2001-02-05                     House Journal                      Page 0238
HB 107                                                                                            
HOUSE BILL NO. 107 by the House Rules Committee by request of                                       
the Governor, entitled:                                                                             
                                                                                                    
     "An Act relating to assisted living homes and to liability for acts                            
     or omissions in the licensing, monitoring, or supervision of                                   
     assisted living homes; and providing for an effective date."                                   
                                                                                                    
was read the first time and referred to the State Affairs, Health,                                  
Education & Social Services, and Finance Committees.                                                
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Administration                                                                   
2.  Fiscal, Dept. of Health & Social Services                                                       
                                                                                                    
                                                                                                    
The Governor's transmittal letter dated February 2, 2001, appears                                   
below:                                                                                              
                                                                                                    
"Dear Speaker Porter:                                                                               
                                                                                                    
Concerns over the health and safety of Alaska's assisted living home                                
residents and the wish to ensure greater safety to these vulnerable                                 
citizens is the impetus behind this bill I am transmitting today.                                   
                                                                                                    
Current statutes regulating and licensing assisted living homes apply                               
only to residential facilities that serve three or more adults.  This bill                          
expands the law to include any residential facility that receives state or                          
federal payment for services, regardless of the number of adults the                                
facility serves.                                                                                    
                                                                                                    

2001-02-05                     House Journal                      Page 0239
The bill increases the safety of residents in assisted living homes in                              
several ways, including:                                                                            
                                                                                                    
· Strengthening the requirements for criminal background checks                                     
for assisted living home employees;                                                                 
· Giving the state more flexibility to suspend or revoke licenses if                                
an assisted living home operator is convicted of criminal offenses;                                 
· Allowing immediate suspension of a home's license under certain                                   
circumstances, particularly when serious life or safety concerns exist                              
for the residents;                                                                                  
· Allowing the state to petition for a court order to temporarily                                   
administer the home when serious life or safety concerns exist for the                              
residents;                                                                                          
· Allowing an assisted living home to terminate a resident's contract                               
when the resident poses a risk to self, others or property.                                         
                                                                                                    
The bill also provides civil immunity for the state licensing agencies in                           
licensing, monitoring, and supervising assisted living homes.  This                                 
provision is intended to create protections similar to those afforded                               
certain state agencies and personnel working in similar fields and                                  
promotes the ability for employees to do their jobs thoroughly without                              
being subject to certain pressures for quick or rash decisions.  The                                
licensing agencies and the state would still be liable if the damage                                
occurred due to grossly negligent or reckless, or intentional, conduct.                             
                                                                                                    
I urge your prompt and favorable action on this measure.                                            
                                                                                                    
                                Sincerely,                                                         
                                /s/                                                                 
                                Tony Knowles                                                        
                                Governor"