Legislature(1999 - 2000)
04/14/1999 01:20 PM House JUD
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
CSSB 57(FIN) - CARE FOR VULNERABLE ADULTS CHAIRMAN KOTT announced the next order of business is CSSB 57(FIN), "An Act relating to vulnerable adults; and providing for an effective date." CHAIRMAN KOTT stated that HB 147 and SB 57 started off looking very similar. There have been some changes to the Senate version, which is before the committee. The house version is DOA [dead on arrival]. Number 0312 SHEILA PETERSON, Legislative Assistant to Senator Gary Wilken, Alaska State Legislature, came before the committee and presented the sponsor statement. She noted that Senator Wilken was the co-chair to the Long-Term Care Task Force during the interim. It met to study issues facing senior citizens and adults with disabilities. It made 31 recommendations, of which, 4 included legislation. The bill before the committee is one of the four. MS. PETERSON stated that SB 57 would enhance the protective services afforded to vulnerable adults by reducing the possibility of exploitation or abuse by guardians. Under the current law, the Department of Administration must immediately terminate an investigation of abuse upon the request of a vulnerable adult who is the subject of the report. Unfortunately, in some rare instances the person subject to the investigation might be the guardian or attorney-of-fact or surrogate decision maker. This would allow the department to continue the investigation, even if the guardian asks to have it terminated. It would close a small loophole in statute. She noted that the Senate raised the standard of scrutiny to probable [page 1, line 7]. She announced she has an amendment that would allow for the need of a legislator to access a report. Number 0445 CHAIRMAN KOTT announced there are two amendments. He labeled them as "Amendment 1" and "Amendment 2". MS. PETERSON explained Amendment 1 is to clarify a run-on sentence. It reads as follows: Page 1, line 6: Delete "unless [. HOWEVER, IF]" Insert ". However, the department or its designee may not terminate the investigation if" Page 1, line 8, following "services," Insert "and" Number 0528 REPRESENTATIVE GREEN made a motion to adopt Amendment 1. There being no objection, it was so moved. CHAIRMAN KOTT explained Amendment 2 deals with confidentiality reports and allows legislators to have access to them. It reads as follows: Sec. 47.24.050. Confidentiality of reports. (a) Investigation reports and reports of the abandonment, exploitation, abuse, neglect, or self-neglect of a vulnerable adult filed under this chapter are confidential and are not subject to public inspection and copying under AS 09.25.110 - 09.25.125. However, in accordance with this chapter and regulations adopted under this chapter, investigation reports may be used by appropriate agencies, legislators, or other individuals involving the abandonment, exploitation, abuse, neglect, or self-neglect of a vulnerable adult. Number 0548 REPRESENTATIVE CROFT made a motion to adopt Amendment 2. REPRESENTATIVE KERTTULA objected for discussion purposes. She asked Ms. Peterson whether Amendment 2 would allow legislators to have actual names and files on individuals. In other words, what kind of information would this put out to the public? Number 0577 MS. PETERSON replied this was proposed in the House Health, Education and Social Services Standing Committee as similar legislation which allows a legislator to have access to child support enforcement cases with the intent of helping or assisting a constituent. She assumes that the information currently available to the appropriate agencies would be the same type of information that would be available to legislators. This would not expand the information currently available to those two entities. In further response to Representative Kerttula, Ms. Peterson clarified that it would give the actual name and circumstances behind the investigation. Number 0635 CHAIRMAN KOTT stated that is his understanding as well. The case file or some part of it would be given. He asked Ms. Peterson what protections are there now to ensure that those who can access a report keep it confidential. Is there a penalty? Number 0661 MS. PETERSON replied that was not discussed in the Senate, but in accordance with her experience in similar situations, confidential information is not given freely, and there probably would be some ownership on the individual legislator who is making the request to keep it confidential. Number 0695 CHAIRMAN KOTT asked Ms. Peterson whether there is anything in the bill that allows for legislative staff to have access to a report. The way he reads the bill, it is for the use of the legislator only and that use cannot be extended to anybody else. MS. PETERSON replied she doesn't know whether there is a definition dealing with this that expands use to legislative staff. Number 0739 REPRESENTATIVE GREEN explained that the idea was for the legislator and not the legislator's staff, as discussed in the House Health, Education and Social Services Standing Committee. There was concern and discussion on maintaining confidentiality which is why the access was restricted. He's not sure whether the wording in Amendment 2 maintains that restriction, however. Number 0777 MS. PETERSON stated Senator Wilken feels very strongly about the initial bill and the importance in protecting vulnerable adults. He would support passing the bill without the amendment. CHAIRMAN KOTT stated that this was not part of the original task force recommendation. MS. PETERSON replied correct. Number 0800 REPRESENTATIVE CROFT removed his motion to adopt Amendment 2. He doesn't want to slow down the bill. Number 0824 REPRESENTATIVE KERTTULA withdrew her objection. She doesn't want to see this type of information being spread around to inappropriate people, but at the same time she doesn't want to stop appropriate investigations. Number 0861 REPRESENTATIVE KERTTULA made a motion to move CSSB 57(FIN), as amended, from the committee with individual recommendations and the attached fiscal note(s). There being no objection, HCS CSSB 57(JUD) was so moved from the House Judiciary Standing Committee.
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