Legislative/Regulatory Issues

WHY SHOULD YOU BELONG TO TORCH?

Over the past several years TORCH has made huge strides, ensuring that the Assisted Living Industry is represented in the Legislative and Regulatory arena. As a result, one of the most valuable benefits to your membership in TORCH is our work on YOUR behalf with the State Legislature, Department of Aging and Disability Services (DADS), Area Agency on Aging, and various other regulatory and social services agencies. In April of 2007 TORCH took an important step by HIRING PROFESSIONAL LOBBYISTS to ensure that the issues that are crucial for the Assisted Living Industry were properly addressed.

Professor Jordan Berry and former Representative Ben Campbell were retained to guide us through the remainder of the 80th Legislative Session in 2007. They went to work immediately meeting with key members of the Legislature, developing strategy plans, and helping TORCH accomplish their legislative agenda:

SB1055-Flawed legislation that prohibited any building that had ever been licensed as a nursing home from participating in wavier programs if they had converted to an assisted living facility. Bill was amended to correct the problem that affected TORCH members.
HB 2474-Flawed legislation that would have forced CBA providers to keep a resident if they decided to no longer participate in the wavier programs—Bill killed
The hard work and persistence on the part of our lobbyists provided a long overdue increase in reimbursement rates for CBA and CCAD providers—15%-22%.

Representative Betty Brown named 2007 TORCH Legislator of the year!!!

81st LEGISLATIVE SESSION – 2009

TORCH sponsors First Assisted Living Day at the Capitol February 10, 2009!!!!

Critical agenda items for 2009 included:

HB5 - Proposed a statewide smoking ban which would have affected residents of Assisted Living facilities. We worked to get long term care exempt. Bill killed
SB19 - Lowered the state franchise tax on small businesses earning under $1 million in annual revenue. Bill passed.
SB76 - Would have required finger printing of all employees of Assisted Livings. Bill killed
SB222 - Would deny the right of residents to arbitrate disputes. TORCH believes residents and their families should have the right to resolve disputes without the expensive process of going to court. Bill killed
HB242 - Would have required Assisted Living providers to supply personal ID devices for all residents. Bill killed
HB1186 - Would have prevented providers in the CBA/CCAD programs who wanted to withdraw from their contracts, from releasing residents on those contracts. Bill killed
HB1710 - Would have required Assisted Livings in storm prone areas to provide emergency generators, even if their emergency plan was to evacuate. Bill killed

Bills were killed because we worked hard to kill them – they would have hurt the industry and affected YOUR bottom line.

Reimbursements Rates for CBA and CCAD Providers:
CBA and CCAD providers received an increase in the Medicaid provider rates starting Sept. 1, 2009 ranging from $0.82 to $1.10 per day per resident. These rate increases were provided by the Texas Legislature to help compensate for the increase in hourly wages of employees mandated by the federal minimum wage increase.

Senator Doctor Bob Deuell named 2009 TORCH Legislator of the Year!!!

TORCH Lobbyists, Ben Campbell and Jordan Berry, along with four other Government Relations members travel to Washington D.C, to meet with the Center for Medicaid and Medicare Services (CMS) to advocate for Medicaid recipients -- October 2009!!!!

82nd Legislative Session—2011

Critical agenda items for 2011 included:

HMO Reform Bill - TORCH overturns AG opinion stating AL homes do not have the authority to provide intermittent nursing.
HB309 - Flawed legislation that would have cut into existing wavier programs, would have provided tax credits for out of state developers and would have allowed new homes to have less regulation—Bill was derailed!!!!
AL/RC rates for CBA and CCAD were maintained in a year were major cuts were seen in most state budgets.
Additional funds for CBA were found which will increase slots.

Bryan Hughes named 2011 TORCH Legislator of the year!!!

TORCH is truly an advocate for quality care for the elderly and disabled, an advocate for residential care and assisted living, and an advocate for our providers of these services. If you are looking for an industry led organization, and are interested in advancing the goals of TORCH, we invite you to join us.