Legislature(2013 - 2014)CAPITOL 120

04/07/2014 01:00 PM House JUDICIARY


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01:09:24 PM Start
01:11:13 PM Confirmation Hearings: || Confirmation Hearings:
01:15:07 PM HB214
01:35:10 PM Confirmation Hearings: || Confirmation Hearings:
01:36:44 PM HB214
01:46:40 PM HB282
01:52:27 PM HB375
02:23:39 PM HB60
02:47:46 PM HB282
03:06:58 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Contirmation Hearing: TELECONFERENCED
- Select Committee on Legislative Ethics
+ HB 60 UNIFORM REAL PROPERTY TRANSFERS ON DEATH TELECONFERENCED
Heard & Held
+ HB 214 MENTAL HEALTH PATIENT RIGHTS & GRIEVANCES TELECONFERENCED
Moved CSHB 214(JUD) Out of Committee
*+ HB 381 UNLAWFUL EVASION TELECONFERENCED
<Bill Hearing Canceled>
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 375 CRIMINAL TRESPASS ON PRIVATE PROPERTY TELECONFERENCED
Moved CSHB 375(JUD) Out of Committee
+= SB 64 OMNIBUS CRIME/CORRECTIONS/RECIDIVISM BILL TELECONFERENCED
<Bill Hearing Canceled>
+= HB 108 SURCHARGE ON FINES/ELEC. CITATION FUND TELECONFERENCED
Scheduled But Not Heard
+= HB 282 LANDLORD AND TENANT ACT TELECONFERENCED
Heard & Held
        HB 214-MENTAL HEALTH PATIENT RIGHTS & GRIEVANCES                                                                    
                                                                                                                                
1:15:07 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER announced  that the next order of  business would be                                                               
HOUSE BILL  NO. 214,  "An Act relating  to mental  health patient                                                               
rights, notifications, and grievance procedures."                                                                               
                                                                                                                                
REPRESENTATIVE  LYNN  moved  to   adopt  the  proposed  committee                                                               
substitute  (CS)  for  HB   214,  labeled  28-LS0869\Y,  Mischel,                                                               
4/4/14,  as the  working  document.   There  being no  objection,                                                               
Version Y was before the committee.                                                                                             
                                                                                                                                
1:15:44 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE PETE  HIGGINS, Alaska  State Legislature,  said HB
214 is  a patients' rights bill  for the mentally ill.   "We want                                                               
to  give them  the rights  that everybody  else basically  should                                                               
have when they go into a  facility," he explained.  "You're going                                                               
hear words  like [indecipherable]  and grievances  and procedures                                                               
and that's  what facilities  have now already,  and they  do have                                                               
that.   And  we're not  asking them  to create  anything more  or                                                               
anything less beyond  that point, but what we are  asking them to                                                               
do is to  forward those grievances onto the  administration so we                                                               
can take  a look at  them and make  sure they're doing  the job."                                                               
He said  he has worked  this bill through  and it has  been heard                                                               
frequently in another  committee, and "we've done a  great job on                                                               
basically  trying to  address everyone's  needs  and making  sure                                                               
we're not  doing undue  burden on other  facilities that  may not                                                               
participate in overnight  stays for patients."  He  said the bill                                                               
basically breaks down the grievances into three categories.                                                                     
                                                                                                                                
1:17:22 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HIGGINS said  the first  category includes  small                                                               
grievances "that  don't really  affect the state."   He  gave the                                                               
example of  "my peas are  too cold and  my cocoa's too  hot," and                                                               
other such grievances  that the facility can take  care of fairly                                                               
easily.  But the grievances he  wants to hear about deal with the                                                               
patient's rights, he  said, like being denied  a patient advocate                                                               
or telephone  access.  Such  grievances will be forwarded  to the                                                               
administration,  he  said.   The  third  category, he  explained,                                                               
includes criminal  grievances, and they  need to be  forwarded to                                                               
the  administration.   "We don't  want  any of  that hidden,"  he                                                               
added.   This  is a  bill of  transparency; this  is letting  the                                                               
state  know that  the facilities  are doing  the right  thing, he                                                               
stated.  He said the facilities  are doing the right thing.  Some                                                               
facilities do not  support HB 214, he noted, because  they do not                                                               
like oversight,  and that  is a red  flag.  He  is in  the health                                                               
profession,  and when  he first  started taking  Medicaid, people                                                               
told him that he  would not like the audits.  But  he said he had                                                               
no problem  with audits  since he was  not doing  anything wrong.                                                               
He added  that he is computerized,  so audits are easy,  and they                                                               
help him  know where  he is  doing something wrong  so he  can do                                                               
better.   This bill is  about basic  patient rights and  there is                                                               
pretty good support, he said.                                                                                                   
                                                                                                                                
1:19:13 PM                                                                                                                    
                                                                                                                                
TOM STUDLER, Staff, to Representative  Pete Higgins, Alaska State                                                               
Legislature, directed the committee's  attention to the sectional                                                               
analysis  of HB  214.   Section  1 adds  mental health  grievance                                                               
appeals  to  the jurisdiction  of  the  Office of  Administrative                                                               
Hearings;  Section  2  requires   the  Office  of  Administrative                                                               
Hearings to  maintain confidentiality of these  records and their                                                               
grievance appeals; Section 3 amends  AS 47.30.660 by defining and                                                               
limiting the powers  and the duties of the department  on what it                                                               
can  delegate; and  Section 4  adds to  the list  of rights  of a                                                               
person   undergoing  mental   health  evaluation   or  treatment,                                                               
including involuntary commitments.                                                                                              
                                                                                                                                
1:19:59 PM                                                                                                                    
                                                                                                                                
MR. STUDLER said the additional  rights include the right to file                                                               
a grievance;  the right  to have  a designated  representative of                                                               
their choosing  to act  as their  advocate and  to assist  in the                                                               
filing  of a  grievance; the  right to  natural support  systems,                                                               
including family,  friends, and  help networks  after being  in a                                                               
locked facility  for over three  days; and the right  to maintain                                                               
confidentiality of their records.   He said Section 5 establishes                                                               
a  grievance  procedure  including a  call  center,  departmental                                                               
review,  and appeal.   It  also establishes  three categories  of                                                               
grievances  and   defines  grievance,  grievant,  and   unit,  he                                                               
explained.   Section  6  requires the  Department  of Health  and                                                               
Social  Services  (DHSS)  to provide  a  standardized  notice  of                                                               
patients' rights, assistance, and  grievance procedures.  He said                                                               
Section 7 of HB 214 requires a transition period.                                                                               
                                                                                                                                
1:20:57 PM                                                                                                                    
                                                                                                                                
MR.  STUDLER said  this  bill  has been  much  belabored to  make                                                               
changes for patients'  rights and to meet the needs  of DHSS.  He                                                               
expressed his belief  that this bill represents a  consensus.  He                                                               
explained how  the CS changes  the bill.   Section 3  was changed                                                               
after discussions  with the  Department of Law  and DHSS  so that                                                               
DHSS  can maintain  what it  needs to  do and  to delegate  those                                                               
powers necessary  to facilitate a  good mental health  program in                                                               
the state.  Section 4 was  just renumbered for the CS, he stated,                                                               
and the  definition of "unit" was  added to Section 5.   This was                                                               
for the benefit of individuals  in community health centers or in                                                               
centers  that   do  not  perform   evaluations  or   have  people                                                               
committed.  "It  takes the local community health  centers out of                                                               
the equation; they're  no longer required to  participate in this                                                               
program," he explained.                                                                                                         
                                                                                                                                
1:23:46 PM                                                                                                                    
                                                                                                                                
MR. STUDLER  said Section 7  amends the uncodified law  by adding                                                               
that the DHSS shall implement  these changes as soon as feasible.                                                               
He then  noted that he  failed to explain  a change with  the 24-                                                               
hour call center, which was removed  in an earlier version of the                                                               
bill and  will reduce the fiscal  note.  Also, defining  the term                                                               
"unit" will  further reduce the fiscal  note, he said.   He added                                                               
that he is hoping to hear from DHSS soon regarding the note.                                                                    
                                                                                                                                
CHAIR KELLER called for public testimony.                                                                                       
                                                                                                                                
The committee took an at-ease from 1:25 p.m. to 1:26 p.m.                                                                       
                                                                                                                                
1:26:40 PM                                                                                                                    
                                                                                                                                
FAITH  MYERS, Psychiatric  Patient Advocate  Volunteer, said  she                                                               
received psychiatric treatment in  2002 from the state-run Alaska                                                               
Psychiatric  Institute,  the   Providence  psychiatric  emergency                                                               
room,  and  Anchorage  Community  Mental Health  Services.    She                                                               
stated  that she  had reasons  to file  complaints that  included                                                               
denial  of service,  physical  assault, getting  a  black eye  by                                                               
staff, and  denial of basic  rights.   She explained that  in all                                                               
cases she never  received written copies of  grievance and appeal                                                               
procedures.   She  could not  file an  appeal and  did not  get a                                                               
written answer in two cases.                                                                                                    
                                                                                                                                
1:28:12 PM                                                                                                                    
                                                                                                                                
MS. MYERS  said the mentally  ill come  in all shapes  and sizes.                                                               
As a  group they are  mistreated [indiscernible].  She  urged the                                                               
passage  of  HB  214  so   that  psychiatric  patients  get  more                                                               
equitable and fair patient rights.                                                                                              
                                                                                                                                
CHAIR  KELLER  thanked  her  for   her  volunteer  work  and  her                                                               
testimony.                                                                                                                      
                                                                                                                                
1:29:21 PM                                                                                                                    
                                                                                                                                
DORRANCE COLLINS, Psychiatric  Patient Advocate Volunteer, stated                                                               
that he supports HB 214,  giving psychiatric patients an absolute                                                               
right  to  file  a  grievance  and to  appeal.    It  will  force                                                               
psychiatric  institutions  to  improve patient  care,  he  added.                                                               
[Inaudible]   As of now,  psychiatric institutions hold  too much                                                               
power  in a  patient's grievance  and appeal  process.   The DHSS                                                               
[supports] the  Alaska Psychiatric Institute where  97 percent of                                                               
its patients arrive  involuntarily, and DHSS claims  that only 15                                                               
patients  wanted to  file a  grievance  last year  and even  less                                                               
could  file an  appeal  to  resolution, he  said.   The  hospital                                                               
treats about  4,000 patients per  year, and several  thousand are                                                               
involuntarily [committed].  Providence  Hospital testified to the                                                               
HESS Committee that  only 10 patients wanted to  file a grievance                                                               
last year, he stated. [Inaudible]                                                                                               
                                                                                                                                
1:30:39 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER said the committee  is having difficulty hearing Mr.                                                               
Collins, and he asked for written comments.                                                                                     
                                                                                                                                
MR. COLLINS said the federal  government and the Joint Commission                                                               
for accreditation of  hospitals have rules that  help protect the                                                               
patient and  the grievance process,  "but there is  absolutely no                                                               
protection  for   the  psychiatric  patients  and   the  informal                                                               
complaint process."  He requested  that patients get the right to                                                               
file a  grievance at the  time of their choosing,  and "following                                                               
the initial evaluation,  psychiatric patient rights 4,  5, 7, and                                                               
9 can only  be temporarily removed if the  professional in charge                                                               
determines that granting those patients  those rights will pose a                                                               
threat to  the safety  and wellbeing of  the patient  or others."                                                               
He said HB 214 should state  that the patient advocate shall have                                                               
mental  health  advocacy  training  and that  there  will  be  an                                                               
advocate available 24 hours a day, seven days a week.                                                                           
                                                                                                                                
1:31:35 PM                                                                                                                    
                                                                                                                                
MR.  COLLINS said  patients are  locked  up on  Sunday, not  just                                                               
during the week.   They are locked up at  midnight, and they need                                                               
an advocate available all of the  time, he explained.  He said HB
214  should add  an  urgent grievance  [process].   Patients  are                                                               
often in  facilities for  less than  14 days,  and they  could be                                                               
denied their  rights the entire  time.   He said there  should be                                                               
some kind of  phone line where a patient can  call a help center.                                                               
He suggested adding  clarity to when a  patient grievance starts-                                                               
"you  tell when  it ends,  but  when does  the patient  grievance                                                               
start-when it's dropped in the box or  when they call it in?"  It                                                               
should be  in the bill, he  opined.  Closing the  loopholes in HB
214 will  determine if patients will  actually be able to  file a                                                               
grievance in a fair way, he concluded.                                                                                          
                                                                                                                                
1:33:43 PM                                                                                                                    
                                                                                                                                
CHAIR  KELLER  briefly set  aside  HB  214  in  order to  hold  a                                                               
confirmation hearing.                                                                                                           
        HB 214-MENTAL HEALTH PATIENT RIGHTS & GRIEVANCES                                                                    
                                                                                                                                
1:36:44 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER announced  that the committee will  return to public                                                               
testimony for HB 214.                                                                                                           
                                                                                                                                
J.  FAITH  BURKHART,  Executive Director,  Alaska  Mental  Health                                                               
Board,  spoke of  the changes  made by  the sponsor  for HB  214,                                                               
particularly  [the   change]  ensuring  that   behavioral  health                                                               
centers [inaudible].                                                                                                            
                                                                                                                                
The committee took an at-ease from 1:38 p.m. to 1:43 p.m.                                                                       
                                                                                                                                
1:43:55 PM                                                                                                                    
                                                                                                                                
MS. BURKHART said she will submit her comments in writing.                                                                      
                                                                                                                                
The committee took an at-ease from 1:44 p.m. to 1:45 p.m.                                                                       
                                                                                                                                
1:45:25 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER ended public testimony [audio difficulties].                                                                       
                                                                                                                                
REPRESENTATIVE   LYNN  moved   to   report   the  CS   (Committee                                                               
Substitute) to HB 214, labeled  28-LS0869\Y, Mischel, 4/4/14, out                                                               
of   committee   with    individual   recommendations   and   the                                                               
accompanying  fiscal  notes.   There  being  no  objection,  CSHB
214(JUD)  was  reported  out  of  the  House  Judiciary  Standing                                                               
Committee.                                                                                                                      
                                                                                                                                

Document Name Date/Time Subjects
HB 60 Support Letter~Alaska Commission on Aging.pdf HJUD 4/7/2014 1:00:00 PM
HB 60
HB60 Supporting Documents-Letter Caroline Wanamaker 3-20-14.pdf HJUD 4/7/2014 1:00:00 PM
HB 60
HB 214 Sponsor Statement.pdf HJUD 4/7/2014 1:00:00 PM
HB 214
CSHB214 Draft ver. P.pdf HJUD 4/7/2014 1:00:00 PM
HB 214
CSHB 214 Explanation of Changes Draft ver. P.pdf HJUD 4/7/2014 1:00:00 PM
HB 214
CSHB 214 Draft ver. P Sectional Analysis.pdf HJUD 4/7/2014 1:00:00 PM
HB 214
CSHB 214 (HSS) ver. O.pdf HJUD 4/7/2014 1:00:00 PM
HB 214
CSHB 214 (HSS) Explanation of Changes ver. O.pdf HJUD 4/7/2014 1:00:00 PM
HB 214
CSHB 214 (HSS) ver. O Sectional Analysis.pdf HJUD 4/7/2014 1:00:00 PM
HB 214
HB 214 Leg. Legal Opinion.pdf HJUD 4/7/2014 1:00:00 PM
HB 214
HB 214 Letter from JAMHI.pdf HJUD 4/7/2014 1:00:00 PM
HB 214
HB 214 Support Letter~Dorrance Collins.pdf HJUD 4/7/2014 1:00:00 PM
HB 214
HB 214 Support Letter~Faith Myers.pdf HJUD 4/7/2014 1:00:00 PM
HB 214
CS HB 108 Sponsor Statement ver. P.pdf HJUD 4/7/2014 1:00:00 PM
HB 108
CS HB 108 ver. P.PDF HJUD 4/7/2014 1:00:00 PM
HB 108
CS HB 108 Sectional Analysis 2014.pdf HJUD 4/7/2014 1:00:00 PM
HB 108
HB 108 Letter of Support-Juneau Police Department.pdf HJUD 4/7/2014 1:00:00 PM
HB 108
HB 108 Letter of Support-AK Association of Chiefs of Police.pdf HJUD 4/7/2014 1:00:00 PM
HB 108
Funding History of TraCS Program.PDF HJUD 4/7/2014 1:00:00 PM
HB 108
HB 108 Support Document~Agencies currently using TraCS.pdf HJUD 4/7/2014 1:00:00 PM
HB 108
HB 108 Support Document~Traffic stops are a danger zone for officers.pdf HJUD 4/7/2014 1:00:00 PM
HB 108
CSHB 60 Draft ver. Y.pdf HJUD 4/7/2014 1:00:00 PM
HB 60
HB 60 Sectional Analysis ver. Y.pdf HJUD 4/7/2014 1:00:00 PM
HB 60
HB 60 Legal Memo describing changes between Ver Y and Ver P.pdf HJUD 4/7/2014 1:00:00 PM
HB 60
CSHB 214 ver. Y.pdf HJUD 4/7/2014 1:00:00 PM
HB 214
CSHB 214 Sectional Analysis ver. Y.pdf HJUD 4/7/2014 1:00:00 PM
HB 214
CSHB 214 ver. Y Explanation of Changes.pdf HJUD 4/7/2014 1:00:00 PM
HB 214