Session of 1999
House Concurrent Resolution No. 5041
By Representatives McClure, Larkin, Aday, Alldritt, Aurand, Ballard,
                Barnes, Beggs, Bethell, Cox, Crow, Dreher, Farmer, Feuerborn, Fin-
                dley, Flaharty, Flora, Flower, Franklin, Garner, Gatewood, Grant, Ha-
                ley, Hayzlett, Henderson, Henry, Huff, Humerickhouse, Hutchins,
                Johnson, Johnston, Kirk, Klein, Phill Kline, Kuether, Light, M. Long,
                P. Long, McCreary, McKechnie, McKinney, Minor, Myers, Nichols,
                O'Brien, Pauls, E. Peterson, Phelps, Powell, Powers, Ray, Reardon,
                Rehorn, Reinhardt, Ruff, Schwartz, Sharp, Showalter, Shriver, Sloan,
                Stone, Storm, Tanner, Tedder, Thimesch, Toelkes, Toplikar, Vining,
                Weiland, Wells, Welshimer and Wilk

19             A  CONCURRENT  RESOLUTION memorializing Congress to rescind
20             certain Health Care Financing Administration (HCFA) rules requiring
21             Outcome and Assessment Information Set (OASIS) reporting.
24             WHEREAS,  New rules made by HCFA require OASIS assessment
25       and follow-up reports for all patients of Medicare-certified home health
26       agencies and health departments whether or not the personal or attendant
27       care for such patients is paid from Medicare; and
28             WHEREAS,  The new HCFA report requires an 18-page initial as-
29       sessment, which must be completed by a registered nurse, with a 13 page
30       follow-up assessment being required every 60 days; and
31             WHEREAS,  The requirement for computer software for the prepa-
32       ration and transmission of such assessments and follow-up reports is an-
33       other unfunded mandate of the federal government; and
34             WHEREAS,  The HCFA requirement requires costly unfunded re-
35       porting of those who receive services which are not paid by Medicare--
36       which reporting duplicates existing assessment and reporting require-
37       ments of the Kansas Department on Aging; and
38             WHEREAS,  In the environment of the small, home health care serv-
39       ices existing in Kansas, it is not feasible to create separate organizations
40       to provide services for non-Medicare customers. The end result of the
41       HCFA rules is that Medicare-certified agencies will no longer be able to
42       provide in-home services to non-Medicare customers. Consequently, with
43       lower levels of preventive home services being available to older Kansans
44       there will be an increase in hospital admissions, thus increasing Medicare
45       costs, and an increase in nursing home admissions, thus increasing Med-

HCR 5041


  1       icaid costs; and
  2             WHEREAS,  OASIS appears to be solely a research project of HCFA,
  3       totally unfunded by federal sources, and accomplished with loss of funds
  4       by reporting agencies and loss of services for Kansas seniors: Now,
  5       therefore,
  6             Be it resolved by the House of Representatives of the State of Kansas,
  7       the Senate concurring therein: That we memorialize the Congress of
  8       the United States to require the Health Care Financing Administration
  9       OASIS reporting and data reporting requirements to apply only to Med-
10       icare patients and not to all patients of Medicare-certified home health
11       agencies; and
12             Be it further resolved: That the Secretary of State be directed to pro-
13       vide an enrolled copy of this resolution to the President of the United
14       States, Secretary of Health and Human Services, President of the United
15       States Senate, Speaker of the United States House of Representatives,
16       minority leaders of the United States Senate and the United States House
17       of Representatives, and to each member of the Kansas Congressional
18       delegation.