Legislature(1999 - 2000)

04/19/2000 02:00 PM House FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
HOUSE CS FOR SENATE BILL NO. 204(HES)                                                                                           
                                                                                                                                
"An Act extending the termination date of the Alaska                                                                            
Commission on Aging; transferring the office of the                                                                             
long-term care ombudsman from the Alaska Commission on                                                                          
Aging to the legislative branch; and providing for an                                                                           
effective date."                                                                                                                
                                                                                                                                
JANE DEMMERT, EXECUTIVE DIRECTOR, ALASKA COMMISSION ON                                                                          
AGING, provided information on SB 204. She observed that the                                                                    
bill would extend the sunset on the Commission. The                                                                             
Commission is in a role that directly impacts the lives the                                                                     
older Alaskans around the state through its grant programs.                                                                     
The Commission assists in funding direct services. She                                                                          
observed that discussion has occurred regarding the                                                                             
organizational out-stationing of the long-term care                                                                             
function. She noted that the Commission looked at out-                                                                          
stationing options during the interim in consultation with                                                                      
four different agencies: State Ombudsman, Alaska Mental                                                                         
Health Trust Authority, Disability Law Center and Alaska                                                                        
Legal Services. Given the youth of Alaska's assisted living                                                                     
industry and rapid growth in developing long-term care, the                                                                     
Commission concluded that it would have a higher level of                                                                       
status within state government. The State Ombudsman Office                                                                      
concluded that it would not be in the best interest of                                                                          
persons with concerns regarding the performance of state                                                                        
government to have the two offices merged. The Alaska Mental                                                                    
Health Trust Authority was not ready to assume the                                                                              
responsibility, but has remained interested and involved in                                                                     
the Search Committee. The Commission has restructured its                                                                       
bylaws to provide a clear definition of the role of the                                                                         
Commission in interfacing with the Ombudsman Office. The                                                                        
Commission feels that it has crafted a healthy and                                                                              
responsive approach to support that function. She                                                                               
acknowledged that there are merits to a transfer.                                                                               
                                                                                                                                
Representative Grussendorf asked if the Commission would be                                                                     
satisfied with an extension of time to allow further                                                                            
discussions. Ms. Demmert responded that the Commission would                                                                    
be satisfied with a time extension.                                                                                             
                                                                                                                                
Representative Phillips pointed out that the legislation                                                                        
passed from the Senate Finance Committee only contained the                                                                     
provision to extend the sunset date.  On the House side,                                                                        
there was an amendment to place it under the Legislative                                                                        
Council.  She noted that the Legislative Council was not                                                                        
consulted. No research was done regarding cost. An audit of                                                                     
the issue concluded several options. She observed that a                                                                        
long-term care task force would consider the issue during                                                                       
the interim and recommended that the ombudsman be placed                                                                        
under the Alaska Mental Health Trust Authority for the                                                                          
meantime. She maintained that the long-term ombudsman would                                                                     
not be properly placed in Legislative Council.                                                                                  
                                                                                                                                
Representative J. Davies agreed that the issue should be                                                                        
discussed further. He felt that it might be appropriately                                                                       
placed under the Legislative Council with more                                                                                  
consideration.                                                                                                                  
                                                                                                                                
SHARON CLARKE, STAFF, SENATOR MIKE MILLER, mentioned that                                                                       
the sponsor's intent was solely to extend the Commission on                                                                     
Aging.  The discussion on the ombudsman was added at the                                                                        
direction of another senator.  She clarified that the intent                                                                    
was not to place it under the Legislative Council: the                                                                          
Legislative Council was only one of the options.                                                                                
Representative Phillips clarified that the amendment did not                                                                    
come from Senator Mike Miller.  Ms. Clarke acknowledged that                                                                    
the discussion did come up with Senator Miller.  It was not                                                                     
acted upon.                                                                                                                     
                                                                                                                                
In response to Vice Chair Bunde, Ms. Clarke explained that                                                                      
discussions in the Senate Finance Committee indicated that                                                                      
the long-term care task force could address the issue.                                                                          
                                                                                                                                
Vice Chair Bunde asked if there was a letter of intent.                                                                         
                                                                                                                                
Representative Phillips MOVED to adopt Amendment #1.                                                                            
Amendment 1 would remove language relating to the Long-term                                                                     
Care Ombudsman from the legislation. The legislation would                                                                      
be returned to its original language, with an effective date                                                                    
of June 30, 2000. The sunset date would be the year 2004.                                                                       
                                                                                                                                
There being NO OBJECTION, Amendment 1 was adopted.                                                                              
                                                                                                                                
Vice Chair Bunde MOVED a Letter of Intent that would ask                                                                        
that the Long-term Care Task Force address the placement of                                                                     
the ombudsman. There being NO OBJECTION, it was so ordered.                                                                     
                                                                                                                                
MIKE TIBBLES, STAFF, CO-CHAIR THERRIAULT observed that with                                                                     
the adoption of Amendment 1 the title change resolution was                                                                     
not needed.                                                                                                                     
                                                                                                                                
Representative G. Davis asked the impact of the amendment on                                                                    
the fiscal note.  Mr. Tibbles replied that the long-term                                                                        
care ombudsman portion of the fiscal note was $138.0                                                                            
thousand dollars. The RSA or interagency receipt to the                                                                         
legislation would not be needed with the adoption of the                                                                        
amendment.                                                                                                                      
                                                                                                                                
Representative J. Davies recommended that there should be a                                                                     
revised fiscal note.  Mr. Tibbles reported that there would                                                                     
be a new analysis.                                                                                                              
                                                                                                                                
Representative Williams MOVED to report HCS CS SB 204 (FIN)                                                                     
out of Committee with individual recommendations and with                                                                       
the new fiscal note.   There being NO OBJECTION, it was so                                                                      
ordered.                                                                                                                        
                                                                                                                                
HCS CSSB 204 (FIN) was REPORTED out of Committee with a "do                                                                     
pass" recommendation and with a new fiscal impact note by                                                                       
the Department of Administration.                                                                                               

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