Important Legislative and Governmental Issues

State page here DPHHS page here DPHHS Budget (PDF) here 2007 Session Link here Appropriations Schedule here MCI Legislative Priorities here

LAWS System Access Instructions here

Week 5 Week 4 Week 3

WEEK 5 (January 29 February 3) SUMMARY top of page

1) The Joint Appropriations Subcommittee on Health and Human Services started the week with the public hearing for CFSD and it went extremely well. There were many foster and adoptive families and youth who testified, as well as providers. Special thanks to Twyla Costigan and Jeff Tiberi - Intermountain, Geoff Birnbaum - Youth Homes and Brenda Quillen and Rick Hamblin - YBGR for being at the hearing and doing a great job. Budget overviews for Human and Community Services Division and Public Health and Safety Division also took place. Executive action for CFSD included the HHS Approps Subcommittee approving DP 30010, adding an additional 15 FTE field staff for CFSD. The Division will also have 11 FTE that were moved from the Disability Services Division that were no longer needed at Boulder. 2 FTE were added for expansion of SSI and 2 FTE for In-Home Services were made permanent.

2) We are still working on HB 57 and hope to have information to Approps by the end of the week regarding insurance plan specs.

HB 57

LC0440

Eve Franklin

(H) Hearing-- (H) Appropriations

01/22/2007; UPON ADJ, Rm 102

Foster parent liability insurance

3) SB 22 - Weinberg expanding CHIP eligibility to 175% of FPL passed out of Senate Finance & Claims on 2/2 and go back to the Senate.

SB 22

LC0439

Dan Weinberg

(S) Committee Report--Bill Passed as Amended-- (S) Finance and Claims

02/02/2007

Allow expansion of CHIP eligibility up to 175% of federal poverty level

4) SB 149 is till waiting executive action in Senate PHWS. As an FYI, Anna Whiting-Sorrell from the Governor's office testified on SB 149 to revise use of the Xanthopoulos Building at the MSH, in relation to the joint Department of Corrections/DPHHS STEP Project for mentally ill offenders. Nine advocacy groups were represented by Anita Rossman from MAP were in opposition and are supporting more funding for community based services and options. This bill is still waiting executive action.

SB 149

LC0464

Bill Tash

(S) Hearing-- (S) Public Health, Welfare and Safety

01/29/2007; 3 PM, Rm 317A

Revise use of Xanthopoulos building

CURRENT AND UPCOMING ACTIVITIES

1) LC 1575 regarding filing charges for sexual relations is ready still has not yet been introduced and may need to be reworked based on review of the broadness of the language by DPHHS attorney Russ Cater.

LC1575

12/04/2006

Lynda Moss

01/24/2007

Revise without consent for social service provider agency

2) I am continuing to finalize the MCI proposal to the HHS Approps Subcommittee. Senator Greg Lind will carry the amendment to add a 4% rate increase each year of the biennium in CFSD. I will be asking Dan Weinberg to carry the 5% rate increase in CMHB. Joey Jane will carry the campus based rate parity increase and I hope she will also carry the SOC sustainability.

3) The HHS Approps Subcommittee will hear budget overviews from the Quality Assurance Division and will take executive action on this division as well as Public Health and Safety Division. All of the major Decision Packages and New Proposals for the whole Department will be finalized by Friday February 9.

4) Following are two bills to further establish drug treatment and mental health courts. Please review these bills.

HB 472	LC0993	Elsie Arntzen	(H) Hearing-- (H) Appropriations	02/06/2007; UPON ADJ, Rm 102	Appropriate funding for drug courts
SB 382	LC1517	Jesse Laslovich	(S) Hearing-- (S) Judiciary	02/06/2007; 8 AM, Rm 303	Establish mental health courts

5) Following are the current schedules for House HS and Senate PHWS. As you can see the movement is still fairly slow in these two committees. Action should pick up as we move into February.

Committee Name:	(H) Human Services
Normal Room:	152
Normal Days:	MWF
Normal Time:	3 PM

Scheduled Hearings

Date	Time	Room	Bill Type - Number	Short Title	Primary Sponsor	Comments
07-FEB-07	3 PM	152	HB445	No disciplinary action for certain nontraditional medical practices	Janna Taylor
07-FEB-07	3 PM	152	HJ19	Urge facilitate access to health care information by families or HIPAA amendment	Penny Morgan
05-FEB-07	3 PM	152	HB359	Individual medical lab test without physicians orders	Ernie Dutton
05-FEB-07	3 PM	152	HJ18	Study chronic pulmonary obstructive disease and asthma	Jill Cohenour

Committee Name:	(S) Public Health, Welfare and Safety
Normal Room:	317
Normal Days:	MWF
Normal Time:	3 PM

Scheduled Hearings

Date	Time	Room	Bill Type - Number	Short Title	Primary Sponsor
16-FEB-07	3 PM	317A	SB336	Prohibit sale of flavored cigarettes, cigars, and smokeless tobacco	Greg Lind
16-FEB-07	3 PM	317A	SB387	Cancer screening disclosure for insurance companies	Carolyn Squires
16-FEB-07	3 PM	317A	SB394	Revise state facility fund transfers for persons with disabilities	Carolyn Squires
16-FEB-07	3 PM	317A	SJ7	Study requiring background checks for direct care workers	Greg Lind
14-FEB-07	3 PM	317A	SB246	Include ambulance services under medical providers able to establish lien	Steven Gallus
14-FEB-07	3 PM	317A	SB326	Prescription drug monitoring plan	Trudi Schmidt
14-FEB-07	3 PM	317A	SB397	Revise dispensing of drugs at employer based clinics	Kim Gillan
12-FEB-07	3 PM	317A	SB265	Revising premium provisions of the comprehensive health association plan	Sam Kitzenberg
12-FEB-07	3 PM	317A	SB289	Allow prescribed epinephrine use in school for severe allergies	Steven Gallus
12-FEB-07	3 PM	317A	SB368	Confidentiality of group medical practice quality assurance information	Greg Lind
12-FEB-07	3 PM	317A	SJ5	Study acute care and rural emergency medical services	John Brueggeman
09-FEB-07	3 PM	317A	SB226	Achieving accountability for state elder long-term care	Lynda Moss
09-FEB-07	3 PM	317A	SB288	Revise laws related to board of private adolescent programs	Trudi Schmidt
07-FEB-07	3 PM	317A	HB144	Clarify waste management laws	Arlene Becker
07-FEB-07	3 PM	317A	SB312	Restricting certain credentialing in exchange for medical privileges	Greg Lind
07-FEB-07	3 PM	317A	SB93	Revise and fund service area authorities	Gerald Pease
05-FEB-07	3 PM	317A	SB287	Revise uniform anatomical gift act	Dan Weinberg

Preference List - MCI/SOC

* after status indicates the bill is probably dead
Total number of Introduced Bills - 36
Total number of Introduced and Unintroduced Bills - 92

Bill Type - Number	LC Number	Primary Sponsor	Status	Status Date	Short Title
HB 53	LC0374	Norma Bixby	(H) 2nd Reading Pass Motion Failed*	02/03/2007	Revise Uniform Child Custody Jurisdiction Act
HB 57	LC0440	Eve Franklin	(H) Hearing-- (H) Appropriations	01/22/2007; UPON ADJ, Rm 102	Foster parent liability insurance
HB 84	LC0517	Dave McAlpin	(S) Referred to Committee-- (S) Judiciary	01/26/2007	Clarify court jurisdiction for sales of alcohol to minors
HB 91	LC0468	Edith Clark	(S) Referred to Committee-- (S) Judiciary	02/01/2007	Revise child abuse and neglect law
HB 98	LC0479	Eve Franklin	(H) Rereferred to Committee-- (H) Appropriations	01/23/2007	Reduce out-of-home placements of children
HB 157	LC0483	Mary Caferro	(H) Hearing-- (H) Human Services	01/24/2007; 3 PM, Rm 152	Revise CHIP laws
HB 217	LC2093	Michael Lange	(H) Hearing-- (H) Judiciary	01/18/2007; 8 AM, Rm 137	Noncustodial parents apply values through foster parents
HB 387	LC1450	Mary Caferro	(H) Referred to Committee-- (H) Appropriations	01/26/2007	Increase CHIP eligibility level
HB 394	LC1987	William J Jones	(H) Referred to Committee-- (H) Appropriations	01/19/2007	Dental benefit for underinsured children
HB 429	LC2342	Jon C Sesso	(H) Referred to Committee-- (H) Appropriations	01/26/2007	Revise medicaid funding principles
HB 437	LC1394	Dave Gallik	(H) Hearing-- (H) Judiciary	02/01/2007; 8 AM, Rm 137	Dispute resolution clause in social services contracts
HB 446	LC0603	Dan Villa	(H) Referred to Committee-- (H) Appropriations	01/29/2007	Reimburse counties for costs related to state mental health facilities
HB 472	LC0993	Elsie Arntzen	(H) Hearing-- (H) Appropriations	02/06/2007; UPON ADJ, Rm 102	Appropriate funding for drug courts
HB 485	LC2377	Deborah Kottel	(H) Hearing-- (H) State Administration	01/31/2007; 8 AM, Rm 455	Regulate use of title of social worker
HB 548	LC2028	Dennis Himmelberger	(H) Referred to Committee-- (H) Judiciary	02/02/2007	Revise parental rights and foster child laws
HB 551	LC1157	Arlene Becker	(H) Referred to Committee-- (H) Appropriations	02/02/2007	County costs for precommitment evaluation for mental illness
HJ 26	LC2431	Tim Callahan	(H) Referred to Committee-- (H) Judiciary	02/02/2007	Study mental health issues in criminal and juvenile justice systems
SB 22	LC0439	Dan Weinberg	(S) Committee Report--Bill Passed as Amended-- (S) Finance and Claims	02/02/2007	Allow expansion of CHIP eligibility up to 175% of federal poverty level
SB 27	LC0445	John Esp	(S) Transmitted to House	01/12/2007	Revise grandparent grandchild contact law
SB 45	LC0442	Dan Weinberg	(S) Transmitted to House	01/25/2007	Revise laws governing inpatient behavioral health facilities
SB 49	LC0448	John Esp	(S) Hearing-- (S) Judiciary	01/11/2007; 8 AM, Rm 303	School enrollment by relative caretaker
SB 50	LC0364	Steven Gallus	(S) Transmitted to House	01/12/2007	Prohibit probation and parole officer sexual contact with probationer or parolee
SB 65	LC0614	John Cobb	(S) Transmitted to House	01/25/2007	Restrict transfers to health and medicaid initiatives account
SB 81	LC0441	Trudi Schmidt	(S) Transmitted to House	02/01/2007	Include licensed psychologists as statutory providers
SB 83	LC0477	Trudi Schmidt	(S) Transmitted to House	01/22/2007	Clarify state role for child placed with noncustodial parent
SB 93	LC0569	Gerald Pease	(S) Hearing-- (S) Public Health, Welfare and Safety	02/07/2007; 3 PM, Rm 317A	Revise and fund service area authorities
SB 108	LC0499	Vicki Cocchiarella	(S) Committee Report--Bill Passed as Amended-- (S) Business, Labor, and Economic Affairs	01/30/2007	Revise work comp laws-ind. contractors-med. fees-impaired insurers-etc
SB 119	LC0381	Lynda Moss	(S) Transmitted to House	01/16/2007	Clarify exchange of youth court record info with youth detention facilities
SB 146	LC0369	Jim Shockley	(S) Transmitted to House	01/26/2007	Revise juvenile delinquency intervention act
SB 149	LC0464	Bill Tash	(S) Hearing-- (S) Public Health, Welfare and Safety	01/29/2007; 3 PM, Rm 317A	Revise use of Xanthopoulos building
SB 150	LC0513	Kim Gillan	(S) Transmitted to House	01/19/2007	Exclude property contributions from qualified endowment credit and extend credit
SB 164	LC0362	Steven Gallus	(S) Transmitted to House	01/24/2007	Clarify role of counsel and guardian ad litem to prevent conflict of interest
SB 212	LC1941	John Cobb	(S) Referred to Committee-- (S) Public Health, Welfare and Safety	01/09/2007	Revise time for treatment plan for mental health facility
SB 382	LC1517	Jesse Laslovich	(S) Hearing-- (S) Judiciary	02/06/2007; 8 AM, Rm 303	Establish mental health courts
SJ 6	LC2357	Trudi Schmidt	(S) Referred to Committee-- (S) Judiciary	01/29/2007	Juvenile justice interim study resolution
SJ 7	LC2432	Greg Lind	(S) Hearing-- (S) Public Health, Welfare and Safety	02/16/2007; 3 PM, Rm 317A	Study requiring background checks for direct care workers

WEEK 4 (January 22 - 30) SUMMARY top of page

1) The Joint Appropriations Subcommittee on Health and Human Services started the week with executive action on the Disabilities Services Division. This division has gone through a major rate redesign in the past 3 years. Hearings and public testimony on the Senior and Long-Term Care Division were packed. The hearing on the Director's Office included three important program expansion initiatives:

Tribal coordinator position to help access federal Medicaid pass-through funds;
Waiver of deeming which was not pursued for Medicaid eligibility of children with serious emotional disturbances. The department already administers two waivers for children who are physically disabled and children who are developmentally disabled; and
the HIFA waiver to refinance 100% state funded services by including them in the Medicaid program: (a) About 1550 more children served under CHIP; (b) 120 to 150 per year uninsured youth age 18 – 20 formerly in foster care who are SED would receive a CHIP look alike benefit with a specialized life skills component; (c) about 60 per year persons eligible for the MCHA assistance program would receive premium assistance; and (d) about 1500 others would receive a basic health insurance package equivalent to $2,000 per person per year, e.g., uninsured adults with children under 21, uninsured MHSP, and uninsured youth age 18 – 24. Implementation is set for July .

Budget hearings for Child and Family Services Division were held on Thursday and Friday with testimony, on Monday 1/29. The public hearing for CFSD went extremely well. There were many foster and adoptive families and youth who testified, as well as providers. Special thanks to Twyla Costigan and Jeff Tiberi - Intermountain, Geoff Birnbaum - Youth Homes and Brenda Quillen and Rick Hamblin - YBGR for being at the hearing and doing a great job.

2) HB 157 - Caferro revises exceptions on the limit to administrative expenses. I provided brief testimony in support.

3) SB 22 - Weinberg expanding CHIP eligibility was amended from 165% of FPL to 175% of FPL. The bill passed out of the Senate 33-16 and will be head in Senate Finance & Claims on 2/1.

5) SB 45 - Weinberg revising BHIF's has passed the Senate and has been transmitted to the House.

6) As an FYI, Anna Whiting-Sorrell from the Governor's office testified on SB 149 to revise use of the Xanthopoulos Building at the MSH, in relation to the joint Department of Corrections/DPHHS STEP Project for mentally ill offenders. Nine advocacy groups were represented by Anita Rossman from MAP were in opposition and are supporting more funding for community based services and options.

7) The Montana Mental Health Day on Monday, January 29 was a great success. MCI participated.

CURRENT AND UPCOMING ACTIVITIES

1) LC 1575 regarding filing charges for sexual relations is ready but has not yet been introduced.

LC1575

12/04/2006

Lynda Moss

01/24/2007

Revise without consent for social service provider agency

2) LC1495 changing the licensure of outdoor youth programs has been cancelled. After review by DPHHS Quality Assurance the attempted draft will not solve the billing issues.

3) MCI representatives who were at the CFSD hearing on Monday met after the CFSD hearing and worked on the funding MCI proposal for the HHS Approps Subcommittee. A rough draft will be sent out by tomorrow morning.

4) Following are the current schedules for House HS and Senate PHWS. As you can see the movement is still fairly slow in these two committees. Action should pick up as we move into February.

Committee Name:	(H) Human Services
Normal Room:	152
Normal Days:	MWF
Normal Time:	3 PM

Scheduled Hearings

Date	Time	Room	Bill Type - Number	Short Title	Primary Sponsor	Comments
05-FEB-07	3 PM	152	HB359	Individual medical lab test without physicians orders	Ernie Dutton
05-FEB-07	3 PM	152	HJ18	Study chronic pulmonary obstructive disease and asthma	Jill Cohenour
02-FEB-07	3 PM	152	HB386	Exclude life estates from assets for Medicaid eligibility	Rick Ripley
31-JAN-07	3 PM	152	HB414	Revise records regarding involuntary commitment of developmentally disabled	Michele Reinhart
29-JAN-07	3 PM	152	HB246	Disclosure of preferred provider contracting with nonpreferred provider	Deborah Kottel

Committee Name:	(S) Public Health, Welfare and Safety
Normal Room:	317
Normal Days:	MWF
Normal Time:	3 PM

Date	Time	Room	Bill Type - Number	Short Title	Primary Sponsor
02-FEB-07	3 PM	317A	SB118	Eliminate sunset for hospital bed tax	John Cobb
02-FEB-07	3 PM	317A	SB182	Set physician Medicaid rates as a percentage of rates paid by Medicare	John Cobb
02-FEB-07	3 PM	317A	SB354	Revise physician Medicaid reimbursement conversion factor	Greg Lind
31-JAN-07	3 PM	317A	SB142	Revise public health emergency authority	Greg Lind
31-JAN-07	3 PM	317A	SB162	Revise genetics program laws	Trudi Schmidt
29-JAN-07	3 PM	317A	SB140	Revise small business health insurance pool laws	Dan Weinberg
29-JAN-07	3 PM	317A	SB149	Revise use of Xanthopoulos building	Bill Tash
29-JAN-07	3 PM	317A	SB206	Health insurance incentives for Medicaid healthcare workers	John Cobb

Preference List - MCI/SOC

* after status indicates the bill is probably dead
Total number of Introduced Bills - 31
Total number of Introduced and Unintroduced Bills - 90

Bill Type - Number	LC Number	Primary Sponsor	Status	Status Date	Short Title
HB 53	LC0374	Norma Bixby	(H) Scheduled for 2nd Reading	01/29/2007	Revise Uniform Child Custody Jurisdiction Act
HB 57	LC0440	Eve Franklin	(H) Hearing-- (H) Appropriations	01/22/2007; UPON ADJ, Rm 102	Foster parent liability insurance
HB 84	LC0517	Dave McAlpin	(S) Referred to Committee-- (S) Judiciary	01/26/2007	Clarify court jurisdiction for sales of alcohol to minors
HB 91	LC0468	Edith Clark	(H) Scheduled for 3rd Reading	01/31/2007	Revise child abuse and neglect law
HB 98	LC0479	Eve Franklin	(H) Rereferred to Committee-- (H) Appropriations	01/23/2007	Reduce out-of-home placements of children
HB 157	LC0483	Mary Caferro	(H) Hearing-- (H) Human Services	01/24/2007; 3 PM, Rm 152	Revise CHIP laws
HB 217	LC2093	Michael Lange	(H) Hearing-- (H) Judiciary	01/18/2007; 8 AM, Rm 137	Noncustodial parents apply values through foster parents
HB 387	LC1450	Mary Caferro	(H) Referred to Committee-- (H) Appropriations	01/26/2007	Increase CHIP eligibility level
HB 394	LC1987	William J Jones	(H) Referred to Committee-- (H) Appropriations	01/19/2007	Dental benefit for underinsured children
HB 429	LC2342	Jon C Sesso	(H) Referred to Committee-- (H) Appropriations	01/26/2007	Revise medicaid funding principles
HB 437	LC1394	Dave Gallik	(H) Hearing-- (H) Judiciary	02/01/2007; 8 AM, Rm 137	Dispute resolution clause in social services contracts
HB 446	LC0603	Dan Villa	(H) Referred to Committee-- (H) Appropriations	01/29/2007	Reimburse counties for costs related to state mental health facilities
HB 472	LC0993	Elsie Arntzen	(H) Referred to Committee-- (H) Appropriations	01/26/2007	Appropriate funding for drug courts
HB 485	LC2377	Deborah Kottel	(H) Hearing-- (H) State Administration	01/31/2007; 8 AM, Rm 455	Regulate use of title of social worker
SB 22	LC0439	Dan Weinberg	(S) Hearing-- (S) Finance and Claims	02/01/2007; 5 PM, Rm 317B	Allow expansion of CHIP eligibility up to 175% of federal poverty level
SB 27	LC0445	John Esp