Legislature(2001 - 2002)
04/17/2001 03:02 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 124-NURS.HOME/ASSISTED LIV. EMPLOYEES/VISITOR CHAIR DYSON announced that the last item of business would be HOUSE BILL NO. 124, "An Act prohibiting nursing facilities and assisted living homes from employing or allowing access by persons with certain criminal backgrounds, with exceptions." KEVIN HAND, Staff to Representative Andrew Halcro, Alaska State Legislature, came forth on behalf of the sponsor of HB 124. He noted that the most current committee substitute (CS) draft is Version P. He explained that HB 124 is a barrier-crime piece of legislation that was brought about in part because of a legislative audit, which mentioned that the Pioneers' Home employs several sex offenders. Version P removes a number of contentious points that were raised by various parties. For example, contract workers, non-employees, and volunteers would be removed from being subject to a background check. It also removes crimes in which the victim was a resident [of a nursing home] from the background check requirement TAPE 01-45, SIDE A MR. HAND continued, stating that [Version P] adds Section 2 on page 3, line 11, which reads, "(d) A nursing facility administrator shall provide safeguards to ensure that contractors, volunteers, and other persons entering the nursing facility do not abuse, neglect, or exploit a resident of the facility." He added that this has a mirror section for assisted living facilities later in the bill. Number 0101 REPRESENTATIVE WILSON asked if the concern about facilities where the owner lives in the same household was taken care of. MR. HAND answered that it has been addressed by a slight change; however, there is not a total agreement on it. Part of it is because it is under a receivership clause in the latter part of the bill. From the standpoint of the administration, it wouldn't be people taking physical possession of the home; it would just be administration of the services of those residents. The other option would be that those people are just kicked out in the street because the government would be forced to either shut it down or take it over, the alternative being that someone would come in on a daily basis and run the home. CHAIR DYSON stated that in the last hearing of this bill he had a question concerning what should be done with a new hire that just "got off the boat," since there would be no instantaneous criminal check. He asked if this was addressed in the current revisions. MR. HAND responded that it was point that was discussed at length regarding how in-state workers would have some background information available with nursing home administrators in assisted living home facilities. [The administrators] were all in agreement that that point would make it completely unworkable, and they would all voice opposition if that portion were included. Number 0317 REPRESENTATIVE CISSNA remarked that she has recently learned that personnel in a few of the nursing homes in her area [Anchorage] make trips to foreign countries to get staff, because there is such a shortage. She asked what is done in situations like that and if there is any kind of reciprocal information exchange with foreign countries. MR. HAND replied that as for the person's background and criminal history, that question may be better suited for licensing. He added that these people are subject to the same background checks; however, the availability of that information would seemingly be difficult, although it is ascertainable. CHAIR DYSON asked where the bill is going next. MR.HAND stated that it is going to [the House Finance Committee]. He explained that it is actually referred to [the House Judiciary Standing Committee] next; however, the chairman has waived it in lieu of a new House finance Committee referral. CHAIR DYSON asked Mr. Hand how he would feel about adding on page 3, line 13, after "volunteers," "new hires from out of state or out of country,". He stated that this establishes the duty of the administrator to take care of it. MR. HAND responded that he sees no [problem with adding that language]. REPRESENTATIVE CISSNA remarked that she thinks this is worth investigating. She stated that she has heard some folks who have relatives in nursing homes say that when they looked for nursing homes they discovered that the people who appeared to be most concerned about the elderly were in fact from other countries. ELMER LINDSTROM, Special Assistant, Office of the Commissioner, Department of Health & Social Services, remarked that there is parallel language relative to assisted living [homes] beginning on page 5, line 31. He stated that he does not think that this would be a meaningless amendment. The licensing agency would go into a nursing home or an assisted living home and will want to see concrete evidence of policy procedures that have been put in place to implement that section. Number 0740 REPRESENTATIVE CISSNA made a motion to adopt Conceptual Amendment 1, adding, after "volunteers," on page 3, line 13, and on page 6, line 1, "new hires from out of state and out of country,". REPRESENTATIVE COGHILL made a motion to adopt the proposed CS for HB 124, version 22-LS008\P, Lauterbach, 4/5/01. There being no objection, Version P was before the committee. REPRESENTATIVE CISSNA repeated her motion to adopt Conceptual Amendment 1. There being no objection, Conceptual Amendment 1 was adopted. Number 0890 REPRESENTATIVE COGHILL referred to the emergency involuntary termination of contract on page 8, which states, "with less than 30 days' notice". He asked if the less than 30 days could mean immediately, for example, if somebody becomes violent. MR. HAND responded that it is not necessarily immediate. He stated that this deals with the termination of a contract. If someone were to grow violent in a home, he or she could be removed immediately. The home could then move forward with terminating the person's contract, which could take [as little as] 72 hours. REPRESENTATIVE COGHILL asked if the receivership of the assisted living home, referenced on page 12, Section 15, has been run by the assisted living home organization. MR. HAND answered that it has been a point of extensive discussion; however, not everyone agrees with how it has been written. Number 1049 ALISON ELGEE, Deputy Commissioner, Office of the Commissioner, Department of Administration, came forth and stated that the receivership provision is a very last recourse and would only be used if there were no other alternatives. One of the things heard from some of the assisted living administrators is that maybe it could be limited from a size standpoint. However, this is a situation in which there is not any other capacity in the community to deal with a long-term care situation. She stated that the first choice, if there were problems with the home, would be to relocate the residents from the home into another environment and not to take over the operation of the home itself. She added that if there is a small home in a community where that is the only home, this may take a little longer than if it were a home in a community with a variety of alternatives. She remarked that this provides some protection to the administrators of these assisted living homes, because it brings a neutral third party into it. The licensing agency would have to go to court to demonstrate that it has exhausted every other possibility in terms of remedying the problems of the assisted living home operations. Number 1138 REPRESENTATIVE COGHILL made a motion to move the CS for HB 124, 22-LS0087\P, Lauterbach, 4/5/01, as amended, from committee with individual recommendations and the attached zero fiscal note. There being no objection, CSHB 124(HES) moved from the House Health, Education and Social Services Standing Committee.
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