Legislature(2017 - 2018)CAPITOL 106

02/20/2018 03:00 PM HEALTH & SOCIAL SERVICES

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Audio Topic
03:08:49 PM Start
03:09:38 PM HB162
03:31:08 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 162 DHSS CENT. REGISTRY;LICENSE;BCKGROUND CHK TELECONFERENCED
Moved CSHB 162(HSS) Out of Committee
-- Public Testimony --
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
      HOUSE HEALTH AND SOCIAL SERVICES STANDING COMMITTEE                                                                     
                       February 20, 2018                                                                                        
                           3:08 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Bryce Edgmon, Vice Chair                                                                                         
Representative Sam Kito                                                                                                         
Representative Geran Tarr                                                                                                       
Representative David Eastman                                                                                                    
Representative Jennifer Johnston                                                                                                
Representative Colleen Sullivan-Leonard                                                                                         
Representative Matt Claman (alternate)                                                                                          
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Ivy Spohnholz, Chair                                                                                             
Representative Dan Saddler (alternate)                                                                                          
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 162                                                                                                              
"An Act relating  to criminal and civil  history requirements and                                                               
a registry  regarding certain licenses,  certifications, appeals,                                                               
and  authorizations  by  the  Department  of  Health  and  Social                                                               
Services; and providing for an effective date."                                                                                 
                                                                                                                                
     - MOVED CSHB 162(HSS) OUT OF COMMITTEE                                                                                     
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 162                                                                                                                  
SHORT TITLE: DHSS CENT. REGISTRY;LICENSE;BCKGROUND CHK                                                                          
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR                                                                                    
                                                                                                                                
03/08/17       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/08/17       (H)       HSS, JUD                                                                                               
01/23/18       (H)       HSS AT 3:00 PM CAPITOL 106                                                                             
01/23/18       (H)       Heard & Held                                                                                           
01/23/18       (H)       MINUTE(HSS)                                                                                            
01/30/18       (H)       HSS AT 3:00 PM CAPITOL 106                                                                             
01/30/18       (H)       Heard & Held                                                                                           
01/30/18       (H)       MINUTE(HSS)                                                                                            
02/15/18       (H)       HSS AT 3:00 PM CAPITOL 106                                                                             
02/15/18       (H)       -- MEETING CANCELED --                                                                                 
02/20/18       (H)       HSS AT 3:00 PM CAPITOL 106                                                                             
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
STACIE KRALY, Chief Assistant Attorney General                                                                                  
Statewide Section Supervisor                                                                                                    
Human Services Section                                                                                                          
Civil Division (Juneau)                                                                                                         
Department of Law                                                                                                               
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:   Answered questions during  discussion of HB                                                             
162.                                                                                                                            
                                                                                                                                
THOMAS GARBER                                                                                                                   
Kenai, Alaska                                                                                                                   
POSITION STATEMENT:  Testified during discussion of HB 162.                                                                   
                                                                                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
3:08:49 PM                                                                                                                  
                                                                                                                              
REPRESENTATIVE TARR  called the House Health  and Social Services                                                             
Standing   Committee    meeting   to    order   at    3:10   p.m.                                                               
[Representative Tarr was  the acting Chair during  the absence of                                                               
Chair   Spohnholz]      Representatives  Tarr,   Edgmon,   Claman                                                               
(alternate),   Johnston,  Sullivan-Leonard,   and  Eastman   were                                                               
present at  the call  to order.   Representative Kito  arrived as                                                               
the meeting was in progress.                                                                                                    
                                                                                                                                
        HB 162-DHSS CENT. REGISTRY;LICENSE;BCKGROUND CHK                                                                    
                                                                                                                                
3:09:38 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TARR announced  that the  only order  of business                                                               
would be  HOUSE BILL NO.  162, "An  Act relating to  criminal and                                                               
civil  history  requirements  and a  registry  regarding  certain                                                               
licenses,  certifications,  appeals,  and authorizations  by  the                                                               
Department of  Health and Social  Services; and providing  for an                                                               
effective date."                                                                                                                
                                                                                                                                
3:10:20 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EDGMON  moved  to adopt  the  proposed  committee                                                               
substitute  (CS)   for  HB  162,  labeled   30-GH1676\J,  Glover,                                                               
2/15/18, as the working draft.                                                                                                  
                                                                                                                                
3:10:34 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TARR objected for discussion.                                                                                    
                                                                                                                                
3:10:41 PM                                                                                                                    
                                                                                                                                
STACIE  KRALY,   Chief  Assistant  Attorney   General,  Statewide                                                               
Section  Supervisor,  Human   Services  Section,  Civil  Division                                                               
(Juneau),  Department of  Law, paraphrased  from  the Summary  of                                                               
Changes in CS [Included in members' packets], which read:                                                                       
                                                                                                                                
     Section  1  contains  the amendment  requested  by  the                                                                    
     Department of  Public Safety to ensure  compliance with                                                                    
     federal  laws  relating  to  the  sharing  of  criminal                                                                    
     history information  with the Department of  Health and                                                                    
     Social Services.                                                                                                           
                                                                                                                                
     Section  2 contains  a technical  fix that  removes the                                                                    
     word  "registry" and  instead  refers  to databases  to                                                                    
     avoid  the concern  raised by  the Ombudsman  regarding                                                                    
     confusion over the term "registry."                                                                                        
                                                                                                                                
     Old  Section 7  was  deleted as  it  was determined  in                                                                    
     consultation  with legislative  legal  the section  was                                                                    
     redundant. It  was determined that keeping  what is now                                                                    
     section 7 in the CS  was sufficient to require relative                                                                    
     placement to have background checks.                                                                                       
                                                                                                                                
     Section  10  is  re-written  to  address  the  concerns                                                                    
     raised  by the  Ombudsman's  office. Specifically,  the                                                                    
     rewrite:                                                                                                                   
                                                                                                                                
     ?  Removes  the  confusion  caused by  using  the  word                                                                    
     "registry." Similar to  Sections 2, 8, 18,  and 21, the                                                                    
     change redefines registry to "databases";                                                                                  
                                                                                                                                
     ?  Clarifies that  we are  looking to  evaluate health,                                                                    
     safety,  and welfare  issues  when reviewing  databases                                                                    
     related to licensed  entities, not technical violations                                                                    
     that   may  lead   to  a   nonrenewal,  suspension   or                                                                    
     revocation of a license;                                                                                                   
                                                                                                                                
     ?  Clarifies that  we are  looking to  identify persons                                                                    
     whose children are  subjects of a child in  need of aid                                                                    
     petition;                                                                                                                  
                                                                                                                                
     ?  Clarifies that  we are  looking to  evaluate health,                                                                    
     safety,  and welfare  issues  when reviewing  databases                                                                    
     related to  licensed providers  (occupational licensing                                                                    
     under AS 08), not unrelated technical violations;                                                                          
                                                                                                                                
     ? Adds  that a  person who  works for  the state    not                                                                    
     just the Department of Health  and Social Services  is                                                                    
     subject to  a barring condition if  they are terminated                                                                    
     from  employment  for  a  substantiated  allegation  of                                                                    
     assaultive, neglectful, or exploitive behavior.                                                                            
                                                                                                                                
     Section 12  is amended as requested  by the Ombudsman's                                                                    
     Office  to clarify  persons who  are seeking  variances                                                                    
     have  access  to  information they  need  to  pursue  a                                                                    
     variance.                                                                                                                  
                                                                                                                                
     Section 14 adds a new  section to effectuate the access                                                                    
     of information under AS 47.10 for variance committees.                                                                     
                                                                                                                                
     Section  17 (former  Section 16)  contains a  technical                                                                    
     fix  that  remove the  word  "registry"  that refer  to                                                                    
     databases  to avoid  confusion  as  articulated by  the                                                                    
     Ombudsman.                                                                                                                 
                                                                                                                                
     Section 19  (former Section  18) removes  the qualifier                                                                    
     of "unsupervised" before "volunteer"  as to persons who                                                                    
     can be  investigated. The Department  wants to  be able                                                                    
     to   investigate  any   volunteer     unsupervised  or                                                                    
     otherwise  who has  engaged in abusive, neglectful, or                                                                    
     exploitative  behavior  against  a child  or  adult  in                                                                    
     care.                                                                                                                      
                                                                                                                                
     Sections  20   is  added  to   this  CS  to   amend  AS                                                                    
     47.32.140(d) to remove the  word "registry" and instead                                                                    
     refer to databases  to avoid the concern  raised by the                                                                    
     Ombudsman   regarding    confusion   over    the   term                                                                    
     "registry."                                                                                                                
                                                                                                                                
     Section 22 (former Section 20)  is amended to add a new                                                                    
     subsection to  clarify that  information can  be shared                                                                    
     with  law enforcement  if that  information  is from  a                                                                    
     concurrent investigation.                                                                                                  
                                                                                                                                
                                                                                                                                
3:15:53 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN  referenced the  concurrent investigations                                                               
mentioned in Section 22 of the  proposed bill and asked about the                                                               
ability  of   the  department  to  share   information  with  law                                                               
enforcement  if  it  was  not  yet  a  concurrent  investigation,                                                               
although there was the possibility.                                                                                             
                                                                                                                                
MS. KRALY explained that, under  the current statutory scheme, it                                                               
was necessary to  obtain a search warrant signed by  a judge or a                                                               
court  order  to  share any  confidential  information  with  law                                                               
enforcement.   She explained that, as  the amendment contemplated                                                               
a criminal allegation or offense  in a licensed facility, and, as                                                               
the  police and  licensing were  both called,  there would  be an                                                               
intersection  of   the  investigations.    She   stated  that  an                                                               
allegation from  the past could  not be turned into  a concurrent                                                               
investigation.                                                                                                                  
                                                                                                                                
REPRESENTATIVE EASTMAN offered an example  and asked if there was                                                               
anything that would keep the  department from reaching out to law                                                               
enforcement  if  there  was  the   possibility  of  a  concurrent                                                               
investigation.                                                                                                                  
                                                                                                                                
MS. KRALY offered her belief  that should the department have the                                                               
impression  that a  crime  had  been committed  and  felt that  a                                                               
report  should be  made to  law enforcement,  there would  not be                                                               
anything to preclude them from making that report.                                                                              
                                                                                                                                
REPRESENTATIVE EASTMAN  asked if  there was a  specific benchmark                                                               
that determined at what point it became an investigation.                                                                       
                                                                                                                                
MS. KRALY  explained that the  department could receive  a number                                                               
of calls  or reports of  allegations that something  had happened                                                               
in a licensed  facility.  At that point, the  department would go                                                               
through  a  qualitative evaluation  of  the  report to  determine                                                               
whether  there was  probable  cause for  an  investigation.   She                                                               
stated  that not  all  reports required  an  investigation.   She                                                               
explained  that  there  would  be a  formal  process  that  could                                                               
trigger an  investigation, and the  agency would then  inform the                                                               
license  provider   that  there   was  an  investigation   to  an                                                               
allegation.                                                                                                                     
                                                                                                                                
3:20:20 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TARR  asked about  the  new  name for  the  civil                                                               
registry.                                                                                                                       
                                                                                                                                
MS. KRALY  explained that  the civil registry  was now  the civil                                                               
history portion  of the criminal  background check, and  that the                                                               
centralized registry  was the database  managed by the  Office of                                                               
Children's Services  (OCS), which kept  track of all  the reports                                                               
of  harm  and protective  services  reports  identifying when  an                                                               
event had  happened.  She  stated that this  centralized registry                                                               
had been  renamed the  Child Protection  database.   She reported                                                               
that  civil databases  had been  identified  through statute  and                                                               
regulation for review.                                                                                                          
                                                                                                                                
REPRESENTATIVE  TARR asked  if civil  databases was  the umbrella                                                               
term for  these various  data bases.   She directed  attention to                                                               
page 10  of the  proposed committee  substitute (CS),  Version J,                                                               
which still spoke about a child protection registry.                                                                            
                                                                                                                                
MS. KRALY  explained that this  was one of  the data bases  to be                                                               
reviewed for purposes of the civil history data base check.                                                                     
                                                                                                                                
3:23:01 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TARR  removed  her  objection.   There  being  no                                                               
further objection, Version J was adopted as the working draft.                                                                  
                                                                                                                                
3:23:26 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TARR opened public testimony.                                                                                    
                                                                                                                                
3:24:07 PM                                                                                                                    
                                                                                                                                
THOMAS  GARBER expressed  his  concern with  the  due process  of                                                               
civil rights and  shared a personal anecdote  about his challenge                                                               
and interaction with the judicial law and OCS systems.                                                                          
                                                                                                                                
3:30:15 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TARR closed public testimony.                                                                                    
                                                                                                                                
3:30:42 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EDGMON  moved to  report  CSHB  162, Version  30-                                                               
GH1676\J,  Glover,  2/15/18,  out of  committee  with  individual                                                               
recommendations  and the  accompanying zero  fiscal note.   There                                                               
being  no  objection, CSHB  162(HSS)  was  moved from  the  House                                                               
Health and Social Services Standing Committee.                                                                                  
                                                                                                                                
3:31:08 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no further business before the committee, the House                                                                 
Health and Social Services Standing Committee meeting was                                                                       
adjourned at 3:31 p.m.                                                                                                          

Document Name Date/Time Subjects
HB 162 Fiscal Note DHSS-HCS 01.22.18.pdf HHSS 1/23/2018 3:00:00 PM
HHSS 2/20/2018 3:00:00 PM
HB 162
HB162 Governor Transmittal Letter 1.22.18.pdf HHSS 1/23/2018 3:00:00 PM
HHSS 2/20/2018 3:00:00 PM
HB 162
HB 162 Fiscal Note DPS-SS 01.22.18.pdf HHSS 1/23/2018 3:00:00 PM
HHSS 2/20/2018 3:00:00 PM
HB 162
HB162 Sectional Analysis ver A 1.19.18.pdf HHSS 1/23/2018 3:00:00 PM
HHSS 2/20/2018 3:00:00 PM
HB 162
HB162 Supporting Document-FAQs on Background Checks 1.19.18.pdf HHSS 1/23/2018 3:00:00 PM
HHSS 2/20/2018 3:00:00 PM
HB 162
HB162 Supporting Documents-Proposed Background Check Process 1.22.18.pdf HHSS 1/23/2018 3:00:00 PM
HHSS 2/20/2018 3:00:00 PM
HB 162
HB162 SB81 - FAQs 050317.pdf HHSS 2/20/2018 3:00:00 PM
SHSS 2/2/2018 1:30:00 PM
SHSS 3/16/2018 1:30:00 PM
HB 162
SB 81
HB162 SB81 - Sectional 050317.pdf HHSS 2/20/2018 3:00:00 PM
SHSS 2/2/2018 1:30:00 PM
HB 162
SB 81
HB 162 amendment Dept of Public Safety (SB 81) 30-GH1676 A.1.pdf HHSS 2/20/2018 3:00:00 PM
SHSS 2/2/2018 1:30:00 PM
HB 162
SB 81
HB 162 CS vers. J 2.19.2018.pdf HHSS 2/20/2018 3:00:00 PM
HB 162
HB162 - Summary of Changes to CS HB 162 v J Feb 20 2018.pdf HHSS 2/20/2018 3:00:00 PM
HB 162