82nd Legislative Session _ 2007

Committee: Senate Health and Human Services
Monday, January 22, 2007

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Gant
P    Hansen (Tom), Chair
P    Jerstad
P    Katus
P    Olson (Ed)
P    Two Bulls
P    Dempster, Vice-Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Chair Hansen

MOTION:     TO APPROVE THE MINUTES OF JANUARY 19,2007

Moved by:    Dempster
Second by:    Jerstad
Action:    Prevailed by voice vote.

          SB 15: require certain immunizations for students attending postsecondary educational institutions.

Presented by:    Gail Gray, Division of Health and Medical Services
Proponents:    Jim Shekleton, SD Board of Regents
        Kenneth Senger, SD Assn. Of Healthcare Organizations
Opponents:    Mitch Richter, Technical Institutes

MOTION:     DEFER SB 15 UNTIL JANUARY 24, 2007

Moved by:    Jerstad
Second by:    Katus

Action:    Prevailed by voice vote.

         SB 64: revise certain provisions regarding the consideration of assets for the purpose of long term care eligibility.

Presented by:    Deb Bowman, Dept of Social Services
Proponents:    Kenneth Senger, SD Assn. Of Healthcare Organizations
        Mark Deak, SD Health Care Assn.

MOTION:     AMEND SB 64

64ja
     On the printed bill, delete everything after the enacting clause and insert:

"
     Section  1.  That § 28-6-3.1 be amended to read as follows:
     28-6-3.1.   Any real or personal assets disposed of by an individual, the individual's spouse, or other person acting on behalf of or at the request of the individual, applying for or receiving Title XIX medical assistance for long-term care and home and community based services through the Department of Social Services at less than fair market value, at any time on or after a look back date as defined in this section, are presumed to be assets to the fullest extent allowable for federal financial participation when determining eligibility.

     The look back date is a date thirty-six months prior to the first date on which the individual is both institutionalized and has applied to the Department of Social Services for long-term care medical assistance, or in If the asset was disposed of prior to February 8, 2006, and was not a trust or similar legal device, the look back date is a date thirty-six months prior to the first date on which the individual is both institutionalized and has applied to the Department of Social Services for long-term care medical assistance. If the asset was disposed of after February 7, 2006, the look back date is a date sixty months prior to the first date on which the individual is both institutionalized and has applied to the Department of Social Services for long-term care medical assistance. In the case of a trust or similar legal device that is treated as an asset disposed of at less than fair market value, the look back date is a date sixty months prior to the first date on which the individual is both institutionalized and has applied to the Department of Social Services for long-term care medical assistance.
     The Department of Social Services shall promulgate rules, pursuant to chapter 1-26, to determine eligibility for medical assistance for long-term care which shall relate to the following areas:
             (1)      The period of ineligibility when real or personal assets are given away or sold at less than fair market value;
             (2)      Exemptions; and
             (3)      Such other standards and requirements as may be necessary for federal financial participation. "

Moved by:    Olson (Ed)
Second by:    Dempster
Action:    Prevailed by voice vote.

 MOTION:     DO PASS SB 64 AS AMENDED

Moved by:    Olson (Ed)
Second by:    Jerstad
Action:    Prevailed by roll call vote.(7-0-0-0)

Voting Yes:    Gant, Hansen (Tom), Jerstad, Katus, Olson (Ed), Two Bulls, Dempster

          SB 65: revise certain provisions regarding the reimbursement for medical assistance made by certain insurers to the state.

Presented by:    Ellen Blauert, Department of Social Services

MOTION:     AMEND SB 65

65ja
     On page 1 of the printed bill, delete lines 5 and 6 , and insert "58-12-23. Notwithstanding any other provision of a health benefit plan, health insurance policy, plan, contract, or certificate, an insurer shall recognize that an application for medical".

     On page 2 , delete lines 8 to 10 , inclusive, and insert "58-12-24. Notwithstanding any other provision of a health benefit plan, health insurance policy, plan, contract, or certificate, that is issued, entered into, or renewed after July 1, 2005, no insurer may refuse to".

     On page 2 , line 16, after " sought " insert " , ".

Moved by:    Olson (Ed)
Second by:    Dempster
Action:    Prevailed by voice vote.

 MOTION:     DO PASS SB 65 AS AMENDED

Moved by:    Dempster
Second by:    Olson (Ed)
Action:    Prevailed by roll call vote.(7-0-0-0)

Voting Yes:    Gant, Hansen (Tom), Jerstad, Katus, Olson (Ed), Two Bulls, Dempster


         SB 18: revise the chiropractic scope of practice.

Presented by:    Marcia Walter, SD Board of Chiropractic Examiners
Proponents:    Tim Dougherty, SD Physical Therapy Assn.
        Michael Demersseman, Occupational Therapists Of South Dakota

MOTION:     AMEND SB 18

18ja
     On page 1, line 9 of the printed bill, after " manipulation " insert " , adjustment, and mobilization of a joint ".

     On page 1 , line 9, delete " Manipulation is a procedure that is performed by " .

     On page 1 , delete lines 10 to 14 , inclusive.

     On page 1 , line 15, delete " range of motion. " .

Moved by:    Dempster
Second by:    Olson (Ed)
Action:    Prevailed by voice vote.

 MOTION:     DO PASS SB 18 AS AMENDED

Moved by:    Olson (Ed)
Second by:    Dempster
Action:    Prevailed by roll call vote.(7-0-0-0)

Voting Yes:    Gant, Hansen (Tom), Jerstad, Katus, Olson (Ed), Two Bulls, Dempster

 MOTION:     ADJOURN

Moved by:    Gant
Second by:    Katus
Action:    Prevailed by voice vote.

Peggy Hyde

____________________________

Committee Secretary
Tom Hansen, Chair

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