Senior issues newsletter [Vol. 32, No. 8 (Mar. 4, 2011)]

Senior Issues Newsletter

House and Senate Calendar
The House aHndouSesenaatendwilSl ceonnavteeneCMaloennddaya,rMarch 7th, at 1:00
pm for the 25th Legislative Day and will meet Monday, Tuesday, Thursday, and Friday this week.
Check http://www.legis.ga.gov/en-US/default.aspx for schedule.
Legislative Calendar through March 18th
This is a critical and busy week as legislators work to move bills through committee and onto the House or Senate floors for a vote before "Crossover Day." Crossover Day is the deadline for one chamber to send an approved bill to the other chamber for consideration. Legislation which has not "crossed over" will have to be considered next year (2012).
Monday, March 7, 1:00 p.m. - Day 25 Tuesday, March 8, 10:00 a.m. - Day 26 Thursday, March 10, 10:00 a.m. - Day 27 Friday, March 11, 10:00 a.m. - Day 28 Monday, March 14, 10:00 a.m. - Day 29 Wednesday, March 16, 10:00 a.m. - Day 30..."Crossover Day"
Update on CO-AGE Priority: Assisted Living: Creating Residential Options
Last week at the Capitol we saw a major step forward in the CO-AGE priority to create a level of care in our aging continuum called the "assisted living community" to serve persons needing more than the watchful oversight provided by the personal care home but less than the skilled care provided by nursing homes. When a person becomes non-ambulatory or in need of a bit higher level of care than watchful oversight, a personal care home is not permitted to retain that resident without a waiver from the Department of Community Health. For at least 16 years, advocates have been working to change that system so that more seniors can age in place. Last year, a similar assisted living bill (HB 850, Martin 47th) passed out of the House Health and Human Services committee but made it no further.
Monday, February 28th, two bills were dropped: House Bill 405 and Senate Bill 178. The House bill was subsequently modified to be identical to SB 178. These bills would create a new licensure category called the "assisted living community." A personal care home with 25 beds or more may (but would not be required to) apply for licensure to be an assisted living community. Medicaid funding would not be utilized for this licensure category. The assisted living community would also have to comply with provisions pertaining to "assisted self preservation" and "medication aides." Each bill was assigned to the respective Health & Human Services (H&HS) Committee.
On March 2nd, the House H&HS Committee met and added HB 405 at the last minute to the agenda for the meeting. Rep. Chuck Martin (47th) presented the bill, and several persons spoke to the Committee about it, including industry representatives such as the Georgia Health Care Association and their lobbyist, Rich Gardner of Arnall, Golden & Gregory, the Assisted Living Facility Association, as well as AARP, Aging Services of Georgia, and the Georgia Council on Aging. Rep. Sharon Cooper (41st), Chairman of the HH&S Committee, called the bill "historic," in that the industry groups had come together to create a compromise bill. The Committee also heard, however, that consumer advocates had not been included in the discussions or the drafting of the bill and that while they were generally in favor of the bill, there were still remaining concerns. Rep. Cooper asked that all the advocates be brought to the table to work out those concerns, recognizing that the bill would not be perfect or do everything, but would be a tremendous step in the right direction.
On March 3rd, the Senate H&HS Committee met, and Chairman Renee Unterman assigned SB 178 to the Health Care Delivery Subcommittee chaired by Senator Ligon. No testimony or discussion occurred on the bill at the full committee meeting.
The Senate H&HS Health Care Delivery Subcommittee (Chair Senator Ligon) will consider SB 178 on March 7, 9:00 a.m. in room 125 of the Capitol.
The House H&HS Committee will again discuss HB 405 on March 7 at 3:30 p.m. (606 CLOB).

Senior Issues Newsletter is a publication of the Georgia Council on Aging, the Senior Citizens Advocacy Project and the Georgia Gerontology Society. Volume 32, No. 8 March 4, 2011

The Budget Process
Budget tracking documents can now be found on both the Senate and House web pages at www.legis.ga.gov. These documents allow the reader to track original appropriations, the Governor's recommendations, the House decisions, the Senate recommendations, and then the recommendations which will be agreed upon in conference as the budget makes its way through the process.
Amended FY2011 Budget (HB 77)
Both the House and the Senate have voted to approve the Fiscal Year 2011 Amended budget. Both chambers included last-quarter funding for respite care and for the Center for Visual Impaired contract services. While there were few differences in the Senate budget, there was one item of concern to aging advocates: a $1.4 million cut to Department of Human Services Administration not found in the House version. Because DHS Administration includes the Division of Aging Services and transportation funding for seniors, such a cut could negatively impact service delivery.
Ordinarily, when the House version and Senate version of the budgets do not agree, the bill is sent to Conference Committee. It appears that this year, a compromise will be worked out without use of a Conference Committee. Advocates are hopeful that with the help of Senator Jack Hill and Senator Renee Unterman and the support of Governor Deal, the $1.4 million DHS cut will be restored in the final version.
Fiscal Year 2012 Budget
The House Appropriations Committee continues to work in subcommittees on the FY 2012 budget, and meetings are scheduled throughout the day on Tuesday, March 7th, to report out their recommendations. It is anticipated that the House will vote on the FY 2012 budget by Friday, March 11th.
Zero-Based Budgeting
Zero-Based Budgeting legislation is being favorably received this year. Currently, the budget process is considered "continuation" budgeting meaning that budgets carry forward from year to year and are amended based on actual revenues and expenditures. In very general terms, a zero-base budget would build a budget from zero dollar, and each agency would be required to include in their budget estimate an analysis summarizing past and proposed spending plans organized by program and revenue source at least every four years. During the 2010 session of the General Assembly, SB 1 passed the General Assembly but was vetoed by Governor Perdue. On January 27, the State Senate voted to override the veto by a vote of 52-0. SB 1 requires that in any given year the Governor's budget report includes zero-based budgeting for no more than one-third and no less than one-quarter of all programs.
The House has moved forward on another Zero-Base Budgeting bill (HB 33, Allison 8th and others). On March 4th, the House Budget and Fiscal Affairs Oversight Committee favorably reported a substitute version of HB 33.
SAVE THE DATES
Alzheimer's Awareness Day at the Capitol...March 15th, 9:00 am 3:00 pm
For more information go to http://www.kintera.org/site/pp.asp?c=gsJLK3PIJnH&b=5327071.
CO-AGE Meeting.....Thursday, April 28th at the South Georgia Technical College in Americus. (This meeting is rescheduled from April 14th.)
For more information, contact Eric Ryan, Georgia Council on Aging office: 404-657-5344 or joryan@dhr.state.ga.us.
Other Legislation of Interest to Seniors
HB 47. Sponsors: Ramsey (72nd), Meadows (5th), Maxwell (17th), Sheldon (105th), Peake (137th), Lindsey (54th). This bill authorizes out-of-state individual accident and sickness insurance policies, health insurance contracts that have been approved under other states' laws, to be sold in Georgia. Effectively, this bill would allow insurers to sell plans to Georgians that do not cover certain benefits that must be covered by plans licensed in Georgia. Favorably reported out of House Insurance Committee on February 24th.

HB 76. Sponsors: Kidd (144th), Powell (29th), Epps (140th), Maddox (127th), Williams (89th). Approved on February 24th by the House Economic Development & Tourism Committee as a pilot project only, this bill creates the Georgia Certified Retirement Community Program designed to attract retirees to Georgia and assist communities with developing and marketing senior living options.
HB 99. Sponsors: Clark (104th), Cooper, (41st), Sims (119th), Rynders (152nd), Parsons (42nd). This bill requires fingerprint record checks for applicants for licensure as a licensed practical nurse (L.P.N.). This bill passed the House 156-9 and has been referred to the Senate for consideration by the Senate Health & Human Services Committee. Registered Nurses already are subject to the background checks.
HB 103. Sponsor: Stephens (164th), Chairman of House Economic Development and Tourism Committee. This bill exempts food and food ingredients from local sales and use taxes, although the recent recommendations from the Special Council for Tax Reform would include a tax on groceries. In addition, Rep. Stephens introduced HR 81 which proposes an amendment to the Constitution so as to provide that the sale or use of food and food ingredients shall be exempt from the state sales and use tax or any local sales and use tax. Assigned to House Ways and Means Committee.
HB 214. Sponsors: Channell (116th), Parrish (156th), England (108th), Cooper (41st), Sheldon (105th). This bill creates a new Department of Public Health and removes the Division of Public Health from the Department of Community Health, the recommendation that emerged from a report issued on December 1, 2010 by the Public Health Commission pursuant to the legislation that restructured the Department of Human Resources in 2009. Public Health would become an independent, cabinet-level state agency, with the Commissioner reporting directly to the Governor and serving as the state's chief health officer. House of Representatives passed the bill 151-9, and the bill is now in the Senate.
HB 229. Sponsor: Cooper (41st). This bill prevents the Department of Community Health from overturning hearing officers' decisions. When the state denies a person Medicaid or refuses to approve services, the individual can request a fair hearing. An administrative law judge from the State Office of Administrative Hearings takes evidence from the individual, the agency, and other witnesses, reviews the law, and writes a decision. Currently, DCH can and does often issue a different decision in its own favor, requiring the individual to go to court to reinstate the administrative law judge decision. The bill is assigned to House Judiciary Committee.
HB 258. Houston (170th), Neal (1st), Oliver (83rd), Cooper (41st), Meadows (5th), Dempsey (13th). This bill expands the abilities and the requirements of personnel contracted with the Department of Behavioral Health and Developmental Disabilities when working with mentally ill persons.
HB 260. Sponsors Powell (29th), McCall (30th), Powell (171st), Epps (140th). This bill would, among other things, repeal the definition of a "qualified local government", would provide that comprehensive planning by local governments shall be optional and eliminate reviews of developments of regional impact. The Department of Community Affairs would provide planning assistance to local governments This change would potentially be of concern to advocates in aging because these comprehensive plans were a way that local governments could consider, and effectively plan for, their aging populations. The House Committee on Government Affairs will review the bill.
HB 275. Sponsors: Cheokas (134th), Cooper (41st), Carter (175th), Clark (104th), Harden (147th), Purcell (159th). This bill seeks to clarify the health care providers authorized to effectuate an order not to resuscitate (DNR), including a proxy caregiver. On March 4th, the House Health & Human Services Committee favorably reported a substitute version of the bill. Committee discussion primarily focused on how providers are made aware of a DNR order, including whether persons should be required to wear an orange bracelet signifying their DNR. Legislative Counsel drafted an amendment that such bracelets may be worn but DNRs must be prominently displayed in a written notice placed in the home.
HB 278. Sponsors Bearden (68th), Cooke (18th), Roberts (154th), Powell (29th), Clark (98th), Braddock (19th) would clarify the entitlement to nourishment or hydration of a person receiving health care. This bill would also amend the standard form of Georgia Advance Directive for Health Care to provide a presumption of hydration and nutrition if the intention of the patient is not known by the agent through other means. It is assigned to the House Human Relations & Aging Committee and was on the Agenda February 23rd but was postponed because a substitute bill is in progress.
HB 432. Sponsor Dempsey (13th) would allow families employed by firms with 10 or more workers to take earned sick leave to care for a spouse, child or parent. It is in House Industrial Relations.
HB 434. Sponsors: Dempsey (13th), Rynders (152nd) , Purcell (159th), Kaiser (59th), Sims (119th), Jerguson (22nd). This bill clarifies requirements for licensure in social work such that social workers may make diagnoses of individuals' conditions. Assigned to House Health and Human Services Committee.
HB 446. Sponsors Mitchell (88th). This bill would clarify the immunity of financial service employees who are acting in good faith to seek information to guard against fraud against elderly and disabled adults. Adult Protective Services, the Long Term Care Ombudsmen office and other advocates are analyzing this bill's impact on existing procedures and programs. The Judiciary Non-Civil Committee of the House of Representatives will consider the bill.
SB 1: Zero Based Budgeting (2009-2010 Legislative Session). See article above. On March 4th, the House Budget and Fiscal Affairs Oversight Committee favorably reported a substitute version of HB 33.

SB 17. Sponsors: Golden (8th), Goggans (7th), Shafer (48th): whereby the Governor will appoint a 16-member Special Advisory Commission on Mandated Health Benefits to study existing benefits and assess the social and financial impacts of certain mandated benefit requirements of Federal Health Care Reform (the Affordable Care Act). The Commission would be comprised of two citizen members, a physician, dentist, a chronic disease specialist, health care executives, a health insurer representative, the Georgia Association of Health Plans, a medical ethicist, and members of the subcommittees of the House and Senate responsible for health care and insurance. The full Senate passed the bill on February 24th (3216) and it is now assigned to the House Insurance Committee.
SB 63. Sponsor Albers (56th) directing DCH to require Medicaid providers to read patients' fingerprints at each visit passed out of a Senate Health and Human Services subcommittee on a 2-1 vote. State auditors say the project would cost at least $23.3 million the first year and $3.2 million annually thereafter. Their report lists other costs they could not quantify and also questions how much fraud the program could detect. SB 63 will be heard in full committee on Wednesday, 3/9, probably 10:00 a.m., Room 450 CAP.
SR 140. Proposes a Constitutional Amendment to dedicate $10 from the current vehicle registration fee to a trauma trust fund, to be established by the Legislature. If passed, the amendment would be placed on the 2012 ballot for ratification. The resolution is assigned to the Senate Finance Committee.
SB 196. Sponsor: Seabaugh (28th). This bill would exclude from the definition of "private home care provider" contractual arrangements with independent contractors; the Senate Health & Human Services Committee has been assigned the bill.
Department of Community Health Board: Next Meeting, March 10, 2011
Meets every 2nd Thursday of each month at 10:30 a.m. on the 5th Floor at 2 Peachtree.
Department of Human Services Board Meeting: Next Meeting, March 16, 2011
Meets every 3rd Wednesday of each month at 10:30 a.m. on the 29th Floor at 2 Peachtree.
Information about specific legislation: Georgia Council on Aging (404)657-5343. Bills and information about the General Assembly: www.legis.ga.gov/en-US/default.aspx.
Copies of bills: House Clerk's office (404)656-5015. You can watch the General Assembly and some Committee Hearings at http://www.gpb.org/lawmakers.
Watch GPTV's "Lawmakers" each evening at 7:00 pm to see the events of the day at the Capitol.