Bill Summary for Bill Number SB09-134

Date: 02/12/2009

Final
BILL SUMMARY for SB09-134

SENATE COMMITTEE ON HEALTH AND HUMAN SERVICES

Votes: View-->	Action Taken:
Refer Senate Bill 09-134 to the Committee of the W Reverse the previous roll call vote and postpone i	FAIL Pass Without Objection

04:55 PM -- Senate Bill 09-134

Senator Renfroe introduced Senate Bill 09-134. The bill allows a community residential home that provides services to people with developmental disabilities to be licensed as multiple community residential homes for the purposes of applying for and receiving federal and state benefits. Two letters of support were distributed to the committee (Attachments K and L). Senator Renfroe described the circumstances that led him to introduce the bill, explaining that there is a facility in his district that serves individuals with individuals with developmental disabilities, and that the facility was reclassified from a group home to an assisted living facility in the previous year. This reclassification affected the resident's ability to qualify for food stamps. He explained that he couldn't change the facility's eligibility for food stamps as that program is a federal program, but he was attempting to reclassify the facility's regulatory status so that it could again qualify for food stamps. He stated that concerns had been raised regarding the bill and whether or not the bill promotes the use of institutions for individuals with developmental disabilities. Senator Carroll asked why, if the goal of the bill was to allow residents of the facility to receive food stamps, the bill changes licensing and other provisions. He responded to questions from Senator Boyd regarding the involvement of the residents of the facility in his district in the community.

05:02 PM -- John Miles, Department of Human Services, raised concerns regarding the bill. He stated that the bill creates unintended consequences, and that the bill does not limit the total number of buildings within the same compound that could be licensed. Mr. Miles stated it would be hard to meet federal Medicaid waiver requirements regarding inclusion for individuals within the community when the bill concerns the use of "compounds" and congregate settings. Mr. Miles stated that a large number of individuals who are living in a congregate setting could create a risk for the community. Mr. Miles explained that about 90 percent of funding for services for individuals with developmental disabilities is through Medicaid waivers. He stated that the bill is inconsistent with other provisions of statute concerning services for persons with developmental disabilities. He responded to questions from Senator Schultheis regarding whether the issues with the bill could be addressed given more time. Senator Newell asked if there were other ways that the food stamp issue could be addressed, and Mr. Miles responded that if the facility used funding sources other than federal Medicaid money, it may be possible. Senator Morse spoke regarding the interconnected nature of statutes governing services for people with developmental disabilities.

05:13 PM

Senator Boyd drew the committee's attention to a letter of opposition for the bill (Attachment M). Senator Renfroe responded to questions from Senator Schultheis regarding Mr. Miles' testimony. Senator Renfroe stated that he thought the state would be better if it chose not to accept federal money for services for individuals with developmental disabilities because of the complex requirements associated with the funding. Various committee members commented on the bill.


BILL:	SB09-134
TIME:	05:20:52 PM
MOVED:	Schultheis
MOTION:	Refer Senate Bill 09-134 to the Committee of the Whole. The motion failed on a 2-5 roll call vote, with one member excused.
SECONDED:
		VOTE
	Carroll M.	No
	Lundberg	Yes
	Mitchell	Excused
	Morse	No
	Newell	No
	Schultheis	Yes
	Tochtrop	No
	Boyd	No

Not Final YES: 2 NO: 5 EXC: 1 ABS: 0 FINAL ACTION: FAIL


BILL:	SB09-134
TIME:	05:21:44 PM
MOVED:	Tochtrop
MOTION:	Reverse the previous roll call vote and postpone indefinitely Senate Bill 09-134. The motion passed without objection.
SECONDED:
		VOTE
	Carroll M.
	Lundberg
	Mitchell	Excused
	Morse
	Newell
	Schultheis
	Tochtrop
	Boyd

Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection