Legislature(2015 - 2016)BUTROVICH 205

02/01/2016 01:30 PM HEALTH & SOCIAL SERVICES

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ SB 124 EXTEND SUNSET ON AK COMMISSION ON AGING TELECONFERENCED
Heard & Held
*+ SB 151 DHSS CENT. REGISTRY; LICNSE;BCKGROUND CHK TELECONFERENCED
Heard & Held
+= SB 72 DESIGNATED CAREGIVERS FOR PATIENTS TELECONFERENCED
Moved CSSB 72(HSS) Out of Committee
+= SB 145 DAY CARE ASSISTANCE & CHILD CARE GRANTS TELECONFERENCED
Moved SB 145 Out of Committee
+= SB 147 SENIOR BENEFITS PROG. ELIGIBILITY TELECONFERENCED
Moved CSSB 147(HSS) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= SB 98 PRESCRIPTION WITHOUT PHYS. EXAM. TELECONFERENCED
Moved CSSB 98(HSS) Out of Committee
+= SB 55 OPTOMETRY & OPTOMETRISTS TELECONFERENCED
Moved SB 55 Out of Committee
                    ALASKA STATE LEGISLATURE                                                                                  
      SENATE HEALTH AND SOCIAL SERVICES STANDING COMMITTEE                                                                    
                        February 1, 2016                                                                                        
                           1:32 p.m.                                                                                            
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Bert Stedman, Chair                                                                                                     
Senator Cathy Giessel, Vice Chair                                                                                               
Senator Bill Stoltze                                                                                                            
Senator Johnny Ellis                                                                                                            
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Pete Kelly                                                                                                              
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
SENATE BILL NO. 72                                                                                                              
"An Act relating to caregivers of patients after release or                                                                     
departure from a hospital; and providing for an effective date."                                                                
                                                                                                                                
     - MOVED CSSB 72(HSS) OUT OF COMMITTEE                                                                                      
                                                                                                                                
SENATE BILL NO. 145                                                                                                             
"An Act relating to the recovery of overpayments of day care                                                                    
assistance and child care grants; and providing for an effective                                                                
date."                                                                                                                          
                                                                                                                                
     - MOVED SB 145 OUT OF COMMITTEE                                                                                            
                                                                                                                                
SENATE BILL NO. 147                                                                                                             
"An Act relating to eligibility requirements of the Alaska                                                                      
senior benefits payment program; and providing for an effective                                                                 
date."                                                                                                                          
                                                                                                                                
     - MOVED CSSB 147(HSS) OUT OF COMMITTEE                                                                                     
                                                                                                                                
SENATE BILL NO. 98                                                                                                              
"An Act relating to diagnosis, treatment, and prescription of                                                                   
drugs without a physical examination."                                                                                          
                                                                                                                                
     - MOVED CSSB 98(HSS) OUT OF COMMITTEE                                                                                      
                                                                                                                                
SENATE BILL NO. 55                                                                                                              
"An Act relating to the practice of optometry."                                                                                 
     - MOVED SB 55 OUT OF COMMITTEE                                                                                             
                                                                                                                                
SENATE BILL NO. 124                                                                                                             
"An Act  extending the termination  date of the  Alaska Commission                                                              
on Aging; and providing for an effective date."                                                                                 
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
SENATE BILL NO. 151                                                                                                             
"An Act  relating to criminal  and civil history  requirements for                                                              
individuals and  entities licensed or certified by  the Department                                                              
of  Health  and  Social  Services;  relating  to  the  centralized                                                              
registry  for certain individuals  or entities  that are  licensed                                                              
or certified  by the Department  of Health and Social  Services or                                                              
are  eligible to  receive  payment from  certain  programs of  the                                                              
department; and providing for an effective date."                                                                               
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SB 72                                                                                                                   
SHORT TITLE: DESIGNATED CAREGIVERS FOR PATIENTS                                                                                 
SPONSOR(s): SENATOR(s) GIESSEL                                                                                                  
                                                                                                                                
03/11/15       (S)       READ THE FIRST TIME - REFERRALS                                                                        
03/11/15       (S)       HSS, L&C                                                                                               
04/10/15       (S)       HSS AT 1:30 PM BUTROVICH 205                                                                           
04/10/15       (S)       Heard & Held                                                                                           
04/10/15       (S)       MINUTE(HSS)                                                                                            
02/01/16       (S)       HSS AT 1:30 PM BUTROVICH 205                                                                           
                                                                                                                                
BILL: SB 147                                                                                                                  
SHORT TITLE: SENIOR BENEFITS PROG. ELIGIBILITY                                                                                  
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR                                                                                    
                                                                                                                                
01/19/16       (S)       READ THE FIRST TIME - REFERRALS                                                                        
01/19/16       (S)       HSS, FIN                                                                                               
01/27/16       (S)       HSS AT 1:30 PM BUTROVICH 205                                                                           
01/27/16       (S)       Heard & Held                                                                                           
01/27/16       (S)       MINUTE(HSS)                                                                                            
02/01/16       (S)       HSS AT 1:30 PM BUTROVICH 205                                                                           
                                                                                                                                
BILL: SB 145                                                                                                                  
SHORT TITLE: DAY CARE ASSISTANCE & CHILD CARE GRANTS                                                                            
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR                                                                                    
                                                                                                                                
01/19/16       (S)       READ THE FIRST TIME - REFERRALS                                                                        
01/19/16       (S)       HSS, FIN                                                                                               
01/27/16       (S)       HSS AT 1:30 PM BUTROVICH 205                                                                           
01/27/16       (S)       Heard & Held                                                                                           
01/27/16       (S)       MINUTE(HSS)                                                                                            
02/01/16       (S)       HSS AT 1:30 PM BUTROVICH 205                                                                           
                                                                                                                                
BILL: SB 98                                                                                                                   
SHORT TITLE: PRESCRIPTION WITHOUT PHYS. EXAM.                                                                                   
SPONSOR(s): MICCICHE                                                                                                            
                                                                                                                                
04/07/15       (S)       READ THE FIRST TIME - REFERRALS                                                                        
04/07/15       (S)       HSS, L&C                                                                                               
04/13/15       (S)       HSS AT 1:30 PM BUTROVICH 205                                                                           
04/13/15       (S)       Heard & Held                                                                                           
04/13/15       (S)       MINUTE(HSS)                                                                                            
01/25/16       (S)       HSS AT 1:30 PM BUTROVICH 205                                                                           
01/25/16       (S)       Scheduled but Not Heard                                                                                
01/27/16       (S)       HSS AT 1:30 PM BUTROVICH 205                                                                           
01/27/16       (S)       Heard & Held                                                                                           
01/27/16       (S)       MINUTE(HSS)                                                                                            
02/01/16       (S)       HSS AT 1:30 PM BUTROVICH 205                                                                           
                                                                                                                                
BILL: SB 55                                                                                                                   
SHORT TITLE: OPTOMETRY & OPTOMETRISTS                                                                                           
SPONSOR(s): GIESSEL BY REQUEST                                                                                                  
                                                                                                                                
02/18/15       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/18/15       (S)       HSS, L&C                                                                                               
03/18/15       (S)       HSS AT 1:30 PM BUTROVICH 205                                                                           
03/18/15       (S)       Heard & Held                                                                                           
03/18/15       (S)       MINUTE(HSS)                                                                                            
02/01/16       (S)       HSS AT 1:30 PM BUTROVICH 205                                                                           
                                                                                                                                
BILL: SB 124                                                                                                                  
SHORT TITLE: EXTEND SUNSET ON AK COMMISSION ON AGING                                                                            
SPONSOR(s): STOLTZE BY REQUEST                                                                                                  
                                                                                                                                
01/19/16       (S)       PREFILE RELEASED 1/8/16                                                                                
01/19/16       (S)       READ THE FIRST TIME - REFERRALS                                                                        
01/19/16       (S)       STA, HSS                                                                                               
01/21/16       (S)       STA RPT 4DP                                                                                            
01/21/16       (S)       DP:     STOLTZE,    COGHILL,     HUGGINS,                                                              
                         WIELECHOWSKI                                                                                           
01/21/16       (S)       FIN REFERRAL ADDED AFTER HSS                                                                           
01/21/16       (S)       STA AT 9:00 AM BUTROVICH 205                                                                           
01/21/16       (S)       Moved SB 124 Out of Committee                                                                          
01/21/16       (S)       MINUTE(STA)                                                                                            
02/01/16       (S)       HSS AT 1:30 PM BUTROVICH 205                                                                           
                                                                                                                                
BILL: SB 151                                                                                                                  
SHORT TITLE: DHSS CENT. REGISTRY; LICNSE; BCKGROUND CHK                                                                         
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR                                                                                    
                                                                                                                                
01/21/16       (S)       READ THE FIRST TIME - REFERRALS                                                                        
01/21/16       (S)       HSS, JUD                                                                                               
02/01/16       (S)       HSS AT 1:30 PM BUTROVICH 205                                                                           
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
SEAN O'BRIEN, Director                                                                                                          
Division of Public Assistance                                                                                                   
Department of Health and Social Services (DHSS)                                                                                 
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Presented information on SB 145 and SB 147.                                                               
                                                                                                                                
CHUCK KOPP, Staff                                                                                                               
Senator Peter Micciche                                                                                                          
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Reviewed SB 98 on behalf of the sponsor.                                                                  
                                                                                                                                
RACHEL GREENBERG, Executive Director                                                                                            
Mat-Su Senior Services                                                                                                          
Member                                                                                                                          
Alaska Commission on Aging                                                                                                      
Palmer, Alaska                                                                                                                  
POSITION STATEMENT: Testified in support of SB 124.                                                                           
                                                                                                                                
DAVID LEVY, Senior Services Coordinator for Anchorage                                                                           
Staff Support                                                                                                                   
Senior Advisory Commission                                                                                                      
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified in support of SB 124.                                                                           
                                                                                                                                
MARIE DARLIN, Legislative Advocate - AARP                                                                                       
Member                                                                                                                          
Alaska Commission on Aging                                                                                                      
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Testified in support of SB 124.                                                                           
                                                                                                                                
DENISE DANIELLO, Executive Director                                                                                             
Alaska Commission on Aging (ACOA)                                                                                               
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Testified in support of SB 124.                                                                           
                                                                                                                                
KRIS CURTIS, Legislative Auditor                                                                                                
Division of Legislative Audit                                                                                                   
Legislative Affairs Agency                                                                                                      
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Answered questions regarding SB 124.                                                                      
                                                                                                                                
STACIE KRALY, Chief Assistant Attorney General                                                                                  
Human Services Section                                                                                                          
Department of Law                                                                                                               
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Provided information on SB 151.                                                                           
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:32:03 PM                                                                                                                    
CHAIR BERT  STEDMAN called the  Senate Health and  Social Services                                                            
Standing Committee  meeting to order  at 1:32 p.m. Present  at the                                                              
call  to order  were Senators  Stoltz, Giessel,  Ellis, and  Chair                                                              
Stedman.  He listed  the  bills  to be  heard  today: under  bills                                                              
previously  heard, SB 72,  SB 145,  SB 147, SB  55, and  the first                                                              
hearing of SB 124 and SB 151.                                                                                                   
                                                                                                                                
            SB 72-DESIGNATED CAREGIVERS FOR PATIENTS                                                                        
                                                                                                                                
1:33:15 PM                                                                                                                    
CHAIR STEDMAN  announced that  the first  order of business  would                                                              
be SB  72. He  noted the bill  was previously  heard on  April 10,                                                              
2015.  He called on  the sponsor  to introduce  the new  committee                                                              
substitute (CS) for SB 72.                                                                                                      
                                                                                                                                
1:33:32 PM                                                                                                                    
SENATOR GIESSEL,  sponsor,  presented SB  72, which would  improve                                                              
the  coordination with  designated  caregivers for  post-discharge                                                              
health outcomes  for patients by providing training  in aftercare,                                                              
enabling  older  or disabled  Alaskans  to  stay safely  in  their                                                              
homes for  much longer.  The CS  (version F)  is based  on changes                                                              
happening  nationwide.  Last year  when  the committee  heard  the                                                              
bill,  there  were   only  four  states  that   had  enacted  this                                                              
legislation; today  there are 14 states that  have this provision.                                                              
The  federal  government is  about  to  enact rulings  that  would                                                              
affect this issue.  The bill will prepare hospitals  for caregiver                                                              
education.                                                                                                                      
                                                                                                                                
1:34:34 PM                                                                                                                    
SENATOR  GIESSEL moved  to adopt  the CS  for SB  72, labeled  29-                                                              
LS0047\F, as the working document before the committee.                                                                         
                                                                                                                                
CHAIR STEDMAN objected for discussion.                                                                                          
                                                                                                                                
SENATOR GIESSEL  explained that  many caregivers report  that they                                                              
have  little or  no training  to care  for their  loved ones  upon                                                              
discharge. She  said SB 72  would outline training  guidelines for                                                              
hospitals. Version  F is broader  than last year's version  of the                                                              
bill and allows  the patient to  name a lay caregiver  who is then                                                              
notified of  the patient's pending  discharge. The  hospital would                                                              
provide training  to the caregiver and maintain  written discharge                                                              
policies.                                                                                                                       
                                                                                                                                
CHAIR STEDMAN withdrew his objection.                                                                                           
                                                                                                                                
1:35:59 PM                                                                                                                    
SENATOR  GIESSEL  moved  to  report   CSSB  72(HSS),  labeled  29-                                                              
LS0047\F,  from  committee  with  individual  recommendations  and                                                              
attached zero  fiscal note. There  being no objection,  the motion                                                              
carried.                                                                                                                        
                                                                                                                                
         SB 145-DAY CARE ASSISTANCE & CHILD CARE GRANTS                                                                     
                                                                                                                                
1:36:29 PM                                                                                                                    
CHAIR STEDMAN  noted the next  bill would be  SB 145. He  said the                                                              
bill was previously heard on January 27, 2016.                                                                                  
                                                                                                                                
1:37:01 PM                                                                                                                    
SEAN   O'BRIEN,   Director,   Division   of   Public   Assistance,                                                              
Department  of  Health  and  Social   Services  (DHSS),  presented                                                              
information on SB  145. He explained that SB 145  allows the Child                                                              
Care  Assistance  Program  to  recover  overpayment  of  day  care                                                              
assistance  and  child  care grants  through  the  garnishment  of                                                              
PFD's.  This   is  consistent   with  the  division's   collection                                                              
process.                                                                                                                        
                                                                                                                                
1:37:51 PM                                                                                                                    
SENATOR  GIESSEL   moved  to  report  SB  145,   version  A,  from                                                              
committee  with  individual  recommendations   and  attached  zero                                                              
fiscal note. There being no objection, the motion carried.                                                                      
                                                                                                                                
            SB 147-SENIOR BENEFITS PROG. ELIGIBILITY                                                                        
                                                                                                                                
1:38:31 PM                                                                                                                    
CHAIR STEDMAN announced  that the next order of  business would be                                                              
SB 147, which was previously heard on January 27, 2016.                                                                         
                                                                                                                                
1:39:02 PM                                                                                                                    
SEAN   O'BRIEN,   Director,   Division   of   Public   Assistance,                                                              
Department  of Health  and Social  Services  (DHSS), explained  SB                                                              
147.  He noted  that the  bill would  allow the  department to  be                                                              
compliant and consistent  with the eligibility  qualifications for                                                              
the Senior  Benefits Program. He  pointed out an error  in Section                                                              
1, line  10, of the  bill that leaves  out a federal  citation. He                                                              
said  that  U.S.C.   1613,  which  ties  in  with   the  five-year                                                              
requirement, should also be included there.                                                                                     
                                                                                                                                
CHAIR STEDMAN requested an amendment to that effect.                                                                            
                                                                                                                                
1:40:44 PM                                                                                                                    
SENATOR GIESSEL moved  Conceptual Amendment 1: to add,  on page 1,                                                              
line 10, following U.S.C 1641, the words "and U.S.C. 1613."                                                                     
                                                                                                                                
CHAIR STEDMAN objected for discussion.                                                                                          
                                                                                                                                
CHAIR STEDMAN  withdrew his objection  and Conceptual  Amendment 1                                                              
was adopted.                                                                                                                    
                                                                                                                                
1:41:26 PM                                                                                                                    
SENATOR  GIESSEL  moved  to  report   SB  147,  as  amended,  from                                                              
committee  with  individual recommendations  and  attached  fiscal                                                              
note. There  being no objection,  CSSB 147(HSS) was  reported from                                                              
committee.                                                                                                                      
                                                                                                                                
             SB 98-PRESCRIPTION WITHOUT PHYS. EXAM.                                                                         
                                                                                                                                
1:42:11 PM                                                                                                                    
CHAIR  STEDMAN announced  the  consideration of  SB  98. He  noted                                                              
that  the  bill  was  previously  heard on  April  13,  2015,  and                                                              
January  27,  2016, when  it  was  amended.  Today, version  W  is                                                              
before the committee.                                                                                                           
                                                                                                                                
1:42:27 PM                                                                                                                    
SENATOR GIESSEL, moved to adopt the CS for SB 98, version W.                                                                    
                                                                                                                                
CHAIR STEDMAN objected for discussion.                                                                                          
                                                                                                                                
1:43:02 PM                                                                                                                    
CHUCK   KOPP,  Staff,   Senator  Peter   Micciche,  Alaska   State                                                              
Legislature,  reviewed  SB  98   on  behalf  of  the  sponsor.  He                                                              
explained  that the CS  draws in  four boards  to the practice  of                                                              
telehealth;  Board of  Professional Counseling,  Board of  Marital                                                              
and  Family  Therapy,  Board  of   Psychologist  and  Psychologist                                                              
Associates  Examiners,  and Board  of  Social Work  Examiners.  He                                                              
said the  bill sponsor  supports the  amended language  in version                                                              
W. He noted a  recent letter of support from the  Board of Marital                                                              
and Family Therapy.                                                                                                             
                                                                                                                                
CHAIR  STEDMAN withdrew  his  objection.  There being  no  further                                                              
objection, version W was adopted.                                                                                               
                                                                                                                                
1:44:12 PM                                                                                                                    
SENATOR  GIESSEL  moved  to  report   CSSB  98(HSS),  labeled  29-                                                              
LS0838\W,  from  committee  with  individual  recommendations  and                                                              
attached  fiscal  note.  There  being  no  objection,  the  motion                                                              
carried.                                                                                                                        
                                                                                                                                
                 SB 55-OPTOMETRY & OPTOMETRISTS                                                                             
                                                                                                                                
1:44:43 PM                                                                                                                    
CHAIR STEDMAN  announced the consideration  of SB 55. He  said the                                                              
bill was previously heard on March 18, 2015.                                                                                    
                                                                                                                                
1:44:53 PM                                                                                                                    
SENATOR  GIESSEL, sponsor,  explained  that SB  55 modernizes  and                                                              
updates  the Alaska  optometry  statutes,  which  are about  forty                                                              
years old.  The bill moves  the continuing education  requirements                                                              
back  into  regulations,  but  the  hours  and  subjects  will  be                                                              
determined  by  the  Board  of Optometry,  as  is  done  by  other                                                              
professions. It  also allows the  Board to determine  prescription                                                              
drug  schedules,  anticipating   federal  regulation  changes  and                                                              
continues to prohibit invasive surgery.                                                                                         
                                                                                                                                
1:46:16 PM                                                                                                                    
SENATOR  STOLTZE noted  the  bill  is a  policy  issue. He  voiced                                                              
concern about  the labels associated  with the bill.  He concluded                                                              
that it is an access bill for quality health care.                                                                              
                                                                                                                                
1:48:10 PM                                                                                                                    
SENATOR  STOLTZE  moved  to  report  SB  55  from  committee  with                                                              
individual recommendations  and attached  zero fiscal  note. There                                                              
being no objection, the motion carried.                                                                                         
                                                                                                                                
         SB 124-EXTEND SUNSET ON AK COMMISSION ON AGING                                                                     
                                                                                                                                
1:48:50 PM                                                                                                                    
CHAIR STEDMAN announced the consideration of SB 124.                                                                            
                                                                                                                                
1:49:21 PM                                                                                                                    
SENATOR  STOLTZE, sponsor,  reviewed SB  124, a  sunset bill  that                                                              
would  extend the  Alaska  Commission on  Aging  (ACOA) for  eight                                                              
years. He  noted the bill is  straightforward and has  been around                                                              
for  years.   It  makes  federal   grants  available   for  senior                                                              
Alaskans.  The  recently  completed  audit found  a  few  advocacy                                                              
issues which are being addressed.                                                                                               
                                                                                                                                
CHAIR  STEDMAN said  it is a  simple extension  of the  Commission                                                              
until June 30, 2024.                                                                                                            
                                                                                                                                
CHAIR STEDMAN opened public testimony.                                                                                          
                                                                                                                                
1:51:36 PM                                                                                                                    
RACHEL  GREENBERG,  Executive Director,  Mat-Su  Senior  Services,                                                              
and Member,  Alaska Commission on  Aging, testified in  support of                                                              
SB  124. She  said  the  bill allows  the  state to  access  funds                                                              
through the Older Americans Act.                                                                                                
                                                                                                                                
1:52:37 PM                                                                                                                    
DAVID LEVY, Senior  Services Coordinator for Anchorage,  and Staff                                                              
Support, Senior  Advisory Commission,  testified in support  of SB                                                              
124. He noted  that Alaska has  one of the fastest  growing senior                                                              
populations  in  the  country  and  ACOA's  role  is  critical  in                                                              
providing relevant and important information on senior issues.                                                                  
                                                                                                                                
1:53:38 PM                                                                                                                    
MARIE  DARLIN,  Legislative  Advocate, AARP,  and  Member,  Alaska                                                              
Commission on  Aging (ACOA), testified  in support of SB  124. She                                                              
said AARP  supports the  re-authorization of  SB 124,  noting that                                                              
AARP works extensively  with ACOA on many projects.  It provides a                                                              
great  service to the  state and  is a  requirement for  receiving                                                              
federal funds.                                                                                                                  
                                                                                                                                
1:55:14 PM                                                                                                                    
DENISE DANIELLO,  Executive Director,  Alaska Commission  on Aging                                                              
(ACOA), testified  in support of  SB 124. She provided  background                                                              
on  ACOA, which  has  been in  place  since 1981.  The  Commission                                                              
strives   to  provide   a  voice   to  ensure   the  dignity   and                                                              
independence  of all  older Alaskans  and works  closely with  the                                                              
Division  of Senior  and Disabilities  Services  in assisting  the                                                              
Department of Health  and Social Services (DHSS) to  carry out its                                                              
duties as  the state agency on  aging. The Division of  Senior and                                                              
Disabilities Services  administers the  federal and  state funding                                                              
for  a variety  of senior  programs and  services. The  Commission                                                              
takes responsibility  for developing  a comprehensive  state plan,                                                              
performing advocacy education, and outreach.                                                                                    
                                                                                                                                
MS. DANIELLO  reported that  the senior  population in  Alaska has                                                              
grown. Currently,  there are 120,444  people aged 60 and  older, a                                                              
4.2 percent  increase from  last year.  She said  the work  of the                                                              
Commission  is  more  important   than  ever  as  that  population                                                              
continues to grow.                                                                                                              
                                                                                                                                
She  explained how  the  Commission  forms a  comprehensive  state                                                              
plan  for  senior   services.  Since  2008,  the   Commission  has                                                              
completed  three  state plans.  The  purpose  of  the plan  is  to                                                              
satisfy  federal  requirements.  The Commission  also  prepares  a                                                              
senior snapshot  that provides  information about senior  programs                                                              
and  demographics.  The Commission  also  works closely  with  the                                                              
Alaska Mental  Health Trust  Authority and  last year  published a                                                              
road map to address  Alzheimer's disease and dementia.   They make                                                              
recommendations to  the governor and to the  legislature regarding                                                              
legislation,  regulations,  and  appropriations for  programs  and                                                              
services. The Commission  advocated successfully for  the creation                                                              
of  the Medicaid  Adult Dental  Program,  the re-authorization  of                                                              
the  Senior  Benefits  Program,  and  creation  of  the  statewide                                                              
Silver Alert System.                                                                                                            
                                                                                                                                
She  concluded  that the  Commission  has  made efforts  over  the                                                              
years  in the area  of brain  health, senior  housing, and  senior                                                              
fall prevention.  She called  attention to  the fact that  seniors                                                              
represent  a $3  billion industry  for the  state. Alaska  seniors                                                              
appreciate the state  programs that allow them to age  in place in                                                              
Alaska.                                                                                                                         
                                                                                                                                
2:00:56 PM                                                                                                                    
KRIS CURTIS, Legislative  Auditor, Division of  Legislative Audit,                                                              
Legislative Affairs  Agency, answered questions regarding  SB 124.                                                              
She stated  that the  division conducted  a sunset  review  of the                                                              
Alaska Commission  on Aging and  concluded that the  Commission is                                                              
serving   the   public's  interest.   The   division   recommended                                                              
extending the  Commission for 8  more years. There were  two small                                                              
recommendations, one  to improve public noticing  of the meetings,                                                              
and one to ensure a review of the legislation distribution list.                                                                
                                                                                                                                
2:02:21 PM                                                                                                                    
CHAIR STEDMAN closed public testimony.                                                                                          
                                                                                                                                
CHAIR  STEDMAN held  SB  124 in  committee.  He said  he does  not                                                              
anticipate any negative  feedback and will bring the  bill back at                                                              
the next meeting.                                                                                                               
                                                                                                                                
       SB 151-DHSS CENT. REGISTRY; LICNSE; BCKGROUND CHK                                                                    
                                                                                                                                
2:03:09 PM                                                                                                                    
CHAIR STEDMAN announced the consideration of SB 151.                                                                            
                                                                                                                                
2:03:54 PM                                                                                                                    
STACIE  KRALY, Chief  Assistant Attorney  General, Human  Services                                                              
Section, Department  of Law, provided  information on SB  151. She                                                              
began with the historical  context for SB 151 and  why the statute                                                              
was created. In  2005, the legislature debated and  passed SB 125,                                                              
the omnibus  licensing bill  which created  AS 47.32.  In addition                                                              
to  creating the  centralized licensing  statutes,  the bill  also                                                              
established  a new  article  under AS  47.05  related to  criminal                                                              
history and registry  provisions. The initial impetus  of adopting                                                              
these  statutes was  to  participate in  a  federal grant  program                                                              
related  to background  checks  for  persons providing  long  term                                                              
care. Then,  there was  a desire to  centralize and  formalize the                                                              
process by  which DHSS  conducted criminal  background checks  for                                                              
entities and  individuals who sought  to be licensed  providers or                                                              
who  are paid  by DHSS.  This would  include  persons who  receive                                                              
payment from  Medicaid, foster parents,  and assisted  living home                                                              
operators.                                                                                                                      
                                                                                                                                
MS.  KRALY explained  that a  second component  of SB  125 was  to                                                              
create  a centralized  registry  so  DHSS  could rely  on  certain                                                              
civil findings  to bar persons  from owning, operating,  and being                                                              
an administrator of certain licensed facilities.                                                                                
                                                                                                                                
MS. KRALY  related that over  the past  ten years, the  system has                                                              
worked  well, but  certain issues,  gaps, and  overlaps have  been                                                              
identified  within the current  statutes.  These issues have  come                                                              
to  the attention  of the  Department of  Law through  litigation,                                                              
administrative  hearings, and  in providing  day-to-day advice  in                                                              
how  to  interpret  the  statutes  and apply  them.  She  gave  an                                                              
example  of  Medicaid  fraud  being  included  under  the  central                                                              
registry  statute, when  it  should be  governed  by the  criminal                                                              
record check.                                                                                                                   
                                                                                                                                
MS. KRALY  concluded that  in an  effort to  be efficient  back in                                                              
2005, the  department did not anticipate  some of the  issues that                                                              
would  arise  in  the  operationalization  of  the  statutes.  The                                                              
changes  in  SB 151  are  proposed  to  streamline the  system  to                                                              
improve  the proper  application  and  fairness under  the  system                                                              
going forward.                                                                                                                  
                                                                                                                                
CHAIR STEDMAN requested a sectional analysis.                                                                                   
                                                                                                                                
2:07:15 PM                                                                                                                    
MS. KRALY  said Section  1 (page  1) amends  44.62.330 to  clarify                                                              
that the  Office of  Administrative Hearings  would be  limited to                                                              
variances and reconsideration.                                                                                                  
SENATOR STOLTZE asked what "variance and reconsideration" means.                                                                
                                                                                                                                
MS. KRALY  explained that it is  a process that allows  the person                                                              
who  has a  barring condition  to  petition the  department for  a                                                              
variance  or reconsideration  in order to  explain what  happened.                                                              
If the  committee decides to  grant a variance  the person  may be                                                              
authorized  to apply  for a  license.  If the  variance is  denied                                                              
there is an appeal process.                                                                                                     
                                                                                                                                
2:08:29 PM                                                                                                                    
MS.  KRALY said  Section 2  (pages  1-4) repeals  and reenacts  AS                                                              
47.05.310  to remove  substantive  references  to the  centralized                                                              
registry  under  AS 47.05.330.  This  would  alleviate  confusion,                                                              
inconsistencies,  and redundancy  between the  two statutes.  This                                                              
section  would further  clarify  that individuals,  not  entities,                                                              
can  seek a  criminal background  check  and centralized  registry                                                              
check.                                                                                                                          
                                                                                                                                
Section 3  (pages 3-6) adds a  new statute AS 47.05.325  to mirror                                                              
the criminal  background check  statute (AS 47.05.310),  primarily                                                              
clarifying  that the  same  individuals who  would  be subject  to                                                              
review under the  criminal history check would also  be subject to                                                              
review  under   the  centralized  registry.  This   statute  would                                                              
further clarify  what types of  civil findings would  constitute a                                                              
bar  and would  clearly provide  that  only those  bars that  have                                                              
been subject  to due  process through  an administrative  or court                                                              
hearing  would apply.  This  section would  also  add a  paragraph                                                              
that would  include substantiations  by the  Department of  Health                                                              
and  Social Services,  Office  of  Children's Services  and  Adult                                                              
Protective Services  (reference to AS  47.17.040 and AS  47.24) as                                                              
a bar. This bill  makes other various edits and  revisions to make                                                              
the statute much more readable and streamlined.                                                                                 
                                                                                                                                
Section 4  (page 6) repeals and  reenacts AS 47.05.330  to provide                                                              
for  the creation,  by regulation,  of  the centralized  registry.                                                              
This registry  would be the repository  of both names  and certain                                                              
civil  events  and would  be  used  to  determine whether  or  not                                                              
someone could be  approved to own, operate, be employed  of, or be                                                              
paid  by the  State to  provide services.  This section  separates                                                              
out the actual  registry from the substance and  process set forth                                                              
in section 3 of the bill.                                                                                                       
                                                                                                                                
2:10:44 PM                                                                                                                    
MS. KRALY  said Section 5  (page 7) amends  AS 47.05.350  to limit                                                              
the use  of information  obtained  by an entity  or individual  as                                                              
well as provide  for immunity under this chapter  for relying upon                                                              
information  gathered  under this  chapter,  AS 47.05.310  and  AS                                                              
47.05.325.                                                                                                                      
                                                                                                                                
Section  6 (page  7)  Amends AS  47.05.360  to add  a new  section                                                              
indicating how  a person who gets  a notice identifying  a barring                                                              
condition  can  request  mistakes  to  be  fixed,  or  to  seek  a                                                              
variance or reconsideration.                                                                                                    
                                                                                                                                
Section 7  (page 7)  Amends AS 47.05.390  to amend the  definition                                                              
of "entity" under this chapter.                                                                                                 
                                                                                                                                
Sections  8  (pages  7-8)  Amends   AS  47.17.040  to  rename  the                                                              
registry  used  by the  Office  of  Children's Services  to  avoid                                                              
confusion.  This section  also clarifies  that this registry  will                                                              
include  substantiated findings  of abuse  or neglect  established                                                              
through  the  Department  of  Health  and  Social  Services.  This                                                              
amendment  further clarifies  that  this information  can be  used                                                              
for licensing both  in and out of this State and  confirms the due                                                              
process  protections before  placement  on  the central  registry,                                                              
which is a bar on the centralized registry under AS 47.05.330.                                                                  
                                                                                                                                
2:12:47 PM                                                                                                                    
MS. KRALY  said Section 9  (page 8) mends  AS 47.17.040  to ensure                                                              
that notice and  opportunities for appeal are  afforded to persons                                                              
prior  to  placement  on  the  child   protection  registry.  This                                                              
section also provides additional definitions.                                                                                   
                                                                                                                                
Section  10 (page  8) amends  47.32.070  to add  a new  subsection                                                              
that  allows licensing  history  to  be considered  in  evaluating                                                              
whether to  license or  place a  condition on  a license  under AS                                                              
47.32.                                                                                                                          
                                                                                                                                
Section  11   (page  8-9)  amends   AS  47.32.090  to   allow  the                                                              
Department  of  Health  and  Social  Services  to  investigate  an                                                              
employee, contractor,  or volunteer of  a licensed entity  and, if                                                              
conduct   that  did  not   comply  with   licensing  standard   is                                                              
substantiated,  place the  employee, contractor,  or volunteer  on                                                              
the centralized  registry.  Currently, state  law only allows  the                                                              
Department to  investigate and issue  findings against  the entity                                                              
íQRWDJDLQVWLQGLYLGXDOVZKRZRUNIRUWKHHQWity.                                                                              
                                                                                                                                
2:14:06 PM                                                                                                                    
MS.  KRALY said  Section 12  (page  9) amends  AS 47.32.150(b)  to                                                              
allow a  person who  is issued a  fine as  part of an  enforcement                                                              
action to have the right to appeal the fine.                                                                                    
                                                                                                                                
Section  13 (page  9) amends  AS  47.32.180 to  clarify that  when                                                              
there  is  a  joint investigation  of  a  licensed  facility,  the                                                              
Department  of Health  and  Social Services  is  allowed to  share                                                              
licensing  information with  a law enforcement  agency, which  may                                                              
also be investigating a crime.                                                                                                  
                                                                                                                                
Section  14 (page  9)  amends AS  47.32.190  to  clarify that  any                                                              
division of  the Department of Health  and Social Services  who is                                                              
responsible  for licensing  may  gather and  share information  in                                                              
order to  implement this statute.  The current version of  the law                                                              
limits sharing  and access to the  Divisions of Public  Health and                                                              
Public Assistance,  which were the divisions who  were responsible                                                              
for licensing when  this law went into effect. At  this point, due                                                              
to changes  in organization,  licensing is done  by the  Office of                                                              
Children's Services,  Division of Health Care Services  and Public                                                              
Assistance. This  amendment simply allows those divisions  who are                                                              
responsible  for  licensing to  access  and share  information  to                                                              
implement this  chapter without  reference to specific  divisions.                                                              
This provides  the Department of  Health and Social  Services with                                                              
flexibility   to   implement   the    chapter   when   they   make                                                              
organizational changes in the future.                                                                                           
                                                                                                                                
2:15:41 PM                                                                                                                    
MS. KRALY said  Section 15 (page 10) repeals  an unused definition                                                              
in  AS  47.05.390(l)  and  removes  a plan  of  correction  as  an                                                              
enforcement action from AS 47.32.140(d).                                                                                        
                                                                                                                                
Section  16 (page  10) provides  for an  applicability section  to                                                              
ensure that  the criminal  or civil  conduct occurred  before, on,                                                              
or  after the  effective  date  of the  Act  is covered  by  these                                                              
changes.                                                                                                                        
                                                                                                                                
Section  17  (page 10-11)  adds  instructions  to the  revisor  of                                                              
statutes  to  change  headings   in  statute  to  conform  to  new                                                              
language in the bill.                                                                                                           
                                                                                                                                
Section 18 (page 11) provides for an immediate effective date.                                                                  
                                                                                                                                
2:16:32 PM                                                                                                                    
SENATOR STOLTZE  asked if the only  a bar for licensure  is if the                                                              
person is convicted or adjudicated by reason of insanity.                                                                       
                                                                                                                                
MS. KRALY  explained that  the statute provides  that if  a person                                                              
has been  charged with  a crime,  a conviction  is the  evidence a                                                              
bar is based upon.                                                                                                              
                                                                                                                                
SENATOR STOLTZE asked  if it is based only on  convictions, not on                                                              
arrests, for example 20 arrests for domestic violence.                                                                          
                                                                                                                                
MS.  KRALY replied  that  is correct  for  the barring  condition,                                                              
however,  under the  current regulatory  scheme for  day care  and                                                              
foster care  providers, there  is a  good judgement standard  that                                                              
would allow decisions to be made based on arrest information.                                                                   
                                                                                                                                
SENATOR STOLTZE  asked whether the  fiscal note would  be impacted                                                              
by the passage of pending Court View legislation.                                                                               
                                                                                                                                
MS. KRALY responded  that the impact of Court  View legislation on                                                              
DHSS remains  to be  seen. It  could create  an issue,  but during                                                              
the process  of licensing and  other purposes, the  arrest charges                                                              
would be identified, but are not a barring condition.                                                                           
                                                                                                                                
2:20:18 PM                                                                                                                    
CHAIR STEDMAN opened and then closed public testimony.                                                                          
                                                                                                                                
CHAIR STEDMAN held SB 151 in committee.                                                                                         
                                                                                                                                
2:21:18 PM                                                                                                                    
There  being no  further business  to come  before the  committee,                                                              
Chair  Stedman adjourned  the Senate  Health  and Social  Services                                                              
Standing Committee at 2:21 p.m.                                                                                                 

Document Name Date/Time Subjects
SB 72 Supporting Document Updated AARP CARE Act stats 1-29-16.pdf SHSS 2/1/2016 1:30:00 PM
SB 72
SB 72 Supporting Document Updated Map of CARE ACT states 1-29-16.pdf SHSS 2/1/2016 1:30:00 PM
SB 72
SB 72 Fiscal Note (HSS).pdf SHSS 2/1/2016 1:30:00 PM
SB 72
SB 124 version A.PDF SHSS 2/1/2016 1:30:00 PM
SB 124
SB 124 Sponsor Statement.pdf SHSS 2/1/2016 1:30:00 PM
SB 124
SB 124 Letters of Support (14) - 1.19.2016.pdf SHSS 2/1/2016 1:30:00 PM
SB 124
SB 124 Backup Document - Sunset Review of the Alaska Commission on Aging Report #06-20090-15.pdf SHSS 2/1/2016 1:30:00 PM
SB 124
SB 124 Backup Document - ACoA State Plan FY16-FY19.pdf SHSS 2/1/2016 1:30:00 PM
SB 124
SB 124 Backup Document - ACoA Fact Sheet.pdf SHSS 2/1/2016 1:30:00 PM
SB 124
SB 124 Backup Document - ACoA Roster of Members.pdf SHSS 2/1/2016 1:30:00 PM
SB 124
SB 124 Fiscal Note (HSS).pdf SHSS 2/1/2016 1:30:00 PM
SB 124
SB 151 ver A.pdf SHSS 2/1/2016 1:30:00 PM
SB 151
SB 151 Governor Transmittal Letter.pdf SHSS 2/1/2016 1:30:00 PM
SB 151
SB 151 Sectional Analysis.pdf SHSS 2/1/2016 1:30:00 PM
SB 151
SB 151 DHSS-RL-12-18-15.pdf SHSS 2/1/2016 1:30:00 PM
SB 151
SB 145 DHSS response to questions in 012716 S-HSS.pdf SHSS 2/1/2016 1:30:00 PM
SB 145
SB 147 DHSS response to Questions in 012716 S-HSS.pdf SHSS 2/1/2016 1:30:00 PM
SB 147