Sen. David Koehler
Filed: 3/24/2009
 
 

 




 

 		












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AMENDMENT TO SENATE BILL 135




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    AMENDMENT NO. ______. Amend Senate Bill 135 on page 1, line 
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23, after the period, by inserting the following: "Criteria 
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applicable to a spousal caregiver shall include, but need not 
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be limited to, (i) a limitation on the total hours of a spousal 
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caregiver's outside employment plus hours of providing care to 
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his or her eligible spouse to ensure that the complete plan of 
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care is delivered to the eligible spouse and (ii) limitations 
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on a spousal caregiver's participation in the demonstration 
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project if the caregiver has a known history of spousal abuse, 
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neglect, or exploitation."; and


 
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on page 2, line 2, after the period, by inserting the 
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following: "Spousal caregivers shall be paid at the Personal 
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Assistant level of care and pay rate. In those instances in 
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which the eligible spouse requires specialized services (for 
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example, services provided by a certified nursing assistant 
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(CNA), licensed practical nurse (LPN), or registered nurse 
 


 






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(RN)) and the spousal caregiver has the corresponding 
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certification or licensure, the spousal caregiver shall be paid 
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the higher rate for the specialized services only. The 
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specialized services the eligible spouse is authorized to 
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receive shall be defined and approved in the services plan."; 
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and
 
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on page 2, after line 21, by inserting the following:
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        "(11) Monthly in-home monitoring of the health and 
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    safety of the eligible spouse.
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        (12) Documentation of the marital relationship for 
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    participation in the demonstration project.
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        (13) Assurances that the eligible spouse is capable of 
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    communicating his or her needs.
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        (14) Enrollment of an alternative care provider to 
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    ensure that there is no disruption of care to the eligible 
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    spouse.
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        (15) Assurances that the spousal caregiver is 
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    emotionally, physically, and cognitively able to provide 
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    the necessary care to the eligible spouse.".