Legislature(2005 - 2006)CAPITOL 106

04/26/2005 03:00 PM HEALTH, EDUCATION & SOCIAL SERVICES


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Audio Topic
03:33:52 PM Start
03:35:04 PM University of Alaska Board of Regents
03:53:25 PM HCR11
04:01:03 PM HJR20
04:28:59 PM HB114
04:47:43 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Recessed to a Call of the Chair --
+ Confirmation hearing: TELECONFERENCED
Univ. of Alaska Board of Regents
*+ HCR 11 PARENTS' DAY TELECONFERENCED
Moved Out of Committee
*+ HJR 20 PROSTATE CANCER DRUGS TELECONFERENCED
Moved Out of Committee
+= HB 114 TERM. PARENTAL RTS/CINA/DELINQUENCY CASES TELECONFERENCED
Heard & Held
Bills Previously Heard/Scheduled
HB 114 - TERM. PARENTAL RTS/CINA/DELINQUENCY CASES                                                                            
                                                                                                                                
[Contains mention of HB 193.]                                                                                                   
                                                                                                                                
CHAIR WILSON announced  that the next order of  business would be                                                               
HOUSE BILL NO.  114 "An Act relating to the  retaining of certain                                                               
privileges of a  parent in a relinquishment and  termination of a                                                               
parent   and   child   relationship   proceeding;   relating   to                                                               
eligibility for permanent fund dividends  for certain children in                                                               
the  custody of  the  state; relating  to child  in  need of  aid                                                               
proceedings and  juvenile delinquency proceedings;  and providing                                                               
for  an  effective  date."     [Before  the  committee  was  CSHB
114(STA).]                                                                                                                      
                                                                                                                                
[Although  the  House  Health,   Education  and  Social  Services                                                               
Standing Committee  heard, amended,  and reported  HB 114  out of                                                               
committee  on  4/22/05, the  bill  had  not  been noticed  for  a                                                               
hearing.]                                                                                                                       
                                                                                                                                
4:28:59 PM                                                                                                                    
                                                                                                                                
CHAIR WILSON  explained that although  the committee  had decided                                                               
to insert  certain language into  [CSHB 114(STA)] last  week, she                                                               
has  since  been  notified  by  Legislative  Legal  and  Research                                                               
Services that  the title of  the bill precludes the  insertion of                                                               
that language.   Therefore, she  is having Legislative  Legal and                                                               
Research Services draft  a new bill, which will  be introduced as                                                               
a  committee  bill  and  which  will  contain  the  language  the                                                               
committee agreed upon last week.                                                                                                
                                                                                                                                
REPRESENTATIVE   ANDERSON    referred   to    proposed   language                                                               
authorizing the  Department of Health and  Social Services (DHSS)                                                               
to promulgate  emergency regulations  pertaining to  the personal                                                               
allowance  of  those  residing  in assisted  living  homes.    He                                                               
surmised that  that proposed  language would  be included  in the                                                               
forthcoming new committee bill.                                                                                                 
                                                                                                                                
CHAIR WILSON offered  her belief that that  proposed language was                                                               
instead included in HB 193.                                                                                                     
                                                                                                                                
AN UNIDENTIFIED SPEAKER said, "No."                                                                                             
                                                                                                                                
REPRESENTATIVE ANDERSON  relayed his understanding that  the DHSS                                                               
preferred to address that issue  via budgetary authorization, and                                                               
that  the DHSS  recently presented  the Senate  Finance Committee                                                               
with an $18 million supplemental  budget request "and the request                                                               
for  Medicaid  under  the Division  of  Senior  and  Disabilities                                                               
Services."   He questioned why  the DHSS didn't simply  amend its                                                               
request  to cover  any additional  needs and  thereby bypass  the                                                               
need to  promulgate emergency  regulations on  the aforementioned                                                               
issue.                                                                                                                          
                                                                                                                                
The committee took an at-ease from 4:33 p.m. to 4:38 p.m.                                                                       
                                                                                                                                
CHAIR  WILSON,  in  response to  further  comments,  offered  her                                                               
understanding  that   the  DHSS   felt  it  couldn't   amend  its                                                               
supplemental budget unless  either more money was  put into [its]                                                               
budget or funds were taken from some other program.                                                                             
                                                                                                                                
4:39:45 PM                                                                                                                    
                                                                                                                                
STEVEN P.  ASHMAN, Director, Division of  Senior and Disabilities                                                               
Services,  Department  of  Health  and  Social  Services  (DHSS),                                                               
offered his  understanding that  the supplemental  budget request                                                               
wasn't increased because the DHSS  hadn't yet had the opportunity                                                               
to talk to the Office of Management  & Budget (OMB) about it.  He                                                               
said  that  [the   DHSS]  wants  to  "fix  this"   via  the  most                                                               
expeditious  mechanism,  whether  that  ends  up  being  via  the                                                               
operating budget or via some other legislation.                                                                                 
                                                                                                                                
REPRESENTATIVE CISSNA  surmised that  the legislature  was simply                                                               
not  aware until  just very  recently of  how bad  the situations                                                               
regarding  assisted living  homes  and  personal care  attendants                                                               
(PCAs) have  become.  She  suggested that the committee  ought to                                                               
address  legislation  pertaining to  this  issue  in a  slow  and                                                               
deliberate manner.                                                                                                              
                                                                                                                                
4:43:27 PM                                                                                                                    
                                                                                                                                
CHAIR  WILSON  indicated  that  because  the  aforementioned  new                                                               
committee bill  is not yet  before them, the committee  would not                                                               
be taking public testimony on it yet.                                                                                           
                                                                                                                                
REPRESENTATIVE  GARDNER asked  whether the  Department of  Health                                                               
and  Social Services  could  simply add  the  money necessary  to                                                               
cover the personal needs allowance  for assisted living homes, or                                                               
whether such had to be done via legislation.                                                                                    
                                                                                                                                
MR. ASHMAN said that the DHSS  will attempt to [obtain the funds]                                                               
through the supplemental budget.                                                                                                
                                                                                                                                
REPRESENTATIVE GARDNER  asked whether, if that  attempt succeeds,                                                               
a "legislative fix" would then even be necessary.                                                                               
                                                                                                                                
REPRESENTATIVE ANDERSON remarked upon  the shortness of time left                                                               
in the session.                                                                                                                 
                                                                                                                                
CHAIR WILSON concurred.                                                                                                         
                                                                                                                                
REPRESENTATIVE ANDERSON  expressed a  preference for the  DHSS to                                                               
obtain the necessary funds via the supplemental budget.                                                                         
                                                                                                                                
4:45:52 PM                                                                                                                    
                                                                                                                                
MR.  ASHMAN  said  he  would  pass that  information  on  to  the                                                               
commissioner, adding  that the idea behind  including a mechanism                                                               
[for  funding] in  HB 114  was to  simply provide  for an  option                                                               
should one be needed.                                                                                                           
                                                                                                                                
REPRESENTATIVE GARDNER  surmised, then, that providing  a funding                                                               
mechanism via  HB 114  is not  absolutely necessary;  rather, the                                                               
money could simply be obtained via the supplemental budget.                                                                     
                                                                                                                                
MR. ASHMAN said that what is  necessary is for the DHSS to obtain                                                               
the  necessary  funding,  and,   in  response  to  an  additional                                                               
comment,  that   the  supplemental   budget  would   address  the                                                               
situation for this fiscal year (FY).                                                                                            
                                                                                                                                
REPRESENTATIVE  CISSNA  said she  is  assuming  that it  will  be                                                               
difficult  to  get  a  [new] piece  of  legislation  through  the                                                               
process before the end of session.                                                                                              
                                                                                                                                
CHAIR  WILSON surmised  that the  likelihood  of new  legislation                                                               
making  through  the process  before  the  end of  session  would                                                               
depend  on the  number of  committee referrals  a bill  receives.                                                               
She  relayed her  belief that  "our  best bet  is a  supplemental                                                               
[budget request]," and  explained that she is  having some intent                                                               
language and guidelines for PCAs  included in the forthcoming new                                                               
committee bill.                                                                                                                 
                                                                                                                                
4:47:43 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ANDERSON  again remarked on the  shortness of time                                                               
left in  the session, and  suggested that efforts should  be made                                                               
to encourage the speaker to  assign the forthcoming new committee                                                               
bill  to only  the House  Health, Education  and Social  Services                                                               
Standing Committee and the House Finance Committee.                                                                             
                                                                                                                                
CHAIR WILSON said  her concern is that the committee  has not yet                                                               
had a  good discussion on [the  aspects that will be  included in                                                               
the forthcoming new committee bill].                                                                                            
                                                                                                                                
REPRESENTATIVE  ANDERSON opined  that there  has been  sufficient                                                               
discussion  on   the  assisted  living  home   issue,  and  again                                                               
suggested that  efforts should be  made to encourage  the speaker                                                               
to assign  the forthcoming new  committee bill to only  the House                                                               
Health, Education and Social Services  Standing Committee and the                                                               
House Finance Committee.                                                                                                        
                                                                                                                                
CHAIR WILSON said she would try to do that.                                                                                     
                                                                                                                                
REPRESENTATIVE CISSNA  said her hope  is that "these  two issues"                                                               
could  be  looked at  in  greater  depth  by the  committee,  and                                                               
mentioned that she would be doing that herself over the interim.                                                                
                                                                                                                                
CHAIR WILSON  indicated a  willingness to  have the  committee do                                                               
everything it can.                                                                                                              
                                                                                                                                
[HB 114 was held over.]                                                                                                         

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