Legislature(2005 - 2006)
2005-05-08 House Journal
Full Journal pdf2005-05-08 House Journal Page 1782 SB 125 The following was read the second time: CS FOR SENATE BILL NO. 125(JUD) "An Act relating to the licensing, regulation, enforcement, and appeal rights of ambulatory surgical centers, assisted living homes, child care facilities, child placement agencies, foster homes, free-standing birth centers, home health agencies, hospices or agencies providing hospice services or operating hospice programs, hospitals, intermediate care facilities for the mentally retarded, maternity homes, nursing facilities, residential child care facilities, residential psychiatric treatment centers, runaway shelters, and rural health clinics; relating to possession of a firearm at licensed entities and facilities; relating to criminal history requirements, and a registry, regarding certain licenses, certifications, approvals, and authorizations by the Department of Health and Social Services; making conforming amendments; and providing for an effective date." with the: Journal Page FIN RPT HCS(FIN) 3DP 3NR 1761 FN2: ZERO(HSS) 1762 FN3: ZERO(LAW) 1762 Representative Coghill moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: HOUSE CS FOR CS FOR SENATE BILL NO. 125(FIN) (same title) Representative Kerttula objected and withdrew the objection. There being no further objection, it was so ordered. Amendment No. 1 was offered by Representatives Gara and Lynn: 2005-05-08 House Journal Page 1783 Page 1, line 10, following "Services;" (title amendment): Insert "relating to public assistance for health facilities and assisted living homes, to rates charged by an assisted living home, and to the liability of recipients of home or community- based services to pay for those services;" Page 15, following line 29: Insert new bill sections to read: "* Sec. 20. AS 47.07.070(a) is amended to read: (a) Except as provided under (d) or (e) of this section, the [THE] department shall, by regulation, set rates of payments for health facilities under this chapter and AS 47.25.120 - 47.25.300 in accordance with 42 U.S.C. 1396 (Title XIX, Social Security Act, Medical Assistance) and this section. A rate established under this section takes effect under AS 44.62 (Administrative Procedure Act) but not until approved in writing by the commissioner. The commissioner may delegate the performance of these functions. * Sec. 21. AS 47.07.070 is amended by adding new subsections to read: (d) For residential support living services provided to an eligible recipient of medical assistance living in an assisted living home licensed under AS 47.33, the minimum daily reimbursement rate to the assisted living home for room and board expenses is $28. (e) A calculation of the rate for administrative and general costs for a provider, including an assisted living home, shall be determined in the same way as a calculation for administrative and general cost rate for a Pioneers' Home. In this subsection, "administrative and general costs" means those expenses that are common to the overall operation of a provider providing home and community-based waiver services and that are not directly assignable to or borne by a specific program or recipient of a home and community-based service." Renumber the following bill sections accordingly. Page 40, following line 10: Insert a new bill section to read: "* Sec. 49. AS 47.07.070(c) is repealed." 2005-05-08 House Journal Page 1784 Renumber the following bill sections accordingly. Page 40, following line 19: Insert a new bill section to read: "* Sec. 52. The uncodified law of the State of Alaska is amended by adding a new section to read: REGULATIONS ANNULLED. 7 AAC 43.1058(j) and 7 AAC 43.1058(k)(1)(B) are annulled." Renumber the following bill sections accordingly. Page 45, line 18, following "Sections": Insert "20, 21, 49, 52," Renumber all internal references to bill sections in accordance with this amendment. Representative Gara moved and asked unanimous consent that Amendment No. 1 be adopted. There was objection. Amendment to Amendment No. 1 was offered by Representative Gara: Delete "Page 1, line 10, following "Services;" (title amendment): Insert "relating to public assistance for health facilities and assisted living homes, to rates charged by an assisted living home, and to the liability of recipients of home or community- based services to pay for those services;"" Representative Gara moved and asked unanimous consent that Amendment to Amendment No. 1 be adopted. There being no objection, it was so ordered. The question being: "Shall Amendment No. 1 as amended be adopted?" The roll was taken with the following result: 2005-05-08 House Journal Page 1785 HCS CSSB 125(FIN) Second Reading Amendment No. 1 as amended YEAS: 36 NAYS: 0 EXCUSED: 0 ABSENT: 4 Yeas: Anderson, Berkowitz, Chenault, Cissna, Coghill, Croft, Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kelly, Kerttula, Kohring, Kott, LeDoux, Lynn, McGuire, Meyer, Moses, Neuman, Olson, Ramras, Salmon, Samuels, Stoltze, Thomas, Wilson Absent: Crawford, Rokeberg, Seaton, Weyhrauch And so, Amendment No. 1 as amended was adopted. Amendment No. 2 was offered by Representative Cissna: Page 41, following line 28: Insert a new bill section to read: "* Sec. 54. The uncodified law of the State of Alaska is amended by adding a new section to read: MEDICAL ASSISTANCE WAIVER APPROVAL; LEGISLATIVE INTENT. (a) The Department of Health and Social Services shall proceed immediately to seek federal approval to amend the home and community based waiver program for the state under Medicaid to add adult companion services for older Alaskans and for adults with physical disabilities as a reimbursable service either as a separate service or as a service that may be combined with other waivers, including respite or chore services or personal attendant services. The services may be combined only if the combination results in greater efficiency in administering the program and is more beneficial to the recipient of waiver services. (b) It is the intent of the legislature to restore nonmedical care, supervision, and socialization provided through companion services to functionally impaired adults who are eligible for home and community based waivers for older Alaskans and for adults with physical disabilities. Companion services were formerly provided as part of respite service before the amendments to 7 AAC 43.1040. Effective May 15, 2004, the Department of Health and Social Services was prohibited from paying for respite services that allow a primary 2005-05-08 House Journal Page 1786 caregiver of an eligible recipient to work under 7 AAC 43.049(d)(4)(A) or that are provided during sleeping or nighttime hours. Adult companion services shall be available under this Act, subject to other federal and state limits, as part of the recipient's approved plan of care to allow a primary caregiver to work, to allow a primary caregiver to sleep during normal nighttime hours when the recipient of care cannot be safely left unsupervised during the caregiver's sleep hours, and to allow supervision or monitoring of the recipient who is not otherwise safe while sleeping. The department shall enact regulations that are necessary to implement the legislative intent under this section. (c) In this section, "adult companion services" means nonmedical care, supervision, or socialization, provided to a functionally impaired adult in accordance with a therapeutic goal in the recipient's plan of care under the home and community based waiver program; for purposes of this subsection, "therapeutic goal" means a goal that has the effect of delaying or avoiding placement of the recipient in a more restrictive environment, including an assisted living home or a nursing home, and that supports the vital needs for the primary caregiver of the recipient. Renumber the following bill sections accordingly. Representative Cissna moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Wilson objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: HCS CSSB 125(FIN) am H Second Reading Amendment No. 2 YEAS: 17 NAYS: 15 EXCUSED: 0 ABSENT: 8 2005-05-08 House Journal Page 1787 Yeas: Anderson, Berkowitz, Cissna, Croft, Gara, Gardner, Gruenberg, Guttenberg, Joule, Kapsner, Kerttula, Kohring, LeDoux, Lynn, Moses, Salmon, Thomas Nays: Coghill, Dahlstrom, Elkins, Foster, Gatto, Harris, Hawker, Kelly, Kott, Meyer, Neuman, Olson, Ramras, Stoltze, Wilson Absent: Chenault, Crawford, Holm, McGuire, Rokeberg, Samuels, Seaton, Weyhrauch And so, Amendment No. 2 was adopted. Amendment No. 3 (title amendment) was offered by Representative Croft: Page 1, line 10, following "Services;" (title amendment): Insert "relating to public assistance for health facilities and assisted living homes, to rates charged by an assisted living home, and to the liability of recipients of home or community- based services to pay for those services;" Representative Croft moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Stoltze objected. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: HCS CSSB 125(FIN) am H Second Reading Amendment No. 3 YEAS: 26 NAYS: 6 EXCUSED: 0 ABSENT: 8 Yeas: Anderson, Berkowitz, Cissna, Croft, Elkins, Gara, Gardner, Gruenberg, Guttenberg, Harris, Hawker, Joule, Kapsner, Kelly, Kerttula, Kohring, Kott, LeDoux, Lynn, Moses, Neuman, Olson, Ramras, Salmon, Thomas, Wilson Nays: Coghill, Dahlstrom, Foster, Gatto, Meyer, Stoltze Absent: Chenault, Crawford, Holm, McGuire, Rokeberg, Samuels, Seaton, Weyhrauch And so, Amendment No. 3 was adopted and the new title follows: 2005-05-08 House Journal Page 1788 HOUSE CS FOR CS FOR SENATE BILL NO. 125(FIN) am H "An Act relating to the licensing, regulation, enforcement, and appeal rights of ambulatory surgical centers, assisted living homes, child care facilities, child placement agencies, foster homes, free-standing birth centers, home health agencies, hospices or agencies providing hospice services or operating hospice programs, hospitals, intermediate care facilities for the mentally retarded, maternity homes, nursing facilities, residential child care facilities, residential psychiatric treatment centers, runaway shelters, and rural health clinics; relating to possession of a firearm at licensed entities and facilities; relating to criminal history requirements, and a registry, regarding certain licenses, certifications, approvals, and authorizations by the Department of Health and Social Services; relating to public assistance for health facilities and assisted living homes, to rates charged by an assisted living home, and to the liability of recipients of home-based services to pay for those services; making conforming amendments; and providing for an effective date." Representative Coghill moved and asked unanimous consent that Representatives Weyhrauch, Seaton, and Crawford be excused to 9:00 p.m., today. There being no objection, it was so ordered. Representative Coghill moved and asked unanimous consent that HCS CSSB 125(FIN) am H be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. HCS CSSB 125(FIN) am H was read the third time. The question being: "Shall HCS CSSB 125(FIN) am H pass the House?" The roll was taken with the following result: HCS CSSB 125(FIN) am H Third Reading Final Passage YEAS: 34 NAYS: 0 EXCUSED: 3 ABSENT: 3 2005-05-08 House Journal Page 1789 Yeas: Anderson, Berkowitz, Cissna, Coghill, Croft, Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kelly, Kerttula, Kohring, Kott, LeDoux, Lynn, Meyer, Moses, Neuman, Olson, Ramras, Salmon, Samuels, Stoltze, Thomas, Wilson Excused: Crawford, Seaton, Weyhrauch Absent: Chenault, McGuire, Rokeberg And so, HCS CSSB 125(FIN) am H passed the House. Representative Coghill moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. Representative Kerttula later gave notice of reconsideration of the vote on HCS CSSB 125(FIN) am H and it was taken up then.