HCS SB 204(HES): "An Act extending the termination date of the Alaska Commission on Aging; transferring the office of the long-term care ombudsman from the Alaska Commission on Aging to the legislative branch; and providing for an effective date."
00HOUSE CS FOR SENATE BILL NO. 204(HES) 01 "An Act extending the termination date of the Alaska Commission on Aging; 02 transferring the office of the long-term care ombudsman from the Alaska 03 Commission on Aging to the legislative branch; and providing for an effective 04 date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 24 is amended by adding a new chapter to read: 07 Chapter 57. Office of the Long-Term Care Ombudsman. 08 Sec. 24.57.010. Office of the long-term care ombudsman. There is created 09 in the legislative branch of the state the office of the long-term care ombudsman. 10 Sec. 24.57.020. Appointment of the long-term care ombudsman. (a) A 11 candidate for appointment as the long-term care ombudsman shall be nominated by the 12 long-term care ombudsman selection committee composed of three members of the 13 senate appointed by the president of the senate and three members of the house of 14 representatives appointed by the speaker of the house. One member of a minority
01 party caucus in each house shall be appointed to the selection committee. 02 (b) The long-term care ombudsman selection committee shall examine persons 03 to serve as long-term care ombudsman regarding their qualifications and ability and 04 shall place the name of the person selected in nomination. The appointment is 05 effective if the nomination is approved by a roll call vote of two-thirds of the members 06 of the legislature in joint session and approved by the governor. However, the 07 governor may veto the appointment and return it, with a statement of objections, to the 08 legislature. Upon receipt of a veto message, the legislature shall meet immediately in 09 joint session and reconsider approval of the vetoed appointment. The vetoed 10 appointment becomes effective by an affirmative vote of two-thirds of the membership 11 of the legislature in joint session. The vote on the appointment and on reconsideration 12 of a vetoed appointment shall be entered in the journals of both houses. 13 (c) The appointment of the long-term care ombudsman becomes effective if, 14 while the legislature is in session, the governor neither approves nor vetoes it within 15 15 days, Sundays excepted, after its delivery to the governor. If the legislature is not 16 in session and the governor neither approves nor vetoes the appointment within 20 17 days, Sundays excepted, after its delivery to the governor, the appointment becomes 18 effective. 19 Sec. 24.57.030. Term; removal. (a) The term of office of the long-term care 20 ombudsman is five years. An incumbent may be reappointed but may not serve for 21 more than three terms. If the term of a long-term care ombudsman expires without the 22 appointment of a successor under this chapter, the incumbent continues in office until 23 a successor is appointed. If the long-term care ombudsman dies, resigns, becomes 24 ineligible to serve, or is removed or suspended from office, the person appointed as 25 acting long-term care ombudsman under AS 24.57.040 serves until a new long-term 26 care ombudsman is appointed for a full term. 27 (b) The legislature, by a concurrent resolution adopted by a roll call vote of 28 two-thirds of the members in each house entered in the journal, may remove or 29 suspend the long-term care ombudsman from office, but only for neglect of duty, 30 misconduct, or disability. 31 Sec. 24.57.040. Staff; employment policies. (a) The long-term care
01 ombudsman shall appoint a person to serve as acting long-term care ombudsman in the 02 absence of the long-term care ombudsman. The long-term care ombudsman shall also 03 appoint assistants and clerical personnel necessary to carry out this chapter. 04 (b) The long-term care ombudsman is a full-time position in the exempt 05 service under AS 39.25.110, and neither the long-term care ombudsman nor the staff 06 of the office of the long-term care ombudsman is subject to the employment policies 07 under AS 24.10 or AS 24.20. 08 Sec. 24.57.050. Financial interests. Neither the long-term care ombudsman 09 nor the staff of the office of the long-term care ombudsman may have a financial 10 interest in a long-term care facility in the state. 11 Sec. 24.57.060. Duties and powers of the long-term care ombudsman. (a) 12 The long-term care ombudsman shall investigate and resolve a complaint made by or 13 on behalf of an older Alaskan who resides in a long-term care facility in the state if 14 the complaint relates to a decision, action, or failure to act by a provider or a 15 representative of a provider of long-term care services, or by a public agency or social 16 services agency, that may adversely affect the health, safety, welfare, or rights of the 17 older Alaskan. 18 (b) The long-term care ombudsman may investigate and resolve a complaint 19 made by or on behalf of an older Alaskan relating to the long-term care or residential 20 circumstances of the older Alaskan. Complaints under this subsection may relate to 21 any issue not covered under (a) of this section, including the older Alaskan's landlord, 22 senior citizen housing, a public assistance program, a public grant program for services 23 to older Alaskans, public utilities, health care facilities, and health care providers. 24 (c) The long-term care ombudsman may 25 (1) subpoena witnesses, compel their attendance, require the production 26 of evidence, administer oaths, and examine any person under oath in connection with 27 a complaint described under (a) of this section; the powers described in this paragraph 28 shall be enforced by the superior court; 29 (2) pursue administrative, legal, or other appropriate remedies on behalf 30 of an older Alaskan who resides in a long-term care facility in the state. 31 (d) The long-term care ombudsman shall adopt regulations under AS 44.62
01 (Administrative Procedure Act) to implement this chapter. 02 Sec. 24.57.070. Training and certification of staff. (a) The long-term care 03 ombudsman shall hire and provide for the training and certification of office staff, 04 including volunteers and other representatives of the office of the long-term care 05 ombudsman. Training must include instruction in federal, state, and local laws and 06 policies relating to long-term care facilities in the state and in investigative techniques. 07 The long-term care ombudsman may require other appropriate training. The long-term 08 care ombudsman may decertify a person under this section for good cause in 09 accordance with regulations adopted by the ombudsman. 10 (b) An employee, volunteer, or other representative of the office of the long- 11 term care ombudsman may not investigate a complaint under AS 24.57.060 unless the person 12 has been certified as having completed training under (a) of this section and approved by the 13 long-term care ombudsman as qualified to investigate the complaint. 14 (c) The employees of the office of the long-term care ombudsman are in the 15 exempt service under AS 39.25.110. 16 Sec. 24.57.080. Access to long-term care facilities, older Alaskans, and 17 records. (a) A person may not deny access to a long-term care facility or to an older 18 Alaskan by the long-term care ombudsman or an employee, volunteer, or other 19 representative of the office of the long-term care ombudsman. 20 (b) Notwithstanding the provisions of AS 24.57.060(c)(1), the long-term care 21 ombudsman may obtain medical or other records of an older Alaskan who resides in 22 a long-term care facility in the state only with the consent of the older Alaskan or the 23 older Alaskan's legal guardian or, if the older Alaskan is unable or incompetent to 24 consent and does not have a legal guardian, only with a court order. 25 Sec. 24.57.090. Confidentiality. (a) Records obtained or maintained by the 26 long-term care ombudsman are confidential, are not subject to inspection or copying 27 under AS 09.25.110 - 09.25.120, and, except as provided in (b) of this section, may 28 be disclosed only at the discretion of the long-term care ombudsman. 29 (b) The identity of a complainant or an older Alaskan on whose behalf a 30 complaint is made may not be disclosed without the consent of the identified person 31 or the person's legal guardian, unless required by court order.
01 Sec. 24.57.100. Immunity from liability. (a) A person who, in good faith, 02 makes a complaint described in AS 24.57.060 is immune from civil or criminal 03 liability that might otherwise exist for making the complaint. 04 (b) The long-term care ombudsman, or an employee, volunteer, or other 05 representative of the office of the long-term care ombudsman, is immune from civil 06 or criminal liability for the good faith performance of official duties. 07 Sec. 24.57.110. Interference with the long-term care ombudsman and 08 retaliation prohibited. (a) A person may not intentionally interfere with the long- 09 term care ombudsman, or an employee, volunteer, or representative of the office of the long-term care ombudsman, 10 in the performance of official duties under AS 24.57.060. 11 (b) If a person makes a good faith complaint described in AS 24.57.060, an 12 employer or supervisor of the person, or a public or private agency or entity that 13 provides benefits, services, or housing to the person, may not discharge, demote, 14 transfer, reduce the pay or benefits or work privileges of, prepare a negative work 15 performance evaluation of, deny or withhold benefits or services, evict, or take other 16 detrimental action against the person because of the complaint. The person making 17 the complaint may bring a civil action for compensatory and punitive damages against 18 an employer, supervisor, agency, or entity that violates this subsection. In the civil 19 action, there is a rebuttable presumption that the detrimental action was retaliatory if 20 it was taken within 90 days after the complaint was made. 21 (c) A person who intentionally violates this section is guilty of a class B 22 misdemeanor. 23 Sec. 24.57.120. Legal counsel for the long-term care ombudsman. (a) 24 Except as provided in (b) of this section, the Legislative Affairs Agency shall provide 25 legal services, including advice and representation, in connection with any matter 26 relating to the powers, duties, and operation of the office of the long-term care 27 ombudsman, and in any legal action brought against the long-term care ombudsman 28 or an employee, volunteer, or other representative of the office of the long-term care 29 ombudsman. If the Legislative Affairs Agency cannot provide legal advice or 30 representation because of a conflict of interest or because of the limitation in (b) of 31 this section, the long-term care ombudsman may employ private legal counsel.
01 (b) The Legislative Affairs Agency may not provide legal services to the office 02 of the long-term care ombudsman in connection with the office's power under 03 AS 24.57.060(c)(2). 04 Sec. 24.57.200. Definitions. In this chapter, 05 (1) "long-term care facility" means an assisted living home that is 06 required to be licensed under AS 47.33 and a nursing home as defined in 07 AS 08.70.180; 08 (2) "older Alaskan" means a resident who is 60 years of age or older; 09 (3) "senior citizen housing" has the meaning given "senior housing" in 10 AS 18.56.799. 11 * Sec. 2. AS 24.60.176(b) is amended to read: 12 (b) In this section, "appointing authority" means 13 (1) the legislative council for employees of the Legislative Affairs 14 Agency and of the legislative council and for legislative employees not otherwise 15 covered under this subsection; 16 (2) the Legislative Budget and Audit Committee for the legislative 17 fiscal analyst and employees of the division of legislative finance, the legislative 18 auditor and employees of the division of legislative audit, and employees of the 19 Legislative Budget and Audit Committee; 20 (3) the appropriate finance committee for employees of the senate or 21 house finance committees; 22 (4) the appropriate rules committee for employees of 23 (A) standing committees of the legislature, other than the 24 finance committees; 25 (B) the senate secretary's office and the office of the chief clerk 26 of the house of representatives; and 27 (C) house records and senate records; 28 (5) the legislator who made the hiring decision for employees of 29 individual legislators; however, the legislator may request the appropriate rules 30 committee to act in the legislator's stead; 31 (6) the ombudsman for employees of the office of the ombudsman,
01 other than the ombudsman , and the long-term care ombudsman for employees of 02 the office of the long-term care ombudsman, other than the long-term care 03 ombudsman ; 04 (7) the legislature for the ombudsman and the long-term care 05 ombudsman . 06 * Sec. 3. AS 24.60.250(c) is amended to read: 07 (c) In addition to the sanctions described in AS 24.60.260, if the Alaska Public 08 Offices Commission finds that a legislative director has failed or refused to file a 09 report under AS 24.60.200 by a deadline established in AS 24.60.210, it shall notify 10 the Alaska Legislative Council or the Legislative Budget and Audit Committee, as 11 appropriate. For the ombudsman and the long-term ombudsman , the Alaska 12 Legislative Council shall be notified. 13 * Sec. 4. AS 24.60.990(a)(9) is amended to read: 14 (9) "legislative director" means the director of the legislative finance 15 division, the legislative auditor, the director of the legislative research agency, the 16 ombudsman, the long-term care ombudsman, the executive director of the Legislative 17 Affairs Agency, and the directors of the divisions within the Legislative Affairs 18 Agency; 19 * Sec. 5. AS 39.27.022(d) is amended to read: 20 (d) This section applies to employees of the legislature only if the committee 21 responsible for adopting employment policies concerning the employee adopts a 22 written policy that the section applies. This section applies to the employees of the 23 office of the ombudsman only if the ombudsman adopts a policy that the section 24 applies. This section applies to the employees of the office of the long-term care 25 ombudsman only if the long-term care ombudsman adopts a policy that the 26 section applies. 27 * Sec. 6. AS 39.90.140(3) is amended to read: 28 (3) "matter of public concern" means 29 (A) a violation of a state, federal, or municipal law, regulation, 30 or ordinance; 31 (B) a danger to public health or safety;
01 (C) gross mismanagement, a substantial waste of funds, or a 02 clear abuse of authority; [OR] 03 (D) a matter accepted for investigation by the office of the 04 ombudsman under AS 24.55.100 or 24.55.320; or 05 (E) a matter accepted for investigation by the office of the 06 long-term care ombudsman under AS 24.57.060(a); 07 * Sec. 7. AS 44.21.230(c) is amended to read: 08 (c) The commission may not investigate, review, or undertake any 09 responsibility for the longevity bonus program under AS 47.45 or [, EXCEPT FOR 10 ACTIVITIES OF THE OFFICE OF THE LONG TERM CARE OMBUDSMAN,] the 11 Alaska Pioneers' Homes under AS 47.55. 12 * Sec. 8. AS 44.62.040(c) is amended to read: 13 (c) Before submitting the regulations and orders of repeal to the lieutenant 14 governor under (a) of this section, every state agency that by statute possesses 15 regulation making authority, except boards and commissions , [AND] the office of the 16 ombudsman, and the office of the long-term care ombudsman, shall submit to the 17 governor for review a copy of every regulation or order of repeal adopted by the 18 agency, except regulations and orders of repeal identified in (a)(1) - (2) of this section. 19 The governor may review the regulations and orders of repeal received under this 20 subsection. The governor may return the regulations and orders of repeal to the 21 adopting agency before they are submitted to the lieutenant governor for filing under 22 (a) of this section [,] (1) if they are inconsistent with the faithful execution of the laws , 23 or (2) to enable the adopting agency to respond to specific issues raised by the 24 Administrative Regulation Review Committee. The governor may not delegate the 25 governor's review authority under this subsection to a person other than the lieutenant 26 governor. 27 * Sec. 9. AS 44.66.010(a)(10)is amended to read: 28 (10) Alaska Commission on Aging (AS 44.21.200) -- June 30, 2004 29 [2000]; 30 * Sec. 10. AS 44.66.050(a) is amended to read: 31 (a) Before the termination, dissolution, continuation, or reestablishment of a
01 board or commission under AS 08.03.010 or AS 44.66.010, or of an agency program 02 under AS 44.66.020 and 44.66.030, a committee of reference of each house, which 03 shall be the standing committee of legislative jurisdiction as provided in the Uniform 04 Rules of the Alaska State Legislature, shall hold one or more hearings to receive 05 testimony from the public, the commissioner of the department having administrative 06 responsibility for each named board, commission, or agency program, and the members 07 of the board or commission involved. The hearings may be joint hearings. The 08 committee shall also consider the proposed budget of the board, commission, or agency 09 program, prepared in accordance with AS 37.07.050(f), and the performance audit of 10 the activities of the board, commission, or agency program, prepared by the legislative 11 audit division as prescribed in AS 24.20.271(1). The committee may consider any 12 other report of the activities of the board, commission , or program, including but not 13 limited to annual reports, summaries prepared by the Legislative Affairs Agency, and 14 any evaluation or general report of the manner of conduct of activities of the board, 15 commission, or agency program prepared by the office of the ombudsman or by the 16 office of the long-term care ombudsman . 17 * Sec. 11. AS 44.66.050(c) is amended to read: 18 (c) A determination as to whether a board , [OR] commission , or agency 19 program has demonstrated a public need for its continued existence must take into 20 consideration the following factors: 21 (1) the extent to which the board, commission, or program has operated 22 in the public interest; 23 (2) the extent to which the operation of the board, commission, or 24 agency program has been impeded or enhanced by existing statutes, procedures, and 25 practices that it has adopted, and any other matter, including budgetary, resource, and 26 personnel matters; 27 (3) the extent to which the board, commission, or agency has 28 recommended statutory changes that are generally of benefit to the public interest; 29 (4) the extent to which the board, commission, or agency has 30 encouraged interested persons to report to it concerning the effect of its regulations and 31 decisions on the effectiveness of service, economy of service, and availability of
01 service that it has provided; 02 (5) the extent to which the board, commission, or agency has 03 encouraged public participation in the making of its regulations and decisions; 04 (6) the efficiency with which public inquiries or complaints regarding 05 the activities of the board, commission, or agency filed with it, with the department 06 to which a board or commission is administratively assigned, [OR] with the office of 07 the ombudsman , or with the long-term care ombudsman have been processed and 08 resolved; 09 (7) the extent to which a board or commission that regulates entry into 10 an occupation or profession has presented qualified applicants to serve the public; 11 (8) the extent to which state personnel practices, including affirmative 12 action requirements, have been complied with by the board, commission, or agency to 13 its own activities and the area of activity or interest; and 14 (9) the extent to which statutory, regulatory, budgeting, or other 15 changes are necessary to enable the agency, board, or commission to better serve the 16 interests of the public and to comply with the factors enumerated in this subsection. 17 * Sec. 12. AS 44.99.240(2) is amended to read: 18 (2) "state agency" means 19 (A) a department, institution, board, commission, division, 20 authority, public corporation, or other administrative unit of the executive 21 branch, including the University of Alaska and the Alaska Railroad 22 Corporation; 23 (B) a committee, division, or administrative unit of the 24 legislative branch, including the Alaska Legislative Council, the leadership of 25 each house, [AND] the office of the ombudsman , and the office of the long- 26 term care ombudsman ; 27 (C) an administrative unit of the judicial branch, including the 28 Alaska Judicial Council and the Commission on Judicial Conduct. 29 * Sec. 13. AS 47.24.010(f) is amended to read: 30 (f) A person listed in (a) of this section who reports to the long-term [LONG 31 TERM] care ombudsman under AS 24.57.060 [AS 44.21.232], or to the Department
01 of Health and Social Services, that a vulnerable adult has been exploited, abused, or 02 neglected in an out-of-home care facility is considered to have met the duty to report 03 under (a) of this section. 04 * Sec. 14. AS 47.24.013(a) is amended to read: 05 (a) If a report received under AS 47.24.010 regards the abandonment, 06 exploitation, abuse, neglect, or self-neglect of a vulnerable adult who is 60 years of 07 age or older that is alleged to have been committed by or to have resulted from the 08 negligence of the staff or a volunteer of an out-of-home care facility, including a 09 facility licensed under AS 18.20, in which the vulnerable adult resides, and , if the 10 Department of Health and Social Services licenses that type of facility, the Department 11 of Administration shall transfer the report for investigation to the long-term [LONG 12 TERM] care ombudsman under AS 24.57.060 [AS 44.21.232] and the Department of 13 Health and Social Services. 14 * Sec. 15. AS 47.24.013(c) is amended to read: 15 (c) Upon receipt of a report from the department under (a) or (b) of this 16 section, the long-term [LONG TERM] care ombudsman and the Department of Health 17 and Social Services shall 18 (1) conduct an investigation as appropriate under AS 24.57.060 19 [AS 44.21.232] or this title, respectively; 20 (2) coordinate and cooperate in their responses to and investigations of 21 the report if their jurisdictions overlap; 22 (3) provide the results of their actions or investigations to the central 23 information and referral service of the department within 60 days after the receipt of 24 the report. 25 * Sec. 16. AS 47.33.310(b) is amended to read: 26 (b) An assisted living home shall post in a prominent place in the home 27 (1) a copy of the rights set out in AS 47.33.300; 28 (2) the name, address, and phone number of the long-term [LONG 29 TERM] care ombudsman appointed [HIRED] under AS 24.57.020 [AS 44.21.231] 30 and, if relevant to residents, of the advocacy agency for persons with a developmental 31 disability or mental illness;
01 (3) the telephone number of an information or referral service for 02 vulnerable adults; and 03 (4) a copy of the grievance procedure established under AS 47.33.340. 04 * Sec. 17. REPEALER. AS 44.21.231, 44.21.232, 44.21.233, 44.21.234, 44.21.235, 05 44.21.236, 44.21.237, 44.21.238, 44.21.239, 44.21.240(2), 44.21.240(3), 44.21.240(4), and 06 44.21.240(5) are repealed. 07 * Sec. 18. The uncodified law of the State of Alaska is amended by adding a new section 08 to read: 09 TRANSITIONAL PROVISION FOR PAY LEVELS. (a) Notwithstanding other 10 provisions of this Act, if the person serving in the position of long-term care ombudsman 11 under AS 44.21.231 on June 30, 2000, is appointed as the first long-term care ombudsman 12 under sec. 19 of this Act, that person shall be compensated under AS 24.57 at the same salary 13 level at which the person was compensated on June 30, 2000. 14 (b) Notwithstanding other provisions of this Act, if a person serving as an employee 15 in the office of the long-term care ombudsman under AS 44.21.231 - 44.21.240 on June 30, 16 2000, is retained to serve as an employee with the same duties under the first long-term care 17 ombudsman appointed under sec. 19 of this Act, that person shall be compensated under 18 AS 24.57 at the same salary level at which the person was compensated on June 30, 2000. 19 * Sec. 19. The uncodified law of the State of Alaska is amended by adding a new section 20 to read: 21 INITIAL APPOINTMENT PROCESS. Notwithstanding sec. 21 of this Act, the 22 nomination and selection process may begin immediately under AS 24.57.020, enacted by sec. 23 1 of this Act, for appointment of the first long-term care ombudsman in the legislative branch. 24 Notwithstanding AS 24.57.020, enacted by sec. 1 of this Act, the first long-term care 25 ombudsman nominated by the selection committee may begin to serve immediately upon 26 nomination on July 1, 2000, whichever is later. The legislature shall meet in joint session 27 during the First Regular Session of the Twenty-Second Alaska State Legislature in order to 28 consider the nomination under the provisions of AS 24.57.020, enacted by sec. 1 of this Act, 29 and the nominee's authority to continue in office is governed thereafter by the terms of 30 AS 24.57.020, enacted by sec. 1 of this Act. 31 * Sec. 20. The uncodified law of the State of Alaska is amended by adding a new section
01 to read: 02 TRANSFER OF RECORDS AND OTHER MATTERS. (a) Hearings, investigations, 03 and other proceedings pending under the long-term care ombudsman appointed under 04 AS 44.21.231 continue in effect and may be completed by the long-term care ombudsman 05 appointed under sec. 19 of this Act. 06 (b) Contracts, rights, labilities, and obligations created by the long-term care 07 ombudsman appointed under AS 44.21.231 and in effect on June 30, 2000, remain in effect 08 notwithstanding the enactment of this Act. 09 (c) Records, equipment, appropriations, and other property of the long-term care 10 ombudsman appointed under AS 44.21.231 shall be transferred to the long-term care 11 ombudsman appointed under sec. 19 of this Act. 12 * Sec. 21. Except as provided in sec. 22 of this Act, this Act takes effect July 1, 2000. 13 * Sec. 22. Sections 9 and 19 of this Act take effect immediately under AS 01.10.070(c).