Legislature(2013 - 2014)CAPITOL 106

02/18/2014 03:00 PM House HEALTH & SOCIAL SERVICES


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03:04:47 PM Start
03:05:59 PM HB214
04:16:50 PM Presentation: American Cancer Society Cancer Action Network
04:52:57 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 214 MENTAL HEALTH PATIENT RIGHTS & GRIEVANCES TELECONFERENCED
Heard & Held
+ Presentation: American Cancer Society Cancer TELECONFERENCED
Action Network
+ Bills Previously Heard/Scheduled TELECONFERENCED
        HB 214-MENTAL HEALTH PATIENT RIGHTS & GRIEVANCES                                                                    
                                                                                                                                
3:05:59 PM                                                                                                                    
                                                                                                                                
CHAIR HIGGINS  announced that the  first order of  business would                                                               
be HOUSE BILL NO. 214, "An  Act relating to mental health patient                                                               
rights, notifications, and grievance procedures."                                                                               
                                                                                                                                
[Chair Higgins passed the gavel to Vice Chair Keller.]                                                                          
                                                                                                                                
REPRESENTATIVE  HIGGINS, as  the  sponsor of  the proposed  bill,                                                               
read from the sponsor statement:                                                                                                
     HB 214 amends the mental health grievance procedure                                                                        
     provided under AS 47.30.847.  This bill governs due                                                                        
     process and grievance procedures in all state and                                                                          
     private mental health hospitals, clinics, and units                                                                        
     which receive public funds.  Prompted by the 8,000 to                                                                      
     10,000 admissions to mental health facilities and                                                                          
     units in Alaska each year, this bill requires:                                                                             
                                                                                                                                
   1. Adequate notice                                                                                                           
   2. Standardized forms                                                                                                        
   3. Advocate assistance                                                                                                       
   4. Rapid written administrative response                                                                                     
   5. Right to appeal                                                                                                           
   6. Telephonic access to a state monitored call center to                                                                     
     lodge a complaint immediately.                                                                                             
                                                                                                                                
     Mental health patients are among the most vulnerable                                                                       
     in Alaska.  There are a number of patient assaults and                                                                     
     staff injuries each year.  There are also thousands of                                                                     
     children who are committed each year.                                                                                      
                                                                                                                                
     Current statutes and regulations do little to protect                                                                      
     psychiatric patients.  State and Federal courts have                                                                       
     consistently ruled that individuals who have not                                                                           
     committed a crime and are locked up for psychiatric                                                                        
     evaluation and treatment should not be treated like                                                                        
     criminals.                                                                                                                 
                                                                                                                                
REPRESENTATIVE HIGGINS  offered his  opinion that there  was more                                                               
care for  the rights given  to criminals  than for the  rights of                                                               
psychiatric  patients.    He declared  that  this  was  important                                                               
legislation  that should  have been  passed years  ago, reporting                                                               
that it  had been presented  in the  2011 session as  Senate Bill                                                               
55.   He reported that the  earlier bill had a  zero fiscal note,                                                               
and yet the current, almost  identical bill had a $700,000 fiscal                                                               
note.  He questioned why the fiscal note had increased.                                                                         
                                                                                                                                
3:10:54 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HIGGINS stated that  he had requested the policies                                                               
for grievance  procedures from  the Department  of Administration                                                               
(DOA).                                                                                                                          
                                                                                                                                
THOMAS STUDLER, Staff, Representative  Pete Higgins, Alaska State                                                               
Legislature,  explained that  the  request for  the policies  and                                                               
procedures concerning  patients' grievance  rights had  only just                                                               
been received, from "an outside source" and not from the DOA.                                                                   
                                                                                                                                
REPRESENTATIVE  HIGGINS reported  that, although  DOA had  stated                                                               
that the [grievance policy] was in  place, they had not been able                                                               
to present  them to his office.   He offered his  belief that, as                                                               
the department  had not been  able to present the  policies, they                                                               
were not  really in place.   He  emphasized that proposed  HB 214                                                               
would offer  improved state  oversight for  grievance procedures.                                                               
He repeated  that the goal  of the  proposed bill was  to provide                                                               
adequate notice, standardize  forms, receive advocate assistance,                                                               
ensure  rapid written  administrative  response with  a right  to                                                               
appeal, and  allow telephonic  access to  a state  monitored call                                                               
center to immediately lodge complaints.                                                                                         
                                                                                                                                
3:14:43 PM                                                                                                                    
                                                                                                                                
[Vice Chair Keller returned the gavel to Chair Higgins.]                                                                        
                                                                                                                                
The committee took a brief at-ease.                                                                                             
                                                                                                                                
3:16:17 PM                                                                                                                    
                                                                                                                                
CHAIR HIGGINS opened public testimony.                                                                                          
                                                                                                                                
3:16:49 PM                                                                                                                    
                                                                                                                                
MARIO  BIRD, Attorney,  Ross  &  Miner, PC,  stated  that he  was                                                               
testifying  on behalf  of various  clients; however,  due to  the                                                               
confidentiality of  the cases, he  was not  able to speak  to any                                                               
specifics.  He  directed attention to some of  the broader policy                                                               
questions which  had arisen  as a result  of the  litigation, and                                                               
noted AS  47.30.840(a)(14), which declared the  patient right for                                                               
a  reasonable opportunity  to maintain  natural support  systems,                                                               
including family, friends,  and help networks.   He declared that                                                               
his litigation practice had revealed  that mental health patients                                                               
and  their families  were under  a great  deal of  pressure, even                                                               
without  a  forced  seclusion.     He  opined  that  anytime  the                                                               
government gets  larger, there  was a tendency  for people  to be                                                               
treated as  smaller.  He  offered his belief that  this provision                                                               
for patient families in the  proposed bill would protect the best                                                               
interests of the  patient.  He relayed that often  an analysis by                                                               
well-meaning providers acted  as a wedge between  the patient and                                                               
their  family, as  it  did  not have  any  consideration for  the                                                               
family and  support network.   He  expressed that  his experience                                                               
indicated that  patient contact with  family members  resulted in                                                               
an  improvement   to  the  patient's  condition.     He  directed                                                               
attention to  the preamble  of the Constitution  of the  State of                                                               
Alaska  which declared  the necessity  for passing  things on  to                                                               
succeeding generations,  which supported this provision  to allow                                                               
mental health  patients to communicate  with family members.   He                                                               
mentioned  that  although  severe organic  brain  impairment  was                                                               
considered   in    the   Alaska    Mental   Health    Trust,   AS                                                               
47.30.056(e)(5),  a  patient  could   be  subject  to  indefinite                                                               
detainment in  a non-designated facility.   He directed attention                                                               
to  the  right  to  privacy  litigation  which  had  spurred  the                                                               
legislature  to act  in  favor  of mental  health  patients.   He                                                               
pointed  out  that this  provision  stated  that the  legislature                                                               
shall  implement the  right to  privacy.   He suggested  that the                                                               
legislature  consider the  broader  policy  implications for  not                                                               
including those  patients with severe organic  brain impairments,                                                               
or similar  organic caused impairments,  as the same  symptoms of                                                               
mental illness  were often exhibited  and the same  rights should                                                               
be  extended.   He reiterated  that mental  health patients  were                                                               
often "good  folks, good  Alaskans with  families in  Alaska, and                                                               
lawmakers can  help these  families maintain  those rights."   He                                                               
asked that  the committee  consider the right  to privacy,  as it                                                               
was stated in the state constitution.                                                                                           
                                                                                                                                
3:22:17 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  asked for  a definition of  severe organic                                                               
brain impairment  and any correlation with  mental health issues.                                                               
He  directed attention  to page  2,  line 29,  paragraph 14,  and                                                               
asked how  it related to,  or was  different from, page  2, lines                                                               
12-14, paragraphs 5 and 6.                                                                                                      
                                                                                                                                
MR.  BIRD, in  response, said  that any  method of  communication                                                               
offering  reasonable  opportunity  to  maintain  natural  support                                                               
systems should  be considered.   He allowed  that this  should be                                                               
within the discretion of the person in charge of care.                                                                          
                                                                                                                                
REPRESENTATIVE  SEATON  asked  if   paragraph  14,  page  2,  was                                                               
incorporating paragraphs 5,  6, and 7, page 2, as  well as adding                                                               
additional parameters, or was paragraph 14 a separate category.                                                                 
                                                                                                                                
MR. BIRD  opined that  paragraph 14, page  2 would  foreclose any                                                               
possibility  that  someone would  be  deprived  of their  support                                                               
systems  if  in a  locked  evaluation  facility or  a  designated                                                               
treatment facility for more than three days.                                                                                    
                                                                                                                                
CHAIR HIGGINS  expressed his  agreement that  this gave  the same                                                               
rights as those under a 72 hour evaluation process.                                                                             
                                                                                                                                
3:25:55 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KELLER   asked  for  clarification   whether  the                                                               
providers  who  separated  patients from  their  natural  support                                                               
systems had done  this for the perceived good of  the patient, or                                                               
for other priorities.                                                                                                           
                                                                                                                                
MR. BIRD,  in response,  stated that  the providers,  though well                                                               
meaning, often  did not consider  the natural inclination  of the                                                               
patient to  family members and  friends, in lieu of  the possibly                                                               
therapeutic benefits of seclusion.                                                                                              
                                                                                                                                
REPRESENTATIVE   TARR   asked   for    the   frequency   to   his                                                               
representation of individuals in these cases.                                                                                   
                                                                                                                                
MR.  BIRD   replied  that  he   had  a  number  of   probate  and                                                               
guardianship  cases which  dealt with  these issues,  and he  had                                                               
litigated these  issues in  two or  three different  cases during                                                               
the last six months.  He stated  that he had become more aware of                                                               
this   during  contact   with  the   multiple  families   he  had                                                               
represented.                                                                                                                    
                                                                                                                                
3:28:35 PM                                                                                                                    
                                                                                                                                
FAITH MYERS,  Volunteer Mental Health  Advocate, shared  that she                                                               
had volunteered as a mental  health patient advocate for the past                                                               
ten  years.   She  noted that  she  had also  been  a patient  in                                                               
psychiatric institutions,  and she  declared her support  for the                                                               
proposed  bill.   She testified  that  90 percent  of the  38,000                                                               
annual  American  suicides  were  considered  to  have  a  mental                                                               
illness.  She reported that  27,000 Alaskans received psychiatric                                                               
care each  year.  The  current law and administrative  codes used                                                               
to   establish  psychiatric   patient   complaint  or   grievance                                                               
procedure  policy  did  little  to  recognize  or  accommodate  a                                                               
psychiatric  patient's  disability.    She  shared  that  it  was                                                               
necessary  for a  quicker, sometimes  urgent,  response to  these                                                               
grievances and  complaints.   For those in  acute crisis,  it was                                                               
necessary for  a written procedure,  which was not  a requirement                                                               
in AS 47.30.847.  She  emphasized that Alaska was not recognizing                                                               
the disabilities of the mentally  ill in the grievance and appeal                                                               
process, sharing that  acute care patients could not wait  7 - 14                                                               
days, or longer,  for an answer to a complaint.   She stated that                                                               
the  chances  for  recovery  were  reduced  when  a  person  felt                                                               
powerless in the process, and  that it was necessary for patients                                                               
to have written procedure rules,  with a shorter resolution time,                                                               
an  appeal  process, and  an  urgent  grievance procedure.    She                                                               
opined  that the  state  spent  far more  money  "picking up  the                                                               
broken pieces after  a patient cannot file a grievance  in a fair                                                               
way  than  the  state  would spend  providing  a  good  grievance                                                               
procedure  law that  recognizes the  patient's disability."   She                                                               
reiterated her support for proposed HB 214.                                                                                     
                                                                                                                                
REPRESENTATIVE  SEATON asked  for  clarification to  her role  as                                                               
patient advocate.                                                                                                               
                                                                                                                                
MS. MYERS  explained that she  was a private  citizen, recovering                                                               
from a  mental illness,  who volunteered to  speak in  support of                                                               
patient rights and an improved grievance procedure law.                                                                         
                                                                                                                                
REPRESENTATIVE SEATON  asked if  she was  an advocate  on patient                                                               
behalf in public forums.                                                                                                        
                                                                                                                                
MS. MYERS said that was correct.                                                                                                
                                                                                                                                
3:32:43 PM                                                                                                                    
                                                                                                                                
DORRANCE COLLINS,  Volunteer Mental Health Advocate,  stated that                                                               
he  supported HB  214.   He reported  that there  were about  225                                                               
patient  complaints filed  at Alaska  Psychiatric Institute  each                                                               
year, which  included denial of basic  rights, medication errors,                                                               
physical abuse,  sexual misconduct, safety concerns,  and respect                                                               
and dignity.   He  declared that  psychiatric patients  could not                                                               
file  a  grievance  in  a  fair way,  as  Alaska  statute  simply                                                               
directed  the  institutions  and   clinics  to  write  a  patient                                                               
grievance  procedure, which  could be  revised at  any time.   He                                                               
reported that  the institutions were  also allowed to  choose the                                                               
impartial body to  hear the complaint.  He stated  that the Joint                                                               
Commission  for Accreditation  of  Hospital  Organizations had  a                                                               
poor history for  protecting psychiatric patients.   He read from                                                               
a statement by  the Disability Law Center:  "if  the complaint is                                                               
a valid  one, the patient advocate  may discuss it with  the unit                                                               
staff," and  a second  statement, "at  some facilities,  a formal                                                               
grievance procedure  may be in  place."   He relayed that  in the                                                               
majority of psychiatric facilities, a  patient may not be able to                                                               
get  their complaint  past the  patient advocate  or a  low level                                                               
staff member  in a timely way.   He pointed out  that psychiatric                                                               
patients had a right, by law,  to file a grievance; however there                                                               
was not  a right for  an in-facility appeal.   He asked  that the                                                               
legislature improve grievance rights for psychiatric patients.                                                                  
                                                                                                                                
REPRESENTATIVE  SEATON  asked  about  the  definition  of  public                                                               
advocate.                                                                                                                       
                                                                                                                                
MR. COLLINS explained that patient  advocates were not employees,                                                               
paid their  own expenses,  and that they  spoke with  patients on                                                               
the telephone.   He declared that patient advocates had  a lot of                                                               
understanding of psychiatric  institutions throughout the nation,                                                               
and that Alaska institution standards were not very high.                                                                       
                                                                                                                                
REPRESENTATIVE SEATON directed attention  to page 2, lines 25-27,                                                               
which described  the patient advocate  as an employee.   He asked                                                               
if these  criteria could  be interpreted  to exclude  the current                                                               
patient advocates in preference for  the sole use of an employee.                                                               
He  offered his  belief  that this  was not  the  purpose of  the                                                               
proposed bill.                                                                                                                  
                                                                                                                                
MR. COLLINS  offered his  belief that the  law would  not include                                                               
anyone as  a patient advocate  except the person working  for the                                                               
institution.                                                                                                                    
                                                                                                                                
CHAIR HIGGINS stated that this was also his understanding.                                                                      
                                                                                                                                
REPRESENTATIVE   KELLER   asked    for   clarification   from   a                                                               
representative from Alaska Psychiatric Institute.                                                                               
                                                                                                                                
3:38:48 PM                                                                                                                    
                                                                                                                                
RON  HALE, Hospital  Administrator, Alaska  Psychiatric Institute                                                               
(API), stated that  there had been a patient advocate  on the API                                                               
staff for several years.                                                                                                        
                                                                                                                                
3:39:43 PM                                                                                                                    
                                                                                                                                
LORRAINE LAMOUREUX expressed her hope that she is a voice for                                                                   
the future and she stated her support for HB 214 as it would                                                                    
"protect those labeled psychiatric who find themselves deprived                                                                 
of all civil rights and at the mercy of complete strangers."                                                                    
She paraphrased from a prepared statement [original punctuation                                                                 
provided] [Included in members' packets]:                                                                                       
                                                                                                                                
     It is my hope the passage & this bill will prevent the                                                                     
     abuse of power for Bret Bohn today at Providence                                                                           
     Hospital.                                                                                                                  
                                                                                                                                
     Bret was a normal, university educated, 26 year old                                                                        
     man with a future when he went to Providence Hospital                                                                      
     on October20, 2013, due to Insomnia caused by stress.                                                                      
     Treatment by Providence Hospital led to admission, and                                                                     
     medication prescribed by the hospital which caused                                                                         
     subsequent seizures and Impairment.  Bret is now                                                                           
     imprisoned at Providence Hospital, against his will,                                                                       
     and subject to total hospital control.  Within three                                                                       
     weeks of his incarceration at Providence Hospital Bret                                                                     
     was ruled incompetent, and a made ward of the State of                                                                     
     Alaska, with a State appointed guardian.  The guardian                                                                     
     has a caseload at 100 and very little time to devote                                                                       
     to Bret.  Bret's parents legal Power of Attorney was                                                                       
     summarily dismissed as irrelevant and all parental                                                                         
     rights voided.  Bret's parents had objected to the                                                                         
     treatment of their son with powerful, highly addictive                                                                     
     drugs.  Today, three months later a young healthy, 26                                                                      
     year old man with life just starting is confined to                                                                        
     tour white walls, is heavily sedated and after three                                                                       
     months of this treatment is probably a drug addict.                                                                        
     Bret now wears a monitor, so can't escape even if he                                                                       
     could.  Bret has been denied visitors for two months.                                                                      
     His parents or anyone else did not even get to see him                                                                     
     for Christmas or his birthday.  In the days of Hitler                                                                      
     this treatment was called "Brain Washing".  There has                                                                      
     been no diagnosis and efforts are being made to send                                                                       
     him to John Hopkins.  Does the saying, "Out of sight,                                                                      
     out of mind." seem to apply here?  At a session when                                                                       
     Bret's parents were being apprised of Bret's condition                                                                     
     a Dr. told Bret's father that it was possible once                                                                         
     Bret left Providence Hospital "he would NEVER see his                                                                      
     son again".                                                                                                                
                                                                                                                                
     Bret's parents are spending retirement money in court                                                                      
     fighting for rights that seem to be nonexistent when                                                                       
     you're fighting the states biggest Corporate Hospital                                                                      
     and the complicit State agencies that seem to work                                                                         
     with the hospital.                                                                                                         
                                                                                                                                
     Questions remain!  Did Providence Hospital make a                                                                          
     mistake in Bret's treatment that caused the seizures?                                                                      
     Is the forceful manner in which Providence Hospital                                                                        
     terminated all Bret's and his parents rights a                                                                             
     response to this question?  Another question.  How                                                                         
     many other people are wards of the State presently at                                                                      
     Providence Hospital with care billed to the State?                                                                         
     The answer and the cost to the state could be                                                                              
     surprising.  To date the bills for Bret's care                                                                             
     continue to go to his mailing address and their total                                                                      
     is estimated to be over ONE MILLION dollars.  As a                                                                         
     ward of the State, guess who will be paying Bret's                                                                         
     bills?                                                                                                                     
                                                                                                                                
     I ask you to put yourself in Bret's place.  How would                                                                      
     you feel if this were someone in your family?  Please                                                                      
     legislate for Bret and all unfortunate victims who                                                                         
     have the misfortune to have their future stolen from                                                                       
     them by a corporate bureaucracy like Providence                                                                            
     Hospital.                                                                                                                  
                                                                                                                                
MS. LAMOUREUX  offered her belief  that the proposed  bill "would                                                               
guarantee that  Bret could not be  treated as he is  today at the                                                               
hospital."  She relayed that  this case had recently been settled                                                               
in court, his parents were denied  guardianship, and he was now a                                                               
permanent  ward  of  the  state.    She  stated  that  Providence                                                               
Hospital had  denied him any  visitations.  She asked  what would                                                               
happen to him.                                                                                                                  
                                                                                                                                
REPRESENTATIVE  REINBOLD encouraged  Ms.  Lamoureux  to call  the                                                               
governor's office and speak with Nancy Dallstrom.                                                                               
                                                                                                                                
REPRESENTATIVE  PRUITT asked  if  there would  be testimony  from                                                               
Providence Hospital so that all  sides were brought to the table.                                                               
He  asked if  there were  instances which  required this  type of                                                               
treatment.                                                                                                                      
                                                                                                                                
CHAIR HIGGINS  declared that there  was no intention to  pass the                                                               
bill  today.    He  expressed agreement  that  all  sides  should                                                               
testify.                                                                                                                        
                                                                                                                                
3:48:24 PM                                                                                                                    
                                                                                                                                
JAMELIA  SAIED, Mental  Health Counselor,  reported that  she had                                                               
been  a mental  health  counselor  for almost  20  years, with  a                                                               
recent focus  on peer  support counseling.   She stated  that she                                                               
presented introductory  sessions on the Wellness  Recovery Action                                                               
Plan (WRAP)  at API a  few times each  month.  She  reported that                                                               
patients often expressed frustration  for important issues either                                                               
not being  addressed, or addressed  in an  unsatisfactory manner.                                                               
She stated  that these issues frequently  revolved around contact                                                               
with  family, friends,  and  other  natural supports,  medication                                                               
decisions,  length of  time at  API, and  plans after  discharge.                                                               
She explained  that, as she  was a  contract provider and  not an                                                               
API  employee, she  was not  able to  intervene with  assistance.                                                               
She  expressed her  frustration with  this policy,  especially if                                                               
she was aware  that the concern had not been  addressed by staff.                                                               
She  offered  her belief  that  some  of  these issues  could  be                                                               
handled in  only a few minutes.   She testified in  support of HB
214 and its  urgent grievous procedure, stating that  it would go                                                               
a  long way  toward addressing  the grievances  of mental  health                                                               
patients.  She  declared that individuals deserved  to be treated                                                               
with dignity and respect, and  these rights should not be negated                                                               
upon  admittance  into a  mental  health  facility.   Individuals                                                               
struggling  to overcome  mental  issues needed  support, and  not                                                               
forced treatment, on the road to recovery.                                                                                      
                                                                                                                                
3:51:32 PM                                                                                                                    
                                                                                                                                
JIM GOTTSTEIN, Law Project for  Psychiatric Rights, declared that                                                               
Ms.  Lamoureux  had  described  a system  that  had  existed  for                                                               
decades.   He  relayed the  "Alice in  Wonderland" aspect  of the                                                               
mental health system.  He  directed attention to provisions in HB
214  which  proposed  the possible  exclusion  of  other  patient                                                               
advocates.   He  suggested  addition of  a  sentence which  would                                                               
acknowledge  the right  of  people to  have  their own  advocates                                                               
working in the  behalf.  Addressing page 4, he  stated that lines                                                               
8-9,  "as defined  by the  commissioner" should  be deleted.   He                                                               
expressed  a similar  concern that  page  4, lines  15-16, "if  a                                                               
written  response  is not  consistent  with  this section  or  AS                                                               
47.30.840" should be  deleted.  He pointed out that  the right to                                                               
appeal was not meaningful unless  there was an exemption included                                                               
from  Civil  Rule 82,  which  provided  that a  prevailing  party                                                               
received  partial attorney  fees against  the losing  party.   He                                                               
shared  that his  experience with  the Attorney  General's office                                                               
was its consistent  request for attorney fees, which  had "a very                                                               
chilling effect  on people trying  to appeal."  He  declared that                                                               
the right to  appeal should include an exemption  from this civil                                                               
rule.  He stated his support for HB 214.                                                                                        
                                                                                                                                
3:57:26 PM                                                                                                                    
                                                                                                                                
CHAIR HIGGINS  asked how many  cases Mr. Gottstein  had conducted                                                               
which were similar to this situation.                                                                                           
                                                                                                                                
MR. GOTTSTEIN,  in response, opined  that it was  often perceived                                                               
that people labeled  as "crazy" had nothing credible to  say.  He                                                               
offered his belief  that there were hundreds  of complaints which                                                               
were not deemed worthy of  being called a grievance; hence, there                                                               
were  "not even  a handful  that end  up being  considered actual                                                               
grievances."                                                                                                                    
                                                                                                                                
3:58:59 PM                                                                                                                    
                                                                                                                                
JOHN TAYLOR KENT, Retired Psychologist,  shared that he had a lot                                                               
of  experience with  mental health  patients, stating  that there                                                               
was not  much protection for incarcerated  individuals in Alaska.                                                               
He relayed an anecdote about work  in Bethel and Barrow, where he                                                               
was head  of the  facility.   He expressed  his concern  that the                                                               
proposed bill would add to  the burden of the providers, although                                                               
the rights  and livelihoods of  the patients was  more important.                                                               
He stated  his support  for the proposed  bill.   He acknowledged                                                               
the  difficulty  for  distinguishing  between  mentally  ill  and                                                               
organically impaired as there was overlap.                                                                                      
                                                                                                                                
4:01:20 PM                                                                                                                    
                                                                                                                                
DAVID CARLSON, Attorney, offered  some personal background, which                                                               
included his sought  after help from the  mental health industry,                                                               
which he opined  "destroyed my life and they did  it for profit."                                                               
He offered  his belief  that the  proposed bill  did not  "go far                                                               
enough"  and that  if the  proposed bill  were implemented,  "the                                                               
entire  system will  fall apart."   He  acknowledged that  he had                                                               
received some  good help  from counselors,  and he  expressed his                                                               
high regard for these professionals.                                                                                            
                                                                                                                                
4:06:14 PM                                                                                                                    
                                                                                                                                
DON  ROBERTS reported  that  he  was "a  former  consumer of  the                                                               
mental health system."  He  declared his support for the proposed                                                               
bill.  He offered his  belief that people had fundamental rights,                                                               
which included  the right to be  heard and to change  the outcome                                                               
of  the events  affecting  them.   He  opined  that this  [mental                                                               
health] system  was not a place  where he felt he  would be heard                                                               
and  he would  not return  voluntarily.   He  reported that  many                                                               
people needed the  mental health services, however.   He declared                                                               
a need for  the responsible protection of  the fundamental rights                                                               
of human beings.                                                                                                                
                                                                                                                                
4:11:11 PM                                                                                                                    
                                                                                                                                
LAURIE  HERMAN,  Director  of  Government  Relations,  Providence                                                               
Health & Services, declared that  she was not a behavioral health                                                               
expert.    Referencing  earlier  testimony  regarding  Providence                                                               
Alaska  Medical Center,  she  stated that  she  had responded  in                                                               
writing  to  an  inquiry  from  a  member  of  the  Alaska  State                                                               
Legislature, and  would share that  response to the  House Health                                                               
and Social Services Standing Committee.                                                                                         
                                                                                                                                
CHAIR HIGGINS said that this would be appreciated.                                                                              
                                                                                                                                
REPRESENTATIVE  TARR asked  if the  [Director] of  the Behavioral                                                               
Health  department [at  Providence Alaska  Medical Center]  would                                                               
know about administrative procedures.                                                                                           
                                                                                                                                
MS.  HERMAN replied  that the  director would  be aware  of these                                                               
procedures, and  she emphasized that  hospitals "do not  have the                                                               
ability to hold patients against their will."                                                                                   
                                                                                                                                
4:13:15 PM                                                                                                                    
                                                                                                                                
CHAIR HIGGINS left public testimony open.                                                                                       
                                                                                                                                
[HB 214 was held over.]                                                                                                         

Document Name Date/Time Subjects
HB0214A.PDF HHSS 2/18/2014 3:00:00 PM
HB 214
HB 214 Section Analysis .pdf HHSS 2/18/2014 3:00:00 PM
HB 214
HB 214 AS 47.30.660.pdf HHSS 2/18/2014 3:00:00 PM
HB 214
HB 214 42 USC 10801 Congressional Findings and Purpose.pdf HHSS 2/18/2014 3:00:00 PM
HB 214
HB 214 42 USC 10841 Restatement of Bill of Rights.pdf HHSS 2/18/2014 3:00:00 PM
HB 214
HB 214 Letter of Support 4.pdf HHSS 2/18/2014 3:00:00 PM
HB 214
HB 214 Report from MHA.pdf HHSS 2/18/2014 3:00:00 PM
HB 214
HB 214 API Investigation Report 7-13-11.pdf HHSS 2/18/2014 3:00:00 PM
HB 214
HB 214 MHA letter to Commission DHSS.pdf HHSS 2/18/2014 3:00:00 PM
HB 214
HB 214 DHSS letter to MHA.pdf HHSS 2/18/2014 3:00:00 PM
HB 214
HB 214 Ombudsman Complaint.pdf HHSS 2/18/2014 3:00:00 PM
HB 214
HB214 Fiscal Note DHSS-BHA-02-14-14.pdf HHSS 2/18/2014 3:00:00 PM
HB 214
HB214 Fiscal Note DOA-OAH-02-14-14.pdf HHSS 2/18/2014 3:00:00 PM
HB 214
HB 214 Sponsors Statement.pdf HHSS 2/18/2014 3:00:00 PM
HB 214
HB 214 Providence Patient rights.pdf HHSS 2/18/2014 3:00:00 PM
HB 214
HB 214 Providence Grievance Policy.pdf HHSS 2/18/2014 3:00:00 PM
HB 214
HB 214 Providence Complaint Procedure.pdf HHSS 2/18/2014 3:00:00 PM
HB 214
HB 214 DOC Program rights.pdf HHSS 2/18/2014 3:00:00 PM
HB 214
HB 214 DLC Prisioner rights.pdf HHSS 2/18/2014 3:00:00 PM
HB 214
HB 214 Denali Center Complaint Process.pdf HHSS 2/18/2014 3:00:00 PM
HB 214
HB 214 Bartlette Complaint Process.pdf HHSS 2/18/2014 3:00:00 PM
HB 214
HB 214 API - PRE-030-03 Patient Grievance Procedures, 04-02-12.pdf HHSS 2/18/2014 3:00:00 PM
HB 214
HB 214 DOC Prisioner rights.pdf HHSS 2/18/2014 3:00:00 PM
HB 214
HB 214 API Investigative report March 21 2011.PDF HHSS 2/18/2014 3:00:00 PM
HB 214
American Cancer Society Cancer Action Network Presentation for HSS Final.ppsx HHSS 2/18/2014 3:00:00 PM
HB 214 Myers letter to DHSS.pdf HHSS 2/18/2014 3:00:00 PM
HB 214
HB 214 MHA Myers report Dec 2013.pdf HHSS 2/18/2014 3:00:00 PM
HB 214
HB 214 Myers letter to Ombudsman 9 29 2013.pdf HHSS 2/18/2014 3:00:00 PM
HB 214
HB 214 Testimony Myers 2 18 2014.PDF HHSS 2/18/2014 3:00:00 PM
HB 214
HB 214Testimony Saied 2 18 2014.PDF HHSS 2/18/2014 3:00:00 PM
HB 214
HB 214 Testimony Collins 2 18 2014.PDF HHSS 2/18/2014 3:00:00 PM
HB 214
HB 214 North Star Behavioral Health System P&P.PDF HHSS 2/18/2014 3:00:00 PM
HB 214