Legislature(1999 - 2000)

04/05/2000 01:37 PM Senate HES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
     SENATE HEALTH, EDUCATION AND SOCIAL SERVICES COMMITTEE                                                                   
                          April 5, 2000                                                                                         
                            1:37 p.m.                                                                                           
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Mike Miller, Chairman                                                                                                   
Senator Pete Kelly, Vice-Chairman                                                                                               
Senator Gary Wilken                                                                                                             
Senator Drue Pearce                                                                                                             
Senator Kim Elton                                                                                                               
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
None                                                                                                                            
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
CS FOR SENATE BILL NO. 80(CRA)                                                                                                  
"An Act  relating to contracts for  the provision of  state public                                                              
assistance  to  certain recipients  in  the state;  providing  for                                                              
regional  public  assistance  plans  and programs  in  the  state;                                                              
relating to grants  for Alaska Native family  assistance programs;                                                              
and providing for an effective date."                                                                                           
     -MOVED CSSB 80(HES) OUT OF COMMITTEE                                                                                       
                                                                                                                                
CS FOR HOUSE BILL NO. 297(STA)(title am)                                                                                        
"An Act  relating to the  circumstances under which  an ambulatory                                                              
surgical facility  may relocate its  services without  obtaining a                                                              
certificate  of need  and relating  to the subsequent  use  of the                                                              
site from  which the ambulatory  surgical facility  relocated; and                                                              
providing for an effective date."                                                                                               
     -MOVED CSHB 297(STA)(title am) OUT OF COMMITTEE                                                                            
                                                                                                                                
PREVIOUS SENATE COMMITTEE ACTION                                                                                              
                                                                                                                                
SB 80 -   See Community and Regional Affairs  minutes dated 3/8/99                                                              
         and 3/17/99.                                                                                                           
                                                                                                                                
HB 297 - No previous Senate action.                                                                                             
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
Representative Jeanette James                                                                                                   
Alaska State Capitol                                                                                                            
Juneau, AK  99801                                                                                                               
POSITION STATEMENT:  Sponsor of HB 297                                                                                        
                                                                                                                                
Elmer Lindstrom                                                                                                                 
Special Assistant                                                                                                               
Department of Health and Social Services                                                                                        
PO Box 110601                                                                                                                   
Juneau, AK  99811-0601                                                                                                          
POSITION STATEMENT:  DHSS has no objection to HB 297                                                                          
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                              
TAPE 00-15, SIDE A                                                                                                            
Number 001                                                                                                                      
                                                                                                                                
CHAIRMAN  MILLER called  the Senate Health,  Education and  Social                                                            
Services  (HESS) Committee  to order  at 1:37  p.m.  Present  were                                                              
Senators Elton, Wilken and Miller.                                                                                              
                                                                                                                                
         SB  80-PUB.ASSISTANCE:PROGRAMS/GRANTS/CONTRACTS                                                                    
                                                                                                                                
CHAIRMAN MILLER  announced that  a proposed committee  substitute,                                                              
labeled  version "G,"  had been  prepared  which contains  changes                                                              
requested by the Department of Health  and Social Services (DHSS).                                                              
SENATOR WILKEN  moved to adopt the proposed  committee substitute.                                                              
There being no objection, the motion carried.                                                                                   
                                                                                                                                
SENATOR ELTON moved CSSB 80(HES)  out of committee with individual                                                              
recommendations  and  its  zero  fiscal  note.    There  being  no                                                              
objection, the motion carried.                                                                                                  
                                                                                                                                
              HB 297-AMBULATORY SURGICAL FACILITIES                                                                         
                                                                                                                                
REPRESENTATIVE  JEANETTE  JAMES, sponsor  of  HB  297, stated  the                                                              
version before  the committee [CSHB  297(STA)(title am)]  is quite                                                              
different from  the original version.   After a lot  of discussion                                                              
in  House committees,  a  solution  to  the immediate  problem  of                                                              
raising the  $1 million floor was  found.  The new  version simply                                                              
allows relocation of  a health care facility to a  new site in the                                                              
same community without  a certificate of need as  long as there is                                                              
no increase  in the services  offered.   It also disallows  use of                                                              
the  vacated  site for  another  health  care facility  without  a                                                              
certificate of need, notwithstanding the $1 million floor.                                                                      
                                                                                                                                
SENATOR  WILKEN asked  Representative  James if  the problem  that                                                              
prompted this bill originated in Fairbanks.                                                                                     
                                                                                                                                
REPRESENTATIVE JAMES replied the  real problem is in Anchorage but                                                              
there is a presumed problem in Fairbanks  as well.  This bill will                                                              
fix the  Anchorage problem but does  not address the  situation in                                                              
Fairbanks.  A facility in Anchorage  wishes to relocate two blocks                                                              
away.    The facility  size  will  remain  the same  but  doctors'                                                              
offices will  be built in the  parking lot.  Previously,  moving a                                                              
facility   was allowed without  a certificate  of need as  long as                                                              
services were  not expanded.   But, another facility  in Anchorage                                                              
moved and afterward the existing  facility was replaced by another                                                              
health care facility under the $1  million cap, therefore services                                                              
were  expanded.   DHSS could  not allow  the requested  relocation                                                              
without  a certificate  of need.   This  bill will  allow DHSS  to                                                              
permit the  new relocation  without a certificate  of need.    She                                                              
has made  a commitment  to continue  to study  this issue  further                                                              
during the next  year to find out what can be  done to solve these                                                              
problems throughout the state.                                                                                                  
                                                                                                                                
CHAIRMAN  MILLER  noted  that  Senators   Pearce  and  Kelly  were                                                              
present.  He stated it is his intent  to pass this legislation out                                                              
of committee today and that he has  always supported the repeal of                                                              
the certificate of  need however, considering the  short amount of                                                              
time available left in the session,  a repeal is not possible this                                                              
year.  He said  the legislature raised the limit  to $1 million in                                                              
1983.                                                                                                                           
                                                                                                                                
SENATOR  WILKEN  asked whether  CSHB  297(STA)(title  am) has  any                                                              
further committees of referral.                                                                                                 
                                                                                                                                
CHAIRMAN MILLER said it will go to the Rules Committee.                                                                         
                                                                                                                                
SENATOR WILKEN asked  that a representative of DHSS  comment on HB
297.                                                                                                                            
                                                                                                                                
MR. ELMER LINDSTROM,  Special Assistant to Commissioner  Perdue at                                                              
DHSS, said DHSS  has no objection to the bill  as presented today.                                                              
To his understanding, an existing  ambulatory surgical center with                                                              
a certain set of capabilities wants  to relocate with the same set                                                              
of capabilities.   This bill would  allow that to occur  without a                                                              
certificate of  need for the  replacement facility.   Commissioner                                                              
Perdue shares Representative  James' belief that  it is worthwhile                                                              
to review the underlying certificate  of need law.  Last year, the                                                              
Long Term  Care Task Force put  in place new and  very appropriate                                                              
standards  for long term  care facilities  and nursing  facilities                                                              
and review  the certificate of need.   This bill contains  the old                                                              
standards  which  apply to  acute  care  facilities.   Times  have                                                              
changed.   The old  standards contain  definitional problems  that                                                              
are worth further discussion.                                                                                                   
                                                                                                                                
SENATOR PEARCE  moved CSHB 297(STA)(title am) from  committee with                                                              
individual recommendations.  There  being no objection, the motion                                                              
carried.                                                                                                                        
                                                                                                                                
CHAIRMAN MILLER announced that HB  191 would be heard next Monday,                                                              
as well  as the confirmations  to the  Alaska Mental  Health Trust                                                              
Authority and the Board of Regents.  There being no further                                                                     
business, he adjourned the meeting.                                                                                             

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