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Minutes for SB191 - Committee on Public Health and Welfare
Short Title
Establishing requirements for the involuntary discharge or transfer of a resident in an adult residential care facility, the right to appeal such discharge or transfer and a process for such appeal.
Minutes Content for Thu, Feb 16, 2023
Jenna Moyer, Staff Revisor gave an overview of SB191. (Attachment 1)
Camille Russell gave proponent testimony for SB191 stated in her testimony that this legislation allows individuals to receive due process. Valid involuntary discharges will be supported, involuntary discharges deficient in notice, reason and rational, will be denied. There should be no undue burden on a provider in asking them to deliver the service to their customer that they agreed to provide upon admission. The Kansas Long-Term Care Ombudsman Program supports SB191 to allow for appeal rights for involuntary discharge for all Kansas adult care home residents.(Attachment 2)
Alexandra English testified in support of SB191, She strongly supports passage of SB191, as the protections it affords vulnerable residents of assisted living facilities is sorely needed. After having compared the laws in other states, Kansas is one of just a few states in the country that fails to provide assisted living residents with any rights to appeal an involuntary discharge. Residents of nursing homes have a right to appeal involuntary discharges though the Office of Administrative Hearings. She asked why should the residents of assisted living facilities not also have a right to have their voices heard? Failing to pass SB191 will result in continued unfairness and less freedom for Kansas' 10,000+ residents who currently live in an assisted living facility.(Attachment 3)
Jamie Gideon spoke in support of SB191 asking that SB191 be passed because it will enhance the quality of care in residential settings and protects persons with dementia. Involuntary discharge for persons with dementia can cause what's called transfer trauma. Persons with dementia are vulnerable to transfer trauma which can lead to a decline in their physical and emotional well-being, that can lead to significant health complications and even premature death. It can also trigger depression, psychological distress, and a withdrawal from social activities. (Attachment 4)
Judy Davis-Cole testified in favor of SB191 stating that involuntary discharge is one of the most common complaints received by the state's LTC Ombudsman Office. Most people are shocked to know that right now, Kansas law does not provide fundamental rights and legal discharge protections for so many seniors and people with disabilities in assisted living facilities, and other adult residential care facility settings.She said AARP supports SB191 which would provide discharge protections and rights to appeal involuntary discharges to residents in all Kansas adult residential care facilities. (Attachment 5)
Rachel Imthurn gave testimony in support of SB191 telling of her late husband's eviction from an assisted living facility. A move that cost him his life 9 days after the eviction. She said SB191 gives assisted living residents the legal rights they have never had and urges support of SB191. (Attachment 6)
Dan Goodman testified as a proponent of SB191 asking for support for SB191, also known as Charlie's Bill, which would grant the right of appeal to assisted living residents, who are involuntarily discharged from Kansas assisted living facilities. Assisted living facilities are only subject to state regulations, which do not include the right to appeal an involuntary eviction. (Attachment 7)
Haely Ordoyne gave opponent testimony against SB191. She stated that creating an appeal process would not change the capabilities of state licensed only adult care homes. An appeal process will only prolong the amount of time that the resident will remain in a care setting that cannot meet their needs. (Attachment 8)
Rachel Monger spoke as an opponent against SB191 saying that forcing an assisted living facility to retain a resident, whose needs it cannot meet, has wide-ranging and seriously negative effects on the health and safety of residents, and the continued affordability and operations of residential care settings. Assisted living facilities were never intended to be used as nursing homes and Kansas law is even written to prevent that from happening. (Attachment 9)
Questions were asked by committee members.
Proponent, written only testimony was submitted by:
Dustin Baker, APRN (Attachment 10)
Margaret Farley, Kansas Trial Lawyers Association (Attachment 11)
Opponent, written only testimony was submitted by:
Linda MowBray, KKHCA/KCAL (Attachment 12)
Kris Erickson, Bethany Village (Attachment 13)
Neutral, written only testimony was submitted by:
Lacey Hunter, KDADS (Attachment 14)
Chairperson Gossage closed the hearing on SB191.
