04/12/2017 01:30 PM Senate FINANCE

SENATE BILL NO. 83                                                                                                            
                                                                                                                                
     "An Act relating to the protection of vulnerable                                                                           
    adults and residents of long term care facilities."                                                                         
                                                                                                                                
1:52:01 PM                                                                                                                    
                                                                                                                                
JEFF  JESSEE,  LEGISLATIVE  LIAISON,   ALASKA  MENTAL  HEALTH                                                                   
TRUST, introduced himself.                                                                                                      
                                                                                                                                
TERESA  HOLT, OMBUDSMAN,  STATE  LONG  TERM CARE,  introduced                                                                   
herself.                                                                                                                        
                                                                                                                                
Mr. Jessee  announced that  he accepted  a new position  with                                                                   
the University of Alaska.                                                                                                       
                                                                                                                                
Vice-Chair Bishop thanked Mr. Jessee for his service.                                                                           
                                                                                                                                
Senator von Imhof thanked Mr. Jessee for his service.                                                                           
                                                                                                                                
Co-Chair  MacKinnon thanked  Mr.  Jessee for  his service  in                                                                   
the Alaska Mental Health Trust Authority (AMHTA).                                                                               
                                                                                                                                
Senator  Hughes expressed  her gratitude  and shared  a story                                                                   
of Mr. Jessee.                                                                                                                  
                                                                                                                                
Senator Micciche thanked Mr. Jessee for his service.                                                                            
                                                                                                                                
Mr.  Jessee stated  that  the Office  of  the Long-term  Care                                                                   
Ombudsman was  under the AMHTA  jurisdiction. He  stated that                                                                   
the previous  location  of the  office also  ran some  of the                                                                   
long-term  care facilities  that the office  was supposed  to                                                                   
oversee and  handle complaints. He  shared that the  bill was                                                                   
prompted by  some required changes  at the federal  level. He                                                                   
felt that  the changes  were good  policy, regardless  of the                                                                   
federal requirement.                                                                                                            
                                                                                                                                
2:00:30 PM                                                                                                                    
                                                                                                                                
Ms. Holt announced  that the bill would amend  the provisions                                                                   
of AS 47.62  for the Office of the Long-term  Care Ombudsman;                                                                   
and AS  47.24 for  the Protection  of Vulnerable Adults.  The                                                                   
legislation  would  insure  the   alignment  with  the  Older                                                                   
Americans   Act  and   its  implementing   regulations.   She                                                                   
announced  that   in  2016,  the  Older  Americans   Act  was                                                                   
reauthorized,  and  new regulations  for  the  Office of  the                                                                   
Long-term  Care  Ombudsman were  created.  As  a result,  the                                                                   
Administration  for Community Living  reviewed all  states to                                                                   
ensure compliance with the changes.                                                                                             
                                                                                                                                
Vice-Chair Bishop asked that Ms. Holt identify herself.                                                                         
                                                                                                                                
Ms. Holt introduced herself.                                                                                                    
                                                                                                                                
Ms.  Holt  stated  that  the  review  identified  two  Alaska                                                                   
statutes that  were identified as  out of alignment  with the                                                                   
Older Americans  Act and  the new  regulations. She  believed                                                                   
that, regardless  of the  federal oversight, the  legislation                                                                   
provided good changes  for the program. The  bill would align                                                                   
state  statutes  with  federal statutes  and  regulations  to                                                                   
ensure  the  Office  of the  Long-term  Care  Ombudsman  only                                                                   
shares  resident   information  with  informed   consent;  to                                                                   
ensure  the Office  of  the  Long-term Care  Ombudsman  could                                                                   
obtain  records  to investigate  and  make referrals  when  a                                                                   
resident  was   unable  to  provide  informed   consent;  and                                                                   
provided    new    terms   for    resident    and    resident                                                                   
representative.  She explained  that,  due to  a conflict  of                                                                   
interest, the  legislation removed  the option for  mandatory                                                                   
reporters to  meet reporting  requirements by submitting  the                                                                   
report to  the Office  of the  Long-term Care Ombudsman.  The                                                                   
legislation clarified  a separation in the role  of the Long-                                                                   
term  Care  Ombudsman  from  the  Department  of  Health  and                                                                   
Social Services.  The legislation  clarified that  the Office                                                                   
of  the Long-term  Care Ombudsman  may  serve individuals  in                                                                   
long-term care who were under the age of sixty.                                                                                 
                                                                                                                                
Co-Chair MacKinnon  wondered whether  the committee  wanted a                                                                   
walk-though of the Sectional Analysis.                                                                                          
                                                                                                                                
Senator von Imhof felt that the bill was straightforward.                                                                       
                                                                                                                                
Co-Chair  MacKinnon  wondered   whether  the  bill  had  gone                                                                   
through  the Senate  Judiciary  Committee.  Ms. Holt  replied                                                                   
that it did not.                                                                                                                
                                                                                                                                
Co-Chair MacKinnon CLOSED public testimony.                                                                                     
                                                                                                                                
Co-Chair   MacKinnon   announced    that   there   department                                                                   
representatives available for questions.                                                                                        
                                                                                                                                
Vice-Chair  Bishop discussed  the two  zero fiscal notes:  FN                                                                   
2(REV) and FN 1(DHS).                                                                                                           
                                                                                                                                
Co-Chair  MacKinnon announced  that amendments  were due  the                                                                   
following day by noon.                                                                                                          
                                                                                                                                
SB  83   was  HEARD  and   HELD  in  committee   for  further                                                                   
consideration.