Legislature(2003 - 2004)

03/03/2004 08:02 AM Senate FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                              MINUTES                                                                                         
                     SENATE FINANCE COMMITTEE                                                                                 
                          March 03, 2004                                                                                      
                              8:02 AM                                                                                         
                                                                                                                                
                                                                                                                                
TAPES                                                                                                                       
                                                                                                                                
SFC-04 # 27, Side A                                                                                                             
SFC 04 # 27, Side B                                                                                                             
                                                                                                                              
CALL TO ORDER                                                                                                               
                                                                                                                                
Co-Chair Lyda  Green convened the meeting at approximately  8:02 AM.                                                            
                                                                                                                                
PRESENT                                                                                                                     
                                                                                                                                
Senator Lyda Green, Co-Chair                                                                                                    
Senator Gary Wilken, Co-Chair                                                                                                   
Senator Ben Stevens                                                                                                             
Senator Fred Dyson                                                                                                              
                                                                                                                                
Also Attending:   SENATOR GEORGIANNA LINCOLN; SENATOR  JOHN COWDERY;                                                          
REPRESENTATIVE   NANCY  DAHLSTROM;   REPRESENTATIVE   BILL   STOLTZ;                                                            
REPRESENTATIVE REGGIE JOULE; REPRESENTATIVE DAVID GUTTENBERG;                                                                   
                                                                                                                                
Attending  via  Teleconference:     There  were  no  teleconference                                                           
participants                                                                                                                    
                                                                                                                                
SUMMARY INFORMATION                                                                                                         
                                                                                                                                
Key Campaign Presentation                                                                                                       
                                                                                                                                
EMILY ENNIS, Executive  Director, Fairbanks Resource Agency, told of                                                            
the over 250 Key  Members present in the State Capitol  for the 17th                                                            
annual   Key  Campaign.   She  listed  parents,   families,   agency                                                            
providers,  friends,  supporters,   and  children  and  adults  with                                                            
developmental disabilities,  as those among those participating. She                                                            
noted that "hundreds  more" were unable to join this  event, as they                                                            
are unable to  speak for themselves. Over the past  16 years the Key                                                            
Campaign  has  been  making  presentations  to  the  Senate  Finance                                                            
Committee, she remarked  that the legislators have listened and that                                                            
their  decisions have  made a  difference.  She gave  examples  of a                                                            
toddler with  disabilities who would  have a better chance  at life,                                                            
and the parents  of a newborn with  severe brain damage,  or a child                                                            
severely  injured  in a  car  accident,  who  would have  access  to                                                            
services such  as respite care, in-home support and  chore services.                                                            
                                                                                                                                
Ms. Ennis  defined  disability as  a physical  or mental  impairment                                                            
that limits  or restricts  major  life functioning,  which could  be                                                            
mobility,  self-care, language,  or the ability  to hold a  job. She                                                            
continued that  developmental disability  happens before  the age of                                                            
22, is  usually life  long and  causes substantial  impairments.  In                                                            
Alaska, she  reported that approximately  two percent, or  12,000 to                                                            
15,000  residents could  experience  a developmental  disability  of                                                            
substantial  nature, and require services  over the course  of their                                                            
lives. She expressed  hope these individuals could  receive services                                                            
to allow them to remain in their homes and in their communities.                                                                
                                                                                                                                
Ms. Ennis compared the  "handful" of services available in 1974 when                                                            
she began working  with disabled people.  She recalled that  parents                                                            
provided care for their  disabled children, despite questioning from                                                            
their doctors,  family and friends. She stated these  parents had no                                                            
training, respite  care, or medical  assistance; yet she  expressed,                                                            
"there was hope."                                                                                                               
                                                                                                                                
Ms. Ennis told of the development  of programs to assist people with                                                            
developmental disabilities  that have received national acclaim. She                                                            
feared  that  efforts  made  to  date  would   be compromised   with                                                            
inadequate funding to sustain these programs.                                                                                   
                                                                                                                                
Co-Chair Wilken asked about  changes of the Department of Health and                                                            
Social Services to reduce  the length of time those needing services                                                            
spend on  the wait list.  He requested the  status of these  efforts                                                            
and  whether  they  are successful  and  provide  a  measurement  of                                                            
success.                                                                                                                        
                                                                                                                                
JOHN HARRIS, Wasilla,  testified that he was born  in Alaska and has                                                            
four children,  the youngest  of which has  autism. He referenced  a                                                            
handout  [copy on  file] detailing  his son,  Aaron's condition  and                                                            
treatment  needs. He  spoke  to the  financial constraints  and  the                                                            
significant impact of any  assistance. He stated that with the early                                                            
intervention and diagnosis  of the Infant Learning Program his child                                                            
would likely  be mainstreamed into  school and society. He  spoke of                                                            
the inability  for others to understand what his situation  is like,                                                            
comparing this to the cancer suffered by his wife.                                                                              
                                                                                                                                
CINDY TURNBOUGH,  Fairbanks,  testified about  her daughter,  Clair,                                                            
and the  virus that calcified  Clair's brain  during her  pregnancy.                                                            
She told of  the joy that Clair has  brought to the family,  as well                                                            
as the fear of  not knowing the extent of Clair's  disabilities. She                                                            
also  described  the  medical  care  necessary   for  Clair's  care,                                                            
including oxygen,  a feeding tube and "suctioning".  She told of the                                                            
Complex  Medical  Care  Waiver  and the  services  provided  by  the                                                            
Fairbanks Resource  Agency and the Special Education  Service Agency                                                            
(SESA) to ensure  Clair could live up to her potential,  such as in-                                                            
home  respite care,  four  surgeries, a  wheelchair  and travel  for                                                            
medical  treatment. She  stated this  assistance  helped her  family                                                            
adjust to Clair's  situation. She indicated she would  support taxes                                                            
and offered  to relinquish her permanent  fund dividend,  as she did                                                            
not  think the  payments are  entitlements.  She  remarked that  her                                                            
friends agree. She pointed  out that there is no "Dr. Spock" book on                                                            
how  to raise  Clair  and that  her  family has  had  to learn  this                                                            
themselves.  Ms.  Turnbough exclaimed  that  Clair  "fights to  live                                                            
through every  illness" and that she has the right  to live her life                                                            
to its fullest  potential. She understood  budget decisions  are not                                                            
easy.                                                                                                                           
                                                                                                                                
Co-Chair  Green  noted  the  Committee  recently   reauthorized  the                                                            
extension  of the SESA  program and  she was grateful  to hear  of a                                                            
situation where the program is being implemented.                                                                               
                                                                                                                                
PAT BUONGIONNE,  Delta Junction,  introduced  his wife Griselda  and                                                            
his son, Robin,  who was diagnosed at birth with Downs  Syndrome. He                                                            
told how the Tanana  Chiefs Conference and its family  services have                                                            
been  a  positive  presence  in his  son's  life.  He  detailed  the                                                            
therapeutic  and medical equipment  provided to them at no  cost. He                                                            
furthered  that Robin  receives a  set amount of  funds through  the                                                            
Core   Services  Program   to   help  with   educational,   medical,                                                            
nutritional and respite  care. He noted that Medicaid does not cover                                                            
nutritional  support   because  it  is  classified  as  alternative                                                             
treatment.  He hoped these services,  many of which are provided  in                                                            
Alaska but not in other  states, would not incur funding reductions.                                                            
He  expressed  desire that  there  were no  disabled  children,  but                                                            
"there are  and they are with us."  He was hopeful for continuation                                                             
of these programs in the future.                                                                                                
                                                                                                                                
Senator  Lincoln  asked  if  the family  traveled  to  Fairbanks  to                                                            
receive  services  from the  Tanana  Chiefs Conference,  or  whether                                                            
services were brought to their home.                                                                                            
                                                                                                                                
Mr. Boungionne  replied  that a  speech therapist  travels to  their                                                            
home,  although they  have  traveled to  Fairbanks  to receive  some                                                            
services.  He also  told of  grants received  to upgrade  a room  in                                                            
their home for  therapy use. In addition, he stated  that because of                                                            
concerns about a nearby  creek, funds were provided to build a fence                                                            
to prevent Robin from fall in.                                                                                                  
                                                                                                                                
Senator Lincoln  hoped that in her  lifetime, people would  not have                                                            
to travel to Juneau to  request services, because the services would                                                            
be provided.                                                                                                                    
                                                                                                                                
KIM SIMPSON,  residential habilitation  provider for FOCUS,  Inc. in                                                            
Chugiak,  formally known as  a foster care  provider, read  a letter                                                            
from Aubrey as follows.                                                                                                         
                                                                                                                                
     Thank you for being  a key to my success. My name is Aubrey and                                                            
     I'm  two years  old.  I've been  receiving services  under  the                                                            
     Children with Complex  Medical Conditions (CCMC) waiver through                                                            
     FOCUS, Inc.  for the past year. And oh, what  a year it's been!                                                            
     I've gained  7 1/2 pounds and  grew 4 inches. I've learned  how                                                            
     to sit  up, crawl and pull myself  up on the furniture.  I only                                                            
     had to stay  overnight at the hospital five nights,  we went to                                                            
     the emergency  room a couple of times, but they  let me go home                                                            
     with my Mom  and Dad. I didn't have to have any  surgeries this                                                            
     year!  I was even healthy  enough to  visit my other Mom,  Dad,                                                            
     sisters and brothers  in the village. I have so many people who                                                            
     love me,  care for me, support  me, teach me and keep  me safe.                                                            
     Some  people come  to our  house, but  Mom has  to drive  me to                                                            
     other  places.  They watch  my  weight, how  much  I eat,  take                                                            
     pictures  of my heart,  give me shots  and take my blood  - not                                                            
     fun.  They're  also teaching  me  to eat,  walk  and talk,  I'm                                                            
     learning  sign language  and how to play  with other kids.  Now                                                            
     that's  fun. I  love Elmo and  Nemo, looking  at books,  taking                                                            
     baths, listening  to Mozart and playing with  all my toys. When                                                            
     Mom  and Dad  need a break,  I go  to Saige's  house. She's  my                                                            
     respite  provider and she's really  nice. The nurse  from FOCUS                                                            
     told Mom that I have  the CCMC waiver for another year, as long                                                            
     as there is money.  I know I'm getting all the help I need, but                                                            
     there  are other kids  who need help  and have to wait.  Please                                                            
     don't make them wait: they need help, too.                                                                                 
     Thanks again, and we'll see you next year, Aubrey                                                                          
                                                                                                                                
Ms. Simpson  told of Aubrey  coming to her  home and concerns  about                                                            
the impact  on her other  children if he died  while in their  care.                                                            
However,  he has improved  and the hole in  heart is closing  on its                                                            
own.  She reported  Aubrey  is receiving  speech  therapy and  other                                                            
services,  but still  experiences  some seizures.  She  told of  the                                                            
patience,  and appreciation  of little things  she has learned  from                                                            
Aubrey.                                                                                                                         
                                                                                                                                
DENNIS  HAAS, Soldotna,  introduced  his friend,  Roger Randell  and                                                            
told Roger's  story, beginning ten  years ago, of his father  buying                                                            
22-year old  Roger a mobile home,  moving Roger in and then  leaving                                                            
town. Mr. Haas stated that  soon afterwards, "rowdy" teenagers moved                                                            
into the trailer, ate Roger's  food and took his money. Luckily, Mr.                                                            
Haas reported  that concerned citizens  stepped in and signed  Roger                                                            
up for services.  Told of the closure of the Harborview  residential                                                            
treatment  facility  and  placement  of residents  back  into  their                                                            
communities  when possible.  He informed that  for those  remaining,                                                            
most  who had many  needs,  property was  purchased  and a home  was                                                            
built and that  Roger was able to  reside there. Mr. Haas  commented                                                            
that neighbors  expressed  concern at first,  but now embrace  these                                                            
residents.                                                                                                                      
                                                                                                                                
Mr. Haas continued  that Roger's goals  included home ownership  and                                                            
marriage.  With the  receipt  of a sizable  dividend  from the  CIRI                                                            
Native  Corporation,  of which  Roger  is  a shareholder,  Mr.  Haas                                                            
reported that  Roger, was able to make a down payment  on a home and                                                            
plans  to marry  Molly this  spring. Mr.  Haas emphasized  that  the                                                            
amount of funding necessary  to assist Roger and Molly has decreased                                                            
each year and would continue to do so.                                                                                          
                                                                                                                                
Mr. Haas  noted that  people with  disabilities  are like  everyone,                                                            
they shop, pay taxes and  enjoy society. He shared the Key Coalition                                                            
believe  that  the  community  is  a place  for  everyone  and  that                                                            
individuals  who experience a disability  have the right  to live in                                                            
the community.  He  furthered that  individuals  and their  families                                                            
must have the power to  assume a meaningful role in their community.                                                            
He stressed that government  has a primary responsibility to provide                                                            
a realistic,  non-intrusive,  non-segregating  community for  all of                                                            
its citizens.                                                                                                                   
                                                                                                                                
CYD BARTEE, Anchorage,  testified about her six year old son, Jerry,                                                            
diagnosed at age three  of PICA, ODD, and autism, after she suffered                                                            
multiple  injuries at  his doing.  She  spoke of  her difficulty  in                                                            
deciding to  take him to a doctor,  and the feeling of failure  as a                                                            
parent. She  stated that  her son requires  24-hour care due  to his                                                            
violence  toward himself,  his younger brother,  family pets,  other                                                            
children and caregivers.  She brought a pumice stone  to demonstrate                                                            
teeth marks  Jerry made in it when  left in the bath unattended  for                                                            
three  minutes.   She  understood  that  had  she  intervened   with                                                            
treatment earlier,  Jerry's prognosis would be better,  but stressed                                                            
that he has  made progress. She told  of developmental disabilities                                                             
experienced  by  her  four year  old  son  and the  success  he  has                                                            
realized through treatment.                                                                                                     
                                                                                                                                
                                                                                                                                
SFC 04 # 27, Side B 08:49 AM                                                                                                    
                                                                                                                                
                                                                                                                                
Ms. Bartee stated that  Jerry qualified for (CCMC) waiver because he                                                            
is violent. She  told of the treatment he is now receiving,  and the                                                            
significant  medication he takes.  She expressed, "I am drugging  my                                                            
child so  he can  remain in society."  She stressed  that Jerry  has                                                            
high potential  despite his horrible  behaviors. She warned  that if                                                            
she were not provided  the services necessary to assist  her son, he                                                            
would become a burden and  would be unable to contribute to society.                                                            
She furthered  that if this occurred,  she would become a  burden as                                                            
well. She  did not want  her family diminished  and told of  efforts                                                            
they have  made, including  moving into her  in-laws home.  She also                                                            
detailed Jerry's  communication improvements, and  described them as                                                            
an incredible  experience. She admitted that the State  spends a lot                                                            
of  money on  Jerry  and commented  that  she  does not  deserve  to                                                            
receive a  permanent fund  dividend because  of this. She  requested                                                            
that funding for these programs not be reduced any further.                                                                     
                                                                                                                                
STEVE LESKO,  Anchorage, testified  that it is bittersweet  that the                                                            
Key Campaign has had to  lobby the legislature for so many years. He                                                            
expressed  no doubt  that  the delivery  of  services  in Alaska  is                                                            
second to none  in the nation. He attributed this  to the efforts of                                                            
the  legislature,   the   various  gubernatorial   administrations,                                                             
families and service providers.                                                                                                 
                                                                                                                                
Mr. Lesko told about his  reasons for moving to Alaska and remaining                                                            
here.  He stated  the Alaskan  spirit has  allowed  the creation  of                                                            
service systems, along  with the ability to learn from mistakes made                                                            
in  other  states,   such  as  the  institutionalization   of  those                                                            
suffering from developmental disabilities.                                                                                      
                                                                                                                                
Mr. Lesko  pointed out that  the increased  spending for the  (CCMC)                                                            
waiver  program  is not  all  due  to "people".  He  indicated  that                                                            
funding  transfers  to the  Medicaid  program  were made  to  garner                                                            
additional federal funds.                                                                                                       
                                                                                                                                
Mr. Lesko  expressed that  there is no  recidivism in developmental                                                             
disabilities.  He added  that with  effective  delivery of  services                                                            
costs  can and do  decrease.  He remarked  that "all  of us" have  a                                                            
challenge  to provide  a soft  landing for  a "rainy  day" when  oil                                                            
revenues  decline. He surmised  that communities  and neighbors  are                                                            
willing to  make sacrifices  to allow continuation  of programs.  He                                                            
encouraged  broad based  taxes, and  a reduction  in permanent  fund                                                            
dividend payments. He suggested, "Together we can solve this."                                                                  
                                                                                                                                
Ms. Ennis  concluded  by thanking  the Committee  and shared  photos                                                            
demonstrating that community builds life.                                                                                       
                                                                                                                                
ADJOURNMENT                                                                                                                 
                                                                                                                                
Co-Chair Lyda Green adjourned the meeting at 09:05 AM                                                                           

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