Legislature(2013 - 2014)CAPITOL 120
04/07/2014 01:00 PM House JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| Confirmation Hearings: || Confirmation Hearings: | |
| HB214 | |
| Confirmation Hearings: || Confirmation Hearings: | |
| HB214 | |
| HB282 | |
| HB375 | |
| HB60 | |
| HB282 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| + | HB 60 | TELECONFERENCED | |
| + | HB 214 | TELECONFERENCED | |
| *+ | HB 381 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 375 | TELECONFERENCED | |
| += | SB 64 | TELECONFERENCED | |
| += | HB 108 | TELECONFERENCED | |
| += | HB 282 | TELECONFERENCED | |
HB 214-MENTAL HEALTH PATIENT RIGHTS & GRIEVANCES
1:15:07 PM
CHAIR KELLER announced that the next order of business would be
HOUSE BILL NO. 214, "An Act relating to mental health patient
rights, notifications, and grievance procedures."
REPRESENTATIVE LYNN moved to adopt the proposed committee
substitute (CS) for HB 214, labeled 28-LS0869\Y, Mischel,
4/4/14, as the working document. There being no objection,
Version Y was before the committee.
1:15:44 PM
REPRESENTATIVE PETE HIGGINS, Alaska State Legislature, said HB
214 is a patients' rights bill for the mentally ill. "We want
to give them the rights that everybody else basically should
have when they go into a facility," he explained. "You're going
hear words like [indecipherable] and grievances and procedures
and that's what facilities have now already, and they do have
that. And we're not asking them to create anything more or
anything less beyond that point, but what we are asking them to
do is to forward those grievances onto the administration so we
can take a look at them and make sure they're doing the job."
He said he has worked this bill through and it has been heard
frequently in another committee, and "we've done a great job on
basically trying to address everyone's needs and making sure
we're not doing undue burden on other facilities that may not
participate in overnight stays for patients." He said the bill
basically breaks down the grievances into three categories.
1:17:22 PM
REPRESENTATIVE HIGGINS said the first category includes small
grievances "that don't really affect the state." He gave the
example of "my peas are too cold and my cocoa's too hot," and
other such grievances that the facility can take care of fairly
easily. But the grievances he wants to hear about deal with the
patient's rights, he said, like being denied a patient advocate
or telephone access. Such grievances will be forwarded to the
administration, he said. The third category, he explained,
includes criminal grievances, and they need to be forwarded to
the administration. "We don't want any of that hidden," he
added. This is a bill of transparency; this is letting the
state know that the facilities are doing the right thing, he
stated. He said the facilities are doing the right thing. Some
facilities do not support HB 214, he noted, because they do not
like oversight, and that is a red flag. He is in the health
profession, and when he first started taking Medicaid, people
told him that he would not like the audits. But he said he had
no problem with audits since he was not doing anything wrong.
He added that he is computerized, so audits are easy, and they
help him know where he is doing something wrong so he can do
better. This bill is about basic patient rights and there is
pretty good support, he said.
1:19:13 PM
TOM STUDLER, Staff, to Representative Pete Higgins, Alaska State
Legislature, directed the committee's attention to the sectional
analysis of HB 214. Section 1 adds mental health grievance
appeals to the jurisdiction of the Office of Administrative
Hearings; Section 2 requires the Office of Administrative
Hearings to maintain confidentiality of these records and their
grievance appeals; Section 3 amends AS 47.30.660 by defining and
limiting the powers and the duties of the department on what it
can delegate; and Section 4 adds to the list of rights of a
person undergoing mental health evaluation or treatment,
including involuntary commitments.
1:19:59 PM
MR. STUDLER said the additional rights include the right to file
a grievance; the right to have a designated representative of
their choosing to act as their advocate and to assist in the
filing of a grievance; the right to natural support systems,
including family, friends, and help networks after being in a
locked facility for over three days; and the right to maintain
confidentiality of their records. He said Section 5 establishes
a grievance procedure including a call center, departmental
review, and appeal. It also establishes three categories of
grievances and defines grievance, grievant, and unit, he
explained. Section 6 requires the Department of Health and
Social Services (DHSS) to provide a standardized notice of
patients' rights, assistance, and grievance procedures. He said
Section 7 of HB 214 requires a transition period.
1:20:57 PM
MR. STUDLER said this bill has been much belabored to make
changes for patients' rights and to meet the needs of DHSS. He
expressed his belief that this bill represents a consensus. He
explained how the CS changes the bill. Section 3 was changed
after discussions with the Department of Law and DHSS so that
DHSS can maintain what it needs to do and to delegate those
powers necessary to facilitate a good mental health program in
the state. Section 4 was just renumbered for the CS, he stated,
and the definition of "unit" was added to Section 5. This was
for the benefit of individuals in community health centers or in
centers that do not perform evaluations or have people
committed. "It takes the local community health centers out of
the equation; they're no longer required to participate in this
program," he explained.
1:23:46 PM
MR. STUDLER said Section 7 amends the uncodified law by adding
that the DHSS shall implement these changes as soon as feasible.
He then noted that he failed to explain a change with the 24-
hour call center, which was removed in an earlier version of the
bill and will reduce the fiscal note. Also, defining the term
"unit" will further reduce the fiscal note, he said. He added
that he is hoping to hear from DHSS soon regarding the note.
CHAIR KELLER called for public testimony.
The committee took an at-ease from 1:25 p.m. to 1:26 p.m.
1:26:40 PM
FAITH MYERS, Psychiatric Patient Advocate Volunteer, said she
received psychiatric treatment in 2002 from the state-run Alaska
Psychiatric Institute, the Providence psychiatric emergency
room, and Anchorage Community Mental Health Services. She
stated that she had reasons to file complaints that included
denial of service, physical assault, getting a black eye by
staff, and denial of basic rights. She explained that in all
cases she never received written copies of grievance and appeal
procedures. She could not file an appeal and did not get a
written answer in two cases.
1:28:12 PM
MS. MYERS said the mentally ill come in all shapes and sizes.
As a group they are mistreated [indiscernible]. She urged the
passage of HB 214 so that psychiatric patients get more
equitable and fair patient rights.
CHAIR KELLER thanked her for her volunteer work and her
testimony.
1:29:21 PM
DORRANCE COLLINS, Psychiatric Patient Advocate Volunteer, stated
that he supports HB 214, giving psychiatric patients an absolute
right to file a grievance and to appeal. It will force
psychiatric institutions to improve patient care, he added.
[Inaudible] As of now, psychiatric institutions hold too much
power in a patient's grievance and appeal process. The DHSS
[supports] the Alaska Psychiatric Institute where 97 percent of
its patients arrive involuntarily, and DHSS claims that only 15
patients wanted to file a grievance last year and even less
could file an appeal to resolution, he said. The hospital
treats about 4,000 patients per year, and several thousand are
involuntarily [committed]. Providence Hospital testified to the
HESS Committee that only 10 patients wanted to file a grievance
last year, he stated. [Inaudible]
1:30:39 PM
CHAIR KELLER said the committee is having difficulty hearing Mr.
Collins, and he asked for written comments.
MR. COLLINS said the federal government and the Joint Commission
for accreditation of hospitals have rules that help protect the
patient and the grievance process, "but there is absolutely no
protection for the psychiatric patients and the informal
complaint process." He requested that patients get the right to
file a grievance at the time of their choosing, and "following
the initial evaluation, psychiatric patient rights 4, 5, 7, and
9 can only be temporarily removed if the professional in charge
determines that granting those patients those rights will pose a
threat to the safety and wellbeing of the patient or others."
He said HB 214 should state that the patient advocate shall have
mental health advocacy training and that there will be an
advocate available 24 hours a day, seven days a week.
1:31:35 PM
MR. COLLINS said patients are locked up on Sunday, not just
during the week. They are locked up at midnight, and they need
an advocate available all of the time, he explained. He said HB
214 should add an urgent grievance [process]. Patients are
often in facilities for less than 14 days, and they could be
denied their rights the entire time. He said there should be
some kind of phone line where a patient can call a help center.
He suggested adding clarity to when a patient grievance starts-
"you tell when it ends, but when does the patient grievance
start-when it's dropped in the box or when they call it in?" It
should be in the bill, he opined. Closing the loopholes in HB
214 will determine if patients will actually be able to file a
grievance in a fair way, he concluded.
1:33:43 PM
CHAIR KELLER briefly set aside HB 214 in order to hold a
confirmation hearing.
HB 214-MENTAL HEALTH PATIENT RIGHTS & GRIEVANCES
1:36:44 PM
CHAIR KELLER announced that the committee will return to public
testimony for HB 214.
J. FAITH BURKHART, Executive Director, Alaska Mental Health
Board, spoke of the changes made by the sponsor for HB 214,
particularly [the change] ensuring that behavioral health
centers [inaudible].
The committee took an at-ease from 1:38 p.m. to 1:43 p.m.
1:43:55 PM
MS. BURKHART said she will submit her comments in writing.
The committee took an at-ease from 1:44 p.m. to 1:45 p.m.
1:45:25 PM
CHAIR KELLER ended public testimony [audio difficulties].
REPRESENTATIVE LYNN moved to report the CS (Committee
Substitute) to HB 214, labeled 28-LS0869\Y, Mischel, 4/4/14, out
of committee with individual recommendations and the
accompanying fiscal notes. There being no objection, CSHB
214(JUD) was reported out of the House Judiciary Standing
Committee.