Legislature(2017 - 2018)BUTROVICH 205

03/14/2018 01:30 PM HEALTH & SOCIAL SERVICES

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 138 MARCH: SOBRIETY AWARENESS MONTH TELECONFERENCED
Moved HB 138 Out of Committee
-- Testimony <Invited and Public> --
Bills Previously Heard/Scheduled:
+= SB 81 DHSS CENT. REGISTRY;LICENSE;BCKGROUND CHK TELECONFERENCED
Heard & Held
      SB 81-DHSS CENT. REGISTRY; LICENSE; BACKGROUND CHECK                                                                  
                                                                                                                                
2:25:26 PM                                                                                                                    
CHAIR   WILSON  reconvened   the   meeting   and  announced   the                                                               
consideration of  SB 81. He  reopened public testimony  and noted                                                               
that  the Department  of Health  and Social  Services (DHSS)  has                                                               
been  working with  the  Department of  Law  and the  Ombudsman's                                                               
Office  to  produce  a committee  substitute.  He  entertained  a                                                               
motion to adopt the work draft.                                                                                                 
                                                                                                                                
2:26:03 PM                                                                                                                    
SENATOR VON  IMHOF moved to  adopt the work  draft CS for  SB 81,                                                               
labeled 30-GS1676\D, as the working document.                                                                                   
                                                                                                                                
2:26:15 PM                                                                                                                    
CHAIR WILSON objected for purposes of discussion.                                                                               
                                                                                                                                
2:26:27 PM                                                                                                                    
STACIE KRALY,  Chief Assistant Attorney General,  Civil Division,                                                               
Human  Services Section,  Department  of  Law, said  SB  81 is  a                                                               
technical  bill  to  make corrections  to  the  background  check                                                               
process used  by DHSS, as well  as to make some  small changes to                                                               
the licensing statutes  found in AS 47.32.  The background checks                                                               
statute  has been  on the  books  for 15  years and  needs a  few                                                               
technical  adjustments. She  reminded  members that  in the  last                                                               
meeting DOL said  it would meet with committee  staff, staff from                                                               
the  other  body,  and  the   Ombudsman's  Office  to  develop  a                                                               
committee  substitute  to  address  the concerns  raised  by  the                                                               
Ombudsman's Office.                                                                                                             
                                                                                                                                
2:27:47 PM                                                                                                                    
MS. KRALY reviewed  the following summary of changes  in CSSB 81,                                                               
version D:                                                                                                                      
                                                                                                                                
     Section  1  contains  the amendment  requested  by  the                                                                    
     Department of  Public Safety to ensure  compliance with                                                                    
     federal  laws  relating  to  the  sharing  of  criminal                                                                    
     history information  with the Department of  Health and                                                                    
     Social Services.                                                                                                           
                                                                                                                                
     Section  2 contains  a technical  fix that  removes the                                                                    
     word  "registry" and  instead  refers  to databases  to                                                                    
     avoid  the concern  raised by  the Ombudsman  regarding                                                                    
     confusion over the term "registry."                                                                                        
                                                                                                                                
     Old  Section 7  was  deleted as  it  was determined  in                                                                    
     consultation  with legislative  legal  the section  was                                                                    
     redundant. It  was determined that keeping  what is now                                                                    
     section 7 in the CS  was sufficient to require relative                                                                    
     placement to have background checks.                                                                                       
                                                                                                                                
     Section  10  is  re-written  to  address  the  concerns                                                                    
     raised  by the  Ombudsman's  office. Specifically,  the                                                                    
     rewrite:                                                                                                                   
        • Removes the confusion caused by using the word                                                                        
          "registry." Similar to Sections 2, 8, 18, and 21,                                                                     
         the change redefines registry to "databases";                                                                          
                                                                                                                                
2:29:28 PM                                                                                                                    
SENATOR MICCICHE asked if this was  an attempt to delete the word                                                               
"registry"  from the  legal  definitions  because certain  groups                                                               
have decided they  are sensitive to that term. He  asked if it is                                                               
a registry  or a database and  if the term "registry"  would ever                                                               
be used again.                                                                                                                  
                                                                                                                                
MS. KRALY said registries still exist  in state law and this bill                                                               
still  has  a registry.  In  this  context,  a registry  was  not                                                               
created. The  reason for  removing the  word "registry"  from the                                                               
bill  is  that  it  indicated  that  the  state  was  creating  a                                                               
registry, which is not the case.  It was renamed  a civil history                                                               
database check  because  it is a more  accurate representation of                                                               
what is happening.                                                                                                              
                                                                                                                                
2:31:12 PM                                                                                                                    
MS. KRALY continued to review the changes to Section 10.                                                                        
                                                                                                                                
        • Clarifies that the department is looking to                                                                           
          evaluate health,  safety, and welfare  issues when                                                                    
          reviewing databases related  to licensed entities,                                                                    
          not  technical  violations  that  may  lead  to  a                                                                    
          nonrenewal,   suspension   or  revocation   of   a                                                                    
          license;                                                                                                              
        • Clarifies that the department is looking to                                                                           
          identify persons whose children  are subjects of a                                                                    
          child in need of aid petition;                                                                                        
        • ?Clarifies that the department is looking to                                                                          
          evaluate health,  safety, and welfare  issues when                                                                    
          reviewing databases related  to licensed providers                                                                    
          (occupational   licensing   under  AS   08),   not                                                                    
          unrelated technical violations;                                                                                       
        • Adds that a person who works for the state  not                                                                      
          just the Department of  Health and Social Services                                                                    
           is  subject to a  barring condition if  they are                                                                    
          terminated  from  employment for  a  substantiated                                                                    
          allegation    of   assaultive,    neglectful,   or                                                                    
          exploitive behavior.                                                                                                  
                                                                                                                                
     Section 12  is amended as requested  by the Ombudsman's                                                                    
     Office  to clarify  persons who  are seeking  variances                                                                    
     have  access  to  information they  need  to  pursue  a                                                                    
     variance.                                                                                                                  
                                                                                                                                
     Section 14 adds a new  section to effectuate the access                                                                    
     of information under AS 47.10 for variance committees.                                                                     
                                                                                                                                
     Section  17 (former  Section 16)  contains a  technical                                                                    
     fix  that  remove the  word  "registry"  that refer  to                                                                    
     databases  to avoid  confusion  as  articulated by  the                                                                    
     Ombudsman.                                                                                                                 
                                                                                                                                
     Section 19  (former Section  18) removes  the qualifier                                                                    
     of "unsupervised" before "volunteer"  as to persons who                                                                    
     can be  investigated. The Department  wants to  be able                                                                    
     to   investigate  any   volunteer     unsupervised  or                                                                    
     otherwise  who has  engaged in abusive, neglectful, or                                                                    
     exploitative  behavior  against  a child  or  adult  in                                                                    
     care.                                                                                                                      
                                                                                                                                
     Sections  20   is  added  to   this  CS  to   amend  AS                                                                    
     47.32.140(d) to remove the  word "registry" and instead                                                                    
     refer to databases  to avoid the concern  raised by the                                                                    
     Ombudsman   regarding    confusion   over    the   term                                                                    
     "registry."                                                                                                                
                                                                                                                                
     Section 22 (former Section 20)  is amended to add a new                                                                    
     subsection to  clarify that  information can  be shared                                                                    
     with  law enforcement  if that  information  is from  a                                                                    
     concurrent investigation.                                                                                                  
                                                                                                                                
2:34:34 PM                                                                                                                    
CHAIR   WILSON  removed   his  objection.   Finding  no   further                                                               
objection, CSSB 81, version D, was adopted.                                                                                     
                                                                                                                                
2:35:17 PM                                                                                                                    
KATE  BURKHART,  Ombudsman,  Alaska   Office  of  the  Ombudsman,                                                               
Legislative Agencies  and Offices, said the  committee substitute                                                               
addresses  the   concerns  of  the   Office  of   the  Ombudsman,                                                               
particularly around  whether a substantiated  report of  harm was                                                               
sufficient cause  for a 10-year  barrier. She was  duly convinced                                                               
of that many  people involved in a substantiated  claim would not                                                               
be part of a  Child in Need of Aid action because  they are not a                                                               
parent.  They would  want to  sweep  those up  in the  background                                                               
check   program.  The   committee   substitute  strengthens   the                                                               
background check  program, which is  a critical component  to the                                                               
child protection system, as well  as those professions that serve                                                               
vulnerable children and adults.                                                                                                 
                                                                                                                                
2:37:07 PM                                                                                                                    
CHAIR WILSON held SB 81 in committee.                                                                                           
                                                                                                                                

Document Name Date/Time Subjects
HB 138 Version D.PDF SHSS 3/14/2018 1:30:00 PM
HB 138
HB 138 Sponsor Statement.pdf SHSS 3/14/2018 1:30:00 PM
HB 138
HB 138 Sectional Analysis .docx SHSS 3/14/2018 1:30:00 PM
HB 138
HB 138 Fiscal Note.pdf SHSS 3/14/2018 1:30:00 PM
HB 138
HB 138 Leg Research Report - Sobriety Awareness Month.pdf SHSS 3/14/2018 1:30:00 PM
HB 138
HB 138 A.S.47.37.010 Uniform Alcoholism and Intoxication Treatment Act.pdf SHSS 3/14/2018 1:30:00 PM
HB 138
HB 138 Economic Costs of Alcohol Abuse in Alaska 2017 Presentation by McDowell.pdf SHSS 3/14/2018 1:30:00 PM
HB 138
HB 138 AFN Resolution.pdf SHSS 3/14/2018 1:30:00 PM
HB 138
HB 138 HCR 18 Sobriety Awareness Month in 2000.pdf SHSS 3/14/2018 1:30:00 PM
HB 138
HCR 18
HB 138 Support - League of Women Voters.pdf SHSS 3/14/2018 1:30:00 PM
HB 138
HB 138 Support Letters 3.13.18.pdf SHSS 3/14/2018 1:30:00 PM
HB 138
HB 138 Youth Substance Abuse Report 2018 McDowell.pdf SHSS 3/14/2018 1:30:00 PM
HB 138
SB0081A.PDF SHSS 3/14/2018 1:30:00 PM
SB 81
SB 81 WORKDRAFT 30-GS1676 vsn D.pdf SHSS 3/14/2018 1:30:00 PM
SB 81
SB081 Governor Transmittal Letter.pdf SHSS 3/14/2018 1:30:00 PM
SB 81
SB081 Sectional.pdf SHSS 3/14/2018 1:30:00 PM
SB 81
SB 81 Fiscal Note - DHSS Health Care Svcs - Residential Licensing.pdf SHSS 3/14/2018 1:30:00 PM
SB 81
Ombudsman Complaint A2013-0776.pdf SHSS 3/14/2018 1:30:00 PM
SB 81
SB 81 Alaska Ombudsman Letter.pdf SHSS 3/14/2018 1:30:00 PM
SB 81
SB081 Supporting Documents - FAQS on DHSS Background Checks.pdf SHSS 3/14/2018 1:30:00 PM
SB 81
SB081 Supporting Documents-Proposed Background Check Process.pdf SHSS 3/14/2018 1:30:00 PM
SB 81
HB162 SB81 - FAQs 050317.pdf SHSS 3/14/2018 1:30:00 PM
HB 162
SB 81
SB81 - Summary of Changes to CS SB 81 v D Feb 21 2018.pdf SHSS 3/14/2018 1:30:00 PM
SB 81
HB 138 Economic Costs of Alcohol Abuse in Alaska 2017 by McDowell.pdf SHSS 3/14/2018 1:30:00 PM
HB 138
HB 138 Economic Costs of Drug Abuse in Alaska 2016 by McDowell.pdf SHSS 3/14/2018 1:30:00 PM
HB 138