Legislature(1993 - 1994)
04/21/1993 01:45 PM Senate HES
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+ teleconferenced
= bill was previously heard/scheduled
SENATE HEALTH, EDUCATION AND SOCIAL SERVICES COMMITTEE
April 21, 1993
1:45 p.m.
MEMBERS PRESENT
Senator Steve Rieger, Chairman
Senator Bert Sharp, Vice-Chairman
Senator Loren Leman
Senator Mike Miller
Senator Jim Duncan
MEMBERS ABSENT
Senator Johnny Ellis
Senator Judy Salo
COMMITTEE CALENDAR
HOUSE BILL NO. 3
"An Act relating to public home care providers; and providing
for an effective date."
CS FOR HOUSE BILL NO. 4(JUD)
"An Act relating to failure to report harm or assaults of the
elderly or disabled."
CS FOR HOUSE BILL NO. 137(JUD)
"An Act authorizing special medical parole for terminally ill
prisoners."
CS FOR HOUSE BILL NO. 171(FIN)
"An Act providing coverage for hospice care under the Medicaid
program; reordering the priorities given to optional services
under the Medicaid program; and providing for an effective
date."
CS FOR HOUSE BILL NO. 136(FIN)
"An Act relating to revocation of and limitations on a
driver's license; to the offenses of driving while intoxicated
and refusal to submit to a breath test; imposing a limited
license fee; amending Alaska Rule of Civil Procedure 32(b);
and providing for an effective date."
CS FOR HOUSE BILL NO. 235(FIN)
"An Act relating to educational programs and services for
children with disabilities and other exceptional children and
to persons with a handicap; and providing for an effective
date."
PREVIOUS SENATE COMMITTEE ACTION
HB 3 - No previous action to record.
HB 4 - No previous action to record.
HB 137 - No previous action to record.
HB 171 - No previous action to record.
HB 136 - No previous action to record.
HB 235 - See State Affairs minutes dated 4/14/93 &
4/19/93.
WITNESS REGISTER
Representative Jerry Mackie
State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Prime Sponsor of HB 3 & HB 4
Representative Eldon Mulder
State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Prime Sponsor of HB 136 & HB 137
Judy Mathis, Staff to Representative Ron Larson
State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Offered information on HB 171
Ritchie Sonner, Executive Director
Hospice & Home Care of Juneau
3200 Hospital Drive, #100
Juneau, AK 99801
POSITION STATEMENT: Supports HB 171
Myra Howe, State Director of Special Education
Department of Education
800 W. 10th St., Suite 200
Juneau, AK 99801-1894
POSITION STATEMENT: Offered information on HB 235
Juanita Hensley
Division of Motor Vehicles
Department of Public Safety
P.O. Box 20020
Juneau, AK 99802-0020
POSITION STATEMENT: Present to respond to questions
on HB 235
Chris Christensen, Legal Counsel
Alaska Court System
300 K St.
Anchorage, AK 99501-2084
POSITION STATEMENT: Suggested amendment to HB 235
Marc Grober
Nenana, AK
POSITION STATEMENT: Suggested changes to HB 235
ACTION NARRATIVE
TAPE 93-38, SIDE A
Number 001
CHAIRMAN RIEGER called the Senate Health, Education and Social
Services (HESS) Committee to order at 1:45 p.m. He introduced
HB 3 (REGULATION OF HOME CARE PROVIDERS) and CSHB 4(JUD)
(PROTECT ELDERLY AND DISABLED ADULTS) as the first order of
business.
REPRESENTATIVE JERRY MACKIE, prime sponsor of HB 3 and HB 4,
explained the legislation restricts the ability of a home care
provider to assume power of attorney and requires criminal
background checks on any individual providing home care
services paid for with public funds for elderly or disabled
persons. These groups are particularly vulnerable to abuse
because of age, illness, disability and the isolation of being
at home alone with a care giver.
The bill also requires background checks on home care
providers paid through Older Alaskan Commission grants and
respite care providers paid through the Division of Family &
Youth Services.
An important aspect of HB 3 is that the Department of Health
and Social Services is required to implement regulations
identifying actions to be taken upon reports of harm by a
home care provider. It also protects the due process rights
of the provider.
Representative Mackie said CSHB 4(JUD) provides that
conviction of a person licensed, certified or regulated by a
board or the Department of Commerce for abuse of an elderly
or disabled person may be considered grounds for disciplinary
proceedings and sanctions.
There being no further testimony on HB 3 and CSHB 4(JUD),
CHAIRMAN RIEGER asked for the pleasure of the committee.
SENATOR LEMAN moved that HB 3, along with the accompanying
fiscal notes, be passed out of committee with individual
recommendations. Hearing no objection, it was so ordered.
SENATOR MILLER moved that CSHB 4(JUD), along with the
accompanying fiscal notes, be passed out of committee with
individual recommendations. Hearing no objection, it was so
ordered.
Number 110
CHAIRMAN RIEGER introduced CSHB 137(JUD) (PAROLE OF TERMINALLY
ILL PRISONERS) as the next order of business.
REPRESENTATIVE ELDON MULDER, prime sponsor of HB 137, said the
legislation is a byproduct of the Sentencing Commission's
recommendation that an allowance for special medical parole
for terminally ill patients be placed in statute. This would
allow the department and the parole board an additional tool
whereby they could save dollars when evaluating people for
parole who have not been eligible for parole in the past.
SENATOR LEMAN asked if there was a definition for "terminally
ill." REPRESENTATIVE MULDER responded that it was left open
because "terminally ill" varies so much and it is impossible
to anticipate all the circumstances or occasions. The parole
board recommended leaving that definition in that form,
knowing that they are going to very conservatively, if ever,
use this. It would be used only in those instances where the
board felt that the person being paroled was not a danger to
society, which is a requirement that was put into the bill.
There being no further testimony on CSHB 137(JUD), CHAIRMAN
RIEGER asked for the pleasure of the committee.
SENATOR MILLER moved that CSHB 137(JUD), along with the
accompanying fiscal notes, be passed out of committee with
individual recommendations. Hearing no objection, it was so
ordered.
Number 175
CHAIRMAN RIEGER introduced CSHB 171(FIN) (MEDICAID COVERAGE
FOR HOSPICE CARE) as the next order of business.
JUDY MATHIS, staff to Representative Ron Larson, prime sponsor
of HB 171, explained the legislation will extend coverage of
hospice service to Medicaid eligible adults who do not qualify
for Medicare. Hospice care is already a Medicaid covered
service for children and is available to people who qualify
for Medicare.
Number 190
RITCHIE SONNER, Executive Director of Hospice & Home Care of
Juneau, voiced her support for HB 171, saying the hospice
method of care is a cost-effective way of treating people who
are terminally ill.
There being no further testimony on HB 171, CHAIRMAN RIEGER
asked for the pleasure of the committee.
SENATOR MILLER moved that CSHB 171(FIN), along with the
accompanying fiscal notes, be passed out of committee with
individual recommendations. Hearing no objection, it was so
ordered.
Number 220
CHAIRMAN RIEGER introduced CSHB 136(FIN) (DRUNK DRIVING AND
BREATH TEST OFFENSES) as the next order of business.
REPRESENTATIVE ELDON MULDER, prime sponsor of HB 136, said the
Sentencing Commission report called for alternative sentencing
for individuals convicted of DWI's, but it left open what, in
fact, they wanted or desired.
In working with the Department of Corrections, the Department
of Law, Mothers Against Drunk Driving (MADD) and the
Department of Public Safety, HB 136 was crafted. It provides
that those individuals convicted of DWI would serve their time
in half-way homes, they would be required to pay for their
time in half-way homes, and while they are in half-way homes,
they will be required to do community service. The provision
applies to those individuals convicted for the first and
second time.
Representative Mulder said that it is estimated that over a
period of time the legislation will save the state a
substantial amount of money, and it will also diminish the
backlog which currently exists in relation to people waiting
to serve their time.
HB 136 also restricts the issuance of limited licenses and
provides that only after a first DWI is an individual allowed
to make application for a limited license. Currently, an
individual convicted of DWI is eligible to apply for a limited
license up to the sixth conviction.
CHAIRMAN RIEGER referred to page 6, line 14, and asked for the
reasoning for having a uniform average cost of imprisonment
rather than having direct costs. REPRESENTATIVE MULDER
answered that if there is not a half-way house or CRC
established within a community, the commissioner can make
allowance for designating another facility which is
appropriate. The costs throughout the state are going to vary
tremendously, and it was determined that in order to be
equitable and fair that there be an average cost so that one
person would not pay a greater cost than another person.
Chairman Rieger then referred to page 6, line 13 and the
language "varying levels of restrictions," which he thought
was too broad, and he suggested changing the phrase to
"provides a restrictive environment." Representative Mulder
stated that he would have no problem with making that change.
JUANITA HENSLEY, Division of Motor Vehicles, Department of
Public Safety, noted that she was present to respond to
questions regarding the limited licenses portion of the bill.
Number 260
CHAIRMAN RIEGER moved that on page 6, line 13 and on page 7,
line 13, delete the phrase "varying levels of restriction" and
replace them with "a restrictive environment." Hearing no
objection, the motion carried.
SENATOR MILLER moved that SCS CSHB 136(HES), along with the
accompanying fiscal notes, be passed out of committee with
individual recommendations. Hearing no objection, it was so
ordered.
Number 275
CHAIRMAN RIEGER introduced CSHB 235(FIN) (SPECIAL EDUCATION
& RELATED SERVICES) as the final order of business.
MYRA HOWE, State Director of Special Education, Department of
Education, said the legislation was introduced upon request
of the Department of Education to bring the state into
compliance with federal law. At present, the department has
a two-year conditional approval of its state plan. The
conditional approval will expire July 1 of this year, and it
has been indicated that if Alaska does not come into
compliance with federal law by that date, funds in the amount
of $8,344,517 for FY 94 will be withheld.
Ms. Howe outlined sections of the bill that address changes
required by the U.S. Department of Education.
Ms. Howe directed attention to a suggested amendment to Senate
State Affairs SCS. The amendment on page 2, line 18 to
Section 6, which relates to independent evaluations, would
add the phrase "from the list provided by the district" after
the word "choosing." She said the department requires that
the school district maintain a list of independent evaluators
and provide that to the parent upon request if the parent
disagrees with the evaluation provided by the school district.
She added that it would not restrict parents as far as
sticking to that list, but that it is the starting point for
considering who is qualified and who isn't to provide an
independent evaluation.
Number 335
CHRIS CHRISTENSEN, Legal Counsel, Judicial Branch, stated the
court system takes no position on the legislation, but they
have a suggested amendment to the State Affairs SCS. The
amendment would be to paragraph (e) on page 4, which relates
to an indigent person being provided with a court appointed
attorney at public expense, and it clarifies that this
function is assigned to the Office of Public Advocacy.
Number 355
MARC GROBER, testifying from Nenana, said the State Affairs
committee substitute does not really resolve the problems he
sees with CSHB 235(FIN), and he has submitted a suggested
committee substitute.
Mr. Grober contends that neither the state nor the legislature
has ever received a letter or any other documentation that
says that HB 235 has to be passed or the state looses $8
million. What has been said is that the state has been out
of compliance allegedly because there is no process to
override a parent's refusal. He said Alaska can meet the
federal requirements simply by telling the federal government
that our existing statutes meets these issues, and the federal
regulations specifically recognize that court proceedings that
resolve these issues are adequate to meet the federal
regulations.
Mr. Grober outlined the following areas of concern with the
legislation:
(1) Despite the "so-called training" for hearing
officers, he has appeared before a number of these hearing
officers and they are by and large not qualified. He suggests
the state implement examination requirements that he has
recommended.
(2) Districts do not maintain lists of qualified
individuals to conduct independent evaluations.
(3) The Office of Public Advocacy regularly represents
the child, and there could be a conflict if the same office
were to represent the indigent parent.
(4) The bill does not identify what the impact of
withdrawal of consent is, as well as what the definition of
"consent" means.
(5) The proposed definition of "educational records"
goes way beyond what is at issue.
Concluding his comments, Mr. Grober said the committee
substitute he has offered meets every single point raised by
the Department of Education without any disenfranchisement of
any parent.
Number 450
CHAIRMAN RIEGER offered the following amendment to page 1,
line 14: delete the phrase "have the right to" and replace
it with the phrase "may be provided." Hearing no objection,
the amendment was adopted.
Number 475
There was extensive discussion between committee members and
Ms. Howe on the Department of Education's suggested amendment
to page 2, line 18, adding the phrase "from the list provided
by the district."
SENATOR SALO offered, for discussion purposes, an amendment
to page 2, line 17, which after the word "by" and before the
word "person," adds the words "an available qualified."
Following brief discussion, the amendment was withdrawn.
TAPE 93-38, SIDE B
Number 055
SENATOR SALO moved the department's amendment to page 2, line
18: After "choosing" add "from the list provided by the
district." SENATOR LEMAN objected. The roll was taken with
the following result: Senators Rieger, Salo and Sharp voted
"Yea" and Senators Miller and Leman voted "Nay." The Chair
stated the motion carried.
Number 075
CHAIRMAN RIEGER referred to page 3, line 22, and the language
"the parent's lack of consent to evaluation" and suggested
replacing "consent to" with "participation in." He said that
all that can really be documented is the parent's lack of
participation rather than to document the parent's state of
mind. He then moved his suggested change as an amendment to
page 3, line 22. Hearing no objection, the amendment was
adopted.
CHAIRMAN RIEGER referred to paragraph (e) on page 4, lines 20
through 22, and stated he was uncomfortable with the language.
SENATOR LEMAN explained that it was added in the State Affairs
Committee and it provides that an indigent will be provided
with an attorney if someone else brings suit against that
person. It levels the playing field to provide that if that
person appeals to the court that they will be provided with
an attorney.
CHAIRMAN RIEGER moved to delete all of the language on lines
20 through 22 on page 4. SENATOR LEMAN objected. The roll
was taken with the following result: Senators Rieger and
Sharp voted "Yea," and Senators Salo, Leman and Miller voted
"Nay." The Chair stated the motion failed.
Number 155
CHAIRMAN RIEGER then moved the amendment suggested by the
court system to page 4, lines 20 through 22, to add language
that empowers the Office of Public Advocacy to provide legal
representation referenced in AS 14.31.095. Hearing no
objection, the motion carried.
Number 195
SENATOR SALO referred to the language in Section 12 on the
top of page 5, and questioned if it was necessary to insert
the same language that was suggested by the Department of
Education and added to Section 6 on page 2. She then moved
that on page 5, line 2, after the word "choosing" insert "from
the list provided by the district." SENATOR LEMAN objected.
The roll was taken with the following result: Senators
Rieger, Sharp and Salo voted "Yea," and Senators Leman and
Miller voted "Nay." The Chair stated the motion carried.
Number 220
SENATOR LEMAN pointed out that the Office of Public Advocacy
had originally submitted a zero fiscal note on the bill, and
he suggested that since the amendment suggested by the court
system has been adopted, they be asked to revisit that fiscal
note.
There being no further amendments or testimony to HB 235,
CHAIRMAN RIEGER asked for the pleasure of the committee.
Number 230
SENATOR SALO moved that SCS CSHB 235(HES), along with the
accompanying fiscal notes be passed out of committee with
individual recommendations.
There being no further business to come before the committee,
the meeting was adjourned at 2:50 p.m.
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