Legislature(2003 - 2004)
05/08/2004 01:00 PM House JUD
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SB 364 - LIMIT STATE AID FOR MENTAL HEALTH CARE [Contains mention that the proposed House committee substitute mirrors the latest House version of the bill, CSHB 535(JUD), which was reported from committee on 5/6/04.] Number 1670 CHAIR McGUIRE announced that the next order of business would be CS FOR SENATE BILL NO. 364(HES)(efd fld), "An Act relating to liability for expenses of placement in certain mental health facilities; and relating to the mental health treatment assistance program." CHAIR McGUIRE stated that public testimony on SB 364 is closed, and mentioned that the proposed House committee substitute (HCS) in members' packets mirrors the latest House version of the bill, [CSHB 535(JUD), which was reported from committee on 5/6/04]. Number 1708 REPRESENTATIVE ANDERSON moved to adopt the proposed HCS for SB 364, Version 23-GS2080\I, Mischel, 5/7/04, as the work draft. There being no objection, Version I was before the committee. REPRESENTATIVE OGG directed attention to page 1, line 11, and noted that it says that the patient's parent will pay if the patient is under 18 years of age. He asked how that would apply when the patient is an emancipated minor. Would the patient's parent still be obligated to pay? REPRESENTATIVE GRUENBERG pointed out that that language is part of current law. He offered his belief that the intent of the language is that it apply only to unemancipated minors; once a minor is emancipated, then the parent, as a matter of law, is no longer responsible. He characterized the language being used as standard language that automatically doesn't apply to emancipated minors. Number 1824 BILL HOGAN, Director, Central Office, Division of Behavioral Health (DBH), Department of Health and Social Services (DHSS), concurred that once a minor is emancipated, he/she is considered an adult. He relayed that the number of children being served by this program is less than 3 percent of the total being served; so in a year where the average number of individuals being served by this program is about 250, only 6 or 7 of them are children. REPRESENTATIVE OGG pointed out, however, that the language does not specify that it pertains only to unemancipated minors. REPRESENTATIVE GRUENBERG suggested changing the language such that it does specify an unemancipated minor. Number 1873 REPRESENTATIVE GRUENBERG made a motion to adopt Amendment 1, to change page 1, lines 6-7 and 18, such that "under 18 years of age" is replaced with "an unemancipated minor". There being no objection, Amendment 1 was adopted. Number 1906 REPRESENTATIVE ANDERSON moved to report the proposed HCS for SB 364, Version 23-GS2080\I, Mischel, 5/7/04, as amended, out of committee with individual recommendations and the accompanying fiscal note. Number 1919 REPRESENTATIVE GRUENBERG noted that there is language on page 2, line 4, similar to that which was changed via Amendment 1. CHAIR McGUIRE [made a motion to adopt] Amendment 2, to change page 2 [lines 4-5] such that "under 18 years of age" is replaced with "an unemancipated minor". REPRESENTATIVE GRUENBERG suggested asking the drafter to make a similar change wherever the phrase, "under 18 years of age" occurs. Number 1931 CHAIR McGUIRE asked whether there were any objections to Amendment 2. There being none, Amendment 2 was adopted. MR. HOGAN noted that that phrase is also used on page 4 [line 12]. CHAIR McGUIRE referred to that [possible change] as Amendment 3, and prompted Representative Gruenberg. Number 1969 REPRESENTATIVE GRUENBERG said, "Okay; 'under 18 years of age' should be 'an unemancipated minor'". [Although no formal motion was made, Amendment 3 was treated as moved and adopted] He then asked whether the phrase "under 18 years of age" is used elsewhere in AS 47.31. MR. HOGAN offered his belief that it is. REPRESENTATIVE GRUENBERG asked Mr. Hogan to provide him with a list of instances where it is used, for the purpose of possibly making conforming amendments at another time. Number 1996 REPRESENTATIVE ANDERSON again made the motion to report the proposed HCS for SB 364, Version 23-GS2080\I, Mischel, 5/7/04, as amended, out of committee with individual recommendations and the accompanying fiscal note. There being no objection, HCS CSSB 364(JUD) was reported from the House Judiciary Standing Committee. Number 2021 REPRESENTATIVE OGG moved to report the Senate Health, Education and Social Services Standing Committee's letter of intent out of committee along with the bill. There being no objection, the letter of intent was also reported from the House Judiciary Standing Committee. [HCS CSSB 364(JUD) was reported from committee.]
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