Legislature(2017 - 2018)BUTROVICH 205
03/17/2017 01:30 PM Senate HEALTH & SOCIAL SERVICES
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| Audio | Topic |
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| Start | |
| SB83 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 83 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
SENATE HEALTH AND SOCIAL SERVICES STANDING COMMITTEE
March 17, 2017
1:30 p.m.
MEMBERS PRESENT
Senator David Wilson, Chair
Senator Cathy Giessel
Senator Tom Begich
MEMBERS ABSENT
Senator Natasha von Imhof, Vice Chair
Senator Peter Micciche
COMMITTEE CALENDAR
SENATE BILL NO. 83
"An Act relating to the protection of vulnerable adults and
residents of long term care facilities."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: SB 83
SHORT TITLE: PROTECT: VULNERABLE ADULTS/LONG TERM CARE
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
03/08/17 (S) READ THE FIRST TIME - REFERRALS
03/08/17 (S) HSS, FIN
03/17/17 (S) HSS AT 1:30 PM BUTROVICH 205
WITNESS REGISTER
TERESA HOLT, Long Term Care Ombudsman
Alaska Mental Health Trust Authority
Anchorage, Alaska
POSITION STATEMENT: Presented information on SB 83.
ACTION NARRATIVE
1:30:39 PM
CHAIR DAVID WILSON called the Senate Health and Social Services
Standing Committee meeting to order at 1:30 p.m. Present at the
call to order were Senators Begich, Giessel, and Chair Wilson.
Senators Von Imhof and Micciche were excused.
SB 83-PROTECT: VULNERABLE ADULTS/LONG TERM CARE
1:31:17 PM
CHAIR WILSON announced the consideration of SB 83.
TERESA HOLT, Long Term Care Ombudsman, Alaska Mental Health
Trust Authority, presented information on SB 83. She provided an
overview of SB 83:
SB 83 will amend provisions of AS 47.62 Office of the
Long Term Care Ombudsman and AS 47.24 protection of
vulnerable adults to ensure alignment with the Older
Americans Act and its implementing regulations. In
2016, the Older Americans Act was reauthorized and new
regulations for Long Term Care Ombudsman were created.
As a result, the Administration for Community Living
reviewed all states to ensure compliance with these
changes. Through this review, these Alaska statues
were identified as being out of alignment with the
reauthorized Older Americans Act and Long Term Care
Ombudsman regulations. But regardless of federal
requirements these changes are good policy changes for
our office and we would recommend them anyway.
Briefly, this bill would:
Align state statutes with federal statutes and
regulations to ensure Office of the Long Term Care
Ombudsman only shares resident information with
informed consent.
Ensure Office of the Long Term Care Ombudsman can
obtain records to investigate and make referrals when
resident is unable to provide informed consent.
Add new term for resident and resident representative
Due to a conflict of interest, removes the option for
mandatory reporters to meet reporting requirements by
submitting report to the Office of the Long Term Care
Ombudsman.
Clarify the separation of the role of the Long Term
Care Ombudsman from the role of DHSS.
Clarify that Office of the Long Term Care Ombudsman
may serve residents in long term care facilities under
the age of 60.
1:33:42 PM
At ease
1:36:56 PM
MS. HOLT presented the sectional analysis:
Section 1 is a technical amendment to AS 47.24.010(a)
update the name of the entity responsible for
receiving reports to the department "vulnerable adult
centralized intake office". This section also adds the
statutory reference for the definition of mental
health professional.
Section 2 is a technical amendment to AS 47.24.010(e)
to update the name of the entity responsible for
receiving reports to the department "vulnerable adult
centralized intake office".
Section 3 amends AS 47.24.013(a) to remove the
requirement to forward reports of maltreatment to the
Long Term Care Ombudsman's office. Adds passive
language to allow the DHSS to transfer reports for
Long Term Care Ombudsman's investigation as defined
under AS.62.015.
Section 4 amends AS 47.24.013(b) to delete reference
to DHSS's obligation to investigate reports for
vulnerable adult's age 60 or less. The Department of
Health and Social Services is responsible for reports
involving vulnerable adults ages 18 and older.
Section 5 amends AS 47.24.013(d) to remove the Long
Term Care Ombudsman's obligation to mandatorily
provide a report to the DHSS Central Intake. Aligns
state law with federal law requiring the Long Term
Care Ombudsman's office to only forward information of
a complainant or resident with appropriate consent or
court order. (45 CFR 1327.11(e)(3)). Amended to
reflect current Department of Human and Social
Services responsibility for vulnerable adult
centralized intake.
Section 6 amends AS 47.24.015(a) to remove reference
to reports transferred to the Office of Long Term Care
Ombudsman under 47.24.013. Updates legislative
language to appropriately reference subjects of
reports are vulnerable adults. Removes requirement for
face to face interview.
Section 7 amends AS 47.62.015(a) to add language to
align state law with federal law by providing the Long
Term Care Ombudsman the authority to investigate and
resolve a complaint for a person residing in a long
term care facility who is not defined as an older
Alaska.
Section 8 amends AS 47.62.015(c) to include all
residents of a long term care facility.
Section 9 repeals and reenacts AS 47.62.025 to define
access to long term care facilities, older Alaskan,
and records.
Title amended to include all ages of residents of long
term care facilities. Section (a) amended to include
all ages of residents of long term care facilities.
Section (b) amended to include all ages of residents
of long term care facilities and amended to allow for
consent to be provided by the resident or the
resident's representative or by subpoena.
Section 10 repeals and reenacts AS 47.62.030(b) to
include all ages of residents. Amended to allow for
disclosures with consent. Adds authority for resident
representative to give consent. Amended to align state
law with federal law to clarify limited circumstances
when the Office of Long Term Care Ombudsman has
authority to report resident-identifying information
without obtaining resident or resident representative
consent.
Section 11 amends AS 47.62.060 to include all ages of
residents of long term care facilities.
Section 12 amends AS 47.62.090 to revise the
definition of "older Alaskan" as an individual who
lives in Alaska since definition of "resident" was
added to mean individual living in a long term care
facility. Adds new sections to define resident as an
individual who resides in a long term care facility
and to align state law with federal law to define
resident representative and authority the resident
representative has to act on behalf of the resident.
Section 13 repeals AS 47.24.010(f), AS
47.24.013(c)(3), and AS 47.24.013(e). AS 47.24.010(f)
is repealed as Federal statute and regulations
prohibit representatives of the Office Long Term Care
Ombudsman from abuse reporting requirements when such
reporting would disclose identifying information of a
complainant or resident without appropriate consent or
court order. (45 CFR 1327.11(e)(3)). Therefor
mandatory reporting to the Office of Long Term Care
Ombudsman does not fulfill a mandatory reporter's
obligation under law to make mandatory reports of
maltreatment. AS 47.24.013(c)(3) repeals the
requirement for the Office of the Long Term Care
Ombudsman to provide results of investigation to the
DHSS. OAA Section 712(d)(2)(B) establishes strict
disclosure limitations. The Long Term Care Ombudsman
program is intended to be a safe, person-centered
place for residents to bring their concerns. Residents
can be assured that their information will not be
disclosed without their consent, the consent of the
resident representative, or court order. AS
47.24.013(e) is repealed as the Office of the Long
Term Care Ombudsman is not the appropriate agency to
officially substantiate abuse or neglect complaints on
behalf of DHSS. The Office of the Long Term Care
Ombudsman represents the interests of residents,
rather than the interests of the DHSS. (See OAA
Section 712(a)(3)(E), (a)(5)(B)(iv); 45 CFR
1327.13(a)(5), 1327.19(a)(4)).
1:40:15 PM
CHAIR WILSON asked for clarification of Section 10 regarding
elders that do not have someone to advocate for them.
MS. HOLT explained that they often deal with those who are
unable to give informed consent and do not have someone to make
decisions on their behalf. There are four conditions that must
be met: the referral must affect their health, welfare, safety,
or rights; there must be reasonable cause that it is in their
best interests; that all situations are approved by the
Ombudsman; and there is no evidence that the person would be
opposed to the referral. She listed the referral options they
might have - to the police, adult protective services,
licensing, or elder fraud.
1:41:48 PM
SENATOR BEGICH noted that in District J, 168 out of 300 beds had
seniors and the rest were vacant. Under Sections 4, 8, 9, and 11
the Long Term Care Ombudsman will now have to consider clients
below the age of 60, and yet there are zero fiscal notes. The
bill appears to be a burden to what is being done currently. He
asked if there is additional cost for the potential new clients.
MS. HOLT explained that the changes come from Ombudsman
regulations and the reauthorization of the Older Americans Act.
The reauthorization changed the wording from "older residents in
long term care facilities" to "residents in long term care
facilities." She said she asked if they must expand services and
was told that it allows for expansion, but it is not required -
it is optional. She provided an example of their ability to
prioritize needs and services for their clients. Top priorities
are seniors who live in senior licensed facilities, mental
health and development disabilities, abuse and neglect.
1:44:52 PM
SENATOR BEGICH summarized that they don't anticipate a financial
burden because they are not required to take on new patients.
MS. HOLT agreed.
1:45:46 PM
CHAIR WILSON opened public testimony on SB 83.
He noted the people who were available to answer questions.
1:46:27 PM
CHAIR WILSON closed public testimony and held SB 83 in
committee.
1:47:43 PM
There being no further business to come before the committee,
Chair Wilson adjourned the Senate Health and Social Services
Standing Committee at 1:47 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB83 ver A.PDF |
SHSS 3/17/2017 1:30:00 PM |
SB 83 |
| SB83 Sponsor Statement - Governor's Transmittal Letter.pdf |
SHSS 3/17/2017 1:30:00 PM |
SB 83 |
| SB83 Fiscal Note-DHSS-SDSA-1-20-17.pdf |
SHSS 3/17/2017 1:30:00 PM |
SB 83 |
| SB83 Fiscal Note-DOR-OLTCO-1-20-17.pdf |
SHSS 3/17/2017 1:30:00 PM |
SB 83 |
| ACoA Support SB 83, Protection of Vulnerable Adults in LTC Settings.pdf |
SHSS 3/17/2017 1:30:00 PM |
SB 83 |
| SB 83 Sectional v A.pdf |
SHSS 3/17/2017 1:30:00 PM |
SB 83 |