Home care consumer protections amended, advanced
A bill that seeks to enhance protections for individuals who receive in-home care services was amended and advanced from general file Feb. 23.
Omaha Sen. Heath Mello, sponsor of LB698, said the measure was the result of a recommendation from the Legislature’s Aging Nebraskans Task Force.
The bill would create the Home Care Consumer Bill of Rights, which would apply to individuals 60 and older, those 18 and older with a disability and the parent or guardian of a minor who receives home care services.
Mello explained that the bill essentially is the same as a proposal that he introduced last session to protect consumers of home care services. The measure was advanced to general file, he said, where a decision was made to repurpose the bill into a vehicle for another proposal.
“My goal with LB698 is to ensure that the rights of Nebraska’s vulnerable populations—such as the elderly and disabled—are protected when they have the assistance of someone else in their home,” Mello said.
A consumer of home care services, or the parent or guardian of a consumer who is a minor, would have the right to:
• refuse service;
• have grievances addressed in a timely manner;
• participate in the approval of services and any changes in service;
• receive care in a way that promotes his or her dignity and individuality; and
• information on the cost of services and whether those costs are covered by insurance or a public or private program.
An individual who violates the bill’s provisions would be subject to a civil penalty of $100 per violation, up to a maximum of $1,000.
Mello said it is a growing concern that seniors and others often employ caregivers without realizing that they are considered contract employees, which can involve significant liabilities.
“One significant protection LB698 highlights is the transparency of the employment status of home health care workers,” he said.
A Health and Human Services Committee amendment, adopted 30-0, would raise the maximum civil penalty to $2,000 plus actual damages. The amendment also would expand the definition of a home care consumer to include the guardian of an incapacitated person and add a right to privacy.
Lincoln Sen. Kathy Campbell, chairperson of the committee, said that the bill would provide important consumer protections for vulnerable Nebraskans.
“This is an excellent bill that is needed to give our seniors some idea of the rights that they have as they bring people into their home environment,” she said.
Campbell offered an amendment, adopted 29-0, which added provisions from three additional bills.
LB708, originally introduced by Lincoln Sen. Kate Bolz, would require the state Department of Health and Human Services to develop an endorsement for assisted living facilities that provide high quality care for individuals with cognitive impairment, dementia and Alzheimer’s disease.
Qualifications for the endorsement would include staffing enhancements, staff training, dedicated programing and security requirements. The department also would be required to examine the Medicaid rate structure and make recommendations regarding a higher or supplemental reimbursement rate for facilities that qualify for the endorsement.
Bolz said the provisions would strengthen the state’s system for addressing the needs of individuals with Alzheimer’s disease and help create cost savings.
LB849, introduced by Bellevue Sen. Sue Crawford, would require a hospital to give each patient or the patient’s legal guardian the opportunity to name an individual as a designated caregiver.
Under the bill, a designated caregiver would be consulted regarding the patient’s discharge plan and the hospital would be required to describe the patient’s aftercare needs post-release or transfer, including a description and demonstration of any aftercare tasks.
Crawford said the measure would provide important information for individuals who choose to assist friends and family members following a hospital stay.
LB869, also introduced by Crawford, would align Nebraska law with federal requirements for fingerprinting and background checks of high-risk Medicaid providers.
Following adoption of the amendments, LB698 was advanced to select file 28-0.
