Legislature(2007 - 2008)CAPITOL 106

02/12/2008 03:00 PM House HEALTH, EDUCATION & SOCIAL SERVICES


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03:03:21 PM Start
03:11:00 PM HB319
03:59:31 PM HB276|| HB279
04:05:34 PM HB279
04:25:10 PM Presentation on Alzheimer's Disease
04:55:21 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 319 DENTISTS & DENTAL ASSISTANTS TELECONFERENCED
Moved CSHB 319(HES) Out of Committee
*+ HB 276 EXTEND ALASKA COMMISSION ON AGING TELECONFERENCED
Moved Out of Committee
*+ HB 279 COMMISSION ON AGING TELECONFERENCED
Moved CSHB 279(HES) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
HB 276-EXTEND ALASKA COMMISSION ON AGING                                                                                      
                                                                                                                                
[Contains discussion of HB 279]                                                                                                 
                                                                                                                                
3:59:31 PM                                                                                                                    
                                                                                                                                
CHAIR WILSON announced  that the next order of  business would be                                                               
HOUSE BILL  NO. 276,  "An Act extending  the termination  date of                                                               
the Alaska  Commission on Aging;  and providing for  an effective                                                               
date."                                                                                                                          
                                                                                                                                
4:00:41 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ANDREA DOLL,  Alaska State  Legislature, speaking                                                               
as the  sponsor of  HB 276,  informed the  committee that  HB 276                                                               
will extend  the sunset  provision for  the Alaska  Commission on                                                               
Aging (ACoA).   She advised  that, five  years ago, the  ACoA was                                                               
moved  from  the  Department  of   Administration  (DOA)  to  the                                                               
Department of Health  and Social Services (DHSS) and  some of the                                                               
commission's responsibilities were  changed.  Representative Doll                                                               
added  that  HB 279  was  recommended  by  the auditors  and  was                                                               
written to enact the conforming language to reflect this move.                                                                  
                                                                                                                                
4:01:55 PM                                                                                                                    
                                                                                                                                
CHAIR WILSON noted that HB 276 extends the sunset to 2016.                                                                      
                                                                                                                                
4:02:36 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE FAIRCLOUGH asked when  the last time the statewide                                                               
plan was adopted.                                                                                                               
                                                                                                                                
4:02:47 PM                                                                                                                    
                                                                                                                                
KEN  ALPER, Staff  to Representative  Andrea  Doll, Alaska  State                                                               
Legislature, stated  that the plan was  adopted in 2007 and  is a                                                               
four-year plan dated 2008 to 2011.                                                                                              
                                                                                                                                
4:03:10 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  FAIRCLOUGH noted  that  there is  support in  the                                                               
legislature for  shorter timeframes so that  the effectiveness of                                                               
programs  can  be  measured;  nevertheless,  she  said  that  she                                                               
supports  the reauthorization  of the  ACoA.   She then  recalled                                                               
that a  former member  of the commission  raised the  question of                                                               
access  to  facilities  for  the aging  population.    She  asked                                                               
whether  the commission's  planning process  addresses access  to                                                               
facilities and long-term care.                                                                                                  
                                                                                                                                
4:03:58 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  DOLL  referred  the  question  to  the  executive                                                               
director.                                                                                                                       
                                                                                                                                
4:04:10 PM                                                                                                                    
                                                                                                                                
CHAIR WILSON asked for a motion.                                                                                                
                                                                                                                                
4:04:19 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARDNER  moved to report  HB 276 out  of committee                                                               
with  individual  recommendations  and  the  accompanying  fiscal                                                               
notes.                                                                                                                          
                                                                                                                                
The committee took an at-ease from 4:04 p.m. to 4:05 p.m.                                                                       
                                                                                                                                
There being  no objection, HB 276  was reported out of  the House                                                               
Health, Education and Social Services Standing Committee.                                                                       
                                                                                                                                
HB 279-COMMISSION ON AGING                                                                                                    
                                                                                                                                
CHAIR WILSON announced  that the next order of  business would be                                                               
HOUSE BILL NO. 279, "An Act  relating to the duties and powers of                                                               
the Alaska Commission  on Aging and the Department  of Health and                                                               
Social Services."                                                                                                               
                                                                                                                                
4:05:34 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ANDREA DOLL,  Alaska State  Legislature, speaking                                                               
as one of the joint prime sponsors, remarked:                                                                                   
                                                                                                                                
     From  1982,  when  it was  created  through  2003,  the                                                                    
     Alaska  Commission  on  Aging was  located  within  the                                                                    
     Department   of   Administration,   and   because   the                                                                    
     Department   of   Administration   did  not   have   an                                                                    
     independent grant  making authority, the  Commission on                                                                    
     Aging   was  given   granting  power   so  they   could                                                                    
     distribute federal money targeted  at seniors.  In 2003                                                                    
     Governor Murkowski signed Executive  Order 108, we have                                                                    
     a copy of  that with us.  This moved  the Commission on                                                                    
     Aging to the Department  of Health and Social Services.                                                                    
     However, they  already did have  grant making  power so                                                                    
     the executive  order also moved those  functions, grant                                                                    
     making,  to the  Division  of  Senior and  Disabilities                                                                    
     Services  at HSS,  h, s,  s.   The statutes  were never                                                                    
     changed   and this  current law  is written  ... Alaska                                                                    
     Commission    on   Aging    in   the    Department   of                                                                    
     Administration  writing their  own  grants.   In  2006,                                                                    
     when  ACoA   went  through   the  sunset   audit,  from                                                                    
     legislative  audit,  the   auditors    discovered  this                                                                    
     discrepancy.    The  auditors  recommended  making  the                                                                    
     statuary changes conforming to  the changes made by the                                                                    
     Governor  Murkowski.     HB 279  was  written for  this                                                                    
     purpose.  It  was  written  with  the  cooperation  and                                                                    
     participation of  the Alaska Commission on  Aging staff                                                                    
     and  the  senior  officials  at DHSS.    The  bill,  if                                                                    
     passed,  would  codify  the  current  situation.    The                                                                    
     Commission  on Aging  is responsible  for planning  and                                                                    
     advocacy for Alaska's seniors.   The Division of Senior                                                                    
     and   Disabilities   Services    is   responsible   for                                                                    
     administering and distributing federal funds.                                                                              
                                                                                                                                
4:08:02 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ROSES  moved  to  adopt  CSHB  279,  Version  25-                                                               
LS1106\E, Mischel, 2/11/08,  as a working document.   There being                                                               
no objection, Version E was before the committee.                                                                               
                                                                                                                                
REPRESENTATIVE ROSES  then observed  that the  bill takes  away a                                                               
considerable amount  of authority from  the ACoA, and  asked what                                                               
the commission is left to do.                                                                                                   
                                                                                                                                
4:09:27 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DOLL  responded that  the ACoA is  responsible for                                                               
education  and  advocacy; in  fact,  it  has many  functions  for                                                               
seniors as outlined in the state plan.                                                                                          
                                                                                                                                
4:09:51 PM                                                                                                                    
                                                                                                                                
CHAIR WILSON  added that this is  a housecleaning bill to  put in                                                               
state statute what is already happening.                                                                                        
                                                                                                                                
4:09:55 PM                                                                                                                    
                                                                                                                                
MR.  ALPER informed  the committee  that the  only change  in the                                                               
committee substitute is  in Section 3, on page  4, that clarifies                                                               
that the ACoA  is the primary agency responsible  for writing the                                                               
state plan.                                                                                                                     
                                                                                                                                
4:10:17 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ROSES asked whether  the commission members are in                                                               
support of the bill.                                                                                                            
                                                                                                                                
4:10:54 PM                                                                                                                    
                                                                                                                                
CHAIR WILSON asked for testimony from DHSS and the ACoA.                                                                        
                                                                                                                                
4:11:19 PM                                                                                                                    
                                                                                                                                
BILL   HOGAN,  Deputy   Commissioner,   Family,  Community,   and                                                               
Integrated  Services, Office  of the  Commissioner, DHSS,  stated                                                               
that  one  of his  responsibilities  is  to  act as  the  primary                                                               
liaison with  many of the  boards and commissions that  work with                                                               
DHSS.  He  reiterated that the language in HB  279 is intended to                                                               
put  in statute  what has  been in  practice since  the first  of                                                               
July, 2003.   Mr. Hogan highlighted that the bill  gives DHSS the                                                               
responsibility   for   establishing   state   policy   for,   and                                                               
administering  the requirements  of, the  Older Americans  Act of                                                               
1965,  and  the authority  for  administering  grants to  service                                                               
providers that serve  older Alaskans, adult day  care, and family                                                               
and respite care.   He explained that he works  very closely with                                                               
ACoA,  and  meets  with the  executive  director  and  commission                                                               
members on  a regular basis.   In addition, the language  for the                                                               
bill  was developed  in  conjunction  with the  ACoA.   The  most                                                               
recent  change is  to acknowledge  that  the ACoA  still has  the                                                               
primary responsibility  for formulating the state  plan; however,                                                               
DHSS  is  the  state  entity  on   aging  and  has  a  number  of                                                               
responsibilities in that  regard.  Mr. Hogan  concluded by saying                                                               
that DHSS is very supportive of HB 279.                                                                                         
                                                                                                                                
4:13:55 PM                                                                                                                    
                                                                                                                                
DENISE DANIELLO, Executive Director,  Alaska Commission on Aging,                                                               
expressed the  commission's support for HB  279.  This bill  is a                                                               
reflection of  current practice;  in fact,  the bill  was crafted                                                               
primarily  by  the former  commission  chair.   She  assured  the                                                               
committee  that the  ACoA plays  an undiminished  role for  older                                                               
Alaskans.  Because it does not  serve as a grant making body, the                                                               
ACoA is now able  to focus on statewide planning and  to act as a                                                               
strong advocate  for caregivers and  seniors.  Ms.  Daniello told                                                               
the  committee  that  the  ACoA  hosts  quarterly  meetings  with                                                               
caregivers  and  providers to  talk  about  senior issues.    Its                                                               
members  also  advocate  before legislators,  the  governor,  and                                                               
DHSS,  regarding  issues  concerning   older  Alaskans  such  as:                                                               
legislation  to  strengthen  the  senior  benefits  program;  the                                                               
creation  of  the  office  of  Advocacy;  strengthening  laws  to                                                               
prevent crimes of identify theft  against seniors; and supporting                                                               
stable  funding  for  many  senior   services.    The  ACoA  also                                                               
advocates to the congressional delegation  on federal issues such                                                               
as workforce  development and Medicare reimbursement  rates.  Its                                                               
other  responsibilities are  to provide  recommendations to  DHSS                                                               
and to the  Alaska Mental Health Trust Authority,  and to provide                                                               
local community  education.  Ms.  Daniello assured  the committee                                                               
that the ACoA supports HB 279.                                                                                                  
                                                                                                                                
4:17:30 PM                                                                                                                    
                                                                                                                                
BANARSI LAL,  Chair, ACoA,  DHSS, expressed  his belief  that the                                                               
concerns about  the changes brought  by Executive Order  108 were                                                               
unfounded.  He  opined that grant making took a  lot of time away                                                               
from the  ACoA's primary functions:  to be  the eyes and  ears of                                                               
seniors in Alaska;  to educate seniors about  the availability of                                                               
existing services;  and to  advocate for  their needs.   Instead,                                                               
the ACoA  is now  able to solicit  seniors for  information about                                                               
their needs  and to produce  the state plan.   The state  plan is                                                               
submitted  to  the  commissioner  of  the  DHSS,  the  governor's                                                               
office,  and to  the  Region  10 office  of  the Older  Americans                                                               
Program.   Mr. Lal noted  that the small  board and staff  of the                                                               
ACoA have the  drive and interest to produce the  state plan.  In                                                               
2006,  the  White  House Conference  on  Aging  sponsored  forums                                                               
throughout   the  state   and   the   commission  gathered   more                                                               
information from  seniors.   He then  spoke of  the value  of the                                                               
legislative audit report  and said that he is  very supportive of                                                               
HB 279.   Mr. Lal  encouraged the  committee to take  a long-term                                                               
position on  the growing  needs of the  senior population  and to                                                               
study the  recommendations in  the ACoA's  state plan  and annual                                                               
report.                                                                                                                         
                                                                                                                                
4:22:40 PM                                                                                                                    
                                                                                                                                
CHAIR  WILSON asked  for concurrence  from the  Legislative Audit                                                               
Division.                                                                                                                       
                                                                                                                                
4:23:09 PM                                                                                                                    
                                                                                                                                
PAT  DAVIDSON, Legislative  Auditor, Legislative  Audit Division,                                                               
Legislative Agencies  & Offices, informed the  committee that she                                                               
was representing the Division of  Legislative Audit as it relates                                                               
to  HB 279.    She  stated that  the  audit  recommends that  the                                                               
statutes   be   changed   for    those   areas   that   represent                                                               
administration  of the  grants.   The sections  in the  bill that                                                               
reflect changes to the grants support the audit recommendations.                                                                
                                                                                                                                
CHAIR WILSON closed testimony.                                                                                                  
                                                                                                                                
4:24:10 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KELLER  moved  to  report  HB  279,  Version  25-                                                               
LS1106\E,  Mischel, 2/11/08,  out  of  committee with  individual                                                               
recommendations and  the accompanying  zero fiscal notes.   There                                                               
being no objection,  CSHB 279(HES) was reported out  of the House                                                               
Health, Education and Social Services Standing Committee.                                                                       

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