Legislature(1999 - 2000)

03/31/2000 01:45 PM House FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
HOUSE BILL NO. 346                                                                                                              
                                                                                                                                
An Act relating to services for persons with                                                                                    
developmental disabilities.                                                                                                     
                                                                                                                                
REPRESENTATIVE REGGI JOULE noted that the bill would address                                                                    
the needs of individuals with developmental disabilities and                                                                    
their families by requiring the Division of Mental Health                                                                       
and Developmental Disabilities to conduct periodic reviews                                                                      
of their waitlist and by requiring an annual report to the                                                                      
Legislature and Governor regarding the same.  Representative                                                                    
Joule noted that recently, there have been more individuals                                                                     
with developmental disabilities requesting services than                                                                        
there are available resources.                                                                                                  
                                                                                                                                
In 1989, the Division of Mental Health and Developmental                                                                        
Disabilities started a waitlist for those individuals.  The                                                                     
waitlist is the Division's way of prioritizing individual                                                                       
requests. Presently, there are 786 people on the                                                                                
developmental disabilities waitlist with 333 on the Infant                                                                      
Learning Program waitlist.                                                                                                      
                                                                                                                                
The Hess Committee Substitute makes minor changes to the                                                                        
original bill and the title was changed to more accurately                                                                      
represent the purpose of the bill. The second amendment                                                                         
changes Section 1(d)(3) by deleting language that the                                                                           
Division would not be required to collect. That section now                                                                     
asks for the basic demographic information across all                                                                           
regions about the age, sex, and racial and ethnic background                                                                    
of the individuals on the waiting list. The last amendment                                                                      
would change section 1 (d)(8) to allow the Department to                                                                        
provide copies of the Department's policies, manuals and                                                                        
procedures in either written or electronic form. The                                                                            
amendment added the option of providing the data in                                                                             
electronic format.                                                                                                              
                                                                                                                                
Representative Joule advised that the need for services for                                                                     
individuals with developmental disabilities will continue to                                                                    
grow faster than available resources. In order to meet the                                                                      
needs of individuals with developmental disabilities and                                                                        
their families, addressing the waitlist and available                                                                           
services must continue.  The bill would require the                                                                             
collection and dissemination of data to relevant parties.                                                                       
Representative Joule pointed out that there is a zero fiscal                                                                    
note.                                                                                                                           
                                                                                                                                
In order to make the best use of available resources and to                                                                     
ensure fair administration of the waitlist, the bill will                                                                       
establish periodic reviews along with an annual report to                                                                       
the Legislature and Governor.  The periodic reviews will                                                                        
ensure those individuals with developmental disabilities and                                                                    
their families that the waitlist is being fairly                                                                                
administered, reviewed, and updated on a regular basis.                                                                         
Additionally, the bill will require the Division to                                                                             
establish written procedures and consumer information which                                                                     
would be available to aid the general public.                                                                                   
Representative Joule pointed out that at this time, this is                                                                     
a $50 million dollar industry without uniform statewide                                                                         
information available to the public who accesses and uses                                                                       
the service.                                                                                                                    
                                                                                                                                
Representative Phillips pointed out that the benefits of the                                                                    
program would fall in line with the missions and measures of                                                                    
that Division.                                                                                                                  
                                                                                                                                
DAVID MALTMAN, (TESTIFIED VIA TELECONFERENCE), DIRECTOR,                                                                        
GOVERNOR'S COUNCIL ON DISABILITIES AND SPECIAL EDUCATION,                                                                       
ANCHORAGE, testified in support of the legislation. He                                                                          
deferred testimony to Mr. Dummann, the Chair of the Council.                                                                    
                                                                                                                                
ERNEST DUMMANN, (TESTIFIED VIA TELECONFERENCE), CHAIRMAN OF                                                                     
THE GOVERNOR'S COUNCIL ON DISABIITIES AND SPECIAL EDUCATION,                                                                    
ANCHORAGE, advised that he had been appointed to that                                                                           
Council by Governor Hickle in 1991, to speak for those                                                                          
people that can not speak for themselves.  He stressed that                                                                     
the current system and State agencies which these people                                                                        
have had to work with for maintaining their homes, has                                                                          
"broken down" many families and consumers.  Government has                                                                      
been inefficient and non-responding.  He stated that the                                                                        
present system has failed.  He emphasized that passage of                                                                       
the proposed legislation would provide family members                                                                           
answers that they deserve.  He urged support for HB 346.                                                                        
                                                                                                                                
KATHLEEN FITZGERALD (TESTIFIED VIA TELECONFERENCE),                                                                             
COALITION OF ALASKA, ANCHORAGE, noted that this would be an                                                                     
exciting piece of legislation for the State.  She requested                                                                     
that the Committee pass the bill so as to enhance a system                                                                      
that has been without answers for many people statewide.                                                                        
She stressed the importance of this legislation.                                                                                
                                                                                                                                
SHELLY SHOWALTER (TESTIFIED VIA TELECONFERENCE), FAIRBANKS,                                                                     
testified in support of the legislation.                                                                                        
                                                                                                                                
THERESA REGER, (TESTIFIED VIA TELECONFERENCE), KENAI,                                                                           
testified in support of the legislation.  She commented how                                                                     
her child had disappeared off the waitlist during the past                                                                      
three years.  He had been on the list for fourteen years.                                                                       
She urged support of the bill.  Representative Phillips                                                                         
asked if some people were removed from the list because of                                                                      
their age.  Ms. Reger replied that was not the case for her.                                                                    
                                                                                                                                
SUSAN STAFFORD, (TESTIFIED VIA TELECONFERENCE), KENAI, spoke                                                                    
in support of the legislation.                                                                                                  
                                                                                                                                
DENNIS HAAS, (TESTIFIED VIA TELECONFERENCE), KENAI, noted                                                                       
his frustration on being on the waitlist for over ten years                                                                     
for services for his daughter.  He emphasized that the                                                                          
proposed bill would formalize the process, making it more                                                                       
consistent in determining the eligibility of State services.                                                                    
                                                                                                                                
LYNETTE HAAS, (TESTIFIED VIA TELECONFERENCE), KENAI,                                                                            
explained that as she worked for a local nonprofit agency,                                                                      
Frontier Community Services, when she became more confused                                                                      
with the waitlist situation where doing family support work.                                                                    
She agreed that sometimes it was better just not knowing as                                                                     
a parent.  She stressed how confusing the waitlist system                                                                       
has become and urged support of the legislation.                                                                                
                                                                                                                                
HOLLY KRISTIANSEN, (TESTIFIED VIA TELECONFERENCE), KENAI,                                                                       
testified in support of passage of HB 366.  She stressed how                                                                    
"sad" it is that Alaska's children sit and wait for                                                                             
placement during such critical times of their development.                                                                      
She emphasized that there needs to be procedures to address                                                                     
these concerns. There should be a current process for                                                                           
offering a quality of life for people and accountability to                                                                     
those people.                                                                                                                   
                                                                                                                                
Representative Phillips asked if there was an "aged out"                                                                        
period and if that was the reason why some people got                                                                           
dropped off the list.  Ms. Kristiansen did not believe that                                                                     
was what was happening. She stated that in the case of her                                                                      
four-year-old son, because he was receiving services that                                                                       
were privately paid for, he was taken off the early                                                                             
intervention program.                                                                                                           
                                                                                                                                
WINI CROSBY, (TESTIFIED VIA TELECONFERENCE), KENAI, noted                                                                       
that she worked with people with disabilities.  She                                                                             
addressed that fact that these people are confused.  She                                                                        
explained that the current system is crisis driven.  People                                                                     
get steadily pushed down the list until they become chronic                                                                     
and then they move to the top of the list. She recommended                                                                      
that the Committee support anything that could make the list                                                                    
more "understandable" to the people with disabilities and                                                                       
their families.  She urged support of the bill.                                                                                 
                                                                                                                                
RENE GAYHART, DIVISION OF MENTAL HEALTH AND DEVELOPMENTAL                                                                       
DISABILITIES, PROGRAM SPECIALIST, DEPARTMENT OF HEALTH AND                                                                      
SOCIAL SERVICES, JUNEAU, stated that the waitlist exists                                                                        
because insufficient resources are available to meet the                                                                        
service needs of all consumers eligible for developmental                                                                       
disabilities (DD) services.  Historically, the Division has                                                                     
had few opportunities to report accurate information about                                                                      
the waitlist to the Governor and the Legislature, as well as                                                                    
to consumers and other stakeholders.  For the first time                                                                        
since the inception of the waitlist in 1989, in the spring                                                                      
of 1999, the Division proactively took on the responsibility                                                                    
of a comprehensive assessment of that list.  The results of                                                                     
the assessment proved to be of great value to consumers,                                                                        
families, and other stakeholders of the DD service delivery                                                                     
system.                                                                                                                         
                                                                                                                                
Ms. Gayhart added that the bill would provide an ongoing                                                                        
opportunity to submit regular and accurate information in a                                                                     
manner that may guide decision-making and program planning.                                                                     
The opportunity to have the information available in the                                                                        
public arena would eliminate inaccuracies and                                                                                   
misunderstandings about the waitlist and the Division's                                                                         
policies and practices relating to the needs of its                                                                             
consumers.                                                                                                                      
                                                                                                                                
Co-Chair Therriault asked why a list had not been created in                                                                    
the past.  Ms. Gayhart replied that there is nothing                                                                            
preventing the Division from doing a list.  She noted that                                                                      
she had been working on a comprehensive program review this                                                                     
past year.  She did not understand why it had not been done                                                                     
in the past, but noted that it is now current and up to                                                                         
date.  There is a new system which will be available by July                                                                    
2000.  Co-Chair Therriault asked if the bill was needed.                                                                        
Ms. Gayhart commented that the bill would be a good thing to                                                                    
have in place for the long term through an administration                                                                       
change.                                                                                                                         
                                                                                                                                
Representative J. Davies stated that the intention of the                                                                       
bill is to guarantee that the report stays available so that                                                                    
future "break-downs" don't occur.                                                                                               
                                                                                                                                
Representative Foster MOVED to report CS HB 346 (HES) out of                                                                    
Committee with the individual recommendations and with the                                                                      
accompanying fiscal note.  There being NO OBJECTION, it was                                                                     
so ordered.                                                                                                                     
                                                                                                                                
CS HB 346 (HES) was reported out of Committee with a "do                                                                        
pass" recommendation and with a zero fiscal note by the                                                                         
Department of Health and Social Services dated 3/6/00.                                                                          

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