Legislature(1997 - 1998)
04/16/1997 08:20 AM House FIN
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* first hearing in first committee of referral
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= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE FINANCE COMMITTEE
APRIL 16, 1997
8:20 A.M.
TAPE HFC 97 - 99, Side 1, #000 - end.
TAPE HFC 97 - 99, Side 2, #000 - #159.
CALL TO ORDER
Co-Chair Gene Therriault called the House Finance Committee
meeting to order at 8:20 A.M.
PRESENT
Co-Chair Therriault Representative Kelly
Representative Grussendorf Representative Martin
Representative Davis Representative Moses
Representative Foster Representative Mulder
Representative Hanley, Kohring and Davies were not present
for the meeting.
ALSO PRESENT
Representative Joe Ryan; Senator Jerry Mackie; Ritchie
Sonner, Executive Director, Hospice and Home Care of Juneau.
SUMMARY
HB 152 An Act regulating hospice care.
CS HB 152 (HES) was reported out of Committee with
"no recommendations" and with a fiscal note by the
Department of Health and Social Services dated
4/02/97.
SB 64 An Act relating to the Shuyak Island State Park.
CS SB 64 (FIN) was reported out of Committee with
"individual recommendations" and with fiscal notes
by the Department of Natural Resources dated
2/04/97 and the Department of Public Safety dated
2/04/97.
SB 136 An Act relating to the state budget and to
appropriation bills.
SB 136 was rescheduled for a later hearing.
SENATE BILL 64
"An Act relating to the Shuyak Island State Park."
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SENATOR JERRY MACKIE noted that he had introduced the
legislation at the request of Mayor Jerome Selby and the
Kodiak Island Borough Assembly. The legislation would
present one of the final actions of a long and complex
effort by the State, federal authority and locally affected
municipalities to compensate for the effects of the Valdez
oil spill. The bill would add specific land and water areas
to the Shuyak Island State Park. Shuyak Island was the
first part of the borough that was heavily impacted by the
westward streaming oil patches and tar balls from the 1989
accident.
The two large land owners on Shuyak Island are the State and
the Kodiak Island Borough. Previous litigation imposed
management restrictions that required the State to maintain
wildlife habitat and public recreation values while the
borough was partially prohibited from commercial or
industrial use on the lands. In 1984, Shuyak State Park was
established from part of the State's holdings to protect the
area's fish and wildlife habitat and public recreation
opportunities while maintaining customary hunting and
fishing uses.
Senator Mackie concluded that SB 64 would complete the
transaction by formally incorporating all State lands on the
island into the Shuyak Island State Park. The expanded park
retains the management goals, purposes, and allows uses of
the original park.
Senator Mackie pointed out that hunting, trapping,
commercial fishing or subsistence would not be restricted
through passage of the proposed legislation. The only way
hunting or trapping could be closed would be through a
"biological emergency", which would retain it for management
purposes. At this time there are two mining claims on the
island which will continue to run as specified under the
claim.
Co-Chair Therriault referenced the Department of Natural
Resources fiscal note and asked if those funds were
warranted, suggesting that the Department absorb that cost
within their budget. Senator Mackie noted that would depend
on action taken by the Committee. He commented that the
fiscal note reflected the Department's increased costs for
updating their management plan manuals. Representative
Grussendorf spoke in support of the proposed fiscal note,
reminding Committee members of the serious cuts the
Department is currently faced with in running projects
already in the system.
Co-Chair Therriault questioned the restrictions to the
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Kodiak Borough Lands. Senator Mackie clarified that area
currently is owned in conjunction with the State of Alaska.
He pointed out that there is no opposition to the
legislation in Kodiak. The legislation would provide the
final piece of a purchase review made by the Legislative
Budget and Audit Committee (LBA) last year. It was intended
to be placed into the Department, a decision which currently
will be made by the Legislature.
Representative Martin MOVED to report CS SB 64 (FIN) out of
Committee with individual recommendations and with the
accompanying fiscal notes. There being NO OBJECTION, it was
so ordered.
CS SB 64 (FIN) was reported out of Committee with individual
recommendations and with a fiscal note by the Department of
Natural Resources dated 2/4/97 and a zero fiscal note by the
Department of Public Safety dated 2/4/97.
HOUSE BILL 152
"An Act regulating hospice care."
REPRESENTATIVE JOE RYAN stated that HB 152 would provide for
licensing of hospice care programs in Alaska, ensuring that
terminally ill persons receive comfort, support, and care
consistent with hospice philosophy and concepts through a
uniform level of services. There are no federal regulations
or licensing requirements for either certified or volunteer
hospice programs. As of the January, 1997, forty states
have regulated hospice programs. The licensing and
appropriate regulation of volunteer and certified hospice
programs in Alaska will assure consumers of consistent
standards in the delivery of hospice services.
Representative Ryan noted that hospice is a unique component
of a health care delivery system, one that has evolved over
the past twenty years in the United States. Hospice
provides care and support for people with terminal illness.
The goal of hospice care is to enable patients to live an
alert, pain-free life and to manage symptoms so that the
last weeks and months of life may be spent in dignity and
peace.
The annual growth in the hospice programs averaged about
eight percent in the early 1990's. In the last five years,
growth has averaged seventeen percent. Hospice services are
provided through a variety of means. Representative Ryan
continued, the rapid growth of hospice programs is due to
increased demand for home care services, the desire of
terminally ill persons to keep control over the remainder of
their lives, and a trend towards reimbursement for home-care
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services.
Representative Ryan noted that passage of HB 152 would help
to standardize hospice care and guarantee the Alaskan public
the opportunity to access quality hospice care from both
volunteer and certified hospice programs.
Representative Ryan stated that the fiscal note would
provide for the travel costs associated with establishing
licensure of six new hospice facilities outside of
Anchorage.
Representative Mulder inquired if the licensure of the
volunteer program would make it difficult for the volunteers
to achieve the necessary requirements. Representative Ryan
replied that the volunteer programs in Alaska adhere to the
national hospice standard. The legislation would create an
uniformity of those care standards.
Representative Martin expressed his hesitation of government
becoming involved with a system that currently works well.
He asked if the legislation would increase the costs
associated with the program. Representative Ryan replied
that the legislation would provide oversight that the dying
person is not taken advantage of. A standard has already
been determined and the legislation would not create micro-
management.
Co-Chair Therriault referenced language in the bill
referring to a "temporary" license. He asked why would a
temporary license be given before an agency had met the
requirements. Representative Ryan replied that the
temporary license would be provided if a problem existed
which needed to be corrected during the time the program was
being brought up to meet the standard.
Co-Chair Therriault continued, Page 3, Lines 3-12, makes
reference to the Department "suspending" or "reducing" a
license. He asked if clients would be required to move from
the facility when the agency's license was suspended.
Representative Ryan stated that he would assume that if the
agency's license was revoked, the facility would no longer
be able to operate. To revoke a license, conditions listed
on Page 2 would need to exist. Representative Ryan stressed
the vulnerability of people needing hospice services.
Representative Kelly asked if the requirements listed on
Page 4, were different from the procedures currently used.
Representative Ryan stated they were not.
RITCHIE SONNER, EXECUTIVE DIRECTOR, HOSPICE AND HOME CARE OF
JUNEAU, noted that the proposed legislation was supported by
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hospices throughout the State of Alaska. She stated that
the bill adequately differentiates between the certified
hospice and the volunteer hospice. The volunteer hospices
are required to fulfill a minimum set of standards. The
criteria listed on Pages 4, 5 & 6 of the bill would not be
required for a voluntary hospice. Page 7 establishes the
criteria that a voluntary hospice must fulfill. She
stressed that criteria recommended would not be financially
or administratively burdensome for a hospice to meet.
Ms. Sonner continued, the proposed legislation would
prohibit any agency from calling itself a hospice. Hospice
infers a set of a comprehensive services as well as the
ability to address the entire family's needs.
She added, in Alaska there is no specific hospice facility.
Most of the hospice care is done in the home or in a home-
like setting. To fit into the certified criteria, there
needs to be a facility available. All the hospices in the
State use only one or two beds designated in a hospital. At
this time, care is provided in the home and must fit
established criteria.
In response to Co-Chair Therriault's query regarding the
confidentiality statement, Ms. Sonner replied that the
confidentiality aspect would guarantee that a staff member
or volunteer that is involved in a patient's home,
understand the requirements of confidentiality regarding the
client and family's personal issues.
Representative Martin asked if current facilities in the
State would be grand-fathered in. Ms. Sonner replied that
every facility would be required to fulfill the criteria
when the regulations become effective. That criteria
guarantees anyone coming into the hospice fulfills the needs
of what the consumer expects and deserves in the business.
(Tape Change HFC 97-99, Side 2).
Ms. Sonner explained that most hospices in the State are
small and depend on community funding. She added, that with
the exception of one hospice, the rest are confident that
the regulations imposed through the legislation would not be
difficult to incorporate. This observation was based on
hospice testimony from previous committee hearings.
Representative G. Davis asked if there exists a hospice
international organization. Ms. Sonner explained that there
is a National Hospice Organization with voluntary
membership. They establish standards of excellence. It is
up to each individual hospice to choose whether or not they
fulfill those standards. All the hospices which have
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testified in the past few weeks have stated that they meet
and exceed the criteria established by that organization.
Representative Martin warned that eventually a fee would be
charged by the Department for licensure; he stressed that
someone will be responsible to pay to inspect the
facilities. Ms. Sonner could not speak to that concern.
Representative G. Davis commented that the proposed
legislation would provide an immediate return to the State
by taking care of our sick and dying population.
Representative Foster MOVED to report CS HB 152 (HES) out of
Committee with individual recommendations and with the
accompanying fiscal note. There being NO OBJECTION, it was
so ordered.
CS HB 152 (HES) was reported out of Committee with "no
recommendation" and with a fiscal note by the Department of
Health and Social Services dated 4/2/97.
ADJOURNMENT
The meeting adjourned at 9:10 A.M.
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**FIN106PM
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