Bill enhances assisted living options
Capitol Spotlight for weeklies for week of June 10, 2007
By Jim Campbell
OPA Capitol News Bureau 
Rural areas that have had trouble finding qualified long-term care administrators for assisted living centers will be able to share with other communities through new legislation signed by the governor.
Senate Bill 738, signed on June 5, is intended to enhance service options and protections for assisted living residents and allow them to stay there longer.
A provision of particular benefit to rural areas says the State Health Department may permit facilities with total residents of no more than 120 within a 50-mile radius to use the same administrator, aging advocates say.
"That's a really good thing," said Mary Brinkley of the Oklahoma Association of Homes and Services for the Aging, an organization in a broad coalition that lobbied for the bill near the end of the session.
The bill was authored by Senate co-president Mike Morgan, D-Stillwater, and Rep. Gus Blackwell, R-Goodwell. The coalition said it also worked with Rep. Dave Dank, R-Oklahoma City, chairman of the House subcommittee on Elderly and Long Term Care Issues. 
"This legislation represents an important and necessary victory for consumer rights related to the assisted living elderly in Oklahoma," said Esther Houser, state long-term care ombudsman.
The bill allows contracting with third parties and intermittent health care in assisted living centers so residents do not have to be moved into nursing homes.
The coalition objected to language that had allowed the facilities to delegate responsibility for monitoring care to the family or a third party. This responsibility was instead assigned to the physician, the facility, the resident or a representative and must be described in a written plan of accommodation.
"This is very important," Brinkley said. "They must all be in agreement or it cannot be implemented."
HHH
Oklahoma taxpayers can one day look to their computer screens to see where their money goes.
Gov. Brad Henry signed the Taxpayer Transparency Act during action on nearly 50 of the last bills passed by the 2007 Legislature, but acknowledged concerns of the State Chamber of Commerce.
Senate Bill 1 by Sen. Randy Brogdon, R-Owasso, and Rep. Randy Terrill, R-Moore, directs the Office of State Finance (OSF) to set up a Website by Jan. 1 displaying state expenditures including tax credits and business incentives.
The State Chamber urged a veto, saying tax credits "are critically important" to economic development and disclosure could scare away industrial prospects.
Because of these concerns, the Website that already has been under construction may not be searchable until later.
Henry said the Legislature should act quickly to further explore the impact of the bill "and take action to rectify any unintended consequences."
The OSF said it will need about $300,000 a year to maintain and update the Website, after an initial expenditure of $100,000.
Sens. Tom Coburn, R-Okla., and Barrack Obama, R-Ill., have co-authored similar legislation in Congress.
HHH
Henry completed positive action on 381 bills sent him by signing a bill allowing incoming college students to lock in their tuition for four years.
He said he signed HB 2103 by House Speaker Lance Cargill, R-Harrah, and Sen. Mike Johnson, R-Kingfisher, although he had "serious concern" about its long-term consequences on tuition and educational quality.
"This legislation does not take effect until the 2008-2009 school year, and I look forward to working with legislative leaders to address these issues in the next legislative session," Henry said. 
The governor also used his veto for the twelfth time this year, striking down HB 1930 by Rep. Kris Steele, R-Shawnee, and Sen. Charlie Laster, D-Shawnee. It would have covered doctors under the governmental Tort Claims Act who contract with the Oklahoma Health Care Authority to perform such administrative tasks as reviewing medical charts.
He said it was "overly broad" and ambiguous and covered elsewhere.
Other late-signed bills include creation of an Oklahoma Bioenergy Center, a permanent funding source for Oklahoma Higher Learning Access Program (OHLAP) college scholarships and further protection against child abuse and neglect.
The renewable energy center, part of the governor's legislative agenda, was sponsored by Sen. Joe Sweeden, D-Pawhuska, and Rep. Dennis Adkins, R-Tulsa.  Research will include development of feedstocks, collection and transportation, conversion technologies and distribution.
Under the OHLAP legislation, the state regents will estimate each year how much more funding is needed and that amount will be subtracted from general revenue estimates. That means it does not depend on legislative appropriation.
The child abuse bill is called the Letha Kay Louise Slate Act, named for a six-year-old girl who drowned in a bathtub in Duncan while her mother was napping. It changes language in the child abuse and neglect statutes that had prevented prosecutors from pursing a second-degree murder charge.
SB 790 by Sen. Debbe Leftwich, D-Oklahoma City, and Steele also requires public release of information regarding child-death and near-death cases.
HHH