Legislature(2023 - 2024)BUTROVICH 205
05/02/2023 03:30 PM Senate HEALTH & SOCIAL SERVICES
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| Audio | Topic |
|---|---|
| Start | |
| HB60 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 60 | TELECONFERENCED | |
| + | TELECONFERENCED |
HB 60-RUNAWAYS; DFCS/DOH: DUTIES/LICENSING/INFO
3:34:15 PM
CHAIR WILSON announced the consideration of CS FOR HOUSE BILL
NO. 60(HSS) am "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."
He noted that the committee heard the Senate companion bill, SB
59, on February 28, 2023. The intent today is to discuss the
changes that the other body made to HB 60 as it went through the
process. He recognized Matt Davidson.
3:35:16 PM
MATT DAVIDSON, Special Assistant to the Commissioner, Department
of Family and Community Services (DFCS), Juneau, Alaska, stated
that HB 60 seeks to "clean up" Executive Order (EO) 121 that
bifurcated the Department of Health and Social Services into the
Department of Health (DOH) and the Department of Family and
Community Services (DFCS). The original bill, version A, added
the DFCS commissioner as a statutory advisor to the Mental
Health Trust Board and instructed the two departments to protect
confidential information as it did as one agency and as required
by HIPPA. The bill also fixed drafting errors relating to the
licensing of runaway shelters by the Department of Health and
the licensing of foster homes by the Department of Family and
Community Services (DFCS).
3:36:53 PM
MR. DAVIDSON explained that as HB 60 went through the committee
process, the Department of Law worked with Legislative Legal to
add additional clarifying language related to the licensing of
runaway shelters. Additionally, the Department of Family and
Community Services (DFCS) was added to the definition of
"department" in Title 18. The bill was further amended on the
House floor to clarify that when a minor enters a runaway
shelter and claims to be a victim of human or sex trafficking,
the shelter must report that to law enforcement and inform the
victim of services that are available for victims of sex and
human trafficking. He noted that the House floor amendments
appear in Section 8 the definition of "human trafficking" was
added in the new Section 9.
3:39:19 PM
SENATOR TOBIN joined the committee.
CHAIR WILSON asked whether the department had reached out to the
current providers to ensure that the language was acceptable
3:39:46 PM
MR. DAVIDSON confirmed that the Department of Health (DOH)
reached out and he had not heard any negative comments related
to the requirements. He understands the Covenant House in
Anchorage, which is one of the licensed entities that provides
services, also offers training to state agencies on human and
sex trafficking.
3:40:12 PM
SENATOR DUNBAR asked whether the bill would receive a Judiciary
Committee referral given that it now has mandatory reporting.
MR. DAVIDSON responded that the section that is being amended
relates to licensing which is under the Department of Health.
The new duties are not added to mandatory reporting; rather,
they are added to the licensing duties of these agencies.
3:41:22 PM
SENATOR DUNBAR asked what the consequences would be for
violating this section.
MR. DAVIDSON responded that these agencies are already mandatory
reporters of child abuse and neglect, and this adds human and
sex trafficking to the list. He said he didn't believe that the
licensing agency would be expected to impose a penalty for
noncompliance.
CHAIR WILSON countered that he had experience with childcare
facility audits and there are licensing consequences when there
is a finding of noncompliance. He compared it to a Joint
Commission on Accreditation of Healthcare Organizations (JCAHO)
audit. He asked Stacie Kraly from the Department of Law to
respond to the question.
3:42:42 PM
STACIE KRALY, Statewide Office Chief and Director, Civil
Division, Department of Law, Juneau, Alaska, clarified that the
House floor amendment added the obligation for runaway shelters
to notify either the Office of Children's Services (OCS) or law
enforcement if they have reason to believe that a minor in the
shelter is a victim of sex trafficking. The existing statute
requires the facility to notify the Office of Children's
Services when a minor is admitted to the facility. She agreed
with Mr. Davidson that the requirement is part of the licensing
framework, so if a runaway shelter failed to notify either OCS
or law enforcement, a violation could be brought against the
facility. This type of violation probably would not result in
the suspension or termination of the license, but it could lead
to a review of the facility's policies and protocols to ensure
it was complying with the statute. She reiterated that the duty
to report was either to OCS or law enforcement, not both.
3:45:21 PM
SENATOR DUNBAR referenced the provision in paragraph (7) on page
6 that requires a program for runaway minors to provide an
explanation and materials to a minor on the signs and risks of
human and sex trafficking. He asked where those materials would
come from.
3:45:48 PM
MS. KRALY said she didn't believe that there were specific
requirements for the materials but providing information about
services for youths is part of the core work that Covenant House
does so she assumes that entity would develop the material and
add it to the information they already provide.
3:46:56 PM
SENATOR DUNBAR asked whether the Department of Law would review
the material that's developed for sufficiency since this is a
legal requirement.
MS. KRALY answered yes; when a facility is licensed, DOL
conducts a standards check of the policies and procedures to
ensure they are sufficient for licensure and available not only
upon request but as an affirmative act.
3:48:12 PM
SENATOR GIESSEL referenced the provisions on page 6 in Section
8, paragraphs (6) and (7). She asked who is giving consent to
give these materials to somebody who is under 18 years of age.
MS. KRALY advised that a provision in Title 25 allows minors to
give consent under certain circumstances, one of which is when a
minor is estranged from their parents and does not have a
guardian. The constitutional privacy rights set forth by the
Alaska Supreme Court also support providing certain information
to minors under various circumstances. She said she would follow
up with the specific statute.
3:50:55 PM
At ease.
3:52:56 PM
CHAIR WILSON reconvened the meeting and noted that Ms. Kraly had
identified the specific statute.
3:53:05 PM
MS. KRALY advised that she previously was referring
to AS 25.20.025(a)(1) which is the statute that talks about a
minor who is estranged from their parents and the authority they
have under that circumstance.
SENATOR GIESSEL highlighted that subsection (a) specifically
says that minors may consent to receive medical and dental
services.
MS. KRALY opined that it encapsulates a much broader spectrum;
the minor can engage in ancillary services which could include
behavioral health under that statute in those circumstances. She
added that some of these children may be in the custody of the
Office of Children's Services and that the agency would have the
ability to consent on behalf of a minor who entered a shelter.
3:54:44 PM
SENATOR GIESSEL questioned the application because the statute
doesn't specify a broader spectrum and she knows first-hand that
clinicians won't provide behavioral health services to estranged
minors without parental consent.
3:55:37 PM
MS. KRALY offered her understanding that health care has been
construed statutorily to include mental health services. Whether
or not clinicians will accept that consent is a separate matter.
She added that it is not uncommon for parents to be aware that
their child is in a shelter, so there is a mechanism for parents
to be involved.
SENATOR GIESSEL articulated concern that a parent who is aware
that their runaway child is in a shelter and requesting mental,
dental, or behavioral health services could deny their child
access to those services.
3:57:34 PM
SENATOR DUNBAR asked if there is a legal distinction between a
runaway shelter and a children's homeless shelter and if the
provision about human and sex trafficking would apply to both
types of shelter.
MS. KRALY replied that the requirement is only applicable to
licensed runaway shelters. A homeless shelter that provides
services to minors in the same circumstances could provide the
information but the requirement applies only to providers that
are licensed by the department and children's homeless shelters
are not licensed as such.
3:58:57 PM
SENATOR DUNBAR asked for the practical difference between a
children's homeless shelter and a runaway shelter.
MS. KRALY said she didn't know that there was a functional
difference but the policy call the legislature made decades ago
was that runaway shelters for minors would be licensed.
SENATOR DUNBAR asked if Covenant House volunteered to be a
runaway shelter, but it could decide to be a children's homeless
shelter instead.
MS. KRALY said she didn't know that every component of Covenant
House was licensed, but the programs relating to a runaway
shelter require licensure.
4:01:08 PM
CHAIR WILSON noted that Title 47 provides regulatory guidelines
for differentiating between the types of shelters.
CHAIR WILSON asked Mr. Davidson whether the need to pass this
legislation was pressing.
4:02:04 PM
MR. DAVIDSON responded that the administration would like to see
the bill pass this session. Some things aren't pressing, but the
provision that clarifies that the two new departments will share
information under HIPPA just as the single department did
previously is vital.
4:02:52 PM
At ease.
4:04:01 PM
CHAIR WILSON reconvened the meeting, set an amendment deadline,
and held HB 60 in committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 60 ver S.A.PDF |
SHSS 5/2/2023 3:30:00 PM |
HB 60 |
| HB060 Transmittal Letter version A.pdf |
SHSS 5/2/2023 3:30:00 PM |
HB 60 |
| HB060 - EO 121 Clean Up - Summary- (4-25-23) .pdf |
SHSS 5/2/2023 3:30:00 PM |
HB 60 |
| HB 60 Explanation of Changes Version A to Verson S.A (5-1-23) .pdf |
SHSS 5/2/2023 3:30:00 PM |
HB 60 |
| HB60 Section Analysis (Version S.A) 5.01.23.pdf |
SHSS 5/2/2023 3:30:00 PM |
HB 60 |
| HB0060-1-2-020323-DFC-N.PDF |
SHSS 5/2/2023 3:30:00 PM |
HB 60 |
| HB0060-2-2-020323-DOH-N.PDF |
SHSS 5/2/2023 3:30:00 PM |
HB 60 |