Legislature(1999 - 2000)

04/29/1999 03:05 PM House HES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
         HOUSE HEALTH, EDUCATION AND SOCIAL                                                                                     
            SERVICES STANDING COMMITTEE                                                                                         
                   April 29, 1999                                                                                               
                     3:05 p.m.                                                                                                  
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                                 
                                                                                                                                
Representative Fred Dyson, Co-Chair                                                                                             
Representative John Coghill, Co-Chair                                                                                           
Representative Carl Morgan                                                                                                      
Representative Tom Brice                                                                                                        
Representative Allen Kemplen                                                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                  
                                                                                                                                
Representative Jim Whitaker                                                                                                     
Representative Joe Green                                                                                                        
                                                                                                                                
COMMITTEE CALENDAR                                                                                                              
                                                                                                                                
* HOUSE CONCURRENT RESOLUTION NO. 11                                                                                            
Relating to substance abuse treatment for offenders in the criminal                                                             
justice system.                                                                                                                 
                                                                                                                                
     - MOVED HCR 11 OUT OF COMMITTEE                                                                                            
                                                                                                                                
HOUSE BILL NO. 15                                                                                                               
"An Act relating to disclosure of information about certain                                                                     
children; and amending Rule 22, Alaska Child in Need of Aid Rules."                                                             
                                                                                                                                
     - MOVED CSHB 15 OUT OF COMMITTEE                                                                                           
                                                                                                                                
* HOUSE BILL NO. 162                                                                                                            
"An Act relating to confidential mental health records; relating to                                                             
mental health services and programs; relating to liability for                                                                  
payment for mental health evaluation and treatment services; and                                                                
providing for an effective date."                                                                                               
                                                                                                                                
     - MOVED CSHB 162 OUT OF COMMITTEE                                                                                          
                                                                                                                                
HOUSE BILL NO. 16                                                                                                               
"An Act transferring to the Department of Health and Social                                                                     
Services the authority to license all assisted living facilities;                                                               
eliminating the authority of the Department of Administration to                                                                
license assisted living facilities; and providing for an effective                                                              
date."                                                                                                                          
                                                                                                                                
     - HEARD AND HELD                                                                                                           
                                                                                                                                
(* First public hearing)                                                                                                        
                                                                                                                                
PREVIOUS ACTION                                                                                                                 
                                                                                                                                
BILL: HCR 11                                                                                                                    
SHORT TITLE: SUBSTANCE ABUSE TREATMENT FOR OFFENDERS                                                                            
SPONSOR(S): REPRESENTATIVES(S) DYSON                                                                                            
                                                                                                                                
Jrn-Date    Jrn-Page           Action                                                                                           
 4/26/99      1004     (H)  READ THE FIRST TIME - REFERRAL(S)                                                                   
 4/26/99      1005     (H)  HES, JUD                                                                                            
 4/29/99               (H)  HES AT  3:00 PM CAPITOL 106                                                                         
                                                                                                                                
BILL: HB  15                                                                                                                    
SHORT TITLE: FOSTER PARENT RIGHTS TO DISCLOSE INFO                                                                              
SPONSOR(S): REPRESENTATIVES(S) ROKEBERG, Dyson                                                                                  
                                                                                                                                
Jrn-Date    Jrn-Page           Action                                                                                           
 1/19/99        21     (H)  PREFILE RELEASED 1/8/99                                                                             
 1/19/99        21     (H)  READ THE FIRST TIME - REFERRAL(S)                                                                   
 1/19/99        21     (H)  HES, JUDICIARY                                                                                      
 3/16/99               (H)  HES AT  3:00 PM CAPITOL 106                                                                         
 3/16/99               (H)  HEARD AND HELD                                                                                      
 3/16/99               (H)  MINUTE(HES)                                                                                         
 3/18/99               (H)  HES AT  3:00 PM CAPITOL 106                                                                         
 3/18/99               (H)  MEETING CANCELED                                                                                    
 4/24/99               (H)  HES AT 10:00 AM CAPITOL 106                                                                         
 4/24/99               (H)  SCHEDULED BUT NOT HEARD                                                                             
 4/29/99               (H)  HES AT  3:00 PM CAPITOL 106                                                                         
                                                                                                                                
BILL: HB 162                                                                                                                    
SHORT TITLE: MENTAL HEALTH; RECORDS; TREATMENT                                                                                  
SPONSOR(S): REPRESENTATIVES(S) KEMPLEN                                                                                          
                                                                                                                                
Jrn-Date    Jrn-Page           Action                                                                                           
 3/26/99       583     (H)  READ THE FIRST TIME - REFERRAL(S)                                                                   
 3/26/99       583     (H)  HES, JUD, FIN                                                                                       
 4/29/99               (H)  HES AT  3:00 PM CAPITOL 106                                                                         
                                                                                                                                
BILL: HB  16                                                                                                                    
SHORT TITLE: LICENSURE OF ASSISTED LIVING FACILITIES                                                                            
SPONSOR(S): REPRESENTATIVES(S) CROFT, Dyson                                                                                     
                                                                                                                                
Jrn-Date    Jrn-Page           Action                                                                                           
 1/19/99        22     (H)  PREFILE RELEASED 1/8/99                                                                             
 1/19/99        22     (H)  READ THE FIRST TIME - REFERRAL(S)                                                                   
 1/19/99        22     (H)  STATE AFFAIRS, HES                                                                                  
 2/24/99       307     (H)  COSPONSOR(S): DYSON                                                                                 
 4/13/99               (H)  STA AT  8:00 AM CAPITOL 102                                                                         
 4/13/99               (H)  HEARD AND HELD                                                                                      
 4/13/99               (H)  MINUTE(STA)                                                                                         
 4/15/99               (H)  STA AT  8:00 AM CAPITOL 102                                                                         
 4/15/99               (H)  SCHEDULED BUT NOT HEARD                                                                             
 4/20/99               (H)  STA AT  8:00 AM CAPITOL 102                                                                         
 4/20/99               (H)  SCHEDULED BUT NOT HEARD                                                                             
 4/22/99               (H)  STA AT  8:00 AM CAPITOL 102                                                                         
 4/22/99               (H)  SCHEDULED BUT NOT HEARD                                                                             
 4/27/99               (H)  STA AT  8:00 AM CAPITOL 102                                                                         
 4/27/99               (H)  WAIVED OUT OF COMMITTEE                                                                             
 4/27/99      1034     (H)  STA REFERRAL WAIVED                                                                                 
 4/27/99      1034     (H)  REFERRED TO HES                                                                                     
 4/29/99               (H)  HES AT  3:00 PM CAPITOL 106                                                                         
                                                                                                                                
WITNESS REGISTER                                                                                                                
                                                                                                                                
DONALD DAPCEVICH                                                                                                                
Governor's Advisory Board on Alcoholism and Drug Abuse                                                                          
P.O. Box 021571                                                                                                                 
Juneau, Alaska  99802                                                                                                           
Telephone:  (907) 586-2173                                                                                                      
POSITION STATEMENT:  Presented HCR 11.                                                                                          
                                                                                                                                
ALICE JOHNSTONE, Legislative Chair                                                                                              
Governor's Advisory Board on Alcoholism and Drug Abuse                                                                          
213 Shotgun Alley                                                                                                               
Sitka, Alaska  99835                                                                                                            
Telephone:  (907) 465-4667                                                                                                      
POSITION STATEMENT:  Presented HCR 11.                                                                                          
                                                                                                                                
JANET SEITZ, Legislative Assistant                                                                                              
   for Representative Norman Rokeberg                                                                                           
Alaska State Legislature                                                                                                        
Capitol Building, Room 24                                                                                                       
Juneau, Alaska  99801                                                                                                           
Telephone:  (907) 465-4968                                                                                                      
POSITION STATEMENT:  Presented HB 15.                                                                                           
                                                                                                                                
RUSSELL WEBB, Deputy Commissioner                                                                                               
Department of Health and Social Services                                                                                        
P.O. Box 110601                                                                                                                 
Juneau, Alaska  99811                                                                                                           
Telephone:  (907) 465-3030                                                                                                      
POSITION STATEMENT:  Testified on HB 15.                                                                                        
                                                                                                                                
MARCI SCHMIDT                                                                                                                   
2040 Fishhook Road                                                                                                              
Wasilla, Alaska  99654                                                                                                          
Telephone:  (907) 357-3618                                                                                                      
POSITION STATEMENT:  Testified on HB 15.                                                                                        
                                                                                                                                
JAN RUTHERDALE, Assistant Attorney General                                                                                      
Human Services Section                                                                                                          
Civil Division (Juneau)                                                                                                         
Department of Law                                                                                                               
P.O. Box 10300                                                                                                                  
Juneau, Alaska  99811                                                                                                           
Telephone:  (907) 465-3600                                                                                                      
POSITION STATEMENT:  Provided information on HB 15.                                                                             
                                                                                                                                
SARAH SHORT, President                                                                                                          
Families First Partnership                                                                                                      
5535 North Street                                                                                                               
Anchorage, Alaska  99518                                                                                                        
Telephone:  (907) 561-5976                                                                                                      
POSITION STATEMENT:  Testified on HB 15.                                                                                        
                                                                                                                                
GINA MACDONALD, Special Projects Coordinator                                                                                    
Central Office                                                                                                                  
Division of Mental Health and Developmental Disabilities                                                                        
Department of Health and Social Services                                                                                        
P.O. Box 110620                                                                                                                 
Juneau, Alaska  99811                                                                                                           
Telephone:  (907) 465-3370                                                                                                      
POSITION STATEMENT:  Testified on HB 162.                                                                                       
                                                                                                                                
SHANNON O'FALLON, Assistant Attorney General                                                                                    
Human Services Section                                                                                                          
Civil Division (Juneau)                                                                                                         
Department of Law                                                                                                               
P.O. Box 110300                                                                                                                 
Juneau, Alaska  99811                                                                                                           
Telephone:  (907) 465-3600                                                                                                      
POSITION STATEMENT:  Testified on HB 162.                                                                                       
                                                                                                                                
ROBERT B. BRIGGS, Staff Attorney                                                                                                
Disability Law Center of Alaska                                                                                                 
230 South Franklin Street                                                                                                       
Juneau, Alaska  99801                                                                                                           
Telephone:  (907) 586-1627                                                                                                      
POSITION STATEMENT:  Testified in support of HB 162.                                                                            
                                                                                                                                
WALTER MAJOROS, Executive Director                                                                                              
Alaska Mental Health Board                                                                                                      
Office of the Commissioner                                                                                                      
Department of Health and Social Services                                                                                        
431 North Franklin Street, Suite 201                                                                                            
Juneau, Alaska  99801                                                                                                           
Telephone:  (907) 465-3071                                                                                                      
POSITION STATEMENT:  Testified in support of HB 162.                                                                            
                                                                                                                                
JEFF JESSEE, Executive Director                                                                                                 
Alaska Mental Health Trust Authority                                                                                            
555 West Seventh                                                                                                                
Anchorage, Alaska  99501                                                                                                        
Telephone:  (907) 269-7960                                                                                                      
POSITION STATEMENT:  Testified in support of HB 162.                                                                            
                                                                                                                                
JANET CLARK, Director                                                                                                           
Division of Administrative Services                                                                                             
Department of Health and Social Services                                                                                        
P.O. Box 110650                                                                                                                 
Juneau, Alaska  99811                                                                                                           
Telephone:  (907) 465-3082                                                                                                      
POSITION STATEMENT:  Provided information on HB 162.                                                                            
                                                                                                                                
PAT CLASBY                                                                                                                      
Alaska State Hospital and Nursing Home Association                                                                              
211 Fourth Avenue, Suite 114                                                                                                    
Juneau, Alaska  99801                                                                                                           
Telephone:  (907) 463-6753                                                                                                      
POSITION STATEMENT:  Testified in support of HB 162.                                                                            
                                                                                                                                
ACTION NARRATIVE                                                                                                                
                                                                                                                                
TAPE 99-46, SIDE A                                                                                                              
Number 0001                                                                                                                     
                                                                                                                                
CO-CHAIRMAN DYSON called the House Health, Education and Social                                                                 
Services Standing Committee meeting to order at 3:05 p.m.  Members                                                              
present at the call to order were Representatives Dyson, Coghill,                                                               
Morgan, Brice and Kemplen.                                                                                                      
                                                                                                                                
HCR 11 - SUBSTANCE ABUSE TREATMENT FOR OFFENDERS                                                                                
                                                                                                                                
Number 0163                                                                                                                     
                                                                                                                                
DONALD DAPCEVICH, Governor's Advisory Board on Alcoholism and Drug                                                              
Abuse, came forward to present HCR 11 saying they brought this                                                                  
resolution to the attention of the committee early in the session                                                               
when the Division of Alcoholism and Drug Abuse Advisory Board                                                                   
presented issues around the state.                                                                                              
                                                                                                                                
Number 0226                                                                                                                     
                                                                                                                                
ALICE JOHNSTONE, Legislative Chair, Governor's Advisory Board on                                                                
Alcoholism and Drug Abuse, came forward to present HCR 11 saying                                                                
about 80 percent of the prisoners are either under the influence of                                                             
addictive drugs or alcohol at the time of their arrest, or they                                                                 
have that problem, and it related to their offense.  Although there                                                             
is treatment in the prisons for people now, it is not adequate.                                                                 
They would encourage the legislature to establish treatment in all                                                              
the prisons so that they can address this issue to teach the                                                                    
prisoners how to live a better lifestyle and get unaddicted, so                                                                 
they can be productive citizens when they get out of jail and not                                                               
have any other violations that would put them back in jail again.                                                               
She indicated that this will cut down the costs of prisons and                                                                  
incarceration.                                                                                                                  
                                                                                                                                
CO-CHAIRMAN DYSON asked if they have any data from other                                                                        
jurisdictions showing that alcohol treatment in prison really                                                                   
works, and recidivism goes down.                                                                                                
                                                                                                                                
Number 0406                                                                                                                     
                                                                                                                                
MR. DAPCEVICH answered that the most comprehensive study is the                                                                 
Cal-Data study which studied treatment in general, but some of that                                                             
study extended to the prison system.  It is true that there is some                                                             
reduction in recidivism among inmates who participate in treatment                                                              
activities while in prison.  This resolution calls for looking at                                                               
what they are doing to make sure that it is addressing the problems                                                             
and is resulting in lower recidivism.  If it doesn't, then they                                                                 
need to change what they are doing.                                                                                             
                                                                                                                                
MR. DAPCEVICH  noted that they also need to look at the possibility                                                             
of re-engineering what they do in looking at trading hard beds for                                                              
soft beds in the prison system.  Those soft beds would have                                                                     
concurrent treatment going on.  There is already a partnership                                                                  
between the correction system and the advisory board for women's                                                                
treatment.  All the women in need of treatment at Hiland Mountain                                                               
Prison have been provided a full continuum of alcohol treatment,                                                                
targeting specifically the issues of fetal alcohol syndrome (FAS),                                                              
the issues of child abuse for those women, who when they come out                                                               
of prison may or may not have some relationship with their children                                                             
again and may or may not be at risk for FAS births.                                                                             
                                                                                                                                
MR. DAPCEVICH said that they want to provide the women good service                                                             
while they are in prison, and they want to link community services                                                              
to those women as they come out.  The program at Hiland Mountain                                                                
Prison links the institutional probation officer, the community                                                                 
probation officer and the treatment program in the community before                                                             
the woman leaves prison so that there is a continuum of service                                                                 
after she leaves.  He hopes this initiative will address those                                                                  
issues, and they will be able to get hard data for Alaska.  The                                                                 
answer to the question is yes, and the Department of Corrections                                                                
could provide the hard data.                                                                                                    
                                                                                                                                
Number 0616                                                                                                                     
                                                                                                                                
CO-CHAIRMAN DYSON asked if most of the prisons already have                                                                     
Alcoholics Anonymous (AA) chapters.                                                                                             
                                                                                                                                
MR. DAPCEVICH answered yes.                                                                                                     
                                                                                                                                
CO-CHAIRMAN DYSON asked what percentage of the prison population                                                                
chooses to participate in AA.                                                                                                   
                                                                                                                                
Number 0661                                                                                                                     
                                                                                                                                
MR. DAPCEVICH answered in 1997, the program provided clinical                                                                   
assessments to 1,577 inmates; 1,681 received education programs and                                                             
those led to assessments so there were a few more; 807 received                                                                 
outpatient services.  The new Hiland Mountain project is expected                                                               
to provide services to 64 inmates at any given time.  There are                                                                 
waiting lists for those services in the criminal justice system.                                                                
They don't know how many people are coming into the system with                                                                 
problems because no assessments are done on entrance into the                                                                   
prison system.                                                                                                                  
                                                                                                                                
CO-CHAIRMAN COGHILL asked if some inmates are mandated to the AA                                                                
treatments.                                                                                                                     
                                                                                                                                
MR. DAPCEVICH answered there are some mandates for treatments but                                                               
not within the prison system.  There are mandates for treatment for                                                             
people who are involved in unlawful activity pre-sentencing, and                                                                
there are some contingencies for treatment laid out as a part of                                                                
parole, but he doesn't believe there are any mandates while in                                                                  
prison.                                                                                                                         
                                                                                                                                
Number 0798                                                                                                                     
                                                                                                                                
CO-CHAIRMAN COGHILL noted that HCR 11 calls for sanctions for those                                                             
who refuse to cooperate.  He said that is strong language, yet it                                                               
is weak language on getting a standardized screening information                                                                
process.  He wondered if that was on purpose.                                                                                   
                                                                                                                                
MR. DAPCEVICH answered that it is with purpose.  They are not                                                                   
looking at those who want service, they are looking at providing                                                                
service for those who need service as determined by the criminal                                                                
justice system first.                                                                                                           
                                                                                                                                
Number 0876                                                                                                                     
                                                                                                                                
REPRESENTATIVE BRICE made a motion to move HCR 11 from the                                                                      
committee with individual recommendations and zero fiscal note.                                                                 
There being no objection, HCR 11 moved from the House Health,                                                                   
Education and Social Services Standing Committee.                                                                               
                                                                                                                                
HB 15 - FOSTER PARENT RIGHTS TO DISCLOSE INFO                                                                                   
                                                                                                                                
Number 0914                                                                                                                     
                                                                                                                                
CO-CHAIRMAN DYSON announced the next order of business as House                                                                 
Bill No. 15, "An Act relating to disclosure of information about                                                                
certain children; and amending Rule 22, Alaska Child in Need of Aid                                                             
Rules."                                                                                                                         
                                                                                                                                
Number 0928                                                                                                                     
                                                                                                                                
JANET SEITZ, Legislative Assistant for Representative Norman                                                                    
Rokeberg, sponsor of HB 15, came forward to present the blank                                                                   
committee substitute (CS) 1-LSO131\D for HB 15.  The previous bill                                                              
would have allowed the foster parents to talk to the legislators.                                                               
With the assistance of the Department of Health and Social Services                                                             
(DHSS) and their legal counsel, they have come up with this                                                                     
proposal which says if foster parents feel that a proposed                                                                      
placement is not in the best interest of the child, they can                                                                    
approach a judge and ask that judge to look at the matter.  Then                                                                
the judge can either uphold the department or agree with the foster                                                             
parent.  It is a safety valve for foster parents.                                                                               
                                                                                                                                
Number 1039                                                                                                                     
                                                                                                                                
REPRESENTATIVE BRICE made a motion to adopt the proposed (CS) for                                                               
HB 15, version 1-LSO131\D, Chenoweth/Lauterbach, 4/14/99, as a work                                                             
draft.  There being no objection, Version D was before the                                                                      
committee.                                                                                                                      
                                                                                                                                
MS. SEITZ told the committee that the DHSS has requested an                                                                     
amendment that would remove the term "out-of-home caregiver"                                                                    
wherever it appears in the legislation.  She indicated that                                                                     
Representative Rokeberg would not oppose that.                                                                                  
                                                                                                                                
Number 1090                                                                                                                     
                                                                                                                                
RUSSELL WEBB, Deputy Commissioner, DHSS, came forward to testify                                                                
saying they have worked with the sponsor to provide a safety valve                                                              
for a very limited, and narrow range of cases, recognizing that no                                                              
one is perfect, and there may be instances where the DHSS makes a                                                               
mistake.  They want to provide an opportunity for foster parents                                                                
who have information that indicates that a department's decision                                                                
about a child's placement will risk the health or safety of the                                                                 
child, to have a safety valve in a very limited range of cases.                                                                 
                                                                                                                                
Number 1135                                                                                                                     
                                                                                                                                
REPRESENTATIVE BRICE asked what the current grievance procedures                                                                
are for foster parents to address their concerns.                                                                               
                                                                                                                                
MR. WEBB answered currently their grievance procedures through                                                                  
their regulations do not allow a foster parent to grieve a change                                                               
in placement.                                                                                                                   
                                                                                                                                
REPRESENTATIVE BRICE asked if Version D will give the DHSS an                                                                   
ability to provide that grievance procedure.                                                                                    
                                                                                                                                
Number 1183                                                                                                                     
                                                                                                                                
MR. WEBB said they are attempting to fix a very small problem.                                                                  
They are specifically not attempting to provide party status to a                                                               
case to foster parents.  They clearly do not want to provide foster                                                             
parents with the right to intervene in a case; they want to give                                                                
them a safety valve.                                                                                                            
                                                                                                                                
REPRESENTATIVE BRICE asked is there a step down from court.                                                                     
                                                                                                                                
Number 1244                                                                                                                     
                                                                                                                                
MR. WEBB answered there is, and there are several safety valves                                                                 
discussed previously.  There is an opportunity for foster parents                                                               
to raise their concerns to parties to the case, including the                                                                   
child's guardian ad litem (GAL).  Other avenues also exist.  In                                                                 
this instance, the foster parent believed that they were not heard                                                              
either by the DHSS or the child's GAL.                                                                                          
                                                                                                                                
CO-CHAIRMAN COGHILL asked for the reason for removing out-of-home                                                               
caregiver.                                                                                                                      
                                                                                                                                
Number 1297                                                                                                                     
                                                                                                                                
MR. WEBB answered that they want to narrow this down because foster                                                             
parents have a different relationship to children than a                                                                        
residential care provider or care provider in an inpatient                                                                      
psychiatric facility.  Those people have a different relationship                                                               
to the child, and potentially have a financial interest in the                                                                  
child remaining in a placement, and they want to narrow it so the                                                               
safety valve exists, but it is very limited.                                                                                    
                                                                                                                                
MR. WEBB suggested that the amendment remove the words "out-of-home                                                             
caregiver" on page 2, lines 2, 5, and 6, and 8.                                                                                 
                                                                                                                                
REPRESENTATIVE BRICE asked why they want to take out "out-of-home                                                               
caregiver."                                                                                                                     
                                                                                                                                
MR. WEBB answered if a provider had concerns and reported it to the                                                             
DHSS, they would be interested in the information, but they                                                                     
wouldn't necessarily have the information about a change in                                                                     
placement.                                                                                                                      
                                                                                                                                
REPRESENTATIVE KEMPLEN asked for some examples of an out-of-home                                                                
caregiver.                                                                                                                      
                                                                                                                                
MR. WEBB replied a residential care provider, Alaska Children's                                                                 
Services in Anchorage, Charter North, or a relative, but relatives                                                              
have different status to bring their concerns up.                                                                               
                                                                                                                                
REPRESENTATIVE KEMPLEN pointed out that the word "caregiver's" on                                                               
page 2, line 3 should also be removed since it refers to the                                                                    
"out-of-home caregiver."                                                                                                        
                                                                                                                                
Number 1604                                                                                                                     
                                                                                                                                
MR. WEBB agreed.  He pointed out another reason for removing those                                                              
words because it gives an avenue for a for-profit entity to bring                                                               
the matter to the court's attention, when the for-profit entity                                                                 
might have a financial interest in the issue.                                                                                   
                                                                                                                                
CO-CHAIRMAN DYSON asked Ms. Seitz how the sponsor would feel about                                                              
the amendment.                                                                                                                  
                                                                                                                                
MS. SEITZ responded that the sponsor is interested in narrowing                                                                 
this to foster parents.                                                                                                         
                                                                                                                                
Number 1733                                                                                                                     
                                                                                                                                
REPRESENTATIVE BRICE made a motion for a conceptual amendment to                                                                
strike the words "out-of-home caregiver or caregiver's placement"                                                               
on page 2, line 3, 5, 6 and 8.  There being no objection, the                                                                   
amendment was adopted.                                                                                                          
                                                                                                                                
CO-CHAIRMAN DYSON asked Mr. Webb if they support this process.                                                                  
                                                                                                                                
MR. WEBB reiterated that they are not creating party status for                                                                 
foster parents.  They are creating a safety valve that would be                                                                 
applied in a very limited number of cases.  If HB 15 were                                                                       
interpreted to mean that anytime the foster parent disagreed with                                                               
the placement decision made by the DHSS, the foster parent could go                                                             
to court, the department would be opposed to it.  If it is applied                                                              
in those circumstances where foster parents have credible                                                                       
information that indicates that the DHSS is making a bad decision,                                                              
they can bring that information to the court, and the court can                                                                 
evaluate it.  If the court believes that it has credibility, the                                                                
court can grant a hearing on it.  It would be a very small number                                                               
of cases.  He indicated that they would need some advice from the                                                               
Department of Law to look at this closely, but he indicated that                                                                
now they are getting close to their intention.                                                                                  
                                                                                                                                
CO-CHAIRMAN DYSON commented that HB 15 goes to the Judiciary                                                                    
Committee next and that would be an appropriate place for that                                                                  
discussion.                                                                                                                     
                                                                                                                                
Number 1894                                                                                                                     
                                                                                                                                
MARCI SCHMIDT testified via teleconference from the                                                                             
Matanuska-Susitna (Mat-Su) Legislative Information Office (LIO)                                                                 
asking if, under this proposed CS, they are no longer allowing                                                                  
foster parents to discuss the case with the legislators.                                                                        
                                                                                                                                
Number 1918                                                                                                                     
                                                                                                                                
MS. SEITZ agreed this is an entirely new draft because of the                                                                   
concerns raised about the Title IV-E funding that they would lose                                                               
under the first bill.                                                                                                           
                                                                                                                                
MS. SCHMIDT said she would rather have the original language of HB
15 put back in; it is vital for the safety of their children.  It                                                               
seems a shame that they are so concerned about dollars rather than                                                              
children.  She supports the original language being put back in.                                                                
                                                                                                                                
Number 2018                                                                                                                     
                                                                                                                                
JAN RUTHERDALE, Assistant Attorney General, Human Services Section,                                                             
Civil Division (Juneau), Department of Law, came forward to testify                                                             
saying that the proposed CS does fix the problem of federal                                                                     
funding.  She is concerned that they are heading down the road                                                                  
giving foster parents party status; this bill doesn't do it, but                                                                
foster parents are hired by the Division of Family and Youth                                                                    
Services (DFYS) to provide temporary shelter, but they are not                                                                  
parties themselves.  However, last year HB 375 gave several rights                                                              
to foster parents, one being the right to get notices and an                                                                    
opportunity to be heard in hearings and also to get notice in the                                                               
change of placement.  Now this bill allows them an additional right                                                             
to petition the court to object to a placement in certain                                                                       
circumstances.                                                                                                                  
                                                                                                                                
MS. RUTHERDALE pointed out that this applies in cases when no one                                                               
else agrees with the foster parents.  She noted some problems: it                                                               
will pull everybody into court when they may not need to; it may be                                                             
a frivolous motion to the court.  If they are called into defend                                                                
it, it could require DFYS to go on record as defending their                                                                    
position which is defending the parent.  It is possible that later                                                              
the case could change and they sought to terminate parental rights,                                                             
the DFYS is now on record of testimony saying "Look how great this                                                              
parent is."  It also raises questions if this somehow allows the                                                                
foster parents to have court-appointed attorneys if they can't                                                                  
afford their own attorney.  She asked if the foster parents will be                                                             
allowed to practice law without a license or do they have a right                                                               
of appeal.  There might be a fiscal note from the court.  Since                                                                 
this is a work draft, the Department of Law hasn't submitted a                                                                  
fiscal note, but she estimated conservatively that there could be                                                               
40 cases which could cost $18,000.                                                                                              
                                                                                                                                
CO-CHAIRMAN DYSON asked Ms. Rutherdale if a foster parent can now                                                               
go to court to protest a placement.                                                                                             
                                                                                                                                
MS. RUTHERDALE answered as a practical matter, yes.  They have to                                                               
go through parties.  This bill doesn't seem to be necessary, but                                                                
foster parents are being allowed in court anyway.                                                                               
                                                                                                                                
TAPE 99-46, SIDE B                                                                                                              
                                                                                                                                
Number 2240                                                                                                                     
                                                                                                                                
SARAH SHORT, President, Families First Partnership, testified via                                                               
teleconference from Anchorage saying she agreed with Marci Schmidt                                                              
that the original text of the bill was better for the child's best                                                              
interest.  Any external review of DFYS is an absolute necessity.                                                                
Anything to aid the child should be done.  She pointed out that the                                                             
foster parents spend more time with the children than other people                                                              
that are parties to the case.  She said she believes that the                                                                   
process now does not work.  There is no external review because                                                                 
they have taken away the Foster Care Review Board.  She pointed out                                                             
that sometimes children are at Alaska Children's Services for one                                                               
to two months before they are placed in a foster home, and she                                                                  
wondered why they wouldn't be allowed to have adequate input since                                                              
they have daily interaction with these children.                                                                                
                                                                                                                                
MS. SHORT stated that the foster parents should have access to any                                                              
legislator because they set the laws, and they should know every                                                                
single thing about these children out there in crises.  The DFYS                                                                
profits from keeping children in care so she doesn't understand why                                                             
they wouldn't allow the other for-profit groups to have a say.  She                                                             
believes that the foster parents have better insight than most of                                                               
the case workers and guardians ad litem.  They need to be able to                                                               
openly communicate, and she urged them to go back to the original                                                               
language.                                                                                                                       
                                                                                                                                
Number 2034                                                                                                                     
                                                                                                                                
CO-CHAIRMAN DYSON asked if she did not want the foster parents to                                                               
be able to go into court.                                                                                                       
                                                                                                                                
Number 2031                                                                                                                     
                                                                                                                                
MS. SHORT said they should be able to tell not only the court but                                                               
also the legislators.  She agreed that HB 15 is a good bill, it                                                                 
just needs to be able to open up a little bit more and also include                                                             
the out-of-home caregivers.                                                                                                     
                                                                                                                                
REPRESENTATIVE BRICE agreed with Ms. Short that the Foster Care                                                                 
Review Board is important, and it is needed.  But the important                                                                 
distinction between the two drafts before them are that the                                                                     
legislators do not make decisions on the disposition of a child in                                                              
state custody, the courts do.  The foster parents need to be able                                                               
to have access to the courts, and the proposed CS does that.                                                                    
                                                                                                                                
Number 1939                                                                                                                     
                                                                                                                                
REPRESENTATIVE BRICE made a motion to move the proposed CSHB 15,                                                                
version 1-LSO131\D, Chenoweth/Lauterbach, 4/14/99, as amended, out                                                              
of the committee with individual recommendations.  There being no                                                               
objections, CSHB 15(HES) moved from the House Health, Education and                                                             
Social Services Committee.                                                                                                      
                                                                                                                                
Number 1916                                                                                                                     
                                                                                                                                
CO-CHAIRMAN DYSON commented that strongly over his objection they                                                               
eliminated the Foster Care Review Board, which was a major                                                                      
protection and safety valve, and it worked well in some cases.  He                                                              
appreciates the sponsor and the DHSS working together on this.  He                                                              
agreed the original bill had some merit, but he is not going to go                                                              
against the sponsor and amend it.                                                                                               
                                                                                                                                
HB 162 - MENTAL HEALTH; RECORDS; TREATMENT                                                                                      
                                                                                                                                
Number 1817                                                                                                                     
                                                                                                                                
CO-CHAIRMAN DYSON announced the next order of business as House                                                                 
Bill No. 162, "An Act relating to confidential mental health                                                                    
records; relating to mental health services and programs; relating                                                              
to liability for payment for mental health evaluation and treatment                                                             
services; and providing for an effective date."                                                                                 
                                                                                                                                
Number 1805                                                                                                                     
                                                                                                                                
REPRESENTATIVE KEMPLEN, sponsor, presented HB 162 saying the                                                                    
purpose of this legislation is to provide the necessary, statutory                                                              
changes on three features concerning mental health services.  It                                                                
clarifies client eligibility for mental health services, it                                                                     
establishes procedures for determining eligibility, processing                                                                  
applications, and paying claims, and it offers a conduit for mental                                                             
health services to eligible clients through a community-based                                                                   
program.  It provides adequate funding for evaluation and treatment                                                             
services for a community-based program.   He noted that the                                                                     
Department of Health and Social Services (DHSS) can answer any                                                                  
technical questions.  The fiscal note reflects an agreement between                                                             
the department and Alaska Mental Health Trust Authority (AMHTA).                                                                
Senator Ted Stevens has come through with some of the necessary                                                                 
funding for this program.  He mentioned that there are letters of                                                               
support in the committee's packets.                                                                                             
                                                                                                                                
Number 1634                                                                                                                     
                                                                                                                                
GINA MACDONALD, Special Projects Coordinator, Central Office,                                                                   
Division of Mental Health and Developmental Disabilities,                                                                       
Department of Health and Social Services, came forward to testify.                                                              
She told the committee that this legislation emphasizes the                                                                     
inpatient services for people who are at risk of harming themselves                                                             
or others, or are severely impaired by their mental health                                                                      
condition at the time they are hospitalized.  The department is                                                                 
looking to fund the inpatient services for those people in private                                                              
hospitals throughout the state.  In order to do that in an                                                                      
organized, clear and consistent way, the DHSS wanted clarity in the                                                             
statute about eligibility and payment structure and the service                                                                 
delivery aspects of this program.  The DHSS has been doing this for                                                             
years, but this allows them to do it in more organized way.  As the                                                             
Alaska Psychiatric Institute (API) is downsized, they are going to                                                              
need those services in Anchorage and throughout the state, for the                                                              
short-term hospitalization for patients in danger of harming                                                                    
themselves or others.                                                                                                           
                                                                                                                                
REPRESENTATIVE BRICE asked what the current standards are for                                                                   
eligibility for a facility to be reimbursed for designated                                                                      
evaluation and treatment (DET) services.                                                                                        
                                                                                                                                
Number 1562                                                                                                                     
                                                                                                                                
MS. MACDONALD answered there are two aspects of the bill in terms                                                               
of standards.  One is clinical in terms of harm to self or others                                                               
and the other is eligibility in terms of income level.  Currently                                                               
the clinical standards are the same.  Historically, they have                                                                   
provided services for people who are committed under the court                                                                  
order to be in the hospital.  In the past year, they have also been                                                             
providing services for people who would be committed if they                                                                    
decided to leave the hospital, but they choose to stay in the                                                                   
hospital and receive services voluntarily.  They want to support                                                                
that because it is clinically more appropriate for the patients to                                                              
make that choice, and they know they would be committed otherwise.                                                              
                                                                                                                                
Number 1505                                                                                                                     
                                                                                                                                
REPRESENTATIVE BRICE asked if it is appropriate to categorize the                                                               
designated evaluation and treatment services as a mental health                                                                 
emergency room.                                                                                                                 
                                                                                                                                
MS. MACDONALD answered that it is more of an inpatient level.  The                                                              
emergency room level would be more of an assessment prior to                                                                    
admission into a hospital facility.  This is one step beyond the                                                                
emergency room level.  There would be an inpatient stay, the                                                                    
patient would remain overnight and during that time, there is an                                                                
extended evaluation process that happens.  It does serve a                                                                      
community emergency response function in that it does provide a                                                                 
local place for someone in crisis to go and be safe and be                                                                      
evaluated.                                                                                                                      
                                                                                                                                
Number 1444                                                                                                                     
                                                                                                                                
SHANNON O'FALLON, Assistant Attorney General, Human Services                                                                    
Section, Civil Division (Juneau), Department of Law, came forward                                                               
to testify saying she does mental commitments in southeast Alaska.                                                              
They do commit people for up to 30 days at Bartlett Regional                                                                    
Hospital, a designated treatment facility.  It is the shorter term                                                              
treatment, and people who are in crisis there are in imminent                                                                   
danger of harming themselves or others.                                                                                         
                                                                                                                                
Number 1421                                                                                                                     
                                                                                                                                
REPRESENTATIVE BRICE asked how HB 162 will establish the clinical                                                               
standards by which services will be provided to those people.                                                                   
                                                                                                                                
Number 1406                                                                                                                     
                                                                                                                                
MS. MACDONALD answered that under the authority of this statute,                                                                
the DHSS will be able to establish standards for those services                                                                 
provided on an inpatient basis, but that is just part of the                                                                    
picture.  There are services provided on an inpatient basis, and                                                                
then there is the outpatient component of the service delivery for                                                              
people who are in crisis.                                                                                                       
                                                                                                                                
REPRESENTATIVE BRICE asked how HB 162 is going to keep someone in                                                               
crisis from going to jail, and how does HB 162 direct that                                                                      
individual into the appropriate level of care.                                                                                  
                                                                                                                                
Number 1360                                                                                                                     
                                                                                                                                
MS. MACDONALD answered that it gives hospitals a more steady source                                                             
of funding for serving these patients so they are able to                                                                       
anticipate that capacity more readily.  The biggest part of this                                                                
bill is that it assures hospitals that they will have funding for                                                               
providing services to indigent patients.  If they don't have the                                                                
capacity to do that, they haven't created a structure to be ready                                                               
for them.                                                                                                                       
                                                                                                                                
REPRESENTATIVE BRICE asked what the financial eligibility standards                                                             
are currently for the state to reimburse a designated evaluation                                                                
facility.  He asked how the department pursues that funding.                                                                    
                                                                                                                                
Number 1278                                                                                                                     
                                                                                                                                
MS. O'FALLON replied that once the facility has tried to pursue                                                                 
payment through a third party payer or go to court to try to                                                                    
collect money from the patient, and those things haven't worked                                                                 
out, the hospital will submit their bill to the state.  If the                                                                  
person appears to be indigent, the department will pay for those                                                                
services.                                                                                                                       
                                                                                                                                
MS. MACDONALD said the definition of who is eligible has been in                                                                
dispute.  The need for clarity is what has brought this bill about.                                                             
                                                                                                                                
Number 1112                                                                                                                     
                                                                                                                                
ROBERT B. BRIGGS, Staff Attorney, Disability Law Center of Alaska,                                                              
came forward to testify.  He explained that the Disability Law                                                                  
Center provides legal representation for persons with disabilities                                                              
in legal matters relating to their disability.  They also work to                                                               
effect systems change for persons with disabilities when they can.                                                              
His involvement with the issue of the liability for mental health                                                               
treatment for someone who has been involuntarily committed began                                                                
with a client, who walked through his door, and presented him with                                                              
a large amount of bills saying he can't pay these bills.  The                                                                   
Disability Law Center has had a history with past mental health                                                                 
commitments where the DHSS had paid the bills of people who                                                                     
couldn't afford to pay them.  When he presented a claim to the                                                                  
DHSS, they declined to provide any assistance.                                                                                  
                                                                                                                                
MR. BRIGGS indicated that the Disability Law Center felt that was                                                               
not an implementation of an existing statute so they filed a                                                                    
lawsuit.  As part of that lawsuit, they sought regulations from the                                                             
DHSS to implement AS 47.30.910 which, in their view, contains a                                                                 
provision for requiring the DHSS to determine the ability of                                                                    
persons to pay for the costs of involuntary commitment, whether                                                                 
they are committed involuntarily, or whether they are committed                                                                 
"voluntarily-in-lieu" of an involuntary commitment.  He uses                                                                    
"voluntarily-in-lieu" admission to cover the class of person who is                                                             
presented to the hospital, a doctor informs that person that they                                                               
do meet the criteria for involuntary commitment, and the doctor is                                                              
going to commit them unless they agree to go voluntarily.                                                                       
                                                                                                                                
Number 0998                                                                                                                     
                                                                                                                                
CO-CHAIRMAN DYSON asked if there are different benefits for a                                                                   
voluntary versus involuntary commitment.                                                                                        
                                                                                                                                
MR. BRIGGS answered under the existing statute, in their view,                                                                  
there is not.  The statute applies to both people who are                                                                       
involuntarily committed, and those who are committed in lieu of an                                                              
involuntary commitment.                                                                                                         
                                                                                                                                
CO-CHAIRMAN DYSON asked the same question about the proposed bill.                                                              
                                                                                                                                
Number 0971                                                                                                                     
                                                                                                                                
MR. BRIGGS answered that HB 162 would clearly state that the                                                                    
benefit would be equal.  There is a dispute over the interpretation                                                             
of the statute he cited.  This bill goes a long way to limiting                                                                 
that dispute and making it clear that both people who are voluntary                                                             
committed in lieu of an involuntary admission, as well as those                                                                 
people involuntarily admitted, are subject to the relief measure.                                                               
That is the upside of this bill for people who have mental                                                                      
disabilities.  The downside of the bill is that under existing law                                                              
there is no income cap on the eligibility for the benefit.  This                                                                
addresses a question What is the income criterion under existing                                                                
law?  It is simply stated in the statute "ability to pay," and                                                                  
there is no income cap.  This bill would clearly state a cap on                                                                 
this benefit.                                                                                                                   
                                                                                                                                
MR. BRIGGS explained that in deciding to advocate on behalf of                                                                  
passage of this bill, one has to take into consideration both                                                                   
sides.  The Disability Law Center speaks in favor of the bill                                                                   
simply because they believe that it is going to be of more benefit                                                              
to more people to be assured that their voluntary admission will                                                                
have access to the same level of benefits as somebody who is                                                                    
involuntarily committed because it will encourage voluntary                                                                     
treatment.                                                                                                                      
                                                                                                                                
CO-CHAIRMAN DYSON asked Mr. Briggs why he doesn't like the income                                                               
cap.                                                                                                                            
                                                                                                                                
Number 0857                                                                                                                     
                                                                                                                                
MR. BRIGGS answered there is a large group of people who may have                                                               
some source of income, but they are the working poor.  Those people                                                             
could benefit also from this program.  He said the fiscal climate                                                               
may not be correct for establishing a threshold at 200 percent of                                                               
poverty, but as the fiscal climate changes, he will be back                                                                     
advocating that they increase the cap.                                                                                          
                                                                                                                                
CO-CHAIRMAN DYSON asked Mr. Briggs if the cap were five times the                                                               
poverty level would that be okay.                                                                                               
                                                                                                                                
MR. BRIGGS answered absolutely, but he is not certain that it would                                                             
be acceptable.  He suggested a hybrid approach to having an income                                                              
cap, and then having an ability-to-pay formula that compares a                                                                  
variety of factors, including the total amount of unexpended bill,                                                              
total income, easily liquidated cash and other assets.                                                                          
                                                                                                                                
Number 0748                                                                                                                     
                                                                                                                                
REPRESENTATIVE KEMPLEN made a motion to adopt the proposed                                                                      
committee substitute (CS) for HB 162, version 1-LSO761\H,                                                                       
Lauterbach, 4/29/99, as a work draft.  There being no objection,                                                                
Version H was before the committee.                                                                                             
                                                                                                                                
Number 0715                                                                                                                     
                                                                                                                                
REPRESENTATIVE BRICE indicated he is supportive of the hybrid                                                                   
approach for those who don't fit under HB 162.                                                                                  
                                                                                                                                
CO-CHAIRMAN DYSON agreed it would be good, but he advised                                                                       
Representative Brice to be wise about not slowing down the process.                                                             
                                                                                                                                
REPRESENTATIVE BRICE agreed they needed to be wary of expediency,                                                               
but they also need to ensure they are doing what they are supposed                                                              
to do in addressing the needs of the people.  He agrees they have                                                               
a readily acceptable solution to the issues.                                                                                    
                                                                                                                                
MR. BRIGGS noted that Version H does resolve the issue of who is                                                                
eligible for the benefit as compared to involuntary and                                                                         
voluntary-in-lieu admissions, but the eligibility threshold is not                                                              
clear.  Not only does someone have to have an income less than 185                                                              
percent of a poverty guideline, there is not a clear definition of                                                              
which poverty guideline is being referred to, and there are                                                                     
potential interpretations of several poverty measures, so some                                                                  
correspondence from the DHSS on exactly which poverty guideline is                                                              
intended would help that ambiguity.                                                                                             
                                                                                                                                
MR. BRIGGS indicated that the existing statute talks about the                                                                  
ability of a person to pay.  This bill instead substitutes the                                                                  
phrase of "eligibility based on someone lacking the ability to pay                                                              
or contribute to the payment of charges," which isn't fundamentally                                                             
different from the concept of ability to pay.  One of the reasons                                                               
they filed the claim against the DHSS was because they felt there                                                               
was a need for regulations that interpret the concept of ability to                                                             
pay.  There is recognition that there still is a need for those                                                                 
regulations; the bill in its current form does require regulations.                                                             
                                                                                                                                
Number 0513                                                                                                                     
                                                                                                                                
MR. BRIGGS noted that there is not a deadline on when those                                                                     
regulations must be adopted.  He suggests that they ask the DHSS                                                                
what may constitute the factors that they will look at in                                                                       
determining ability to pay.  He suggests looking at the magnitude                                                               
of the overall liability, the income available to the liable person                                                             
as well as their assets.                                                                                                        
                                                                                                                                
MR. BRIGGS informed the committee that he will forward his                                                                      
definition of ability to pay to the committee.  The other element                                                               
of this bill is to provide a clear and efficient mechanism for                                                                  
funding the privatization of a state function.  There is still one                                                              
ambiguity in the bill that should be clarified.  He is not sure of                                                              
the intention of the paragraph on page 4, lines 22-26.  He                                                                      
indicated it is intended to say that if a liable person does not                                                                
provide the necessary information, the DHSS may issue an                                                                        
administrative order imposing liability on that person.  He has                                                                 
language that might more clearly state that which he will provide                                                               
in writing to the committee.                                                                                                    
                                                                                                                                
MR. BRIGGS pointed out another aspect of this bill that has not                                                                 
been talked about is the reality that under existing law there is                                                               
a cap on what hospitals may charge for the services rendered under                                                              
the range of statutes from AS 47.30.670 through AS 47.30.915.  He                                                               
highlighted the language on page 4 of his written testimony that                                                                
limits what charges may be imposed to "the actual cost of care and                                                              
treatment."  That term has a specific definition within the                                                                     
existing statute.  That provides some measure of protection to                                                                  
consumers that this involuntary treatment will not cause charges                                                                
that are outrageous and unreasonable.  The new language in Version                                                              
H is contained on page 2, line "Charges assessed for services                                                                   
provided under AS 47.30.670 - 47.30. 915 when a patient is                                                                      
hospitalized at a state-operated facility may not exceed the actual                                                             
cost of care and treatment."  Version H proposes a change in the                                                                
cost cap.  He is not prepared today to oppose that change.                                                                      
                                                                                                                                
MR. BRIGGS is concerned that when there is a cost cap that is                                                                   
available to someone who is treated at a state-operated facility,                                                               
and it is not available to a patient who is hospitalized at another                                                             
facility, there is a potential equal protection problem.  It is                                                                 
entirely possible that in practice, the costs incurred by patients                                                              
at private facilities under this bill may be less than those                                                                    
charges incurred at a state-operated facility.  They don't know.                                                                
                                                                                                                                
MR. BRIGGS is no expert on the ways hospitals are constrained in                                                                
their billing practices by Medicare, Medicaid and other fiscal                                                                  
constraints.  He pointed out it is a change in law, and there is a                                                              
potential equal protection problem that can only be discerned as                                                                
the bill is implemented.  He urged the committee to pass this bill                                                              
this year, and he remains committed to work to reach a consensus on                                                             
this bill.                                                                                                                      
                                                                                                                                
TAPE 99-47, SIDE A                                                                                                              
                                                                                                                                
Number 0008                                                                                                                     
                                                                                                                                
WALTER MAJOROS, Executive Director, Alaska Mental Health Board,                                                                 
Office of the Commissioner, Department of Health and Social                                                                     
Services, came forward to testify in support of HB 162.  This bill                                                              
is critical and at the center of the effort to downsize API from a                                                              
79-bed facility to a 54-bed facility.  This can only be done by                                                                 
transferring some of the functions now being provided at API into                                                               
the community.  One of the most important of those is acute-care                                                                
hospitalization services that now can be provided within community                                                              
hospitals that are being provided in API.  It is important to                                                                   
recognize this as a form of privatization.                                                                                      
                                                                                                                                
MR. MAJOROS pointed out that there will be a primary focus on the                                                               
implementation of these services in the Anchorage bowl area because                                                             
there are no inpatient psychiatric services of this nature to serve                                                             
the involuntary patients in the Anchorage area.  Approximately 85                                                               
percent of the admissions to API are from the Anchorage bowl area;                                                              
there is a very strong need to provide this service within the                                                                  
Anchorage area.  The services will also extend to other parts of                                                                
the state, including Fairbanks, Juneau and some of the more rural                                                               
areas.                                                                                                                          
                                                                                                                                
MR. MAJOROS noted that there are problems with the current law in                                                               
the perceived lack of clarity on eligibility for the current                                                                    
program and payment practices.  The hospitals need to know under                                                                
what circumstances they can bill for services and receive payment                                                               
for those services.                                                                                                             
                                                                                                                                
MR. MAJOROS stated that the board is very supportive of the issue                                                               
of voluntary status.  Right now the statute encourages people to                                                                
convert from involuntary to voluntary status, and it does not make                                                              
sense to the board that someone can say to a patient "we want you                                                               
to convert over to voluntary status, but in the process of doing                                                                
that, you lose the possibility that the state will reimburse for                                                                
the service."  They are in favor of this service being available to                                                             
people who are involuntarily committed, and those who come                                                                      
voluntarily, but meet those same criteria which is danger to self                                                               
or others or gravely disabled besides being mentally ill.                                                                       
                                                                                                                                
MR. MAJOROS stressed the importance of the partnership that has                                                                 
gone into the construction of this bill.  There have been six or                                                                
seven meetings over the past two weeks between representatives of                                                               
the DHSS, the mental health board, the mental health trust                                                                      
authority, the hospital association, consumers, advocates of                                                                    
disability law, and they have worked hard to bring about a                                                                      
consensus on the draft bill.  The changes could go on indefinitely,                                                             
but he encouraged the committee to move the bill forward in its                                                                 
present form because it will make a significant improvement.  It is                                                             
an appropriate compromise.                                                                                                      
                                                                                                                                
MR. MAJOROS stated that this bill allows services to be given to                                                                
consumers closer to home and closer to their natural support                                                                    
systems.  It would allow them to receive these services more                                                                    
readily in community hospitals throughout the state including rural                                                             
areas.  This bill is cost effective, and there are leveraged                                                                    
resources that are being applied to this.  There is no state fiscal                                                             
impact initially; the services will be provided exclusively through                                                             
federal funds.  Mr. Majoros also pointed out that community                                                                     
hospitals are able to bill Medicaid so it will create an additional                                                             
revenue source that doesn't presently exist for API.                                                                            
                                                                                                                                
Number 0487                                                                                                                     
                                                                                                                                
JEFF JESSEE, Executive Director, Alaska Mental Health Trust                                                                     
Authority, testified via teleconference from Anchorage saying this                                                              
is an important bill to the trustees.  They have worked to develop                                                              
a community-based system to take the place of some of the API beds,                                                             
and this legislation is essential to carry out the goals of that                                                                
effort.  It will bring clarity to the funding mechanism that they                                                               
need in order to assure both the beneficiaries and the agencies and                                                             
corporations that they are hoping will take on these                                                                            
responsibilities, that the money will follow the client from the                                                                
state hospital to the community-based designated evaluation and                                                                 
treatment facility.                                                                                                             
                                                                                                                                
MR. JESSEE agrees there could be improvements to HB 162, but time                                                               
is short, and by adding amendments at this point the bill would not                                                             
be consistent with the one in the Senate, and they are concerned                                                                
that that could result in the bill not passing.  The trustees have                                                              
expressed their willingness to continue to look at how this bill is                                                             
implemented.  As they get data and information about the impact of                                                              
these areas that people have expressed concerns about, then they                                                                
will be in a better position to come back and jointly recommend any                                                             
necessary changes to the legislation in the future.                                                                             
                                                                                                                                
MR. JESSEE encouraged them to pass the bill out of the committee,                                                               
and he hopes it passes this year.  They are planning to begin                                                                   
spending several million dollars of federal funds, and part of what                                                             
they have assured Senator Stevens is that they will have the                                                                    
infrastructure in place to implement these community services.                                                                  
This bill is a very essential part of that effort.                                                                              
                                                                                                                                
Number 0682                                                                                                                     
                                                                                                                                
REPRESENTATIVE BRICE asked Mr. Jessee what the trust authority is                                                               
doing to ensure that hospitals that are currently providing                                                                     
designated evaluation and treatment programs aren't turning away                                                                
people who are in crisis.                                                                                                       
                                                                                                                                
MR. JESSEE answered the number one thing that is being done is the                                                              
attempt to pass this legislation to bring more clarity to the                                                                   
funding role for designated evaluation and treatment.  Once there                                                               
is clarity as to how one component fits into the overall continuum                                                              
of care, then they can start to integrate the other services that                                                               
have to work together in tandem with that.  This bill provides, at                                                              
this point, the best delineation of that for designated evaluation                                                              
and treatment that they have been able to develop.                                                                              
                                                                                                                                
Number 0919                                                                                                                     
                                                                                                                                
JANET CLARK, Director, Division of Administrative Services,                                                                     
Department of Health and Social Services, came forward to testify.                                                              
She reiterated how important designated evaluation and treatment                                                                
are to the long-range plan.  They have developed a five-year plan                                                               
that has three components:  It deals with the building part of API                                                              
and providing a new facility at API; the second component deals                                                                 
with the actual downsizing of the API hospital from 79 to 54 beds,                                                              
and the third piece is the community piece which designated                                                                     
evaluation and treatment is just one piece.                                                                                     
                                                                                                                                
MS. CLARK noted that the fiscal note shows that in fiscal year (FY)                                                             
2000 and FY 2001 they have secured federal funds to reconfigure the                                                             
community mental health system.  She referred them to page 2 of the                                                             
fiscal note.  More than $1 million outlined in the governor's                                                                   
budget are federal funds that would go toward designated evaluation                                                             
and treatment.  Those federal funds are available again in FY 2001                                                              
to fully implement this reconfiguration.  In FY 2002 the federal                                                                
funds are not available, so the DHSS will be back in front of the                                                               
legislature saying now that they have been able to reconfigure                                                                  
services, the legislature will need to consider that funding                                                                    
request at that time.                                                                                                           
                                                                                                                                
Number 1071                                                                                                                     
                                                                                                                                
PAT CLASBY, Alaska State Hospital and Nursing Home Association,                                                                 
came forward to testify in support of HB 162.  They were one of the                                                             
groups at the meetings in the past two weeks.  The committee                                                                    
substitute is a compromise of that group who has met in the last                                                                
two weeks.  They all would probably have liked to have gotten more                                                              
in the bill, but they are proud of the fact that they have a bill                                                               
that they can all agree on and support and hope that the                                                                        
legislature moves it forward.                                                                                                   
                                                                                                                                
Number 1130                                                                                                                     
                                                                                                                                
REPRESENTATIVE BRICE asked how will the hospitals collect their                                                                 
bills on someone who can't pay.  He really is asking them to say                                                                
they would appreciate some sort of sliding fee scale so the                                                                     
hospitals don't end up paying the whole bill.                                                                                   
                                                                                                                                
MS. CLASBY said the hospitals do want to be protected financially                                                               
as they provide the services.  This bill has come a long way to                                                                 
increase the kind of financial situation those hospitals were in                                                                
prior to getting this bill introduced as far as getting reimbursed                                                              
from the state.  Perhaps the Finance Committee can look at that.                                                                
They would have liked a higher income limit.                                                                                    
                                                                                                                                
Number 1309                                                                                                                     
                                                                                                                                
REPRESENTATIVE BRICE made a motion to move CSHB 162, version                                                                    
1-LSO761\H, Lauterbach, 4/29/99, from the committee with individual                                                             
recommendations and attached fiscal notes.                                                                                      
                                                                                                                                
Number 1320                                                                                                                     
                                                                                                                                
CO-CHAIRMAN COGHILL commented that they are expanding an                                                                        
entitlement here.  With the questions and expectations that federal                                                             
government monies are going to come, and they are obligating a                                                                  
future legislature.  He doesn't object to moving it, but he might                                                               
object on the floor.                                                                                                            
                                                                                                                                
CO-CHAIRMAN DYSON added that whatever is ongoing is subject to                                                                  
appropriations by the legislature.  There are no commitments beyond                                                             
that.  There being no objection, CSHB 162(HES) moved from the House                                                             
Health, Education and Social Services Standing Committee.                                                                       
                                                                                                                                
HB 16 - LICENSURE OF ASSISTED LIVING FACILITIES                                                                                 
                                                                                                                                
Number 1368                                                                                                                     
                                                                                                                                
CO-CHAIRMAN DYSON announced the next order of business as House                                                                 
Bill No. 16, "An Act transferring to the Department of Health and                                                               
Social Services the authority to license all assisted living                                                                    
facilities; eliminating the authority of the Department of                                                                      
Administration to license assisted living facilities; and providing                                                             
for an effective date."  He indicated that HB 16 would be held over                                                             
for further hearing.                                                                                                            
                                                                                                                                
ADJOURNMENT                                                                                                                     
                                                                                                                                
Number 1374                                                                                                                     
                                                                                                                                
There being no further business before the committee, the House                                                                 
Health, Education and Social Services Standing Committee meeting                                                                
was adjourned at 4:55 p.m.                                                                                                      

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