Legislature(1999 - 2000)
03/08/1999 01:36 PM Senate HES
| Audio | Topic |
|---|
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SENATE HEALTH, EDUCATION AND SOCIAL SERVICES COMMITTEE
March 8, 1999
1:36 p.m.
MEMBERS PRESENT
Senator Pete Kelly, Vice-Chairman
Senator Gary Wilken
Senator Drue Pearce
Senator Kim Elton
MEMBERS ABSENT
Senator Mike Miller, Chairman
COMMITTEE CALENDAR
SENATE BILL NO. 56
"An Act allowing the disclosure of reports with regard to
inspection and investigations of certain health care facilities,
home health agencies, hospice programs, and assisted living homes;
authorizing the Department of Health and Social Services to license
home health agencies; and providing for an effective date."
-HEARD AND HELD
SENATE BILL NO. 57
"An Act relating to vulnerable adults; and providing for an
effective date."
-HEARD AND HELD
SENATE BILL NO. 58
"An Act establishing an in-home and community-based services
program for certain adults with long-term care needs; and providing
for an effective date."
-HEARD AND HELD
SENATE BILL NO. 59
"An Act relating to the certificate of need program for nursing
care facilities and other facilities; and providing for an
effective date."
-SCHEDULED BUT NOT HEARD
PREVIOUS SENATE COMMITTEE ACTION
SB 56 - See HESS minutes dated 3/3/99
SB 57 - See HESS minutes dated 3/3/99
SB 58 - See HESS minutes dated 3/3/99
SB 59 - See HESS minutes dated 3/3/99
WITNESS REGISTER
Mr. Jay Livey, Deputy Commissioner
Department of Health & Social Services
PO Box 110601
Juneau, AK 99811-0601
POSITION STATEMENT: Commented on SB 56
Ms. Sonya Smith
PO Box 23108
Juneau, AK 99802
POSITION STATEMENT: Commented on SB 57 & SB 58
Ms. Tiffany Shaquanie
PO Box 35652
Juneau, AK 99803
POSITION STATEMENT: Commented on SB 57
Mr. Jonathan Smith
PO Box 23108
Juneau, AK 99802
POSITION STATEMENT: Commented on SB 57
Mr. Donald Williams Sr.
PO Box 22154
Juneau, AK 99802
POSITION STATEMENT: Commented on SB 58
ACTION NARRATIVE
TAPE 99-09, SIDE A
Number 001
VICE-CHAIRMAN KELLY called the Senate Health, Education and Social
Services (HESS) Committee to order at 1:36 p.m. for Chairman Miller
who was out of town. He announced the order of business would be
the legislation resulting from the Long-Term Care Task Force - SB
56, SB 57, SB 58 and SB 59.
SB 56 - HOME HEALTH AGENCIES/HOSPITALS/HOSPICES
VICE-CHAIRMAN KELLY brought up the draft CS to SB 56 with changes
recommended by Deputy Commissioner Lindstrom, and decided the
committee wouldn't adopt the work draft today. Instead, HESS would
take testimony on SB 56 and the other bills.
Number 031
MR. JAY LIVEY, Deputy Commissioner of the Department of Health &
Social Services, remarked that Shelby Larson is on-line to testify
from Anchorage. He recalled the issue in the CS for SB 56 is
whether or not the authority in the previous draft of the bill was
in the proper section of the statute. The suggestion was to move
the language to AS 18.18. Mr. Livey stated the CS does not change
any of the bill's functions.
VICE-CHAIRMAN KELLY asked if Mr. Livey wanted to testify on the
bill, and he responded he would answer questions. Ms. Alison Elgee
and Ms. Jane Demmert were present to answer questions along with
two staff from the Division of Senior Services, Ms. Burrows and Mr.
Dwight Becker, on-line in Anchorage.
Number 067
SB 57-CARE FOR VULNERABLE ADULTS
and
SB 58-SERVICES FOR ADULTS WITH LONG-TERM NEEDS
MS. SONYA SMITH introduced herself by her traditional Tlingit name,
Shool Nik. She said she was speaking on behalf of her elder, Mr.
Donald Williams Sr. with whom she has been working for the past 7
months. She expressed her views and beliefs as a traditional
Native, and mentioned that her job is to teach the youngsters how
to care properly for Mr. Williams.
MS. SMITH said that Mr. Williams qualifies for long-term care but
he has not received any medical services or compensation. She
asked the amount of the appropriations at a state level for
criminals and felons who have disabilities. She requested
documentation from the committee by the date of the next hearing on
the dollar amounts for the elderly and the disabled, including
vulnerable adults. She questioned whether there is any support
given to these individuals on a medical level, or any management of
their medical care. She expressed alarm at the way these bills are
written and enforced at a state level, and avowed there is no
representation at all for people who have disabilities.
Number 239
VICE-CHAIRMAN KELLY requested that Ms. Smith briefly explain what
she would like the committee to do.
MS. SMITH replied she would like to know the state appropriation
numbers that were reached by consensus through the recommendations
of the Alaska Federation of Natives and the Indian Health Service.
She asserted there are two separate laws for vulnerable adults and
persons with disabilities, with no distinction of what defines a
"vulnerable adult."
SENATOR ELTON asked Ms. Smith which department she has been working
with, and she responded Adult Protective Services.
VICE-CHAIRMAN KELLY asked Ms. Smith to leave a copy of her
testimony with the committee aide, Sharon Clark.
Number 273
MS. SMITH said she would not be comfortable leaving her written
testimony unless she could continue a dialogue with the committee
after today. VICE-CHAIRMAN KELLY explained that it would help Ms.
Clark and Senator Miller's office to compile her requests, with
assistance from Senator Wilken who helped to draft the task force
recommendations. MS. SMITH agreed to leave her statement. She
mentioned she has begun working with Senator Miller's office.
Number 282
SENATOR ELTON pointed out to Ms. Smith that one of the elements of
SB 58 is more money for community-based care, an appropriation of
$425.0 that will increase to $800.0 in the future. He allowed that
there might be some provisions in the bill that don't work.
SENATOR WILKEN suggested that Ms. Smith might visit with
Representative Kookesh who was a member of the Long-Term Care Task
force and may have commonality with her issue.
MS. SMITH said she was aware of Representative Kookesh's
participation. She urged the creation of a new task force to do
further work on long-term care issues.
Number 310
MS. TIFFANY SHAQUANIE introduced herself by her Tlingit name. She
then requested that the committee provide "actual funding figures
based on consensus as it relates to persons with disabilities."
She explained that in her Tlingit relationship to Mr. Donald
Williams she is recognized as a child to the elder man's moiety of
the Eagle/Killer Whale Clan. She thanked the committee for the
opportunity to testify on behalf of Mr. Williams, and then she
described his health.
She discussed the new language in SB 57 on Page 2, beginning on
line 24, "The department may not disclose..." and the existing
language beginning on line 28 of Page 2, "The department shall upon
request disclose the number of verified reports..." She asked
whether this means that people can do their own investigation at a
federal level.
She concluded that the way SB 57 reads, Mr. Williams could be
taken from his people at any time.
Number 397
MR. JONATHAN SMITH introduced himself by his Tlingit name and his
clan, the Raven/Dog Salmon. He spoke of his observations of racial
discrimination against his Native people. He said Mr. Williams
needs the care of his mother, Sonya Smith, and that he worries Mr.
Williams could be taken away from the family at any time if those
services aren't good enough.
Number 482
MR. DONALD WILLIAMS SR. explained that Dr. Susan Hunter-Joerns, a
local neurologist, recommended continuation of the medical services
he has been receiving after reviewing his condition and examining
his skull. He told the committee he has four skull fractures and
he takes 600 mg of Dilantin around the clock. He had worked as a
grants specialist for the federal government for fifteen years
until he had an accident in Hobart Bay. He has had several
surgeries. MR. WILLIAMS said he's aware of SB 58, and he asked for
the committee's help in its passage.
Number 518
SENATOR WILKEN explained to those who testified that the purpose of
the vulnerable adult legislation (SB 57) is to provide assistance,
if needed, for a person who has diminished capacity to make a
decision in their own best interest. He stated he doesn't think
the legislation delineates disability by age or by injury, and
certainly not by race. It is simply meant to help those who could
be taken advantage of by someone who is directly or implicitly
charged to look out for their best interests. That is the intent
of SB 57, and SENATOR WILKEN said that nothing in the testimony
today would indicate to him that the bill isn't doing that. He
invited the witnesses to share specifics with the committee so that
it can be proactive and make sure the bill doesn't hurt the
citizens of the state.
VICE-CHAIRMAN KELLY asked for the written testimony of Mr. Smith
and Mr. Williams. He announced that on Monday, March 15 the
committee would again hear SB 56, 57, 58 and 59, with participation
by teleconference. The assisted living bill, SB 73, will be taken
up on March 17. With no further business before the committee, he
adjourned at 2:20 p.m.
| Document Name | Date/Time | Subjects |
|---|