Legislature(2023 - 2024)BARNES 124
03/13/2023 03:15 PM House LABOR & COMMERCE
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| Audio | Topic |
|---|---|
| Start | |
| HB75 | |
| HB58 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 58 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 75 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
HOUSE LABOR AND COMMERCE STANDING COMMITTEE
March 13, 2023
3:15 p.m.
MEMBERS PRESENT
Representative Jesse Sumner, Chair
Representative Justin Ruffridge, Vice Chair
Representative Mike Prax
Representative Dan Saddler
Representative Stanley Wright
Representative Ashley Carrick
Representative Zack Fields
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
HOUSE BILL NO. 75
"An Act relating to coverage for additional insureds under owner
and contractor controlled insurance programs; and providing for
an effective date."
- HEARD & HELD
HOUSE BILL NO. 58
"An Act relating to medical assistance for recipients of
Medicaid waivers; establishing an adult care home license and
procedures; providing for the transition of individuals from
foster care to adult home care settings; and providing for an
effective date."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: HB 75
SHORT TITLE: OWNER & CONTRACTOR CONTROLLED INSURANCE
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
02/15/23 (H) READ THE FIRST TIME - REFERRALS
02/15/23 (H) L&C
02/20/23 (H) L&C AT 3:15 PM BARNES 124
02/20/23 (H) Heard & Held
02/20/23 (H) MINUTE(L&C)
03/01/23 (H) L&C AT 3:15 PM BARNES 124
03/01/23 (H) <Bill Hearing Canceled>
03/13/23 (H) L&C AT 3:15 PM BARNES 124
BILL: HB 58
SHORT TITLE: ADULT HOME CARE; MED ASSISTANCE
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
02/03/23 (H) READ THE FIRST TIME - REFERRALS
02/03/23 (H) HSS, L&C, FIN
02/07/23 (H) HSS AT 3:00 PM DAVIS 106
02/07/23 (H) Heard & Held
02/07/23 (H) MINUTE(HSS)
03/07/23 (H) HSS AT 3:00 PM DAVIS 106
03/07/23 (H) Moved HB 58 Out of Committee
03/07/23 (H) MINUTE(HSS)
03/08/23 (H) HSS RPT 6DP
03/08/23 (H) DP: FIELDS, SUMNER, RUFFRIDGE,
MCCORMICK, MINA, PRAX
03/13/23 (H) L&C AT 3:15 PM BARNES 124
WITNESS REGISTER
LORI WING-HEIER, Director
Division of Insurance
Department of Commerce, Community, and Economic Development
Juneau, Alaska
POSITION STATEMENT: Provided invited testimony on Amendment 1
to HB 75.
TONY NEWMAN, Acting Director
Division of Senior and Disability Services
Department of Health
Juneau, Alaska
POSITION STATEMENT: On behalf of the sponsor, House Rules by
request of the governor, introduced HB 58 via a PowerPoint
presentation, titled "House Bill 58: Adult Home Care" and gave
the sectional analysis.
JAMIE KOKOSZKA, Program Coordinator
Council on Disabilities and Special Education
Department of Health
Anchorage, Alaska
POSITION STATEMENT: Gave public testimony in support of HB 58.
MICHELE GIRAULT, President
Board of Directors
Key Coalition of Alaska;
Executive Director,
Hope Community Resources
Anchorage, Alaska
POSITION STATEMENT: Gave public testimony in support of HB 58.
ACTION NARRATIVE
3:15:40 PM
CHAIR JESSE SUMNER called the House Labor and Commerce Standing
Committee meeting to order at 3:15 p.m. Representatives Wright,
Prax, Carrick, Ruffridge, and Sumner were present at the call to
order. Representatives Saddler and Fields arrived as the
meeting was in progress.
HB 75-OWNER & CONTRACTOR CONTROLLED INSURANCE
3:16:10 PM
CHAIR SUMNER announced that the first order of business would be
HOUSE BILL NO. 75, "An Act relating to coverage for additional
insureds under owner and contractor controlled insurance
programs; and providing for an effective date."
3:16:35 PM
LORI WING-HEIER, Director, Division of Insurance, Department of
Commerce, Community, and Economic Development, provided invited
testimony on Amendment 1 to HB 75. She stated that Amendment 1
would clarify the language in the proposed legislation regarding
additional insurance. She explained that the amendment would
make it easier for large projects to have an owner-controlled or
contractor-controlled insurance program for every contractor or
subcontractor type. Anyone working on that site would be named
on the owner-controlled or contractor-controlled insurance. The
amendment would clarify that there are two ways additional
insurance could be required.
3:18:56 PM
REPRESENTATIVE RUFFRIDGE moved Amendment 1, labeled 33-
GH1009\A.1, Marx, 2/22/23 to HB 75, which read as follows:
Page 1, line 9:
Delete "or"
Page 1, lines 11 - 13:
Delete "[; OR
(4) INSURANCE POLICIES ENDORSED TO NAME ONE
OR MORE PERSONS AS ADDITIONAL INSUREDS]"
Insert "; or
(4) insurance policies endorsed to name one
or more persons as additional insureds, if naming a
person as an additional insured is a term required by
a contract; this paragraph does not apply to an owner
controlled or contractor controlled insurance program
for a major construction project"
REPRESENTATIVE PRAX objected for the purpose of discussion.
3:19:05 PM
REPRESENTATIVE PRAX asked whether the owner of the project and
subcontractors can still be covered by additional insurance.
MS. WING-HEIER responded in the affirmative. In response to a
follow-up question, she said that the division has had
"numerous" conversations with insurance companies in the process
of working on the proposed legislation.
3:20:22 PM
REPRESENTATIVE PRAX withdrew his objection. There being no
further objection, Amendment 1 to HB 75 was adopted.
CHAIR SUMNER announced that HB 75, as amended, was held over.
HB 58-ADULT HOME CARE; MED ASSISTANCE
3:20:36 PM
CHAIR SUMNER announced that the final order of business would be
HOUSE BILL NO. 58, "An Act relating to medical assistance for
recipients of Medicaid waivers; establishing an adult care home
license and procedures; providing for the transition of
individuals from foster care to adult home care settings; and
providing for an effective date."
3:21:02 PM
TONY NEWMAN, Acting Director, Division of Senior and Disability
Services, Department of Health, introduced HB 58 via a
PowerPoint presentation, titled "House Bill 58: Adult Home
Care."
3:21:26 PM
The committee took an at-ease from 3:21 p.m. to 3:22 p.m.
3:22:48 PM
MR. NEWMAN stated that HB 58 would add to the services offered
by the division. On slide 2, he pointed out that there is a
program which allows seniors and people with disabilities to
stay in their homes when they might otherwise need institutional
care, and the federal government covers approximately half of
the cost of the program. He gave examples of the home-based and
community-based waivers offered by Alaska and said that the
program saves money.
3:25:39 PM
REPRESENTATIVE FIELDS asked whether each category saves the
state money.
MR. NEWMAN answered in the affirmative and explained that the
programs would give individuals who qualify for institutional
care a choice. In response to a follow-up question, he said
that there are some cases in which an individual may not be able
to receive the full amount of care in an institution in Alaska.
3:27:17 PM
MR. NEWMAN continued to slide 3 and slide 4 and gave an overview
of how home and community-based waivers can be used. He stated
that not all waivers cover every possible care option.
Explaining care coordinators, he said that to receive care all
waiver recipients work with a coordinator; however, the
coordinators are not state employees. Continuing, he said that
the division is seeking a new home-care option that would allow
an individual in need of living assistance to live in the house
of another individual while receiving professional care and
state support. This option allows for individuals to receive
care while remaining in the same community, especially when the
community does not have any assisted living facilities.
3:31:40 PM
REPRESENTATIVE PRAX asked what qualifications would be required
for someone to receive state assistance to take care of a family
member living in their home.
MR. NEWMAN answered that a certification would be required, but
certain requirements such as having a year's worth of experience
in providing home care could be waived or replaced with care
experience, such as child care.
3:33:28 PM
REPRESENTATIVE CARRICK asked whether this opportunity could be
extended to those who are already caring for a neighbor or
family member.
MR. NEWMAN, without knowing the specifics, expressed
uncertainty; however, he added this is the type of scenario
envisioned with the proposed legislation. In response to a
follow-up question, he said that there is still some uncertainty
regarding whether this program could apply to legal guardians.
3:37:27 PM
REPRESENTATIVE SADDLER asked for clarification on legal
guardianship of children in regard to qualifications for the
benefits provided by the proposed legislation.
MR. NEWMAN answered that all parents have the duty to care for
their children, whether there is a disability or not, but once
the child turns 18, parents do not automatically have the
responsibility to care for the child anymore. The parents could
potentially qualify under the proposed legislation if they are
assigned legal guardianship for their adult child with
disabilities.
3:38:45 PM
REPRESENTATIVE WRIGHT asked why legislation like HB 58 has not
already been passed.
MR. NEWMAN answered that home-based assisted living is a
relatively new idea. He added that because of recent workforce
shortages, the need for alternative solutions has increased. In
response to a follow-up question, he said that there are ongoing
discussions on how to help military families with disabled
children under this type of legislation.
3:40:25 PM
MR. NEWMAN gave the sectional analysis for HB 58. He explained
that Section 1 would set a rate of payment for caretakers, while
Sections 2 through 7 would modify definitions to establish what
would qualify as an adult-care home. The requirements for an
adult-care home would also be defined, and Section 8 would
provide the effective date.
3:42:58 PM
REPRESENTATIVE SADDLER asked whether Section 1 would cover an
individual who begins care taking of another individual who is
currently not under care.
MR. NEWMAN answered that it is specifically aimed at
transitioning care for disabled children in the foster care
system when they become adults. In response to a follow-up
question, he said that this section would apply to an individual
already being cared for.
3:44:07 PM
REPRESENTATIVE FIELDS asked whether 24-hour care was literal, or
whether a family member would be able to leave for a short
period of time to do an activity, such as grocery shopping.
MR. NEWMAN answered that such requirements would be decided by
regulation if the bill is passed. In response to a follow-up
question, he expressed the belief that HB 58 has the potential
to cut down on the waitlist for assisted living, but this number
is indeterminate.
3:46:24 PM
REPRESENTATIVE SADDLER asked whether this form of care
transition would be more cost effective.
MR. NEWMAN answered that it is likely to save money, because
individuals who would otherwise require the care of a nursing
home may no longer need this because of homecare, but it is
possible that some individuals who are currently "making do"
without some services may receive services as part of the
proposed legislation.
3:48:11 PM
CHAIR SUMNER opened public testimony on HB 58.
3:48:34 PM
JAMIE KOKOSZKA, Program Coordinator, Council on Disabilities and
Special Education, on behalf of the Council on Disabilities and
Special Education, gave public testimony in support of HB 58.
She advised that the current law has an oversight concerning
disabled children transitioning to adulthood. She said that the
proposed legislation would allow quicker access to care for
individuals who have been in foster care, and these individuals,
after turning the age of 18, are left on their own. She added
that, if the proposed bill were to be passed, the council is
prepared to work with the state on regulations.
3:51:21 PM
MICHELE GIRAULT, President, Board of Directors, Key Coalition of
Alaska; Executive Director, Hope Community Resources, on behalf
of the Key Coalition of Alaska, gave public testimony in support
of HB 58. She stated that the Key Coalition of Alaska is a
nonprofit organization that advocates for individuals with
disabilities, and it does this by reviewing proposed legislation
or policy to see whether it would align with the state statute
for developmental disabilities. She said that the coalition
supports the legislation because it would provide individuals
with disabilities choices that would allow them to gain access
to services that would best suit their individual needs.
3:53:04 PM
REPRESENTATIVE SADDLER asked whether the proposed legislation
would directly benefit Hope Community Resources.
MS. GIRAULT answered that the organization cares and advocates
for people who would receive the greatest benefit from the
proposed legislation. In response to a follow-up question, she
said that family life is the greatest difference between an
assisted living home and an adult care home.
3:55:43 PM
CHAIR SUMNER, after ascertaining that there was no one else who
wished to testify, closed public testimony on HB 58.
[HB 58 was held over.]
3:55:52 PM
ADJOURNMENT
There being no further business before the committee, the House
Labor and Commerce Standing Committee meeting was adjourned at
3:55 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 58 Sectional Analysis Version A.pdf |
HL&C 3/13/2023 3:15:00 PM |
HB 58 |
| HB 58 Fiscal Note 2 Version A.PDF |
HL&C 3/13/2023 3:15:00 PM |
HB 58 |
| HB 58 Presentation 3.7.23.pdf |
HL&C 3/13/2023 3:15:00 PM |
HB 58 |
| HB 58 Fiscal Note 1 Version A.PDF |
HL&C 3/13/2023 3:15:00 PM |
HB 58 |
| HB 58 Summary Version A.pdf |
HL&C 3/13/2023 3:15:00 PM |
HB 58 |
| HB 58 Sponsor Statement.pdf |
HL&C 3/13/2023 3:15:00 PM |
HB 58 |
| HB 58 Version A.PDF |
HL&C 3/13/2023 3:15:00 PM |
HB 58 |
| Adult Home Care HB58.SB57 2023 GCDSE Position.final (002).pdf |
HL&C 3/13/2023 3:15:00 PM |
HB 58 SB 57 |