Legislature(2013 - 2014)CAPITOL 106

02/27/2014 08:00 AM House STATE AFFAIRS


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08:08:04 AM Start
08:08:06 AM Confirmation Hearing(s)|| Department of Administration
08:37:26 AM Department of Public Safety
08:50:59 AM HB127
09:47:24 AM HJR24
09:54:01 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Confirmation Hearings: TELECONFERENCED
- Commissioner Curtis Thayer, Dept. of
Administration
- Commissioner Gary Folger, Dept. of Public
Safety
*+ HJR 24 ARCTIC COUNCIL TELECONFERENCED
Moved CSHJR 24(STA) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 127 OMBUDSMAN TELECONFERENCED
Heard & Held
                        HB 127-OMBUDSMAN                                                                                    
                                                                                                                                
8:50:59 AM                                                                                                                    
                                                                                                                                
CHAIR LYNN  announced the next  order of business was  HOUSE BILL                                                               
NO. 127,  "An Act clarifying  that the Alaska Bar  Association is                                                               
an  agency  for  purposes  of investigations  by  the  ombudsman;                                                               
relating to  compensation of the  ombudsman and to  employment of                                                               
staff  by   the  ombudsman  under  personal   service  contracts;                                                               
providing  that certain  records  of  communications between  the                                                               
ombudsman  and an  agency  are not  public  records; relating  to                                                               
disclosure  by  an  agency to  the  ombudsman  of  communications                                                               
subject to attorney-client  and attorney work-product privileges;                                                               
relating  to   informal  and  formal  reports   of  opinions  and                                                               
recommendations  issued   by  the  ombudsman;  relating   to  the                                                               
privilege  of  the  ombudsman  not  to  testify  and  creating  a                                                               
privilege under which  the ombudsman is not  required to disclose                                                               
certain documents; relating to procedures  for procurement by the                                                               
ombudsman; relating  to the definition  of 'agency'  for purposes                                                               
of the Ombudsman Act and  providing jurisdiction of the ombudsman                                                               
over  persons   providing  certain  services  to   the  state  by                                                               
contract;  and  amending  Rules  501 and  503,  Alaska  Rules  of                                                               
Evidence."                                                                                                                      
                                                                                                                                
[Before the committee was the  proposed committee substitute (CS)                                                               
for  HB 127,  Version 28-LS0088\G,  Gardner, 2/13/14,  as a  work                                                               
draft.]                                                                                                                         
                                                                                                                                
CHAIR  LYNN relayed  that public  testimony for  HB 127  was left                                                               
open since the last hearing on 2/25/14.                                                                                         
                                                                                                                                
8:51:40 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GATTIS  [moved to  adopt] Amendment  1 to  HB 127,                                                               
Version   G,  which   read  as   follows  [original   punctuation                                                               
provided]:                                                                                                                      
                                                                                                                                
     Page 3, Line 17 after "47.14.050," delete all material                                                                     
     through the word "Services" on page 3, line 20.                                                                            
                                                                                                                                
REPRESENTATIVE GATTIS,  in response to the  chair, confirmed that                                                               
she was carrying the amendment  for Representative Isaacson.  She                                                               
said the  amendment relates  to behavioral  hospitals.   She said                                                               
one  distinction  between  being  incarcerated  and  being  in  a                                                               
behavioral hospital is that with  the latter, people can come and                                                               
go at will.                                                                                                                     
                                                                                                                                
8:53:25 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KELLER objected for purposes of discussion.                                                                      
                                                                                                                                
8:53:37 AM                                                                                                                    
                                                                                                                                
LINDA LORD-JENKINS,  Ombudsman, Office  of the  Ombudsman, stated                                                               
that she  is at a  disadvantage in  speaking to Amendment  1 when                                                               
she  does  not  know  the  motivating  factor  behind  it.    She                                                               
indicated that  the Office of  the Ombudsman does not  agree with                                                               
the  rationale  regarding  individuals  being  in  "these  homes"                                                               
voluntarily.    She  said  the individuals  that  the  office  is                                                               
considering  jurisdiction over  are  those who  have been  placed                                                               
there and  are in the  custody the Division of  Juvenile Justice,                                                               
within the  Department of  Health &  Social Services  (DHSS), and                                                               
while there  may be an agreement  to be in these  facilities at a                                                               
certain point, it  is not the understanding of the  Office of the                                                               
Ombudsman that these individuals can  come and go as they please,                                                               
because they  are in  the custody  of the  state.   She clarified                                                               
that  the office  is not  seeking  jurisdiction over  individuals                                                               
whose   parents  have   voluntarily  committed   them  to   these                                                               
facilities and who  are not in the jurisdiction of  the state; it                                                               
is looking for jurisdiction over  children who are in the custody                                                               
of the  state and have been  placed in these facilities  by court                                                               
order or pursuant to a court order.                                                                                             
                                                                                                                                
8:55:18 AM                                                                                                                    
                                                                                                                                
CHAIR  LYNN asked  Ms.  Lord-Jenkins to  confirm  that there  are                                                               
basically two categories  of people who might be in  this type of                                                               
facility:  one, a person there  by court order, and two, a person                                                               
who either  decided to be there  or was placed there  by a parent                                                               
or legal guardian.                                                                                                              
                                                                                                                                
MS. LORD-JENKINS answered that is correct.                                                                                      
                                                                                                                                
8:55:38 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   GATTIS    said   she   hoped   to    hear   from                                                               
representatives of  behavioral centers  to clarify  their process                                                               
as it may relate to other state agencies that oversee them.                                                                     
                                                                                                                                
8:56:15 AM                                                                                                                    
                                                                                                                                
KATE  BURKHART, Executive  Director, Alaska  Mental Health  Board                                                               
(AMHB), stated  that residential psychiatric services  are health                                                               
care  services and,  thus, not  the same  as incarceration.   She                                                               
recollected there was  testimony heard at the last  hearing on HB
127 as  to how the  Office of the Ombudsman  directs complainants                                                               
to alternative processes  to help people keep out of  court.  She                                                               
continued as follows:                                                                                                           
                                                                                                                                
     It is important to  understand that in these situations                                                                    
     with these  particular youths and  children, we  are in                                                                    
     court, and there is a  judicial process overseeing this                                                                    
     treatment,  as  well as  the  mechanisms  by which  the                                                                    
     Department of Health & Social  Services, the Center for                                                                    
     Medicaid  and Medicare  Services,  and the  accrediting                                                                    
     bodies  oversee these  concerns.   So, we  believe that                                                                    
     residential  psychiatric   treatments  should   not  be                                                                    
     within the purview of the Ombudsman.                                                                                       
                                                                                                                                
MS. BURKHART said she thinks  Amendment 1 also addresses concerns                                                               
that  were raised  by  Representative  Hughes regarding  ensuring                                                               
protection of health information  and compliance with federal and                                                               
state   privacy  laws   around   protected  health   information.                                                               
Further, she  said AMHB has tried  to make the point  that if the                                                               
Office  of the  Ombudsman had  jurisdiction over  these sorts  of                                                               
complaints, then  the level of  expertise and capacity  needed to                                                               
effectively deal with them would need  to be added to the office,                                                               
as  it is  not contained  within the  office's current  capacity.                                                               
She said  AMHB appreciates Amendment  1, because it  would remove                                                               
the  section   of  HB  127,   Version  G,  which   would  include                                                               
residential  psychiatric treatment  centers under  the Office  of                                                               
the Ombudsman's jurisdiction.                                                                                                   
                                                                                                                                
8:59:25 AM                                                                                                                    
                                                                                                                                
MS.  LORD-JENKINS noted  that Ms.  Burkhart had  mentioned Health                                                               
Insurance  Portability and  Accountability Act  (HIPAA), and  she                                                               
deferred to Ms. Leibowitz to address that issue.                                                                                
                                                                                                                                
8:59:35 AM                                                                                                                    
                                                                                                                                
BETH  LEIBOWITZ, Assistant  Ombudsman, Office  of the  Ombudsman,                                                               
stated that the HIPAA regulations  provide an exception for cases                                                               
where  state law  gives mandatory  access to  records.   She said                                                               
since the  statute for the  Office of the Ombudsman  mandates its                                                               
access  to   agency  records,  it   does  not  deal   with  HIPAA                                                               
regulations; it  basically has  an exception to  them.   She said                                                               
the Office of the Ombudsman  does obtain medical information and,                                                               
as  with  other  types  of  confidential  records,  is  bound  to                                                               
maintain that confidentiality.                                                                                                  
                                                                                                                                
9:00:48 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HUGHES said  Ms.  Burkhardt  was explaining  that                                                               
there  other procedures  and entities  that  can address  issues.                                                               
She  offered her  understanding that  when someone  comes to  the                                                               
Office  of  the Ombudsman  with  a  need for  investigation,  the                                                               
office  makes certain  the person  has already  gone through  the                                                               
available internal processes.   She asked how many  cases come to                                                               
the Office  of the  Ombudsman where the  person has  already gone                                                               
through  those internal  processes  and  still needs  assistance.                                                               
She further  questioned whether the  Office of the  Ombudsman has                                                               
had  any   such  cases   if  it  does   not  already   have  that                                                               
jurisdiction.                                                                                                                   
                                                                                                                                
9:01:51 AM                                                                                                                    
                                                                                                                                
MS.  LORD-JENKINS  confirmed  that  because  the  Office  of  the                                                               
Ombudsman has not had jurisdiction  over these sorts of cases, it                                                               
has  not seen  a lot  of these  complaints.   Looking at  similar                                                               
agencies,  she said  the Office  of the  Ombudsman has  routed 50                                                               
percent or  more complaints related  to the Office  of Children's                                                               
Services  (OCS) through  the process  and  "they frequently  come                                                               
back."    Regarding  the  contention  that  there  are  available                                                               
processes for  people to  follow, she stated  that OCS,  which is                                                               
one of  the Office of  the Ombudsman's biggest  individual agency                                                               
complaint  loads,  for  years  had  a  very  confusing  grievance                                                               
process - like "a black hole"  - for individuals who were unaware                                                               
of  how   to  follow  statutes   and  regulations   policies  and                                                               
procedures.   She  said  in  2011, the  Office  of the  Ombudsman                                                               
opened up an investigation into  the efficiency and effectiveness                                                               
of the OCS grievance process.   She said she assigned an attorney                                                               
to   review  the   entire  process,   and   that  revealed   many                                                               
misunderstandings  about what  the  grievance process  was.   The                                                               
statutes and  regulations were contradictory, and  grievances got                                                               
lost.  She said the Office  of the Ombudsman recommended that OCS                                                               
completely  revise  its grievance  process,  and  it did  so  and                                                               
brought the new process on line in  the spring of 2013.  She said                                                               
it is good that an agency  has a complaint process, but that does                                                               
not  guarantee the  process  is effective.    Many agencies  have                                                               
oversight - Medicaid  looks at money and OSHA  looks at workplace                                                               
safety - and  even with that oversight there  are still problems,                                                               
which  is  one  of  the  reasons  the  Office  of  the  Ombudsman                                                               
considered trying to expand its jurisdiction.                                                                                   
                                                                                                                                
REPRESENTATIVE HUGHES asked  how many of the calls  that come in,                                                               
related to  what Amendment  1 addresses, and  are routed  back to                                                               
internal processes are not addressed.                                                                                           
                                                                                                                                
MS. LORD-JENKINS  answered that the  Office of the  Ombudsman has                                                               
not tracked  that aspect  of it.   She  said a  complainant whose                                                               
complaint is  not within  the jurisdiction of  the Office  of the                                                               
Ombudsman and is  routed back to the agency and  finds the agency                                                               
has  not acted  fairly, reasonably,  and in  accordance with  its                                                               
policies,  procedures, regulations,  and statutes  can return  to                                                               
the  Office of  the  Ombudsman;  however, if  the  Office of  the                                                               
Ombudsman finds  that the  agency has  acted fairly  and followed                                                               
procedure, then it  is not going to advocate  for the complainant                                                               
just because he/she does not like the finding or answer.                                                                        
                                                                                                                                
REPRESENTATIVE HUGHES stated:                                                                                                   
                                                                                                                                
     Before we  began, I knew  this amendment  had something                                                                    
     to do with voluntary versus  not voluntary, and then we                                                                    
     learned that ... in these  residential facilities it is                                                                    
     actually directed by the court,  so it's not voluntary.                                                                    
     And  so, I'm  struggling  a little  bit.     ... I  was                                                                    
     wondering  if Kate  and others  believe  that it's  not                                                                    
     necessary for the Ombudsman  to have jurisdiction, then                                                                    
     I would think that they  would assume everything can be                                                                    
     solved through  the internal processes, right?   And if                                                                    
     everything  can   be  resolved  through   the  internal                                                                    
     processes, then  there wouldn't be anybody  leftover at                                                                    
     the end of that process  that would need the Ombudsman.                                                                    
     So, if  the Ombudsman  had oversight  ... just  in that                                                                    
     rare case  that it might  not be resolved, ...  I guess                                                                    
     I'm  struggling with  why they  might want  it removed,                                                                    
     because  they're  confident  that they're  handling  it                                                                    
     already,  and   so,  ...  the  Ombudsman   wouldn't  be                                                                    
     knocking  at their  door.   And  so, it  seems like  it                                                                    
     could  be  a  safety,  and  since  these  aren't  truly                                                                    
     voluntary,  ... I  need somebody  to  convince me  that                                                                    
     this amendment is necessary, and  I'm sorry that nobody                                                                    
     came  to talk  to  me beforehand  and  I wasn't  better                                                                    
     educated.                                                                                                                  
                                                                                                                                
9:08:16 AM                                                                                                                    
                                                                                                                                
CHAIR LYNN said  the Office of the Ombudsman might  want to check                                                               
into cases that relate to being voluntary.   He said we all go to                                                               
a doctor voluntarily, but may  find there is something about that                                                               
experience  that needs  the  intervention of  the  Office of  the                                                               
Ombudsman.                                                                                                                      
                                                                                                                                
9:08:56 AM                                                                                                                    
                                                                                                                                
MS.  BURKHART  stated,  "First and  foremost,  these  are  issues                                                               
between private  parties - a  private health care provider  and a                                                               
patient  and the  patient's  family,  and as  such  they are  not                                                               
suitable for  Ombudsman jurisdiction."   In a case where  a youth                                                               
or child has  been committed to the custody of  the Department of                                                               
Health and  Social Services,  whether to OCS  or the  Division of                                                               
Juvenile Justice, both the child  and parent(s) have an attorney.                                                               
The child will  always have a guardian ad litem  (GAL), and often                                                               
also have a court-appointed special  advocate.  She said youth or                                                               
children are committed to  residential psychiatric treatment with                                                               
the parents' consent or by court  order.  In situations where the                                                               
child is in  custody, the parents are typically  asked to consent                                                               
to  the  treatment recommendation.    If  there are  issues  with                                                               
medication,  the  court,  all  advocates,  and  the  parents  are                                                               
involved.   She said the  court exercises oversight on  a regular                                                               
basis.   She related that  she has  been involved in  cases where                                                               
there  have  been monthly  status  hearings  to ensure  that  the                                                               
treatment was  responsive to the needs  of the youth and  met the                                                               
concerns  of  the  parent.    She  cautioned  equating  grievance                                                               
procedures  set  out  by  executive  agencies  with  the  patient                                                               
advocacy  and  grievance  procedures   set  out  by  health  care                                                               
organizations.  She said the  venues, situations, and content are                                                               
completely  different,  because  it  is a  health  care  setting.                                                               
Further,  she said  the health  care organizations  providing the                                                               
services  have  grievance  procedures  separate  from  the  court                                                               
process by which the child or  youth and parent(s) can have their                                                               
complaints  resolved.    Those procedures  are  governed  by  the                                                               
Centers for  Medicare & Medicaid  Services, the entity  which has                                                               
established  patient  rights,  grievance  parameters,  rules  and                                                               
regulations guiding  access to patients  - "quality of  care, not                                                               
just funding" -  and all the procedures  are federally compliant.                                                               
She indicated involvement  in the procedures by  the creditors of                                                               
the residential psychiatric treatment.                                                                                          
                                                                                                                                
MS.  BURKHARDT said  the department,  through  its licensing  and                                                               
funding  procedures,  has  the ability  to  resolve  patient  and                                                               
parent complaint.  She said when  a child is admitted through the                                                               
court  process,  the  court-appointed social  advocates  and  GAL                                                               
communicate  with the  department, the  court, and  the treatment                                                               
team.     She  said  Alaska  is   committed  to  patient-centered                                                               
treatments.   She  said  the system  is complex,  with  a lot  of                                                               
avenues, by which people can  have their concerns addressed.  She                                                               
said  it is  not a  perfect system,  but opined  that to  provide                                                               
jurisdiction to  the Office of  the Ombudsman over a  health care                                                               
complaint  between  private  parties  is not  appropriate  and  -                                                               
considering  the   greater  context   by  which   concerns  about                                                               
treatment  can   be  resolved  -  unnecessary,   especially  when                                                               
considering  "we've  yet to  hear  a  quantified demand  for  the                                                               
service."   She  said the  department and  the providers  can all                                                               
speak to  the numbers of  concerns and complaints that  they have                                                               
addressed;  therefore, they  have a  better understanding  of the                                                               
demand  that  is  being  expressed  by  the  patients  and  their                                                               
families and how it is being addressed.                                                                                         
                                                                                                                                
9:14:53 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KREISS-TOMKINS  recollected that  Ms. Lord-Jenkins                                                               
had said  there is  no record  of the number  of calls  that have                                                               
been turned  away because of  lack of jurisdiction.   He ventured                                                               
that  the  anticipated  discussion  relating to  the  Alaska  Bar                                                               
Association (ABA) will be similar  to the current discussion.  He                                                               
mentioned a  memorandum dated 2/26,  from ABA to the  House State                                                               
Affairs Standing Committee, in which  ABA indicated the Office of                                                               
the Ombudsman had  said it turned away 11 calls  between 1993 and                                                               
2013 because  they were outside  its jurisdiction.  He  said that                                                               
is  a numerical  quantitative answer,  and he  questioned why  "a                                                               
similar  numerical quantitative  answer doesn't  exist for  cases                                                               
that would apply to what we're talking about right now."                                                                        
                                                                                                                                
9:16:19 AM                                                                                                                    
                                                                                                                                
MS.  LORD-JENKINS explained  the  reason is  that  all along  the                                                               
Office of the  Ombudsman has maintained that the  ABA was subject                                                               
to  its  jurisdiction, and  it  was  clear that  "these  contract                                                               
agencies"  were not  subject to  its  jurisdiction, so  "tracking                                                               
them was  different on  our case management  systems."   She said                                                               
when the office receives calls  about entities that are not State                                                               
of Alaska agencies or an  instrumentality "as the Bar contends it                                                               
is,"  then  those entities  are  tracked  differently and  it  is                                                               
difficult to  cull information  about them.   She  explained that                                                               
the Office of the Ombudsman has  an intake log on which it tracks                                                               
its cases;  however, it  would be  an onerous  search.   She said                                                               
with the  ABA, "we  just hit  a couple buttons  and we  have that                                                               
information."                                                                                                                   
                                                                                                                                
9:17:47 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HUGHES said  it  was helpful  to  hear [from  Ms.                                                               
Burkhardt] that the  children have two different  advocates.  She                                                               
said  "our" job  is  to  protect the  people  of  Alaska, not  to                                                               
protect  agencies,  which is  why  the  Office of  the  Ombudsman                                                               
exists.  She indicated that  in agencies with internal processes,                                                               
there could be  a tendency for bias; therefore, she  said she was                                                               
glad to  hear about those  looking out  for the sole  interest of                                                               
the children.                                                                                                                   
                                                                                                                                
9:18:49 AM                                                                                                                    
                                                                                                                                
MS.  LORD-JENKINS responded  that individuals  being watched  out                                                               
for by  guardians ad litem  or court appointed  special advocates                                                               
(CASAs) or caseworkers or attorneys  often do not agree with them                                                               
or think their  decision making is appropriate.   Sometimes there                                                               
is a difference  of opinion as to what the  best interest is, and                                                               
the Office  of the  Ombudsman often  receives complaints  of that                                                               
nature.                                                                                                                         
                                                                                                                                
9:19:32 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KREISS-TOMKINS offered  his understanding that the                                                               
purpose of a GAL is  to have an independent, impartial, objective                                                               
person  looking at  a situation  with focus  on the  child's best                                                               
interest.  He  said it is managed through the  court process and,                                                               
as such, strives for objectivity.   He asked Ms. Burkhardt if she                                                               
sees the proposed expansion of  the jurisdiction of the Office of                                                               
the  Ombudsman to  be  duplicative to  the  process that  already                                                               
exists  with  guardians ad  litem  and  the  court process.    He                                                               
requested  that  Ms.  Lord-Jenkins   elaborate  on  her  previous                                                               
response as  to how  she sees  what the  Office of  the Ombudsman                                                               
would do as not being  duplicative to what already happens within                                                               
the court process.                                                                                                              
                                                                                                                                
9:20:53 AM                                                                                                                    
                                                                                                                                
MS. LORD-JENKINS responded that a  GAL starts at the beginning of                                                               
the case  and follows it  through to the  end, and in  many cases                                                               
makes parental  decisions on  behalf of a  child or  sometimes an                                                               
adult in adult protective service cases.   She said the Office of                                                               
the  Ombudsman comes  in  part  way through  a  case  to look  at                                                               
individual, specific  complaints.   She said the  complainant may                                                               
be in  an adversarial  position with  his/her guardian  ad litem,                                                               
and the  Office of the Ombudsman  looks to see "how  they're both                                                               
behaving," including  what decisions  are being made  and whether                                                               
the  complainant is  being heard.    She said  sometimes, in  OCS                                                               
cases,  the  Office  of  the   Ombudsman  has  records  that  the                                                               
guardians ad litem have not  seen.  She stated, "We're different.                                                               
I  mean, we're  impartial and  they're supposed  to be  impartial                                                               
also,  but I  think  it's a  different  role.   I  guess I  can't                                                               
articulate  it any  better  than that."    Ms. Lord-Jenkins  said                                                               
there  are cases  related to  Adult Protective  Services and  the                                                               
Office of  Public Advocacy  (OPA) where  adults are  unhappy with                                                               
their GALs and  they complain about them a lot.   In those cases,                                                               
the  Office  of  the  Ombudsman  looks  to  see  if  the  GAL  is                                                               
responding adequately,  if the GAL  is granting enough  funds for                                                               
the adult  to live -  "that sort of  thing."  She  indicated that                                                               
these are cases where there are differences of opinion.                                                                         
                                                                                                                                
REPRESENTATIVE KREISS-TOMKINS  asked what kind of  oversight role                                                               
the court  plays with  GALs who  may be  deemed to  be performing                                                               
unsatisfactorily  or  not  to  the best  interest  of  whom  they                                                               
represent.                                                                                                                      
                                                                                                                                
9:23:31 AM                                                                                                                    
                                                                                                                                
MS. LEIBOWITZ  said the GAL  is generally selected by  the court,                                                               
and she  offered her understanding  that the GAL will  usually be                                                               
either an  OPA employee or  contractor.   She said the  court can                                                               
pick the GAL to some extent, and it can also dismiss the GAL.                                                                   
                                                                                                                                
9:24:25 AM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 9:24 a.m. to 9:28 a.m.                                                                       
                                                                                                                                
9:28:00 AM                                                                                                                    
                                                                                                                                
CHAIR LYNN  reminded those testifying  that before  the committee                                                               
was the  proposed Amendment 1 to  HB 127, Version G,  and comment                                                               
should be limited to the amendment.                                                                                             
                                                                                                                                
9:28:26 AM                                                                                                                    
                                                                                                                                
LAURA   MCKENZIE,   Director,   Quality  Improvement   and   Risk                                                               
Management,  North Star  Behavioral Health  (NSBH), testified  in                                                               
support of  the proposed Amendment 1  to HB 127, Version  G.  She                                                               
concurred with the  testimony of Ms. Burkhardt.   She stated that                                                               
NSBH not only  has an internal grievance procedure,  but also has                                                               
external grievance procedures  that are overseen by  at least six                                                               
different  entities.   She  said patient  residents  at NSBH  are                                                               
admitted at the  request of their guardians, and  the decision to                                                               
admit  and discharge  is based  on medical  necessity, not  court                                                               
order.   Additionally,  she said  all  the treatment  at NSBH  is                                                               
externally reviewed  for appropriateness, to ensure  that lengths                                                               
of stay are not inappropriately extended.                                                                                       
                                                                                                                                
9:30:10 AM                                                                                                                    
                                                                                                                                
KAREN PERDUE,  President/CEO, Alaska  State Hospital  and Nursing                                                               
Home  Association  (ASHNHA),  relayed   that  she  was  a  former                                                               
commissioner  of  DHSS  for  eight  years,  under  Governor  Tony                                                               
Knowles.   She stated support of  the proposed Amendment 1  to HB
127, Version G.   She said even though the  focus is on juveniles                                                               
in the  custody of  the department, she  foresees there  would be                                                               
jurisdiction over  private facilities  and patients,  because the                                                               
Office of  the Ombudsman would  look at processes and  the entire                                                               
practice of  an entire facility  in the context of  an individual                                                               
investigation.  She said she thinks it  is a big step to have the                                                               
legislature become  involved in the regulation  of private health                                                               
care facilities  through the Office  of the Ombudsman.   She said                                                               
it would be a big move in an  area that is highly regulated.  She                                                               
recollected  testimony   had  been  given  that   judges  provide                                                               
oversight;  however, she  said she  thinks there  are many  other                                                               
agencies that  do so.   She concluded, "I  think we do  care that                                                               
the children  are watched out for,  very much.  I  think when you                                                               
have many different parties trying  to make a decision, you ought                                                               
to have one person in charge, and  that is the judge."  She urged                                                               
the committee to support the proposed Amendment 1.                                                                              
                                                                                                                                
9:32:09 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HUGHES recollected that  someone had remarked that                                                               
if  the jurisdiction  is extended,  the Office  of the  Ombudsman                                                               
would  not have  the expertise  to  "delve into  things ...  with                                                               
health care providers."                                                                                                         
                                                                                                                                
MS. PERDUE  said she  agrees.   She said  the children  are under                                                               
direct  medical care  of physicians.    She said  the process  is                                                               
directed  by  the  judge,  and   the  care  is  directed  by  the                                                               
physician.                                                                                                                      
                                                                                                                                
9:32:58 AM                                                                                                                    
                                                                                                                                
CHAIR  LYNN  asked  who  is   responsible  for  [overseeing]  the                                                               
regulations that ASHNHA is required to follow.                                                                                  
                                                                                                                                
MS. PERDUE  responded that  the Centers  for Medicare  & Medicaid                                                               
Services have  "real teeth"  and can  make unannounced  visits in                                                               
response  to   grievances  and  can  remove   state  licenses  or                                                               
accreditation and funding.                                                                                                      
                                                                                                                                
9:33:54 AM                                                                                                                    
                                                                                                                                
MS. MCKENZIE recapped her previous testimony.                                                                                   
                                                                                                                                
9:35:32 AM                                                                                                                    
                                                                                                                                
TOM  CHARD,   Director,  Alaska  Behavioral   Health  Association                                                               
(ABHA),  indicated  that  ABHA  oversees  50  members,  including                                                               
behavioral health  centers, drug  and alcohol  treatment centers,                                                               
and mental  health centers.   He said ABHA supports  the proposed                                                               
Amendment 1  to HB 127, Version  G.  He noted  that the committee                                                               
had heard from its member,  North Star Behavioral Health, as well                                                               
as received written testimony from  Juneau Youth Services, and he                                                               
mentioned  testimony from  "Providence" regarding  the levels  of                                                               
oversight.  He said there has  been a lot of discussion regarding                                                               
detention and how many layers  of oversight there are; North Star                                                               
Behavioral Health  testified that "this is  a medical placement."                                                               
He said detention is not  being considered, because the Office of                                                               
the Ombudsman already has oversight  over OCS and the Division of                                                               
Juvenile  Justice  (DJJ).    He highlighted  that  the  issue  is                                                               
whether  the  Office  of the  Ombudsman  should  oversee  private                                                               
medical providers  and what the benefit  would be if it  did.  He                                                               
expressed  appreciation   for  Representative   Hughes'  previous                                                               
question asking what  the harm would be in adding  one more layer                                                               
of oversight.   He opined that the harm would  be allowing people                                                               
to do  something without  the necessary level  of expertise.   He                                                               
said with  its fiscal note  and current capacity, [the  Office of                                                               
the Ombudsman] is just going to  send people back to the existing                                                               
grievance  procedures, thus,  he  does not  know  what the  value                                                               
would be for anyone.                                                                                                            
                                                                                                                                
9:37:46 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KELLER   observed  that  the  use   of  the  word                                                               
"oversight" is  interesting, because the Office  of the Ombudsman                                                               
does  not oversee  - it  investigates in  an attempt  to solve  a                                                               
problem.   He stated, "I think  oversight is a bit  of a stretch,                                                               
and I've  noticed that as a  consistent concern ... that  I think                                                               
may be an overreaction, for what it's worth."                                                                                   
                                                                                                                                
MR. CHARD  responded that he appreciates  Representative Keller's                                                               
comment;  he  concurred that  [the  work  of  the Office  of  the                                                               
Ombudsman] is investigatory, not oversight.                                                                                     
                                                                                                                                
CHAIR  LYNN  said  the  Office  of the  Ombudsman  may  take  its                                                               
investigation to the  legislature, which, at some  point may have                                                               
to weigh  in on it, and  he remarked that the  legislature is not                                                               
an expert in health care.                                                                                                       
                                                                                                                                
MR. CHARD  offered his understanding that  under current statute,                                                               
if there is  a complaint that does not get  satisfied, the Office                                                               
of  the Ombudsman  has  oversight over  the  departments and  the                                                               
divisions; therefore,  it can ask  the divisions of DHSS  how the                                                               
grievances are  being settled within  the department, and  if the                                                               
Office of  the Ombudsman  is not satisfied  with the  answers, it                                                               
can, within its current jurisdiction,  "address the oversight, or                                                               
the investigation, of those complaints."                                                                                        
                                                                                                                                
9:39:29 AM                                                                                                                    
                                                                                                                                
CHAIR  LYNN  asked Representative  Keller  if  he maintained  his                                                               
objection to the  motion to adopt Amendment 1 to  HB 127, Version                                                               
G.                                                                                                                              
                                                                                                                                
REPRESENTATIVE KELLER  removed his objection, but  said he thinks                                                               
a question  has been put  on the table  that is much  larger than                                                               
the issue with  the resident care facilities.   He clarified that                                                               
removing  his  objection  does  mean he  is  convinced  that  the                                                               
jurisdiction of  the Office of  the Ombudsman does not  cover the                                                               
residential  facilities,  but  explained   that  he  needs  legal                                                               
clarification  before  deciding  what  other  amendments  may  be                                                               
needed.  He  opined that [the proposed Amendment 1]  is a step in                                                               
the right  direction, but  warned that  "we may  be going  down a                                                               
rabbit  trail that  we can't  finish  here."   He indicated  that                                                               
exempting some  agencies may be  confusing for the ones  that are                                                               
not listed,  because it  may imply  that they  are not  under the                                                               
Office of  the Ombudsman's jurisdiction.   He said he  thinks the                                                               
legislature,  as   the  entity   that  signs  checks   and  makes                                                               
appropriations,  owes it  to the  public to  provide a  means for                                                               
investigation into serious complaints by a citizen.                                                                             
                                                                                                                                
9:42:11 AM                                                                                                                    
                                                                                                                                
CHAIR  LYNN stated  an  objection to  Amendment 1.    He said  he                                                               
thinks the committee needs "other people to speak to this."                                                                     
                                                                                                                                
9:42:26 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HUGHES  said she finds  it odd that the  Office of                                                               
the Ombudsman  came forward to  request something  without having                                                               
done some kind of  tracking to assess the need for  it.  She said                                                               
she sees  what Representative  Keller is  saying and  agrees that                                                               
the  legislature   has  the  responsibility  to   protect  Alaska                                                               
citizens.    She  said  she respects  those  who  testified,  but                                                               
ventured that  if all their  grievance processes are  working, it                                                               
should not be a big deal to  give the Office of the Ombudsman the                                                               
jurisdiction it  has requested.   She indicated the  same applies                                                               
to  the  Alaska Bar  Association,  which  she acknowledged  is  a                                                               
different topic.                                                                                                                
                                                                                                                                
CHAIR LYNN  remarked, "If they  believe that their  processes are                                                               
working, we've kind of got the fox watching the chickens here."                                                                 
                                                                                                                                
9:43:52 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KREISS-TOMKINS  said he supports Amendment  1, not                                                               
because  he is  convinced  the internal  grievance processes  are                                                               
completely  objective,  but  because   there  already  exists  an                                                               
"inherently  independent"  process  through  the  court-appointed                                                               
guardians  ad  litem.    He  said he  wished  he  had  asked  Ms.                                                               
Leibowitz  how  the  Office   of  the  Ombudsman's  investigatory                                                               
recommendations would differ  from that of the judge.   He opined                                                               
that having  both is  unnecessary.   He said  he thinks  there is                                                               
merit to the  concerns raised that there should be  a fiscal note                                                               
and some sort  of "professional capacity or  expertise within the                                                               
Office  of  the  Ombudsman  to   review  these  cases";  however,                                                               
ultimately.                                                                                                                     
                                                                                                                                
9:45:44 AM                                                                                                                    
                                                                                                                                
A  roll call  vote was  taken.   Representatives Hughes,  Keller,                                                               
Millett, Kreiss-Tomkins, and Gattis voted  in favor of the motion                                                               
to adopt Amendment  1 to HB 127, Version G.   Representative Lynn                                                               
voted against it.   Therefore, Amendment 1 was adopted  by a vote                                                               
of 5-1.                                                                                                                         
                                                                                                                                
9:46:32 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GATTIS indicated  she wanted to wait  until HB 127                                                               
was  heard by  the House  Judiciary Standing  Committee to  offer                                                               
another amendment.                                                                                                              
                                                                                                                                
9:46:52 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MILLETT  said  if   the  amendment  needs  to  be                                                               
offered,  she would  do so  during the  House Judiciary  Standing                                                               
Committee's hearing on HB 127.                                                                                                  
                                                                                                                                
CHAIR LYNN announced that HB 127 was held over.                                                                                 
                                                                                                                                

Document Name Date/Time Subjects
01 HJR24 ver A.PDF HSTA 2/27/2014 8:00:00 AM
HJR 24
02 HJR24 Sponsor Statement.pdf HSTA 2/27/2014 8:00:00 AM
HJR 24
03 HJR24 Request for Equipment.pdf HSTA 2/27/2014 8:00:00 AM
HJR 24
04 HJR24 AAPC Preliminary Report Excerpt.pdf HSTA 2/27/2014 8:00:00 AM
HJR 24
05 HJR24-LEG-SESS-2-21-14.pdf HSTA 2/27/2014 8:00:00 AM
HJR 24
06 HJR24 amendment a.1.pdf HSTA 2/27/2014 8:00:00 AM
HJR 24
07 Explanation for amendment a.1 to HJR 24.pdf HSTA 2/27/2014 8:00:00 AM
HJR 24
Governor Appointment Commissioner Administration - Thayer.pdf HSTA 2/27/2014 8:00:00 AM
Governor Appointment Commissioner Public Safety - Folger.pdf HSTA 2/27/2014 8:00:00 AM
08 HJR24 Support Letter_Trimble.pdf HSTA 2/27/2014 8:00:00 AM
HJR 24