Legislative Updates

From Jean Jones
DVR/DVS Legislative Information Representative

2009 ~ 2008 ~ 2007

May 10, 2007

State Legislative Update

Following is information on state legislation that could affect disability programs and the lives of Oklahomans with disabilities. For a full list of bills that have been considered this year, e-mail jhjones@drs.state.ok.us.

The Oklahoma legislature will adjourn its 2007 session on May 25. In the next two weeks state agency funding bills must be finalized, and efforts will be made to reach agreement on bills which passed the House and Senate in different forms. Several bills of interest to Oklahomans with disabilities have already become law. New laws and bills close to finish are noted below, along with information on disability-related measures that did not make it through the legislative process.

New Laws:

Vulnerable adults - SB-398 - Adelson; Sullivan
In the Protective Services for Vulnerable Adults Act, adding definition of financial neglect by caretaker. Status: Passed Senate on 3-6. A substitute bill passed the House Judiciary and Public Safety Committee on 3-28. The substitute specifies that repeated instances of financial neglect must be present to constitute financial neglect. It adds to the list of persons obligated to report abuse, neglect or exploitation of a vulnerable adult. It also adds some actions a court may authorize DHS to take in securing safety or care for a vulnerable adult. Signed by Governor on 4-30.

Community integration; nursing facilities - HB-1510 - Ellis; Rabon
Authorizing the Commissioner of Health to waive any provisions of the Nursing Home Act and the Long-Term Care Certificate of Need Act so long as the state remains in compliance with federal law and rules, in order to allow the development of long-term care options in homelike settings in the community. Status: Signed by Governor 4-18.

Poor persons - SB-499 - Rice; Steele
Creating the Oklahoma Task Force on Hunger. (Note: Average income of Oklahomans with disabilities is below state average income, and Oklahomans with disabilities make up over one-fourth of state residents living in poverty.) Status: Signed by Governor.

Office of Handicapped Concerns - HB-1084 - Wesselhoft; Wilcoxson
Renaming OHC the Office of Disability Concerns. Status: Passed House on 2-26. On 4-11 passed Senate with one floor amendment that advances the end date from 2007 to July 1, 2008 for the Electronic and Information Technology Accessibility Advisory Committee. House agreed to Senate Amendments. Signed by the Governor on 5-7.

Community integration; nursing facilities - HB-1510 - Ellis; Rabon
Authorizing the Commissioner of Health to waive any provisions of the Nursing Home Act and the Long-Term Care Certificate of Need Act so long as the state remains in compliance with federal law and rules, in order to allow the development of long-term care options in homelike settings in the community. Status: Signed by Governor 4-18.

Sent to Governor:

Department of Rehabilitation Services; performance incentive plan - SB-485 - Lamb; Enns
Authorizing the Commission for Rehabilitation Services to use funds from the Social Security reimbursement program for a direct service delivery staff incentive program. The incentive program would reward rehabilitation counselors and technicians for additional work done to successfully employ SSDI and SSI recipients. Status: Passed Senate on 3-8 by 44-0. Passed House on 4-18. The Senate approved House Amendments (the restoration of title) on 5-9. Sent to Governor.

Dental care - SB-455 - Adelson; Scott Martin
Creating the Dental Health Service within the state Department of Health to plan, direct and coordinate all dental public health programs with local, state, and national health programs; advise the Department on matters involving oral health; and plan, implement, and evaluate all oral health programs within the Department. The legislation would also create a revolving fund to be used to help dental students repay student loans. Status: Passed Senate on 3-6. Senate concurred in House Amendments 5-3. Will be sent to the Governor.

Public transportation - SB-563 - Aldridge; Banz, Hoskins
Amending section of law dealing with the Public Transportation Revolving Fund. Changing the basis for allocating monies for start-up public transit systems, to base the aid on $0.75 per passenger mile. This change is intended to make it easier to obtain funding for new public transit projects such as the Tinker AFB commuter route. Status: Passed Senate on 3-6. Passed House on 4-15. Senate has agreed to accept the House Amendments. Sent to Governor.

Free clinics - SB-930 - Paddack; Cox
Providing that for purposes of the Governmental Tort Claims Act only, doctors providing free care to indigent people at free clinics shall be considered employees of the State. This is a method of protecting charitable providers of health care from lawsuits, when they are providing free care to poor people and no negligence is involved. Status: Passed both Senate and House. Senate has concurred in House Amendments. Bill will go to the Governor.

Pending Bills:

Advance directives - SB-486 -Lamb; Schwartz
This bill began by modifying criminal history background check conditions for hiring or contracting with nurse aides to work in nursing homes, ICFs/MR, assisted living facilities and other nursing facilities. It also repealed certain sections of law dealing with nurse aide applications. The Senate Health and Human Resources Committee actually passed a substitute bill which is entirely different from the introduced bill. The substitute measure that passed does not address nurse aide criteria. Instead, it requires the Health Department to create an advance directive registry, a website with advance directive forms and other informational services related to advance directives. Status: Passed Senate on 3-7. A substitute bill passed the House Public Health subcommittee on Elderly on 4-3. .On 4-25 the full House amended the bill and passed it 98-0. House Amendments added a section of new law requiring creation of a public cord blood bank, requiring education on cord blood donation for pregnant women, and requiring doctors to inform their patients on this subject. The Senate rejected House Amendments on 5-8 and requested a conference.+

AgrAbility - HB-1695 -Enns; Anderson
Creating the Oklahoma AgrAbility Project Act. Providing that subject to availability of funding, the Oklahoma Cooperative Extension Service shall provide, through the existing AgrAbility Program and contracts with other entities, assistance to persons with disabilities in farming or other agriculture-related businesses. Stating that the Oklahoma AgrAbility Project Fund may be created at some future time as funds become available for project activities. Status: Passed by House on 3-7 on a vote of 94-0. Passed Senate 48-0 on 4-16 with an amendment to strike title. House refused to concur in Senate Amendments and requested conference. House conferees are Enns, DeWitt, Richardson, McNiel, Dorman, Covey, Benge, Miller. Senate conferees are Senate GCCA members.

Developmental disabilities; Olmstead planning - HB-1933 - Steele; Constance Johnson
Extending the end date for the Olmstead Strategic Planning Committee from a 2007 date to a 2010 date. Adding an additional duty for the Committee, "to monitor and assist with the implementation of the plan." Another added duty is to examine the feasibility of expanding eligibility for DDSD waiver services to include people with disabilities who are not eligible for help through the Advantage Waiver or who are at risk for out-of-home placements. Annual reports from the Committee are required each July through 2010. Status: Passed House on 3-14 by a vote of 101-0. Senate passed bill on 4-16, on a 47-0 vote, title stricken. House refused to concur in Senate Amendments and requested conference. House conferees are Steele, Peters, Winchester, Collins, Ellis, Enns, Blackwell, Piatt. Senate conferees not yet named.

Children’s health care - SB-424 - Adelson; Cox
Creating the “All Kids Act.” Directing the Health Care Authority to establish and maintain a health care program for children age 18 and younger in families with incomes between 185% and 300% of the federal poverty level. The bill states certain eligibility restrictions. The program would operate by providing subsidies to allow a family to purchase private health insurance or an employer-offered plan. Status: A floor substitute bill passed the Senate on 3-8. Amended on the House floor and passed. Senate rejected House Amendments and requested conference. Senate conferees are Senate GCCA members. House conferees are Cox, Steele, Hoskin, Ellis, Benge, Miller, Blackwell, Piatt, Johnson (Rob).

Tax deduction for caregivers of elderly relatives - SB-725 - Rice; Miller
Providing an income tax deduction equal to the federal exemption amount for a dependent for a taxpayer who pays at least half the support for a relative age 70 or over and the relative lives at least half the year in the taxpayer’s home. The deduction would be limited to single taxpayers with income of $35,000 or less, or married couples with an income of $50,000 or less. Status: Passed Senate on 3-5, title stricken. A substitute bill passed the House. On 5-1 Senate refused to concur in House Amendments and requested conference. Senate conferees are Senate GCCA members, House conferees are Miller, Dank, Terrill, Carey, Dorman, Benge.

Assisted living - SB-738 - Morgan; Blackwell
Stating that when a resident of an assisted living center needs additional care beyond the room, board and personal care provided by the assisted living center, the center shall not remove the resident so long as the resident, family doctor and assisted living center all consent to the person staying in assisted living, and so long as the center commits to assuring that the resident receives the needed additional care. Status: A substitute bill passed the House on 4-20. House Amendments rejected by the Senate. Conference has been requested.

Medical care for jail inmates - SB-811 - Laster; Sullivan
Clarifying that jail inmates are liable for the cost of any medical care they receive for preexisting conditions. Directing the Health Department to appoint a small committee to resolve any disputes among medical providers, county jails and inmates regarding who is responsible for medical costs. Status: Passed Senate on 3-12, title stricken. House passed bill on 4-17. House Amendments read in the Senate.

Residential care; assisted living; medication aides - SB-1091 - Adelson; Cox
Amending law related to medication administration aides and the assistance they can provide to residents of residential care facilities, assisted living centers and similar facilities. Creating a new category of medication administration technicians, requiring training and registration, and listing the types of assistance they can provide in residential care homes, assisted living and adult day care centers. Status: On 2-26 a substitute bill was reported from the Senate Committee on health and Human Resources. The substitute is similar to the introduced bill. Passed the Senate on 3-7. Passed House on 4-9. House Amendments read in the Senate.

Medicaid - HB-1303 - Enns; Adelson
Providing that medical providers contracting with the Health Care Authority to serve Medicaid recipients shall accept the Medicaid payment as payment-in-full, and shall not bill the patient. This shall not apply to copayments that may be required of Medicaid recipients. Status: 2-14 passed by full House. Passed Senate on 4-16 with an amendment requiring the Health Care Authority to bill the federal government for Medicaid services mandated or authorized for undocumented immigrants. House refused to concur in Senate Amendments. House conferees are Enns, Cox, Schwartz, Terrill, Glenn, Smithson, McDaniel (Jeannie), Benge. Senate conferees are Senate GCCA members.

Hearing aids - HB-1494 - Sullivan; Adelson
Exempting sales of hearing aids from state sales tax. The exemption is for hearing aids or any other apparatus, device or equipment for use by a hearing-impaired person which is prescribed by an audiologist or hearing aid dealer or fitter who is licensed by the state as required by law. Status: Passed House on 3-7 with a vote of 94-3. Passed Senate on 4-25. House refused to concur in Senate Amendments. Conference granted. Senate assigned its GCCA members for conference. House conferees are Sullivan, Benge, Hilliard, Dorman, Miller, Terrill,

In-home care; companion services - HB-1580 - Peters, Coody; Ford
As introduced, this bill would require any person, employer, employee, or designated agent thereof that provides companion or sitter services to register with the Department of Health and to maintain a system of record keeping, including client information, services provided each day, criminal background check information on employees, and other information. It would also exempt certain persons from this requirement, including a person who is providing companion services in the home of a relative, neighbor or friend. This bill changed going through committee. As passed by the full House, it requires licensure by the Health Department of any person or entity that provides companion or sitter services. Although it exempts (by statutory reference) persons acting alone who provide companion services in the home of a relative, neighbor or friend, HB-1580 does appear to require licensure for any individual whose primary source of income is from acting as a companion or sitter. Penalties up to $5,000 are provided for noncompliance. Status: Passed House on 3-8 on a 90-4 vote. Reported from Senate Rules Committee on 4-9, with enacting clause struck. Passed Senate. House refused to concur in Senate Amendments. Conference granted. Senate assigned Senate GCCA to conference. House conferees are Peters, Cox, Schwartz, Hilliard, Hamilton, Coody

Long-term care; Advantage and DDSD Waivers - HB-1926 - Jeannie McDaniel; Riley
Creating the Advantage Waiver and Developmental Disability Services Rate Review Committee. Committee duties would include reviewing provider rates paid under these two waivers as well as rates for all other services to the aged and developmentally disabled through DHS Aging Services Division and DDSD. The Committee would also be asked to project added funding needed to serve people on waiting lists. Status: Passed House on 3-6 by a vote of 100-0. Passed Senate with title stricken. House refused to concur in Senate Amendments. Conference granted. Senate assigned its GCCA members. House conferees are McDaniel (Jeannie), Peters, Glenn, Benge, Miller, Blackwell.

Developmental disabilities; Olmstead planning - HB-1933 -Steele; Constance Johnson
Extending the end date for the Olmstead Strategic Planning Committee from a 2007 date to a 2010 date. Adding an additional duty for the Committee: "to monitor and assist with the implementation of the plan." Another added duty is to examine the feasibility of expanding eligibility for DDSD waiver services to include people with disabilities who are not eligible for help through the Advantage Waiver or who are at risk for out-of-home placements. Annual reports from the Committee are required each July through 2010. Status: Passed House on 3-14 by a vote of 101-0. Senate passed bill on 4-16, on a 47-0 vote, title stricken. House refused to concur in Senate Amendments. House conferees are Steele, Peters, Winchester, Collins, Ellis, Enns, Blackwell, Piatt. Senate conferees not yet named.

College tuition relief - HB-2103 -Cargill and others; Mike Johnson
Requiring that beginning in the 2008-2009 school year, all higher education institutions in Oklahoma would have to offer in-state students an option to participate in a guaranteed tuition rate plan. The rate plan would let students choose to lock-in the tuition rate they pay in their freshman year for four consecutive years. However, the bill provides that colleges could raise the guaranteed tuition rate during that four years whenever the Legislature does not give higher education at least a 5% increase in its annual appropriation. Status: Passed House on 3-13. Passed Senate, title stricken. House refused to concur in Senate Amendments. Senate conferees will be its GCCA members. House conferees will be Cargill, Jones, Thomsen, Ingmire, Derby, Hyman, Pruett.

Funding Issues Pending:

Appropriation for the Department of Rehabilitation Services. Separate bills which can be used for the DRS appropriation are SB-263, SB-264, HB-1249 and HB 1250. The DRS funding level will also likely be set forth in a general appropriations bill that includes basic funding for most agencies. The General Conference Committee on Appropriations (GCCA) does the final work on agency funding bills. The GCCA Subcommittee working on DRS’ funding is the GCCA Subcommittee on Human Services. Senate members are Co-Chair Patrick Anderson (R-Enid), Co-Chair Nancy Riley (D-Tulsa), Judy Eason McIntyre (D-Tulsa) and John Ford (R-Bartlesville). The House has named its GCCA members but not yet identified its GCCA subcommittee members.

Transportation

Any money provided to the Public Transportation Revolving Fund will be specified in the Department of Transportation appropriation bill. Senate side GCCA Subcommittee on General Government and Transportation members are: Co-Chair Randy Brogdon (R-Tulsa), Co-Chair Mary Easley (D-Tulsa), Ballenger (D-Okmulgee), Barrington (R-Lawton), Bingman (R-Sapulpa), Coates (R-Seminole), Ivester (D-Elk City), Constance Johnson (D-OKC).

Disability Issues Stalled in the Legislative Process:

Transportation - Volunteer Drivers: Two Senate bills, SB-113 and SB-507, started the session as bills to create an exemption from civil liability for volunteer drivers who provide transportation for people being served by nonprofit, charitable organizations. The bills addressed a problem of recruiting volunteer drivers to assist people with disabilities, elderly individuals and others with transportation needs. Both bills ran into trouble. SB-113 was passed over early. SB-507 was finally transformed into a major tort reform package, minus the volunteer driver provision. This bill was eventually vetoed by the Governor.

Educational Interpreters for the Deaf and Hard of Hearing. SB-500 as introduced would have weakened requirements for educational sign language interpreters for Deaf and Hard of Hearing children in public schools. The bill was adjusted with input from Deaf Oklahomans. Although it passed in the Senate, the House did not complete action on it.

Braille school materials. SB-648, to update Oklahoma law to blend with new federal law on accessible instructional materials, failed to pass in the Senate Appropriations Subcommittee on Education. It failed on a tie vote, along party lines. A new House rule prevents bills that fail from being brought up again any time in the two-year legislative session.

Lottery funds for OSD and OSB. Thus far, efforts to obtain a dedicated percentage of Education Lottery funds for OSD and OSB have not been successful. Although the schools are eligible to obtain some distribution from the Lottery fund, no percentage is guaranteed, and amounts received have been small.

Satellite OSD program in Chickasha. A bill to authorize OSD to establish a satellite day school at the university in Chickasha has not made it through the legislative process. This proposal was a request in DRS’ budget submitted to the legislature, and could still be considered if appropriators so choose.