Legislature(1999 - 2000)
02/22/2000 03:36 PM House HES
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HB 302 - DISCLOSURE OF PUBLIC ASSISTANCE INFO Number 0008 CHAIRMAN DYSON announced the first order of business as House Bill No. 302, "An Act relating to disclosure of public assistance information to report suspected abuse or neglect of children or vulnerable adults." Number 0012 ELMER LINDSTROM, Special Assistant, Office of the Commissioner, Department of Health & Social Services (DHSS), came forward to present HB 302. He stated that HB 302 is a simple bill trying to solve a simple problem. Prior to federal welfare reform, it was clear under federal law that employees who do the eligibility determinations in the Division of Public Assistance had to report when they had probable cause or good reason to believe that there had been abuse of either a child or a vulnerable adult. MR. LINDSTROM said he doesn't believe that was a frequent experience, but on occasion it would come up in the course of their duties. The public assistance employees are not part of the child protection system or the adult protective services system. The language disappeared under federal law that replaced the AFDC program. Because of confidentiality laws related to their duties in public assistance, information about who is on public assistance is not public information. In the absence of that previous federal law, which said "you shall report if you come to believe there has been abuse," public assistance employees are getting a mixed message. MR. LINDSTROM explained that HB 302 removes that ambiguity and makes it clear that public assistance employees should, if they have good cause to suspect abuse, report that abuse both to the child protection system and to adult protective services. He stated the DHSS provided a zero fiscal note, and there is either a zero or indeterminate fiscal note from adult protective services. Number 0205 REPRESENTATIVE GREEN asked Mr. Lindstrom if it would accomplish the same thing to put the public assistance employees with all the other persons required to report in AS 47.17.020 or AS 47.17.010. MR. LINDSTROM agreed that would be possible, but the DHSS prefers this approach. He noted that most of the people on the list are external to state government. It is more appropriate to make that exemption to the public assistance confidentiality rule right within the public assistance statute. MR. LINDSTROM mentioned he did meet with Representative Green's staff and understands there was a concern about the mandatory aspect. He believes that could be accomplished simply on page 1, line 5 of the bill. The suggested change would read: (d) Notwithstanding (a) of this section, the department, an employee of the department, or a staff employee of a departmental contractor or grantee shall disclose information concerning ... MR. LINDSTROM acknowledged that the Department of Law agrees that is superior language. Number 0589 DWIGHT BECKER, Protective Services Coordinator, Division of Senior Services, Department of Administration, testified via teleconference from Anchorage. He expressed support for HB 320. It may bring more reports of harm to the division. Many of the people who are vulnerable are on public assistance. Public assistance is one way he feels the division would be able to reach that vulnerable population. REPRESENTATIVE WHITAKER asked Mr. Lindstrom what are the fail- safes for possible abuse between the public assistance employee and the person applying for assistance. He wondered what would protect that individual from false allegations. Number 0754 MR. LINDSTROM stated in this case, the best assurance he can give is simply the fact prior to 1995, when federal welfare reform passed, this in fact was the law of the land. There was a requirement on the public assistance employees to report. In his seven years plus with DHSS, he has never seen or heard of a complaint where the genesis of it was the public assistance employee. He believes the track record speaks for itself. He has never heard of that being an issue. These employees are subject to the department's rules and policies and discipline. REPRESENTATIVE WHITAKER asked for an estimate of the number of appropriate actions of those who are going to report incidents of this nature. MR. LINDSTROM mentioned he thought there might need to be a fiscal note on the bill in case reports had to be made, but he heard back from the Division of Public Assistance that while this is not unheard of, it is insignificant and the division has not even kept statistics on the number of times it has occurred. CHAIRMAN DYSON asked if there is a report of neglect or harm on a vulnerable adult, does that follow the pattern of a child who goes before a magistrate or court to take custody of that adult. MR. BECKER confirmed that Adult Protective Services would conduct an investigation at a preliminary assessment of the situation to see if in fact the adult was in need of a guardian. They would assess if the adult was deficient in mental capacity to make his/her own decision. If that were the case, they would make a recommendation that a neurological examination be conducted. The most important thing is they want to protect the individuals rights to remain in the community to remain free and make their own decisions. They take a very conservative approach to this and only recommend that the petition be filed when it is absolutely necessary for the individual's own protection. CHAIRMAN DYSON asked Mr. Becker at what point to they have to go before a judge to proceed in this process. MR. BECKER said they work with the attorney general first in preparing the petition. Once a petition is filed, a hearing is set and that is when they would go before a judge. If it is an emergency hearing, they would go before the judge within 72 hours, otherwise it is usually about two month. CHAIRMAN DYSON said he assumed that vulnerable adults are provided with representation. MR. BECKER replied absolutely. They are provided with an attorney to represent them. Number 1060 REPRESENTATIVE BRICE asked Mr. Lindstrom if it was a concern that parents might not file for public assistance if they thought they would be reported for abuse. MR. LINDSTROM noted that wasn't something that came up. REPRESENTATIVE COGHILL asked what is the accountability if there is a misuse of the reporting. MR. LINDSTROM indicated that the report of harms goes to the agency that is then charged with the investigation. The public assistance employee is simply making a report of suspected harm. The accountability historically lies with the agency doing the investigation. Number 1175 REPRESENTATIVE BRICE made a motion to adopt Amendment 1 which read: (d) Notwithstanding (a) of this section, the department, an employee of the department, or a staff employee of a departmental contractor or grantee shall ... CHAIRMAN DYSON asked whether there was any objection. There being none, Amendment 1 was adopted. Number 1216 REPRESENTATIVE BRICE made a motion to move HB 302, as amended, out of committee with individual recommendations and accompanying fiscal note. There being no objection, CSHB 302(HES) moved from the House Health, Education and Social Services Committee. The committee took an at-ease from 3:56-3:59 p.m.
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