Legislature(2013 - 2014)CAPITOL 106
03/14/2014 08:00 AM House HEALTH & SOCIAL SERVICES
| Audio | Topic |
|---|---|
| Start | |
| HB214 | |
| HB134 | |
| HB250 | |
| HCR18 | |
| HCR19 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 134 | TELECONFERENCED | |
| += | HB 250 | TELECONFERENCED | |
| *+ | HCR 18 | TELECONFERENCED | |
| *+ | HCR 19 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 214 | TELECONFERENCED | |
HB 214-MENTAL HEALTH PATIENT RIGHTS & GRIEVANCES
8:03:07 AM
CHAIR HIGGINS announced that the first order of business would
be HOUSE BILL NO. 214, "An Act relating to mental health patient
rights, notifications, and grievance procedures." [In front of
the committee was the proposed committee substitute (CS) for HB
214, labeled 28-LS0869\C, Mischel, 3/7/14, which had been
adopted as the working draft on March 11, 2014]
8:03:17 AM
REPRESENTATIVE KELLER moved to adopt the proposed committee
substitute (CS) for HB 214, labeled 28-LS0869\O, Mischel,
3/13/14, as the working draft. There being no objection, it was
so ordered. [Public testimony was closed at the March 11, 2014
committee meeting]
8:04:20 AM
THOMAS STUDLER, Staff, Representative Pete Higgins, Alaska State
Legislature, explained that Sections 1 and 2 of Version O were
unchanged from the previous version; however, Section 3 was
amended by adding, "has the right to add designated
representative employed and clearly identified by the evaluation
facility or unit or a designated treatment facility or unit to
act as a patient advocate and to assist in the filing of a
grievance under AS 47.30.847." He pointed out that [paragraph]
(14) was also amended, "has the right to select and individual
to act as a patient advocate and to assist in the filing of a
grievance under AS 47.30.847." Lastly, he noted that paragraphs
(15) and (16) were number changes. He reported that a patient
had the option of selecting their own advocate, or utilizing the
designated staff advocate at the facility. Directing attention
to page 5, line 17, which had been added after consultation with
DHSS, he read: "Nothing in this section applies to a facility
or unit or designated treatment facility that only provides
outpatient services." He stated that this had been an onerous
requirement on an outpatient service for filing grievances, as
the patient already had the option for leaving. He said that
Sections 4 and 5 were unchanged. He reported that Section 6 was
under discussion, although "it's not appropriate to discuss that
in this particular committee setting."
8:06:57 AM
MR. STUDLER, in reference to Section 6, remarked that, although
there had been resolution to the difference of opinion, he was
not yet ready to present it to the committee.
CHAIR HIGGINS offered his belief that the DHSS discussions for
the proposed bill were "pretty much vetted," and said that the
legal aspects were still to be worked out in the House Judiciary
Standing Committee.
8:07:58 AM
REPRESENTATIVE TARR opined that the legal opinion raised "a
pretty substantial issue that needed to be resolved," and she
asked if the information would accompany the proposed bill to
the House Judiciary Standing Committee.
CHAIR HIGGINS replied that, although there appeared to be
agreement for the proposed language, the House Judiciary
Standing Committee would "vet this a little bit further in that
area."
REPRESENTATIVE TARR expressed her concern that, as a sponsor to
the proposed bill, the provision had not yet been resolved when
it was passed from the House Health and Social Services Standing
Committee.
8:09:04 AM
MR. STUDLER explained that there had been discussions with the
assistant attorney general, and he offered his belief that a
resolution was forthcoming.
8:09:32 AM
REPRESENTATIVE KELLER moved to report CSHB 214, Version 28-
LS0869\O, Mischel, 3/13/14, out of committee with individual
recommendations and the accompanying fiscal notes. There being
no objection, CSHB 214(HSS) was moved from the House Health and
Social Services Standing Committee.
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