_________ Joint Resolution No. _______

Introduced By _______________________________________________________________________________

A Joint Resolution of the Senate and the House of Representatives of the state of Montana urging the United States Congress and the Health Care Financing Administration to consider allowing greater flexibility to the states in application of federal certification requirements related to regulation of long-term care facilities.

WHEREAS, the Montana Health Care Advisory Council reviewed cost and quality of care issues related to the delivery of health care in Montana, as directed by the 1995 Legislature; and

WHEREAS, the Montana Health Care Advisory Council recognizes that regulations for nursing homes created at the federal level do not always take local issues and problems into consideration; and

WHEREAS, excessive and inflexible regulations relating to the provision of health care add costs that are passed on to consumers.

NOW, THEREFORE, BE IT RESOLVED BY THE SENATE AND THE HOUSE OF REPRESENTATIVES OF THE STATE OF MONTANA:

That the Legislature urges the United States Congress and the Health Care Financing Administration to allow states a greater level of flexibility in:

(1) applying federal certification standards to nursing homes through a waiver process that allows the states to propose reasonable regulatory methods subject to the approval of the Health Care Financing Administration;

(2) including in the waiver process a provision to allow states to conduct federal Medicaid and Medicare surveys on a schedule that allows states the option of conducting annual, biennial, or triennial surveys of long-term care facilities; and

(3) including in the waiver process a provision to accept Medicaid and Medicare "deemed status" for long-term care facilities that secure accreditation from acceptable private regulatory entities, such as the Joint Commission for Accreditation of Health Care Organizations.

BE IT FURTHER RESOLVED, that the Secretary of State send copies of this resolution to the Montana Congressional delegation.

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