Legislature(2021 - 2022)SENATE FINANCE 532
04/07/2021 09:00 AM Senate FINANCE
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| Audio | Topic |
|---|---|
| Start | |
| SB95 | |
| SB89 | |
| SB98 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | SB 95 | TELECONFERENCED | |
| + | SB 89 | TELECONFERENCED | |
| + | SB 98 | TELECONFERENCED | |
| + | TELECONFERENCED |
SENATE FINANCE COMMITTEE
April 7, 2021
9:16 a.m.
9:16:56 AM
CALL TO ORDER
Co-Chair Bishop called the Senate Finance Committee meeting
to order at 9:16 a.m.
MEMBERS PRESENT
Senator Click Bishop, Co-Chair
Senator Bert Stedman, Co-Chair
Senator Lyman Hoffman
Senator Donny Olson
Senator Natasha von Imhof
Senator Bill Wielechowski
Senator David Wilson
MEMBERS ABSENT
None
ALSO PRESENT
Jasmin Martin, Staff, Senator Wilson.
PRESENT VIA TELECONFERENCE
Jonathon Harshfield, State Property Manager, Anchorage;
John Lee, Director, Senior and Disability Services,
Department of Health and Social Services (DHSS), Palmer;
Craig Baxter, Program Manager, Residential Licensing,
Division of Behavioral Health, Anchorage; JOHN LEE,
DIRECTOR, SENIOR and DISABILITY SERVICES; Tony Newman,
Deputy Director, Division of Senior and Disability
Services, Juneau; Michael Jaffery, Self, Utqiagvik; Linda
Giani, Self, Wasilla; Lois Epperson, Adult Foster Care,
Wasilla.
SUMMARY
SB 89 ASSISTED LIVING HOMES: HOUSE RULES
SB 89 was HEARD and HELD in committee for further
consideration.
SB 95 SEARCH AND RESCUE SURPLUS STATE PROPERTY
SB 95 was HEARD and HELD in committee for further
consideration.
SB 98 ADULT FOSTER CARE FOR DISABLED
SB 98 was HEARD and HELD in committee for further
consideration.
SENATE BILL NO. 95
"An Act relating to the right of first refusal of a
volunteer search and rescue group with respect to
surplus state property."
9:18:35 AM
DAVID WILSON, SPONSOR, introduced himself.
9:18:45 AM
JASMIN MARTIN, STAFF, SENATOR WILSON, introduced herself.
Senator Wilson explained the legislation through the
Sponsor Statement (copy on file):
Search and rescue operations across the State of
Alaska are largely done by volunteer organizations
dispatched by the Alaska State Troopers. These groups
provide lifesaving services to our state at minimal
cost. SB 95 provides assistance to the groups at no
cost to the state.
While search and rescue groups can be reimbursed for
costs incurred during specific operations, the state
does not generally provide them with equipment. This
legislation allows a volunteer search and rescue
organization to exercise the right of first refusal on
items related to search and rescue before the property
is sold, leased, licenses, or disposed of. This bill
enables these volunteer search and rescue groups to
more easily obtain the equipment they need to fulfill
their lifesaving mission.
Ms. Martin addressed the Sectional Analysis (copy on file):
Section 1: Names this act the Ellie Mae Act.
Section 2: Amends AS 44.68.110 to allow an organized
volunteer search and rescue group to exercise right of
first refusal for surplus state items related to
search and rescue before they are disposed of by the
state.
9:21:56 AM
Senator Hoffman remarked that the search and rescue
operations in his district were frequently underfunded. He
wondered why there would be a charge of the full appraised
value. He felt that there should be a discount because they
perform a public function. He also wondered how the search
and rescue members would compete for highly prized items to
provide search and rescue operations.
Senator Wilson replied that the bill was intended to allow
for the entities to find discounted items.
Ms. Martin furthered that they do not necessarily need to
perform a search and rescue party, but in statute it says
that they "could" perform a search and rescue party.
Senator Wielechowski queried the definition of a search and
rescue group.
Ms. Martin replied that it was not defined in statute. //
Senator Hoffman asked about Ellie May.
Senator Wilson responded that it was a fallen canine.
9:26:31 AM
JONATHON HARSHFIELD, STATE PROPERTY MANAGER, ANCHORAGE (via
teleconference), introduced himself.
Co-Chair Bishop wondered whether Mr. Harshfield was in
charge of disposing of excess property.
Mr. Harshfield replied in the affirmative.
Co-Chair Bishop queried some hypothetical situations
regarding applying for excess property in the state fleet.
Mr. Harshfield replied that there would be a brief
qualification process.
Co-Chair Bishop surmised that there would be a competition
with other state agencies.
Mr. Harshfield responded that there would be competition
with other search and rescue groups.
Co-Chair Bishop wondered whether the state had a
reutilization program within state agencies.
9:30:06 AM
Mr. Harshfield replied that there were multiple tiers
within the auction.
Co-Chair Bishop wondered whether there were any other
state-affiliated agencies that would have allowance for
state property.
Senator Wielechowski surmised that there was a tiered
system for the property.
Mr. Harshfield replied in the affirmative.
Senator Wielechowski wondered how the search and rescue
groups were in the second tier when they had the right of
first refusal.
Mr. Harshfield replied that they were in the right of first
refusal for any entity outside of the state.
Senator Wilson furthered that the state was releasing
ownership of the equipment.
Senator Wielechowski wondered who would receive the title
of the property.
Mr. Harshfield replied that most likely the leader of the
group would receive the title, and agreed to work on who
would get ownership at the moment of disbanding of the
group.
9:35:01 AM
Co-Chair Bishop wondered whether Mr. Harshfield was
familiar with the federal government's Department of
Utilization of Property.
Mr. Harshfield replied in the affirmative.
Senator Hoffman wondered whether there was a list of
surplus property to the agencies, and wondered how the list
was disseminated to the nonprofits.
Mr. Harshfield replied that there was no schedule basis. He
stated that there would be work with the Department of
Public Safety (DPS), and reaching out to known search and
rescue groups.
Senator von Imhof felt that it was interesting that an
individual person would receive ownership, rather than an
entity.
Senator Wilson deferred to Ms. Martin.
Ms. Martin replied that there was already a process for
what happens to a piece of equipment that the state owns
for a search and rescue group. She agreed that there was no
regulation for the program because the program did not
exist. She felt that it would be something that would be
outlined in regulation. She stated that an individual
person would take responsibility for a piece of property,
but not necessarily ownership.
Senator von Imhof wondered who would take ownership, and
wondered whether there should be a definition.
Ms. Martin replied that there had been discussion about
limiting the program to certain types of organizations, but
worried that it would leave out different types of
volunteer organizations.
Senator Olson asked for an example of items that would be
considered excess property.
Mr. Harshfield replied that it would be anything that DPS
deemed assigned to that tier.
9:40:23 AM
Senator Olson wondered whether it would include
helicopters.
Mr. Harshfield replied in the affirmative.
Senator Olson wondered whether the Civil Air Patrol would
be qualified in the program.
Senator Wilson replied in the affirmative.
Senator Hoffman surmised that the equipment could come from
any department with surplus equipment.
Senator Wilson replied in the affirmative.
Mr. Harshfield stated that the process had not yet been put
in place.
Senator Olson wondered whether the North Slope Borough
would be eligible for the excess property.
Ms. Martin replied that they were eligible only if they
were a volunteer organization.
Co-Chair Bishop OPENED and CLOSED public testimony.
SB 95 was HEARD and HELD in committee for further
consideration.
SENATE BILL NO. 89
"An Act relating to house rules for assisted living
homes."
9:44:23 AM
JOHN LEE, DIRECTOR, SENIOR AND DISABILITY SERVICES,
DEPARTMENT OF HEALTH AND SOCIAL SERVICES (DHSS), PALMER
(via teleconference), introduced himself. He introduced the
legislation. He stated that the Alaska statutes were not in
compliance with federal regulations, therefore the bill
aligned with the federal regulations.
9:47:18 AM
Mr. Lee addressed the Sectional Analysis (copy on file):
Section 1:
Amends AS 47.33.060 House Rules for Assisted Living
Homes to explicitly require consistency with federal
regulation when house rules are established.
Section 2:
Adds a new section to AS 47.33.060 House Rules for
Assisted Living Homes to make explicit that assisted
living homes that provide waiver services may not
adopt house rules inconsistent with federal
regulations.
Section 3:
Carries the statutory amendments proposed in Section 1
and Section 2 of the bill to AS 47.33.300(a) regarding
a resident's rights to have visitors.
Senator Wielechowski surmised that individuals were allowed
to have visitors at any time.
Mr. Lee agreed.
Senator Wielechowski wondered whether the provider had any
say about a visitor causing a disturbance.
Mr. Lee deferred to Mr. Baxter.
9:49:22 AM
CRAIG BAXTER, PROGRAM MANAGER, RESIDENTIAL LICENSING,
DIVISION OF BEHAVIORAL HEALTH, ANCHORAGE (via
teleconference), explained that if an individual was a
disruption the facility could restrict access with reason.
Co-Chair Bishop OPENED and CLOSED public testimony.
SB 89 was HEARD and HELD in committee for further
consideration.
9:51:01 AM
AT EASE
9:54:28 AM
RECONVENED
SENATE BILL NO. 98
"An Act relating to medical assistance for recipients
of adult foster care services; establishing an adult
foster care home license and procedures; and providing
for the transition of individuals from foster care to
adult foster care homes."
9:54:56 AM
Co-Chair Bishop introduced the bill.
JOHN LEE, DIRECTOR, SENIOR AND DISABILITY SERVICES (via
teleconference), spoke to the Sponsor Statement (copy on
file).
9:56:09 AM
TONY NEWMAN, DEPUTY DIRECTOR, DIVISION OF SENIOR AND
DISABILITY SERVICES, JUNEAU (via teleconference), detailed
the bill with a document title, "SB 98 Adult Foster Care
for Disabled One Page Summary" (copy on file):
What does this bill do?
This bill provides an opportunity for enhanced support
for caregivers of individuals with disabilities who
are in foster care and aging out of the foster care
system. This bill establishes a new residential
setting category, "adult foster care home," in which
those youth with disabilities who are in foster care
can continue to live with their current foster family
after leaving state's custody. This bill allows for a
continuity of care for the individual and provides the
necessary support for the family that is continuing to
provide this care, with decreased administrative
burden than is normally required for an adult assisted
living home.
Why is this bill needed?
Youth who experience disabilities that would otherwise
require a level of care provided in an institution can
qualify for waiver services, including residential
services. In these cases, a foster parent can receive
a daily foster care stipend or may become certified to
provide child family home habilitation to the youth.
Payment rates for both are intended to cover the
recipient's need for 24/7 care. In certain situations,
and if justified in a child's support plan, personal
care services can also be provided to the child in the
licensed home.
When youth transition to adulthood, the foster care
payment is no longer available because the youth is no
longer in OCS custody. Other options to support their
living needs either pay less or have higher
requirements for certification; do not allow personal
care services to be provided; and would require the
foster parent to license their home as an assisted
living home. The bill aims to create an adult foster
care option in statute that allows for the youth to
remain in the same home they have been living; enable
the foster parent to continue to receive adequate
support to provide 24/7 care; allow for personal care
services if the individual's support plan demonstrates
this need; and provide oversight to ensure that the
home is a safe and positive setting in which the
individual's needs can be met, without requiring that
the home setting be licensed as an assisted living
home. This bill will provide a new license type,
similar to the current child foster care home license,
that will provide structured services and family
continuity for disabled youth after aging out of the
traditional foster care system. The bill also will
create a new service, adult foster care, that will
ensure providers are qualified and supported in
providing care to these individuals.
How many individuals will this bill affect?
On March 1, 2021, 50 foster care youth were either
placed on a home and community-based waiver or were
waiting to receive these services. The Office of
Children's Services estimates that a maximum of 10 of
these youth will age out of the foster care system
each year.
9:59:37 AM
Mr. Newman addressed a graphic on display in the committee
room (copy not on file).
10:04:53 AM
Senator Wielechowski queried the estimate of the number of
people impacted and the total cost.
Mr. Newman replied that there were roughly 20 children that
were on a Medicaid Home and Community Based waiver and in
foster care. He stated that there was an estimate of a
maximum of ten youth per year transitioning into the
service. He could provide an overview of the fiscal notes.
Co-Chair Bishop stated that the fiscal notes would be
covered later.
10:05:42 AM
Senator Olson queried the difference between an assisted
living home license and an adult foster care license.
Mr. Newman replied that the bill would create an adult
foster care license, and then regulation would define the
details of what an adult foster home license.
Senator Olson queried the difference between an assisted
living home license and an adult foster care license.
Mr. Newman replied that the intention of the bill made it
clear that the goal was to provide for a streamlined
transition from a child foster home license to an adult
foster home license.
Senator Olson asked why there was not more for personal
care services.
Mr. Newman responded that he wanted to represent the
specific services. He furthered that personal care services
would be a separate, and additional cost.
Senator Wielechowski stated that he had some questions
about the fiscal note.
10:09:09 AM
Mr. Newman addressed the Sectional Analysis (copy on file):
Section 1: Adds a new section to AS 47.07, Medicaid
Assistance for Needy Persons, to declare that the
state's policy is to support individuals who are or
were in the custody of the state under AS 47.10 (Child
in Need of Aid), residing in a licensed foster care
home, and eligible for home and community-based waiver
services by providing the means for an individual to
remain in the same home and with the same families
when they are released from state custody after
turning 18 years of age.
This section requires the department to make
reasonable efforts to implement adult foster care
services in a streamlined manner.
This section creates a new section, AS 47.07.048, that
sets out the provision of adult foster care services,
and requires the department to: assist foster parents
with transitioning from a foster care license to an
adult foster care home license; pay the cost of
maintenance necessary to assure adequate care for an
adult foster care recipient through a daily rate set
by the department; allow the individual to receive
habilitative and rehabilitative care in addition to
the adult foster care service; and adopt regulations
to implement this section.
Section 2: amends AS 47.32.010(b) to add a new entity,
"adult foster care homes," that shall be subject to
the centralized licensing functions of the department.
Section 3: adds a new section to AS 47.32 that defines
the conditions under which the department may license
an adult foster care home. A person may be licensed to
operate such a home for a minor when the minor turns
18 if the person holds a license under this chapter to
operate a foster home at the time of application; and
is providing care for a minor who is, or who was, at
the time of turning 18, in the custody of the state
and residing in the person's licensed foster care home
and was receiving home and community-based waiver
services under AS 47.07.045.
This section requires the department to streamline the
application process necessary for the person to be
approved as an adult foster care home provider and
requires that the department approve variances of
building code requirements to the extent permitted by
state, local, or federal law.
Section 4: amends AS 47.32.900 to add new paragraph
(23) defining "adult foster care home" as a residence
where an adult head of household provides 24-hour care
for not more than two adults for compensation or
reimbursement under the adult foster care service; and
defines "care" as providing for the physical, mental,
and social needs of an individual.
Section 5: amends uncodified law by adding a new
section that requires the Department of Health and
Social Services to submit for approval by the United
States Department of Health and Human Services an
amendment to the state medical assistance plan,
waivers, or an 1115 demonstration waiver as necessary
to allow eligible individuals to receive adult foster
care services and other long-term care services that
are not duplicative.
Section 6: amends uncodified law by adding
instructions to the revisor of statutes to give effect
to the provisions of this bill by changing "Department
Health and Social Services" to "Department of Health"
as proposed under the Governor's Executive Order to
reorganize the department if both the Executive Order
and this bill are enacted into law. This section also
requests that, if this bill and another bill amending
the term "crisis stabilization center" to read
"subacute mental health facility" both become law, the
revisor of statutes give effect to both changes of
terms.
Senator Wielechowski looked at the fiscal note OMB number
3234, and wondered whether there was a concurrent decrement
for the $126 per day that the state was currently paying.
Mr. Newman replied that the bill was a potentially lower
cost alternative.
Senator Wielechowski felt that the fiscal note should
reflect a decrement.
Mr. Newman agreed to take a closer examination at the
fiscal note and provide the committee with any potential
savings.
10:14:59 AM
Senator von Imhof stressed that it was difficult to fully
determine the fiscal note.
Senator Hoffman requested that the department provide the
population base of 15-, 16-, and 17-year-olds by community
to see where the need is throughout the state.
Mr. Newman agreed to provide that information.
Co-Chair Bishop agreed with the comments about the fiscal
note from Senator von Imhof. He wondered whether there was
confidence in approval of the waiver.
Mr. Newman replied in the affirmative because other states
had an adult foster home service.
Senator Wilson wondered whether the department could
provide the number of children that choose to stay in
foster care up to age 21.
Mr. Newman agreed to provide that information.
10:20:40 AM
Senator Wielechowski wondered whether there was a provision
for a disabled adult, not under foster care, could be
considered under the proposed program.
Mr. Newman replied that, currently the bill was limited to
people who had left child foster care, but stated that
there had been discussions about that question.
10:21:24 AM
Co-Chair Bishop OPENED public testimony.
10:22:03 AM
MICHAEL JAFFERY, SELF, UTQIAGVIK (via teleconference),
testified in support of the legislation.
10:24:15 AM
LINDA GIANI, SELF, WASILLA (via teleconference), spoked in
support of the bill.
10:28:13 AM
LOIS EPPERSON, ADULT FOSTER CARE, WASILLA (via
teleconference), testified in support of the legislation.
10:31:23 AM
Co-Chair Bishop CLOSED public testimony.
10:31:30 AM
AT EASE
10:31:54 AM
RECONVENED
Co-Chair Bishop stated that the day's afternoon meeting
would be cancelled.
SB 98 was HEARD and HELD in committee for further
consideration.
ADJOURNMENT
10:32:18 AM
The meeting was adjourned at 10:32 a.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 95 v. I Sectional Summary.pdf |
SFIN 4/7/2021 9:00:00 AM |
SB 95 |
| SB 95 v. I Sponsor Statement.pdf |
SFIN 4/7/2021 9:00:00 AM |
SB 95 |
| SB 95 Testimony Access to Surplus State Resources.pdf |
SFIN 4/7/2021 9:00:00 AM |
SB 95 |
| SB 95 Public Testimony.pdf |
SFIN 4/7/2021 9:00:00 AM |
SB 95 |
| SB 95 Exp. of Changes B-I.pdf |
SFIN 4/7/2021 9:00:00 AM |
SB 95 |
| SB 98 Transmittal Letter.pdf |
SFIN 4/7/2021 9:00:00 AM SHSS 3/18/2021 1:30:00 PM |
SB 98 |
| SB 98 Sectional Analysis Version GS 1708 A.pdf |
SFIN 4/7/2021 9:00:00 AM SFIN 3/31/2022 9:00:00 AM SHSS 3/18/2021 1:30:00 PM |
SB 98 |
| SB 98 Adult Foster Care for Disabled Graphic.pdf |
SFIN 4/7/2021 9:00:00 AM SHSS 3/18/2021 1:30:00 PM |
SB 98 |
| SB 98 Adult Foster Care Bill - One Page Summary.pdf |
SFIN 4/7/2021 9:00:00 AM |
SB 98 |
| SB 89 Sectional Analysis Version GS 1675 A.pdf |
HHSS 5/13/2021 3:00:00 PM SFIN 4/7/2021 9:00:00 AM SHSS 3/18/2021 1:30:00 PM |
SB 89 |
| SB 89 One Page Summary.pdf |
HHSS 4/29/2021 3:00:00 PM HHSS 5/4/2021 3:00:00 PM HHSS 5/13/2021 3:00:00 PM SFIN 4/7/2021 9:00:00 AM SHSS 3/18/2021 1:30:00 PM |
SB 89 |
| SB 89 Transmital Letter.pdf |
SFIN 4/7/2021 9:00:00 AM SHSS 3/18/2021 1:30:00 PM |
SB 89 |
| SB 89 Settings Information webpage.pdf |
HHSS 4/29/2021 3:00:00 PM SFIN 4/7/2021 9:00:00 AM SHSS 3/18/2021 1:30:00 PM |
SB 89 |
| SB 89 Letters of Support.pdf |
SFIN 4/7/2021 9:00:00 AM |
SB 89 |
| SB 89 Final Rule 42 CFR 441.301c.pdf |
SFIN 4/7/2021 9:00:00 AM SHSS 3/18/2021 1:30:00 PM |
SB 89 |
| SB 89 FAQ on Final Rule prepared by Coalition for Community Choice.pdf |
HHSS 4/29/2021 3:00:00 PM HHSS 5/4/2021 3:00:00 PM HHSS 5/13/2021 3:00:00 PM SFIN 4/7/2021 9:00:00 AM SHSS 3/18/2021 1:30:00 PM |
SB 89 |
| SB 89 AARP Support HB103 and SB89.pdf |
HHSS 4/13/2021 3:00:00 PM HHSS 4/29/2021 3:00:00 PM SFIN 4/7/2021 9:00:00 AM |
HB 103 SB 89 |