OF THE
(Nevada Revised Statutes 439.B.200)
October 22, 2001
COMMITTEE
MEMBERS PRESENT IN LAS VEGAS:
Senator
Raymond D. Rawson, Chairman
Assemblywoman
Ellen M. Koivisto, Vice Chairman
Senator
Maurice E. Washington
Assemblywoman
Merle A. Berman
Assemblywoman
Bonnie L. Parnell
COMMITTEE
MEMBERS PRESENT IN CARSON CITY:
Senator
Bernice Mathews
LEGISLATIVE
COUNSEL BUREAU STAFF PRESENT:
H.
Pepper Sturm, Chief Principal Research Analyst
Marsheilah
D. Lyons, Senior Research Analyst
Marjorie
Paslov-Thomas, Senior Research Analyst
Marla
McDade Williams, Senior Research Analyst
Leslie
K. Hamner, Principal Deputy Legislative Counsel
Steven
J. Abba, Principal Deputy Fiscal Analyst
Susan
Furlong Reil, Principal Research Secretary
Gayle
Nadeau, Senior Research Secretary
Deborah
Rengler, Senior Research Secretary
MEETING
NOTICE AND AGENDA
|
Name of Organization: |
Legislative
Committee on Health Care (Nevada
Revised Statutes [NRS] 439B.200) |
|
Date and Time of Meeting: |
Monday, October 22, 2001 9:30 a.m. |
|
Place of Meeting: |
Grant Sawyer State Office Building Room 4401 555 East Washington Avenue Las Vegas, Nevada |
Note: Some members of the
committee may be attending the meeting and other persons may observe the
meeting and provide testimony, through a simultaneous videoconference conducted
at the following location:
|
|
Legislative Building Room 2135 401 South Carson Street Carson City, Nevada |
If you cannot attend the
meeting, you can listen to it live over the Internet. The address for the legislative Web site is http://www.leg.state.nv.us. For audio broadcasts, click on the link
“Listen to Meetings Live on the Internet.”
|
I. |
Introductions
and Opening Remarks Senator
Raymond D. Rawson, Chairman |
|
*II. |
Overview
of State Bioterrorism Defense Plan Mary
E. Guinan, M.D., Ph.D., State Health Officer Health
Division |
|
*III. |
Presentation
Concerning the Activities and Responsibilities of the Legislative Committee
on Health Care A. Marsheilah D. Lyons, Senior Research Analyst Research Division, Legislative Counsel
Bureau (LCB) B. Leslie K. Hamner, Principal Deputy
Legislative Counsel Legal Division, LCB |
|
*IV. |
Presentation
of Background Information Regarding Medical Care Provided to Medicaid,
Indigent, and Other Low-Income Patients in Nevada, Including Discussion of
the Methodology Used by the Department of Human Resources in Making Certain
Payments to Public and Private Hospitals for Treating Such Patients Christopher
Thompson, Senior Policy Analyst Center
for Health Information Analysis, University of Nevada, Las Vegas |
|
*V. |
Adoption
of Principles to Guide the Legislative Committee on Health Care in its Study
of Programs and Funding for the Treatment of Medicaid, Indigent, and Other
Low-Income Patients Pursuant to Senate Bill 377 (Chapter 598, Statutes of
Nevada 2001) |
*VI. |
Discussion
of Subcommittees, Advisory Groups, or Technical Working Groups, Including
Possible Appointments, Compensation, and Reimbursement A. Subcommittee
Concerning the Development of a System for Reporting Medical Errors Pursuant
to Assembly Concurrent Resolution No. 7 (File No. 77, Statutes of
Nevada 2001) B. Additional
Subcommittee, Advisory Group, or Technical Working Group Appointments |
|
*VII. |
Scheduling
of Future Meetings and Discussion of Future Topics |
|
VIII. |
Public
Testimony |
|
IX. |
Adjournment |
*Denotes items on which the
committee may take action.
Note: We are pleased to make reasonable
accommodations for members of the public who are disabled and wish to attend
the meeting. If special arrangements
for the meeting are necessary, please notify the Research Division of the
Legislative Counsel Bureau, in writing, at the Legislative Building, 401 South
Carson Street, Carson City, Nevada 89701-4747, or call Susan Furlong Reil at (775) 684-6825
as soon as possible.
Notice
of this meeting was posted in the following Carson City, Nevada, locations: Blasdel Building, 209 East Musser Street;
Capitol Press Corps, Basement, Capitol Building; City Hall, 201 North Carson
Street; Legislative Building, 401 South Carson Street; and Nevada State
Library, 100 Stewart Street. Notice
of this meeting was faxed for posting to the following Las Vegas, Nevada,
locations: Clark County Office, 500
South Grand Central Parkway; and Grant Sawyer State Office Building, 555 East
Washington Avenue. Notice of this meeting was posted on the Internet
through the Nevada Legislature’s Web site at www.leg.state.nv.us.
INTRODUCTIONS AND OPENING REMARKS
Chairman
Rawson called the meeting to order at 9:50 a.m. and directed the secretary to
call the roll. All committee members
attended the meeting. Chairman Rawson
explained that the Legislative Committee on Health Care is a standing committee
that works through the legislative session and during the interim. He introduced the members of the committee
and Legislative Counsel Bureau (LCB) staff assigned to the committee.
The
committee oversees a broad spectrum of issues related to quality, access, and
cost of health care for all Nevadans, having addressed such issues as autism,
diabetes, Nevada Medicaid, and enhancement of children’s health collection
efforts.
Besides
many other issues related to health care within the scope of the committee’s
charge, Chairman Rawson stated the committee has been directed to address the
following during the 2001-2002 interim:
·
· Diversion of patients in need of emergency
services and care, known as “divert” (a procedure used by hospital
emergency rooms to redirect ambulances and emergency medical services
respondents to alternate facilities equipped with staff and resources to handle
emergencies);
·
· Indigent care and disproportionate share
payments to hospitals;
·
· Long-term care; and
·
· Patient safety and medical errors.
Senator
Rawson drew attention to the other interim study committees that he would like
the Legislative Committee on Health Care to coordinate with as much as
possible: (1) services to persons with
disabilities; (2) suicide prevention; and (3) the Task Force for the Fund for a
Healthy Nevada (Nevada Revised Statutes [NRS] 439.625).
Before
proceeding with the meeting, Senator Rawson offered the committee members an
opportunity to make general comments.
Assemblywoman
Berman thanked Chairman Rawson for allowing the bioterrorism overview to be
placed on the agenda.
Assemblywoman
Parnell reported she had the pleasure of attending the Cooperative Action
Conference of the Health Division, Nevada’s Department of Human Resources
(DHR). She explained it was
important, as a member of this committee, to spend three days listening to the
people who work in the health care field in Nevada. She shared that most of the people at the conference agreed the
shortage of health care workers is the most serious issue facing the
state. Combine this concern with the
state’s population increase, particularly the senior population, Ms. Parnell
pointed out, and many health care professionals are concerned that the state is
not prepared to deal with its future health care issues.
Ms.
Parnell said she was troubled to hear that conference attendees have a general
frustration and distrust with obtaining a commitment to help from elected
leaders, both at the state legislative level and with community policymakers.
Continuing,
Ms. Parnell said attendees discussed ways that health care professionals could
better communicate with elected officials about their concerns. She shared that conference attendees have a
sense that communicating with the legislators during session is
prohibited. Many professionals who work
directly with the programs and clients disagree with health care administrators
regarding issues to be presented to the Legislature. Another concern expressed by attendees is Nevada’s inability to
often provide matching funds, which would allow health care agencies to operate
federally funded programs.
Ms.
Parnell said a report would be distributed to attendees of the conference. She asked staff to contact the Health Division
to ensure that this committee’s members and staff receive a copy of the final
report.
Senator
Rawson asked Ms. Parnell to share future communications from this association
so this committee may peruse any issues overlooked.
Senator
Mathews indicated that before the meeting, she attended a preparedness summit
in Reno, Nevada, with other governmental entities involved in preparedness
issues. She said she came to the
conclusion there is a lot of preparedness yet to be coordinated among the
various agencies represented.
PUBLIC TESTIMONY
Chairman
Rawson announced that Peggy Jo Myers and her physician, Dr. James Hogan, would
present testimony at the beginning of the meeting rather than during the
portion provided for public comment to accommodate Ms. Myers’ need to leave
early for medical reasons.
Peggy Jo Myers
Peggy
Jo Myers, concerned citizen, Las Vegas, stated she has been a diabetic for 30
years and a dialysis patient for about a year and a half. Ms. Myers’ concerns dealt with her insurance
company requiring her to change from her specialist of ten years, Dr. James M.
Hogan, who knows her serious medical background, to a primary care physician
who is not familiar with her health history.
The primary care physician will recommend a new specialist. Ms. Myers’ question to the committee
was: “Does the insurance company not
have to honor its contract?” Please
refer to Exhibit A for a written statement of her remarks.
Chairman
Rawson told Ms. Myers the insurance company does need to follow its
contract. He informed her there is an
ombudsman in the state who handles these types of complaints. Senator Rawson then asked staff to provide
the telephone number for the Governor’s Office for Consumer Health Assistance
to Ms. Myers and to follow through with her on this issue.
James M. Hogan, M.D., M.P.H.
James
M. Hogan, M.D., M.P.H., Hogan Medical Center, Las Vegas, stated he was
testifying on behalf of his patient, Peggy Jo Myers. Dr. Hogan reported that he has practiced medicine in the Las Vegas
community for 16 years and in his view, physicians and patients are “pawns” in
the current health care economic game.
He said the medical community is in a crisis because of the economic
downturn, and patients and physicians are suffering as a result. Dr. Hogan averred that Ms. Myers is a
perfect example of someone suffering from the destruction of the doctor-patient
relationship by the current system and suggested legislative redress to change
this situation.
Chairman
Rawson noted that future legislative hearings would cover many of the concerns
raised by Dr. Hogan.
OVERVIEW OF STATE BIOTERRORISM DEFENSE PLAN
Randall Todd,
Dr.P.H.
Randall
Todd, Dr.P.H., State Epidemiologist, Health Division, DHR, Carson City, briefed
the committee on bioterrorism defense in Nevada referencing his outline
(Exhibit B). Since the events of the
September 11, 2001, attack on the World Trade Center, Dr. Todd pointed out the
nation’s attention has shifted from conventional kinds of terrorist attacks to
biological acts of terrorism.
Dr.
Todd discussed the differences between a conventional disaster or terrorist
attack and that of a biological scenario.
Some of our notions of disaster preparedness, he explained, are based on
conventional problems that responders have had experience with and know how to
respond to. When a natural disaster
such as a flood or earthquake strikes, certain characteristics would
pertain. It would be known rather
immediately that one of these events had occurred and the scope of
damages. Casualties occurring at the
time of the event or shortly thereafter would, for the most part, be identified
by traditional first responders—police, fire, and emergency medical personnel.
In
the event of a terrorist attack, although unconventional means of delivering
the attack may be used, historically some type of an explosion resulted. Dr. Todd again pointed out that this type of
an event would soon be known enabling traditional first responders to identify
and respond to the scope of damages fairly immediately. Even in the event of a terrorist chemical
attack, whether the chemical exposure is through inhalation or skin absorption,
the effects are going to be fairly immediate as with a natural disaster or
explosion.
Dr.
Todd emphasized everything he described would be fundamentally different in a
biological attack. He offered the
following example to illustrate his point:
Imagine a picture of the skyline of Las Vegas under biological attack;
the photo would not appear any different than it does today. A caption could be added to the photo saying
“Under biological attack.”
Dr. Todd stressed that the photo would appear normal because
biological agents, unlike conventional or chemical weapons, can be disseminated
in a covert fashion. Hence, there would
be no immediate knowledge that an event had occurred. The casualties would not be immediately apparent; the incubation
period for the agent that was used could take days or weeks before casualties
would become known.
Dr.
Todd also noted that police, fire, or even traditional emergency medical
responders would not identify the casualties.
Instead, health care providers in doctors’ offices, clinics, and
emergency rooms would detect them.
However, the health care providers might not recognize these casualties
as casualties per se; the persons affected might appear to be a large number of
people with nonspecific health complaints.
Continuing,
Dr. Todd offered the following hypothetical scenario. The variola virus, which causes smallpox, is covertly
released. Within one to two weeks,
individuals infected with the virus begin seeking medical attention from their
physicians or at health clinics. Their
physical complaints include fever, back pain, headache, nausea, and other symptoms
that many physicians attribute to a common viral infection. As the disease progresses, the infected
individual develops a papular rash that is characteristic of early-stage
smallpox. Since most practicing
physicians have never seen a case of smallpox, it is probable that the disease
would not be immediately recognized. By
the time the rash progresses to the point that it is completely characteristic
of smallpox and patients are beginning to die, the disease has been
disseminated throughout the population by person-to-person contact. The time frame between identification of the
first smallpox cases and the second wave of individuals who have contracted the
disease is short. As person-to-person
contacts continue, successive waves of the disease are spread to other
localities around the state, throughout the nation, and around the world.
Dr.
Todd pointed out that smallpox is not the only potential biological agent that
could lead to this type of scenario, but it is probably the worst. He emphasized, however, that the recent
anthrax threats would be somewhat different because anthrax is not passed from
person to person.
Dr. Todd explained that the public health
community has three key roles in dealing with bioterrorism: (1) determine that an attack has occurred;
(2) identify the organism; and (3) mount some prevention strategies
immediately.
However,
to determine that an attack has occurred, public health agencies in the state
need to be capable of detecting unusual patterns of disease, including those
that are caused by unusual or even unknown threat agents. In order to accomplish this, education and
training needs to occur, since health care providers are not used to reporting
clusters of symptoms—referred to as syndromic reporting.
In
addition to training and educating the health care community about this new way
of looking at illness patterns in the community, Dr. Todd said, there needs to
be staffing and training at the state and local health departments in order to
appropriately respond to such reports.
According
to Dr. Todd, high-profile events such as Comdex in southern Nevada and
Hot August Nights in northern Nevada need additional surveillance and
epidemiological capacities in place at the time of these events.
Dr.
Todd stressed the public health agencies must be able to differentiate between
natural disease occurrence and intentional transmission of disease, which is an
important distinction when using law enforcement partners in helping deal with
such situations. Identifying the organism
is critical in order to react appropriately, and having enhanced public health
laboratory capacity is key to identifying the agent.
Avoiding
more casualties through the prevention strategy is another key role that the
public health community will have to play.
In order to do that, the state will need access to vaccines,
antibiotics, and other medical supplies.
Fortunately, Dr. Todd reported, the national pharmaceuticals stockpile
is working toward having packages that can be on the ground in Nevada within
about 12 hours from the time the Governor would make such a request. However, Dr. Todd stressed, a distribution
infrastructure needs to be developed to ensure supplies reach the health care
community and the patients who need them.
The
state’s legal authority will need to address issues such as isolation and
quarantine. According to Dr. Todd, many
of the laws that allow public health to make such decisions are old and have
not been implemented within the context of current views about civil liberties.
In
addressing biological agents of concern such as anthrax and smallpox, the
Centers for Disease Control and Prevention (CDC) considers something to be a
high priority if the agent possesses some or all of the following
characteristics: (1) it can be easily disseminated; (2) it may be transmitted
from person to person, such as smallpox; (3) it causes high mortality or
morbidity, such as anthrax; (4) it might cause public panic or social
disruption; and/or (5) it requires special actions for public health
preparedness, such as stockpiling of antibiotics and vaccines.
Dr.
Todd listed seven high-priority biological agents that are on the CDC’s “A”
list (page 3, item B, Exhibit B).
He stated there are many lower-priority biological agents more difficult
to disseminate or that cause less severe illness, but they still represent a
need for enhanced public health surveillance and epidemiology.
In
addressing preparedness needs, Dr. Todd covered the following:
·
· The need to be well aware of weapons of mass
destruction such as a terrorist chemical or explosive attack versus a
biological attack, which is not immediately obvious;
·
· Compiling a national pharmaceutical stockpile
with placement in strategic locations around the country;
·
· Public health infrastructure enhancements at the
state and local levels for epidemiology and surveillance capabilities,
laboratory capacity, communications and training, and role clarification for
emergency and health care entities; and
·
· Surge capacity to handle large numbers of ill
people from an unnatural event.
Other points Dr. Todd addressed relating to
Nevada’s preparedness needs were:
·
· Informed citizens should hold their elected
officials responsible for taking the right steps and to fund necessary
preparedness needs;
·
· Perform live drills and tabletop exercises
dealing with these new kinds of biological terrorist scenarios for emergency
and health care entities;
·
· The need for adequate public information and
ensuring the media does not disseminate alarmist material that adds to the
various state and local entities’ problems with members of the public and the
“worried well” flooding scarce health care resources.
Dr.
Todd reported that in 1999, the CDC began providing funds to state health
departments so they could prepare for biological terrorism. Funding was provided for the following
areas: (1) epidemiology and surveillance;
(2) Health Alert Network (HAN) to develop communication and training infrastructures;
and (3) laboratory capacity.
Dr.
Todd further mentioned that Governor Guinn has demonstrated leadership in this
area with the formation of the Weapons of Mass Destruction Steering Committee, currently
known as the Homeland Security Committee.
He said the right people—public health personnel, law enforcement, fire
departments, and traditional first responders—are planning live drills and
tabletop exercises.
Dr.
Todd called attention to three lessons learned from the Microsoft anthrax
letter scare in Reno during October 2001:
(1) a threat does not have to be confirmed to cause public panic; (2)
there is limited surge capacity in the health care system; and (3) live drills
are needed to improve coordination among the various agencies.
He
added that three specific issues surfaced during the Microsoft anthrax scare
that underscore the need to conduct live drills:
1. 1.
There was no protocol of standards
to uniformly accession letters or packages into the laboratory.
2. 2.
Once the tests were completed,
there was no procedure in place regarding dissemination of the results.
3. 3.
Threat letters were picked up by
hazardous materials teams and delivered directly to the state laboratory in
biohazard containers. The containers
were too large to be opened safely under a biological safety hood in the
laboratory. It took a significant
amount of time to move the containers to a place where they could be safely
opened.
In
his closing remarks, Dr. Todd said Nevada has accomplished much toward
terrorism readiness but still has a great deal to achieve for Nevada citizens
to have a sense of safety and to view the state as being prepared to deal
effectively with a biological attack.
Assemblywoman
Berman thanked Dr. Todd for his informative presentation and then asked him for
clarification regarding the need to update the public health laws in
Nevada. She also asked Dr. Todd if he
could work with the committee in helping to identify which laws may need
updating.
Dr.
Todd clarified that he is suggesting that the current laws need to be reviewed
to ensure they will serve Nevada in the event of a bioterrorism incident. Regarding the second part of
Ms. Berman’s question, Dr. Todd said he, Dr. Guinan, and local health
officials in Clark and Washoe Counties should review the current laws and
provide recommendations to this committee and/or the Legislature as to what, if
anything, should be changed.
Ms.
Berman raised another question regarding the need for increased staffing and
training of the state’s public health officials in dealing with such
high-profile events as the upcoming Las Vegas COMDEX convention,
especially in the area of possible terrorist acts at the hotels.
Dr.
Todd reassured Ms. Berman that Nevada has many well-trained and well-qualified
individuals working in state and local public health departments. However, he clarified, when there is a
high-profile event in the state, additional surveillance can be put in place
temporarily. Also, hospitals can be
placed on alert, and active surveillance for specific symptom clusters that
could be problematic can be instituted for monitoring on a 24-hour basis during
the actual event. Dr. Todd added that
the CDC has been working with some state and local health departments to
develop this kind of capacity, referred to as “drop-in surveillance.”
Continuing,
Dr. Todd said there are different algorithms for interpreting the data that
would be obtained from such surveillance.
Those are still in the test phases at CDC, he explained, but Nevada
needs trained personnel who are able to identify which of these events might
present high-risk situations and to then work with local health care workers,
as well as the hospitality industry.
Concluding, Dr. Todd reiterated that adequate preparedness for potential
bioterrorism attacks will require a well-trained staff and probably additional
resources.
Mary E. Guinan, M.D., Ph.D.
Mary
E. Guinan, M.D., Ph.D., State Health Officer, Health Division, DHR, Carson
City, briefed the committee on Nevada’s bioterrorism defense plan. Please refer to Exhibit C for a written
statement of her remarks.
Additionally,
Dr. Guinan referred to a summary report (Exhibit D) of all the activities of
the Health Alert Network titled “Health Authorities (Nevada State Health
Division, Clark County Health District, Washoe District Health Department)
Response to the Events of September 11, 2001.” She noted that this information is also
available on the Health Division’s Web site (http://health2k.state.nv.us).
Dr.
Guinan drew attention to a draft letter sent to the President of the United
States (Exhibit E) that requests further emergency assistance for state health
departments. Highlighted in this letter
are the following six critical areas needing urgent attention: (1) epidemiology;
(2) information/communication systems; (3) media relations and public
communication; (4) policy and knowledge dissemination; (5) public health
laboratories; and (6) operation centers that operate 24 hours a day, seven days
a week.
Continuing,
Dr. Guinan said the health care system and emergency centers have been
inundated with concerned persons, especially asking for anthrax and smallpox
vaccinations. Dr. Guinan gave a brief history
of the smallpox vaccine. Production was
curtailed in 1983, and she noted that the duration of immunity of the smallpox
vaccination is unknown. She said
smallpox vaccinations in the United States were stopped in 1972, except for
those in the military and those working in smallpox or similar poxvirus
laboratories.
Dr.
Guinan reported that the United States (U.S.) Department of Health and Human
Services Secretary Tommy G. Thompson has ordered the production of
300 million doses of vaccinia (smallpox vaccine) that potentially will be ready
in 2003.
Chairman
Rawson said the bioterrorism issue is directly related to state police powers
concerning the health and safety of Nevada residents. State emergency and public health systems have been seriously tested,
both with false alarms and some actual alarms showing the success and the
weaknesses in our program. The chairman
stated the bioterrorism issue was included on the committee’s agenda to assess
if federal agencies, Nevada, and other states have protocols and plans in
place, not just in theory, to deal with this critical issue.
Senator
Rawson stressed, working with staff, the committee will follow this issue to
stay informed and to try to positively influence preparedness. Chairman Rawson directed that he,
Assemblywoman Berman, and Vice Chairman Koivisto follow the bioterrorism
situation and keep the Legislative Committee on Health Care informed of
developments.
As
a point of information, Assemblywoman Parnell shared that during the 1999-2000
interim, the Commission on School Safety and Juvenile Violence put into place
school and community safety plans for all Nevada counties.
Chairman
Rawson drew attention to the following ways citizens can help in being
personally prepared:
·
· Be aware of surroundings, and ensure that
personal living and working areas are clean and orderly;
·
· Be careful about drinking water;
·
· Ensure that food is cooked properly; and
·
· Select a healthy lifestyle.
Dr.
Guinan informed the committee that the CDC has developed a course on public
health law and bioterrorism in which the agency is trying to identify what
state laws are needed in the event of bioterrorism and to then develop model
laws. From this benchmark, the CDC can
review each of the state’s laws to see if necessary provisions are in
place. Dr. Guinan shared that she will
be attending this course in November, which is offered through the Association
of State and Territorial Health Officials (ASTHO).
Chairman
Rawson said he would like to have a member of the legislative staff or a
legislator attend this course to further strengthen the state’s disaster
preparedness measures. He directed
staff to look into the disaster mitigation fund to see if it could be used to
pay for this course.
Presentation
Concerning the Activities and Responsibilities
of
the Legislative Committee on Health Care
Marsheilah D.
Lyons
Marsheilah
D. Lyons, Senior Research Analyst, Research Division, LCB, Carson City, gave a brief
presentation on the four measures from the 71st Session of the
Nevada Legislature requiring action on the part of the
Legislative Committee on Health Care.
The
first measure, Senate Bill 484 (Chapter 292, Statutes of Nevada 2001),
“requires Legislative Committee on Health Care to study diversion of patients
in need of emergency services and care from hospitals that lack sufficient
resources to provide needed services and care.” The committee must also address the effect of those diversions on
health care delivery and health care costs.
Some
additional key issues that may be considered concerning the causes of emergency
diversion are: (1) a lack of sufficient
intensive patient beds; and (2) staffing shortages, particularly nursing staff.
Issues
having a profound impact upon public and private hospitals include: (1) billing charges to patients that are
treated (as a result of diversion) by noncontracted hospitals; and (2) hospital
cost reimbursement rates for services to patients that are diverted from
contracted hospitals.
The
next issue to be addressed by the committee, Ms. Lyons explained, deals with
Senate Bill 402 (Chapter 465, Statutes of Nevada 2001), which
“expands authority of Legislative Committee on Health Care to review certain
issues relating to long-term care.” The
measure expands the authority of the Legislative Committee on Health Care to
include the identification and evaluation of, with the assistance of an
advisory group, the alternatives to institutionalization for providing long-term
care. Further, the bill authorizes the
committee to evaluate the feasibility of obtaining certain waivers from the
federal government pertaining to long-term care, which may address
two subject areas: (1) elimination
of the requirement that elderly persons in Nevada impoverish themselves as a
condition for receiving assistance for long-term care through Medicaid; and (2)
integration and coordination of acute care services through Medicare and
Medicaid.
Ms. Lyons also informed the committee that DHR
was provided with $800,000 and given the statutory responsibility, through
Assembly Bill 513 (Chapter 541, Statutes
of Nevada 2001), which “makes appropriation to Department of Human
Resources for development of long-term strategic plan concerning health care
needs of citizens of Nevada,” with the appropriation divided into four parts
for:
1. 1.
A plan to develop and implement a methodology for the establishment and
periodic adjustment of rates paid by the State of Nevada for contracted health
and human services;
2. 2.
Developing a plan to ensure
availability and accessibility of services that meet the basic needs of senior
citizens and that support their ability to lead independent and active lives;
3. 3.
Creating a plan to ensure a
continuum of health care services in rural areas of Nevada; and
4. 4.
Developing a plan to further the
provision of, and ensure the availability of, services to persons with
disabilities.
For
the sake of comparing the Legislative Committee on Health Care’s
responsibilities for long-term care to those of DHR for seniors and persons
with disabilities, Ms. Lyons directed the committee’s attention to the table
contained in Exhibit F.
A
third issue to be addressed by the committee is outlined in Assembly Concurrent
Resolution No. 7 (File No. 77, Statutes of Nevada 2001), which “directs
the Legislative Committee on Health Care, through a subcommittee, to conduct an
interim study concerning development of system for reporting medical errors.” Criterion that must be included in the study
are found in Exhibit G.
The
final measure to be addressed by the Legislative Committee on Health Care is
S.B. 377 (Chapter 598, Statutes of Nevada 2001), which “revises
provisions governing payment of hospitals for treating disproportionate share
of Medicaid patients, indigent patients, or other low-income patients.” This measure requires the Legislative
Committee on Health Care to conduct a study during the 2001-2003 biennium to
review: (1) alternate methods of
funding medical care for such patients; (2) the methodology and distribution of
state disproportionate share intergovernmental transfer program payments; (3)
the needs of rural hospitals; and (4) the sources of funding to provide
medical care to Medicaid patients, indigent patients, and other low-income
patients.
Ms.
Lyons informed the committee that Christopher Thompson, Senior Policy Analyst,
Center for Health Information Analysis, University of Nevada, Las Vegas, would
discuss this measure in further detail later in the meeting.
Chairman
Rawson stated that the issue of emergency room diversion would be dealt with at
the next meeting of the Legislative Committee on Health Care and at other
meetings if necessary. Along with a
technical working group that will be dealing with some of these issues,
Chairman Rawson said staff would be asked to monitor the subcommittee’s
meetings to ensure that all of the issues the Legislative Committee on Health
Care is required to cover are addressed.
Leslie K. Hamner
Leslie
K. Hamner, Principal Deputy Legislative Counsel, Legal Division, LCB, Carson
City, provided introductory comments on the statutory requirements of the
Legislative Committee on Health Care, which is to review certain regulations
concerning health care that are proposed or adopted by various state
agencies. Ms. Hamner drew attention to
a complete list of the boards subject to review by this committee and the
statutory requirements of such reviews in Exhibit H titled “Information
Concerning Review of Certain Administrative Regulations Related to Health
Care.”
Senator
Rawson asked Ms. Hamner if the State Board of Pharmacy would forward
regulations it may develop to the Legislative Committee on Health Care or to
the Legislative Commission.
Ms.
Hamner responded that the regulations would be submitted to the Legislative
Committee on Health Care.
Presentation
of Background Information Regarding
Medical
Care Provided to Medicaid, Indigent, and Other
Low-Income
Patients in Nevada, Including Discussion of
the
Methodology Used by the Department of Human Resources
in
Making Certain Payments to Public and Private Hospitals
for
Treating Such Patients
Chairman Rawson
explained that he asked Christopher Thompson, in his capacity as a consultant,
to assist the committee with the indigent care matter. Continuing, Senator Rawson said Mr. Thompson
would provide an overview of the issue and also suggest approaches the
committee may consider and principles the committee may follow to work through
this complicated area.
Christopher Thompson
Christopher Thompson,
Senior Policy Analyst, Center for Health Information Analysis, University of
Nevada, Las Vegas, presented a chronology of indigent care in Nevada as
outlined in Exhibit I. Historically,
the primary responsibility for indigent care fell on local governments, and
generally on the hospitals, whether public or private.
Moving on with his
presentation on indigent care, Mr. Thompson said the study would consider
several different programs and their effect on indigent care. It will also identify all sources of funding
now available to hospitals to provide that care. The programs that would be covered include: (1) county indigent care programs; (2)
direct hospital public funding (from tax revenues or direct county payments);
(3) Health Division programs that provide direct medical care for indigents;
(4) indigent accident fund and supplemental fund; (5) Nevada Check-Up; and (6)
Nevada Medicaid.
In conducting the
study, Mr. Thompson continued, the true cost to hospitals providing the
indigent care must be reviewed, including alternative care available to
individuals who are unable to pay their hospital bills and are not eligible for
any of these programs.
Mr. Thompson
identified some of the issues pertinent to the question of spreading costs
versus revenues equally for health care to indigents, including:
·
·
Ensuring
access to quality and affordable health care for all Nevadans;
·
·
Increasing
Medicaid payments through an upper payment limit or other cost-based
methodology (allowed under federal laws and regulations) to generate additional
federal revenues and help offset the overall costs of Medicaid care in the
state;
·
·
Private
hospitals in rural areas receiving funds;