Legislature(2001 - 2002)
04/30/2002 03:15 PM House HES
| Audio | Topic |
|---|
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SB 342 - LONG TERM CARE OMBUDSMAN CHAIR DYSON announced that the first order of business would be CS FOR SENATE BILL NO. 342(HES), "An Act relating to the long term care ombudsman." Number 0088 JERRY BURNETT, Staff to Senator Lyda Green, Alaska State Legislature, chair, Senate Health, Education and Social Services Standing Committee, sponsor, presented SB 342. He informed the members that SB 342 was introduced at the request of the executive director of Alaska Mental Health Trust Authority. It was introduced to bring Alaska's law in compliance with federal law regarding the long term care ombudsman. He gave the following testimony: Each state is required to have a long term care ombudsman under the Older [Americans] Act. Alaska's long term care ombudsman is located in the Alaska Mental Health Trust Authority. Recently, the long term care ombudsman resigned and was replaced. The one that resigned cited frustration with the Alaska statutes. It's one of his reasons [for] leaving. [SB] 342 directs that the long term care ombudsman visits long term care facilities and identifies problems, rather than assuming the more passive role of responding to complaints; provides that no long- term care facility may deny immediate access to an employee or volunteer. MR. BURNETT requested that the committee adopt Version P. Number 0206 REPRESENTATIVE WILSON made a motion to adopt the proposed House committee substitute (HCS) for CSSB 342, version 22-LS1591\P, Lauterbach, 4/30/02, as a work draft. There being no objection, Version P was before the committee. MR. BURNETT explained the changes in the proposed CS on page 3, Section 2. The new version allows immediate access granted between the hours of 8:00 a.m. and 8:00 p.m. under any circumstances. Between the hours of 8:00 p.m. and 8:00 a.m., immediate access will be granted if there is a scheduled visit, if there's a complaint that's being investigated, or if a resident in the long-term care facility has requested a visit during that time. He noted that this was worked out with representatives of the nursing homes who were concerned about having immediate access at all times. MR. BURNETT explained that Version P clarified that the duties of the long term care ombudsman are [performed by the long term care ombudsman himself] or through a representative of the office, which would include employees and volunteers who are certified. There is a separation between volunteers and employees on page 2, (b), so only the ombudsman or employees of the office may subpoena witnesses, compel their attendance, et cetera, and volunteers are not given all the powers of the ombudsman. MR. BURNETT explained that SB 342 gives the long term care ombudsman guaranteed access to deal with any conflicts in access, gives the ombudsman an active role in providing the technical support to volunteer organizations and in protecting the health and safety of the most vulnerable older Alaskans. Number 0428 CHAIR DYSON asked if there have been problems. MR. BURNETT answered that there have been reports of a problem in getting access or cases where complaints were perhaps not investigated in a timely manner. CHAIR DYSON asked what the remedy is if one of the facilities denies access according to this new law. MR. BURNETT replied that the ombudsman has the power to subpoena, compel attendance, et cetera. He suggested that the long term care ombudsman or executive director of the Alaska Mental Health Trust Authority be asked that question. REPRESENTATIVE COGHILL pointed out to Chair Dyson page 2, lines 28 to 29, which reads, "The powers described in this subsection shall be enforced by the superior court." Number 0580 RON COWAN, Long Term Care Ombudsman, Alaska Mental Health Trust Authority, Department of Revenue, testified via teleconference. He endorsed everything Mr. Burnett indicated about the purpose of these amendments to the existing statute. From his experience in health care in Alaska, he noted that there have been various points of confusion regarding the authority of the long term care ombudsman but also the ombudsman's responsibilities. MR. COWAN said he believes that the proposed changes will help clarify both of those issues. It will further delineate the responsibilities of the office, which are to be more proactive advocates rather than persons who respond to complaints. His office has made an effort to respond to what it has heard from the industry and smaller assisted living facilities. His office has no problems with those hours from 8:00 a.m. to 8:00 p.m. being identified for reasonable visits. He said his office would not come in without good cause outside of those hours. He urged the committee to support the SB 342. REPRESENTATIVE WILSON moved to report HCS CSSB 342, version 22- LS1591\P, Lauterbach, 4/30/02, out of committee with individual recommendations and the accompanying fiscal notes. There being no objection, HCS CSSB 342(HES) moved from the House Health, Education and Social Services Standing Committee.
| Document Name | Date/Time | Subjects |
|---|