Long term care pilot project.

WORKING DRAFT
2007
STATE OF
WYOMING
07LSO-0542

HOUSE BILL
NO.
HB0228

Long term care pilot project.

Sponsored by:
Representative(s) Iekel and Senator(s) Hastert

A BILL

for

AN ACT relating to licensing and operation of nursing care facilities; authorizing an alternative eldercare long term care pilot program; amending a definition; granting rulemaking authority; providing an appropriation; and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.

W.S. 35
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2
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913 is created to read:

35
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2
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913.

Alternative eldercare home pilot program authorized.

(a)

The legislature finds that a public good is served by the development of housing and care facilities that serve members of the elder population who are unable to care for themselves in their own homes and who wish to live with dignity and enjoyment and a level of care necessary to support their needs.

(b)

Five (5) regional pilot program grants are authorized to study and verify the feasibility of long term care through alternative eldercare homes. Each grant shall be awarded by the department to communities which wish to survey their area for needs and develop a plan for providing alternative eldercare in the area. The department shall distribute grants among the applicants in a manner which will best determine in a timely manner the effectiveness of the alternative eldercare approach to long term care of the elderly.

(c)

Each grant proposal shall include a requirement for a local match of twenty-five percent (25%) of the grant amount.

(d)

For communities that have completed a needs study, the grant funding may be used for design and development of the facility and the organization which will operate the facility.

(e)

The department shall work with local communities in the development of rules and regulations which are compatible with the culture of the homes and which will assure appropriate licensure for the care provided and the needs of the elder residents.

(f)

The department shall distribute grants among the grantees in a manner which will best facilitate the pilot projects and determine the effectiveness of this approach to elder care in a timely manner.

(g)

As a condition of receiving the grants, each grantee shall:

(i)

Agree to provide training and reports to other parties in the state interested in the alternative eldercare concept;

(ii)

Agree to and in fact accept patients qualified under the Medical Assistance and Services Act, Title XVIII of the federal Social Security Act
,
who seek care which the facility is qualified to provide.

(h)

For purposes of this section:

(i)

"Alternative eldercare home" means a facility and program which:

(A)

Provides housing to no more than ten (10) residents per house at the same time;

(B)

Provides services and care at the highest level required by a resident and as permitted under the applicable facility;

(C)

Shall be licensed as a health care facility pursuant to W.S. 35
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2
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901(a)(x);

(D)

Creates environments that allow long-term residents to develop lasting relationships with other residents and staff;

(E)

Maintains residences as units independent from each other and from other facilities such that there is no physical connection or shared roof structures between houses;

(F)

Provides, at a minimum, a private bedroom and full bath for each resident;

(G)

Provides services to Medicaid supported residents at the Medicaid reimbursement rates;

(H)

Provides a secured exterior patio or garden with covered seating for each house accessible by all residents including those with wheelchairs and assistive devices;

(J)

Maintains all common spaces within the house, including secured exterior space, accessible and open to all residents during waking hours;

(K)

Provides for locked storage of hazardous materials and control of kitchen access during high traffic periods of meal preparation and clean-up;

(M)

Provides an office within each house for use as a nurses' station;

(N)

Provides a common area in each house including a seating area;

(O)

Provides a den in each house to accommodate television viewing and limited overnight guests;

(P)

Provides public and staff bathroom facilities;

(Q)

Creates a residential home environment in all aspects, using residential materials and designs appropriate to the style of the neighborhood;

(R)

Implements a self-managed work team approach to in-house and clinical support staffing. Each house shall have its own core in-house staffing that is specific and dedicated to a single house;

(S)

Provides workspace for clinical support team members in a building separate from the house;

(T)

Is fully committed to a restraint free environment;

(U)

Maintains a lift free environment by providing ceiling lifts in each resident's bedroom and bathroom;

(W)

Implements a culture of learning and participation by the residents and honors the elderhood stage of life.

(ii)

"Community" means a city, town or county.

Section 2.

W.S. 35
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2
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901(a)(xxiv) is amended to read:

35
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2
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901.

Definitions; applicability of provisions.

(a)

As used in this act:

(xxiv)

"This act" means W.S. 35
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2
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901 through
35
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912
35
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913
.

Section 3.

For purposes of the alternative eldercare grant program created by this act, there is appropriated to the department of health from the general fund two hundred fifty thousand dollars (
$250,000.00)
for the fiscal biennium ending June 30, 2008
.

Section 4.

This act is effective July 1, 2007.

(END)

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HB0228