Health 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 select file March 7.
LB698, sponsored by Omaha Sen. Heath Mello, would create the Home Care Consumer Bill of Rights, which would apply to individuals 60 and older, those 18 and older with a disability or who are incapacitated and the parent or guardian of a minor who receives home care services.
A consumer of home care services, or the parent or guardian of a consumer who is a minor, would have the right to privacy, refuse service and have grievances addressed in a timely manner. They also would have the right to:
• 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 $2,000.
Sen. Nicole Fox of Omaha introduced an amendment, adopted 31-0, which incorporated provisions of her LB963.
The amendment would update state law to comply with changes to the federal Older Americans Act and equalize the process for how the Area Agencies on Aging fund local programs.
“If these changes are not made, Nebraska will be out of compliance with federal regulations,” Fox said.
LB698 was amended on general file to include 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.
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.
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.
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 Fox amendment, LB698 was advanced to final reading by voice vote.
