EXCLUSIVE: The Stevenson Motion

A Joplin-area lawmaker is moving to stop a series of new state rules designed to enhance safety in Missouri's residential care and assisted living facilities.

Rep. Bryan Stevenson (R-Webb City) has introduced a motion to amend close to two dozen Department of Health and Senior Services regulations currently pending before an obscure but powerful legislative committee.

The Joint Committee on Administrative Rules (JCAR) is holding hearings on a set of new rules for assisted living facilities, as a result of legislation passed last session.

According to a committee memo obtained by the KY3 Political Notebook, Rep. Stevenson's proposed changes would loosen or eliminate requirements for staffing, evacuation plans, immunizations and medical reviews at assisted living facilities.

In essence, this is the story of how one lawmaker can try to make sweeping changes to legislation (that's already been passed) in a small committee room, mostly out of the public eye.

According to the JCAR memo, Rep. Stevenson made motion at a hearing on Jan. 17th to "disapprove certain portions of the Department of Health and Senior Services Rules." The memo then goes on to outline the 23 proposed changes Rep. Stevenson wants.

Rep. Stevenson's proposals include removing Dept. HSS language requiring:

• "principals in the operation of the facility" provide addresses and social security numbers for employee background checks
• Criminal background checks for contracted services at facilities, like plumbing or air conditioning repair
• An emergency plan that requires facilities to be able to evacuate all of its residents within five minutes
• Reports to family members about the behavior of residents that "may potentially pose a threat of harm"
• "Influenza and pneumococcal immunizations" for each resident to prevent outbreaks
• Monthly reviews of residents' "medication regimen" by a physician or nurse
• "Responsibilities of specific staff in an emergency specific to the individual"
• "A change in a resident's physical, emotional or psychosocial condition . . . that would require an adjustment or modification in the resident's treatment or services."
• Special rules for facilities providing care to residents with mental illness or mental retardation
• A monthly review of a resident's condition in the facility after being hospitalized for an illness
• Specific staffing rules, including minimum hours a licensed nurse should be in a facility; Example: A nurse should be in a facility a minimum of 16 hours if that home has between 31 and 60 residents

Rep. Sam Page is a Democrat on the JCAR committee opposed to Stevenson's changes.

"The purpose of state government is to protect people who need it. This proposal will prevent adequate and appropriate care in assisted living facilities," Page said. "This would minimize care received by seniors and decrease liability of the owners of these facilities to protect their residents," he added.

JCAR is expected to hold another hearing on Rep. Stevenson's motion sometime this week. That is when the committee is expected to vote on Rep. Stevenson's changes. According to Page, if the committee rejects Stevenson's motion, the rules go into effect automatically. But if the committee approves the Stevenson motion, the changes would then need to go back to the full legislature for consideration.

"These rules put together by the Department of Health and Senior Services are designed to prevent tragedies like the Anderson situation," Rep. Page said. "This is one of the most important senior-related issues we'll deal with this session."

The main question yet to be asked is: Why would Rep. Stevenson want to eliminate all of these new rules? Is there a noble purpose to this? What would be the motivation?

I will attempt to contact Rep. Stevenson and publish his entire explanation right here. I also plan on contacting other members of the committee and the Dept. of Health and Senior Services.

Developing . . .