How to be an Advocate for Assisted Living

How to be an Advocate for Assisted Living Jaime Capelo, Capelo Law Firm Diana Martinez, Texas Assisted Living Association February 15, 2019

Today’s Topics Ø Key Leaders and the Legislative Process Ø A Frame Work for Advocating Ø TALA’s Legislative Agenda for the 86 th Legislative Session Ø Opportunity to Get Involved

th 86 Legislative Session Key Leaders and the Legislative Process

Governor Greg Abbott Republican from Houston, TX

Lieutenant Governor Dan Patrick Republican from Houston, TX

Speaker of the Texas House of Representatives Dennis Bonnen Republican from Angleton, TX

86 th Texas Legislature Texas Senate – 31 Members Ø 19 Republicans – 12 Democrats Ø Health and Human Services Committee Chair Lois Kolkhorst Texas House of Representatives – 150 Members Ø 83 Republicans – 67 Democrats Ø Human Services Committee Chair James Frank

The Legislative Process Simplified Calendars Chamber Votes Committee Hearing Bill is filed Process Starts Over in Opposite Chamber Governor can sign, do nothing, or veto

https: //tlc. texas. gov/docs/billprocess /Bill. Process. Senate_Final. pdf Source: Texas Legislative Council

How busy will the 86 th Legislative Session be? Began January 8 th Lasts 140 days 83 rd Legislative Session Ø 5868 bills were filed Ø 1457 passed outright (24. 8%) 84 th Legislative Session Ø 6, 276 bills were filed Ø 1282 passed outright (20. 4%) 85 th Legislative Session Ø 6, 631 bills filed Ø 1, 211 passed outright / Governor vetoed 50 (17. 5%)

A Framework for Advocating! You must do the thing that you think you cannot do. ~ Eleanor Roosevelt

Legislative Session Competition on Legislative Session Competition Legislators Respond To Ø Members of their districts Ø People they have a relationship with Ø Organizations that are engaged and understand the process Ø Organized efforts that capture the moment Ø Media and news events

Set a course to inform! Ø You are an expert Ø Talk to your friends Ø Talk to youth Ø Talk to your elected leaders

Getting Someone’s Interest Ø Tell a personal story / concern from the news Ø Legislators / elected officials are just like the rest of us Ø Get background information to see if you have a common connection. Check out their bios / campaign websites / twitter accounts. Ø Remember they were elected to serve their community and most of them are very in tune with trying to serve their district and what is happening in their districts 14

You’re an Expert Ø Develop a focused message / Be informed Ø Be a resource / Provide useful information Ø Use data when you can Ø Don’t be afraid to let them see your passion Ø Never overstate a problem or a solution. Ø You don’t have to know all the answers 15

Setting up the Meeting Ø Ø Ø Ask to speak to the person who scheduler State your name, your organization, and if you are a constituent (you live / or your organization is located in the legislator’s district) Topic you want to discuss Ask for 20 minutes If booked, ask for a 5 minute meeting - If not, ask if you can schedule meeting with the person who handles the issue - policy analyst or chief of staff Follow-up with an email request 16

Who Represents Me? Ø Know at least your 2 elected state officials: State Representative and State Senator Ø Go to: http: //www. capitol. state. tx. us / “Who Represents Me”

TALA’s Advocacy Day Preparing for the Big Day Ø Make sure you know where you are going § Capitol Parking Garage (San Jacinto and 12 th) § Legislator’s office (Texas Senate, Texas House of Representative websites) Ø Bring your materials Ø Wear comfortable shoes Ø Business causal dress to business dress 18

TALA’s Advocacy Day Visiting Your Legislator Ø Thank them for the meeting. Acknowledge the commitment they’ve made Ø Tell them who you are. I’m a here for Texas Assisted Living Awareness Day/ Describe your organization / I’m a constituent Ø Get to the Point Quickly: Your Advocacy Agenda § Keep your message simple (3 issues at most) § Listen well (verbal and non-verbal) § Never be disagreeable Ø Ask for their support 19

Resources Ø Texas Senate: https: //senate. texas. gov/ Ø Texas House of Representatives: https: //house. texas. gov/ Ø Texas Legislature Online: https: //capitol. texas. gov/ Legislative Process § How a Bill Becomes Law § How to Follow A Bill § Dates of Interest | Glossary § End of Session Deadlines

Texas Legislature Online www. capitol. state. tx. us

REMEMBER: Ø In politics there are no permanent enemies; an enemy today may be an ally tomorrow. Ø The bottom line is that the Texas Capitol revolves around relationships. 22

th 86 Legislative Session TALA’s Legislative Agenda

Clarify the Types of Services Assisted Living Communities Can Provide Ø Clarify current law so assisted living communities (ALC) may perform Health Maintenance Activities (HMAs) as defined by the Texas Board of Nursing. Ø HMAs are tasks, based on a RN assessment, that enables a person to remain in an independent living environment. Ø Independence/Choice - Lack of clarity on the types of services an ALC can offer prevents ALCs from performing certain non-skilled health tasks that may enable a resident to remain in their assisted living community. Ø Manage Resources – This change will help Texas meet the demands of our rapidly growing senior population and is a step to better address the needs of older Texans by creating efficiencies across the continuum of care.

Safer Assisted Living Communities Through Heightened Background Checks Ø Currently, Texas requires that assisted living employees be screened by conducting a Texas state criminal background check and verifying that the potential employee’s name not appear on the CNA registry or the employee misconduct registry. Ø This system does not effectively eliminate the risk that a job applicant who has recently moved to Texas with a disqualifying crime will be caught during the application process or prior to employment. Ø While the vast majority of reported cases of elder abuse occur in domestic situations, news reports show that elder abuse can also be an issue in assisted living communities. Taking steps to ensure that an aide who has been convicted of diverting narcotics or abusing patients outside of Texas will be screened out will increase resident safety.

Safer Assisted Living Communities Through Heightened Background Checks ØFor all perspective applicants who have moved to Texas within 5 years of the date employment application, require assisted living communities conduct a state criminal background in each state that the applicant resided. ØRequire all applicants deny in a statement that no disqualifying crimes have occurred. ØA facility may employ a person pending an out-of-state criminal history check; however, the facility shall ensure that the person has no direct care contact with a resident until the facility obtains the person's criminal history record information and verifies the person's employability.

Budget Ø Advocate for additional HHSC funding for surveyors § 74 positions lost after last session Ø Advocate that the Assisted Living Ombudsman’s maintain funding § ALF ombudsman funds were impacted by general appropriation reductions to HHSC – loss of $90, 000/year. § As a result of the loss in funding, facility visits will be reduced. In previous years, ombudsmen were required to visit between 4 -10 times a year, depending on the facility type and size. Ombudsman are now required to visit anywhere between 4 -7 times a year. This results in approximately 1, 600 fewer visits.

Get Involved!

ADVOCACY DAY 2019 TALA Advocacy Day at the Texas Capitol – March 5 th Ø The day will begin with a ½ day briefing at the Double Tree by the Texas Capitol Ø Legislative meetings at the Texas Capitol will be scheduled for participants for the afternoon Ø Detailed materials will be provided after registration – agenda, maps, talking points, and more Ø Register at TALA. org

Contact Information Diana Martinez VP of Public Policy Texas Assisted Living Association 4505 Spicewood Springs Rd, Suite 250 Austin, TX 78759 512 -914 -3908 Diana. martinez@tala. org Follow me on Twitter: Under the Dome w/ TALA @TALAPolicy