CSSB 57(JUD): "An Act relating to vulnerable adults and to the functions of the office of the state long term care ombudsman on behalf of vulnerable adults and senior citizens; and providing for an effective date."
00CS FOR SENATE BILL NO. 57(JUD) 01 "An Act relating to vulnerable adults and to the functions of the office of the 02 state long term care ombudsman on behalf of vulnerable adults and senior 03 citizens; and providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 44.21.225 is amended to read: 06 Sec. 44.21.225. Executive director. The executive director of the commission 07 shall 08 (1) formulate a comprehensive statewide plan that identifies the 09 concerns and needs of older Alaskans and present that plan to the commission; 10 (2) administer, with the approval of the commissioner of administration, 11 federal programs as provided under 42 U.S.C. 3001 - 3045i (Older Americans Act), 12 as amended ; in the administration of federal programs under this paragraph, the 13 executive director shall 14 (A) contract with the office of the ombudsman established
01 under AS 24.55 to carry out the requirements relating to the state long 02 term care ombudsman program set out in 42 U.S.C. 3058g and 03 AS 44.21.231 - 44.21.239; and 04 (B) set out in the commission's program budget prepared 05 under AS 37.07 the amount that the commission has agreed to provide 06 under the contract with the office of the ombudsman for the state long 07 term care ombudsman program services ; and 08 (3) administer, with the approval of the commissioner of administration, 09 state programs as provided under AS 47.65. 10 * Sec. 2. AS 44.21.230(b) is amended to read: 11 (b) To accomplish its duties, the commission may 12 (1) review, evaluate, and comment on [UPON] state programs 13 concerned with the problems and the needs of older Alaskans; 14 (2) collect facts and statistics, and make studies of conditions and 15 problems pertaining to the employment, health, housing, financial security, social 16 welfare, and other concerns that bear upon the well-being of older Alaskans; 17 (3) provide information about public programs that would be of interest 18 or benefit to older Alaskans; 19 (4) appoint special committees, which may include persons who are not 20 members of the commission, to complete necessary studies; 21 (5) promote community education efforts regarding the problems and 22 concerns of older Alaskans; 23 (6) contract for necessary services; 24 (7) consult and cooperate with persons, organizations, and groups 25 interested in or concerned with programs of assistance to older Alaskans; 26 (8) advocate improved programs of benefit to older Alaskans; 27 (9) set standards for levels of services for older Alaskans for programs 28 administered by the commission; and 29 (10) adopt regulations necessary for the administration of AS 44.21.200 30 - 44.21.230 [AS 44.21.200 - 44.21.240] and to comply with federal law. 31 * Sec. 3. AS 44.21.230(c) is amended to read:
01 (c) The commission may not investigate, review, or undertake any 02 responsibility for the longevity bonus program under AS 47.45 or [, EXCEPT FOR 03 ACTIVITIES OF THE OFFICE OF THE LONG TERM CARE OMBUDSMAN,] the 04 Alaska Pioneers' Homes under AS 47.55. 05 * Sec. 4. AS 44.21.231(c) is amended to read: 06 (c) The ombudsman may not have a financial interest in a long term care 07 facility in the state. [THE COMMISSION SHALL ADOPT REGULATIONS TO 08 ENSURE THAT THE OMBUDSMAN, AND EMPLOYEES AND VOLUNTEERS OF 09 THE OFFICE, DO NOT HAVE A CONFLICT OF INTEREST OR AN 10 APPEARANCE OF A CONFLICT OF INTEREST.] 11 * Sec. 5. AS 44.21.232(c) is amended to read: 12 (c) The ombudsman may 13 (1) subpoena witnesses, compel their attendance, require the production 14 of evidence, administer oaths, and examine any person under oath in connection with 15 a complaint described under (a) of this section in the manner set out in AS 24.55 ; 16 [THE POWERS DESCRIBED IN THIS PARAGRAPH SHALL BE ENFORCED BY 17 THE SUPERIOR COURT;] 18 (2) pursue administrative, legal, or other appropriate remedies on behalf 19 of an older Alaskan who resides in a long term care facility in the state. 20 * Sec. 6. AS 44.21.238 is amended to read: 21 Sec. 44.21.238. Legal counsel [FOR THE LONG TERM CARE 22 OMBUDSMAN]. The attorney general shall provide legal advice and representation 23 in connection with any matter relating to the powers, duties, and operation of the 24 ombudsman as to a duty or power arising under AS 44.21.231 - 44.21.239 25 [OFFICE,] and in any legal action brought against the ombudsman or an employee, 26 volunteer, or other representative of the ombudsman as to a duty or power arising 27 under AS 44.21.231 - 44.21.239 [OFFICE]. If the attorney general cannot provide 28 legal advice or representation because of a conflict of interest, the ombudsman may 29 employ private legal counsel. 30 * Sec. 7. AS 44.21.239 is amended to read: 31 Sec. 44.21.239. Cooperative agreements. The ombudsman may
01 [COMMISSION SHALL] enter into cooperative agreements concerning the duties and 02 powers described in AS 44.21.232 [OPERATIONS OF THE OFFICE], including 03 protocols for investigations, with state and local agencies that have jurisdiction over 04 long term care facilities or over the abuse and neglect of older Alaskans. 05 * Sec. 8. AS 44.21.240(3) is amended to read: 06 (3) "office" means the office of the [LONG TERM CARE] 07 ombudsman; 08 * Sec. 9. AS 44.21.240(5) is amended to read: 09 (5) "ombudsman" means the [LONG TERM CARE] ombudsman 10 appointed under AS 24.55.020 [HIRED UNDER AS 44.21.231]; 11 * Sec. 10. AS 47.24.010(f) is amended to read: 12 (f) A person listed in (a) of this section who reports to the [LONG TERM 13 CARE] ombudsman under AS 44.21.232, or to the Department of Health and Social 14 Services, that a vulnerable adult has been exploited, abused, or neglected in an out-of- 15 home care facility is considered to have met the duty to report under (a) of this section. 16 * Sec. 11. AS 47.24.013(a) is amended to read: 17 (a) If a report received under AS 47.24.010 regards the abandonment, 18 exploitation, abuse, neglect, or self-neglect of a vulnerable adult who is 60 years of 19 age or older that is alleged to have been committed by or to have resulted from the 20 negligence of the staff or a volunteer of an out-of-home care facility, including a 21 facility licensed under AS 18.20, in which the vulnerable adult resides, and , if the 22 Department of Health and Social Services licenses that type of facility, the Department 23 of Administration shall transfer the report for investigation to the [LONG TERM 24 CARE] ombudsman under AS 44.21.232 and the Department of Health and Social 25 Services. 26 * Sec. 12. AS 47.24.013(c) is amended to read: 27 (c) Upon receipt of a report from the department under (a) or (b) of this 28 section, the [LONG TERM CARE] ombudsman and the Department of Health and 29 Social Services shall 30 (1) conduct an investigation as appropriate under AS 44.21.232 or this 31 title, respectively;
01 (2) coordinate and cooperate in their responses to and investigations of 02 the report if their jurisdictions overlap; 03 (3) provide the results of their actions or investigations to the central 04 information and referral service of the department within 60 days after the receipt of 05 the report. 06 * Sec. 13. AS 47.24.013(d) is amended to read: 07 (d) If the [LONG TERM CARE] ombudsman or the Department of Health and 08 Social Services receives directly a report regarding the abandonment, exploitation, 09 abuse, neglect, or self-neglect of a vulnerable adult in an out-of-home care facility, the 10 ombudsman or the Department of Health and Social Services shall provide the report, 11 and the results of their actions or investigations regarding the report, to the central 12 information and referral service of the Department of Administration. The Department 13 of Administration may investigate the report as described in AS 47.24.015 if the 14 department determines that action is appropriate. 15 * Sec. 14. AS 47.24.013(e) is amended to read: 16 (e) If the results of an investigation by the [LONG TERM CARE] ombudsman 17 or the Department of Health and Social Services are provided to the Department of 18 Administration under (c) or (d) of this section, the Department of Administration may 19 make a final determination as described in AS 47.24.015(b), based on the investigation 20 results provided, regarding services to be offered to the vulnerable adult. 21 * Sec. 15. AS 47.24.015(c) is amended to read: 22 (c) The department, or its designee, shall immediately terminate an 23 investigation under this section upon the request of the vulnerable adult who is the 24 subject of the report made under AS 47.24.010 unless [. HOWEVER, IF] the 25 investigation to that point has resulted in probable [REASONABLE] cause to believe 26 that the vulnerable adult is in need of protective services , the request is made 27 personally by the vulnerable adult and the vulnerable adult is not competent to 28 make the request on the adult's own behalf, or the request is made by the 29 vulnerable adult's guardian, attorney-in-fact, or surrogate decision maker and 30 that person is the alleged perpetrator of abuse and is being investigated under this 31 chapter. If the department has probable cause to believe that the vulnerable
01 adult is in need of protective services , 02 (1) the department may petition the court as set out in AS 47.24.019; 03 or 04 (2) the department or its designee may refer the report made to the 05 department under AS 47.24.010 to a police officer for criminal investigation. 06 * Sec. 16. AS 47.24.019(a) is amended to read: 07 (a) If, after investigation under AS 47.24.015, the department has reasonable 08 cause to believe that a vulnerable adult is in need of protective services and is an 09 incapacitated person, the department may petition the court under AS 13.26 for 10 appointment of a guardian or temporary guardian , or for a change of guardian, for 11 the vulnerable adult for the purpose of deciding whether to consent to the receipt of 12 protective services for the vulnerable adult. 13 * Sec. 17. AS 47.24.019(c) is amended to read: 14 (c) If a vulnerable adult who has consented to receive protective services, or 15 on whose behalf consent to receive protective services has been given, is prevented by 16 a caregiver , guardian, attorney-in-fact, or surrogate decision maker from receiving 17 those services, the department may [ASSIST THE VULNERABLE ADULT OR THE 18 PERSON WHO CONSENTED TO THE VULNERABLE ADULT'S RECEIPT OF 19 THE SERVICES TO] petition the superior court for an injunction restraining the 20 caregiver , guardian, attorney-in-fact, or surrogate decision maker from interfering 21 with the provision of protective services to the vulnerable adult. 22 * Sec. 18. AS 47.24.050(b) is amended to read: 23 (b) The department shall disclose a report of the abandonment, exploitation, 24 abuse, neglect, or self-neglect of a vulnerable adult if the vulnerable adult who is the 25 subject of the report or the vulnerable adult's guardian, attorney-in-fact, or 26 surrogate decision maker consents in writing. The department may not disclose 27 a report of the abandonment, exploitation, abuse, neglect, or self-neglect of a 28 vulnerable adult to the vulnerable adult's guardian, attorney-in-fact, or surrogate 29 decision maker if that person is an alleged perpetrator of abuse and is being 30 investigated under this chapter. The department shall, upon request, disclose the 31 number of verified reports of abandonment, exploitation, abuse, neglect, or self-neglect
01 of a vulnerable adult that occurred at an institution that provides care for vulnerable 02 adults or that were the result of actions or inactions of a public home care provider. 03 * Sec. 19. AS 47.33.310(b) is amended to read: 04 (b) An assisted living home shall post in a prominent place in the home 05 (1) a copy of the rights set out in AS 47.33.300; 06 (2) the name, address, and phone number of the [LONG TERM CARE] 07 ombudsman [HIRED UNDER AS 44.21.231] and, if relevant to residents, of the 08 advocacy agency for persons with a developmental disability or mental illness; 09 (3) the telephone number of an information or referral service for 10 vulnerable adults; and 11 (4) a copy of the grievance procedure established under AS 47.33.340. 12 * Sec. 20. AS 44.21.231(a) and 44.21.231(b) are repealed. 13 * Sec. 21. TRANSITION. A department affected by secs. 15 - 18 of this Act may proceed 14 to adopt regulations necessary to implement secs. 15 - 18 of this Act. Regulations to 15 implement a provision of secs. 15 - 18 of this Act take effect under AS 44.62 (Administrative 16 Procedure Act), but not before the effective date of sec. 15 of this Act. 17 * Sec. 22. Section 21 of this Act takes effect immediately under AS 01.10.070(c). 18 * Sec. 23. Sections 1 - 14, 19, and 20 of this Act take effect July 1, 1999.