04/06/1999 06:04 PM Senate FIN

                                                                                                                                
CS FOR SENATE BILL NO. 57(JUD)                                                                                                  
"An Act relating to vulnerable adults and to the                                                                                
functions of the office of the state long term care                                                                             
ombudsman on behalf of vulnerable adults and senior                                                                             
citizens; and providing for an effective date."                                                                                 
                                                                                                                                
This was the first hearing on this bill.                                                                                        
                                                                                                                                
Senator Gary Wilken spoke to the bill. He shared with the                                                                       
committee that the Long Term Care Task Force met over the                                                                       
interim and came forward with 31 specific recommendations                                                                       
regarding long term care. Some of those recommendations                                                                         
were now contained in proposed legislation.  This bill was                                                                      
one of those.                                                                                                                   
                                                                                                                                
SB 57 had to do with vulnerable adults and in expanding the                                                                     
powers of the state to intervene on behalf of vulnerable                                                                        
adults should the Administration believe that they were                                                                         
being taken advantage of financially, mentally or other                                                                         
ways by their caregivers. The caregivers could be families,                                                                     
facilities or anyone who took advantage of the adults                                                                           
suffering diminished capacity.                                                                                                  
                                                                                                                                
He noted that this bill was in the Senate Finance Committee                                                                     
because of an amendment made in the Senate Health and                                                                           
Social Services Committee. That amendment would be removed                                                                      
the next time the bill was heard by the full SFC. He                                                                            
suggested that the committee might not wish to spend much                                                                       
time on it since there would be a zero fiscal note.                                                                             
                                                                                                                                
There were people present wishing to testify to the bill.                                                                       
Senator Gary Wilken wanted them to also be allowed to                                                                           
testify to a proposed amendment.                                                                                                
                                                                                                                                
Senator Gary Wilken moved for adoption of Amendment #1. Co-                                                                     
Chair John Torgerson objected for explanation. Senator Gary                                                                     
Wilken spoke to his amendment saying it better defined the                                                                      
word "abuse." It would make it easier for people using the                                                                      
legislation.  It was offered at the recommendation of care                                                                      
providers and the department. He explained deletions to the                                                                     
bill he anticipated Senator Lyda Green would propose.                                                                           
                                                                                                                                
Senator Al Adams asked about the transfer of long term care                                                                     
to the Ombudsman Program.  Senator Gary Wilken replied that                                                                     
was inserted at the request of Senator Lyda Green. She                                                                          
intended to remove it in this committee.                                                                                        
                                                                                                                                
Co-Chair John Torgerson noted that the committee was not                                                                        
connected to the teleconference system due to the House                                                                         
Finance Committee's budget meetings.  There were no                                                                             
telephone lines available.  Therefore, he intended to hold                                                                      
all three of the bills to allow for later public testimony.                                                                     
                                                                                                                                
Senator Gary Wilken referred the committee to written                                                                           
testimony submitted by Dwight Becker, Program Coordinator,                                                                      
Adult Protective Services, Division of Senior Services,                                                                         
Department of Administration.                                                                                                   
                                                                                                                                
He concluded by saying that this bill was in direct                                                                             
response to Recommendation #7 in the Long-Term Care Task                                                                        
Force report.                                                                                                                   
                                                                                                                                
There was no objection to the motion to adopt Amendment #1                                                                      
and it was so ordered.                                                                                                          
                                                                                                                                
ALISON ELGEE, Deputy Commissioner, Department of                                                                                
Administration, testified in support to the bill. She said                                                                      
the department had discovered in trying to manage adult                                                                         
protective services on behalf of the state, that there was                                                                      
a loophole in current law. That was for situations where a                                                                      
surrogate decision-maker or guardian was suspected of being                                                                     
the perpetrator of the abuse, neglect or exploitation of                                                                        
the vulnerable adult. Current statute provided that "at the                                                                     
request of the vulnerable adult or of the surrogate                                                                             
decision-maker, the department would suspend an                                                                                 
investigation."                                                                                                                 
                                                                                                                                
She said the department was pleased at the recommendations                                                                      
of the long-term care task force and felt it would better                                                                       
protect these adults.                                                                                                           
                                                                                                                                
Co-Chair John Torgerson ordered the bill held in committee.