Legislature(1999 - 2000)

04/17/2000 02:05 PM House FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
SENATE BILL NO. 204                                                                                                           
                                                                                                                                
     "An Act extending the termination date of the Alaska                                                                       
     Commission on Aging; and providing for an effective                                                                        
     date."                                                                                                                     
                                                                                                                                
SHARON CLARK,  STAFF, SENATOR MILLER testified  in support of                                                                   
SB 204, on behalf  of the sponsor Senator Leman. She observed                                                                   
that  SB 204  extends  the  termination  date of  the  Alaska                                                                   
Commission  on Aging.   The Alaska  Commission  on Aging  was                                                                   
first  established  as a  single  Planning and  Service  Area                                                                   
(PSA)  in the  Department of  Administration, Older  Alaskans                                                                   
Commission,  July  of 1981  under  AS 44.21.  As  a PSA,  the                                                                   
Commission  is  the only  agency  in  the state  that  plans,                                                                   
funds,  and  oversees  services  to  seniors  statewide.  The                                                                   
Commission's  name was  changed to the  Alaska Commission  on                                                                   
Aging in 1994, (Chapter 131,SLA 1994).                                                                                          
                                                                                                                                
The  Commission is  authorized to  administer and  coordinate                                                                   
state programs  for older Alaskans and to  administer federal                                                                   
programs  provided under  the  Older Americans  Act, 42  U.S.                                                                   
Code 300 1-30451, as amended.  The provisions of AS 44.21 and                                                                   
the   Older   Americans  Act   establish   the   Commission's                                                                   
authority, purpose, and scope of work.                                                                                          
                                                                                                                                
     Ms. Clark observed that a special report on the                                                                            
Department  of  Administration,  Alaska Commission  on  Aging                                                                   
(ACA)  by  the   Legislative  Budget  and   Audit  Committee,                                                                   
September 17, 1999 concluded that  the expiration date of ACA                                                                   
should be extended.                                                                                                             
                                                                                                                                
Ms.  Clark maintained  that  the  ACA has  demonstrated  that                                                                   
there is a public  need for this commission.  According to AS                                                                   
44.66.010,  the  Commission  is  scheduled  to  expire  June,                                                                   
30,2000. The  legislation would extend ACA's  expiration date                                                                   
to June 30,2004.                                                                                                                
                                                                                                                                
Ms.  Clark noted  that the  legislation was  amended (in  the                                                                   
House  HESS   committee).  She   noted  that  the   amendment                                                                   
separated  the Long-Term  Care  Ombudsman's  office from  the                                                                   
Department  of  Administration  and  put  it  in  a  separate                                                                   
entity. The sponsor does not oppose  the amendment. She noted                                                                   
that Senator Green expressed concerns,  in the Senate Finance                                                                   
Committee, that  the Office of  the Long-Term  Care Ombudsman                                                                   
would be under the Department of Administration.                                                                                
                                                                                                                                
Representative Phillips questioned  if there was testimony on                                                                   
the feasibility  of merging  the two  ombudsman offices.  Ms.                                                                   
Clark  stated  that  there  had  been  discussions  with  the                                                                   
sponsor. The issue was not discussed in Committee.                                                                              
                                                                                                                                
Representative  Grussendorf questioned  if the Department  of                                                                   
Administration testified on the amendment.                                                                                      
                                                                                                                                
Representative Phillips expressed  concern with the amendment                                                                   
adopted  in the  House  HESS committee.  She  noted that  the                                                                   
Legislative  Council has  been downsizing  the Office  of the                                                                   
Ombudsman.  She noted  that the Legislative  Council  did not                                                                   
discuss the  amendment. Co-Chair Therriault pointed  out that                                                                   
Senator Miller is the chairman of the Legislative Council.                                                                      
                                                                                                                                
Co-Chair  Mulder  noted that  the  Office of  Long-Term  Care                                                                   
Ombudsman is federally funded.                                                                                                  
                                                                                                                                
JERRY BURNETT,  STAFF, SENATOR GREEN provided  information on                                                                   
the amendment adopted  in the House HESS Committee.  He noted                                                                   
that Representative Dyson offered  the amendment on behalf of                                                                   
Senator Green. He  observed that the Office  of the Long-Term                                                                   
Care  Ombudsman  would  be  separate   from  the  legislative                                                                   
ombudsman.                                                                                                                      
                                                                                                                                
Co-Chair  Therriault read  from  a letter  by  Representative                                                                   
Dyson:                                                                                                                          
     It is  not possible for  the Director of  the Commission                                                                   
     on  Aging  to  neutrally  monitor  the  Long  Term  Care                                                                   
     Ombudsman  who  may  be investigating  actions  of  that                                                                   
     Director, his/her  employees, and colleagues  within the                                                                   
     Department of Administration.                                                                                              
                                                                                                                                
Mr.  Burnett clarified  that  there  would be  two  ombudsman                                                                   
offices with separate staffs.  He observed that the Long-Term                                                                   
Care Ombudsman has  a distinct function and  that the funding                                                                   
come from the Older  Americans Act.  He pointed  out that the                                                                   
provision    was   discussed    with   the   Department    of                                                                   
Administration,   the  Executive   Director  of   Legislative                                                                   
Affairs Agency and the chairman of the Legislative Council.                                                                     
                                                                                                                                
Representative  Grussendorf  asked   for  the  Department  of                                                                   
Administration's position on the merger.                                                                                        
                                                                                                                                
JANE  DEMINERT,  EXECUTIVE  DIRECTOR,  ALASKA  COMMISSION  ON                                                                   
AGING, DEPARTMENT  OF ADMINISTRATION provided  information on                                                                   
the legislation.  She noted that  the Commission has  been in                                                                   
existence for  many years. The  Commission is  a grant-making                                                                   
agency and has been involved in  educational issues affecting                                                                   
older  Alaskans.  The  Commission  is also  involved  in  the                                                                   
operation  of the  Office of  Long-Term  Care Ombudsman.  The                                                                   
Older American's  Act provides that  each state shall  have a                                                                   
Long-Term Care Ombudsman. The  Long-Term Care Ombudsman is an                                                                   
advocate   for  people   in  long-term   care  and   conducts                                                                   
investigations regarding  the quality of care  or allegations                                                                   
of abuse and neglect.                                                                                                           
                                                                                                                                
Ms.   Deminert    observed   that    there   are    different                                                                   
organizational  structures  to   conduct  the  function.  The                                                                   
Commission  has done an  extensive amount  of structuring  in                                                                   
its by  laws to  accommodate the  function. She  acknowledged                                                                   
that  there  are   several  viable  models  to   conduct  the                                                                   
function. If the function were  transferred it would maintain                                                                   
its current staff:  one paralegal II and a  clerk. The office                                                                   
would continue  to be in  Anchorage. She  did not know  if it                                                                   
would  be  physically   relocated.  There  would   not  be  a                                                                   
significant  change in  the  way the  office  is operated.  A                                                                   
reimbursable services agreement  would occur for the on-going                                                                   
operation of the office. She observed  that the Commission is                                                                   
closing  in  on   the  final  stage  for  a   long-term  care                                                                   
ombudsman.  She recommended  that their  search be halted  if                                                                   
the legislation  goes  forward. The position  is currently  a                                                                   
range 20 within the state personnel  system. She acknowledged                                                                   
that  the  position   would  also  be  effective   under  the                                                                   
Legislative Budget and Audit Committee.                                                                                         
                                                                                                                                
Representative Grussendorf  observed that the  change was not                                                                   
requested by the  Commission and questioned where  the office                                                                   
would be most  effective. Ms. Deminert affirmed that  it is a                                                                   
new  development, but  noted  that it  was  discussed in  the                                                                   
previous  session. She  added that the  function is  distinct                                                                   
from the  traditional governmental  ombudsman. She  felt that                                                                   
there would be a learning curve  and investment would need to                                                                   
be made by the new oversight group.                                                                                             
                                                                                                                                
ALISON    ELGEE,   DEPUTY    COMMISSIONER,   DEPARTMENT    OF                                                                   
ADMINISTRATION provided  information on the  legislation. The                                                                   
LBA audit  pointed out  that housing of  the position  in the                                                                   
Department  of   Administration  could  be  perceived   as  a                                                                   
conflict  of  interest.  The Commission  could  not  find  an                                                                   
entity  that  would  voluntarily   accept  placement  of  the                                                                   
office.  The Commission  adopted bylaws  to exclude those  on                                                                   
the  Commission  that  have  association  with  pioneer  home                                                                   
programs  from   direct  oversight  of  the   ombudsman.  She                                                                   
reiterated that  there would be  a heavy learning  curve with                                                                   
transfer  of the  function,  but  added that  the  department                                                                   
understands the  perceived conflict of interest  and would be                                                                   
happy to see the function externally located.                                                                                   
                                                                                                                                
Vice  Chair Bunde  spoke in  support of  the legislation  and                                                                   
noted that concerned constituents have contacted him.                                                                           
                                                                                                                                
Co-Chair  Therriault questioned  if  the Legislative  Council                                                                   
membership supported the move.                                                                                                  
                                                                                                                                
Ms. Clark did not believe that  discussions occurred with the                                                                   
current  Council. Discussions  did  occur  with the  previous                                                                   
chair,  Senator  Miller.  Senator   Miller  did  not  express                                                                   
objections.                                                                                                                     
                                                                                                                                
MARIE  DARLIN,  AARP,  JUNEAU  testified in  support  of  the                                                                   
legislation and extension of the Commission on Aging.                                                                           
                                                                                                                                
HB  204  was   heard  and  HELD  in  Committee   for  further                                                                   
consideration.                                                                                                                  
                                                                                                                                

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