Legislature(1999 - 2000)
03/02/2000 09:03 AM Senate FIN
| Audio | Topic |
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SENATE BILL NO. 204
"An Act extending the termination date of the Alaska
Commission on Aging; and providing for an effective
date."
This was the second hearing for this bill in the Senate
Finance Committee.
Co-Chair Torgerson noted that a representative of the
Department of Administration was present to answer
questions. There were none.
Speaking to concerns she voiced during the previous
hearing, Senator Green offered some solutions. One option,
she told of, was to relocate the Alaska Commission on Aging
to the legislative branch where it would be under the
direct supervision of the legislature and would be located
in the Legislative Information Office in Anchorage. She
stated that under this method, the commission would
function as an independent ombudsman for issues related to
aging. She thought this would eliminate the potential
conflict of interest with the Department of Administration
and the Alaska Pioneer's Homes that was currently present.
Senator Green continued with her second suggestion, which
would move the long-term care ombudsman from its current
status and place it under the direction of a yet to be
determined state agency. She understood this change would
be reflected on the legislative budget but did not know how
to otherwise deal with her concerns.
Senator Phillips asked why the ombudsman should be moved.
Senator Green responded that she felt there was a need to
have a separation between the overseer of the pioneer's
homes, Department of Administration, and the long-term care
ombudsman. She noted that the ombudsman was charged with
investigating complaints and also being the advocate for
senior citizens, which was in conflict with it's other
charge to oversee the pioneers' home facilities.
Senator Green then offered a third suggestion to have the
ombudsman report directly to the commissioner of the
Department of Administration, saying this solution would
not require a budgetary change.
ALYSON ELGEE, Deputy Commissioner, Department of
Administration stated that the Committee had been briefed
on the work the Commission had done to find an alternative
placement for the long-term care ombudsman, although it was
unable to identify an acceptable location. As a result, she
said the Commission took steps to clarify the reporting
relationship of the long-term ombudsman with the
commissioner and the department to eliminate any potential
conflicts she and others in the department who also serve
on the Commission might have.
Ms. Elgee added that if an acceptable outplacement position
were identified, the Commission would not object to the
change.
Ms. Elgee spoke of the efforts of the Commission to change
the bylaws to remove the commissioner from the reporting
process. She surmised that Senator Green's second option of
having the long-term care ombudsman report directly to the
commissioner would undermine these efforts to avoid the
conflict of interest.
Senator Wilken shared Senator Green's desire to eliminate
the conflicts of having the long-term care ombudsman under
the supervision of the commissioner, who oversees the same
facilities that are sometimes investigated. He understood
the Commission had established a subcommittee that excluded
any members who may be in conflict.
JANE DEMMERT, Executive Director, Alaska Commission on
Aging explained the Commission's bylaw amendment to
establish a standing, long-term care ombudsman committee
with a provision that excludes any commission member that
has any relationship whatsoever to the pioneer homes. She
stated that the subcommittee and the ombudsman have an on-
going relationship and that the subcommittee acts as a
buffer. She felt the Commission already has a workable
strategy in place with this subcommittee, but was open to
improvement.
Senator Wilken talked about the broad representation of the
state with the volunteer members of the Commission. He
shared that the two members from Fairbanks were viewed as
being "in touch" with the senior population in that
community. He suggested giving the subcommittee process a
chance to prove itself before making any changes.
Senator Phillips referred to five recommendations made by
the Division of Legislative Audit it its report on the
Department of Administration Alaska Commission on Aging
[Audit Control Number 02-1462-99, Copy on file,] and asked
which had been completed.
Ms. Demmert described the basic premise behind the
recommendations that there were specific assurances that
needed to be required of the Commission's grantees. She
stated that those were established and in place at the
start of the current fiscal year in which the grants were
awarded.
Senator Phillips asked the witness to list each
recommendation and state whether or not it was implemented.
Ms. Demmert began saying the first recommendation pertained
to the organizational considerations and was addressed by
the aforementioned subcommittee bylaw.
Ms. Demmert said the second, third and fifth
recommendations referred to the development of a cost
allocation plan and were in the final stages and would be
forwarded to the Department of Health and Social Services
within the month.
Monitoring of sub-recipients to ensure that federal funding
was appropriately spent was the fourth recommendation and
Ms. Demmert said that was in place.
Ms. Demmert assured Senator Phillips that the Commission
was tracking the progress of the recommendations.
Senator Green asked if the Commission appointed members to
the standing committee and was told it did.
When asked by Senator Green if the Commission could replace
members of the standing subcommittee or if it could change
the bylaws, Ms. Demmert answered the Commission had the
authority to do both.
Senator Green then asked about the oversight provisions
between the standing committee and the long-term care
ombudsman.
Ms. Demmert replied that the directive of the standing
committee was to provide oversight and guidance, advice
regarding the annual workplan and an annual report focusing
on the proposed cooperative agreements with state and local
agencies and to provide support around the development of a
volunteer cadre. She added that the committee would also
review and advise the full Commission with regard to a
budget for the long-term care ombudsman and make that
request on behalf of the ombudsman to the full Commission.
Senator Green's real concern was not that the Alaska
Commission on Aging would involve itself directly but she
wanted the assurance that when the ombudsman begins an
investigation, the process is unfettered and without
pressure from the Commission. If so, then she deemed this
system acceptable.
Ms. Demmert stressed the current plan has that assurance
and would be respected.
Amendment #1: This amendment changes the bill to add the
following language:
Page 1, line 1, following ";":
Insert "transferring the office of the long-term
care ombudsman from the Alaska Commission on Aging to
the legislative branch;"
Insert a new bill section to read:
"Sec.__ AS 24 is amended by adding a new chapter to
read:
Chapter 57. Office of the Long-Term Care
Ombudsman.
Sec. 24.57.010. Office of the long-term care
ombudsman. There is created in the legislative branch
of the state the office of the long-term care
ombudsman.
Sec. 24.57.020. Appointment of the long-term care
ombudsman. (a) A candidate for appointment as the long-
term care ombudsman shall be nominated by the long-term
care ombudsman selection committee composed of three
members of the senate appointed by the president of the
senate and three members of the house of
representatives appointed by the speaker of the house.
One member of a minority party caucus in each house
shall be appointed to the selection committee.
(b) The long-term care ombudsman selection
committee shall examine persons to serve as long-term
care ombudsman regarding their qualifications and
ability and shall place the name of the person selected
in nomination. The appointment is effective if the
nomination is approved by a roll call vote of two-
thirds of the members of the legislature in joint
session and approved by the governor. However, the
governor may veto the appointment and return it, with a
statement of objections, to the legislature. Upon
receipt of a veto message, the legislature shall meet
immediately in joint session and reconsider approval of
the vetoed appointment. The vetoed appointment becomes
effective by an affirmative vote of two-thirds of the
membership of the legislature in joint session. The
vote on the appointment and on reconsideration of a
vetoed appointment shall be entered in the journals of
both houses.
(c) The appointment of the long-term care
ombudsman becomes effective if, while the legislature
is in session, the governor neither approves nor vetoes
it within 15 days, Sundays excepted, after its delivery
to the governor. If the legislature is not in session
and the governor neither approves nor vetoes the
appointment within 20 days, Sundays excepted, after its
delivery to the governor, the appointment becomes
effective.
Sec. 24.57.030. Term; removal. (a) The term of
office of the long-term care ombudsman is five years.
An incumbent may be reappointed but may not serve for
more than three terms. If the term of a long-term care
ombudsman expires without the appointment of a
successor under this chapter, the incumbent continues
in office until a successor is appointed. If the long-
term care ombudsman dies, resigns, becomes ineligible
to serve, or is removed or suspended from office, the
person appointed as acting long-term care ombudsman
under AS 24.57.040 serves until a new long-term care
ombudsman is appointed for a full term.
(b) The legislature, by a concurrent resolution
adopted by a roll call vote of two-thirds of the
members in each house entered in the journal, may
remove or suspend the long-term care ombudsman from
office, but only for neglect of duty, misconduct, or
disability.
Sec. 24.57.040. Staff; employment policies. (a)
The long-term care ombudsman shall appoint a person to
serve as acting long-term care ombudsman in the
absence of the long-term care ombudsman. The long-term
care ombudsman shall also appoint assistants and
clerical personnel necessary to carry out this chapter.
(b) The long-term care ombudsman is a full-time
position in the exempt service under AS 39.25.110, and
neither the long-term care ombudsman nor the staff of
the office of the long-term care ombudsman is subject
to the employment policies under AS 24.10 or AS 24.20.
Sec. 24.57.050. Financial interests. Neither the
long-term care ombudsman nor the staff of the office of
the long-term care ombudsman may have a financial
interest in a long-term care facility in the state
Sec. 24.57.060. Duties and powers of the long-term
care ombudsman. (a) The long-term care ombudsman shall
investigate and resolve a complaint made by or on
behalf of an older Alaskan who resides in a long-term
care facility in the state if the complaint relates to
a decision, action, or failure to act by a provider or
a representative of a provider of long-term care
services, or by a public agency or social services
agency, that may adversely affect the health, safety,
welfare, or rights of the older Alaskan.
(b) The long-term care ombudsman may investigate
and resolve a complaint made by or on behalf of an
older Alaskan relating to the long-term care or
residential circumstances of the older Alaskan.
Complaints under this subsection may relate to any
issue not covered under (a) of this section, including
the older Alaskan's landlord, senior citizen housing, a
public assistance program, a public grant program for
services to older Alaskans, public utilities, health
care facilities, and health care providers.
(c) The long-term care ombudsman may
(1) subpoena witnesses, compel their
attendance, require the production of evidence,
administer oaths, and examine any person under oath in
connection with a complaint described under (a) of this
section; the powers described in this paragraph shall
be enforced by the superior court;
(2) pursue administrative, legal, or other
appropriate remedies on behalf of an older Alaskan who
resides in a long-term care facility in the state.
(d) The long-term care ombudsman shall adopt
regulations under AS 44.62 (Administrative Procedure
Act) to implement this chapter.
Sec. 24.57.070. Training and certification of
staff. (a) The long-term care ombudsman shall hire and
provide for the training and certification of office
staff, including volunteers and other representatives
of the office of the long-term care ombudsman. Training
must include instruction in federal, state, and local
laws and policies relating to long-term care facilities
in the state and in investigative techniques. The long-
term care ombudsman may require other appropriate
training. The long-term care ombudsman may decertify a
person under this section for goad cause in accordance
with regulations adopted by the ombudsman.
(b) An employee, volunteer, or other
representative of the office of the long-term care
ombudsman may not investigate a complaint under AS
24.57.060 unless the person has been certified as
having completed training under (a) of this section and
approved by the long-term care ombudsman as qualified
to investigate the complaint
(c) The employees of the office of the long-term
care ombudsman are in the exempt service under AS
39.25.110.
Sec. 24.57.080. Access to long-term care
facilities, older Alaskans, and records. (a) A person
may not deny access to a long-term care facility or to
an older Alaskan by the long-term care ombudsman or an
employee, volunteer, or other representative of the
office of the long-term care ombudsman.
(b) Notwithstanding the provisions of AS
24.57.060(c)(l), the long-term care ombudsman may
obtain medical or other records of an older Alaskan who
resides in a long-term care facility in the state only
with the consent of the older Alaskan or the older
Alaskan's legal guardian or, if the older Alaskan is
unable or incompetent to consent and does not have a
legal guardian, only with a court order.
Sec. 24.57.090. Confidentiality. (a) Records
obtained or maintained by the long-term care ombudsman
are confidential, are not subject to inspection or
copying under AS 09.25.110 - 09.25.120, and, except as
provided in (b) of this section, may be disclosed only
at the discretion of the long-term care ombudsman.
(b) The identity of a complainant or an older
Alaskan on whose behalf a complaint is made may not be
disclosed without the consent of the identified person
or the person's legal guardian, unless required by
court order.
Sec. 24.57.100. Immunity from liability. (a) A
person who, in good faith, makes a complaint
described in AS 24.57.060 is immune from civil or
criminal liability that might otherwise exist for
making the complaint
(b) The long-term care ombudsman, or an employee,
volunteer, or other representative of the office of the
long-term care ombudsman, is immune from civil or
criminal liability for the good faith performance of
official duties.
Sec. 24.57.110. Interference with the long-term
care ombudsman and retaliation prohibited. (a) A person
may not intentionally interfere with the long-term care
ombudsman, or an employee, volunteer, or representative
of the office of the long-term care ombudsman, in the
performance of official duties under AS 24.57.060.
(b) If a. person makes a good faith complaint
described in AS 24.57.060, an employer or supervisor
of the person, or a public or private agency or entity
that provides benefits, services, or housing to the
person, may not discharge, demote, or transfer, reduce
the pay or benefits or work privileges of, prepare a
negative work performance evaluation of, deny or
withhold benefits or services, evict, or take other
detrimental action against the person because of the
complaint. The person making the complaint may bring a
civil action for compensatory and punitive damages
against an employer, supervisor, agency, Or entity
that violates this subsection. In the civil action,
there is a rebuttable presumption that the detrimental
action was retaliatory if it was taken within 90 days
after the complaint was made.
(c) A person who intentionally violates this
section is guilty of a class B misdemeanor.
Sec. 24.57.120. Legal counsel for the long-term
care ombudsman. (a) Except as provided in (b) of this
section, the Legislative Affairs Agency shall provide
legal services, including advice and representation, in
connection with any matter relating to the powers,
duties, and operation of the office of the long-term
care ombudsman, and in any legal action brought against
the long-term care ombudsman or an employee, volunteer,
or other representative of the office of the long-term
care ombudsman. If the Legislative Affairs Agency
cannot provide legal advice or representation because
of a conflict of interest or because of the limitation
in (b) of this section, the long-term care ombudsman
may employ private legal counsel.
(b) The Legislative Affairs Agency may not provide
legal services to the office of the long-term care
ombudsman in connection with the office's power under
AS 24.57.060(c)(2).
Sec. 24.57.200. Definitions. In this chapter,
(1) "long-term care facility" means an
assisted living home that is required to be licensed
under AS 47.33 and a nursing home as defined in AS
08.70.180;
(2) "older Alaskan" means a resident who is
60 years of age or older;
(3) "senior citizen housing" has the meaning
given "senior housing" in AS 18.56.799."
Renumber the following bill sections accordingly.
Insert new bill sections to read:
"Sec.__. AS 24.60.176(b) is amended to read:
(b) In this section, "appointing authority" means
(1) the legislative council for employees of
the Legislative Affairs Agency and of the legislative
council and for legislative employees not otherwise
covered under this subsection;
(2) the Legislative Budget and Audit
Committee for the legislative fiscal analyst and
employees of the division of legislative finance, the
legislative auditor and employees of the division of
legislative audit, and employees of the Legislative
Budget and Audit Committee;
(3) the appropriate finance committee for
employees of the senate or house finance committees;
(4) the appropriate rules committee for
employees of
(A) standing committees of the
legislature, other than the finance committees;
(B) the senate secretary's office and
the office of the chief clerk of the house of
representatives; and
(C) house records and senate records;
(5) the legislator who made the hiring
decision for employees of individual legislators;
however, the legislator may request the appropriate
rules committee to act in the legislator's stead;
(6) the ombudsman for employees of the office
of the ombudsman, other than the ombudsman, and the
long-term care ombudsman for employees of the office of
the long-term care ombudsman, other than the long-term
care ombudsman;
(7) the legislature for the ombudsman and the
long-term care ombudsman.
Sec.___. AS 24.60.250(c) is amended to read:
(c) In addition to the sanctions described in AS
24.60.260, if the Alaska Public Offices Commission
finds that a legislative director has failed or refused
to file a report under AS 24.60.200 by a deadline
established in AS 24.60.210, it shall notify the Alaska
Legislative Council or the Legislative Budget and Audit
Committee, as appropriate. For the ombudsman and the
long-term ombudsman, the Alaska Legislative Council
shall be notified.
Sec.__. AS 24.60.990(a)(9) is amended to read:
(9) "legislative director" means the director of
the legislative finance division, the legislative
auditor, the director of the legislative research
agency, the ombudsman, the long-term care ombudsman,
the executive director of the Legislative Affairs
Agency, and the directors of the divisions within the
Legislative Affairs Agency;"
Renumber the following bill sections accordingly.
Insert a new bill section to read:
"Sec.__. AS 39.27.O22 (d) is amended to read:
(d) This section applies to employees of the
legislature only if the committee responsible for
adopting employment policies concerning the employee
adopts a written policy that the section applies. This
section applies to the employees of the office of the
ombudsman only if the ombudsman adopts a policy that
the section applies. This section applies to the
employees of the office of the long-term care ombudsman
only if the long-term care ombudsman adopts a policy
that the section applies."
Renumber the following bill sections accordingly.
Insert a new bill section to read:
"Sec.__. AS 39.90.140(3) is amended to read:
(3) "matter of public concern" means
(A) a violation of a state, federal, or
municipal law, regulation, or ordinance;
(B) a danger to public health or safety;
(C) gross mismanagement, a substantial
waste of funds, or a clear abuse of authority;
[OR]
(D) a matter accepted for investigation
by the office of the long-term care ombudsman
under AS 24.55.100 or 24.55.320; or
(E) a matter accepted for investigation by
the office of the long-term care ombudsman under
AS 2437.060 (a);"
Renumber the following bill sections accordingly.
Insert a new bill section to read:
"Sec.__. AS 44.2l.230(c) is amended to read:
(c) The commission may not investigate, review, or
undertake any responsibility for the longevity bonus
program under AS 47.55 or [,EXCEPT FOR ACTIVITIES OF
THE OFFICE OF THE LONG TERM CARE OMBUDSMAN,] the Alaska
Pioneers' Homes under AS 47.55."
Renumber the following bill sections accordingly.
Insert a new bill section to read:
"Sec.__. AS 44.62.040(c) is amended to read:
(c) Before submitting the regulations and orders
of repeal to the lieutenant governor under (a) of this
section, every state agency that by statute possesses
regulation making authority, except boards and
commissions, [AND] the office of the ombudsman, and
the office of the long-term care ombudsman, shall
submit to the governor for review a copy of every
regulation or order of repeal adopted by the agency,
except regulations and orders of repeal identified in
(a)(l) - (2) of this section. The governor may review
the regulations and orders of repeal received under
this subsection. The governor may return the
regulations and orders of repeal to the adopting
agency before they are submitted to the lieutenant
governor for filing under (a) of this section [,] (1)
if they are inconsistent with the faithful execution
of the laws, or (2) to enable the adopting agency to
respond to specific issues raised by the
Administrative Regulation Review Committee. The
governor may not delegate the governor's review
authority under this subsection to a person other than
the lieutenant governor."
Renumber the following bill sections accordingly.
Insert new bill sections to read:
"Sec.__. AS 44.66.050(a) is amended to read:
(a) Before the termination, dissolution,
continuation, or reestablishment of a board or
commission under AS 08.03.010 or AS 44.66.010, or of an
agency program under AS 44.66.020 and 44.66.030, a
committee of reference of each house, which shall be
the standing committee of legislative jurisdiction as
provided in the Uniform Rules of the Alaska State
Legislature, shall hold one or more hearings to receive
testimony from the public, the commissioner of the
department having administrative responsibility for
each named board, commission, or agency program, and
the members of the board or commission involved. The
hearings may be joint hearings. The committee shall
also consider the proposed budget of the board,
commission, or agency program, prepared in accordance
with AS 37.07.050(f), and the performance audit of the
activities of the board, commission, or agency program,
prepared by the legislative audit division as
prescribed in AS 24.20.271(1). The committee may
consider any other report of the activities of the
board, commission or program, including but not limited
to annual reports, summaries prepared by the
Legislative Affairs Agency, and any evaluation or
general report of the manner of conduct of activities
of the board, commission, or agency program prepared by
the office of the ombudsman or by the office of the
long-term care ombudsman.
Sec.__. AS 44.66.050(c) is amended to read:
(c) A determination as to whether a board, [OR]
commission, or agency program has demonstrated a public
need for its continued existence must take into
consideration the following factors:
(1) the extent to which the board,
commission, or program has operated in the public
interest;
(2) the extent to which the operation of the
board, commission, or agency program has been impeded
or enhanced by existing statutes, procedures, and
practices that it has adopted, and any other manor,
including budgetary, resource, and personnel matters;
(3) the extent to which the board,
commission, or agency has recommended statutory
changes that are generally of benefit to the
public interest;
(4) the extent to which the board,
commission, or agency has encouraged interested persons
to report to it concerning the effect of its
regulations and decisions on the effectiveness of
service, economy of service, and availability of
service that it has provided;
(5) the extent to which the board,
commission, or agency has encouraged public
participation in the making of its regulations and
decisions;
(6) the efficiency with which public
inquiries or complaints regarding the activities of the
board, commission, or agency filed with it, with the
department to which a board or commission is
administratively assigned, [OR] with the office of the
ombudsman, or with the long-term care ombudsman have
been processed and resolved;
(7) the extent to which a board or commission
that regulates entry into an occupation or profession
has presented qualified applicants to serve the public;
(8) the extent to which state personnel
practices, including affirmative action requirements,
have been complied with by the board, commission, or
agency to its own activities and the area of activity
or interest; and
(9) the extent to which statutory,
regulatory, budgeting, or other changes are necessary
to enable the agency, board, or commission to better
serve the interests of the public and to comply with
the factors enumerated in this subsection."
Renumber the following bill sections accordingly.
Insert a new bill section to read:
"Sec.__. AS 44.99.240(2) is amended to read:
(2) "state agency" means
(A) a department, institution, board,
commission, division, authority, public
corporation, or other administrative unit of the
executive branch, including the University of
Alaska and the Alaska Railroad Corporation;
(B) a committee, division, or
administrative unit of the legislative branch,
including the Alaska Legislative Council, the
leadership of each house, [AND] the office of the
ombudsman, and the office of the long-term care
ombudsman;
(C) an administrative unit of the
judicial branch, including the Alaska Judicial
Council and the Commission on Judicial Conduct."
Renumber the following bill sections accordingly.
Insert new bill sections to read:
"Sec.__. AS 47.24.010(f) is amended to read:
(f) A person listed in (a) of this section who
reports to the long-term [LONG TERM] care ombudsman
under AS24.57.060 [AS 44.21.232], or to the Department
of Health and Social Services, that a vulnerable adult
has been exploited, abused, or neglected in an out-of-
home care facility is considered to have met the duty
to report under (a) of this section.
"Sec.__. AS 47.24.013(a) is amended to read:
(a) If a report received under AS 47.24.010
regards the abandonment, exploitation, abuse, neglect,
or self-neglect of a vulnerable adult who is 60 years
of age or older that is alleged to have been committed
by or to have resulted from the negligence of the staff
or a volunteer of an out-of-home care facility,
including a facility licensed under AS 18.20, in which
the vulnerable adult resides, and, if the Department of
Health and Social Services licenses that type of
facility, the Department of Administration shall
transfer the report for investigation to the long-term
[LONG TERM] care ombudsman under AS 24.57.060 [AS
44.21.232] and the Department of Health and Social
Services.
"Sec.__. AS 47.24.013(c) is amended to read
(c) Upon receipt of a report from the department
under (a) or (b) of this section, the long-term [LONG
TERM] care ombudsman and the Department of Health and
Social Services shall
(1) conduct an investigation as appropriate
under AS 24.57.060 [AS 44.21.232] or this title,
respectively;
(2) coordinate and cooperate in their
responses to and investigations of the report if their
jurisdictions overlap;
(3) provide the results of their actions or
investigations to the central information and referral
service of the department within 60 days after the
receipt of the report."
Renumber the following bill sections accordingly.
Insert a new bill section to read:
"Sec.__. AS 47.33.310(b) is amended to read:
(b) An assisted living home shall post in a
prominent place in the home
(1) a copy of the rights set out in AS
47.33.300;
(2) the name, address, and phone number of
the long-term [LONG TERM] care ombudsman appointed
[HIRED] under AS 24.57.020 [AS 44.21.231] and, if
relevant to residents, of the advocacy agency for
persons with a developmental disability or mental
illness;
(3) the telephone number of an information or
referral service for vulnerable adults; and
(4) a copy of the grievance procedure
established under AS 47.33.340."
Renumber the following bill sections accordingly.
Insert new bill sections to read:
"Sec.__. REPEALER. AS 44.21.231, 44.21.232, 44.21.233,
44.21.234, 44.21.235, 44.21.236, 44.21.237, 44.21.238,
44.21.239, 44.21.240(2), 44.21.240(3), 44.21.240(4),
and 44.21.240(5) are repealed.
Sec.__. TRANSITIONAL PROVISION FOR PAY LEVELS. (a)
Notwithstanding other provisions of this Act, if the
person serving in the position of long-term care
ombudsman under AS 44.21.231 on the day before tile
effective date of this Act is appointed as the first
long-term care ombudsman under AS 24.37, added by this
Act, that person shall be compensated under AS 24.57
at the same salary level at which the person was
compensated on the day before the effective date of
this Act.
(b) Notwithstanding other provisions of this Act,
if a person serving as an employee in the office of the
long-term care ombudsman under AS 44.21.231 - 44.21.240
on the day before the effective date of this Act is
retained to serve as an employee with the same duties
under the first long-term care ombudsman appointed
under AS 24.57, added by this Act, that person shall be
compensated under AS 24.57 at the same salary level at
which the person was compensated on the day before the
effective date of this Act."
Renumber the following bill sections accordingly.
Senator Green moved for adoption and Senator Leman
objected.
Senator Green explained that this amendment places the
long-term care ombudsman in the legislative branch and
gives a deeper separation from the funding responsibilities
and authority of the Department of Administration. She felt
the long-term care ombudsman would have autonomy within the
legislative branch.
Senator Phillips noted the provisions appeared to be
similar to those for the state ombudsman.
Senator Green assumed the provisions were identical.
However, she stressed the long-term care ombudsman
advocates for senior citizens, in addition to the
investigative duties as charged to the state ombudsman.
Senator Wilken stated he would support the amendment only
if it were a last resort measure. He expressed that he
hoped this amendment would be set aside.
Senator Green WITHDREW her motion but stressed that she
would follow the long-term care ombudsman closely to ensure
no conflicts arose.
Senator Wilken stressed that the entire Committee would
follow this matter closely.
Senator Wilken offered a motion to move from Committee SB
204, 1-LS8002\A with individual recommendations, four zero
fiscal notes from the Division of Senior Services,
Department of Administration, and a forthcoming $976
million fiscal note from the Protection, Community Services
and Administration component of the Division of Senior
Services, Department of Administration. Without objection,
the bill MOVED FROM COMMITTEE.
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