Legislature(2021 - 2022)DAVIS 106

02/24/2022 03:00 PM House HEALTH & SOCIAL SERVICES

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 292 HOME AND COMMUNITY-BASED WAIVER SERVICES TELECONFERENCED
<Bill Hearing Canceled>
-- Testimony <Invitation Only> --
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 308 DEMENTIA AWARENESS TELECONFERENCED
Moved HB 308 Out of Committee
+= HSCR 2 DISAPPROVING EXECUTIVE ORDER 121 TELECONFERENCED
Heard & Held
                    ALASKA STATE LEGISLATURE                                                                                  
      HOUSE HEALTH AND SOCIAL SERVICES STANDING COMMITTEE                                                                     
                       February 24, 2022                                                                                        
                           3:09 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Liz Snyder, Co-Chair                                                                                             
Representative Tiffany Zulkosky, Co-Chair                                                                                       
Representative Ivy Spohnholz                                                                                                    
Representative Zack Fields                                                                                                      
Representative Ken McCarty                                                                                                      
Representative Christopher Kurka                                                                                                
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Mike Prax                                                                                                        
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 308                                                                                                              
"An Act relating to dementia awareness."                                                                                        
                                                                                                                                
     - MOVED HB 308 OUT OF COMMITTEE                                                                                            
                                                                                                                                
HOUSE SPECIAL CONCURRENT RESOLUTION NO. 2                                                                                       
Disapproving Executive Order No. 121.                                                                                           
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
HOUSE BILL NO. 292                                                                                                              
"An Act relating to home and community-based services; and                                                                      
providing for an effective date."                                                                                               
                                                                                                                                
     - BILL HEARING CANCELED                                                                                                    
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 308                                                                                                                  
SHORT TITLE: DEMENTIA AWARENESS                                                                                                 
SPONSOR(s): REPRESENTATIVE(s) STUTES                                                                                            
                                                                                                                                
02/07/22       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/07/22       (H)       HSS, FIN                                                                                               
02/15/22       (H)       HSS AT 3:00 PM DAVIS 106                                                                               
02/15/22       (H)       Heard & Held                                                                                           
02/15/22       (H)       MINUTE(HSS)                                                                                            
02/17/22       (H)       HSS AT 3:00 PM DAVIS 106                                                                               
02/17/22       (H)       Scheduled but Not Heard                                                                                
02/24/22       (H)       HSS AT 3:00 PM DAVIS 106                                                                               
                                                                                                                                
BILL: HSCR 2                                                                                                                  
SHORT TITLE: DISAPPROVING EXECUTIVE ORDER 121                                                                                   
SPONSOR(s): HEALTH & SOCIAL SERVICES                                                                                            
                                                                                                                                
02/22/22       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/22/22       (H)       HSS                                                                                                    
02/22/22       (H)       HSS AT 3:00 PM DAVIS 106                                                                               
02/22/22       (H)       Heard & Held                                                                                           
02/22/22       (H)       MINUTE(HSS)                                                                                            
02/24/22       (H)       HSS AT 3:00 PM DAVIS 106                                                                               
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
FATE PUTNAM, Staff                                                                                                              
Representative Louise Stutes                                                                                                    
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Provided comments during the hearing on HB
308 on behalf of Representative Stutes, prime sponsor.                                                                          
                                                                                                                                
ADAM CRUM, Commissioner                                                                                                         
Department of Health and Social Services                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Responded to questions during the hearing                                                                
on HSCR 2.                                                                                                                      
                                                                                                                                
ANDREW DUNMIRE, Attorney                                                                                                        
Legislative Legal Services                                                                                                      
Legislative Affairs Agency                                                                                                      
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Responded to questions during the hearing                                                                
on HSCR 2.                                                                                                                      
                                                                                                                                
STACIE KRALY, Director                                                                                                          
Civil Division (Juneau)                                                                                                         
Department of Law                                                                                                               
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Responded to questions during the hearing                                                                
on HSCR 2.                                                                                                                      
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
3:09:21 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  TIFFANY ZULKOSKY  called  the House  Health and  Social                                                             
Services  Standing  Committee  meeting  to  order  at  3:09  p.m.                                                               
Representatives McCarty, Spohnholz,  Fields, Snyder, and Zulkosky                                                               
were present at the call  to order.  Representative Kurka arrived                                                               
as the meeting was in progress.                                                                                                 
                                                                                                                                
                   HB 308-DEMENTIA AWARENESS                                                                                
                                                                                                                                
3:10:14 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  ZULKOSKY announced  that  the first  order of  business                                                               
would  be  HOUSE BILL  NO.  308,  "An  Act relating  to  dementia                                                               
awareness."                                                                                                                     
                                                                                                                                
3:11:09 PM                                                                                                                    
                                                                                                                                
FATE PUTNAM,  Staff, Representative  Louise Stutes,  Alaska State                                                               
Legislature, on  behalf of  Representative Stutes,  prime sponsor                                                               
of HB 308, told the committee  that the sponsor's office has been                                                               
working with the Department of  Health and Social Services (DHSS)                                                               
on the proposed legislation.  He  stated that the fiscal note has                                                               
also been addressed.                                                                                                            
                                                                                                                                
3:11:54 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MCCARTY voiced support for  HB 308 and asked about                                                               
the  possibility  of having  the  legislation  sunset because  of                                                               
funding.                                                                                                                        
                                                                                                                                
MR. PUTNAM  responded that a sunset  could work if the  funds are                                                               
not  available  in  the  future.   In  response  to  a  follow-up                                                               
question, he estimated the sunset would be in 5 years.                                                                          
                                                                                                                                
3:13:54 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  SNYDER moved  to report  HB 308  out of  committee with                                                               
individual  recommendations and  the  accompanying fiscal  notes.                                                               
There being  no objection, HB 308  was reported out of  the House                                                               
Health and Social Services Standing Committee.                                                                                  
                                                                                                                                
3:14:20 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 3:14 p.m. to 3:18 p.m.                                                                       
                                                                                                                                
            HSCR 2-DISAPPROVING EXECUTIVE ORDER 121                                                                         
                                                                                                                                
3:18:51 PM                                                                                                                    
                                                                                                                                
[Due to technical difficulties, a  brief portion of audio was not                                                               
recorded but  the information was  captured from  the secretary's                                                               
log notes.]                                                                                                                     
                                                                                                                                
CO-CHAIR  ZULKOSKY announced  that  the final  order of  business                                                               
would be HOUSE SPECIAL CONCURRENT  RESOLUTION NO. 2, Disapproving                                                               
Executive Order No. 121.                                                                                                        
                                                                                                                                
CO-CHAIR   ZULKOSKY  observed   that   it  seemed   odd  for   an                                                               
administration  to put  forward an  executive order  in its  last                                                               
year.  She asked whether  the department had considered a "relief                                                               
valve" or backup plan.                                                                                                          
                                                                                                                                
3:20:48 PM                                                                                                                    
                                                                                                                                
ADAM  CRUM,   Commissioner,  Department  of  Health   and  Social                                                               
Services,  responded that  the idea  for EO  121 came  from long-                                                               
tenured staff  within the  department.  As  it moves  forward, he                                                               
said, this  staff will be  present to  ensure the success  of the                                                               
bifurcation of DHSS  into the Department of Health  (DOH) and the                                                               
Department  of Family  and Community  Services (DFCS).   He  said                                                               
there is also  stakeholder support.  He indicated  there would be                                                               
opportunity for  more legislative  oversight.   In response  to a                                                               
follow-up question, he gave examples of  how EO 121 could lead to                                                               
success with staffing, oversight, and internal functions.                                                                       
                                                                                                                                
3:26:21 PM                                                                                                                    
                                                                                                                                
CO-CHAIR ZULKOSKY  requested a  list of metrics  be given  to the                                                               
committee.                                                                                                                      
                                                                                                                                
3:26:44 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SNYDER asked for clarification  of a concern Mr. Dunmire                                                               
had  expressed in  writing about  Section 133.   She  offered her                                                               
understanding that he had quoted Section 134.                                                                                   
                                                                                                                                
3:27:20 PM                                                                                                                    
                                                                                                                                
ANDREW   DUNMIRE,    Attorney,   Legislative    Legal   Services,                                                               
Legislative  Affairs Agency,  explained that  he had  addressed a                                                               
transitional  provision  which  grants   DHSS  and  the  two  new                                                               
departments the authority  to create their own  regulations.  The                                                               
granting of rule-making authority,  he explained, typically comes                                                               
from the legislature.                                                                                                           
                                                                                                                                
CO-CHAIR SNYDER requested  a response from the  Department of Law                                                               
(DOL).                                                                                                                          
                                                                                                                                
3:28:34 PM                                                                                                                    
                                                                                                                                
STACIE KRALY,  Director, Civil  Division (Juneau),  Department of                                                               
Law, said  Section 133  is a  transitional provision  which would                                                               
allow  the  administration  "to effectuate  the  executive  order                                                               
through necessary  regulation changes."   She explained  that not                                                               
having this ability  would not be an effective use  of having the                                                               
power.   She expressed that creating  regulatory authority, which                                                               
does  not exist,  would not  be  taking legislative  power.   She                                                               
explained  that  the  authority  to  create  regulations  in  the                                                               
administering  of these  programs  exists under  Title  47.   She                                                               
stated  that DOL  would not  consider  this to  be a  substantive                                                               
change.   She  pointed out  that previous  executive orders  have                                                               
been similar concerning this issue.                                                                                             
                                                                                                                                
3:31:21 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SNYDER asked Mr. Dunmire  if he agreed that the language                                                               
has been seen before [in similar situations].                                                                                   
                                                                                                                                
3:31:38 PM                                                                                                                    
                                                                                                                                
MR. DUNMIRE  replied that  he does  not know  the answer,  but he                                                               
would research the issue and follow up to the committee.                                                                        
                                                                                                                                
3:31:55 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  FIELDS offered  a question  to be  answered at  a                                                               
later  time.    The  question   concerned  whether  the  division                                                               
directors had done an analysis  to determine an adequate level of                                                               
frontline staff.                                                                                                                
                                                                                                                                
[HSCR 2 was held over.]                                                                                                         
                                                                                                                                
3:32:56 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no further business before the committee, the House                                                                 
Health and Social Services Standing Committee meeting was                                                                       
adjourned at 3:33 p.m.                                                                                                          

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