03/30/1999 03:41 PM House HES

HB 147 - CARE FOR VULNERABLE ADULTS                                                                                             
                                                                                                                                
Number 1206                                                                                                                     
                                                                                                                                
CO-CHAIRMAN DYSON announced the next order of business as House                                                                 
Bill No. 147, "An Act relating to vulnerable adults; and providing                                                              
for an effective date."                                                                                                         
                                                                                                                                
Number 1210                                                                                                                     
                                                                                                                                
CO-CHAIRMAN COGHILL explained that HB 147 is one of the                                                                         
recommendations from the Long-Term Care Task Force subcommittee.                                                                
This legislation will make it so the responsibility of protecting                                                               
those in long-term health care is guarded with some degree of                                                                   
oversight.  If a vulnerable adult makes an appeal that something is                                                             
wrong with the guardian or caretaker, presently the law allows the                                                              
care giver to stop that appeal summarily.  This bill ensures that                                                               
the care giver will not have the right to stop the appeal.  If                                                                  
there is an abusive situation or personality conflict involving the                                                             
care giver, HB 147 will help vulnerable adults have the right of                                                                
appeal.                                                                                                                         
                                                                                                                                
Number 1353                                                                                                                     
                                                                                                                                
REPRESENTATIVE KEMPLEN offered Amendment 1 which read:                                                                          
                                                                                                                                
     Page 2, line 20,                                                                                                           
     Add the following into Sec. 4 adding part (a) into the                                                                     
     bill with the amendment highlighted in bold-type.  The                                                                     
     change in the statutes is reflected by the addition of                                                                     
     the word "legislators."                                                                                                    
                                                                                                                                
          Sec. 4 AS 47.24.050 Confidentiality of reports. (a)                                                                   
     Investigation reports and reports of the abandonment,                                                                      
     exploitation, abuse, neglect or self-neglect of a                                                                          
     vulnerable adult filed under this chapter are                                                                              
     confidential and are not subject to public inspection and                                                                  
     copying under AS 09.25.110 - 09.25.125.  However, in                                                                       
     accordance with this chapter and regulations adopted                                                                       
     under this chapter, investigation reports may be used by                                                                   
     appropriate agencies, legislators or other individuals                                                                     
     inside and outside the state, in connection with                                                                           
     investigations or judicial proceedings involving the                                                                       
     abandonment, exploitation, abuse, neglect, or self-                                                                        
neglect of a vulnerable adult.                                                                                                  
                                                                                                                                
     Renumber the sections accordingly.                                                                                         
                                                                                                                                
Number 1360                                                                                                                     
                                                                                                                                
CO-CHAIRMAN DYSON objected for the discussion.                                                                                  
                                                                                                                                
REPRESENTATIVE KEMPLEN explained that this amendment provides the                                                               
opportunity for legislators to have access to the records of                                                                    
vulnerable adults.  Last year they passed legislation allowing                                                                  
legislators access to the vulnerable young; this amendment allows                                                               
legislators the same type of access for vulnerable adults.                                                                      
                                                                                                                                
CO-CHAIRMAN COGHILL said quite often the legislators are the last                                                               
recourse of advocacy for constituents; he thinks it is an excellent                                                             
addition, and he suggests they put it in.                                                                                       
                                                                                                                                
Number 1452                                                                                                                     
                                                                                                                                
CO-CHAIRMAN DYSON removed his objection.                                                                                        
                                                                                                                                
Number 1505                                                                                                                     
                                                                                                                                
REPRESENTATIVE KEMPLEN made a motion to move CSHB 147(HES) with                                                                 
individual recommendations and zero fiscal note.  There being no                                                                
objection, CSHB 147(HES) moved from the House Health, Education and                                                             
Social Services Standing Committee.                                                                                             
                                                                                                                                
The committee took a brief at-ease from 4:08 p.m. - 4:10 p.m.