2001-02-05                     Senate Journal                      Page 0270
SB 67                                                                                             
SENATE BILL NO. 67 BY THE SENATE 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 Health, Education and Social                            
Services, Judiciary and Finance Committees.                                                         
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2001-02-05                     Senate Journal                      Page 0271
The following fiscal information was published today:                                               
 Fiscal Note No. 1, Department of Health and Social Services                                        
 Fiscal Note No. 2, zero, Department of Administration                                              
                                                                                                    
Governor's transmittal letter dated February 2:                                                     
                                                                                                    
Dear President Halford:                                                                             
                                                                                                    
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.                                                                                    
                                                                                                    
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.                                                                                 
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2001-02-05                     Senate Journal                      Page 0272
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