CSHB 360(L&C): "An Act establishing the Home Care Employment Standards Advisory Board; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 360(L&C) 01 "An Act establishing the Home Care Employment Standards Advisory Board; and 02 providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 44.29 is amended by adding new sections to read: 05 Article 10. Home Care Employment Standards Advisory Board. 06 Sec. 44.29.900. Home Care Employment Standards Advisory Board. The 07 Home Care Employment Standards Advisory Board is established in the department. 08 Sec. 44.29.905. Composition of the board. The board consists of 09 (1) the commissioner of health or the commissioner's designee, who 10 shall serve as the chair and is a nonvoting member, except in the case of a tie; 11 (2) eight voting members as follows: 12 (A) the commissioner of labor and workforce development or 13 the commissioner's designee; 14 (B) the following seven members appointed by the
01 commissioner of health after providing public notice of a vacancy and 02 soliciting applications for an appointment under this subparagraph: 03 (i) two members who represent personal care agencies, 04 including at least one agency that provided at least 800,000 units of 05 personal care services during the previous calendar year, and one 06 agency that provides chore and respite services; at least one member 07 must represent an agency that provides service in at least one 08 geographic area where the department has adjusted payment rates to 09 reflect regional differences in the cost of doing business by greater than 10 10 percent; 11 (ii) two members, each of whom is a personal care 12 assistant enrolled with the department or a labor representative of 13 personal care assistants representing at least 300 personal care 14 assistants enrolled with the department; at least one of the members 15 appointed under this sub-subparagraph must also provide chore respite 16 services or represent a personal care assistant who provides chore 17 respite services; a member appointed under this sub-subparagraph may 18 not be a representative of an organization or association that advocates 19 for the interest of personal care agencies; 20 (iii) one member who represents the Alaska 21 Commission on Aging or another organization that represents seniors 22 in the state; 23 (iv) one member who represents the Governor's Council 24 on Disabilities and Special Education established under AS 44.29.600 25 or another organization that represents people with disabilities in the 26 state; and 27 (v) one member who receives, or represents persons 28 who receive, personal care services. 29 Sec. 44.29.910. Term of office, vacancies, removal. (a) The members of the 30 board appointed under AS 44.29.905(2)(B) serve two-year terms and may be 31 reappointed.
01 (b) A member of the board appointed under AS 44.29.905(2)(B) serves at the 02 pleasure of the commissioner, except that a member shall be removed if the member 03 no longer meets the qualifications of the seat for which the member was appointed. 04 (c) A vacancy on the board under AS 44.29.905(2)(B) shall be filled within 05 six months. An appointment to fill a vacancy on the board is for the remainder of the 06 unexpired term. 07 Sec. 44.29.915. Meetings. The board shall meet at the call of the chair. The 08 board shall meet at least three times each year and shall hold additional meetings as 09 often as necessary to accomplish the duties of the board. At each meeting, the board 10 shall provide time for public testimony. 11 Sec. 44.29.920. Quorum. A majority of the voting members of the board 12 constitutes a quorum for the transaction of business, and a majority of a quorum 13 present at a meeting is sufficient to approve a recommendation of the board. 14 Sec. 44.29.925. Compensation. Members of the board receive no 15 compensation for services on the board but are entitled to per diem and travel 16 expenses authorized for boards and commissions under AS 39.20.180. 17 Sec. 44.29.930. Powers and duties of the board. (a) The board shall 18 (1) advise and consult with the department on the medical assistance 19 program payment rates for personal care services, hourly respite services, and chore 20 services; 21 (2) investigate matters related to the wages, working conditions, and 22 workforce adequacy of workers providing personal care services, hourly respite 23 services, and chore services in the state, including 24 (A) the adequacy of wages, benefits, and other compensation to 25 ensure the provision of quality services and sufficient levels of recruitment and 26 retention; 27 (B) the path to achieving a living wage; 28 (C) the sufficiency of levels of recruitment for and retention of 29 workers, particularly in an area that is not on a road system; 30 (D) the sufficiency of service levels of and the effect of service 31 level reductions on personal care services, hourly respite services, and chore
01 services, as the services pertain to wages and working conditions; 02 (E) the adequacy and enforcement of training requirements; 03 (F) the effect of workforce shortages on service recipients and 04 on family members and friends of service recipients providing unpaid care; 05 (G) the economic effect of achieving a living wage for workers 06 and reducing levels of unpaid care; 07 (H) the adequacy of payment practices and policies related to 08 the payment rates of personal care agencies for the provision of personal care 09 services, hourly respite services, and chore services; and 10 (I) the effect of the state's long-term care system on wages and 11 working conditions; 12 (3) based on the results of the board's investigation under (2) of this 13 subsection, include written recommendations in the biennial report required under 14 AS 44.29.935 regarding 15 (A) rates and service levels of personal care services, hourly 16 respite services, and chore services to ensure the provision of quality service, 17 adequate recruitment, and improved retention of workers; 18 (B) safe and healthy working conditions for workers providing 19 personal care services, hourly respite services, and chore services; 20 (C) reducing any barrier to recruiting for and retaining workers 21 providing personal care services, hourly respite services, and chore services 22 throughout the state, particularly in an area that is not on a road system; and 23 (D) reducing the level of unpaid care in the state and systemic 24 overreliance on family members and friends of service recipients who provide 25 unpaid care. 26 (b) In conducting an investigation under (a)(2) of this section, the board may 27 administer oaths, issue subpoenas, compel the attendance of a witness and the 28 production of information and testimony, and call on a state agency to give full 29 cooperation to the board by collecting and furnishing requested information and 30 testimony at a board meeting. A state agency that receives a reasonable request for 31 information or testimony from the board under this subsection shall comply with the
01 request as soon as is reasonably practicable and, when the board requests direct 02 testimony for a board meeting, the head of the agency or their designee shall appear at 03 the meeting and provide testimony. 04 Sec. 44.29.935. Biennial report. (a) The board shall biennially submit a 05 written report, including key findings and recommendations, to the commissioner of 06 health, the legislative committees having jurisdiction over health and social services, 07 and the chief clerk of the house of representatives and the senate secretary and notify 08 the legislature that the report is available. The commissioner shall make the report and 09 all materials presented before the board available to the public on the department's 10 Internet website. 11 (b) Upon receiving the biennial report, the commissioner shall review the 12 board's findings and recommendations. The commissioner may 13 (1) accept or reject a recommendation; and 14 (2) require the board to conduct new or further investigations and 15 develop new recommendations. 16 (c) If the commissioner accepts a recommendation in the biennial report, the 17 department shall adopt regulations necessary to implement the recommendation. If the 18 commissioner rejects a recommendation in the biennial report, the commissioner shall 19 provide a written explanation of the commissioner's decision to all board members and 20 the legislative committees having jurisdiction over health and social services. If the 21 reason for rejection includes budgetary constraints, the commissioner shall work with 22 the Office of the Governor and the legislature to develop a budget proposal that would 23 allow the commissioner to accept the recommendation. 24 Sec. 44.29.940. Publication of reports. On July 1 of each year, the department 25 shall publish on the department's publicly available Internet website an annual report 26 containing the weighted average of and median hourly wages, by agency, for workers 27 providing personal care services, hourly respite services, and chore services. 28 Sec. 44.29.945. Definitions. In AS 44.29.900 - 44.29.945, 29 (1) "board" means the Home Care Employment Standards Advisory 30 Board; 31 (2) "chore services" means chore services provided under a section
01 1915(k) option under 42 U.S.C. 1396n; 02 (3) "commissioner" means the commissioner of health; 03 (4) "department" means the Department of Health; 04 (5) "hourly respite services" means hourly respite and hourly respite 05 family services provided under a waiver in accordance with 42 U.S.C. 1396 - 1396p 06 (Title XIX, Social Security Act); 07 (6) "personal care agency" means an agency certified by the 08 department as a provider of personal care services; 09 (7) "personal care assistant" means an individual who is 10 (A) employed as a personal care assistant in either a consumer- 11 directed or agency-based program; 12 (B) associated with a personal care agency; and 13 (C) individually enrolled with the department; 14 (8) "personal care services" means personal care services provided 15 under a section 1915(k) option under 42 U.S.C. 1396n, under AS 47.07.030, or under 16 a waiver in accordance with 42 U.S.C. 1396 - 1396p (Title XIX, Social Security Act). 17 * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to 18 read: 19 APPOINTMENTS, FIRST MEETING, AND PRELIMINARY REPORT. (a) The first 20 meeting of the Home Care Employment Standards Advisory Board established under 21 AS 44.29.900, added by sec. 1 of this Act, must take place on or before October 1, 2024. 22 (b) The commissioner of health shall appoint all board members under 23 AS 44.29.905(2)(B), added by sec. 1 of this Act, before the board's first meeting. 24 (c) The commissioner of health or the commissioner's designee and the commissioner 25 of labor and workforce development or the commissioner's designee shall conduct a 26 preliminary investigation into the wages, working conditions, and adequacy of the Medicaid 27 workforce providing personal care services, hourly respite services, and chore services in the 28 state and present the results of the preliminary investigation to the board at the board's first 29 meeting. 30 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to 31 read:
01 PRELIMINARY INTERNET WEBSITE PUBLICATION. Notwithstanding 02 AS 44.29.940, added by sec. 1 of this Act, the Department of Health shall make the first 03 publication of the reports required by AS 44.29.940, added by sec. 1 of this Act, on the 04 department's Internet website not later than July 1, 2025. 05 * Sec. 4. This Act takes effect July 1, 2024.