Legislature(1999 - 2000)
03/31/2000 01:45 PM House FIN
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* first hearing in first committee of referral
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HOUSE BILL NO. 346
An Act relating to services for persons with
developmental disabilities.
REPRESENTATIVE REGGI JOULE noted that the bill would address
the needs of individuals with developmental disabilities and
their families by requiring the Division of Mental Health
and Developmental Disabilities to conduct periodic reviews
of their waitlist and by requiring an annual report to the
Legislature and Governor regarding the same. Representative
Joule noted that recently, there have been more individuals
with developmental disabilities requesting services than
there are available resources.
In 1989, the Division of Mental Health and Developmental
Disabilities started a waitlist for those individuals. The
waitlist is the Division's way of prioritizing individual
requests. Presently, there are 786 people on the
developmental disabilities waitlist with 333 on the Infant
Learning Program waitlist.
The Hess Committee Substitute makes minor changes to the
original bill and the title was changed to more accurately
represent the purpose of the bill. The second amendment
changes Section 1(d)(3) by deleting language that the
Division would not be required to collect. That section now
asks for the basic demographic information across all
regions about the age, sex, and racial and ethnic background
of the individuals on the waiting list. The last amendment
would change section 1 (d)(8) to allow the Department to
provide copies of the Department's policies, manuals and
procedures in either written or electronic form. The
amendment added the option of providing the data in
electronic format.
Representative Joule advised that the need for services for
individuals with developmental disabilities will continue to
grow faster than available resources. In order to meet the
needs of individuals with developmental disabilities and
their families, addressing the waitlist and available
services must continue. The bill would require the
collection and dissemination of data to relevant parties.
Representative Joule pointed out that there is a zero fiscal
note.
In order to make the best use of available resources and to
ensure fair administration of the waitlist, the bill will
establish periodic reviews along with an annual report to
the Legislature and Governor. The periodic reviews will
ensure those individuals with developmental disabilities and
their families that the waitlist is being fairly
administered, reviewed, and updated on a regular basis.
Additionally, the bill will require the Division to
establish written procedures and consumer information which
would be available to aid the general public.
Representative Joule pointed out that at this time, this is
a $50 million dollar industry without uniform statewide
information available to the public who accesses and uses
the service.
Representative Phillips pointed out that the benefits of the
program would fall in line with the missions and measures of
that Division.
DAVID MALTMAN, (TESTIFIED VIA TELECONFERENCE), DIRECTOR,
GOVERNOR'S COUNCIL ON DISABILITIES AND SPECIAL EDUCATION,
ANCHORAGE, testified in support of the legislation. He
deferred testimony to Mr. Dummann, the Chair of the Council.
ERNEST DUMMANN, (TESTIFIED VIA TELECONFERENCE), CHAIRMAN OF
THE GOVERNOR'S COUNCIL ON DISABIITIES AND SPECIAL EDUCATION,
ANCHORAGE, advised that he had been appointed to that
Council by Governor Hickle in 1991, to speak for those
people that can not speak for themselves. He stressed that
the current system and State agencies which these people
have had to work with for maintaining their homes, has
"broken down" many families and consumers. Government has
been inefficient and non-responding. He stated that the
present system has failed. He emphasized that passage of
the proposed legislation would provide family members
answers that they deserve. He urged support for HB 346.
KATHLEEN FITZGERALD (TESTIFIED VIA TELECONFERENCE),
COALITION OF ALASKA, ANCHORAGE, noted that this would be an
exciting piece of legislation for the State. She requested
that the Committee pass the bill so as to enhance a system
that has been without answers for many people statewide.
She stressed the importance of this legislation.
SHELLY SHOWALTER (TESTIFIED VIA TELECONFERENCE), FAIRBANKS,
testified in support of the legislation.
THERESA REGER, (TESTIFIED VIA TELECONFERENCE), KENAI,
testified in support of the legislation. She commented how
her child had disappeared off the waitlist during the past
three years. He had been on the list for fourteen years.
She urged support of the bill. Representative Phillips
asked if some people were removed from the list because of
their age. Ms. Reger replied that was not the case for her.
SUSAN STAFFORD, (TESTIFIED VIA TELECONFERENCE), KENAI, spoke
in support of the legislation.
DENNIS HAAS, (TESTIFIED VIA TELECONFERENCE), KENAI, noted
his frustration on being on the waitlist for over ten years
for services for his daughter. He emphasized that the
proposed bill would formalize the process, making it more
consistent in determining the eligibility of State services.
LYNETTE HAAS, (TESTIFIED VIA TELECONFERENCE), KENAI,
explained that as she worked for a local nonprofit agency,
Frontier Community Services, when she became more confused
with the waitlist situation where doing family support work.
She agreed that sometimes it was better just not knowing as
a parent. She stressed how confusing the waitlist system
has become and urged support of the legislation.
HOLLY KRISTIANSEN, (TESTIFIED VIA TELECONFERENCE), KENAI,
testified in support of passage of HB 366. She stressed how
"sad" it is that Alaska's children sit and wait for
placement during such critical times of their development.
She emphasized that there needs to be procedures to address
these concerns. There should be a current process for
offering a quality of life for people and accountability to
those people.
Representative Phillips asked if there was an "aged out"
period and if that was the reason why some people got
dropped off the list. Ms. Kristiansen did not believe that
was what was happening. She stated that in the case of her
four-year-old son, because he was receiving services that
were privately paid for, he was taken off the early
intervention program.
WINI CROSBY, (TESTIFIED VIA TELECONFERENCE), KENAI, noted
that she worked with people with disabilities. She
addressed that fact that these people are confused. She
explained that the current system is crisis driven. People
get steadily pushed down the list until they become chronic
and then they move to the top of the list. She recommended
that the Committee support anything that could make the list
more "understandable" to the people with disabilities and
their families. She urged support of the bill.
RENE GAYHART, DIVISION OF MENTAL HEALTH AND DEVELOPMENTAL
DISABILITIES, PROGRAM SPECIALIST, DEPARTMENT OF HEALTH AND
SOCIAL SERVICES, JUNEAU, stated that the waitlist exists
because insufficient resources are available to meet the
service needs of all consumers eligible for developmental
disabilities (DD) services. Historically, the Division has
had few opportunities to report accurate information about
the waitlist to the Governor and the Legislature, as well as
to consumers and other stakeholders. For the first time
since the inception of the waitlist in 1989, in the spring
of 1999, the Division proactively took on the responsibility
of a comprehensive assessment of that list. The results of
the assessment proved to be of great value to consumers,
families, and other stakeholders of the DD service delivery
system.
Ms. Gayhart added that the bill would provide an ongoing
opportunity to submit regular and accurate information in a
manner that may guide decision-making and program planning.
The opportunity to have the information available in the
public arena would eliminate inaccuracies and
misunderstandings about the waitlist and the Division's
policies and practices relating to the needs of its
consumers.
Co-Chair Therriault asked why a list had not been created in
the past. Ms. Gayhart replied that there is nothing
preventing the Division from doing a list. She noted that
she had been working on a comprehensive program review this
past year. She did not understand why it had not been done
in the past, but noted that it is now current and up to
date. There is a new system which will be available by July
2000. Co-Chair Therriault asked if the bill was needed.
Ms. Gayhart commented that the bill would be a good thing to
have in place for the long term through an administration
change.
Representative J. Davies stated that the intention of the
bill is to guarantee that the report stays available so that
future "break-downs" don't occur.
Representative Foster MOVED to report CS HB 346 (HES) out of
Committee with the individual recommendations and with the
accompanying fiscal note. There being NO OBJECTION, it was
so ordered.
CS HB 346 (HES) was reported out of Committee with a "do
pass" recommendation and with a zero fiscal note by the
Department of Health and Social Services dated 3/6/00.
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