Legislature(2017 - 2018)BUTROVICH 205
03/15/2017 01:30 PM Senate HEALTH & SOCIAL SERVICES
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| Audio | Topic |
|---|---|
| Start | |
| Confirmation Hearings | |
| SB91 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| + | TELECONFERENCED | ||
| += | SB 91 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
SENATE HEALTH AND SOCIAL SERVICES STANDING COMMITTEE
March 15, 2017
5:30 p.m.
MEMBERS PRESENT
Senator David Wilson, Chair
Senator Natasha von Imhof, Vice Chair
Senator Cathy Giessel
Senator Peter Micciche
Senator Tom Begich
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
CONFIRMATION HEARINGS
Mental Health Trust Authority Board of Trustees
Christopher Cooke, appointee
- CONFIRMATION ADVANCED
SENATE BILL NO. 91
"An Act extending the governor's declaration of disaster
emergency to address the opioid epidemic; and providing for an
effective date."
- MOVED CSSB 91(HSS) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: SB 91
SHORT TITLE: EXTEND DISASTER EMERGENCY: OPIOID EPIDEMIC
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
03/10/17 (S) READ THE FIRST TIME - REFERRALS
03/10/17 (S) HSS
03/13/17 (S) HSS AT 1:30 PM BUTROVICH 205
03/13/17 (S) Heard & Held
03/13/17 (S) MINUTE(HSS)
WITNESS REGISTER
CHRISTOPHER COOKE, Appointee
Alaska Mental Health Trust Authority Board of Trustees
Anchorage, Alaska
POSITION STATEMENT: Testified as appointee to the Alaska Mental
Health Trust Authority Board of Trustees.
DR. JAY BUTLER, Chief Medical Officer and Director
Division of Public Health
Alaska Department of Health and Social Services
Juneau, Alaska
POSITION STATEMENT: Addressed questions regarding a committee
substitute for SB 91.
KATE GLOVER, Attorney
Legislative Legal Services
Legislative Affairs Agency
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Answered questions regarding a committee
substitute for SB 91.
ACTION NARRATIVE
5:30:33 PM
CHAIR DAVID WILSON called the Senate Health and Social Services
Standing Committee meeting to order at 5:30 p.m. Present at the
call to order were Senators Giessel, von Imhof, Begich,
Micciche, and Chair Wilson.
^Confirmation Hearings
CONFIRMATION HEARINGS
Mental Health Trust Authority Board of Trustees
5:30:55 PM
CHAIR WILSON invited Christopher Cooke to address the committee.
He explained that Mr. Cooke was nominated by the governor to
serve on the Mental Health Trust Authority Board of Trustees. He
said Mr. Cooke is before the committee to introduce himself and
answer any questions.
5:31:16 PM
CHRISTOPHER COOKE, Appointee, Mental Health Trust Authority
Board of Trustees, Anchorage, Alaska, disclosed that he is an
attorney and 49-year Alaskan resident. He provided personal and
professional background information to the committee. He said he
was interested in issues that confront Alaskans. He noted that
he has educated himself about the Mental Health Trust Authority
over the last several years. He added that he had some contact
with the Mental Health Trust Authority Board of Trustees
regarding some of the programs of the trust. He asserted that
the Mental Health Trust Authority Board of Trustees is a place
where he would like to participate and commit to serving Alaska.
He noted that several members of the Mental Health Trust
Authority Board of Trustees were in attendance to show their
support.
5:34:24 PM
SENATOR GIESSEL noted that the Mental Health Trust Authority is
taking steps to take over management of their investments and
asked Mr. Cooke what his view was on that.
MR. COOKE explained that he knew by statute that the Mental
Health Trust Authority is invested through the Alaska Permanent
Fund Corporation and was not aware of any effort to change that.
He noted that there were recent articles about the Trust Land
Office and the use of proceeds from land investments and
reinvestment of that money. He explained that he was not
familiar with all of the background information on the decisions
made by the Trust Land Office. He asserted that having
controversy about how the trust operates does not benefit the
beneficiaries. He said the purpose of the trust's assets is to
promote the interests of the beneficiaries, not to own property
and engage in property development for development sake.
5:37:24 PM
SENATOR GIESSEL pointed out that the lands that the trust owns
have significant resources on them. She opined that the trust's
resources should be developed for the maximum benefit of
Alaskans, but the Mental Health Trust Authority should benefit
as well. She asked what Mr. Cooke's position is on resource
development on Mental Health Trust Authority lands.
MR. COOKE answered that he supports development to benefit the
trust's beneficiaries. He noted that the Mental Health Trust
Authority has the ability to exchange land; for example, a
possible land trade in Ketchikan that helps both the community
and the Mental Health Trust Authority.
5:40:48 PM
SENATOR GIESSEL concurred that land exchanges are a great way to
benefit the Mental Health Trust Authority beneficiaries. She
specified that her question was on Mr. Cook's position regarding
mineral resource development on Mental Health Trust Authority
land.
MR. COOKE answered that he is new to the board and does not have
a position on any specific development. He said he is not
opposed to mineral development. He revealed that he would rely
on what the Trust Land Office recommends. He referenced former
governor Jay Hammond on the importance of knowing what the costs
as well as the benefits are.
SENATOR MICCICHE stated that his question is important and noted
a "certain little coal mine" on Mental Health Trust Authority
land that is heavily opposed by environmental groups. He set
forth that the Mental Health Trust Authority has selected their
lands for beneficiaries and asked how he is going to respond to
the outside pressure not to develop the land.
5:44:13 PM
MR. COOKE assumed that Senator Micciche was referring to the
Chuitna Coal Mine project. He stated that he was not sure what
the project's status was. He reiterated that he would rely more
on what the Trust Land Office recommends.
SENATOR MICCICHE asked why Mr. Cooke's 2015 appointment was not
successful.
MR. COOKE replied that he did not pay as much attention to the
legislative-confirmation process as he should have. He said he
made a point to reach out and talk to more legislators about
their views of the Mental Health Trust Authority as well as
issues that are considered to be important.
SENATOR MICCICHE stated that Mr. Cooke's party affiliation did
not matter and the seat he sought should be very non-political.
MR. COOKE answered absolutely.
SENATOR MICCICHE noted that Mr. Cooke at one point held one of
the most political seats in the state. He asked if there is any
potential for his previous appointment to get in the way of the
very best decision-making processes that could occur for
beneficiaries.
5:47:38 PM
MR. COOKE replied that his previous appointment will not get in
the way. He concurred that his appointment is for a non-partisan
position. He revealed that he was chair of the Democratic Party
for two years from 1998 to 2000 and has not held party office
since then. He asserted that the "party label" means nothing to
him as far as the work of the Mental Health Trust Authority
Board of Trustees is concerned.
SENATOR BEGICH asked to confirm that Mr. Cooke would support the
Land Office's recommendation if they said there would be a net
benefit to the beneficiaries from mineral development.
MR. COOKE answered that the Land Office's recommendation would
be the minimum threshold.
SENATOR BEGICH revealed that he was involved with the
Legislature in the 1980s when the Mental Health Trust Authority
settlement was addressed. He detailed that in the process part
of the impetus was to ensure that the trust's funds were
invested wisely and invested into the Alaska Permanent Fund. He
disclosed that he recently discovered that no deposits have been
made by the Mental Health Trust Authority in the Alaska
Permanent Fund since 2009. He noted that legislation has been
introduced to correct and codify deposits into the Alaska
Permanent Fund. He asked if Mr. Cooke intends to make sure that
the Mental Health Trust Authority once again begins to make
deposits from their income into the Alaska Permanent Fund.
5:50:22 PM
MR. COOKE answered that he is not well informed on the trust's
financial history regarding deposits into the Alaska Permanent
Fund. He stated that he knows the $200 million settlement from
25 years ago has grown to $600 million and the Mental Health
Trust Authority conducts its business from the revenue that is
derived from the $600 million corpus.
SENATOR BEGICH stated that he is confident that Mr. Cooke will
get up to speed on the issues. He encouraged Mr. Cooke to take
the time to look at the Mental Health Trust Authority's
investment strategies to ensure that their assets be used in the
best interest of the beneficiaries. He noted that a question was
asked of Mr. Cooke's past political affiliation. He asked if Mr.
Cooke's judgement will be affected by individuals with
independent or Republican affiliations.
MR. COOKE answered no.
5:53:05 PM
CHAIR WILSON opened public testimony.
5:53:18 PM
CHAIR WILSON closed public testimony.
SENATOR VON IMHOF moved that the appointment of Christopher
Cooke to the Mental Health Trust Authority Board of Trustees be
forwarded to a joint session for consideration. She set forth
that the appointment does not reflect the intent of any of the
committee members to vote for or against the confirmation of the
individual during any further sessions.
5:53:49 PM
CHAIR WILSON announced that hearing no objection, the
appointment is moved from committee.
5:54:02 PM
At ease.
SB 91-EXTEND DISASTER EMERGENCY: OPIOID EPIDEMIC
5:56:30 PM
CHAIR WILSON called the committee back to order. He announced
the consideration of SB 91. He solicited a motion to adopt the
proposed committee substitute (CS).
5:57:08 PM
SENATOR VON IMHOF moved to adopt the work draft CS for SB 91,
30-GS1127\D.
SENATOR GIESSEL objected for purposes of explanation of changes.
CHAIR WILSON reviewed the sectional analysis for the CS as
follows:
Section 1
Authorizes the chief medical officer to issue a standing order,
including a statewide standing order, for the prescription of an
opioid overdose drug.
Section 2
Repeals section 1 on June 30, 2021.
Section 3
Extends to February 14, 2018 the opioid epidemic public health
disaster emergency declared by Governor Walker on February 14,
2017. This section also limits the sources of funding the
governor may use to respond to the disaster emergency and
requires the Department of Health and Social Services to
complete a report and submit the report to the legislature, on
or before October 1, 2018, describing activities and
expenditures related to substance abuse and mental health
services administration grants and the disaster emergency.
Section 4
Makes the bill retroactive to March 15, 2017.
Section 5
Provides an immediate effective date for the bill.
CHAIR WILSON summarized that the intent of the CS was to make
sure that funding is limited to the scope of the federal
Substance Abuse and Mental Health Services Administration
(SAMHSA) grant which the state of Alaska has already received
with a declaration and the distribution of naloxone. He said the
other part of the CS would allow the Legislature, if deemed to
also allow additional funds, to be expended if additional
federal grants or other funding sources were allowed to respond
to the disaster emergency. He detailed that the final part of
the CS was to make sure that funding for current projects will
not be affected by the actions of SB 91.
5:59:42 PM
SENATOR VON IMHOF thanked Chair Wilson for working on the CS and
stated support for the changes that were made.
CHAIR WILSON added that the CS also allows the state medical
director to have a five-year coverage to extend naloxone
coverage.
SENATOR BEGICH thanked Chair Wilson for the changes and
acknowledged that the CS is acceptable to the Department of
Health and Social Services (DHSS) as well.
SENATOR MICCICHE asked that confirmation from DHSS be placed on
the record.
6:01:21 PM
DR. JAY BUTLER, Chief Medical Officer and Director, Division of
Public Health, Alaska Department of Health and Social Services,
Juneau, Alaska, stated that DHSS is in support of the CS.
SENATOR MICCICHE asked him to clarify that the emergency order
was extended to 2018.
CHAIR WILSON answered yes.
SENATOR MICCICHE inquired why immediate authorization for the
chief medical officer to issue a standing order was also
included. He said he thought the authorization for the chief
medical office was the reason for the declaration in the first
place.
SENATOR VON IMHOF replied that she thought the authorization was
only good for 30 days. She assumed that the authorization was
one-two type of step.
6:03:09 PM
KATE GLOVER, Attorney, Legislative Legal Services, Legislative
Affairs Agency, Alaska State Legislature, Juneau, Alaska,
replied to Senator Micciche's question as follows:
As I understand the purpose of the extension is to
extend the declaration of the disaster emergency
because the governor only has authority to declare a
disaster emergency for 30 days. So this bill would
extend that for an additional year. The first section
of the bill also authorizes the chief medical officer
to issue a standing order and that can be effective
through June 30, 2021; but, I think the purpose of the
retroactivity provision through March 15 is so there
is no gap between the expiration of the governor's
disaster declaration and the extension.
SENATOR MICCICHE stated that there is a "disconnect" with his
question. He restated his inquiry as follows:
The reason for the declaration was to not have a need
for the standing order, yet we are providing a
standing order and no longer have a reason for the
emergency declaration and we are extending the
emergency declaration although we are providing a
standing order that begins on March 15, 2017 and it
goes to 2021.
MS. GLOVER replied to Senator Micciche statement as follows:
The March 15, 2017 applies to the entire bill, not
just to the standing order. As to the specific
authorization for the standing order, that maybe a
question more appropriately directed to the
department.
CHAIR WILSON commented on the five-year grant as follows:
I don't want to speak for the department, but I
believe that the life of the grant is a five-year
grant and so by extending the orders for the chief
medical officer, it extends for the lifetime for the
project declared under the disaster.
6:06:14 PM
SENATOR MICCICHE addressed the need for an emergency declaration
as follows:
Respectively, that is quite clear to me. I don't
believe we any longer have a reason for an emergency
declaration which is my primary question; we have
extended that a year although we have retroactive
coverage for the standing order, which was the reason
for the emergency declaration. So I don't believe we
need both.
DR. BUTLER addressed Senator Micciche's question as follows:
Senator Micciche, I think what you are describing is
correct, the disaster declaration was intended to
establish the authority of the chief medical officer
to do the prescription and the bill now actually
establishes that authority and extends it through the
life of the funding cycle for the program. So whether
or not we need the disaster declaration once we have
that authority I think is a valid question.
SENATOR GIESSEL asked him to verify that the emergency order
also allowed federal receipts of funding.
DR. BUTLER answered no. He specified that the funding had
already been acquired through the federal grant. He specified
that the disaster declaration was the most expeditious way to
move forward with the program.
6:08:31 PM
SENATOR GIESSEL asked him to confirm that deleting the emergency
order's extension would not implicate or remove the funding.
DR. BUTLER answered correct.
SENATOR WILSON asked if DHSS or the administration is looking to
acquire more federal funds throughout different departments; for
example, corrections or public safety.
DR. BUTLER replied that DHSS is looking for other federal
sources of funds.
CHAIR WILSON asked if another declaration is required for
additional funds.
DR. BUTLER answered no.
6:09:51 PM
At ease.
6:16:29 PM
CHAIR WILSON called the committee back to order.
6:16:38 PM
SENATOR GIESSEL removed her objection to the CS.
CHAIR WILSON asked if there were any other amendments.
6:16:45 PM
SENATOR GIESSEL said she'd like to offer a conceptual amendment
and ask Ms. Glover if it works. She explained her conceptual
amendment as follows:
There are two facets to my conceptual amendment. The
first one is on line 5, letter (d), starts out, "The
chief medical officer may issue." So there's a lot of
chief medical officers out there, Mr. Chairman, so I
believe this specification should be made, "The chief
medical officer of the Department of Health and Social
Services may issue a standing order." That is the
first part of conceptual amendment.
The second part relates to section 3, letter (a), and
that appears on line 11, on page 1. We have identified
that (a) is not needed, that is to say the extension
of the disaster emergency because we are authorizing
on line 5, the chief medical officer of DHSS to issue
the standing order; that authorization is being taken
care of in line 5, we don't need a disaster extension
to do that. So we believe that removing section (a)
and then going on to page 2 and removing references to
that extension on lines 3, 5, and 14 would retain the
restrictions on the money aspect of all of this, but
remove that reference to the extension. There's also
the word "extending" in line 1, page 1 in the title,
but that's a drafter's expertise there.
SENATOR GIESSEL summarized that her conceptual amendment is the
addition of DHSS to the chief medical officer's specification
and the removal of the extension of the disaster emergency.
CHAIR WILSON asked Ms. Glover if she had any concerns.
6:19:01 PM
MS. GLOVER addressed Senator Giessel's conceptual amendment as
follows:
With respect to the first part adding, "The Department
of Health and Social Services" after chief medical
officer, I think that would be fine. I believe,
although I can't give you a citation right now, I
believe we do use the term "chief medical officer"
elsewhere in the statutes to refer to the chief
medical officer of the Department of Health and Social
Services without specifying that, but I don't believe
it would hurt to clarify that here.
With respect to the second part, if we were to remove
(a), I don't believe that we would need (b). The only
reason that the governor has the authority to transfer
funds from other sources to use the disaster relief
fund is because he's declared a disaster emergency. I
believe that the disaster emergency ends today, today
is the 15th and so once that disaster emergency
expires then there is no longer a need for those
specific funding restrictions under (b); if it still
must report than (c) is helpful, but I don't believe
that (b) would be necessary anymore either if the only
incentive of extending the disaster was to allow for
standing orders then all that needs to happen to allow
standing orders. The authority to spend funding that
is not appropriated for this purpose goes away when
the disaster declaration ends.
SENATOR MICCICHE noted that the committee planned to support the
opioid epidemic activities by having the bill on the Senate
floor the next day. He asked Ms. Glover if she might have
trouble completing the changes in time for the floor session.
MS. GLOVER replied that her office will try its best.
6:21:23 PM
At ease.
6:23:31 PM
CHAIR WILSON called the committee back to order.
SENATOR GIESSEL summarized the changes to the conceptual
amendment as follows:
We took under consideration your recommendation to
remove section (b) on page 2 and saw the wisdom of
that, (c) now becomes the only piece of section 3, but
we would like to make sure that those are annual
reports. So, what is (c), line 12, on page 2, deletes
"On or before October 1, 2018;" the sentence begins,
"The Department of Health and Social Services shall
'annually'," the word "annually" is added, "Complete a
report describing activities and expenditures, etc."
MS. GLOVER replied that the changes made sound fine. She asked
if the annual reports would be through June 30, 2021 because
that is the date section 1 is repealed.
SENATOR GIESSEL explained that the thought of committee members
was that it is possible that the governor may, or DHSS may
secure an additional grant that even goes beyond 2021 in which
case the Legislature would want to continue receiving annual
reports.
MS. GLOVER replied that Senator Giessel's explanation sounds
fine. She summarized that the reporting requirement would
continue in effect indefinitely. She added that the standing
order would be repealed on June 30, 2021 and what remains of the
act would take effect immediately.
SENATOR GIESSEL concurred with Ms. Glover's synopsis of the
conceptual amendment.
MS. GLOVER suggested that some changes be made to the title as
well.
SENATOR GIESSEL replied yes. She noted that the committee
anticipated a title change.
CHAIR WILSON asked that Senator Giessel reiterate her conceptual
amendment.
6:25:39 PM
SENATOR GIESSEL stated the following:
I move conceptual amendment 1, that being on page 1,
line 5, after the words, "The chief medical officer"
would be added to this phrase, "Of the Department of
Health and Social Services."
Then going down to Section 3, line 11, removing
subsection (a) and continuing on page 2, removal of
subsection (b).
Then under subsection (c), line 12 on page 2, the
sentence would delete, "On or before October 1, 2018,"
and would begin, "The Department of Health and Social
Services shall 'annually' [the word annually would be
added there] complete a report."
Then in section (c) there is a phrase on line 14 at
the end of the line that says, "Extended under this
section that is no longer relevant and should be
removed."
6:27:04 PM
CHAIR WILSON asked if there was objection to conceptual
amendment 1.
SENATOR BEGICH said he had no objection, but asked that a
conforming title be added.
SENATOR GIESSEL agreed to a conforming title change.
CHAIR WILSON asked Ms. Glover if the committee could also
request an explanation of the changes that accompany the CS as
amended.
MS. GLOVER answered yes.
6:27:47 PM
CHAIR WILSON announced that hearing no objection, conceptual
amendment 1 is adopted.
6:28:04 PM
At ease.
6:28:20 PM
CHAIR WILSON called the committee back to order. Finding no
further objection, he solicited a motion.
6:28:46 PM
SENATOR VON IMHOF moved to report SB 91, as amended, with
forthcoming updated fiscal note(s).
CHAIR WILSON announced that there being no objection, CSSB
91(HSS) moved from the Senate Health and Social Services
Standing Committee.
6:29:09 PM
At ease.
6:30:28 PM
CHAIR WILSON called the committee back to order.
6:30:43 PM
There being no further business to come before the committee,
Chair Wilson adjourned the Senate Health and Social Services
Standing Committee at 6:30 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| Leg Legal Memo SB 91.pdf |
SHSS 3/15/2017 1:30:00 PM |
SB 91 |
| CSSB 91(HSS) v D.pdf |
SHSS 3/15/2017 1:30:00 PM |
SB 91 |
| CSSB 91(HSS) v D sectional.pdf |
SHSS 3/15/2017 1:30:00 PM |
SB 91 |
| CSSB 91(HSS) v J.pdf |
SHSS 3/15/2017 1:30:00 PM |
SB 91 |
| CSSB 91(HSS) v J changes.pdf |
SHSS 3/15/2017 1:30:00 PM |
SB 91 |
| CSSB 91(HSS) v D FN2.pdf |
SHSS 3/15/2017 1:30:00 PM |
SB 91 |
| Alaska Mental Health Board Support SB 91.pdf |
SHSS 3/15/2017 1:30:00 PM |
SB 91 |