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Bill on nursing homes heads back to Senate
By PAUL SLOCA\Associated Press Writer
Apr 30, 2003 - 11:24:17 CDT
JEFFERSON CITY, Mo. (AP) -- The House has approved a bill imposing tougher regulations on nursing homes, after stripping it of language that would let the homes collect millions more in Medicaid funds.

The 144-1 vote Tuesday returned the measure to the Senate, which had unanimously approved the bill in its original form and watched with alarm as a House committee made several changes.

Most worrisome was a provision mandating annual adjustment of nursing homes' Medicaid reimbursements to keep up with inflation. In the final year of implementation, the provision would be worth $73 million to nursing homes.

Supporters of the Senate bill -- which Gov. Bob Holden's administration helped draft -- said the Medicaid adjustments could have killed the legislation.

Rep. Mike Sutherland, who handled the Senate bill in the House, said he was concerned about nursing homes' rising costs but that there was no room in the current budget to cover the Medicaid adjustments.

"It's obvious that there are some different points of view but we all have the same point of view to care for our seniors," said Sutherland, R-Warrenton. "We are making a commitment to the generation we owe our prosperity and freedom."

The Senate could vote as early as Wednesday on whether to send the measure to Holden, who issued a statement saying he was "pleased that lawmakers resisted efforts to weaken this important bill."

Rep. Harold Selby, D-Cedar Hill, cast the lone House vote against the bill, contending it wasn't "tough enough" on negligent nursing homes.

The bill sets automatic $10,000-a-day fines for conditions that put residents' lives in danger. Under current law, nursing homes can escape fines by filing a correction plan by the time they are reinspected.

In addition, the bill increases the fines for violations of state codes, requires that deaths be reported to local coroners and strengthens provisions for the state to conduct inspections.

For nursing homes with good records, the bill provides a reward by reducing the frequency of inspections.

The House deleted a provision that would allow videotaped statements of someone 60 or older to be introduced in certain court proceedings if the person had since died or been judged incompetent.

Rep. Rod Jetton had supported the language on additional Medicaid reimbursements and said its deletion would hurt nursing homes.

"There's many, many providing good care and they're struggling and they're hurting," said Jetton, R-Marble Hill.

Democratic Lt. Gov. Joe Maxwell, who is the state's official advocate for elderly Missourians, and Republican Senate President Pro Tem Peter Kinder of Cape Girardeau both praised the House action on the bill.

"It takes us another huge step closer to what I predicted months ago -- this will be one of the biggest bipartisan successes of this session," Kinder said.

Asked whether the Senate would accept the measure as approved by the House, Maxwell said: "I sure hope so. We're going to review it. At first glance, it looks like a good bill.

The Missouri Health Care Association had some concerns about the bill will support it in the Senate, executive director Earl Carlson said. The group still hopes for amendments on funding mechanisms and inspections.

"We did ask for some changes which we felt would strengthen the bill. These changes were unsuccessful," Carlson said. "We now applaud the House and its passage and encourage the Senate to do the same."

In other legislative activity Tuesday:

-- The Senate rejected two proposals by Holden to curtail the state's growing Medicaid expenses by placing more costs on patients and doctors.

-- A Senate panel rejected a House-passed bill prohibiting state and local regulation of high-speed Internet service.

-- The Senate passed and sent to the governor a bill creating a "Fight Terrorism" license plate to honor those killed in the attacks of Sept. 11, 2001.

-- The House sent back to the Senate legislation that makes several changes to Missouri liquor laws.

-- Senators voted to "decouple" Missouri's tax code from the federal system, to gain more flexibility in how the state collects taxes in the future.

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Nursing home bill is SB556.

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Missouri Legislature: http://www.moga.state.mo.us
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