Legislature(2001 - 2002)

04/17/2001 01:46 PM House FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
HOUSE BILL NO. 76                                                                                                             
                                                                                                                                
     An  Act  authorizing  the  commissioner  of  health  and                                                                   
     social   services  to   provide  for   the  design   and                                                                   
     construction  of  psychiatric  treatment  facilities  to                                                                   
     replace  the   facilities  of  the   Alaska  Psychiatric                                                                   
     Institute.                                                                                                                 
                                                                                                                                
REPRESENTATIVE  NORMAN  ROKEBERG   noted  that  HB  76  would                                                                   
provide the  replacement of the Alaska  Psychiatric Institute                                                                   
(API)   go  forward   with  a   mixture   of  funds   already                                                                   
appropriated ($22,200,000) and  proceeds from certificates of                                                                   
participation to be issued by  the State Bond Committee.  The                                                                   
legislation provides that the  Commissioner of the Department                                                                   
of Health  & Social Services  would work with  the Department                                                                   
of   Corrections,   the   University   of   Alaska-Anchorage,                                                                   
Providence  Hospital in Anchorage,  Alaska Regional  Hospital                                                                   
in Anchorage and the Municipality  of Anchorage in the design                                                                   
and construction of the replacement for API.                                                                                    
                                                                                                                                
Representative  Rokeberg   discussed  that  the   bill  would                                                                   
require  that,  as  a  part of  any  replacement  of  API,  a                                                                   
forensic psychiatric  unit be included.  Currently,  there is                                                                   
a 10-bed forensic psychiatric  unit and the legislation would                                                                   
require  that  such a  unit  be  a part  of  the  replacement                                                                   
facility.  The  unit would be a facility for  the assessment,                                                                   
treatment,  custody  and  confinement  of  mentally  abnormal                                                                   
criminal offenders as is the current facility.                                                                                  
                                                                                                                                
The legislation  encourages various State and  local agencies                                                                   
to cooperate in the development  of the replacement facility.                                                                   
Representative  Rokeberg  urged  Committee's support  of  the                                                                   
legislation.                                                                                                                    
                                                                                                                                
Representative  Rokeberg stressed  the need  to bring  better                                                                   
treatment facilities for patients.   He noted that a forensic                                                                   
unit  would help  provide local  support.   Issues are  being                                                                   
resolved.  The facility  is needed  and  the Legislature  has                                                                   
already provided substantial funds.                                                                                             
                                                                                                                                
Representative Hudson  noted that the total  funding would be                                                                   
$58 million dollars and that $19  million dollars was already                                                                   
available. Representative Rokeberg  understood that there was                                                                   
$22 million dollars currently available.                                                                                        
                                                                                                                                
KAREN PERDUE,  COMMISSIONER, DEPARTMENT OF HEALTH  AND SOCIAL                                                                   
SERVICES,  provided  information regarding  the  legislation.                                                                   
[Copy on File].  She observed  that the issue has been before                                                                   
the State for many years.                                                                                                       
                                                                                                                                
RANDAL BURNS,  CEO, ALASKA PSYCHIATRIC INSTITUTE,  ANCHORAGE,                                                                   
provided  information regarding  the legislation.   [Copy  on                                                                   
File].   He spoke  in support  of the  replacement and  noted                                                                   
that the building  does not meet standards.  There are urgent                                                                   
problems making its replacement necessary.                                                                                      
                                                                                                                                
     ·    API is permeated with  hazardous material asbestos;                                                                   
     ·    Its  fire,  life  safety   and  mechanical  support                                                                   
          systems are worn out;                                                                                                 
     ·    The roof needs replacement; and                                                                                       
     ·    The  structure does  not meet  the current  seismic                                                                   
          code.                                                                                                                 
                                                                                                                                
Mr. Burns commented that API must be replaced:                                                                                  
                                                                                                                                
     ·    It was  not designed as a psychiatric  hospital and                                                                   
          its  physical layout is  not conductive  to patient                                                                   
          care and treatment;                                                                                                   
     ·    API has had 39 years of hard use; and                                                                                 
     ·    The  need to  replace  the old  API was  recognized                                                                   
          long ago and replacement  efforts have been ongoing                                                                   
          for 13 years.                                                                                                         
                                                                                                                                
Mr. Burns continued  that a March 2001 report  just issued by                                                                   
Koonce Pfeffer  Bettis, Inc. of Anchorage estimates  the cost                                                                   
of  renovation  to  range between  $74.5  million  and  $81.1                                                                   
million  dollars.   It would be  cheaper to  construct  a new                                                                   
facility than to abate the asbestos  and make the renovations                                                                   
needed to make API a modern, efficient  psychiatric hospital.                                                                   
                                                                                                                                
Mr. Burns commented on solutions  that have been attempted in                                                                   
the past.                                                                                                                       
                                                                                                                                
     ·    Constructing  a replacement facility,  however, the                                                                   
          implementation  was halted  when construction  bids                                                                   
          substantially  exceeded both engineering  estimates                                                                   
          and  appropriated  funding  and  only the  lack  of                                                                   
          sufficient capital prevented success.                                                                                 
     ·    Strategic     partnerships     with     neighboring                                                                   
          institutions  proved  unsuccessful  when  essential                                                                   
          land   swaps   among    partners   could   not   be                                                                   
          accomplished  and  the  partners withdrew  and  the                                                                   
          partners withdrew.                                                                                                    
     ·    Purchase  a replacement  was  considered.   Charter                                                                   
          North   Hospital  was   the   only  real   purchase                                                                   
          alternative.   After two  year, local  planning and                                                                   
          zoning    decisions    and   strong    neighborhood                                                                   
          opposition  made  it  impossible  to  complete  the                                                                   
          purchase and use the facility.                                                                                        
                                                                                                                                
Mr.  Burns  commented  on  what  should  be  done  now.    He                                                                   
recommended that the only realistic  option for replacing API                                                                   
would be the  construction of a replacement  hospital on land                                                                   
very near  the existing  facility.   He mentioned that  there                                                                   
has  been  an   agreement  made  regarding   the  complicated                                                                   
situations.  The University of  Alaska Medical landowners and                                                                   
the  institutions have  agreed to  a parcel  from the  Alaska                                                                   
Mental Health  Trust Authority (AMHTA) for the  new facility.                                                                   
AMHTA,   Providence   Hospital,   the  University   and   the                                                                   
Department  of  Health and  Social  Services  have signed  an                                                                   
agreement.                                                                                                                      
                                                                                                                                
     ·    The  agreement sets  forth the  framework for  land                                                                   
          conveyances,    potential   land   purchases    and                                                                   
          exchanges,  and  continued commitments  to  working                                                                   
          agreements.                                                                                                           
     ·    It sets  the parameters for the  future development                                                                   
          of  the  important University-Medical  District  in                                                                   
          Anchorage.                                                                                                            
                                                                                                                                
Mr. Burns  advised that the  parties believe building  on the                                                                   
U-Med parcel makes sense.                                                                                                       
                                                                                                                                
     ·    The API parcels are zoned for the use;                                                                                
     ·    API is  a well-established, accepted  and necessary                                                                   
          institution on its present site;                                                                                      
     ·    UAA  nursing students do  their psych  rotations at                                                                   
          API each semester;                                                                                                    
     ·    UAA social  work and psychology students  intern at                                                                   
          API each semester; and                                                                                                
     ·    WAMI  medical students  rely on  API as a  teaching                                                                   
          site.                                                                                                                 
                                                                                                                                
Mr.  Burns noted  that  building on  the  present site  makes                                                                   
sense because:                                                                                                                  
                                                                                                                                
     ·    API must be located  near an acute care hospital in                                                                   
          case a person needs  to be medically cleared before                                                                   
          admission  to API  and when  the API patient  needs                                                                   
          emergency medical care;                                                                                               
     ·    The   University   Community   Council   and   area                                                                   
          residents are supportive of API; and                                                                                  
     ·    The  Alaska Native Medical  Center has  stated that                                                                   
          it  has  no  plans  within  the next  10  years  to                                                                   
          provide inpatient psychiatric services and will                                                                       
          continue to rely on API.                                                                                              
                                                                                                                                
Mr. Burns commented that replacing  API would be the key to a                                                                   
broader effort of:                                                                                                              
                                                                                                                                
     ·    Developing  private treatment  alternatives to  API                                                                   
          hospitalization;                                                                                                      
     ·    Enhancing the quality of care at API; and                                                                             
     ·    Replacing the API building.                                                                                           
                                                                                                                                
Mr. Burns spoke to the intent  of development of delivery for                                                                   
community based services and the  single point of entry.   At                                                                   
that point, it  would be decided where each  patient would be                                                                   
sent.                                                                                                                           
                                                                                                                                
Mr. Burns acknowledged that there  have been questions of why                                                                   
API is needed.  He advised:                                                                                                     
                                                                                                                                
     ·    That service  is a core function of  government and                                                                   
          that API provides the services that private                                                                           
          providers cannot or will not do;                                                                                      
     ·    Patient  needs can exceed  local private  treatment                                                                   
          options;                                                                                                              
     ·    Inpatient  treatments is  nonexistent or  uncertain                                                                   
          in some communities; and                                                                                              
     ·    API Treats forensic  and NGRI patients and provides                                                                   
          competency evaluation services to the courts.                                                                         
                                                                                                                                
Mr. Burns commented on why the  State should build a hospital                                                                   
that can accommodate up to 72 beds.                                                                                             
                                                                                                                                
     ·    Successful  operations  of a  smaller facility  (54                                                                   
          beds) are contingent on a full array of private                                                                       
          community services;                                                                                                   
     ·    Community services are not all in place;                                                                              
     ·    Future  bed needs at  API are not predictable  with                                                                   
          absolute precision; and                                                                                               
     ·    Irresponsible  to  build  for  an  ideal  situation                                                                   
          without capacity to cope with emergencies or                                                                          
          population growth.                                                                                                    
                                                                                                                                
Mr.  Burns discussed  building  with a  flexible capacity  in                                                                   
mind.  As  the State's safety  net, API must have a  range of                                                                   
inpatient bed capacity.  He stressed  that the bottom line is                                                                   
that API cannot  close its doors.  API must  admit any person                                                                   
who is  involuntarily committed  or court-ordered to  API for                                                                   
evaluation and/or treatment.                                                                                                    
                                                                                                                                
Mr.  Burns emphasized  that  the  Legislature  could help  to                                                                   
solve these problems through passing HB 76.                                                                                     
                                                                                                                                
Representative  Hudson  asked  if the  increased  operational                                                                   
costs  had  been  computed.    Mr.  Burns  replied  that  the                                                                   
operating  costs  would  drop.    Currently,  a  very  "poor"                                                                   
heating system  exists, however,  staying at the  current bed                                                                   
size, there would not be a reduction in staff costs.                                                                            
                                                                                                                                
Representative  Hudson  inquired  if Alaskans  are  currently                                                                   
being sent  out-of-State.  Mr.  Burns replied that no  one is                                                                   
being sent out-of-State.                                                                                                        
                                                                                                                                
Commissioner Perdue commented  that it was the intent to have                                                                   
as small of a hospital as possible.   The community hospitals                                                                   
have  developed   the  first  level  of  response   on  these                                                                   
concerns,  which is  being encouraged  throughout the  entire                                                                   
State.  In Anchorage,  API is filling that function.   API is                                                                   
the last resort for many of the patients.                                                                                       
                                                                                                                                
Commissioner Perdue  stated that over the next  ten years, it                                                                   
is anticipated  that there  will be  other community  efforts                                                                   
that help people to do readmissions to API.                                                                                     
                                                                                                                                
Co-Chair  Williams noted  that it  was not  his intention  to                                                                   
move the bill from  committee at this time.  He  noted that a                                                                   
committee  substitute would  be  prepared and  at that  time,                                                                   
there would be public testimony taken.                                                                                          
                                                                                                                                
Vice-Chair  Bunde endorsed  keeping the  hospital at  a small                                                                   
size.                                                                                                                           
                                                                                                                                
In  response   to  Vice-Chair   Bunde,  Commissioner   Perdue                                                                   
acknowledged that  hospital care  is the most  expensive care                                                                   
and for  patients that do not  need that, it is  important to                                                                   
try to keep crisis from escalating.   She pointed out that in                                                                   
less  than  two  decades,  the  community  process  has  made                                                                   
tremendous progress in meeting  the needs of the mentally ill                                                                   
in the Alaskan communities.                                                                                                     
                                                                                                                                
                                                                                                                                
TAPE HFC 01 - 84, Side A                                                                                                      
                                                                                                                              
                                                                                                                                
Representative  Lancaster  asked if  the  land agreement  had                                                                   
been  resolved.   Commissioner  Perdue stated  that the  land                                                                   
agreement had been settled.                                                                                                     
                                                                                                                                
JEFF   JESSE,  (TESTIFIED   VIA  TELECONFERENCE),   EXECUTIVE                                                                   
DIRECTOR,  ALASKA MENTAL HEALTH  TRUST AUTHORITY,  ANCHORAGE,                                                                   
testified in support  of the proposed legislation  and moving                                                                   
forward with a committee substitute.   He noted that a shared                                                                   
vision  for   the  interest  exists,  however,   the  funding                                                                   
replacement is essential.                                                                                                       
                                                                                                                                
Representative Hudson  inquired the approximate  dollar value                                                                   
in  the land  transactions.    Mr.  Jesse deferred  to  Steve                                                                   
Blanche.                                                                                                                        
                                                                                                                                
STEVE  BLANCHE,  EXECUTIVE  DIRECTOR,  ALASKA  MENTAL  HEALTH                                                                   
TRUST  LAND OFFICE,  ANCHORAGE,  responded that  none of  the                                                                   
budget would go for the land.   The hospital would be clearly                                                                   
a beneficiary purpose under statute making it possible.                                                                         
                                                                                                                                
Representative  Davies  questioned   if  the  land  deal  was                                                                   
complete.  Mr.  Blanche replied that AMHTA believes  that the                                                                   
land  deal  has  been  substantially  completed.    It  would                                                                   
require  a  full   set  of  processes  required   by  statute                                                                   
regarding  the best interest  decisions, complete  appraisals                                                                   
for transactions with Providence  Hospital, public notice and                                                                   
Trust Authority consultation.   He noted that  AMTHA has been                                                                   
working on the concern for three years.                                                                                         
                                                                                                                                
CAREN ROBINSON, CHAIR, ALASKA  MENTAL HEALTH TRUST AUTHORITY,                                                                   
JUNEAU, added  that the  members of  the Trust Authority  are                                                                   
committed  to  everything  that   has  been  signed  off  and                                                                   
acknowledged  the rules  and regulations,  which  need to  be                                                                   
followed.                                                                                                                       
                                                                                                                                
MARGO  WARING, ALASKA  MENTAL  HEALTH BOARD,  JUNEAU,  stated                                                                   
that the Board had been working  on a replacement for the API                                                                   
facility  for over  twelve  years.   She  commented that  the                                                                   
Board recognizes  the need  for a new  building and  the need                                                                   
for a more therapeutic environment  for the Alaskan citizens.                                                                   
The Board has been the primary  force in recognizing that the                                                                   
future  of  the hospital  has  to  be  in an  environment  of                                                                   
community-based services.                                                                                                       
                                                                                                                                
Ms. Waring  added that  the Board looks  forward to  the time                                                                   
when there is a new hospital that  can serve the goal for the                                                                   
entire  State  that can  focus  on  a treatment  program  and                                                                   
treatment facility for psychiatric services.                                                                                    
                                                                                                                                
Ms. Waring voiced appreciation  for Representative Rokeberg's                                                                   
attention  to the  needs of  the State  efforts for  bringing                                                                   
forward an acute care facility.                                                                                                 
                                                                                                                                
WENDY REDMAN, VICE PRESIDENT,  STATEWIDE PROGRAMS, UNIVERSITY                                                                   
OF  ALASKA, FAIRBANKS,  noted  that the  University has  been                                                                   
involved with the community plan.   The Board of Regents have                                                                   
voiced their  support for  the plan.   She admitted  that the                                                                   
area that  will be  used will be  a little "land-locked"  and                                                                   
that there will  be many mutual programs and purposes.    The                                                                   
agreement  of shared  vision cannot  go  forward without  the                                                                   
construction funding.  She urged  the Committee's support for                                                                   
the legislation.                                                                                                                
                                                                                                                                
HB 76 was HELD in Committee for further consideration.                                                                          

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