Legislature(1993 - 1994)
04/27/1994 08:40 AM House FIN
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE FINANCE COMMITTEE
April 27, 1994
8:40 A.M.
TAPE HFC 94 - 143, Side 1, #000 - end.
TAPE HFC 94 - 143, Side 2, #000 - #53.
CALL TO ORDER
Co-Chair Larson called the House Finance Committee meeting
to order at 8:40 A.M.
PRESENT
Co-Chair Larson Representative Martin
Vice-Chair Hanley Representative Navarre
Representative Brown Representative Parnell
Representative Grussendorf Representative Therriault
Representative Foster
Representatives Hoffman and MacLean were not present for the
meeting.
ALSO PRESENT
Nancy Bear Usera, Commissioner, Department of
Administration; Connie Sipe, Director, Division of Senior
Services, Department of Administration; Pat Denny, Director,
Older Alaskans Commission, Department of Administration;
Dave White, Division of Medical Services, Department of
Health and Social Services.
SUMMARY
SB 248 An Act relating to services for and protection of
vulnerable adults; and providing for an effective
date.
HCS CS SB 248 (FIN) was reported out of Committee
with a "do pass" recommendation and with fiscal
notes by the Department of Health and Social
Services dated 1/14/94 and the Department of
Administration dated 3/24/94 and zero fiscal notes
by the Department of Public Safety dated 2/18/94
and the Department of Administration dated
3/24/94.
SB 249 An Act relating to assisted living homes;
repealing references to residential facilities for
dependent adults; and providing for an effective
date.
1
CS SB 249 (HES)am was reported out of Committee
with fiscal notes by the Department of Health and
Social Services dated 3/10/94 (2) & 1/14/94 (1)
and zero fiscal notes by the Department of
Administration dated 3/10/94.
SB 250 An Act relating to the Older Alaskans Commission
and staff of the commission; changing the name of
the Older Alaskans Commission to the Alaska
Commission on Aging and extending the termination
date of the commission; relating to the Alaska
Pioneers' Homes Advisory Board; relating to
services and programs for older Alaskans; and
providing for an effective date.
HCS CS SB 250 (FIN) was reported out of Committee
with a "do pass" recommendation and with a zero
fiscal note by the Department of Administration
dated 1/14/94.
SENATE BILL 248
"An Act relating to services for and protection of
vulnerable adults; and providing for an effective
date."
NANCY BEAR USERA, COMMISSIONER, DEPARTMENT OF
ADMINISTRATION, explained that SB 248 (RLS)am was introduced
by the Governor with the intent to make significant
improvements in the way that protective services would be
provided to vulnerable adults who are victims of abuse,
neglect or exploitation. The bill would transfer the
authority for adult protective services from the Department
of Health and Social Services (Division of Family and Youth
Services) to the Department of Administration (Division of
Senior Services). She added that the legislation would
define "vulnerable" adults and differentiate between
"vulnerable" adults and "vulnerable" children.
Commissioner Usera advised that the fiscal notes included
with the legislation were transfers from the Department of
Health and Social Services to the Department of
Administration.
Representative Martin MOVED to adopt Amendment #1 as
proposed by the Christian Science churches in Alaska,
explaining that Christian Scientists rely on spiritual
treatment, based on prayer alone, for the healing of
physical illnesses.
Representative Brown expressed her support for adults being
2
able to select their own method of treatment, while adding
that the issue becomes more complicated when applied to
children. Representative Martin pointed out that it is
important that people have freedom of faith where healing is
involved. He added that the Christian Scientists want to
ensure that senior citizens will not be subjected to health
methods which they do not agree with.
Commissioner Usera advised that the legislation will have no
effect on children. Children are currently listed in the
children's statutes, a separate category.
Commissioner Usera recommended adding language to the end of
the amendment stating: "Provided that the person consents to
the treatment by spiritual means only", indicating that this
language would create a consensual relationship.
Representative Martin MOVED to adopt the additional language
to Amendment #1. There being NO OBJECTION, the language
change was adopted.
Co-Chair Larson OBJECTED to adopting the amended Amendment
A roll call vote was taken on the MOTION.
IN FAVOR: Martin, Navarre, Brown, Foster,
Grussendorf, Hanley.
OPPOSED: Therriault, Larson.
Representatives Parnell, Hoffman and MacLean were not
present for the vote.
The MOTION PASSED (6-2).
Representative Navarre MOVED to report HCS CS SB 248 (FIN)
out of Committee with individual recommendations and with
the accompanying fiscal notes. There being NO OBJECTION, it
was so ordered.
HCS CS SB 248 (FIN) was reported out of Committee with a "do
pass" recommendation and with fiscal notes by the Department
of Health and Social Services dated 1/14/94, the Department
of Administration dated 3/24/94, and zero fiscal notes by
the Department of Public Safety dated 2/18/94 and the
Department of Administration dated 3/24/94.
SENATE BILL 249
"An Act relating to assisted living homes; repealing
references to residential facilities for dependent
adults; and providing for an effective date."
3
Commissioner Usera stated that the Governor introduced the
proposed legislation for the purpose of promoting the
operation of homes that help the elderly to "age in place",
and disabled adults to reach their highest level of
functioning by integration into the community. The
legislation's reforms are summarized in three points:
1. Respect for residents as consumers.
2. Allowing access to health care in a homelike
setting.
3. Transfer of the licensing responsibility of
agencies with programmatic experience in
independent living for the elderly or persons with
disabilities.
Representative Brown asked how the bill would affect the
operations of the Pioneer Homes. Commissioner Usera replied
that the legislation would have no impact on the Pioneer
Homes, some of which are currently providing assisted living
services. The legislation would intend to license members
of private institutions to provide additional services.
Representative Hanley questioned if it would be necessary
for all the new homes to go through the certificate of need
process. Commissioner Usera noted that the references here
would be assisted living facilities and would not be subject
to the certificate of need process. Representative Hanley
questioned how these services would be paid for in the
future. Discussion followed among Committee members
regarding that concern.
DAVE WHITE, DIVISION OF MEDICAL ASSISTANCE, DEPARTMENT OF
HEALTH AND SOCIAL SERVICES, stressed that the proposed
legislation would provide an alternative to the current
nursing home situation and would provide a cost effective
service operation short of institutionalization. Mr. White
urged Committee members to pass the legislation in order
that the assisted care institutions could be built and that
this legislation would be able to grant provisions in order
to license them.
Representative Parnell MOVED to report CS SB 249 (HES)am out
of Committee with individual recommendations and with the
accompanying fiscal notes. There being NO OBJECTION, it was
so ordered.
CS SB 249 (HES)am was reported out of Committee with "no
recommendations" and with fiscal notes by the Department of
Health and Social Services dated 3/10/94 & 1/14/94 and the
Department of Administration dated 3/10/94.
SENATE BILL 250
4
"An Act relating to the Older Alaskans Commission and
staff of the commission; changing the name of the Older
Alaskans Commission to the Alaska Commission on Aging
and extending the termination date of the commission;
relating to the Alaska Pioneers' Homes Advisory Board;
relating to services and programs for older Alaskans;
and providing for an effective date."
Commissioner Usera pointed out that SB 250 was one of the
three pieces of legislation introduced by the Governor as
part of a plan to improve and reorganize state services to
Alaska's seniors.
1. Re-name the Older Alaskans Commission as the
Alaska Commission on Aging.
2. Reduce the number of mandatory annual meetings for
both the Commission and the Board in order to
reflect current practices and fiscal resources.
3. Add the chairperson of the Commission on Aging to
the Pioneers' Homes Board.
4. Establish 8 year maximum terms for Pioneers' Homes
Board members, allow current members to serve up
to 8 more years, and transition the board to
staggered terms.
5. Clarify that the Commission on Aging administers
programs through its executive director.
6. Clarify that the Commission sets policy for
administration of its programs and selects
recipients for grant awards.
7. Allows the Commission flexibility to reduce or
waive local "match" requirements for grantees
operating "pilot projects" when the waiver is in
the public's interest.
Commissioner Usera stated that the Department supports
Amendment #1 which would provide a vote for the executive
branch agencies who sit on the Boards as well as a vote for
the Chairman of the Older Alaskan's Commission.
PAT DENNY, EXECUTIVE DIRECTOR, OLDER ALASKAN'S COMMISSION,
DEPARTMENT OF ADMINISTRATION, testified that the Older
Alaskan's Commission was anxious to see that the Chairman of
the Pioneer's Home Board and three members of the executive
branch be given the opportunity to fully participate in the
work of the Commission.
CONNIE SIPE, DIRECTOR, DIVISION OF SENIOR SERVICES,
DEPARTMENT OF ADMINISTRATION, summarized that there would be
no amendments or changes to the Longevity Bonus through the
proposed legislation.
5
Representative Martin MOVED to adopt Amendment #1.
(Tape Change, HFC 94-143, Side 2).
There being NO OBJECTION, it was adopted.
Representative Martin MOVED to report HCS CS SB 250 (FIN)
out of Committee with individual recommendations and with
the accompanying fiscal note. There being NO OBJECTION, it
was so ordered.
HCS CS SB 250 (FIN) was reported out of Committee with a "do
pass" recommendation and with a zero fiscal note by the
Department of Administration dated 1/14/94.
ADJOURNMENT
The meeting adjourned at 9:25 A.M.
HOUSE FINANCE COMMITTEE
April 27, 1994
8:40 A.M.
TAPE HFC 94 - 143, Side 1, #000 - end.
TAPE HFC 94 - 143, Side 2, #000 - #53.
CALL TO ORDER
Co-Chair Larson called the House Finance Committee meeting
to order at 8:40 A.M.
PRESENT
Co-Chair Larson Representative Martin
Vice-Chair Hanley Representative Navarre
Representative Brown Representative Parnell
Representative Grussendorf Representative Therriault
Representative Foster
Representatives Hoffman and MacLean were not present for the
meeting.
ALSO PRESENT
Nancy Bear Usera, Commissioner, Department of
Administration; Connie Sipe, Director, Division of Senior
Services, Department of Administration; Pat Denny, Director,
Older Alaskans Commission, Department of Administration;
Dave White, Division of Medical Services, Department of
Health and Social Services.
SUMMARY
6
SB 248 An Act relating to services for and protection of
vulnerable adults; and providing for an effective
date.
HCS CS SB 248 (FIN) was reported out of Committee
with a "do pass" recommendation and with fiscal
notes by the Department of Health and Social
Services dated 1/14/94 and the Department of
Administration dated 3/24/94 and zero fiscal notes
by the Department of Public Safety dated 2/18/94
and the Department of Administration dated
3/24/94.
SB 249 An Act relating to assisted living homes;
repealing references to residential facilities for
dependent adults; and providing for an effective
date.
CS SB 249 (HES)am was reported out of Committee
with fiscal notes by the Department of Health and
Social Services dated 3/10/94 (2) & 1/14/94 (1)
and zero fiscal notes by the Department of
Administration dated 3/10/94.
SB 250 An Act relating to the Older Alaskans Commission
and staff of the commission; changing the name of
the Older Alaskans Commission to the Alaska
Commission on Aging and extending the termination
date of the commission; relating to the Alaska
Pioneers' Homes Advisory Board; relating to
services and programs for older Alaskans; and
providing for an effective date.
HCS CS SB 250 (FIN) was reported out of Committee
with a "do pass" recommendation and with a zero
fiscal note by the Department of Administration
dated 1/14/94.
SENATE BILL 248
"An Act relating to services for and protection of
vulnerable adults; and providing for an effective
date."
NANCY BEAR USERA, COMMISSIONER, DEPARTMENT OF
ADMINISTRATION, explained that SB 248 (RLS)am was introduced
by the Governor with the intent to make significant
improvements in the way that protective services would be
provided to vulnerable adults who are victims of abuse,
neglect or exploitation. The bill would transfer the
authority for adult protective services from the Department
7
of Health and Social Services (Division of Family and Youth
Services) to the Department of Administration (Division of
Senior Services). She added that the legislation would
define "vulnerable" adults and differentiate between
"vulnerable" adults and "vulnerable" children.
Commissioner Usera advised that the fiscal notes included
with the legislation were transfers from the Department of
Health and Social Services to the Department of
Administration.
Representative Martin MOVED to adopt Amendment #1 as
proposed by the Christian Science churches in Alaska,
explaining that Christian Scientists rely on spiritual
treatment, based on prayer alone, for the healing of
physical illnesses.
Representative Brown expressed her support for adults being
able to select their own method of treatment, while adding
that the issue becomes more complicated when applied to
children. Representative Martin pointed out that it is
important that people have freedom of faith where healing is
involved. He added that the Christian Scientists want to
ensure that senior citizens will not be subjected to health
methods which they do not agree with.
Commissioner Usera advised that the legislation will have no
effect on children. Children are currently listed in the
children's statutes, a separate category.
Commissioner Usera recommended adding language to the end of
the amendment stating: "Provided that the person consents to
the treatment by spiritual means only", indicating that this
language would create a consensual relationship.
Representative Martin MOVED to adopt the additional language
to Amendment #1. There being NO OBJECTION, the language
change was adopted.
Co-Chair Larson OBJECTED to adopting the amended Amendment
A roll call vote was taken on the MOTION.
IN FAVOR: Martin, Navarre, Brown, Foster,
Grussendorf, Hanley.
OPPOSED: Therriault, Larson.
Representatives Parnell, Hoffman and MacLean were not
present for the vote.
The MOTION PASSED (6-2).
8
Representative Navarre MOVED to report HCS CS SB 248 (FIN)
out of Committee with individual recommendations and with
the accompanying fiscal notes. There being NO OBJECTION, it
was so ordered.
HCS CS SB 248 (FIN) was reported out of Committee with a "do
pass" recommendation and with fiscal notes by the Department
of Health and Social Services dated 1/14/94, the Department
of Administration dated 3/24/94, and zero fiscal notes by
the Department of Public Safety dated 2/18/94 and the
Department of Administration dated 3/24/94.
SENATE BILL 249
"An Act relating to assisted living homes; repealing
references to residential facilities for dependent
adults; and providing for an effective date."
Commissioner Usera stated that the Governor introduced the
proposed legislation for the purpose of promoting the
operation of homes that help the elderly to "age in place",
and disabled adults to reach their highest level of
functioning by integration into the community. The
legislation's reforms are summarized in three points:
1. Respect for residents as consumers.
2. Allowing access to health care in a homelike
setting.
3. Transfer of the licensing responsibility of
agencies with programmatic experience in
independent living for the elderly or persons with
disabilities.
Representative Brown asked how the bill would affect the
operations of the Pioneer Homes. Commissioner Usera replied
that the legislation would have no impact on the Pioneer
Homes, some of which are currently providing assisted living
services. The legislation would intend to license members
of private institutions to provide additional services.
Representative Hanley questioned if it would be necessary
for all the new homes to go through the certificate of need
process. Commissioner Usera noted that the references here
would be assisted living facilities and would not be subject
to the certificate of need process. Representative Hanley
questioned how these services would be paid for in the
future. Discussion followed among Committee members
regarding that concern.
DAVE WHITE, DIVISION OF MEDICAL ASSISTANCE, DEPARTMENT OF
HEALTH AND SOCIAL SERVICES, stressed that the proposed
legislation would provide an alternative to the current
9
nursing home situation and would provide a cost effective
service operation short of institutionalization. Mr. White
urged Committee members to pass the legislation in order
that the assisted care institutions could be built and that
this legislation would be able to grant provisions in order
to license them.
Representative Parnell MOVED to report CS SB 249 (HES)am out
of Committee with individual recommendations and with the
accompanying fiscal notes. There being NO OBJECTION, it was
so ordered.
CS SB 249 (HES)am was reported out of Committee with "no
recommendations" and with fiscal notes by the Department of
Health and Social Services dated 3/10/94 & 1/14/94 and the
Department of Administration dated 3/10/94.
SENATE BILL 250
"An Act relating to the Older Alaskans Commission and
staff of the commission; changing the name of the Older
Alaskans Commission to the Alaska Commission on Aging
and extending the termination date of the commission;
relating to the Alaska Pioneers' Homes Advisory Board;
relating to services and programs for older Alaskans;
and providing for an effective date."
Commissioner Usera pointed out that SB 250 was one of the
three pieces of legislation introduced by the Governor as
part of a plan to improve and reorganize state services to
Alaska's seniors.
1. Re-name the Older Alaskans Commission as the
Alaska Commission on Aging.
2. Reduce the number of mandatory annual meetings for
both the Commission and the Board in order to
reflect current practices and fiscal resources.
3. Add the chairperson of the Commission on Aging to
the Pioneers' Homes Board.
4. Establish 8 year maximum terms for Pioneers' Homes
Board members, allow current members to serve up
to 8 more years, and transition the board to
staggered terms.
5. Clarify that the Commission on Aging administers
programs through its executive director.
6. Clarify that the Commission sets policy for
administration of its programs and selects
recipients for grant awards.
7. Allows the Commission flexibility to reduce or
waive local "match" requirements for grantees
operating "pilot projects" when the waiver is in
the public's interest.
10
Commissioner Usera stated that the Department supports
Amendment #1 which would provide a vote for the executive
branch agencies who sit on the Boards as well as a vote for
the Chairman of the Older Alaskan's Commission.
PAT DENNY, EXECUTIVE DIRECTOR, OLDER ALASKAN'S COMMISSION,
DEPARTMENT OF ADMINISTRATION, testified that the Older
Alaskan's Commission was anxious to see that the Chairman of
the Pioneer's Home Board and three members of the executive
branch be given the opportunity to fully participate in the
work of the Commission.
CONNIE SIPE, DIRECTOR, DIVISION OF SENIOR SERVICES,
DEPARTMENT OF ADMINISTRATION, summarized that there would be
no amendments or changes to the Longevity Bonus through the
proposed legislation.
Representative Martin MOVED to adopt Amendment #1.
(Tape Change, HFC 94-143, Side 2).
There being NO OBJECTION, it was adopted.
Representative Martin MOVED to report HCS CS SB 250 (FIN)
out of Committee with individual recommendations and with
the accompanying fiscal note. There being NO OBJECTION, it
was so ordered.
HCS CS SB 250 (FIN) was reported out of Committee with a "do
pass" recommendation and with a zero fiscal note by the
Department of Administration dated 1/14/94.
ADJOURNMENT
The meeting adjourned at 9:25 A.M.
11
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