03/21/2012 01:30 PM Senate HEALTH & SOCIAL SERVICES

        SB  55-MENTAL HEALTH PATIENT RIGHTS & GRIEVANCES                                                                    
                                                                                                                                
3:00:14 PM                                                                                                                    
CHAIR DAVIS  announced that SB  55 was before the  committee. She                                                               
related that  the committee  has already heard  the bill  and she                                                               
wished to move it on to the next committee of referral.                                                                         
                                                                                                                                
SENATOR  EGAN moved  to  adopt  the CS  for  SB  55, labeled  27-                                                               
LS0082\R, as the working draft before the committee.                                                                            
                                                                                                                                
CHAIR DAVIS objected for discussion purposes.                                                                                   
                                                                                                                                
3:01:44 PM                                                                                                                    
THOMAS OBERMEYER, Staff, Senator Bettye  Davis, sponsor of SB 55,                                                               
explained the  changes in the bill.   Section 1 of  the bill adds                                                               
eight rights  to the list  of rights  of the person  undergoing a                                                               
mental health evaluation. This  change accommodates requests made                                                               
by  the  Department of  Health  and  Social Services  (DHSS)  and                                                               
others.                                                                                                                         
                                                                                                                                
Section  2  establishes the  grievance  procedure  that had  been                                                               
described before,  but now more carefully  defines "grievance" to                                                               
mean  "a complaint  concerning the  patient's  treatment care  or                                                               
rights at  a mental  health evaluation  or treatment  facility in                                                               
the state."  It includes that  the imposition of  attorney's fees                                                               
on the grievant would inflict undue hardship.                                                                                   
                                                                                                                                
Section 3  requires that  DHSS provide  a standardized  notice to                                                               
patients  that  separately  describes patient  rights,  available                                                               
assistance, and  the grievance procedure,  and provide  a written                                                               
copy.                                                                                                                           
                                                                                                                                
Section  4 provides  that the  presumption in  Section 2  has the                                                               
effect of changing Rule 82, Alaska Rules of Civil Procedure.                                                                    
                                                                                                                                
Section 5 provides a conditional  effect of the presumption added                                                               
in  Section  2 that  it  would  take  effect  only if  Section  4                                                               
receives  a two-thirds  majority  vote of  each  house. Only  one                                                               
section would require a two-thirds vote  and that is if the court                                                               
rules regarding attorney's fees were changed.                                                                                   
                                                                                                                                
CHAIR DAVIS  noted the changes  made were  at the request  of the                                                               
committee at a previous meeting.                                                                                                
                                                                                                                                
CHAIR DAVIS asked  for a motion to move the  bill from committee.                                                               
[The assumption  was that the  objection for  discussion purposes                                                               
was removed.]                                                                                                                   
                                                                                                                                
SENATOR EGAN  moved to report the  CS for SB 55,  version R, from                                                               
committee  with individual  recommendations and  the accompanying                                                               
fiscal  notes.  There  being  no   objection,  CSSB  55(HSS)  was                                                               
reported  from the  Senate Health  and  Social Services  Standing                                                               
Committee.