Legislature(2017 - 2018)GRUENBERG 120

04/25/2018 01:05 PM JUDICIARY

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Audio Topic
01:06:17 PM Start
01:06:46 PM SB81
01:56:26 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ SB 81 DHSS CENT. REGISTRY;LICENSE;BCKGROUND CHK TELECONFERENCED
Heard & Held
-- Public Testimony --
                    ALASKA STATE LEGISLATURE                                                                                  
               HOUSE JUDICIARY STANDING COMMITTEE                                                                             
                         April 25, 2018                                                                                         
                           1:06 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Matt Claman, Chair                                                                                               
Representative Jonathan Kreiss-Tomkins, Vice Chair                                                                              
Representative David Eastman                                                                                                    
Representative Chuck Kopp                                                                                                       
Representative Lora Reinbold                                                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Louise Stutes                                                                                                    
Representative Gabrielle LeDoux                                                                                                 
Representative Charisse Millett (alternate)                                                                                     
Representative Tiffany Zulkosky (alternate)                                                                                     
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
CS FOR SENATE BILL NO. 81(HSS)                                                                                                  
"An Act relating to criminal  and civil history record checks and                                                               
requirements; relating to  licenses, certifications, appeals, and                                                               
authorizations by  the Department of Health  and Social Services;                                                               
relating to  child protection information;  and providing  for an                                                               
effective date."                                                                                                                
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SB  81                                                                                                                  
SHORT TITLE: DHSS CENT. REGISTRY;LICENSE;BCKGROUND CHK                                                                          
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR                                                                                    
                                                                                                                                
03/08/17       (S)       READ THE FIRST TIME - REFERRALS                                                                        
03/08/17       (S)       HSS, JUD                                                                                               
02/02/18       (S)       HSS AT 1:30 PM BUTROVICH 205                                                                           
02/02/18       (S)       Heard & Held                                                                                           
02/02/18       (S)       MINUTE(HSS)                                                                                            
02/05/18       (S)       HSS AT 1:30 PM BUTROVICH 205                                                                           
02/05/18       (S)       -- MEETING CANCELED --                                                                                 
03/14/18       (S)       HSS AT 1:30 PM BUTROVICH 205                                                                           
03/14/18       (S)       Heard & Held                                                                                           
03/14/18       (S)       MINUTE(HSS)                                                                                            
03/16/18       (S)       HSS AT 1:30 PM BUTROVICH 205                                                                           
03/16/18       (S)       Moved CSSB 81(HSS) Out of Committee                                                                    
03/16/18       (S)       MINUTE(HSS)                                                                                            
03/19/18       (S)       HSS RPT CS  2DP 2NR   NEW TITLE                                                                        
03/19/18       (S)       NR: WILSON, MICCICHE                                                                                   
03/19/18       (S)       DP: BEGICH, VON IMHOF                                                                                  
04/16/18       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
04/16/18       (S)       <Above Item Removed from Agenda>                                                                       
04/16/18       (S)       MINUTE(JUD)                                                                                            
04/18/18       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
04/18/18       (S)       Heard & Held                                                                                           
04/18/18       (S)       MINUTE(JUD)                                                                                            
04/19/18       (S)       JUD RPT CS(HSS)  1DP 3NR                                                                               
04/19/18       (S)       DP: COGHILL                                                                                            
04/19/18       (S)       NR: WIELECHOWSKI, SHOWER, KELLY                                                                        
04/19/18       (S)       JUD AT 9:00 AM BELTZ 105 (TSBldg)                                                                      
04/19/18       (S)       Moved CSSB 81(HSS) Out of Committee                                                                    
04/19/18       (S)       MINUTE(JUD)                                                                                            
04/20/18       (S)       TRANSMITTED TO (H)                                                                                     
04/20/18       (S)       VERSION: CSSB 81(HSS)                                                                                  
04/23/18       (H)       READ THE FIRST TIME - REFERRALS                                                                        
04/23/18       (H)       JUD                                                                                                    
04/25/18       (H)       JUD AT 1:05 PM GRUENBERG 120                                                                           
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
STACIE KRALY, Chief Assistant Attorney General                                                                                  
Statewide Section Supervisor                                                                                                    
Human Services Section                                                                                                          
Civil Division (Juneau)                                                                                                         
Department of Law (DOL)                                                                                                         
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  During the hearing of CSSB 81, offered an                                                                
overview and a detailed sectional analysis of the legislation,                                                                  
and answered questions.                                                                                                         
                                                                                                                                
REPRESENTATIVE TAMMIE WILSON                                                                                                    
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  During the hearing of CSSB 81, testified                                                                 
regarding barrier conditions and the legislation.                                                                               
                                                                                                                                
MARGARET BRODIE, Director                                                                                                       
Division of Healthcare Services                                                                                                 
Department of Health and Social Services                                                                                        
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT:   During the  hearing of  CSSB 81,  answered                                                             
questions.                                                                                                                      
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:06:17 PM                                                                                                                    
                                                                                                                                
CHAIR MATT  CLAMAN called the House  Judiciary Standing Committee                                                             
meeting to order  at 1:06 p.m. Representatives   Claman, Eastman,                                                               
Kopp, Reinbold,  and Kreiss-Tomkins were  present at the  call to                                                               
order.                                                                                                                          
                                                                                                                                
                                                                                                                                
        SB  81-DHSS CENT. REGISTRY;LICENSE;BCKGROUND CHK                                                                    
                                                                                                                                
1:06:46 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN announced  that the only order of  business would be                                                               
CS FOR SENATE BILL NO. 81(HSS),  "An Act relating to criminal and                                                               
civil  history  record  checks   and  requirements;  relating  to                                                               
licenses,  certifications,  appeals,  and authorizations  by  the                                                               
Department  of  Health and  Social  Services;  relating to  child                                                               
protection information; and providing for an effective date."                                                                   
                                                                                                                                
1:07:26 PM                                                                                                                    
                                                                                                                                
STACIE  KRALY,   Chief  Assistant  Attorney   General,  Statewide                                                               
Section  Supervisor,  Human   Services  Section,  Civil  Division                                                               
(Juneau), Department of Law (DOL),  advised that this legislation                                                               
was crafted  because participation  in federal programs,  such as                                                               
Medicare  and Title  40  for foster  care,  requires that  states                                                               
conduct background checks for licensure  and payment of services.                                                               
Alaska statutes  have required background checks  for all persons                                                               
paid in whole  or in part by the Department  of Health and Social                                                               
Services   (DHSS)   since  2005.      Apart   from  the   federal                                                               
requirements, she advised,  DHSS wants to make  sure our children                                                               
and  vulnerable adults  are safe,  and that  those watching  over                                                               
them have not engaged in  any abusive or neglectful behavior that                                                               
puts the state's most vulnerable  people at risk of exploitation.                                                               
In  2010/2011  DHSS,  the  Department   of  Law  (DOL,)  and  the                                                               
Ombudsman's Office,  identified a  number of  issues in  the 2005                                                               
adopted  framework  related  to  the civil  history  check,  this                                                               
legislation cleans  up those concerns  and clarifies  the process                                                               
for  the public  and the  individuals  at DHSS  who operate  this                                                               
program.                                                                                                                        
                                                                                                                                
MS.  KRALY  advised that  this  bill  will improve  fairness  for                                                               
applicants without  compromising the health, safety,  and welfare                                                               
of   the  recipients   who  receive   services   by  fixing   the                                                               
redundancies    and   loopholes    in   the    current   statute.                                                               
Specifically,  she  noted, this  bill  clarifies  that the  civil                                                               
history  check is  a  check of  already  existing registries  and                                                               
databases.  The  current statute contemplates that  the DHSS will                                                               
create   a  standalone   civil  history   registry,  except   the                                                               
department has not  created that database due to  the expense and                                                               
redundancy  of having  such a  database.   This legislation  will                                                               
clarify that  the background  check process  applies not  only to                                                               
the entities  licensed by  the state,  but also  as to  those who                                                               
work  for  those entities.    The  current statute  contains  two                                                               
registries, a Central Registry and  a Centralized Registry.  This                                                               
legislation will remove confusion  and identify that one registry                                                               
is a  Civil History Database  check, and  the other is  the Child                                                               
Protection Registry.                                                                                                            
                                                                                                                                
1:10:05 PM                                                                                                                    
                                                                                                                                
MS. KRALY  advised that this  legislation will clarify  the types                                                               
of civil  offenses subject  to a  Civil History  Database review,                                                               
and  the  focus is  on  those  offenses that  jeopardize  health,                                                               
safety, and  welfare, rather than  technical violations  such as,                                                               
failure to turn in paperwork.   She offered that this legislation                                                               
will amend  the existing  licensing statutes  under AS  47.32, by                                                               
addressing  the licensing  function  of DHSS.   These  amendments                                                               
include:  clarifying  what   constitutes  an  enforcement  action                                                               
requiring  an  evidentiary  hearing; allows  licensing  to  share                                                               
information automatically with law  enforcement agencies in joint                                                               
investigations;   allows  all   DHSS  divisions   with  licensing                                                               
functions to  share information  with each  other; and  it allows                                                               
the division  to investigate individual  employees of  a licensed                                                               
facility, and not just the  entity, for behavior that constitutes                                                               
abuse, neglect or  exploitation of a person or  resident in care.                                                               
The  goal is  to  catch  the bad  actor,  which  sometimes is  an                                                               
individual employee and not the employer.                                                                                       
                                                                                                                                
1:11:15 PM                                                                                                                    
                                                                                                                                
MS.  KRALY   paraphrased  the   sectional  analysis   as  follows                                                               
[original punctuation provided]:                                                                                                
                                                                                                                                
     Section 1.  Amends Title 12  of the Alaska  statutes to                                                                  
     bring   the  Department   of  Public   Safety  criminal                                                                    
     background check  process into compliance  with federal                                                                    
     law; specifically, this  amendment allows public safety                                                                    
     to   share  criminal   history  information   with  the                                                                    
     Department of Health and Social Services.                                                                                  
                                                                                                                              
     Section  2.  This  section makes  conforming  edits  to                                                                  
     rename  "Centralized   Registry"  to  the   "the  civil                                                                    
     history   database  check"   (AS  47.05.330)   to  more                                                                    
     accurately  describe the  current  practice and  avoids                                                                    
     confusion  with  the  "the   central  registry"  in  AS                                                                    
     47.17.040 (see section 14).                                                                                                
                                                                                                                              
     Sections  3  and  4.  These  sections  would  amend  AS                                                                  
     47.05.310(b) and  47.32.310(d) to clarify  that barrier                                                                    
     crimes apply to individuals as well as entities.                                                                           
                                                                                                                              
     Section 5. This section  would amend AS 47.05.310(e) to                                                                  
     allow an  individual to seek a  background check. Under                                                                    
     the current  law, only entities  can seek  a background                                                                    
     check. This  section would also remove,  at the request                                                                    
     of the Department of Public  Safety, the designation of                                                                    
     the Department of Health and  Social Services (DHSS) as                                                                    
     a   criminal  justice   agency  for   purpose  of   the                                                                    
     background check program. (see also section 1).                                                                            
                                                                                                                              
     Section 6. This section  would amend AS 47.05.310(f) to                                                                  
     make  it  clear   that  DHSS  may     in  addition  to                                                                    
     exceptions to the barrier crime  provisions  approve a                                                                    
     variance for a barrier crime.                                                                                              
                                                                                                                              
     Section 7. This section  would amend AS 47.05.310(h) to                                                                  
     address  how   a  non-licensed  provider,  such   as  a                                                                    
     relative  who is  receiving payment  by  the Office  of                                                                    
     Children's  Services,  is  treated under  the  statute.                                                                    
     This   amendment  would   make  it   clear  that   such                                                                    
     providers,  while not  being paid  by  DHSS, are  still                                                                    
     subject to background checks prior to placement.                                                                           
                                                                                                                                
1:13:14 PM                                                                                                                    
                                                                                                                                
MS. KRALY  advised that Section  8 is  new section in  this bill,                                                               
but it  exists in the original  legislative scheme, it not  a new                                                               
concept.   Ms. Kraly continued paraphrasing  as follows [original                                                               
punctuation provided]:                                                                                                          
                                                                                                                              
     Section 8. This  section would add a new  section to AS                                                                  
     47.05.310 to  address immunity  from civil  or criminal                                                                    
     liability  for reporting  during  the background  check                                                                    
     process.                                                                                                                   
                                                                                                                              
     Section  9.  This  section   would  provide  a  similar                                                                  
     framework  for the  civil  history  database checks  as                                                                    
     background checks  (see AS 47.05.310). This  means that                                                                    
     the same  process applies to  a person who is  found to                                                                    
     have a  barring criminal conviction under  AS 47.05.310                                                                    
     as well as a barring civil finding under AS 47.05.330.                                                                     
                                                                                                                                
1:13:50 PM                                                                                                                    
                                                                                                                                
MS. KRALY advised  that Section 10 is a major  change, and it was                                                               
crafted in consultation  with the Ombudsman's Office,  as well as                                                               
the House Health  and Social Services Standing  Committee and the                                                               
Senate Health and Social Services  Standing Committee.  Ms. Kraly                                                               
continued   paraphrasing   as   follows   [original   punctuation                                                               
provided]:                                                                                                                      
                                                                                                                                
     Section  10.  This  section would  repeal  and  reenact                                                                  
     current  statute to  outline  how  the department  will                                                                    
     review  existing   databases,  rather  than   create  a                                                                    
     separate database  for the  civil history  checks. This                                                                    
     section  further  provides  that  information  reviewed                                                                    
     would be  confidential and is  not subject to  a public                                                                    
     records request. Specifically, this section:                                                                               
                                                                                                                                
          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  11.  This  would amend  the  current  immunity                                                                  
     section  to   reflect  the  change  to   civil  history                                                                    
     database check.                                                                                                            
                                                                                                                                
     Section  12.  This would  establish  a  new section  to                                                                  
     address the ability to seek  a variance for any finding                                                                    
     under  this chapter  and how  to appeal  a decision  if                                                                    
     there is  disagreement with any decision  made by DHSS,                                                                    
     including   providing  a   legal  mechanism   to  share                                                                    
     information held  by the Office of  Children's Services                                                                    
     for proposes of pursing a variance.                                                                                        
                                                                                                                                
     Section 13.  This section  would amend  AS 47.05.390(6)                                                                  
     to  expand the  definition  of "entity"  to include  an                                                                    
     individual service provider.                                                                                               
                                                                                                                                
     Section  14. This  section  amends  AS 47.10.093(b)  to                                                                  
     allow for the sharing  of information in the possession                                                                    
     of OCS that  will be necessary to pursue  a variance as                                                                    
     provided in section 12 of this bill.                                                                                       
                                                                                                                                
     Section  15.  This  section would  rename  the  central                                                                  
     registry  maintained   by  the  Office   of  Children's                                                                    
     Services to  the "child  protection registry"  to avoid                                                                    
     confusion.  It also  clarifies  what  is maintained  on                                                                    
     this registry,  including substantiated  findings under                                                                    
     AS 47.10 or AS 47.17.                                                                                                      
                                                                                                                                
     Section  16. This  new  subsection  would clarify  that                                                                  
     before  a substantiated  finding can  be placed  on the                                                                    
     child protection  registry, the  person must  have been                                                                    
     afforded notice  of the finding and  the opportunity to                                                                    
     challenge the finding.                                                                                                     
                                                                                                                                
1:16:29 PM                                                                                                                    
                                                                                                                                
     Section 17. This section would make a conforming edit                                                                    
     to AS 47.32.010(c) replacing the centralized registry                                                                      
     with civil history database check.                                                                                         
                                                                                                                                
     Section 18. This section would amend AS 47.32 to                                                                         
     provide authority for DHSS to consider prior adverse                                                                       
     licensing findings in determining whether to grant or                                                                      
     deny a license or whether to place a condition on a                                                                        
     license.                                                                                                                   
                                                                                                                                
     Section 19.  This would  add a new  section to  make it                                                                  
     clear  that  when  there  is   an  allegation  that  an                                                                    
     employee  or  individual  affiliated  with  a  licensed                                                                    
     entity is alleged to have  engaged in any behavior that                                                                    
     would impact the  safety or welfare of  a resident, the                                                                    
     department may investigate that  individual and issue a                                                                    
     report  on the  findings  of  that investigation.  This                                                                    
     section  would further  provide  that if  a finding  of                                                                    
     abuse  or neglect  is substantiated  then that  finding                                                                    
     will  be part  of the  civil registry  process and  may                                                                    
     result in a person  being prohibited from employment or                                                                    
     licensure in  the future. This section  would also make                                                                    
     it clear  that before such  a finding can be  used, due                                                                    
     process must be afforded.                                                                                                  
                                                                                                                                
     Section  20.  This  is  technical  fix  to  rename  the                                                                  
     "registry" to the "civil history database."                                                                                
                                                                                                                                
     Section 21.  This is technical  fix that  would clarify                                                                  
     when formal  hearings are required when  an enforcement                                                                    
     action is taken after a licensing investigation.                                                                           
                                                                                                                                
     Section 22.  This would  add a  new section  to clarify                                                                  
     that  when law  enforcement  is  investigating a  crime                                                                    
     that is also the  subject of a licensing investigation,                                                                    
     the material  gathered by DHSS  may be shared  with the                                                                    
     law  enforcement as  a matter  of law  in a  concurrent                                                                    
     investigation.                                                                                                             
                                                                                                                                
1:18:00 PM                                                                                                                    
                                                                                                                                
     Section  23.  This  section   would  clarify  that  all                                                                  
     divisions who implement AS  47.32 may share information                                                                    
     with each  other for the  purpose of  administering the                                                                    
     licensing programs at DHSS.                                                                                                
                                                                                                                                
     Section  24. This  section  would  repeal reference  to                                                                  
     provisions  of  the  current law  that  are  no  longer                                                                    
     necessary as  a result  of the  prior sections  of this                                                                    
     bill.                                                                                                                      
                                                                                                                                
     Section  25.  This  is  an  applicability  section  for                                                                  
     purposes of applying the  criminal and civil background                                                                    
     checks before, on, or after  the effective date of this                                                                    
     act.                                                                                                                       
                                                                                                                                
     Section  26.  This  section would  advise  the  revisor                                                                  
     regarding title  changes to reflect amendments  in this                                                                    
     act, including the change to  include the civil history                                                                    
     registry.                                                                                                                  
                                                                                                                                
     Section 27. This provides for an immediate effective                                                                     
     date.                                                                                                                      
                                                                                                                                
1:18:56 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KOPP  asked Ms. Kraly  to describe  the difference                                                               
between the Central Registry and the Centralized Registry.                                                                      
                                                                                                                                
MS.  KRALY  responded  that  the   Centralized  Registry  is  the                                                               
registry that is contemplated under  the background check process                                                               
by the  Department of Health  and Social Services (DHSS),  and it                                                               
is envisioned to  be a review of civil history  matters that have                                                               
arisen in  a person's history.   Including, for example,  some of                                                               
"the things we  look at;" the Certified Nurses  Aid registry; the                                                               
Office  of  Inspector  General's federal  database  dealing  with                                                               
Medicare  and  Medicaid  exclusions;  and   so  forth.    It  was                                                               
contemplated that  DHSS would, at  some point, gather all  of the                                                               
existing information in  all of these other  databases and upload                                                               
that information into a standalone  database.  The database would                                                               
include  all  of  those   civil  history  backgrounds,  licensing                                                               
violations, Child-in-Need-of-Aid  (CINA) findings, and  so forth,                                                               
she explained.                                                                                                                  
                                                                                                                                
1:20:28 PM                                                                                                                    
                                                                                                                                
MS. KRALY explained  that the Central Registry is  found under AS                                                               
47.17,  and it  is basically  the Office  of Children's  Services                                                               
(OCS),  Online  Resource  for  the   Children  of  Alaska  (ORCA)                                                               
database,  which   is  its  case   management  database.     This                                                               
legislation  proposes   that  since   DHSS  is  not   creating  a                                                               
centralized  registry or  a standalone  registry, DHSS  asks that                                                               
the statute reflect  that it will look at  already existing Civil                                                               
History Databases.  Ms. Kraly  referred to a document titled, "SB                                                               
81 (Centralized Registry; Background  Checks)" and noted that the                                                               
existing  Civil History  Databases  are identified  in that  flow                                                               
chart.   The DHSS also  recommends renaming the  Central Registry                                                               
for OCS  to the Child Protection  Registry, which is a  much more                                                               
clarifying name for  that database and registry.   She added that                                                               
it  includes all  of the  records OCS  maintains for  purposes of                                                               
federal compliance.                                                                                                             
                                                                                                                                
1:21:28 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KOPP referred  to  the  Centralized Registry  and                                                               
asked whether  there must  be a  finding of  guilt that  a person                                                               
either  exploited a  vulnerable adult  or a  minor, or  committed                                                               
Medicaid  fraud,  or had  a  licensure  action against  them,  or                                                               
whether they  would be added  to the Centralized Registry  due to                                                               
any complaint leading to one of those investigations.                                                                           
                                                                                                                                
MS. KRALY answered that the  only offenses DHSS reviews under the                                                               
Centralized  Registry or  the Civil  History  Database check  are                                                               
those findings that have been  fully adjudicated through a formal                                                               
process, wherein a complaint is  not sufficient to have a barring                                                               
condition.  She explained that  it must be something where notice                                                               
is provided and  there is either an opportunity  to challenge and                                                               
they fail  to challenge,  or the person  challenged it  and lost,                                                               
and that  becomes a final  decision.   For example, she  said, if                                                               
there is  a licensing action  on a Civil History  Database check,                                                               
the  person would  have been  provided  notice of  the report  of                                                               
investigation,  given the  opportunity to  challenge and  present                                                               
evidence  in  an administration  hearing  to  rebut the  evidence                                                               
against them.   In the  event the person  was to prevail  in that                                                               
hearing,  the person  would not  be on  any sort  of registry  or                                                               
database that DHSS checks.  In  the event the person lost at that                                                               
hearing  and  that  finding was  affirmed  by  an  administrative                                                               
hearing officer or a superior  court judge, that would be subject                                                               
to review and a finding, she explained.                                                                                         
                                                                                                                                
1:23:00 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KOPP  referred to  the Central Registry  and asked                                                               
whether an  allegation alone, even if  unsubstantiated, would put                                                               
someone on the registry as far as going forward.                                                                                
                                                                                                                                
MS. KRALY answered  that as a matter of  federal requirements, an                                                               
allegation is  maintained on  the Central  Registry or  the Child                                                               
Protection Registry, but  as to whether it  constitutes a barring                                                               
condition,  which would  be subject  to other  review under  this                                                               
legislative scheme,  it can only get  to that point if  there had                                                               
been the due process considerations she previously identified.                                                                  
                                                                                                                                
1:24:06 PM                                                                                                                    
                                                                                                                                
CHAIR  CLAMAN  noted  that  Ms.  Kraly  talked  about  a  Central                                                               
Registry  and a  Centralized Registry,  and a  registry that  was                                                               
supposed to  be created  under the existing  statutes but  due to                                                               
cost  reasons it  was not  created.   He requested  clarification                                                               
about what  was supposed to  be have  been created, what  was not                                                               
created, what  is being  taken out,  and what  the state  will be                                                               
left with if this legislation passes.                                                                                           
                                                                                                                                
MS. KRALY replied  that the Centralized Registry  is the registry                                                               
of civil  history information,  which is  the registry  that DHSS                                                               
never created.   This legislation will remove  the requirement or                                                               
the inference  that such  a massive database  exists, and  in its                                                               
place, DHSS  will have  identified that  it will  review existing                                                               
Civil History Databases,  and those databases listed  on the flow                                                               
sheet  are the  list  of  registries DHSS  would  review in  that                                                               
context.  She reiterated that  the Centralized Registry was never                                                               
created and DHSS  does not want to create  a Centralize Registry.                                                               
This legislation  would remove that inference,  that expectation,                                                               
and  substitute  the  Civil  History   Database  check  for  that                                                               
premise, she further reiterated.                                                                                                
                                                                                                                                
1:25:36 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN noted  that in CSSB 81, Sec. 15,  page 10, lines 19-                                                               
22, there is reference to a  Child Protection Registry.  He asked                                                               
what  the  Child Protection  Registry  is,  distinct from  APSIN,                                                               
CourtView, and JOMIS.                                                                                                           
                                                                                                                                
MS. KRALY  responded that  the Child  Protection Registry  is the                                                               
Online Resource for  the Children of Alaska  (ORCA) OCS database,                                                               
listed in  the flow chart  as "ORCA/Prober."  She  explained that                                                               
DHSS is  simply renaming the  registry from the  Central Registry                                                               
to  the   Child  Protection   Registry;  thereby,   more  clearly                                                               
identifying to the public that  the information contained in that                                                               
database is child protection information.                                                                                       
                                                                                                                                
CHAIR  CLAMAN asked  whether that  is  a registry  the state  has                                                               
already created.                                                                                                                
                                                                                                                                
MS.  KRALY  replied that  it  is  a  registry  that exists  as  a                                                               
requirement  of federal  law, it  is the  ORCA database  that OCS                                                               
uses  to manage  its case  management and  it contains  all child                                                               
protection and child welfare information obtained through OCS.                                                                  
                                                                                                                                
CHAIR  CLAMAN  surmised  that  this  legislation  is  calling  on                                                               
creating that database.                                                                                                         
                                                                                                                                
MS.  KRALY  replied  that  it  already  exists,  DHSS  is  simply                                                               
renaming the registry.                                                                                                          
                                                                                                                                
1:26:50 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE REINBOLD  noted that  this legislative  session is                                                               
at  day  100,  it  is  a special  session,  and  asked  why  this                                                               
legislation, why at this time, and why is it such a priority.                                                                   
                                                                                                                                
MS.  KRALY reiterated  that DHSS  identified a  number of  issues                                                               
within  the   existing  statutory   scheme,  those   issues  were                                                               
developed  and  discussed,  and there  is  a  robust  Ombudsman's                                                               
Report regarding  the civil history  or the  Centralized Registry                                                               
portion of  the statutory scheme.   The report includes  a number                                                               
of  critical findings  as  to  how that  system  is  set up,  and                                                               
problems with  the statute,  she offered.   Since 2011,  DHSS has                                                               
worked  collaboratively with  the Ombudsman's  Office, DHSS,  and                                                               
within  the  Department of  Law  (DOL),  to  do what  they  could                                                               
through regulation,  practice, policy,  and protocol.   There are                                                               
certain  things in  the statute  that  DHSS believes  need to  be                                                               
fixed which  are just fundamental  flaws.  She  acknowledged that                                                               
it is late in  the session, but DHSS is two-thirds  of the way to                                                               
the  goal  line  and  it  would  be  helpful  to  the  folks  the                                                               
department regulates, as  well as to the individuals  of DHSS who                                                               
administer these programs,  to have these issues  clarified.  The                                                               
department  wanted  these  changes  for  many  years,  and  while                                                               
realizing  that  it   is  late  in  the  day,   it  believes  the                                                               
legislation is critical to good government, she related.                                                                        
                                                                                                                                
1:28:42 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  REINBOLD commented  that  she is  happy "you  are                                                               
doing  this today,  but my  people are  wondering why."   Vehicle                                                               
theft  has  now  surpassed  last  year and,  she  asked,  why  is                                                               
addressing  this  legislation  now more  important  than  vehicle                                                               
theft.                                                                                                                          
                                                                                                                                
CHAIR CLAMAN  interjected that  Ms. Kraly does  not work  for the                                                               
criminal division.                                                                                                              
                                                                                                                                
MS.  KRALY  responded  that  she is  interested  in  seeing  this                                                               
legislation move forward  for the reasons she  had identified and                                                               
because  it  will  be  helpful  to  her  office,  DHSS,  and  the                                                               
individuals DHSS regulates.                                                                                                     
                                                                                                                                
1:29:49 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KREISS-TOMKINS  referred  to  federal  background                                                               
checks and  submitting fingerprints  to the  FBI, and  noted that                                                               
two bills  have come through  this committee that relate  to this                                                               
subject.   He asked that in  the domain of this  legislation what                                                               
the fingerprinting  requirements are, if  any, for people  on the                                                               
federal level  for submission  to the  FBI.   He referred  to the                                                               
flow chart,  criminal history check flowing  to fingerprint-based                                                               
criminal history at  the state and national/FBI  level, and asked                                                               
whether   there  are   any  recurring   fingerprint  requirements                                                               
currently in statute or changed in this legislation.                                                                            
                                                                                                                                
MS. KRALY asked whether  Representative Kreiss-Tomkins was asking                                                               
whether  there  are  any  recurring   or  duplications  to  those                                                               
requirements.    She   said  she  was  unsure   anyone  from  the                                                               
Department of Public Safety (DPS)  was available online to answer                                                               
questions,  but her  understanding  is  that a  fingerprint-based                                                               
background check is ... a  criminal history check contemplates an                                                               
array of  things, such  as a state  history check  through APSIN,                                                               
and  the federal  fingerprint  database.   She  explained that  a                                                               
person submits  their fingerprints  to the  FBI through  the DPS,                                                               
the FBI runs the fingerprints  and sends that information back to                                                               
DPS, and  DPS, by  virtue of  how this system  is set  up, shares                                                               
that information with DHSS.                                                                                                     
                                                                                                                                
CHAIR CLAMAN explained to  Representative Kreiss-Tomkins that "in                                                               
some  of the  earlier bills  that we  were authorizing  non-state                                                               
agency --  we were authorizing  certain state agencies  to submit                                                               
fingerprint  requests  here  because  the  Department  of  Public                                                               
Safety is the  one that is submitting the request,  we don't need                                                               
to give  them authority  because they already  have it  to submit                                                               
the fingerprints."                                                                                                              
                                                                                                                                
1:32:18 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KREISS-TOMKINS  asked whether  Ms. Kraly  is aware                                                               
of any recurring requirements for  background checks to be re-run                                                               
on a  federal level every  five years  or ten years,  or whatever                                                               
frequency.                                                                                                                      
                                                                                                                                
MS. KRALY  answered that the  DHSS background system is  good for                                                               
six-years; however, there  is a requirement at  the federal level                                                               
that  a   criminal  background   check  or   a  fingerprint-based                                                               
background check is  not basically a "one  off," new fingerprints                                                               
must be  submitted if a certain  period of time has  passed, or a                                                               
person is seeking employment, or  authorization, or permission to                                                               
do  something  that  is  not related  to  the  original  request.                                                               
Therefore, she said, there is  a requirement to, at times, submit                                                               
more than one fingerprint card even  if the person is applying to                                                               
be a teacher and applying to  be a foster parent, they would have                                                               
to submit two  fingerprint-based requests in order  to obtain the                                                               
federal approvals because it is a federal requirement.                                                                          
                                                                                                                                
1:33:36 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KREISS-TOMKINS asked  Ms. Kraly  to clarify  what                                                               
she meant  by her  statement that the  DHSS background  system is                                                               
good for six-years.                                                                                                             
                                                                                                                                
MS. KRALY clarified  that as a matter of  efficiency and process,                                                               
the DHSS requires a new  fingerprint-based background check every                                                               
six years.   Except, she explained, that is  a different standard                                                               
than what  the federal government  may require, that is  just for                                                               
this program.  In the event  "you are doing something that is not                                                               
regulated  by this,  you may  have to  submit a  background check                                                               
more frequently than that," she said.                                                                                           
                                                                                                                                
1:34:19 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN opened public testimony on CSSB 81.                                                                                
                                                                                                                                
1:34:36 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TAMMIE  WILSON, Alaska State  Legislature, advised                                                               
that  her  office  performed work  on  "barrier  conditions"  and                                                               
because  this  bill  will  not  come  before  the  House  Finance                                                               
Committee,  she wanted  to put  statements on  the record  in the                                                               
House Judiciary  Standing Committee.   She  referred to  CSSB 81,                                                               
Sec.  6, AS  47.05.310(f)  page  3, lines  23-25,  which read  as                                                               
follows:                                                                                                                        
                                                                                                                                
          (f) The  provisions of this  section do  not apply                                                                    
     if   the  department   grants  an   exception  from   a                                                                    
     requirement  of   (a)-(e)  of  this  section   under  a                                                                    
     regulation  adopted   by  the  department  or   if  the                                                                
     department grants a variance under AS 47.05.360.                                                                       
                                                                                                                                
REPRESENTATIVE WILSON  asked whether  the exemption  that someone                                                               
could be  granted would  be a permanent  exemption.   She offered                                                               
the following example: a young  mother got into trouble, possibly                                                               
a fight  or whatever, and  OCS removed  her child from  the home.                                                               
The young  mother then completed  whatever type of  treatment she                                                               
needed, she did  everything she was supposed to do  and her child                                                               
was returned to  her.  Representative Wilson described  that as a                                                               
barrier condition,  except the  mother didn't  think about  it at                                                               
the time because she was distressed.   Twenty years later, one of                                                               
her children has  an issue and the parents need  grandma to watch                                                               
the  child while  they go  through  those same  issues with  OCS.                                                               
Except,  the grandmother  is  denied because  she  has a  barrier                                                               
condition that  goes with her  for life,  it is a  life sentence.                                                               
She described that a barrier  condition is unlike a barrier crime                                                               
wherein  if a  person commits  specific  crimes, it  is on  their                                                               
record for a certain number of  years.  This legislation does put                                                               
some  question  to the  variance  position,  but currently  if  a                                                               
person  decides they  want to  work  in a  childcare facility,  a                                                               
background  check is  performed.   The background  check revealed                                                               
that the  person had a  substantiated OCS case  because something                                                               
had gone wrong  at one point in that person's  life, and now they                                                               
are denied the  opportunity to be a childcare  worker unless they                                                               
go through  this variance process.   She  described that it  is a                                                               
gamble as to  whether it would be determined that  the person was                                                               
acceptable.   The  issue is  not that  the person  had to  submit                                                               
their fingerprints  once, but  if the person  lost their  job and                                                               
applied for  another job where  a background check must  again be                                                               
performed, the person must go through that process again.                                                                       
                                                                                                                                
1:36:31 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE WILSON referred to CSSB  81, AS 47.05.360, page 8,                                                               
lines 13-26,  and noted  that the  variance request  is addressed                                                               
here and  "they can  request one," but  the legislation  does not                                                               
talk  about  whether  a  person  can  [go  through  the  variance                                                               
process] just once because it is  the same issue.  She noted that                                                               
she is  still trying  to clarify  whether [the  variance process]                                                               
must  be performed  for every  job.   The  variance process,  she                                                               
explained, sometimes  can take  a couple of  weeks and,  in fact,                                                               
many people have lost their jobs due to the variance process.                                                                   
                                                                                                                                
1:37:17 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  WILSON   referred  to   CSSB  81,  Sec.   10,  AS                                                               
47.05.330(a)(4) page 7, lines 10-12, which read as follows:                                                                     
                                                                                                                                
               (4) who was a  biological or adoptive parent,                                                                    
     guardian, custodian, or Indian  custodian of a child at                                                                    
     the time the child was  the subject of a child-in-need-                                                                    
     of-aid petition under AS 47.10;                                                                                            
                                                                                                                                
REPRESENTATIVE  WILSON described  that it  shows the  whole issue                                                               
about a  child-in-need-of-aid (CINA), and  a lot of  parents will                                                               
not fight back  because they are usually told that  if they fight                                                               
back,  their  children  will  be gone  longer.    Therefore,  she                                                               
stressed, many  parents will  say they are  guilty and  not fight                                                               
it, not  realizing they will  have something on their  record for                                                               
the rest of  their lives, making it difficult for  them to obtain                                                               
a job even if they are able to straighten out their lives.                                                                      
                                                                                                                                
1:37:45 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  WILSON   referred  to   CSSB  81,  Sec.   10,  AS                                                               
47.05.330(a)(5) page 7, lines 13-15, which read as follows:                                                                     
                                                                                                                                
               (5)  who, in  the course  of employment  with                                                                    
     the state,  has been terminated from  employment or has                                                                    
     had an  allegation of assaultive,  abusive, neglectful,                                                                    
     or exploitive behavior or actions substantiated;                                                                           
                                                                                                                                
REPRESENTATIVE  WILSON referred  to  the phrase  "or  has had  an                                                               
allegation  of  assaultive,  abusive, neglectful,  or  exploitive                                                               
behavior  or  actions  substantiated,"   and  asked  whether  the                                                               
committee  is really  going  to bar  people  from working  simply                                                               
based on  an allegation.  She  said that she has  no problem with                                                               
the language being, "terminated  from employment because you have                                                               
been  found   guilty  of  something,"   but  not  simply   on  an                                                               
allegation.                                                                                                                     
                                                                                                                                
REPRESENTATIVE  WILSON   referred  to   CSSB  81,  Sec.   10,  AS                                                               
47.05.330(b), page 7, lines 25-30, which read as follows:                                                                       
                                                                                                                                
          (b)  The information  gathered under  this section                                                                    
     is not  a public record  under AS 40.25.110 and  is not                                                                    
     subject  to  public  inspection  or  copying  under  AS                                                                    
     40.25.110-40.25.125.    However,  information  gathered                                                                    
     under this  section may  be released  to an  entity, an                                                                    
     individual   who  is   included   in   a  database,   a                                                                    
     governmental  agency, and  a  political subdivision  of                                                                    
     the state in  a manner provided under  this section and                                                                    
     regulations adopted under this chapter.                                                                                    
                                                                                                                                
REPRESENTATIVE WILSON  offered a  scenario wherein someone  had a                                                               
CINA case and  they wanted to know whether they  had this barrier                                                               
condition on  their record.  She  asked whether there is  there a                                                               
manner in  which a person  can be pro-active rather  than waiting                                                               
until they apply  for a job, to  then be denied, and  then try to                                                               
figure out how the whole system works.                                                                                          
                                                                                                                                
1:39:09 PM                                                                                                                    
                                                                                                                                
MS.   KRALY,  in   response  to   the  first   issue  raised   by                                                               
Representative Wilson which was with  regard to the variance in a                                                               
permanent barring  condition, answered  that the time  period for                                                               
barring conditions for a Civil  History Database check is now 10-                                                               
years, which was  changed via regulation in  8/2017.  Previously,                                                               
she advised, it was a  permanent barring condition and based upon                                                               
public comment and review, it was  changed to a 10-year bar.  She                                                               
said that it is consistent with  the federal rules for the Office                                                               
of Inspector  General (OIG) exclusion  and the other  issues DHSS                                                               
looks  at on  a  civil  history check.    Except,  she said,  the                                                               
regulation  provides, "unless  you've  had  your parental  rights                                                               
terminated or  relinquished, that becomes  a permanent bar.   But                                                               
again, any  of that, you can  still obtain a variance  during any                                                               
of those time periods."                                                                                                         
                                                                                                                                
1:40:21 PM                                                                                                                    
                                                                                                                                
CHAIR  CLAMAN  clarified  that Representative  Wilson's  question                                                               
about a variance was that if  a person receives a variance today,                                                               
do they  have to re-apply  for the variance tomorrow,  or whether                                                               
once a variance is obtained that it is permanent.                                                                               
                                                                                                                                
MS. KRALY said she wanted to  be clear that the civil history bar                                                               
is  only a  10-year bar  and  it is  not permanent,  which was  a                                                               
recent change.   As  to the variance  question, she  advised that                                                               
the variance process  has also changed via  the regulation packet                                                               
adopted  in  8/2017.   The  [regulation]  contemplates  that  the                                                               
variance now is transferrable, so if  a person is a personal care                                                               
attendant, for  example, and works  for four  different agencies,                                                               
the  person  does not  have  to  obtain four  separate  variances                                                               
because  it is  job specific.   In  the event  a person  works in                                                               
child  care as  a foster  parent, or  in personal  care, or  is a                                                               
respite  provider under  the Medicaid  program, the  person would                                                               
obtain  the  variance to  provide  respite  care and  they  could                                                               
transfer that variance  to any other employer.   She offered that                                                               
there  is  a  more  efficient or  a  shortened  variance  process                                                               
wherein  if  a   person  has  a  variance,  they   can  use  that                                                               
information "and  come in." The  Department of Health  and Social                                                               
Services (DHSS)  does not believe variances  should transfer from                                                               
discipline to discipline because if  a person has a civil history                                                               
barring condition  related to child  care, for instance,  and now                                                               
the person  wants to work in  an assisted living home,  those are                                                               
two  different  considerations.   The  Department  of Health  and                                                               
Social Services (DHSS) wants to  look at those independently, but                                                               
for job class, those variances are transferrable.                                                                               
                                                                                                                                
1:42:01 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN  asked whether [variances] are  permanent, wherein a                                                               
person has  a childcare variance  because something  happened 20-                                                               
years ago,  will they ever have  to come back and  obtain another                                                               
variance  or  re-new  that variance  for  purposes  of  providing                                                               
childcare.                                                                                                                      
                                                                                                                                
MS.  KRALY answered  that  as long  as nothing  comes  up in  the                                                               
person's history, the variance remains  in place unless and until                                                               
the person changes job classes.                                                                                                 
                                                                                                                                
CHAIR CLAMAN said that  if a person is in one job  class, it is a                                                               
permanent variance  and the person does  not have to go  back and                                                               
submit fingerprints every six years.                                                                                            
                                                                                                                                
MS. KRALY opined that that is  the case, and deferred to Margaret                                                               
Brodie, DHSS.                                                                                                                   
                                                                                                                                
1:43:12 PM                                                                                                                    
                                                                                                                                
MARGARET  BRODIE,  Director,  Division  of  Healthcare  Services,                                                               
Department of  Health and Social  Services, advised that  the way                                                               
the variance process  currently works is that when  a person goes                                                               
to re-new,  if a  variance is  in place for  the same  job class,                                                               
that  will  "pass  along  with  it."    She  said  that  it  will                                                               
automatically  renew  with it  unless  (coughing)  a hit  on  the                                                               
original (audio difficulties) to now.                                                                                           
                                                                                                                                
CHAIR  CLAMAN surmised  that if  there some  new incident  arose,                                                               
that is  a whole other  deal, but if  there are no  new incidents                                                               
within a job class, it carries on forward.                                                                                      
                                                                                                                                
MS. BRODIE answered in the affirmative.                                                                                         
                                                                                                                                
1:44:07 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KOPP noted that in  2015, while he was working for                                                               
a  senator, a  letter  was  written to  the  commissioner of  the                                                               
Department of  Health and Social  Services (DHSS) for  a variance                                                               
for a  man in his 30's  to serve on  a board.  He  explained that                                                               
this  man needed  a variance  because the  board had  state money                                                               
coming  into  the  organization  the  board  oversaw,  which  was                                                               
related to  DHSS.   When that person  was age 18,  he got  into a                                                               
fist fight with his brother and ran  afoul of the law, but he had                                                               
been "good to  go for a long  time" with no issues.   This person                                                               
received his variance in 2015, and  this year he came back asking                                                               
for the  same support  again in  order to  receive a  variance to                                                               
serve on  the same board  again.  He  said he was  unsure whether                                                               
the reason was because that  variance concluded with that term of                                                               
office on  the board, and he  asked Ms. Brodie to  explain so the                                                               
committee could understand how that works.                                                                                      
                                                                                                                                
[Audio difficulties.]                                                                                                           
                                                                                                                                
1:46:21 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 1:46 p.m. to 1:48 p.m.                                                                       
                                                                                                                                
1:49:09 PM                                                                                                                    
                                                                                                                                
[CHAIR  CLAMAN noted  that  due to  the  audio difficulties,  Ms.                                                               
Brodie would return tomorrow.]                                                                                                  
                                                                                                                                
1:49:36 PM                                                                                                                    
                                                                                                                                
MS.  KRALY  noted  that  the   two  other  questions  offered  by                                                               
Representative  Wilson   were  related   to  the  issue   of  the                                                               
allegation  of  assaultive,  abusive, neglectful,  or  exploitive                                                               
behavior by a  state employee, language.  She  explained that the                                                               
reason it is  drafted in this manner is that  DHSS believes there                                                               
are  instances wherein  certain individuals  who are  at risk  of                                                               
termination due  to evidence of  a bad act,  assaultive, abusive,                                                               
neglectful, or exploitive behavior, decided  to resign in lieu of                                                               
termination.  The goal is  to capture those individuals who would                                                               
be subject  to this barring  condition despite the fact  they had                                                               
not been terminated, she advised.                                                                                               
                                                                                                                                
1:50:45 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  REINBOLD  commented   that  she  understands  the                                                               
situation from  the perspective  that Ms.  Kraly is  coming from,                                                               
and it  is valid.  However,  she said, "it just  seems like there                                                               
should  be, if  that case  goes away  because there  is a  lot of                                                               
potential loopholes  for abuse in  that area, that  the condition                                                               
has been lifted if they are found  to be innocent or if there was                                                               
never a conviction."                                                                                                            
                                                                                                                                
MS. KRALY  clarified that  the person DHSS  is trying  to capture                                                               
here  is the  person  who  had been  provided  evidence of  their                                                               
assaultive,  abusive,  neglectful,  or exploitive  behavior,  and                                                               
that  DHSS   believes  it  can  properly   adjudicate  through  a                                                               
termination hearing,  but in lieu  of being fired they  decide to                                                               
quit.   In that  instance, those people  are not  proven innocent                                                               
and they  are basically quitting  their jobs to avoid  an adverse                                                               
employment action.  The Department  of Health and Social Services                                                               
(DHSS)  wants  to  be  able to  capture  those  individuals,  she                                                               
explained.   Those  individuals  who are  simply terminated  from                                                               
state employment for  issues not relating to  health, safety, and                                                               
welfare,  will  not be  captured  in  this  issue.   She  further                                                               
explained  that these  are the  individuals  who have  assaulted,                                                               
abused,  or neglected  an individual's  care,  for instance,  the                                                               
Pioneer's  Home, or  API,  or  a public  safety  officer, and  so                                                               
forth.                                                                                                                          
                                                                                                                                
1:52:20 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN  referred to  CSSB 81,  Sec. 10,  AS 47.05.330(a)(5)                                                               
page 7, lines 13-15, which read as follows:                                                                                     
                                                                                                                                
               (5)  who, in  the course  of employment  with                                                                    
     the state,  has been terminated from  employment or has                                                                    
     had an  allegation of assaultive,  abusive, neglectful,                                                                    
     or exploitive behavior or actions substantiated;                                                                           
                                                                                                                                
CHAIR  CLAMAN  commented that  it  appears  it  is not  just  the                                                               
allegation  because  there is  a  secondary  requirement that  is                                                               
"just  not  the  allegation,"  but the  department  has  to  have                                                               
performed  enough   of  an  investigation  to   substantiate  the                                                               
allegations.                                                                                                                    
                                                                                                                                
MS. KRALY answered that Chair Claman is correct.                                                                                
                                                                                                                                
CHAIR CLAMAN surmised that the allegation alone is not enough.                                                                  
                                                                                                                                
MS. KRALY answered in the affirmative.                                                                                          
                                                                                                                                
1:52:49 PM                                                                                                                    
                                                                                                                                
MS.  KRALY referred  to  Representative  Wilson's final  question                                                               
under Sec. 10,  AS 47.05.330(b), page 7, lines  25-30, which read                                                               
as follows:                                                                                                                     
                                                                                                                                
          (b)  The information  gathered under  this section                                                                    
     is not  a public record  under AS 40.25.110 and  is not                                                                    
     subject  to  public  inspection  or  copying  under  AS                                                                    
     40.25.110-40.25.125.    However,  information  gathered                                                                    
     under this  section may  be released  to an  entity, an                                                                    
     individual   who  is   included   in   a  database,   a                                                                    
     governmental  agency, and  a  political subdivision  of                                                                    
     the state in  a manner provided under  this section and                                                                    
     regulations adopted under this chapter.                                                                                    
                                                                                                                                
MS.  KRALY advised  that this  section relates  to the  fact that                                                               
none of this  information is a public record, and  not subject to                                                               
public copying under  the Alaska Public Records Act.   She opined                                                               
that Representative  Wilson's question was how  people would know                                                               
how to  obtain this information  for purposes of variances.   She                                                               
answered that  the information will  be identified in  the letter                                                               
they receive identifying the barring  condition as it is a robust                                                               
notice  that  identifies   what  DHSS  has  done,   what  it  has                                                               
identified,  and  how  the  person   can  go  about  obtaining  a                                                               
variance.    She offered  that  the  contemplation is  that,  for                                                               
instance, it  is a CINA finding  and the person is  looking for a                                                               
variance, that  CINA information  will be  automatically produced                                                               
as  part of  that process.   She  explained that  the information                                                               
will  be outlined  in  their  notice so  they  know exactly  what                                                               
information is available, or potentially  available, and how that                                                               
information  will be  shared for  purposes of  a variance  should                                                               
they submit an application.                                                                                                     
                                                                                                                                
1:54:30 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  WILSON   referred  to   CSSB  81,  Sec.   10,  AS                                                               
47.05.330(a)(5)  page  7,  lines  13-15, and  asked  whether  the                                                               
person will be  notified that something will be  on their record,                                                               
and also be  advised of the appeal process.   She noted that just                                                               
because it  was substantiated,  they do not  know what  the proof                                                               
was and  they may have  other information.  Everyone  should have                                                               
an  opportunity, if  it is  not going  to court,  to clear  their                                                               
name, she said.                                                                                                                 
                                                                                                                                
MS.  KRALY  responded that  DHSS  has  been in  consultation  and                                                               
within its  efforts in working  with the Ombudsman's  Office, has                                                               
agreed to  reframe and redraft  its substantiation notices.   The                                                               
notices  will  provide a  more  robust  explanation of  what  has                                                               
happened,   what  their   options   and   opportunities  are   in                                                               
challenging that substantiation,  and how it will all  work.  She                                                               
reiterated  that  DHSS  is  in the  process  of  revamping  those                                                               
notices so they are much more robust.                                                                                           
                                                                                                                                
1:55:51 PM                                                                                                                    
                                                                                                                                
CHAIR  CLAMAN,  after  ascertaining  no one  wished  to  testify,                                                               
closed public hearing on CSSB 81.                                                                                               
                                                                                                                                
[CSSB 81(HSS) was held over.]                                                                                                   
                                                                                                                                
1:56:26 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
Judiciary Standing Committee meeting was adjourned at 1:56 p.m.                                                                 

Document Name Date/Time Subjects
SB081 ver D 4.25.18.PDF HJUD 4/25/2018 1:05:00 PM
HJUD 4/26/2018 1:00:00 PM
SB 81
SB081 Transmittal Letter 4.25.18.pdf HJUD 4/25/2018 1:05:00 PM
HJUD 4/26/2018 1:00:00 PM
SB 81
SB081 Sectional Analysis ver D 4.25.18.pdf HJUD 4/25/2018 1:05:00 PM
HJUD 4/26/2018 1:00:00 PM
SB 81
SB081 Supporting Document-Alaska Ombudsman Letter 4.25.18.pdf HJUD 4/25/2018 1:05:00 PM
SB 81
SB081 Additional Document-Background and Centralized Registry Checks FAQ 4.25.18.pdf HJUD 4/25/2018 1:05:00 PM
SB 81
SB081 Fiscal Note DPS-SWITS 4.25.18.pdf HJUD 4/25/2018 1:05:00 PM
SB 81
SB081 Fiscal Note DHSS-RL 4.25.18.pdf HJUD 4/25/2018 1:05:00 PM
SB 81
SB081 Supporting Document-Proposed Background Check Process 4.25.18.pdf HJUD 4/25/2018 1:05:00 PM
SB 81