Legislature(2013 - 2014)CAPITOL 106

03/14/2014 08:00 AM House HEALTH & SOCIAL SERVICES


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Recessed from 3/13/14 --
+= HB 134 MEDICAID PAYMENT FOR MEDISET PRESCRIPTION TELECONFERENCED
Moved CSHB 134(HSS) Out of Committee
+= HB 250 MEDICAL MALPRACTICE ACTIONS TELECONFERENCED
Moved CSHB 250(HSS) Out of Committee
*+ HCR 18 BABY-FRIENDLY HOSPITAL INITIATIVE TELECONFERENCED
Moved Out of Committee
*+ HCR 19 SUPPORTING EFFORTS OF RECOVER ALASKA TELECONFERENCED
Moved CSHCR 19(HSS) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 214 MENTAL HEALTH PATIENT RIGHTS & GRIEVANCES TELECONFERENCED
Moved CSHB 214(HSS) Out of Committee
        HB 214-MENTAL HEALTH PATIENT RIGHTS & GRIEVANCES                                                                    
                                                                                                                                
8:03:07 AM                                                                                                                    
                                                                                                                                
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."   [In front of                                                               
the committee was  the proposed committee substitute  (CS) for HB
214,  labeled  28-LS0869\C,  Mischel,   3/7/14,  which  had  been                                                               
adopted as the working draft on March 11, 2014]                                                                                 
                                                                                                                                
8:03:17 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KELLER  moved  to adopt  the  proposed  committee                                                               
substitute  (CS)  for  HB   214,  labeled  28-LS0869\O,  Mischel,                                                               
3/13/14, as the working draft.   There being no objection, it was                                                               
so ordered.   [Public testimony was closed at the  March 11, 2014                                                               
committee meeting]                                                                                                              
                                                                                                                                
8:04:20 AM                                                                                                                    
                                                                                                                                
THOMAS STUDLER, Staff, Representative  Pete Higgins, Alaska State                                                               
Legislature, explained  that Sections 1  and 2 of Version  O were                                                               
unchanged  from  the previous  version;  however,  Section 3  was                                                               
amended   by   adding,  "has   the   right   to  add   designated                                                               
representative employed and clearly  identified by the evaluation                                                               
facility or  unit or a  designated treatment facility or  unit to                                                               
act  as a  patient advocate  and  to assist  in the  filing of  a                                                               
grievance under AS  47.30.847."  He pointed  out that [paragraph]                                                               
(14) was  also amended, "has  the right to select  and individual                                                               
to act  as a patient  advocate and to assist  in the filing  of a                                                               
grievance under AS 47.30.847."   Lastly, he noted that paragraphs                                                               
(15) and  (16) were number changes.   He reported that  a patient                                                               
had the option of selecting  their own advocate, or utilizing the                                                               
designated staff  advocate at the facility.   Directing attention                                                               
to page 5, line 17, which  had been added after consultation with                                                               
DHSS, he  read:  "Nothing in  this section applies to  a facility                                                               
or  unit  or designated  treatment  facility  that only  provides                                                               
outpatient services."   He stated  that this had been  an onerous                                                               
requirement on  an outpatient service  for filing  grievances, as                                                               
the patient  already had the  option for  leaving.  He  said that                                                               
Sections 4 and 5 were unchanged.   He reported that Section 6 was                                                               
under discussion, although "it's  not appropriate to discuss that                                                               
in this particular committee setting."                                                                                          
                                                                                                                                
8:06:57 AM                                                                                                                    
                                                                                                                                
MR. STUDLER, in  reference to Section 6,  remarked that, although                                                               
there had  been resolution to  the difference of opinion,  he was                                                               
not yet ready to present it to the committee.                                                                                   
                                                                                                                                
CHAIR HIGGINS  offered his belief  that the DHSS  discussions for                                                               
the proposed  bill were "pretty  much vetted," and said  that the                                                               
legal aspects were still to be  worked out in the House Judiciary                                                               
Standing Committee.                                                                                                             
                                                                                                                                
8:07:58 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TARR  opined that  the  legal  opinion raised  "a                                                               
pretty substantial  issue that  needed to  be resolved,"  and she                                                               
asked if  the information  would accompany  the proposed  bill to                                                               
the House Judiciary Standing Committee.                                                                                         
                                                                                                                                
CHAIR  HIGGINS  replied  that,  although  there  appeared  to  be                                                               
agreement  for   the  proposed  language,  the   House  Judiciary                                                               
Standing Committee would  "vet this a little bit  further in that                                                               
area."                                                                                                                          
                                                                                                                                
REPRESENTATIVE TARR expressed  her concern that, as  a sponsor to                                                               
the proposed bill,  the provision had not yet  been resolved when                                                               
it was passed from the  House Health and Social Services Standing                                                               
Committee.                                                                                                                      
                                                                                                                                
8:09:04 AM                                                                                                                    
                                                                                                                                
MR. STUDLER  explained that there  had been discussions  with the                                                               
assistant  attorney general,  and he  offered his  belief that  a                                                               
resolution was forthcoming.                                                                                                     
                                                                                                                                
8:09:32 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KELLER  moved to  report  CSHB  214, Version  28-                                                               
LS0869\O,  Mischel, 3/13/14,  out  of  committee with  individual                                                               
recommendations and  the accompanying fiscal notes.   There being                                                               
no objection, CSHB  214(HSS) was moved from the  House Health and                                                               
Social Services Standing Committee.                                                                                             

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