04/10/2023 03:15 PM House LABOR & COMMERCE

        HB  60-RUNAWAYS; DFCS/DOH: DUTIES/LICENSING/INFO                                                                    
                                                                                                                                
3:18:26 PM                                                                                                                    
                                                                                                                                
CHAIR SUMNER announced that the  first order of business would be                                                               
HOUSE BILL NO.  60, "An Act relating to the  licensing of runaway                                                               
shelters; relating  to advisors to  the board of trustees  of the                                                               
Alaska Mental Health Trust Authority;  relating to the sharing of                                                               
confidential health information between  the Department of Health                                                               
and the Department of Family  and Community Services; relating to                                                               
the  duties of  the Department  of Health  and the  Department of                                                               
Family  and Community  Services; and  providing for  an effective                                                               
date."                                                                                                                          
                                                                                                                                
3:18:50 PM                                                                                                                    
                                                                                                                                
CLINTON LASLEY, Deputy Commissioner,  Office of the Commissioner,                                                               
Department of Family and Community  Services (DFCS), on behalf of                                                               
the sponsor,  the House  Rules Standing  Committee by  request of                                                               
the  governor, introduced  HB 60.   He  stated that  HB 60  would                                                               
provide some  clean-up of  Executive Order  121, which  went into                                                               
effect July  1, 2023.   He reminded the committee  that Executive                                                               
Order 121  had reorganized  the Department  of Health  and Social                                                               
Services into the  Department of Health (DOH) and DFCS.   He said                                                               
the changes  the proposed legislation  would make are  minor, but                                                               
important, and  the departments would  be able to  continue their                                                               
operations.   The  proposed legislation  would require  that DFCS                                                               
share  information  with DOH,  as  this  would continue  previous                                                               
procedures.  He  continued that it would add  the commissioner of                                                               
DFCS as  a statutory advisor  to the  Board of the  Alaska Mental                                                               
Health  Trust.   Lastly, he  said, it  would clarify  the statute                                                               
concerning  licensing  duties  as assigned  to  the  departments,                                                               
specifying   that  DOH   would  be   responsible  for   licensure                                                               
regulations, while DFCS would maintain  and register licenses for                                                               
the programs for runaway youth.                                                                                                 
                                                                                                                                
3:21:21 PM                                                                                                                    
                                                                                                                                
HEATHER   CARPENTER,   Deputy   Commissioner,   Office   of   the                                                               
Commissioner,  Department of  Health, on  behalf of  the sponsor,                                                               
the House  Rules Standing Committee  by request of  the governor,                                                               
paraphrased from the sectional analysis  of HB 60, [copy included                                                               
in  the  committee  packet]  which   read  as  follows  [original                                                               
punctuation provided]:                                                                                                          
                                                                                                                                
     Section   1   Amends    AS   12.62.400(a)   to   assign                                                                    
     responsibility  for  criminal  history checks  for  the                                                                    
     licensing  of runaway  shelters  to  the Department  of                                                                    
     Health  rather  than  the   Department  of  Family  and                                                                    
     Community Services.                                                                                                        
                                                                                                                                
     Section   2  Amends   AS  18.65(f)(1)   to  amend   the                                                                    
     definition  of "department"  to include  the Department                                                                    
     of Family and Community Services.                                                                                          
                                                                                                                                
     Section 3  Amends AS 44.25.260 to  add the Commissioner                                                                    
     of the  Department of Family and  Community Services to                                                                    
     the  list of  advisors  to Alaska  Mental Health  Trust                                                                    
     Authority board.                                                                                                           
                                                                                                                                
     Section 4 Amends AS 47.05  by adding a new section: (1)                                                                    
     requiring the  Department of  Health and  Department of                                                                    
     Family  and   Community  Services   share  identifiable                                                                    
     health  information between  and within  departments as                                                                    
     necessary  to   enable  the  efficient   and  effective                                                                    
     administration and operation of both departments;                                                                          
     (2)  establishing  that   information  acquired,  used,                                                                    
     disclosed, and  stored under this section  be stored in                                                                    
     a confidential and secure environment;                                                                                     
     (3)    establishes   the  definition  of  "identifiable                                                                    
     health information" with the  existing definition in AS                                                                    
     18.15.395.                                                                                                                 
                                                                                                                                
3:24:28 PM                                                                                                                    
                                                                                                                                
MS. CARPENTER continued paraphrasing from the sectional                                                                         
analysis, which read as follows [original punctuation provided]:                                                                
                                                                                                                                
     Sections  5-9 and  11-14  Amends  multiple statues  and                                                                    
     adds  a   new  subsection  (Section  6)   to  correctly                                                                    
     identify the roles of the  Department of Health and the                                                                    
     Department of Family and  Community Services related to                                                                    
     programs   for   runaway  minors.   Specifically,   the                                                                    
     Department of Health is  responsible for regulation and                                                                    
     licensure,   while  the   Department   of  Family   and                                                                    
     Community  Services maintains  a  register of  licensed                                                                    
     runaway   programs,   awards  community   grants,   and                                                                    
     receives notifications related to                                                                                          
                                                                                                                                
     Section 10 Amends AS 47.10.396  to clarify that records                                                                    
     required by the  both the departments that  are held by                                                                    
     licensed   shelters   for   runaways   are   considered                                                                    
     confidential.                                                                                                              
                                                                                                                                
     Section 15  Amends AS  47.32.032 to  provide clarifying                                                                    
     language  in licensing  statute  to  identify that  the                                                                    
     Department   of  Family   and  Community   Services  is                                                                    
     responsible  for  foster  home  licensing  and  certain                                                                    
     types of variances related to the license.                                                                                 
                                                                                                                                
     Section  16-18 Amends  AS 47.32  to provide  clarifying                                                                    
     language  in  licensing  statute about  the  respective                                                                    
     departments having  responsibility for  actions related                                                                    
     to the entities they license.                                                                                              
                                                                                                                                
     Section  19 Amends  AS 47.32.900  to  clarify that  the                                                                    
     Department of Health determines  whether a facility can                                                                    
     be considered an "assisted living home."                                                                                   
                                                                                                                                
     Section 20 Amends AS 47.32  to add a new definition for                                                                    
     "applicable   department"  in   licensing  statute   to                                                                    
     recognize  the departments  responsibility for  actions                                                                    
     related to the entities they license.                                                                                      
                                                                                                                                
     Section 21  Repeals AS  47.32.010(c)(3) related  to the                                                                    
     licensure of shelters  for runaways. Specifically, this                                                                    
     repeal  clarifies other  provisions (sections  5-14) in                                                                    
     this  bill that  runaway shelters  are licensed  by the                                                                    
     Department of  Health and not the  Department of Family                                                                    
     and Community Services.                                                                                                    
                                                                                                                                
     Section 22 Establishes an immediate effective date.                                                                        
                                                                                                                                
3:27:07 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE FIELDS questioned why HB 60 is being heard by the                                                                
House Labor and Commerce Standing Committee                                                                                     
                                                                                                                                
MS. CARPENTER answered that the House Finance Standing Committee                                                                
was removed from the schedule because there is not a fiscal                                                                     
note; therefore, HB 60 was reassigned to this committee.                                                                        
                                                                                                                                
3:27:47 PM                                                                                                                    
                                                                                                                                
CHAIR SUMNER announced that HB 60 was held over.