Here are the top 5 legislative bills for the coming week.
LB737- introduced by Sen. Rountree would require a joint public hearing to evaluate the process of the Olmstead plan for individuals with disabilities. Currently the Olmstead plan is created by the department and overseen by an appointed committee, which has minimal impact on what goes into the official plan. This bill would require an annual public hearing between the HHS and Urban Affairs committees of the legislature to assess the progress of the Olmstead plan during the previous calendar year in the areas of housing, employment, education, community supports, and transportation, and potential legislative solutions. This hearing is set for February 18th with the Health and Human Services Committee.
LB1091- introduced by Sen. Bostar would provide requirements for the Department of Health and Human Services for long-term care clients with special needs under the medical assistance program. It creates a carve out that ensures long-term care clients with special needs under Nebraska's medical assistance program receive services in a manner that reflects the complexity and intensity of their medical conditions. The legislation recognizes that these individuals require a level of care that exceeds what is typically provided in standard nursing facilities, and therefore should not be subject to the utilization-management practices commonly used in capitated Medicaid managed care programs. Furthermore, LB1091 aims to preserve continuity, stability, and individualized oversight in the delivery of essential long-term care services by maintaining-fee-for-service reimbursement. This hearing is set for February 18th.
LB1057- introduced by Sen. Ballard would redefine adult day service in Nebraska. This would exclude community based waiver services provided by an entity certified as a specialized program under the DD Service Act or a PACE center. This will not make any changes to other community based adult day programs, but would create a separation from those providers under the DD waiver and our PACE providers. This hearing is set for February 18th.
LB1239- introduced by Sen. DeKay would state that a long-term care facility using an automated medication system shall not require a resident of the facility to obtain medication through the automated medication system and shall not restrict or impair the ability of a resident of the facility to obtain a medication from the pharmacy of the resident’s choice. While the ability to choose the pharmacy of their choice already exists, this bill would tighten these requirements to provide autonomy and choice to residents of long-term care. If passed, this may require a review of provider contracts with pharmacies as well as organizational policies surrounding pharmacy of choice. This could add to administrative cost of facilities, but would also support locally owned community pharmacies that residents may have used for years while larger corporate chains take over many rural Nebraska nursing homes. This hearing is set for February 25th.
LB958- introduced by M. Cavanaugh this bill would require the Department of Health and Human Services to obtain legislative approval for any changes to an existing 1915(c) Medicaid waiver, or new application, that proposed to cut or cap hours and services for persons with disabilities. It also defines nursing facility level of care as the inability to perform two or more activities of daily living without assistance. This would protect the changes to these waivers, such as those being proposed right now by the Department on the A&D and TBI waivers. This hearing is set for February 26th.
