Legislature(1999 - 2000)
04/17/2000 02:05 PM House FIN
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
SENATE BILL NO. 204
"An Act extending the termination date of the Alaska
Commission on Aging; and providing for an effective
date."
SHARON CLARK, STAFF, SENATOR MILLER testified in support of
SB 204, on behalf of the sponsor Senator Leman. She observed
that SB 204 extends the termination date of the Alaska
Commission on Aging. The Alaska Commission on Aging was
first established as a single Planning and Service Area
(PSA) in the Department of Administration, Older Alaskans
Commission, July of 1981 under AS 44.21. As a PSA, the
Commission is the only agency in the state that plans,
funds, and oversees services to seniors statewide. The
Commission's name was changed to the Alaska Commission on
Aging in 1994, (Chapter 131,SLA 1994).
The Commission is authorized to administer and coordinate
state programs for older Alaskans and to administer federal
programs provided under the Older Americans Act, 42 U.S.
Code 300 1-30451, as amended. The provisions of AS 44.21 and
the Older Americans Act establish the Commission's
authority, purpose, and scope of work.
Ms. Clark observed that a special report on the
Department of Administration, Alaska Commission on Aging
(ACA) by the Legislative Budget and Audit Committee,
September 17, 1999 concluded that the expiration date of ACA
should be extended.
Ms. Clark maintained that the ACA has demonstrated that
there is a public need for this commission. According to AS
44.66.010, the Commission is scheduled to expire June,
30,2000. The legislation would extend ACA's expiration date
to June 30,2004.
Ms. Clark noted that the legislation was amended (in the
House HESS committee). She noted that the amendment
separated the Long-Term Care Ombudsman's office from the
Department of Administration and put it in a separate
entity. The sponsor does not oppose the amendment. She noted
that Senator Green expressed concerns, in the Senate Finance
Committee, that the Office of the Long-Term Care Ombudsman
would be under the Department of Administration.
Representative Phillips questioned if there was testimony on
the feasibility of merging the two ombudsman offices. Ms.
Clark stated that there had been discussions with the
sponsor. The issue was not discussed in Committee.
Representative Grussendorf questioned if the Department of
Administration testified on the amendment.
Representative Phillips expressed concern with the amendment
adopted in the House HESS committee. She noted that the
Legislative Council has been downsizing the Office of the
Ombudsman. She noted that the Legislative Council did not
discuss the amendment. Co-Chair Therriault pointed out that
Senator Miller is the chairman of the Legislative Council.
Co-Chair Mulder noted that the Office of Long-Term Care
Ombudsman is federally funded.
JERRY BURNETT, STAFF, SENATOR GREEN provided information on
the amendment adopted in the House HESS Committee. He noted
that Representative Dyson offered the amendment on behalf of
Senator Green. He observed that the Office of the Long-Term
Care Ombudsman would be separate from the legislative
ombudsman.
Co-Chair Therriault read from a letter by Representative
Dyson:
It is not possible for the Director of the Commission
on Aging to neutrally monitor the Long Term Care
Ombudsman who may be investigating actions of that
Director, his/her employees, and colleagues within the
Department of Administration.
Mr. Burnett clarified that there would be two ombudsman
offices with separate staffs. He observed that the Long-Term
Care Ombudsman has a distinct function and that the funding
come from the Older Americans Act. He pointed out that the
provision was discussed with the Department of
Administration, the Executive Director of Legislative
Affairs Agency and the chairman of the Legislative Council.
Representative Grussendorf asked for the Department of
Administration's position on the merger.
JANE DEMINERT, EXECUTIVE DIRECTOR, ALASKA COMMISSION ON
AGING, DEPARTMENT OF ADMINISTRATION provided information on
the legislation. She noted that the Commission has been in
existence for many years. The Commission is a grant-making
agency and has been involved in educational issues affecting
older Alaskans. The Commission is also involved in the
operation of the Office of Long-Term Care Ombudsman. The
Older American's Act provides that each state shall have a
Long-Term Care Ombudsman. The Long-Term Care Ombudsman is an
advocate for people in long-term care and conducts
investigations regarding the quality of care or allegations
of abuse and neglect.
Ms. Deminert observed that there are different
organizational structures to conduct the function. The
Commission has done an extensive amount of structuring in
its by laws to accommodate the function. She acknowledged
that there are several viable models to conduct the
function. If the function were transferred it would maintain
its current staff: one paralegal II and a clerk. The office
would continue to be in Anchorage. She did not know if it
would be physically relocated. There would not be a
significant change in the way the office is operated. A
reimbursable services agreement would occur for the on-going
operation of the office. She observed that the Commission is
closing in on the final stage for a long-term care
ombudsman. She recommended that their search be halted if
the legislation goes forward. The position is currently a
range 20 within the state personnel system. She acknowledged
that the position would also be effective under the
Legislative Budget and Audit Committee.
Representative Grussendorf observed that the change was not
requested by the Commission and questioned where the office
would be most effective. Ms. Deminert affirmed that it is a
new development, but noted that it was discussed in the
previous session. She added that the function is distinct
from the traditional governmental ombudsman. She felt that
there would be a learning curve and investment would need to
be made by the new oversight group.
ALISON ELGEE, DEPUTY COMMISSIONER, DEPARTMENT OF
ADMINISTRATION provided information on the legislation. The
LBA audit pointed out that housing of the position in the
Department of Administration could be perceived as a
conflict of interest. The Commission could not find an
entity that would voluntarily accept placement of the
office. The Commission adopted bylaws to exclude those on
the Commission that have association with pioneer home
programs from direct oversight of the ombudsman. She
reiterated that there would be a heavy learning curve with
transfer of the function, but added that the department
understands the perceived conflict of interest and would be
happy to see the function externally located.
Vice Chair Bunde spoke in support of the legislation and
noted that concerned constituents have contacted him.
Co-Chair Therriault questioned if the Legislative Council
membership supported the move.
Ms. Clark did not believe that discussions occurred with the
current Council. Discussions did occur with the previous
chair, Senator Miller. Senator Miller did not express
objections.
MARIE DARLIN, AARP, JUNEAU testified in support of the
legislation and extension of the Commission on Aging.
HB 204 was heard and HELD in Committee for further
consideration.
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