Legislature(1999 - 2000)

04/08/1999 06:06 PM Senate FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
MINUTES                                                                                                                         
SENATE FINANCE COMMITTEE                                                                                                        
April 8, 1999                                                                                                                   
6:06 PM                                                                                                                         
                                                                                                                                
TAPES                                                                                                                           
                                                                                                                                
SFC-99 # 83, Side A and Side B                                                                                                  
                                                                                                                                
CALL TO ORDER                                                                                                                   
                                                                                                                                
Co-Chair John Torgerson convened the meeting at                                                                                 
approximately 6:06 PM.                                                                                                          
                                                                                                                                
PRESENT                                                                                                                         
                                                                                                                                
Senator John Torgerson, Senator Sean Parnell, Senator Randy                                                                     
Phillips, Senator Loren Leman, Senator Gary Wilken, Senator                                                                     
Al Adams and Senator Lyda Green were present when the                                                                           
meeting convened.  Senator Pete Kelly and Senator Dave                                                                          
Donley arrived shortly thereafter.                                                                                              
                                                                                                                                
Also Attending:                                                                                                                 
                                                                                                                                
SENATOR MIKE MILLER; ALISON ELGEE, Deputy Commissioner,                                                                         
Department of Administration; JANET CLARKE, Director,                                                                           
Division of Administrative Services, Department of Health                                                                       
and Social Services; GINA MACDONALD, Special Projects                                                                           
Coordinator, Division of Mental Health and Developmental                                                                        
Disabilities, Department of Health and Social Services;                                                                         
                                                                                                                                
Attending via Teleconference: From Anchorage: KAY BURROWS,                                                                      
Director, Division of Senior Services, Department of                                                                            
Administration; DWIGHT BECKER, Protective Services                                                                              
Coordinator, Division of Senior Services, Department of                                                                         
Administration; From Fairbanks: JEFF JESSIE, Executive                                                                          
Director, Alaska Mental Health Trust Authority; MONTA FAYE                                                                      
LANE, President, Alaska Caregivers Association; LESTER                                                                          
WESTLING and CATHY WESTLING, Owners, Downtown Care.                                                                             
                                                                                                                                
                                                                                                                                
SUMMARY INFORMATION                                                                                                             
                                                                                                                                
SB  73-ASSISTED LIVING FACILITIES                                                                                               
                                                                                                                                
The committee heard testimony from the sponsor, the                                                                             
Department of Administration, the Department of Health and                                                                      
Social Services and the Mental Health Trust Authority and                                                                       
members of the public.  The bill was held in committee.                                                                         
                                                                                                                                
SB 111-PIONEERS HOME RECEIPTS                                                                                                   
                                                                                                                                
The committee heard testimony from the sponsor, the                                                                             
Department of Administration and a member of the public.                                                                        
The bill was held in committee.                                                                                                 
                                                                                                                                
SJR  9-CONST. AM: WAYS AND MEANS BILLS                                                                                          
                                                                                                                                
Senator Dave Donley handed out a proposed committee                                                                             
substitute and a memo from the Division of Legal Services                                                                       
for the member's consideration.  There was discussion on                                                                        
the CS. The bill was held in committee.                                                                                         
                                                                                                                                
                                                                                                                                
CS FOR SENATE BILL NO. 73(HES)                                                                                                  
"An Act relating to assisted living homes; and                                                                                  
providing for an effective date."                                                                                               
                                                                                                                                
                                                                                                                                
SENATOR MIKE MILLER, sponsor of the bill, testified.  He                                                                        
told the committee the main purpose of the bill was to                                                                          
increase the daily rate paid to the "mom and pop"                                                                               
facilities around the state that provided a place for                                                                           
adults that could not provide for their own safety, medical                                                                     
or emotional and personal care needs. Currently in the                                                                          
Anchorage area, the state paid the facilities $30 per day                                                                       
to take care of these adults.                                                                                                   
                                                                                                                                
He told of how he became aware of the services the                                                                              
facilities provided.  He spoke of his father's experience                                                                       
with Alzheimer's disease. His family was able to place him                                                                      
in a home in the family hometown of North Pole rather then                                                                      
sending him to the Fairbanks Pioneers Home.  While his                                                                          
family paid privately for the care, he saw first-hand the                                                                       
services that were provided.  The care was good and                                                                             
provided inexpensively in comparison to other types of care                                                                     
provided by the Denali Center or a pioneer's home. However,                                                                     
he felt the state reimbursement rate of $30 per day was                                                                         
inadequate. Like it or not, Alaska's population was growing                                                                     
older and there would be more people in these types of                                                                          
situations.  In his opinion, the assisted living homes were                                                                     
a very cost-effective way to deal with some of the problems                                                                     
that the state would be faced with in the future. He would                                                                      
recommend this type of care to others in his situation.                                                                         
                                                                                                                                
He was sensitive to the fiscal situation in the state. He                                                                       
noted a rate structure report, released this year, which                                                                        
stated that assisted living facilities should receive $70-                                                                      
75 per day.  He structured the bill in a three-step phase                                                                       
that graduated the rate over three years. The rate would                                                                        
raise to $50 the first year, $75 the second year and $100                                                                       
the third year.                                                                                                                 
                                                                                                                                
He believed the facilities provided a good service and if                                                                       
the state did not raise the rates, many of the facilities                                                                       
would leave the market. It would then have a negative                                                                           
impact to the budget because the patients would have to go                                                                      
to the nursing homes and hospitals at a much higher rate                                                                        
than what was proposed here. The committee needed to make a                                                                     
decision whether the facilities should be kept in                                                                               
operation.                                                                                                                      
                                                                                                                                
He had the departments break down the fiscal notes in two                                                                       
different ways. One included a geographic differential and                                                                      
the other did not.  He recommended maintaining the program                                                                      
with the geographic differences in the rate system. Homes                                                                       
in Barrow and Kotzebue, for example, would receive higher                                                                       
compensation than those located in Anchorage.  He felt that                                                                     
was fair. The other fiscal notes were submitted for the                                                                         
committee's consideration, should it choose to forgo the                                                                        
differential.                                                                                                                   
                                                                                                                                
Senator Randy Phillips asked if this would only apply to                                                                        
licensed assisted living facilities. Senator Mike Miller                                                                        
was not sure but thought it was because it would only apply                                                                     
to those facilities that received state-assisted patients.                                                                      
                                                                                                                                
Senator Loren Leman wanted to know about the geographical                                                                       
differential and didn't see the numbers listed in the bill                                                                      
although he did see those reflected in the fiscal note.                                                                         
Senator Mike Miller deferred to the department.  Senator                                                                        
Loren Leman noticed that the rate for Fairbanks was 15                                                                          
percent higher. Senator Mike Miller agreed that was correct                                                                     
and noted the other areas with higher rates.  He did not                                                                        
establish that structure and again deferred to the                                                                              
department.                                                                                                                     
                                                                                                                                
Senator Loren Leman then asked about doing only two steps                                                                       
going up to $75 and then reaching $100 in future                                                                                
legislation. Senator Mike Miller responded that was a                                                                           
policy call for the committee. However, he stressed the                                                                         
rates had not been raised in 15 years and felt the reality                                                                      
was that the matter would not be addressed again before                                                                         
another 15 years. He believed that by the third year of the                                                                     
implementation when the rate would be $100, that would be                                                                       
the actual recommended compensation amount.                                                                                     
                                                                                                                                
Senator Gary Wilken appreciated the committee hearing the                                                                       
bill and Senator Mike Miller for sponsoring the                                                                                 
legislation.  Senator Gary Wilken said one of the                                                                               
recommendations of the Long-Term Care Task Force was to                                                                         
keep the elderly in home environments for as long as                                                                            
possible and this legislation would help accomplish that.                                                                       
                                                                                                                                
KAY BURROWS, Director, Division of Senior Services,                                                                             
Department of Administration, testified via teleconference                                                                      
from Anchorage in support of the bill. She told the                                                                             
committee there were Alaskans who spent their adult lives                                                                       
being the best they could be and where now vulnerable,                                                                          
alone and at-risk for illness, disability and homelessness.                                                                     
There were also Alaskans willing to help those fellow                                                                           
citizens; to provide a home, caring, hope and a chance for                                                                      
a loving, caring environment where Alaskans could age with                                                                      
day to day peace.  The State Of Alaska needed to help those                                                                     
Alaskans to find each other and to make it work. This bill                                                                      
would do that.  Most could pay their own way and only                                                                           
needed help finding each other. Some needed the help                                                                            
Medicaid provided. However, this bill related to those who                                                                      
were not able to get Medicaid support immediately or were                                                                       
too vulnerable to wait the system out before their world                                                                        
disintegrated into terror, homelessness and despair.                                                                            
                                                                                                                                
Alaskans who provided those services needed a living wage.                                                                      
That was what this bill was about. The rate had not changed                                                                     
since 1986.  However, the care needs had greatly increased.                                                                     
The facilities were now able to care for people in assisted                                                                     
living homes with much higher needs than before.  The                                                                           
patient's choice was to not live in a nursing home. The                                                                         
state as public funders should be not to have them in a                                                                         
nursing home if at all possible.                                                                                                
                                                                                                                                
There had been a significant industry growth in assisted                                                                        
living facilities. Since 1996, the Division of Senior                                                                           
Services had seen these homes grow in number from                                                                               
approximately 65 to 95 licensed homes today. There were 90                                                                      
to 100 adults each month that would be covered under this                                                                       
bill. Thirty-eight percent had Alzheimer's disease, 12                                                                          
percent had other mental illnesses, six percent were adults                                                                     
with developmental disabilities, 12 percent were chronic                                                                        
alcoholics, 32 percent were physically disabled or were                                                                         
vulnerable adults who would be on the street otherwise.                                                                         
Seventy percent were over the age of 60.  Most of them                                                                          
received this type of general relief funding for one year                                                                       
or less until other parts of the system could take care of                                                                      
them.  These were truly the most needy.                                                                                         
                                                                                                                                
She referred to the rate study, which was funded by the                                                                         
Alaska Mental Health Trust Authority and done by the                                                                            
nationally known Assisted Living Training Institute. The                                                                        
study reported that 33 homes provided actual financial                                                                          
information; 20 percent of those were from the Division of                                                                      
Mental Health. Those figures built the rate the division                                                                        
believed to be appropriate. The study also showed that the                                                                      
current rate if it only adjusted 1986 rate for inflation,                                                                       
the cost of living and social security, would be $68.                                                                           
Actual costs were $73 per day with higher costs for those                                                                       
needing extra assistance.                                                                                                       
                                                                                                                                
The study had other recommendation, which the division                                                                          
planned to follow up with regulations. They included                                                                            
increased training and education requirements for assisted                                                                      
living administration and staff. The division also planned                                                                      
to look at separate and additional standards for those                                                                          
homes that housed 15 and fewer patients and those that                                                                          
housed 16 and over. The division was very supportive of                                                                         
this bill.                                                                                                                      
                                                                                                                                
Senator Loren Leman had a question on the fiscal notes and                                                                      
wanted to know the source of the geographic differential                                                                        
factors.  He was specifically interested in the Kenai                                                                           
Peninsula.                                                                                                                      
                                                                                                                                
DWIGHT BECKER, Protective Services Coordinator, Division of                                                                     
Senior Services, Department of Administration, testified                                                                        
via teleconference from Anchorage. He explained the                                                                             
geographic differential rates were currently in the                                                                             
Department of Health and Social Services regulations, which                                                                     
the Department of Administration had been following to                                                                          
apply to the administration of general medical relief. The                                                                      
Kenai Peninsula fell within the SouthCentral region, which                                                                      
had an index of one. There was currently no increase for                                                                        
that area. He detailed the index breakdown and the                                                                              
different rates for each area of the state.                                                                                     
                                                                                                                                
The index was consistent with the pay rates for state                                                                           
service and also for Medicaid rates.                                                                                            
                                                                                                                                
Senator Loren Leman wanted to know how long ago the rates                                                                       
were revised.  Dwight Becker said the last major change to                                                                      
the general relief regulations was made in 1983 but that                                                                        
other studies and adjustments were done since then.                                                                             
Senator Loren Leman felt they did not reflect studies the                                                                       
committee had seen.                                                                                                             
                                                                                                                                
ALISON ELGEE, Deputy Commissioner, Department of                                                                                
Administration responded to Senator Loren Leman's question.                                                                     
While they were developed in regulation several years ago,                                                                      
they were directly tied to differential from AS 39 that                                                                         
applied to revenue sharing and determined the state                                                                             
employee pay rates.  Co-Chair John Torgerson added                                                                              
education as well.                                                                                                              
                                                                                                                                
Senator Loren Leman asked if the department felt it was                                                                         
time to analyze those.  Alison Elgee replied they did think                                                                     
it was appropriate and had introduces prior legislation to                                                                      
amend the schedule for pay differentials.  However she felt                                                                     
that continued differential rates for the rural areas was                                                                       
necessary to foster the assisted living industry.                                                                               
                                                                                                                                
Senator Loren Leman was aware of that past legislation and                                                                      
wanted to ensure consistency. Alison Elgee said the                                                                             
geographic differential was not in statute but in                                                                               
regulation and department would revise those regulations                                                                        
with the passage of this bill.                                                                                                  
                                                                                                                                
Co-Chair John Torgerson was concerned with the fiscal note.                                                                     
Were the only funds available general funds, or could                                                                           
federal funds or other sources be utilized? Alison Elgee                                                                        
replied that the program would assist those who were in the                                                                     
process of qualifying for Medicaid or other assistance.                                                                         
There were others who would never qualify for Medicaid                                                                          
because they would never require full nursing home care.                                                                        
The department pushed the Medicaid process as rapidly as                                                                        
possible.  The department also required patients to utilize                                                                     
their own resources first.  Many of the clientele                                                                               
represented here were covered by adult public assistance                                                                        
and social security payments. SSI and APA payments would                                                                        
cover most of the $30 per day rate and the division only                                                                        
made up the difference. The Division of Senior Services                                                                         
budgeted $400,000 to augment the rate to make up the                                                                            
difference. She explained that was why the fiscal note was                                                                      
disproportionately higher than the underlying cost of the                                                                       
present program.                                                                                                                
                                                                                                                                
Co-Chair John Torgerson referred to Section 6 that stated                                                                       
if there was not enough funds for the entire program, the                                                                       
division would establish by regulation a pro-rata payment                                                                       
system.  However, the other sections dictated that the rate                                                                     
could never go below $50. Alison Elgee explained there were                                                                     
two rates, the base rate and the augmented rate. The                                                                            
augmented rate was designed to pay up to $22 but was very                                                                       
specific in terms of the needs of the individual that was                                                                       
treated and was negotiated with the provider. Section 6                                                                         
allowed for changes to the augmented portion of the rate                                                                        
only.                                                                                                                           
                                                                                                                                
Co-Chair John Torgerson asked if this would take away the                                                                       
department's ability to pro-rate funding if the full                                                                            
appropriation was not granted to the program. Alison Elgee                                                                      
believed the intention of the program was to keep the base                                                                      
rate intact without pro-ration.                                                                                                 
                                                                                                                                
JEFF JESSIE, Executive Director, Alaska Mental Health Trust                                                                     
Authority, testified via teleconference from Fairbanks in                                                                       
support of the bill.  This bill was a high priority for the                                                                     
trustees. Having funded the rate study and looked at the                                                                        
information supplied by the Commission on Aging, the Trust                                                                      
believed that this was an essential component of a long-                                                                        
term strategy to meet the growing needs of a variety of the                                                                     
Trust's beneficiaries in the coming millenium.                                                                                  
                                                                                                                                
The elderly population in Alaska was the largest growing                                                                        
segment. Fully 50 percent of those individuals over the age                                                                     
of 85 had some degree of Alzheimer's disease or related                                                                         
dementia.                                                                                                                       
                                                                                                                                
Increased demands were being placed on the pioneer homes                                                                        
and other facilities to serve that population in an ever-                                                                       
increasing degree. Eventually the state would exceed the                                                                        
capacity to treat these individuals in nursing home                                                                             
settings.  In fact it was not the most efficient or cost                                                                        
effective options of treatment nor did it meet the desire                                                                       
to keep people in their homes and in their home communities                                                                     
for as long as possible.                                                                                                        
                                                                                                                                
The trustees had already authorized the expenditure of $                                                                        
300,000 in Mental Health authorized receipts for FY00 to                                                                        
assist in the transition to the higher rates. This was not                                                                      
reflected in the information provided to the committee. The                                                                     
Trustee's made it clear they were willing to put their                                                                          
money were their mouth was.  They were working closely with                                                                     
Senator Pete Kelly, the subcommittee chair for the                                                                              
Department of Health and Social Services budget who was                                                                         
working with the Trust on the mental health budget bill.                                                                        
                                                                                                                                
They believed in the long run, this was a cost effective                                                                        
                                                                                                                                
Co-Chair John Torgerson asked if the $300,000 commitment                                                                        
was only for one year.  Jeff Jessee said the authorization                                                                      
was currently only for FY00.                                                                                                    
                                                                                                                                
Senator Lyda Green wanted to know if that was in addition                                                                       
to the funds listed in the fiscal note.  Jeff Jessee                                                                            
guessed it was to augment those amounts.  Kay Burrows                                                                           
confirmed that.                                                                                                                 
                                                                                                                                
Co-Chair John Torgerson clarified that was for the                                                                              
Department of Health and Social Services, Community Mental                                                                      
Health Grant fiscal note.  Kay Burrows believed the                                                                             
$300,000 was put into the budget for the Division of Social                                                                     
Services portion.  Jeff Jessee added that the intent of the                                                                     
trust authority was to support the bill. It was not                                                                             
important to them which division in particular the funds                                                                        
went to since they both served the clients.                                                                                     
                                                                                                                                
GINA MACDONALD, Special Projects Coordinator, Division of                                                                       
Mental Health and Developmental Disabilities, Department of                                                                     
Health and Social Services, came to the table to explain                                                                        
that the $300,000 was not currently included in the fiscal                                                                      
note.  It was not important to the department which agency                                                                      
the funds went to either.                                                                                                       
                                                                                                                                
Co-Chair John Torgerson clarified that there were two                                                                           
fiscal notes, one for Department of Health and Social                                                                           
Services and the other for Department of Administration.                                                                        
Gina MacDonald detailed and further explained there were                                                                        
actually four fiscal notes.  Two included the geographical                                                                      
differential and the other two left that out.                                                                                   
                                                                                                                                
Co-Chair John Torgerson detailed the amounts requested.                                                                         
                                                                                                                                
Senator Randy Phillips repeated his question of Senator                                                                         
Mike Miller if this would apply to licensed assisted living                                                                     
facilities only.  Co-Chair John Torgerson pointed out the                                                                       
language stating that is was.  Senator Randy Phillips                                                                           
wanted it clear on the record. Alison Elgee believed homes                                                                      
housing one to three patients did not need to be licensed.                                                                      
Dwight Becker confirmed that.  If a non-licensed home                                                                           
wished to participate, the division would assist them in                                                                        
becoming licensed.                                                                                                              
                                                                                                                                
Senator Randy Phillips stated he had experience with the                                                                        
non-licensed facilities.                                                                                                        
                                                                                                                                
Co-Chair John Torgerson asked if the $300,000 authorization                                                                     
was currently contained in the $5.1 million figure from the                                                                     
mental health bill or would he anticipate an amendment to                                                                       
the bill to increase it. Jeff Jessee responded that it was                                                                      
his understanding that because the $300,000 was attached to                                                                     
legislation rather than the Governor's Operating Budget                                                                         
that it was not currently in the budget bill.  However, the                                                                     
trust authority had obligated the funds.                                                                                        
                                                                                                                                
Co-Chair John Torgerson agreed that if the committee had a                                                                      
fiscal note before it; they could quantify the details.                                                                         
                                                                                                                                
MONTA FAYE LANE, President, Alaska Caregivers Association                                                                       
and owner of two assisted living homes in North Pole,                                                                           
testified via teleconference from Fairbanks in support of                                                                       
the bill.  She spoke to the services the caregivers                                                                             
provided. They did all the hands-on care and they needed to                                                                     
earn a living wage. She did not know where the committee                                                                        
would find all the money needed for the change, but urged                                                                       
the members to do so because the State Of Alaska really                                                                         
needed the assisted living homes. She thanked the committee                                                                     
for their efforts.                                                                                                              
                                                                                                                                
She felt the increase should be $70 per day with the                                                                            
geographical differential because the cost of electricity,                                                                      
fuel and food in the Interior, the Northern region and the                                                                      
Western region. She said that if the homes could not afford                                                                     
to operate, they would close and the patients would need to                                                                     
be housed in more expensive nursing home facilities.                                                                            
                                                                                                                                
She told the committee about the Mary Conrad Assisted                                                                           
Living Home Center in Anchorage that had raised its base                                                                        
rates to $295 per day.  The rates were higher for those                                                                         
patients requiring extra care. The monthly rates for these                                                                      
services were between $9000 and $10,000.                                                                                        
                                                                                                                                
She compared that rate to the Denali Care Center of $345                                                                        
per day and the hospital rate of $1335 per day.                                                                                 
                                                                                                                                
She earned $34.50 per day for a general relief client.  She                                                                     
had an indigent patient suffering from chronic alcoholism                                                                       
and yet received none of the $21 million alcohol treatment                                                                      
funds the state issued.  She had another mental health                                                                          
patient for whom she received only $700 per month - less                                                                        
than $34.50 per day. She could not evict the patient                                                                            
because he had no where else to go.                                                                                             
                                                                                                                                
She thanked the committee.                                                                                                      
                                                                                                                                
Senator Randy Phillips commented that there was a member of                                                                     
the committee who worked in and around assisted living                                                                          
facilities.                                                                                                                     
                                                                                                                                
LESTER WESTLING, testified via teleconference from                                                                              
Fairbanks in support of the legislation and the geographic                                                                      
differential. He thanked the Mental Health Trust Authority                                                                      
for offering to assist in the funding. He talked about the                                                                      
benefits of assisted living services and the functions they                                                                     
performed. The savings to the State of Alaska would be                                                                          
exponential because of the ability to care for patients                                                                         
without the need for doctors, nurses and pharmacies on                                                                          
site.                                                                                                                           
                                                                                                                                
He stressed that the facilities could not pay employees a                                                                       
competitive wage. They could not offer benefits either,                                                                         
which he felt would keep turnover down. "Please help                                                                            
stabilize our businesses because we're here for you."  He                                                                       
said he didn't want to see homes shut down because they                                                                         
could not afford to do business or people being warehoused                                                                      
because they did not have the funds necessary to pay the                                                                        
rate needed to live in assisted living homes.                                                                                   
                                                                                                                                
CATHY WESTLING, owner of Downtown Care, testified via                                                                           
teleconference from Fairbanks in support of the bill.  She                                                                      
was greatly concerned with mental illness and alcoholism in                                                                     
Alaska. The state needed to be very proactive. She spoke of                                                                     
the difficulties in dealing with alcoholics and their                                                                           
related behavior problems.                                                                                                      
                                                                                                                                
The employees could not be paid well or receive benefits.                                                                       
There was not a lot of community support. Their only reward                                                                     
was the feeling of doing something that was good. They saw                                                                      
very few patients who were financially self-sufficient.                                                                         
Those that did have funds, ran out after a short period of                                                                      
time.                                                                                                                           
                                                                                                                                
Co-Chair John Torgerson ordered the bill held in committee                                                                      
so the members could work with Jeff Jessee and the sponsor                                                                      
on the funding issue.                                                                                                           
                                                                                                                                
                                                                                                                                
Tape: SFC - 99 #83, Side B  6:54 PM                                                                                             
                                                                                                                                
Break 6:54PM / 7:00PM                                                                                                           
                                                                                                                                
                                                                                                                                
SENATE BILL NO. 111                                                                                                             
"An Act designating certain Pioneers' Home receipts as                                                                          
program receipts, appropriations of which are not made                                                                          
from the unrestricted general fund; and providing for                                                                           
an effective date."                                                                                                             
                                                                                                                                
                                                                                                                                
Senator Gary Wilken, sponsor of the bill, testified.  He                                                                        
told the committee he had come to learn that designated                                                                         
receipts roped off monies that were put into the general                                                                        
fund and showed intent that the Legislature would spend                                                                         
those monies in certain areas. From a cost-accountant                                                                           
standpoint, he liked the theory that the cost-causer was                                                                        
the cost payer. This legislation, as similar legislation in                                                                     
the past, would add set up designated receipts for Pioneer                                                                      
Homes receipts.                                                                                                                 
                                                                                                                                
If there was one type of receipts that should be designated                                                                     
for state services was the Pioneer Home receipts, he                                                                            
stressed. The people who used the pioneer homes essentially                                                                     
divorced themselves from all other state services other                                                                         
than the pioneer home itself. When a resident paid for                                                                          
those services, he or she had the right to expect that                                                                          
those monies be spent on their care.                                                                                            
                                                                                                                                
He gave a history of the pioneer homes.  They were in the                                                                       
fourth of a seven-year rapid-ramp program to pay for their                                                                      
own costs. He pointed out to committee members, a schedule                                                                      
showing that the homes would be self-supported for those                                                                        
patients who could afford it. He stressed that this was a                                                                       
steep ramp. He gave an example of his two parents living in                                                                     
the Fairbanks Pioneer Home. The services were not cheap;                                                                        
his parents wrote a check for $6125 per month.  Starting in                                                                     
July 1999, the fee will rise to $7480. That will be a 22                                                                        
percent increase.  By the time the program is fully                                                                             
implemented, his family will have to pay $11,515 per month.                                                                     
He stressed that the care his parent's receive was                                                                              
excellent and he did not oppose the high costs.  He did                                                                         
have concerns that any part of his parent's payment could                                                                       
be used for other state services such as road repairs.  He                                                                      
wanted those funds to only pay for the care of residents in                                                                     
the pioneer homes.                                                                                                              
                                                                                                                                
He noted the requirements for care in the pioneer homes was                                                                     
changing. The need for an increased number of caregivers                                                                        
was increasing and therefore the pioneer home dollars were                                                                      
precious.                                                                                                                       
                                                                                                                                
He concluded by saying, this was the time to rope off that                                                                      
money and show the Legislature's intent that the cost                                                                           
payers were the cost providers and that those in the                                                                            
pioneers homes deserved 100 percent benefit of their                                                                            
payments.                                                                                                                       
                                                                                                                                
Senator Lyda Green asked for explanation of the                                                                                 
Legislature's role with this money as it was done currently                                                                     
and if the bill were adopted into law.  Senator Gary Wilken                                                                     
compared this to Item #2 of the bill, listing University of                                                                     
Alaska receipts. Those receipts were from tuition receipts                                                                      
and were designated as University of Alaska monies unless                                                                       
the Legislature intervened.                                                                                                     
                                                                                                                                
Co-Chair John Torgerson clarified that the money could only                                                                     
be spent in the category in which it was designated to be                                                                       
spent.  It was still subject to the power of appropriation                                                                      
by the Legislature, but could not be appropriated for                                                                           
another category. This bill would designate that the                                                                            
pioneer home receipts could only be spent for pioneer home                                                                      
programs. The funds would still have to be appropriated.                                                                        
If the Legislature appropriated a lesser amount than was                                                                        
collected, the balance would remain as a designated receipt                                                                     
for the pioneer homes.                                                                                                          
                                                                                                                                
Senator Lyda Green went back to an earlier conversation on                                                                      
the FY99 supplemental budget request relating to the                                                                            
additional Certified Nursing Assistants positions that                                                                          
would be funded with the increased fees. It was said that                                                                       
would be awkward because previous funding had been from a                                                                       
different source for other employees.  She wanted to know                                                                       
if this was an attempt to solve that problem, or would this                                                                     
leave the Legislature out of the loop on decisions to add                                                                       
new positions.                                                                                                                  
                                                                                                                                
Co-Chair John Torgerson responded that the Legislature                                                                          
would still be in the loop. The total budget for the                                                                            
pioneer homes was $33 million so this amount was just a                                                                         
portion.                                                                                                                        
                                                                                                                                
Senator Sean Parnell explained the dispute on the                                                                               
supplemental budget matter and how this situation was                                                                           
different.  The existing CAN positions were funded with                                                                         
general funds and the proposed positions would have been                                                                        
funded with program receipts. This legislation would treat                                                                      
the program receipts as one category.  He stated that this                                                                      
was a good policy call because $12 million would be moved                                                                       
from what was considered general fund spending.  There were                                                                     
many revenue or enterprise type activities throughout state                                                                     
government such as the University of Alaska that were                                                                           
already treated that way. At this point, he was not ready                                                                       
to support the bill but felt there should be discussion as                                                                      
to how these funds should be treated.                                                                                           
                                                                                                                                
Senator Lyda Green was uncomfortable with this bill.                                                                            
                                                                                                                                
Senator Dave Donley suggested the Division of Insurance                                                                         
should be included in the designated receipts category                                                                          
because if was difficult to do their budget. He had that                                                                        
budget in the past.  He detailed the problem where the                                                                          
companies actually paid for the services provided, but the                                                                      
receipts were shown as general fund.  It didn't make sense                                                                      
to take cuts to that program because that would just reduce                                                                     
the service to the companies who had paid for it.  He spoke                                                                     
of the pressure to cut general funds but felt this process                                                                      
was not successful.                                                                                                             
                                                                                                                                
Senator Randy Phillips stated it in more simplistic terms                                                                       
saying that the constitution prohibited the Legislature                                                                         
from dedicating funds unless otherwise authorized by the                                                                        
constitution. Most of the programs listed in the bill were                                                                      
nothing but a "white picket fence."                                                                                             
                                                                                                                                
Senator Lyda Green asked if Senator Dave Donley's                                                                               
distinction for the Division of Insurance was for the                                                                           
program receipts to fully pay for the entire division. She                                                                      
warned that other departments such as Department of Natural                                                                     
Resources and the Division of Motor Vehicles would then be                                                                      
claiming they were entitled to collect all of their                                                                             
revenues and the state would be unable to fund other                                                                            
functions.                                                                                                                      
                                                                                                                                
Co-Chair John Torgerson agreed and stated that was the                                                                          
purpose of this discussion                                                                                                      
                                                                                                                                
Senator Gary Wilken pointed out that three out of four                                                                          
patients in the pioneer homes paid for their care                                                                               
themselves. From the time they moved into the home, they                                                                        
did not go outside the home to use any other state                                                                              
services. He felt it was easy to distinguish between their                                                                      
needs and their draw on state services. He also stressed to                                                                     
Senator Randy Phillips that the constitution spoke to                                                                           
dedicated funds and the bill was for designated funds as                                                                        
mentioned.  Senator Randy Phillips commented that this was                                                                      
a public policy technique.                                                                                                      
                                                                                                                                
Senator Dave Donley said the Division of Insurance used to                                                                      
participate in the designated receipts but was removed                                                                          
because the programs generated more money then they spent.                                                                      
He felt it was unfair that the programs that made money                                                                         
were penalized while the programs that under-generated were                                                                     
given the designated receipts. He didn't have a solution                                                                        
but wanted to see one that treated the groups that over-                                                                        
generated fairer and give them the same degree of                                                                               
protection as those that under-generated.                                                                                       
                                                                                                                                
Co-Chair John Torgerson said the matter had been debated at                                                                     
one time as seen in the changes to the statutes.  He noted                                                                      
that group insurance programs were included but that other                                                                      
insurance programs were not. He didn't know of any of the                                                                       
programs designated that were 100 percent funded with                                                                           
program receipts.                                                                                                               
                                                                                                                                
Senator Al Adams moved for adoption of Amendment #1. Co-                                                                        
Chair John Torgerson objected for discussion.  Senator Al                                                                       
Adams spoke to his motion saying it was not a new idea.                                                                         
This amendment would designate housing receipts as well. It                                                                     
would consolidate all housing programs including the                                                                            
pioneer homes care and support. He provided a table that                                                                        
showed the other housing receipts. He noted other programs                                                                      
participating in the designated receipts method as                                                                              
Department of Fish and Game, Department of Transportation                                                                       
and Public Utilities and Department of Public Safety and                                                                        
the amounts that would change funding categories.                                                                               
                                                                                                                                
The state could use the funding for maintenance and upkeep                                                                      
and other operations of all those facilities.                                                                                   
                                                                                                                                
Senator Randy Phillips asked if there would be a general                                                                        
discussion on the white picket fences first.  If so, he had                                                                     
an amendment to offer.  He did not have one prepared, but                                                                       
would draft one.                                                                                                                
                                                                                                                                
Co-Chair John Torgerson said the bill would not be reported                                                                     
from committee this meeting.  If there were other                                                                               
amendments, they could be submitted later.                                                                                      
                                                                                                                                
Senator Al Adams did not mind if the amendment was voted                                                                        
down.  He did feel the legislation was important and should                                                                     
not be jeopardized.                                                                                                             
                                                                                                                                
Co-Chair John Torgerson thanked Senator Al Adams. He felt                                                                       
the matter was a policy call and needed to be addressed.                                                                        
He would also have some amendments to offer.                                                                                    
                                                                                                                                
Senator Al Adams withdrew his motion to adopt Amendment #1.                                                                     
There was no objection and it was so ordered.                                                                                   
                                                                                                                                
Senator Dave Donley thought the amendment had merit.  He                                                                        
wanted to broaden the discussion to add other programs. He                                                                      
also wanted to hear how the sponsor felt about broadening                                                                       
the scope of the bill.                                                                                                          
                                                                                                                                
Senator Gary Wilken had considered other options when                                                                           
drafting the bill, but felt the pioneers home issue was                                                                         
most important. He had concerns with adding other items                                                                         
that could potentially cloud the issue. It was his desire                                                                       
to keep the bill clean.                                                                                                         
                                                                                                                                
Alison Elgee, Deputy Commissioner, Department of                                                                                
Administration, testified in support of the bill.                                                                               
                                                                                                                                
She added to the history of the pioneer home funding                                                                            
program. When the Pioneer Home Advisory Board made the                                                                          
decision to approach a seven-year ramp up to full cost of                                                                       
care in 1995, they were looking at three primary                                                                                
motivations.  At that time there was consideration of                                                                           
legislation that would have privatized the homes.  The                                                                          
board also felt that there was considerable inequity in the                                                                     
long-term care market. The people who were not fortunate                                                                        
enough to get into a pioneer home were being asked to bear                                                                      
the full cost of care in whatever facility that they did                                                                        
find while those who did get into a pioneer home were                                                                           
getting a tremendous deal. The third reason, and probably                                                                       
the most important to the board, was the fact that with the                                                                     
changing mission, they recognized that they was going to be                                                                     
a need to increase the dollars available to the pioneer                                                                         
home program to provide additional staffing.                                                                                    
                                                                                                                                
At the time the first rate increase went into effect in                                                                         
July 1, the pioneer homes were generating approximately $5                                                                      
million in program receipts. In the current year, they                                                                          
generated almost $10 million in program receipts. That $5                                                                       
million increase was used to offset former general fund                                                                         
appropriations.  In point of fact, it reflected a $5                                                                            
million general fund cost that was previously part of the                                                                       
pioneer home budget that was now being supported by the                                                                         
users of the pioneer home system.                                                                                               
                                                                                                                                
The fiscal note did not show the proposal before the                                                                            
Legislature to increase the program by $2.367 million. The                                                                      
department estimated that additional money to be the amount                                                                     
generated by the increased fees between FY 99 and FY00. The                                                                     
money would still have to be appropriated by the                                                                                
Legislature. It would be the Legislature's decision whether                                                                     
it came in as an increased allotment for spending or                                                                            
continued to supplant general funds that support the                                                                            
program.                                                                                                                        
                                                                                                                                
The change to pioneer home revenues to designated program                                                                       
receipts would allow the Legislature to recognize those                                                                         
revenues as new revenues that were not taking away from                                                                         
other general fund program opportunities. It would also                                                                         
demonstrate the increased support by the residents of the                                                                       
pioneer homes programs.                                                                                                         
                                                                                                                                
She added that it was tough emotionally for the board to                                                                        
implement their plan of continuing to raise the rates.                                                                          
Both the Administration and the board believed it was                                                                           
necessary that the pioneer homes move to a full cost of                                                                         
care.  However, to address the residents who were concerned                                                                     
about their own financial ability to pay the higher rates                                                                       
and not be able to demonstrate improvements in the pioneer                                                                      
home services as a result of those increases had been                                                                           
difficult.                                                                                                                      
                                                                                                                                
She concluded saying the department supported the bill                                                                          
because they believed it accurately reflected the efforts                                                                       
in the program to increase the revenues available other                                                                         
than basic general fund resources.                                                                                              
                                                                                                                                
Lester Westling testified via teleconference from                                                                               
Fairbanks.  He wanted to bring to the attention of the                                                                          
committee that the pioneers homes were also assisted living                                                                     
facilities.  He was unfamiliar with the bill. He heard the                                                                      
same concerns stressed that there was a need to compensate                                                                      
those who provided assisted living to seniors.                                                                                  
                                                                                                                                
Senator Randy Phillips explained the bill to the witness as                                                                     
a potential Christmas Tree.  He had another agency he                                                                           
wished to add to the list of designated program receipts.                                                                       
He wanted the witness to understand that.                                                                                       
                                                                                                                                
Co-Chair John Torgerson ordered the bill held in committee.                                                                     
                                                                                                                                
                                                                                                                                
He announced the schedule for the next meeting Friday, 8:00                                                                     
AM to hear SB 93.  The 6:00PM meeting scheduled for Friday                                                                      
was cancelled.  The scheduled Saturday meeting would still                                                                      
be held.                                                                                                                        
                                                                                                                                
                                                                                                                                
SENATE JOINT RESOLUTION NO. 9                                                                                                   
Proposing amendments to the Constitution of the State                                                                           
of Alaska relating to ways and means bills.                                                                                     
                                                                                                                                
                                                                                                                                
Senator Dave Donley handed out to committee members                                                                             
information for consideration. [No copies were made                                                                             
available to the Senate Finance Committee Secretary for the                                                                     
official record - see minutes from the April 9, 1999                                                                            
meeting.]                                                                                                                       
                                                                                                                                
He told the committee he had been working with Tam Cook,                                                                        
Legal Council, Legal Services, Legislative Affairs Agency,                                                                      
to find a way to allow the Governor some flexibility to do                                                                      
line item veto on a ways and means bill as suggested by                                                                         
Senator Al Adams. Senator Dave Donley had an amendment                                                                          
drafted, which he thought could do that. He and Tam Cook                                                                        
had come up with a plan that would allow the Governor to                                                                        
veto a certain part of a ways and means bill, but could not                                                                     
delete individual words to change the intent of the bill.                                                                       
He detailed the changes to the drafting manual that would                                                                       
accomplish this.                                                                                                                
                                                                                                                                
                                                                                                                                
ADJOURNED                                                                                                                       
                                                                                                                                
Senator Torgerson adjourned the meeting at 7:29 PM.                                                                             
SFC-99 (1) 4/8/99                                                                                                               

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