126
Newspaper article.PDF HHSS 4/14/2009 3:00:00 PM
HB 126