Legislature(2015 - 2016)BELTZ 105 (TSBldg)

02/23/2016 01:30 PM Senate LABOR & COMMERCE

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ SB 72 DESIGNATED CAREGIVERS FOR PATIENTS TELECONFERENCED
Heard & Held
+= SB 165 ALCO. BEV. CONT. BOARD; MINORS; ALCOHOL TELECONFERENCED
Heard & Held
+= SB 134 INDIV. INCOME TAX: CREDITS; RETURNS TELECONFERENCED
Scheduled but Not Heard
+ Bills Previously Heard/Scheduled TELECONFERENCED
-- Public Testimony --
            SB 72-DESIGNATED CAREGIVERS FOR PATIENTS                                                                        
                                                                                                                                
1:35:13 PM                                                                                                                    
CHAIR  COSTELLO announced  the consideration  of SB  72. She noted                                                              
this  is   the  first  hearing.   [CSSB  72(HSS)  is   before  the                                                              
committee.]                                                                                                                     
                                                                                                                                
1:35:18 PM                                                                                                                    
SENATOR CATHY  GIESSEL, Alaska  State Legislature,  sponsor  of SB
72, stated that  this legislation is otherwise referred  to as the                                                              
Caregiver,  Advise, Record  and  Enable (CARE)  Act.  It is  about                                                              
enabling,  educating, and  preparing  caregivers to  take care  of                                                              
family  members when  they leave  the  hospital. The  goal of  the                                                              
legislation is to  reduce healthcare costs and  improve the health                                                              
of Alaska's citizens.  She reported that the U.S.  has the highest                                                              
healthcare  costs  in  the  world   and  Alaska  has  the  highest                                                              
healthcare costs in the nation.                                                                                                 
                                                                                                                                
She  stated that  SB  72 seeks  to improve  post-discharge  health                                                              
outcomes  by improving  coordination  with designated  caregivers,                                                              
improving the  training in aftercare,  enabling older  Alaskans to                                                              
stay  safely in  their homes  longer, and  reduce preventable  and                                                              
costly hospital readmissions.                                                                                                   
                                                                                                                                
SENATOR  GIESSEL  highlighted  that   at  any  given  time,  about                                                              
128,000 Alaskans  are providing  some type  of caregiving  service                                                              
and  support   to  a  loved-one,   friend  or  neighbor.   Helping                                                              
caregivers  do this  job  more effectively  is  estimated to  save                                                              
over $1  billion. Lay caregivers  are increasingly being  asked to                                                              
perform  complex  nursing and  medical  tasks such  as  dispensing                                                              
medications, administering  injections, and providing  wound care.                                                              
Oftentimes  they have  had little  or no training.  She related  a                                                              
personal experience.                                                                                                            
                                                                                                                                
SENATOR  GIESSEL  explained  that   SB  72  is  designed  to  help                                                              
individuals  learn to provide  appropriate care  so a  patient can                                                              
go  home from  the hospital  earlier  and not  be readmitted.  She                                                              
noted the maps  in the packet and  related that when the  bill was                                                              
introduced  last  year  there  were  only  five  states  that  had                                                              
approved  the CARE  Act,  whereas today  an  additional 14  states                                                              
have passed similar legislation.                                                                                                
                                                                                                                                
She deferred further comment to her Intern, Emmie Van Wyhn.                                                                     
                                                                                                                                
1:38:34 PM                                                                                                                    
EMMIE VAN  WYHN, Student Intern,  Senator Cathy Giessel,  directed                                                              
attention  to  the  U.S.  map in  the  packets  to  highlight  the                                                              
significant  number   of  states   that  have  passed   designated                                                              
caregiver  legislation in  the past  year and  many more that  are                                                              
considering similar  legislation. She listed the  four things that                                                              
SB 72  will do: 1)  ensure patients are  given the  opportunity to                                                              
name  a   caregiver  to   provide  aftercare  following   hospital                                                              
discharge; 2) ensure  the designated caregiver is  notified of the                                                              
patient's discharge  or transfer  to another  facility as  soon as                                                              
practicable;  3) the hospital  shall consult  with the  designated                                                              
caregiver and offer  training for after medical  and nursing tasks                                                              
prior  to  discharge;  and  4) ensure  that  hospitals  adopt  and                                                              
maintain written discharge policies.                                                                                            
                                                                                                                                
1:39:52 PM                                                                                                                    
SENATOR GIESSEL  informed the  committee that  since the  bill was                                                              
introduced  last  year,  the  Alaska  Hospital  and  Nursing  Home                                                              
Association,  AARP Alaska,  and  her office  have collaborated  to                                                              
improve  the bill.  To this end,  a committee  substitute  (CS) is                                                              
forthcoming.                                                                                                                    
                                                                                                                                
CHAIR  COSTELLO  clarified  for  the  listening  public  that  the                                                              
committee would  work with  the sponsor to  introduce the CS  at a                                                              
future meeting.                                                                                                                 
                                                                                                                                
SENATOR MEYER questioned which version was before the committee.                                                                
                                                                                                                                
1:41:09 PM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
1:42:45 PM                                                                                                                    
CHAIR COSTELLO reconvened  the hearing and welcomed  Ms. Etheridge                                                              
to provide  comment and  the administration's  perspective  of the                                                              
legislation.                                                                                                                    
                                                                                                                                
1:43:07 PM                                                                                                                    
DEB   ETHERIDGE,  Deputy   Director,   Division   of  Senior   and                                                              
Disabilities  Services,  testified  on  SB  72  stating  that  the                                                              
department  views better  post-hospital care  in a patient's  home                                                              
as a positive.                                                                                                                  
                                                                                                                                
CHAIR   COSTELLO  asked   if  the   administration  supports   the                                                              
legislation.                                                                                                                    
                                                                                                                                
MS. ETHERIDGE answered yes.                                                                                                     
                                                                                                                                
CHAIR  COSTELLO   asked  if  the  legislation  would   change  the                                                              
questions  the  hospital  asks   a  patient  prior  to  discharge,                                                              
because  hospitals  generally  only  ask  patients  if  they  have                                                              
family to provide aftercare.                                                                                                    
                                                                                                                                
MS.  ETHERIDGE replied  SB  72 allows  a  patient  to designate  a                                                              
person who may or may not be a family member.                                                                                   
                                                                                                                                
SENATOR  MEYER asked  how anyone  would  know whether  or not  the                                                              
caregiver was providing the appropriate care.                                                                                   
                                                                                                                                
MS. ETHERIDGE answered  that the bill requires the  hospital to do                                                              
education and training of the designated caregiver.                                                                             
                                                                                                                                
SENATOR  MEYER asked  if  the legislation  allows  the patient  to                                                              
designate the caregiver.                                                                                                        
                                                                                                                                
MS.  ETHERIDGE  confirmed that  was  correct  and added  that  the                                                              
patient also can choose not to designate a caregiver.                                                                           
                                                                                                                                
SENATOR  MEYER  asked  if  the hospital  is  responsible  for  the                                                              
quality of care when the patient has designated the caregiver.                                                                  
                                                                                                                                
MS. ETHERIDGE  offered her understanding  that the  bill clarifies                                                              
that the new sections  in AS 18.20 may not be  construed to create                                                              
a right of action against the hospital.                                                                                         
                                                                                                                                
1:46:06 PM                                                                                                                    
SENATOR STEVENS joined the committee.                                                                                           
                                                                                                                                
CHAIR COSTELLO asked how this would affect a power of attorney.                                                                 
                                                                                                                                
MS. ETHERIDGE explained  that someone with a power  of attorney is                                                              
not required to  provide actual care and doesn't  necessarily have                                                              
medical authority for that person.                                                                                              
                                                                                                                                
1:46:37 PM                                                                                                                    
CHAIR COSTELLO opened public testimony.                                                                                         
                                                                                                                                
1:46:54 PM                                                                                                                    
AMANDA   MCCORMICK,  representing   herself,  Anchorage,   Alaska,                                                              
testified in support  of SB 72. She shared a story  about a tenant                                                              
with  a  mental  disability  who entered  the  hospital  for  knee                                                              
replacement   surgery.  The   attending   physician  assured   Ms.                                                              
McCormick that  she would be  notified when  Nora was ready  to be                                                              
released  from the hospital  so she  could pick  her up,  but that                                                              
didn't happen.  Instead, Nora  was put  on a city  bus to  go home                                                              
with  her husband  who also  has  a mental  disability. Nora  died                                                              
that night  and it  was completely  unnecessary.  She said  she is                                                              
testifying as a voice for Nora and others in similar situations.                                                                
                                                                                                                                
1:50:13 PM                                                                                                                    
KEN  HELANDER,  Advocacy  Director,   AARP  Alaska,  testified  in                                                              
strong support  of SB  72. He stated  that family caregivers  have                                                              
traditionally   provided   assistance  with   bathing,   dressing,                                                              
eating, and  household tasks. These  tasks remain critical  to the                                                              
wellbeing of  care recipients,  but the  role of family  caregiver                                                              
has expanded rapidly to include medical and nursing tasks.                                                                      
                                                                                                                                
The AARP Public  Policy Institute and the United  Hospital Fund in                                                              
2012 documented  this major  shift in a  national survey  of 1,677                                                              
caregivers that  asked what medical  and nursing  tasks caregivers                                                              
were  performing.  Additionally,   a  report  titled  Home  Alone:                                                              
Family  Caregivers  Providing  Complex  Chronic  Care  highlighted                                                              
that 46  percent performed medical  and nursing tasks  for persons                                                              
with  multiple  chronic,  physical and  cognitive  conditions;  78                                                              
percent managed  medications, including administering  intravenous                                                              
fluids and injections;  more than 33 percent wanted  more training                                                              
in wound  care; most  felt they were  helping their  family member                                                              
avoid an  institution; and most  reported they received  little or                                                              
no instruction to perform the tasks.                                                                                            
                                                                                                                                
MR. HELANDER described  an AARP survey of 800 Alaskans  age 45 and                                                              
over that asked  about their experiences in caregiving.  Among the                                                              
findings: 56 percent  identified themselves as being  a current or                                                              
former  caregiver and  6 in  10 reported  helping with  medication                                                              
management  tasks; 50  percent  of registered  voters  said it  is                                                              
likely they  will provide care  for a friend  or family  member in                                                              
the future.  He said the 128,000  unpaid caregivers in  Alaska are                                                              
the foundation of  the state's care system, providing  care valued                                                              
at over $1.1  billion annually. Supporting these  caregivers keeps                                                              
people  out  of  more  expensive   levels  of  care  and  provides                                                              
independence,  choice, and dignity  that the  system is  based on.                                                              
Many of  these caregivers are  thrust into this  role unexpectedly                                                              
and if  they don't  have the needed  tools to provide  appropriate                                                              
care, the patient may be re-hospitalized.                                                                                       
                                                                                                                                
SB  72 helps  this situation,  he  said. Its  goal  is to  involve                                                              
family  caregivers as  part of the  care team.  The bill  requires                                                              
all  hospitals  in  Alaska  to   adopt  policies  to  ensure  they                                                              
identify  and  record who  the  family  caregiver  is, if  one  is                                                              
designated;  notify   the  caregiver  that  a  patient   is  being                                                              
discharged;  and  demonstrate  the   care  they  are  expected  to                                                              
provide at home.                                                                                                                
                                                                                                                                
MR.  HELANDER stated  that  the collaboration  referenced  earlier                                                              
led  to  the mutually  agreeable  language  in  the  [forthcoming]                                                              
amended  bill.  He  pointed  out that  while  many  hospitals  are                                                              
already doing  what the bill provides,  this will ensure  that all                                                              
hospitals  are on  the same  page involving  family caregivers  as                                                              
part  of the  care team.  This is  particularly  important in  the                                                              
current fiscal climate, he said.                                                                                                
                                                                                                                                
1:56:55 PM                                                                                                                    
ED ZASTROW, representing  himself, Ketchikan, testified  in strong                                                              
support of  SB 72. He  shared a personal  story of  his experience                                                              
with a  successful hospital discharge  in Ketchikan. His  wife was                                                              
schooled in how to  care for him and they were  assisted in how to                                                              
prepare  their home  to  accommodate his  needs.  SB 72  addresses                                                              
this type of program  and he finds it difficult  to understand why                                                              
any hospital  wouldn't make  these accommodations. He  highlighted                                                              
that  Ketchikan  General  Hospital   is  currently  rewriting  the                                                              
policies  for  their  program  and  is  very  pleased  with  their                                                              
caregiver training program.                                                                                                     
                                                                                                                                
1:59:00 PM                                                                                                                    
JEANNIE   MONK,   Alaska   State   Hospital   and   Nursing   Home                                                              
Association,  Juneau,  Alaska,   confirmed  that  ASHNA  has  been                                                              
collaborating with  the sponsor and  AARP Alaska and  supports the                                                              
forthcoming  CS. She stated  that a  transition from the  hospital                                                              
to  home  is stressful,  but  the  best-case  scenario is  when  a                                                              
willing  caregiver is  available  to provide  aftercare. She  said                                                              
ASHNA  supports  family caregivers  and  wants  to give  them  the                                                              
confidence and skills needed to handle the aftercare.                                                                           
                                                                                                                                
She related  that Alaska  hospitals are  working on strategies  to                                                              
reduce  re-admissions,  provide   coordinated  care  services  and                                                              
planning  across  a  continuum,  and meet  rigorous  Medicare  and                                                              
Medicaid conditions  of participation. As part of  every patient's                                                              
discharge  assessment, the  hospital works  to determine  who will                                                              
provide ongoing  care, include that  individual in  the transition                                                              
planning,  and provide  them  with information  about  medications                                                              
and follow-up care.  SB 72 builds on and strengthens  the existing                                                              
discharge planning  processes that are in place  at all hospitals;                                                              
ASHNA, therefore, supports the legislation.                                                                                     
                                                                                                                                
2:01:30 PM                                                                                                                    
CHAIR  COSTELLO related  a personal  story about  a loved  one who                                                              
entered  the  hospital  and  was   asked  if  she  had  family  in                                                              
Anchorage to help  with aftercare. This person  answered no, which                                                              
was technically  correct but  didn't take  into account  the life-                                                              
long family-like relationship with Senator Costello's family.                                                                   
                                                                                                                                
She  questioned how  hospitals will  educate their  staff to  look                                                              
beyond  the traditional  family caregiver  when it's  appropriate.                                                              
"Essentially, we were  cut out of the process and  they were ready                                                              
to assume  she had  nobody  in Alaska  when, in fact,  she had  my                                                              
family," Senator Costello said.                                                                                                 
                                                                                                                                
MS.  MONK  offered  her  understanding  that  each  hospital  will                                                              
integrate this into  their discharge policies and will  ask if the                                                              
patient wants  to designate a caregiver.  If so, the  patient will                                                              
sign  an agreement  so the  hospital can  release information  and                                                              
the hospital will fully involve that designated caregiver.                                                                      
                                                                                                                                
SENATOR STEVENS asked who will pay for the training.                                                                            
                                                                                                                                
MS. MONK  replied hospitals  already work  with family  caregivers                                                              
and provide  training that is relevant  to the patient's  needs at                                                              
discharge.  This  is  simply  integrating   into  their  discharge                                                              
policies  the  process  of  allowing  a  patient  to  designate  a                                                              
caregiver.  She clarified, "This  bill will  not address  the full                                                              
range of caregiver needs."                                                                                                      
                                                                                                                                
2:05:19 PM                                                                                                                    
SENATOR MEYER asked who pays for the caregivers.                                                                                
                                                                                                                                
MS. MONK clarified that these are all unpaid caregivers.                                                                        
                                                                                                                                
SENATOR  MEYER  asked  if  the  hospital  provides  someone  if  a                                                              
patient doesn't have a family caregiver.                                                                                        
                                                                                                                                
MS. MONK  clarified that  this legislation does  not speak  to the                                                              
hospital  providing  any  caregivers.  It speaks  to  the  patient                                                              
designating  someone  who  is  willing  to  provide  post-hospital                                                              
care.  If a patient  does not  have someone  to care  for them  at                                                              
home,  the  hospital  social  services  department  works  out  an                                                              
appropriate  transition plan. This  is a  large problem,  but this                                                              
legislation  does not address  that aspect  of post-release  care,                                                              
she said.                                                                                                                       
                                                                                                                                
2:06:32 PM                                                                                                                    
CHAIR  COSTELLO closed  public testimony  on  SB 72  and held  the                                                              
bill in committee.                                                                                                              

Document Name Date/Time Subjects
SB 72 ver. F.PDF SL&C 2/23/2016 1:30:00 PM
SB 72
CSSB 72(HSS) - Sponsor Statement.pdf SL&C 2/23/2016 1:30:00 PM
SB 72 - Fiscal Note DHSS (2).pdf SL&C 2/23/2016 1:30:00 PM
SB 72
SB 72 - Fiscal Note DHSS.pdf SL&C 2/23/2016 1:30:00 PM
SB 72
SB 72 - Support Am. Lung Assn..pdf SL&C 2/23/2016 1:30:00 PM
SB 72
SB 72 - Support AK Commission on Aging.pdf SL&C 2/23/2016 1:30:00 PM
SB 72
SB 72 - Support Letter AARP.pdf SL&C 2/23/2016 1:30:00 PM
SB 72
SB 72 - Support Letter ASHNHA.pdf SL&C 2/23/2016 1:30:00 PM
SB 72
SB 72 - Support Letter Mountain-Pacific.pdf SL&C 2/23/2016 1:30:00 PM
SB 72
SB 72 - Support Letter Kenai Support Caregivers Warren.pdf SL&C 2/23/2016 1:30:00 PM
SB 72
SB 72 - Support Letter Soule.pdf SL&C 2/23/2016 1:30:00 PM
SB 72
SB 72 - Supporting Letter Gov. Council Disabilities.pdf SL&C 2/23/2016 1:30:00 PM
SB 72
SB 72 - AARP CARE Act Stats.pdf SL&C 2/23/2016 1:30:00 PM
SB 72
SB 72 - AARP Survey Caregivers.pdf SL&C 2/23/2016 1:30:00 PM
SB 72
SB 72 - Backup Family Caregivers Infogram.pdf SL&C 2/23/2016 1:30:00 PM
SB 72
SB 72 - Backup Home Alone Study.pdf SL&C 2/23/2016 1:30:00 PM
SB 72
SB 72 - Supporting Document - AARPEconomic Value of Caregiving.pdf SL&C 2/23/2016 1:30:00 PM
SB 72
SB 72 - Supporting Document Updated Map of CARE ACT States.pdf SL&C 2/23/2016 1:30:00 PM
SB 72
SB 72 - Backup Statistics Infogram.pdf SL&C 2/23/2016 1:30:00 PM
SB 72
SB 165.PDF SL&C 2/23/2016 1:30:00 PM
SB 165
SB 165 - Support Letters.pdf SL&C 2/23/2016 1:30:00 PM
SB 165
SB 165 - Sponsor Statement.pdf SL&C 2/23/2016 1:30:00 PM
SB 165
SB 165 - Sectional Summary.pdf SL&C 2/23/2016 1:30:00 PM
SB 165
SB 165 - Presentation.pdf SL&C 2/23/2016 1:30:00 PM
SB 165
SB 165 - Summary.pdf SL&C 2/23/2016 1:30:00 PM
SB 165
SB 165 - MatSu Health Support Resolution.pdf SL&C 2/23/2016 1:30:00 PM
SB 165
SB 165 - Opposition Letter CHARR.pdf SL&C 2/23/2016 1:30:00 PM
SB 165
SB 165 - Fiscal Note.pdf SL&C 2/23/2016 1:30:00 PM
SB 165
SB 134.pdf SL&C 2/23/2016 1:30:00 PM
SB 134
SB 134 - Governor's Transmittal Letter.pdf SL&C 2/23/2016 1:30:00 PM
SB 134
SB 134 - DOR Income Tax Presentation.pdf SL&C 2/23/2016 1:30:00 PM
SB 134
SB 134 - Alaska Income Tax Matrix 2.23.16.pdf SL&C 2/23/2016 1:30:00 PM
SB 134
SB 134 - DOR Electronic Filing Statistics.pdf SL&C 2/23/2016 1:30:00 PM
SB 134
SB 134 - Fiscal Note DOA.pdf SL&C 2/23/2016 1:30:00 PM
SB 134
SB 134 - Fiscal Note DOR.pdf SL&C 2/23/2016 1:30:00 PM
SB 134
SB 134 - Hearing Request.pdf SL&C 2/23/2016 1:30:00 PM
SB 134
SB 134 - Support Resolution ALF-CIO.pdf SL&C 2/23/2016 1:30:00 PM
SB 134
SB 134- Opposition Letter - NFIB.pdf SL&C 2/23/2016 1:30:00 PM
SB 134
SB 134 - Opposition Letter Gary Wilken.pdf SL&C 2/23/2016 1:30:00 PM
SB 134
SB 134 - Alaska Trust Company Letter.pdf SL&C 2/23/2016 1:30:00 PM
SB 134
SB 134 - Alaska Trust Company State Income Tax Chart.pdf SL&C 2/23/2016 1:30:00 PM
SB 134
SB 134 - Alaska Trust Company Jurisdiction Rankings.pdf SL&C 2/23/2016 1:30:00 PM
SB 134
SB 134 - Alaska Trust Company Dynasty_Trust_Rankings.pdf SL&C 2/23/2016 1:30:00 PM
SB 134
SB 134 - Alaska Trust Company Bob Keebler Quote.pdf SL&C 2/23/2016 1:30:00 PM
SB 134
SB 134 - Forbes Article - Alaska Has A Bigger Problem Than Low Oil Prices - Forbes.pdf SL&C 2/23/2016 1:30:00 PM
SB 134
SB 134 - Press - Daily Signal - Almost Half of US Residents Still Pay No Federal Income Tax.pdf SL&C 2/23/2016 1:30:00 PM
SB 134
2016.02.22 SB 165 - Rasmuson Foundation Letter.pdf SL&C 2/23/2016 1:30:00 PM
SB 165