88
th Legislative Session _ 2013
Committee: House Health and Human Services
Thursday, February 07, 2013
P - Present
E - Excused
A - Absent
Roll Call
P Campbell
P Ecklund
P Haggar (Jenna)
P Hawks
P Heinemann (Leslie)
P Heinert
P Hickey
P Sly
P Soli
P Steele
P Westra
P Magstadt, Vice-Chair
P Munsterman, Chair
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Chairman, Representative Munsterman.
MOTION: TO APPROVE THE MINUTES OF FEBRUARY 5, 2013
Moved by: Haggar (Jenna)
Second by: Magstadt
Action: Prevailed by voice vote.
HB 1248: allow assisted living centers to accept and retain residents with dementia.
Presented by: Representative Isaac Latterell
Proponents: Gary Tobiason, Self (telephone testimony)
Greg Peterson, Self (telephone testimony)
Opponents: Tom Martinec, Department of Health
Lynne Valenti, Department of Social Services
Mark Deak, SD Health Care Association
Ken Senger, SD Association of Healthcare Organizations
Deb Fischer Clemens, Avera Health
Chairman, Munsterman passed the gavel to Vice Chair, Magstadt
Vice Chair, Magstadt passed the gavel to Chairman, Munsterman
MOTION: AMEND HB 1248
1248ja
On the printed bill, delete everything after the enacting clause and insert:
" Section 1. That chapter 34-12 be amended by adding thereto a NEW SECTION to read as
follows:
The Department of Health shall grant a family waiver licensing endorsement to an assisted living
center, licensed pursuant to chapter 34-12 upon application for the endorsement to the department
if the assisted living center has controlled entry, has one or more registered nurses in the building
no less than thirty-six hours per week who are on call twenty-four hours per day, seven days per
week and holds licensing endorsements to provide additional optional services in each of the
following areas: medication administration; cognitively impaired residents; accept physically
impaired residents, accept residents incapable of self-preservation, accept residents dependent on
supplemental oxygen, accept residents requiring therapeutic diets; and accept residents who have
elected hospice.
Section 2. That chapter 34-12 be amended by adding thereto a NEW SECTION to read as
follows:
An assisted living center that holds a family waiver licensing endorsement may retain a resident
with cognitive or mobility needs who requires additional care including feeding and ambulation
assistance if the assisted living center, the resident, or the resident's legal guardian files an initial
family waiver to the Department of Health and recertifies the waiver every six months. The family
waiver and all recertifications shall include the following information:
(1) A verification by each of the resident's physician, physician assistant, or nurse practitioner
that the assisted living center can meet needs of the resident and that it is in the best
interest of the resident to remain at the assisted living center; and
(2) A verification by the assisted living center that the center can meet the needs of the
resident and that the assisted living center agrees to allow the resident to remain at the
assisted living center; and
(3) A statement signed by the resident, or the resident's legal guardian, acknowledging that
the Department of Health does not recommend that the resident remain in the assisted
living center and advises the resident to seek other care options; and
(4) A statement signed by the resident, or the resident's legal guardian, that despite the
department's recommendation the resident, or the resident's legal guardian, expressly
elects to remain at the assisted living center.
Section 3. That ARSD 44:70:04:14 be amended by adding a NEW SUBDIVISION to read as
follows:
(9) A facility that holds and is in compliance with all seven of the aforementioned endorsements,
and which has one or more registered nurses in the building no less than thirty-six hours per week
who are on call twenty-four hours per day, seven days per week, and has controlled entry to the
center shall be permitted to retain residents requiring assistance regarding care such as feeding and
ambulation in excess of the criteria otherwise required in these rules provided a family waiver
complying with section 2 of this Act is submitted to the department and recertified every six
months."
Moved by: Hickey
Second by: Soli
Action: Prevailed by voice vote.
MOTION: DEFER HB 1248 TO THE 41
ST LEGISLATIVE DAY
Moved by: Magstadt
Second by: Hawks
Action: Was not acted on.
MOTION: SUBSTITUTE MOTION DO PASS HB 1248 AS AMENDED
Moved by: Hickey
Second by: Haggar (Jenna)
Action: Failed by roll call vote. (5-8-0-0)
Voting Yes: Campbell, Ecklund, Haggar (Jenna), Hickey, Steele
Voting No: Hawks, Heinemann (Leslie), Heinert, Sly, Soli, Westra, Magstadt, Munsterman
THE MOTION TO DEFER HB 1248 TO THE 41
ST LEGISLATIVE DAY
Moved by: Magstadt
Second by: Hawks
Action: Prevailed by roll call vote. (8-5-0-0)
Voting Yes: Hawks, Heinemann (Leslie), Heinert, Sly, Soli, Westra, Magstadt, Munsterman
Voting No: Campbell, Ecklund, Haggar (Jenna), Hickey, Steele
SB 72: revise certain provisions concerning inspections of food service
establishments by the Department of Health.
Presented by: Senator Ryan Maher
Proponents: Tom Martinec, Department of Health
Jenna Howell, Department of Public Safety
Shawn Lyons, SD Retailers Association
Michele Brich, SD Innkeepers Association
MOTION: DO PASS SB 72
Moved by: Heinemann (Leslie)
Second by: Heinert
Action: Prevailed by roll call vote. (13-0-0-0)
Voting Yes: Campbell, Ecklund, Haggar (Jenna), Hawks, Heinemann (Leslie), Heinert, Hickey,
Sly, Soli, Steele, Westra, Magstadt, Munsterman
MOTION: PLACE SB 72 ON CONSENT CALENDAR
Moved by: Heinemann (Leslie)
Second by: Magstadt
Action: Failed by voice vote.
SB 69: revise certain provisions of the health professionals diversion program.
Proponents: Gloria Damgaard, SD Board of Nursing
THE CHAIR DEFERRED SB 69 UNTIL LATER DATE
MOTION: ADJOURN
Moved by: Steele
Second by: Haggar (Jenna)
Action: Prevailed by voice vote.
Colleen Hunt
____________________________
Committee Secretary
Scott Munsterman, Chair
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