NPDA Chapter Legislative Update

Connecticut
The General Assembly failed to vote on HB 5312 entitled "An Act Concerning Background Checks for Employees of Homemaker-Companion Agencies." The bill sought to define the term "comprehensive background check," (CBC) which refers to the type of background check non-medical homemaker/companion agencies must conduct when seeking to hire a new caregiver.

HB 5312 would have required medical Home Health Agencies to perform CBCs as well, but failed to make it to a vote, even though it had successfully navigated through the entire legislative committee process. The bill's failure dealt a blow to elderly consumers and responsible home care providers who sought to ensure all home care agencies met a uniform standard when screening potential caregivers.

The NPDA Connecticut Chapter worked on the bill's language and advocated its passage and now looks forward to the 2010 legislative session with the hope of passing a similar bill.

Florida
The 2009 session was shaped by two events. The resignation of the incoming Speaker of the House and the worst financial shortfall the state had seen in years. These two events resulted in few policy bills making it to the Governor's office. Of the 2,369 bills filed, only 271 passed both Houses and were sent to the Governor.

Two of the more significant bills that passed were SB 1986 sponsored by Sen. Don Gaetz and SB 2658 sponsored by Sen. Carey Baker. Both address issues regarding health care fraud and abuse.

The NPDA Florida Chapter continued work on the consumer notification bill and although much progress was made, it ultimately did not get the final vote to pass it on to the Governor.

The chapter successfully minimized the effects of legislation regarding the dollar amount required for surety bonds for new home health agency licenses, narrowed those impacted by the moratorium on issuing new home health agency licenses and making it a felony for a homemaker/companion organization to offer or provide personal care.

The chapter was also successful in defeating legislation that would have eliminated the homemaker/companion statute.

Illinois
The state of Illinois recently instituted new background check rules for all health care workers, including home health and private duty. The rules stipulate that all healthcare entities must use the Illinois State Police for their background checks. The new law also requires that all health care entities do a fingerprint based check on all workers. The NPDA Illinois Chapter members are concerned with the potential cost of the fingerprint checks, which are anticipated to be around $75 per worker. Chapter members have also noted that other background check companies have provided more timely and accurate information than the Illinois State Police.

This topic will be discussed over the next several months by the chapter to determine whether and how to influence or change the legislation.

Washington
The main focus for the NPDA Washington Chapter during this session was how the state planned to pay for the implementation of Initiative 1029 (I-1029) and the associated FBI fingerprinting background checks in the 2009-2011 Biennial Operating Budget, which boasts a $9 billion budget deficit.

When voters supported I-1029, the financial consequences of a budget deficit were not apparent. The NPDA Washington Chapter does not believe voters would have supported elimination and deep cuts to existing programs supporting the elderly and vulnerable to finance the SEIU training program, which originally cost around $19.4 million.

In the final budget compromise, funding was cut in half which delays training one year until January 1, 2011 and delays FBI fingerprinting background checks, peer mentoring and continuing education two years, until January 1, 2012.