02/28/2001 01:39 PM Senate HES

         SB 112-LONG-TERM CARE OMBUDSMAN;MENTAL HLTH AUTH                                                                   
                                                                                                                                
MR. HANS NEIDIG, staff  to Senator Lyda Green, explained that SB 112                                                            
would place the  employees of the AMHTA in the exempt  service while                                                            
establishing  a minimum  salary for  the long  term care  ombudsman.                                                            
Currently, The executive  director position is partially exempt, the                                                            
financial  officer is  fully exempt,  and four  other employees  are                                                            
partially exempt.  SB 112  would make all partially exempt positions                                                            
fully exempt.  SB 112 was  introduced at the request of the AMHTA to                                                            
address concerns  about its  ability to run  efficiently as  a state                                                            
corporation.   In addition, this legislation  establishes  a minimum                                                            
salary  for the  long  term care  ombudsman  at a  range  21.   That                                                            
position is currently a range 20.                                                                                               
                                                                                                                                
MR. JEFF  JESSE, Executive  Director of the  AMHTA, stated  the bill                                                            
contains two  parts.  The first part  pertains to the exempt  status                                                            
of the  current  AMHTA employees.   The  AMHTA outfit  is small;  it                                                            
needs to be able  to retain the employees who are  doing a good job.                                                            
On the other  hand, it cannot  afford to hold  on to people  who are                                                            
not able to meet  its level of fiduciary responsibility  so it needs                                                            
more flexibility  to manage.  He looked at other state  corporations                                                            
with  a similar  structure and  their employees  are  in the  exempt                                                            
service.  Regarding the  long term care ombudsman, the Governor, via                                                            
an   executive   order,    transferred   the   responsibility    for                                                            
administering  the office of the long term care ombudsman  to AMHTA.                                                            
The trustees  were willing  to take  on that  responsibility  on the                                                            
condition that  they could look at  how the office was functioning.                                                             
The ombudsman was paid  at a range 20, which is a lower to mid-level                                                            
manager  range, yet  this  person is  responsible  for wielding  the                                                            
power of subpoena  over confidential  records and to bring  lawsuits                                                            
if  necessary.    AMHTA wants  some  flexibility  to  look  for  the                                                            
qualifications   needed  to  make  that  office  successful   so  it                                                            
suggested  a minimum salary  of a  range 21.   Any additional  costs                                                            
will be absorbed by reorganizing AMHTA's existing budget.                                                                       
                                                                                                                                
There being  no further questions  or testimony, SENATOR  WARD moved                                                            
SB 112  out of  committee with  individual recommendations  and  its                                                            
zero fiscal note.  There being no objection, the motion carried.