02/06/2025 03:15 PM House HEALTH & SOCIAL SERVICES
| Audio | Topic |
|---|---|
| Start | |
| HB73 | |
| HB68 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| + | SB 15 | TELECONFERENCED | |
| + | HB 68 | TELECONFERENCED | |
| *+ | HB 73 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
HOUSE HEALTH AND SOCIAL SERVICES STANDING COMMITTEE
February 6, 2025
3:17 p.m.
MEMBERS PRESENT
Representative Genevieve Mina, Chair
Representative Andrew Gray
Representative Zack Fields
Representative Donna Mears
Representative Mike Prax
Representative Rebecca Schwanke
MEMBERS ABSENT
Representative Justin Ruffridge
OTHER LEGISLATORS PRESENT
Representative Kelly Merrick
COMMITTEE CALENDAR
HOUSE BILL NO. 73
"An Act relating to complex care residential homes; and
providing for an effective date."
- HEARD & HELD
HOUSE BILL NO. 68
"An Act relating to the sale of alcohol; and relating to the
posting of warning signs for alcoholic beverages."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: HB 73
SHORT TITLE: COMPLEX CARE RESIDENTIAL HOMES
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
01/27/25 (H) READ THE FIRST TIME - REFERRALS
01/27/25 (H) HSS, FIN
02/06/25 (H) HSS AT 3:15 PM DAVIS 106
BILL: HB 68
SHORT TITLE: ALCOHOL: SALE, WARNING SIGNS
SPONSOR(s): LABOR & COMMERCE
01/24/25 (H) READ THE FIRST TIME - REFERRALS
01/24/25 (H) L&C, HSS
01/24/25 (H) L&C WAIVED PUBLIC HEARING NOTICE, RULE
23(A)
01/27/25 (H) L&C AT 3:15 PM BARNES 124
01/27/25 (H) Heard & Held
01/27/25 (H) MINUTE(L&C)
01/29/25 (H) L&C AT 3:15 PM BARNES 124
01/29/25 (H) Moved HB 68 Out of Committee
01/29/25 (H) MINUTE(L&C)
01/31/25 (H) L&C RPT 5DP 2AM
01/31/25 (H) DP: CARRICK, NELSON, BURKE, HALL,
FIELDS
01/31/25 (H) AM: COULOMBE, SADDLER
02/06/25 (H) HSS AT 3:15 PM DAVIS 106
WITNESS REGISTER
HEIDI HEDBERG, Commissioner
Department of Health
Juneau, Alaska
POSITION STATEMENT: Co-presented HB 73 on behalf of the bill
sponsor, House Rules by request of the governor.
EMILY RICCI, Deputy Commissioner
Office of the Commissioner
Department of Health
Juneau, Alaska
POSITION STATEMENT: Co-presented HB 73 on behalf of the bill
sponsor, House Rules by request of the governor.
CLINTON LASLEY
Deputy Commissioner, Department of Health
Juneau, Alaska
POSITION STATEMENT: Co-presented HB 73 on behalf of the bill
sponsor, House Rules by request of the governor.
ROBERT LAWRENCE, MD, Chief Medical Officer
Department of Health
Juneau, Alaska
POSITION STATEMENT: Co-presented HB 73 on behalf of the bill
sponsor, House Rules by request of the governor.
EVAN ANDERSON, Staff
Representative Zack Fields
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Gave the sectional analysis for HB 68 on
behalf of Representative Fields, prime sponsor.
SARAH OATES-HARLOW, President/CEO
Alaska Cabaret, Hotel, Restaurant, and Retailers Association
(CHARR)
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 68.
DAVID MCCARTHY
Founder/CEO
Northern Hospitality Group
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 68.
CODIE COSTELLO
President/COO
Performing Arts Center (PCA);
General Manager
Broadway Alaska
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 68.
ACTION NARRATIVE
3:17:43 PM
CHAIR GENEVIEVE MINA called the House Health and Social Services
Standing Committee meeting to order at 2:53 p.m.
Representatives Schwanke, Prax, Fields, Gray, and Mina were
present at the call to order. Representatives Mears arrived as
the meeting was in progress. Also present was Representative
Kelly Merrick.
HB 73-COMPLEX CARE RESIDENTIAL HOMES
3:18:27 PM
CHAIR MINA announced that the first order of business would be
HOUSE BILL NO. 73, "An Act relating to complex care residential
homes; and providing for an effective date."
3:19:07 PM
HEIDI HEDBERG, Commissioner, Department of Health (DOH), co-
presented HB 73 on behalf of the bill sponsor, House Rules by
request of the governor. She thanked the committee for hearing
HB 73. She said the bill is the result of collaborative work
between the Department of Family and Community Services (DFCS)
and DOH "to address gaps in the Alaska system of care for
individuals with complex behavioral health and co-occurring
needs." She explained that Alaska currently lacks a place where
individuals can get the care they need while remaining "in home-
like community settings." The new license proposed under HB 73
would fill the gap in options. She introduced Deputy
Commissioners Ricci and Lasley.
3:20:19 PM
EMILY RICCI, Deputy Commissioner, Office of the Commissioner,
Department of Health, co-presented HB 73 on behalf of the bill
sponsor, House Rules by request of the governor. She said one
key effort of the department is to strengthen the behavioral
health system, a key aspect of which is to address complex care
needs both at an individual and system level. She said the
proposed legislation represents the outcome of that work within
the department and with DFCS.
3:21:20 PM
CLINTON LASLEY, Deputy Commissioner, Department of Family and
Community Services (DFCS), co-presented HB 73 on behalf of the
bill sponsor, House Rules by request of the governor. He talked
about the recent split of the former Department of Health and
Social Services into the two departments represented today and
getting people the care they need in the most effective way. He
said a case response team was created to look at individual
cases, as well as a Complex Care Committee (CCC), which looked
at finding appropriate care settings.
MR. LASLEY began a PowerPoint presentation [hard copy included
in the committee file], on slides 3 and 4, "What Is Complex
Care?," which read as follows [original punctuation provided]:
club Definition: Co-occurring behavioral, medical, or
disability-related needs requiring a multi-
disciplinary team and multiple programs.
club Vision: A coordinated system that delivers
compassionate, timely, and person-centered care for
the most vulnerable and complex Alaskans.
Behavioral health conditions
Public safety encounters
Disruptive behaviors
1:1+ staffing required
Co-occurring medical conditions
Extensive inpatient hospital visits
Carceral system involvement
Out of state treatment
Frequent emergency department visits
Harm to self or others
Psychiatric hospitalization
MR. LASLEY talked about group home settings that can provide
individuals and focused groups the care they need. He said this
is why the bill is important; the complex care residential
license type would allow Alaskans to live their best life in the
least restrictive environment.
3:26:15 PM
MS. RICCI picked up the presentation on slide 5, "What Does HB
73 Do?," which read as follows:
HB 73 creates the necessary statutory framework to
allow the Department of Health to license and regulate
a new setting:
Complex Care Residential Homes (CCRHs)
MS. RICCI covered the factors of how CCCRHs would fill a gap in
the care continuum, as shown on slide 6, which depicts a CCRH as
being in the middle of a continuum from that which requires
lower acuity care: foster homes, private residences, assisted
living homes, and home and community based waiver services; and
that which requires higher acuity care: residential psychiatric
treatment centers, inpatient psychiatric hospitals, skilled
nursing facilities, and general acute hospitals. She explained
that the gap exists for people that do not meet the criteria of
having an intellectual and developmental disability diagnosis,
which is critical to them accessing most of the home and
community-based waiver services; further, their needs are not
critical enough to be appropriate to care for them in an in-
patient setting.
MS. RICCI brought focus to slide 7, which showed four steps in
establishing a new residential setting, with HB 73 being the
second step. The four steps are: identify needs and define
scope; create new license type; determine services to be
provided; and establish reimbursement mechanisms.
3:30:08 PM
ROBERT LAWRENCE, MD, Chief Medical Officer, Department of
Health, co-presented HB 73 on behalf of the bill sponsor, House
Rules by request of the governor. He showed a list on slide 8
of those that would benefit from a homelike setting of CCRHs and
mentioned youth ages 8-12, with mental illness with multiple
behavioral health diagnoses; adults with mental health disorders
and other issues; and seniors with dementia, for example.
DR. LAWRENCE brought attention to slide 9, "Key Features of a
CCRH," which read as follows [original punctuation provided]:
CCRHs will offer a new residential care setting in
Alaska.
Fewer than 15 residents
24/7 care from a multi-disciplinary team
More supportive than assisted living homes and less
restrictive than a psychiatric hospital
Specialized monitoring, intervention, and/or treatment
to meet the needs of residents
DR. LAWRENCE turned to slide 10, "Benefits of a CCRH," which
read as follows [original punctuation provided]:
Improves care for Alaskans with complex needs
Adds a license type for home-like settings that offer
care in the most clinically appropriate environment
Allows for service specialization and for specific
requirements to be set forth in regulations
Promotes community safety by offering a new service
setting for individuals with complex behavioral health
needs
3:34:32 PM
MS. RICCI offered a sectional analysis of HB 73, as shown on
slides 11-13, which read as follows [original punctuation
provided]:
Section 1. Amends AS 47.32.010(b) to add "complex care
residential homes" to the list of entities regulated
by the Department of Health.
Section 2. Amends AS 47.32.900(2) to update the
definition of "assisted living home" to exclude
complex care residential homes.
Section 3. Adds AS 47.32.900(11) to modify the
definition of "hospital" to clarify that it does not
include complex care residential homes.
Section 4. Adds AS 47.32.900(22) to introduce a new
definition for "complex care residential home." It is
defined as a residential setting that provides 24-
hour multi-disciplinary care on a continuing basis for
up to 15 individuals with mental, behavioral, medical,
or disability-related needs requiring specialized
care, services and monitoring.
Section 5. Amends the uncodified law by adding a new
section that requires the Department of Health to
submit for approval by the United States Department of
Health and Human Services amendments to the state
Medicaid plan or apply for waivers necessary to
implement the provisions of Sections 1-4.
Section 6. Amends the uncodified law by adding a new
section specifying that sections 1-4 of the bill will
only take effect if the United States Department of
Health and Human Services approves the required
Medicaid waivers or amendments by July 1, 2031. The
commissioner of health is required to notify the
revisor of statutes within 30 days once the necessary
approvals are received.
Section 7. Provides that sections 1-4 take effect the
day after the United States Department of Health and
Human Services approves amendments to the state plan
or waivers submitted under Section 5.
3:36:35 PM
MS. RICCI, in response to Representative Prax, explained that
the vision is for a homelike setting rather than an
institutional one, while allowing for services typically
provided in an institution. Size could change via regulation
based on need. She explained that the cap of 15 individuals has
to do with aligning with federal requirements.
3:40:39 PM
CHAIR MINA announced that HB 73 was held over.
HB 68-ALCOHOL: SALE, WARNING SIGNS
3:40:57 PM
CHAIR MINA announced that the final order of business would be
HOUSE BILL NO. 68, "An Act relating to the sale of alcohol; and
relating to the posting of warning signs for alcoholic
beverages."
3:41:20 PM
REPRESENTATIVE FIELDS, as prime sponsor, presented HB 68.
Briefly touching on points from the sponsor statement [included
in the committee file], he noted that HB 68 mirrors legislation
that was vetoed last year by the governor for having passed "two
minutes after the midnight hour" [of the last day of session].
He said this legislation is broadly supported. It would allow
individuals under the age of 21 to serve alcohol, which has been
requested by restaurants and many in the hospitality industry.
The bill would maintain the warning signs that alcohol can cause
cancer. Further, it would address a license type for the
Alyeska Resort and cut red tape for the Performing Arts Center
in Anchorage, which would loosen restrictions on serving
alcohol. He noted that currently the companion bill, sponsored
by Senator Merrick, is in its third reading on the Senate floor.
3:43:44 PM
EVAN ANDERSON, Staff, Representative Zack Fields, Alaska State
Legislature, on behalf of Representative Fields, prime sponsor,
gave the sectional analysis for HB 68 [included in the committee
file], which read as follows [original punctuation provided]:
Section 1. Amends AS 04.09.210(c) - Restaurant or
eating place license
Allows the board to issue or renew a license if there
is supervision on the premises to ensure that
those under 21 will not obtain alcoholic beverages
except if they are employed per new AS
04.09.049(d).
Section 2. Amends AS 04.09.210(d) - Restaurant or
eating place license
Authorizes the license holder to employ those aged 16
to 21 years but requires adequate
supervision to employees who are 16 or 17 years of
age, so they do not obtain alcoholic
beverages.
Section 3. Amends AS 04.09.250(c) Theater license
Expands the time period in which a theater license
holder may sell or serve alcoholic beverages
in designated areas. Removes intermission language.
Section 4. Amends AS 04.09.360(c) Seasonal
restaurant or eating place tourism license
Allows the board to issue or renew a license if there
is supervision on the premises to ensure that
those under 21 will not obtain alcoholic beverages
except if they are employed per new AS
04.09.049(d).
Section 5. Amends AS 04.09.360(f) Seasonal
restaurant or eating place tourism license
Authorizes the license holder to employ those aged 16
to 21 years but requires adequate
supervision to employees who are 16 or 17 years of
age, so they do not obtain alcoholic
beverages.
Section 6. Amends AS 04.09.450(d) Restaurant
endorsement
Allows the board to issue an endorsement if there is
supervision on the premises to ensure that
those under 21 will not obtain alcoholic beverages
except if they are employed per new AS
04.09.049(d).
Prepared by the Office of Representative Fields 2
Section 7. Amends AS 04.09.450(e) Restaurant
endorsement
Authorizes the license holder to employ those aged 16
to 21 years but requires adequate
supervision to employees who are 16 or 17 years of
age, so they do not obtain alcoholic
beverages.
Section 8. Amends AS 04.16.049(d) Access of persons
under the age of 21 to licensed
premises: Allows those who are aged 18, 19, or 20
employed by a licensee to serve, sell, deliver,
and dispense alcoholic beverages. Adds "and, other
than for the business that offers adult
entertainment" to ensure that adult entertainment
establishments are excluded.
Section 9. Amends AS 04.16.049(h) Access of persons
under the age of 21 to licensed
premises: Allows those under the age of 21 to be
present on the licensed premises of a theater
license holder if the person is at least 16 years of
age; if they are under 16, they must be
accompanied by a person who is at least 21 years of
age, and a parent or legal guardian of the
underaged person consents.
Section 10. Amends AS 04.16.052(a) Furnishing of
alcoholic beverages to persons under
the age of 21 by licensees: Allows licensees or an
agent or employee of the license to allow
another person to sell, barter, or give an alcoholic
beverage to a person under the age of 21 years
only under the provisions in AS 04.16.049(d).
Section 11. Amends 04.21.065(b) Posting of warning
signs
Requires that vendors of alcohol replace their sign
that reads: "WARNING: Drinking alcoholic
beverages such as beer, wine, wine coolers, and
distilled spirits or smoking cigarettes during
pregnancy can cause birth defects." with a new sign
that reads: "WARNING: Alcohol use during
pregnancy can cause birth defects. Alcohol use can
cause cancer, including breast and colon
cancers."
Section 12. Amends 04.21.080 Definitions
Adds paragraph (31) to read "business that offers
adult entertainment" has the meaning given in
AS 23.10.350(f).
Section 13. Repeals AS 04.09.250(d) - Theater license
Repeals the provision that prohibits the sale,
service, and consumption of alcoholic beverages in
the audience viewing area of a theater.
3:47:21 PM
SARAH OATES-HARLOW, President/CEO, Alaska Cabaret, Hotel,
Restaurant, and Retailers Association (CHARR), testifying in
support of HB 68, gave a brief background regarding Alaska CHARR
and the hospitality industry in Alaska, including ongoing
challenges, such as increasing workforce shortages. She noted
that Alaska is one of only three states, along with Utah and
Nevada, that require a person to be 21 years of age or older to
serve alcohol. The industry is experiencing an outmigration of
young workers. She related her choice to remain in the Pacific
Northwest in the hospitality industry rather than returning home
to Alaska because she could make significantly more as a server
out of state, earning six figures Outside. She said HB 68 would
help hundreds of Alaska-owned establishments statewide, and she
requested that the committee support the bill with an immediate
effective date.
3:50:28 PM
DAVID MCCARTHY, Founder/CEO, Northern Hospitality Group, noted
the establishments under the umbrella of the group and suggested
that HB 68 could be a solution to Alaska's labor shortages.
More importantly, he suggested, concerns about [allowing younger
staff to serve alcohol] are already addressed through existing
systems and policies. He assured the committee that no one
under 21 is allowed to consume alcohol on premise. If the bill
were to pass, those 18 to 21 would be educated on the issue. He
posited that hospitality is "a noble career path" and the
service of others is important "to build a healthy and
sustainable community." He offered further details to that
effect. He noted that there are few industries outside of
hospitality that allow for such flexibility and wage potential,
and he reported that one in three start jobs are in the
industry. He concluded by stating his strong support for HB 68.
3:55:00 PM
CODIE COSTELLO, President/COO, Performing Arts Center (PAC);,
General Manager, Broadway Alaska, testified in support of HB 68.
She gave an overview of the offerings of the organizations with
which she is affiliated and the important economic impact of
them. She noted that under the current alcohol license, patrons
may drink alcohol only within the upper lobbies and within a
limited timeframe. The proposed bill would provide an updated
framework for the rules of the license, which would increase
service flexibility. She offered further details. She said
that beyond economic impact, HB 68 would increase operating
revenue that can be funneled back into the theatre, keep the
theatre license in line with national standards, and increases
the quality of patrons' experiences. Further, she said, "it is
a win for local businesses by expanding workforce and for the
art industry and the lively downtown experience we all help to
curate ...."
3:58:16 PM
MR. ANDERSON, in response to a question from Representative Prax
regarding Section 9 of the bill and an individual under 16,
offered his understanding that there are two different things at
play: the responsibility of staff over the age of 21 for
supervising the individual under 16 years of age; and a
requirement that the underage individual already have the
permission of a parent or guardian on file. He added that he
thinks that could be, but wouldn't have to be, the same person.
4:00:50 PM
REPRESENTATIVE GRAY expressed gratitude to the sponsor for
including "my portion of the bill" [from the previous
legislature] in HB 68. He then opined that any information that
can be given regarding the harms of alcohol is a good thing.
4:02:31 PM
CHAIR MINA announced that HB 68 was held over.
4:02:53 PM
ADJOURNMENT
There being no further business before the committee, the House
Health and Social Services Standing Committee meeting was
adjourned at [4:03] p.m.