05/11/1999 03:43 PM House HES

HB 16 - LICENSURE OF ASSISTED LIVING FACILITIES                                                                                 
                                                                                                                                
Number 0758                                                                                                                     
                                                                                                                                
CO-CHAIRMAN DYSON announced the next order of business as House                                                                 
Bill No. 16, "An Act transferring to the Department of Health and                                                               
Social Services the authority to license all assisted living                                                                    
facilities; eliminating the authority of the Department of                                                                      
Administration to license assisted living facilities; and providing                                                             
for an effective date."                                                                                                         
                                                                                                                                
Number 0774                                                                                                                     
                                                                                                                                
REPRESENTATIVE ERIC CROFT, Alaska State Legislature, sponsor, came                                                              
forward to testify saying that he felt it was the committee's                                                                   
discretion on what to do with HB 16.  His original intention was a                                                              
consolidation of a current function to solve a perceived conflict                                                               
of interest and let the process of rewriting the regulations                                                                    
continue.  Another option is to try to incorporate this                                                                         
consolidation into a change in function that would be a part of the                                                             
regulations.  He wants this committee to decide.  He has a slight                                                               
preference to do what he intended to do.                                                                                        
                                                                                                                                
Number 0875                                                                                                                     
                                                                                                                                
REPRESENTATIVE BRICE commented that to concur with the original                                                                 
intention, they should probably move HB 16 as it is and move it                                                                 
without the fiscal note or ask the chair to rewrite a Health,                                                                   
Education and Social Services (HES) committee fiscal note that                                                                  
would show the actual transition between the Department of                                                                      
Administration (DOA) and the Department of Health and Social                                                                    
Services (DHSS).                                                                                                                
                                                                                                                                
Number 0910                                                                                                                     
                                                                                                                                
CO-CHAIRMAN DYSON said he believed that the committee had asked the                                                             
departments and Representative Croft if there was a way to work                                                                 
this out.  He repeated the philosophical questions they had asked:                                                              
Should all the licensing be under one roof?  Should the licensing                                                               
be in an organization that is independent from the organization                                                                 
that administers the program?  Can the administration come up with                                                              
an ideal solution that heads them toward the best way to organize                                                               
and administer the licensing and inspection process?                                                                            
                                                                                                                                
Number 0983                                                                                                                     
                                                                                                                                
ELMER LINDSTROM, Special Assistant, Office of the Commissioner,                                                                 
Department of Health and Social Services, came forward to testify.                                                              
He agreed that those questions were raised and probably others, and                                                             
there is a process that the DOA and DHSS are willing to commit to                                                               
that will get those answers.  He noted that the committee has been                                                              
provided with a memorandum from Kay Burrows, Director, Division of                                                              
Senior Services, DOA to Alison Elgee, Deputy Commissioner, DOA,                                                                 
dated May 11, 1999 regarding Timeline for review of Assisted Living                                                             
Regulations.  That is a process they are committed to engage in                                                                 
over the next several months.  Their goal by the fall of 1999 is to                                                             
have a very good understanding of where they want to go in terms of                                                             
who should appropriately license the facilities.                                                                                
                                                                                                                                
MR. LINDSTROM noted that they probably need to look at different                                                                
standards for smaller "mom and pop" facilities as opposed to the                                                                
larger assisted living facilities, like the pioneers' homes.  By                                                                
next fall they will have a much better sense of what they want this                                                             
system to look like.  He is willing to predict that one of their                                                                
conclusions is that they will need legislation.  Next year they                                                                 
will know what that legislation ought to look like from their                                                                   
perspective.                                                                                                                    
                                                                                                                                
Number 1082                                                                                                                     
                                                                                                                                
REPRESENTATIVE GREEN commented that was a good move forward.  He                                                                
asked them to look at the possibility of new regulations for bigger                                                             
and smaller facilities since that greatly affects the fiscal note.                                                              
                                                                                                                                
MR. LINDSTROM indicated they would be looking at that in the                                                                    
regulations.  This review and developing the standards will allow                                                               
them to refine their fiscal note far better than what was presented                                                             
up to this point.                                                                                                               
                                                                                                                                
Number 1159                                                                                                                     
                                                                                                                                
REPRESENTATIVE KEMPLEN asked Mr. Lindstrom if the DHSS would be                                                                 
opposed to movement of HB 16 as it is written now.                                                                              
                                                                                                                                
MR. LINDSTROM said he would like to pass on answering that                                                                      
question.  Next fall they are likely to be looking at a need for                                                                
some sort of legislative fix.  He doesn't know if the sponsor would                                                             
be interested in using HB 16 as a possible vehicle for that, but                                                                
this bill needs further work.                                                                                                   
                                                                                                                                
REPRESENTATIVE BRICE commented he was favoring moving out HB 16 as                                                              
it is a simple change of administrative function that should come                                                               
up with a net zero fiscal note moving out the DOA functions into                                                                
DHSS, as it is written.  If they want to focus on developing a                                                                  
stronger certification and licensing process and develop certain                                                                
standards for assisted living programs, that is something outside                                                               
of what they are talking about in HB 16.                                                                                        
                                                                                                                                
MR. LINDSTROM indicated that the Commissioner of DHSS would be                                                                  
opposed to this legislation should it pass without the funding they                                                             
have estimated for the requirements at this time.                                                                               
                                                                                                                                
The Committee took an at-ease from 4:05 p.m. to 4:15 p.m.                                                                       
                                                                                                                                
Number 1311                                                                                                                     
                                                                                                                                
CO-CHAIRMAN DYSON commented that the consensus of the committee is                                                              
to hold this bill, revisit it and work with the departments.  He                                                                
asked that the departments keep the HES committee in the loop and                                                               
suggested they have some concurrent meetings.  The HES committee                                                                
plans to meet in August, and they would like an update from the                                                                 
departments.  In the meantime, a new fiscal note will be drafted.                                                               
[HB 16 was held over.]