Legislature(2007 - 2008)BELTZ 211

04/16/2007 01:30 PM Senate HEALTH, EDUCATION & SOCIAL SERVICES


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Audio Topic
01:43:29 PM Start
01:46:47 PM SB28
02:26:47 PM Overview: Sound Families Initiative
03:00:21 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Location Change --
+= SB 28 LIMIT OVERTIME FOR REGISTERED NURSES TELECONFERENCED
Moved CSSB 28(HES) Out of Committee
+ Presentation: Sound Families Initiative TELECONFERENCED
          SB  28-LIMIT OVERTIME FOR REGISTERED NURSES                                                                       
                                                                                                                                
CHAIR DAVIS announced SB 28 to be under consideration.                                                                          
                                                                                                                                
1:46:47 PM                                                                                                                    
                                                                                                                                
RAY SOUTHWELL,  representing himself, said  that SB 28  is needed                                                               
to make  hospitals do  the right  thing is  terms of  not forcing                                                               
overtime.  He  referenced  several  studies  regarding  the  high                                                               
numbers of deaths caused by  medical error, and said that patient                                                               
safety  is an  important issue  in the  medical field.  He talked                                                               
about  his  work  history  and   personal  experience  with  work                                                               
fatigue, and said  that hospitals refuse to  discuss the problem;                                                               
legislation  will   force  this  discussion  and   will  help  to                                                               
recognize the issue.                                                                                                            
                                                                                                                                
SENATOR DYSON asked  why nurses don't look for  better jobs, when                                                               
they're in such demand.                                                                                                         
                                                                                                                                
1:51:51 PM                                                                                                                    
                                                                                                                                
MR.  SOUTHWELL  replied  that  some  nurses  do  that,  and  such                                                               
preferable hospitals  are referred to as  "magnet hospitals", but                                                               
they are  sometimes hard to  find. There are often  waiting lists                                                               
at these hospitals for nurses who wait to work there.                                                                           
                                                                                                                                
1:53:28 PM                                                                                                                    
                                                                                                                                
SENATOR DYSON said that some  nurses do prefer longer shifts, and                                                               
asked if shifts over eight hours should be outlawed.                                                                            
                                                                                                                                
MR. SOUTHWELL  said that  each individual  nurse has  a preferred                                                               
schedule,  and  not everyone  gets  fatigued  at the  same  time.                                                               
Shifts  longer   than  eight   hours  shouldn't   necessarily  be                                                               
outlawed.                                                                                                                       
                                                                                                                                
SENATOR DYSON  asked if each nurse  should be able to  give their                                                               
own parameters for shift length.                                                                                                
                                                                                                                                
MR.  SOUTHWELL  said  that  that  shouldn't  necessarily  happen;                                                               
nurses need a regular schedule.                                                                                                 
                                                                                                                                
SENATOR COWDERY  asked if there  could be any alternative  to the                                                               
bill, and if a union could negotiate the issue.                                                                                 
                                                                                                                                
1:56:53 PM                                                                                                                    
                                                                                                                                
MR. SOUTHWELL  said that  the issue  has been  previously brought                                                               
up, and  money was given  to nurses  rather than a  real solution                                                               
being offered. Striking isn't a popular option for most nurses.                                                                 
                                                                                                                                
There being  no further public  testimony, Chair Davis  asked her                                                               
aide to present the bill before committee.                                                                                      
                                                                                                                                
1:58:49 PM                                                                                                                    
                                                                                                                                
TOM OBERMEYER, aide  to Chair Davis, sponsor of SB  28, said that                                                               
the bill is  primarily a patient safety  issue. Additionally, the                                                               
nursing  shortage  wouldn't be  such  a  problem if  unreasonable                                                               
hours didn't  force nurses  out of  the profession.  He explained                                                               
how the bill  would allow nurses to be able  to gain control over                                                               
their work lives.  He said that there was  a committee substitute                                                               
available for the bill, and cited several small changes.                                                                        
                                                                                                                                
SENATOR  THOMAS said  that  the  12-hour shift  seems  to be  the                                                               
easiest length to manage.                                                                                                       
                                                                                                                                
2:01:47 PM                                                                                                                    
                                                                                                                                
MR.  OBERMEYER   said  that  the  12-hour   shift  was  initially                                                               
integrated due  to nursing shortages;  now, required  sign-up for                                                               
on-call on top of these  shifts means incredible long work-weeks.                                                               
There is overtime in all  areas of hospitals, including intensive                                                               
and emergency care, that leads  to medical mistakes and resulting                                                               
death and litigation.                                                                                                           
                                                                                                                                
SENATOR THOMAS said that using 8-,  10-, or 12-hour shifts is the                                                               
easiest ways to divide shifts,  and in his opinion 12-hour shifts                                                               
are the simplest for nursing.                                                                                                   
                                                                                                                                
MR.  OBERMEYER said  that a  nurse  told him  that if  additional                                                               
nurses  were available  to  spread work  time  out over,  12-hour                                                               
shifts wouldn't be  an issue. Some nurses don't  even take breaks                                                               
during their long shifts because there's no one to cover them.                                                                  
                                                                                                                                
SENATOR  THOMAS  asked  what  the   response  from  the  hospital                                                               
association is to the idea of hiring more staff.                                                                                
                                                                                                                                
2:07:42 PM                                                                                                                    
                                                                                                                                
MR. OBERMEYER said that the  Fair Labor Standards Act, enacted in                                                               
1938,   prevents  overworking   of  individuals   and  encourages                                                               
adequate employment. The shortage  is self-created because nurses                                                               
often are driven out of the profession.                                                                                         
                                                                                                                                
2:09:19 PM                                                                                                                    
                                                                                                                                
ROD BEATTY, President  of Alaska State Hospital  and Nursing Home                                                               
Association (ASHNHA), explained how  overtime works in the state,                                                               
and  said  that  nurse  scheduling   is  done  without  requiring                                                               
mandatory overtime; temporary  nurses are used to  fill the gaps.                                                               
There  isn't  information  that supports  some  of  the  negative                                                               
comments made about hospitals and overtime in the meeting.                                                                      
                                                                                                                                
SENATOR DYSON asked for the definition of mandatory overtime.                                                                   
                                                                                                                                
MR. BEATTY  said that  that's time  worked that's  not scheduled,                                                               
against a nurse's wishes.                                                                                                       
                                                                                                                                
SENATOR DYSON asked what happens if a nurse refuses to do so.                                                                   
                                                                                                                                
2:11:49 PM                                                                                                                    
                                                                                                                                
MR. BEATTY replied that there  are rules that protect nurses from                                                               
such  situations in  bargaining  agreements;  Alaska doesn't  use                                                               
mandatory overtime.                                                                                                             
                                                                                                                                
SENATOR  DYSON  said  that many  nurses  would  stay  voluntarily                                                               
overtime to  help people, but  it seems strange that  there would                                                               
be any  repercussions for  an employee who's  asked to  stay over                                                               
and refuses.                                                                                                                    
                                                                                                                                
2:13:11 PM                                                                                                                    
                                                                                                                                
MR. BEATTY  said that many  hospitals have varied shifts,  and so                                                               
nurses can be flexible.                                                                                                         
                                                                                                                                
SENATOR DYSON said that apparently  some nurses can't leave their                                                               
jobs for better ones because they would lose their benefits.                                                                    
                                                                                                                                
MR.  BEATTY replied  that some  people  do get  trapped in  their                                                               
jobs; health care and retirements are often non-transferable.                                                                   
                                                                                                                                
2:14:50 PM                                                                                                                    
                                                                                                                                
SENATOR  ELTON commented  that  many nurses  are  not covered  by                                                               
collective bargaining  agreements, and  referenced a  study about                                                               
work fatigue.                                                                                                                   
                                                                                                                                
MR.  BEATTY  said  that  Alaska's   scheduling  methods  are  not                                                               
inconsistent  with  other states';  hospitals  know  best how  to                                                               
schedule the shifts.                                                                                                            
                                                                                                                                
SENATOR  ELTON asked  if  a caveat  could be  added  to the  bill                                                               
regarding work  hour maximums allowing for  collective bargaining                                                               
agreement adjustments.                                                                                                          
                                                                                                                                
MR. BEATTY said that he couldn't answer that question.                                                                          
                                                                                                                                
2:19:35 PM                                                                                                                    
                                                                                                                                
SENATOR THOMAS said  that there seems to be  little indication of                                                               
mandatory  overtime being  used, yet  he gets  a lot  of comments                                                               
complaining  about it.  He said  that  required documentation  of                                                               
overtime wouldn't be as difficult  as some say; a written comment                                                               
from a nurse would be the only documentation needed.                                                                            
                                                                                                                                
2:18:17 PM                                                                                                                    
                                                                                                                                
MR.  BEATTY  said that  ASHNHA  has  offered to  track  mandatory                                                               
overtime in  the past;  it's a  considerable effort,  and there's                                                               
nothing on the same scale in other states.                                                                                      
                                                                                                                                
CHAIR DAVIS commented  that the committee substitute  (CS) at the                                                               
last  meeting  was  adopted,  and has  not  changed.  The  nurses                                                               
associations have said they're happy  with the bill; there's been                                                               
ample time  to make  changes, and  if they  haven't been  made by                                                               
this  time  then   they'll  have  to  be   addressed  in  another                                                               
committee.  Almost  every  comment  she's received  has  been  in                                                               
support of  the bill.  Many times  nurses don't  feel comfortable                                                               
speaking up for  themselves; her recommendation is  that the bill                                                               
be moved out of committee.                                                                                                      
                                                                                                                                
2:25:28 PM                                                                                                                    
                                                                                                                                
SENATOR  ELTON  moved to  report  CSSB  28(HES), referred  to  as                                                               
Version  K, from  committee with  individual recommendations  and                                                               
accompanying fiscal  notes. There being no  objection, the motion                                                               
carried.                                                                                                                        
                                                                                                                                
CHAIR DAVIS announced a brief at-ease.                                                                                          
                                                                                                                                
              ^OVERVIEW: SOUND FAMILIES INITIATIVE                                                                          
                                                                                                                                
2:26:47 PM                                                                                                                    
CHAIR BETTY DAVIS invited Mr. Jesse to present his overview on                                                                  
the sound families initiative.                                                                                                  
                                                                                                                                
JEFF  JESSE, CEO  for the  Alaska Mental  Health Trust  Authority                                                               
(AMHTA), said  that the  state's relationship  with the  Bill and                                                               
Melinda Gates Foundation (BMGF)  began when the previous governor                                                               
commissioned  a  report  examining homelessness  in  Alaska.  The                                                               
BMFG's  actions in  the Seattle  area  were a  clear example  for                                                               
other states,  and they've since  presented their  strategies for                                                               
addressing  homelessness. He  then  introduced David  Wertheimer,                                                               
with the BMFG.                                                                                                                  
                                                                                                                                
2:29:03 PM                                                                                                                    
                                                                                                                                
DAVID  WERTHEIMER,   Senior  Program   Officer  with   the  BMFG,                                                               
explained that the  foundation looks for ways to  address sets of                                                               
problems and  create partnerships to address  issues from malaria                                                               
in Africa  to homelessness  in Washington. No  one system  on its                                                               
own can  end issues like  family homelessness, so  the foundation                                                               
works with various partners.                                                                                                    
                                                                                                                                
He  explained the  areas of  involvement of  the foundation,  and                                                               
said that the  Sound Families Initiative was launched  in 2000 on                                                               
a  $40  million  investment  with  the  goal  of  creating  1,500                                                               
homeless family housing units. The  goal was to create a cohesive                                                               
system where there  was none; the three levels of  goals were the                                                               
system, organization,  and families. The launch  phase began with                                                               
the  signing  of an  agreement  between  all the  government  and                                                               
housing authority partners.  The foundation's incentives included                                                               
$20,000  per  unit in  capital  expenses  and $1,500  yearly  for                                                               
service costs. While the money  didn't cover all costs, it helped                                                               
leverage other dollars from various donors.                                                                                     
                                                                                                                                
He said that  there were many partners in the  program; the state                                                               
offered tax  credits, housing trust  funds pitched in,  and other                                                               
resources  leveraged  by  the   foundation  reached  almost  $200                                                               
million.  Housing  authorities  also  helped  provide  access  to                                                               
Section  8  allocations  and vouchers.  Also,  the  assurance  of                                                               
guaranteed  capital  funds  led   to  private  housing  landlords                                                               
offering their units for rental.  By 2004, preliminary evaluation                                                               
results showed  housing stability  and movement  towards economic                                                               
self-sufficiency. The model  of the Seattle program  was then co-                                                               
opted for a state-wide effort  which leverages private and public                                                               
funds for housing aide across the state.                                                                                        
                                                                                                                                
2:41:50 PM                                                                                                                    
                                                                                                                                
He cited the historical expenditures  of the program to date, and                                                               
said that  the evaluations  have shown that  many of  the program                                                               
participants remain  dependent on rental assistance,  but the gap                                                               
between their  income and housing  affordability is  closing. The                                                               
families have increased  their incomes and daily  wages, but they                                                               
need to be further helped with workforce development resources.                                                                 
                                                                                                                                
He explained  that the evaluations  are also showing  a decreased                                                               
reliance  on  Temporary  Assistance  for  Needy  Families  (TANF)                                                               
funding, and  the participants have  shown improved  support from                                                               
families and friends and stabilized schooling for children.                                                                     
                                                                                                                                
2:47:47 PM                                                                                                                    
                                                                                                                                
He concluded  by saying that  housing assistance is  important to                                                               
improving many  aspects of life,  and some families  require more                                                               
intensive  services  than  others; oftentimes  homeless  families                                                               
have co-occurring issues like mental  illness and substance abuse                                                               
as  well.  Families  typically need  assistance  to  transfer  to                                                               
market  housing, so  the  program  is looking  into  ways to  aid                                                               
further.  The   program  has  learned  that   case  managers  are                                                               
essential  to  success, and  integrated  care  is essential.  The                                                               
program will  require several  adjustments and  further alignment                                                               
of the involved systems. While  current funding won't necessarily                                                               
be  available  long-term,  up-front,  multi-year  commitments  by                                                               
partners  are  necessary  for  stability   in  the  program.  The                                                               
foundation is currently looking at  how to continue its work with                                                               
homelessness and share its work with others.                                                                                    
                                                                                                                                
2:54:50 PM                                                                                                                    
CHAIR  DAVIS asked  for clarification  on the  people who  didn't                                                               
make it  through the  program, and  asked what  could be  done to                                                               
lower that number.                                                                                                              
                                                                                                                                
MR.  WERTHEIMER  replied that  public  health  systems have  very                                                               
categorized funding,  that doesn't allow for  the possibility co-                                                               
occurring  illnesses.  Many  people  have more  than  one  mental                                                               
health issue, which  often leads to homelessness;  in the absence                                                               
of an  integrated response, they won't  be able to remain  in the                                                               
housing  program. The  initiative didn't  do an  adequate initial                                                               
job of addressing this problem.                                                                                                 
                                                                                                                                
2:58:20 PM                                                                                                                    
                                                                                                                                
CHAIR  DAVIS   said  that  there's   a  high   transient  student                                                               
population in  Alaska, not necessarily  due to  homelessness. She                                                               
asked what the foundation has done in Alaska.                                                                                   
                                                                                                                                
MR.  JESSE  said that  there  was  information available  to  the                                                               
committee  about  a proposed  program  much  like the  Washington                                                               
initiative.                                                                                                                     
                                                                                                                                
CHAIR DAVIS asked how much the  BMGF foundation would give to the                                                               
Alaskan program.                                                                                                                
                                                                                                                                
MR. JESSE  clarified that the  BMGF would not be  contributing to                                                               
the effort in Alaska.                                                                                                           
                                                                                                                                
CHAIR  DAVIS said  that  the  BMGF did  help  with education  and                                                               
libraries  in  Alaska, and  clarified  that  the members  of  the                                                               
committee who left  during the presentation had  already heard it                                                               
earlier that morning.                                                                                                           
                                                                                                                                
There being  no further  business to  come before  the committee,                                                               
she adjourned the meeting at 3:00:21 PM.                                                                                      
                                                                                                                                
                                                                                                                                

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