Legislature(2021 - 2022)BUTROVICH 205
03/30/2021 01:30 PM Senate HEALTH & SOCIAL SERVICES
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| Audio | Topic |
|---|---|
| Start | |
| SB92 | |
| SB89 | |
| SB98 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 92 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | SB 89 | TELECONFERENCED | |
| += | SB 98 | TELECONFERENCED | |
SB 89-ASSISTED LIVING HOMES: HOUSE RULES
1:49:17 PM
CHAIR WILSON announced the consideration of SENATE BILL NO. 89
"An Act relating to house rules for assisted living homes."
1:49:50 PM
SENATOR BEGICH recollected asking a question about the revisor
instruction on page 3 lines 23-26, that related to the executive
order. He recalled being told there might be an executive order
coming forward to split the department. He said the deadline
passed but he wants confirmation that the committee agreed to
leave the revisor's instruction in the bill in the event an
executive order is moved forward at some point as the bill goes
through the process.
1:50:35 PM
SENATOR HUGHES stated that in the event another executive order
is issued, prior to gaveling in for the Second Regular Session
of the Thirty Second Legislature, the revisor's instruction
would take care of it. The revisor's instruction should be left
in the bill for that reason.
SENATOR BEGICH commented that line 24 says the First Regular
Session
SENATOR HUGHES explained the First Regular Session would cover
until the legislature gavels in. As an example, she stated that
if another executive order is issued in October, then the
revisor's instruction would take care of it or even a special
session within a session.
SENATOR BEGICH responded it would not cover a special session
because it is only for the First Regular Session. He said it is
not an issue and may be removed later in the process.
1:51:39 PM
SENATOR REINBOLD requested someone from Health and Social
Services define 'unreasonably' as found in Section 2 line 8, "An
assisted living home may not adopt a house rule that
unreasonably restricts a right of a resident... ." She stated
the word is obviously debatable and could be a point of
contention in the future.
1:52:03 PM
CHAIR WILSON asked Mr. Lee to answer.
1:52:15 PM
JOHN LEE, Director, Division of Senior and Disabilities
Services, Department of Health and Social Services (DHSS),
Palmer, Alaska, stated SB 89 attempts to align with 42 CFR (Code
of Federal Regulations). Forty-two CFR is very specific about
residents having a right to visitors of their choosing, at the
time of their choosing. Any rules limiting the individuals
ability to have visitors would be a violation. Mr. Lee deferred
to Craig Baxter for further comment.
1:53:16 PM
CRAIG BAXTER, Program Manager, Residential Licensing, Health
Care Services, DHSS, Anchorage, Alaska, stated that as a
licensing agency, to demonstrate reasonableness, it is standard
practice to have a facility put the rational for an unreasonable
house rule restriction into a residents care plan. A treatment
team, consisting of a guardian, care coordinator and, if
necessary, a behavioral health provider and/or physician, must
sign off on any rule restrictions that impact an individual.
1:54:03 PM
CHAIR WILSON found no further questions or comments and asked
for a motion.
1:54:08 PM
SENATOR HUGHES moved to report SB 89, work order 32-GS1675\A,
from committee with individual recommendations and attached
fiscal note(s).
CHAIR WILSON found no objection and SB 89 was reported from the
Senate Health and Social Services Standing Committee.
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