Legislature(2003 - 2004)
03/01/2004 01:35 PM Senate HES
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SB 301-PIONEERS' HOMES/VETERANS' HOMES
The committee took up SB 301.
CHAIR DYSON stated there is a proposed committee substitute
(CS), version I.
SENATOR LYDA GREEN moved to adopt version I, the proposed CS for
SB 301, for discussion purposes.
CHAIR DYSON asked if there was any objection.
SENATOR GRETCHEN GUESS objected and asked a procedural question.
She noted that she has four objections on record to Amendments 1
through 4, and questioned whether this CS addressed those
objections and whether she needed to remove her objection.
CHAIR DYSON said if she concludes those are not addressed, the
CS would be withdrawn to allow her the chance to address those
amendments.
SENATOR GUESS said Amendments 1 - 4 were Senator Green's
amendments. She withdrew her objections to those four
amendments so that the CS could be adopted.
CHAIR DYSON announced version I [labeled 23-GS2085\I, Mischel,
3/1/04] was the working document before the committee.
MR. DENNY DeWITT, Staff Assistant to Governor Murkowski
explained the changes made to version I as follows: Page 6,
line 29, "may" was changed to "shall." Page 7, lines 1 - 3, the
additional language, "The only Pioneers' Home that may be
maintained as a Veterans' Home is the Pioneers' Home located in
Palmer, Alaska." Page 8, line 6, the word "sale" was removed.
Page 9, after line 19, the section relative to veteran's
benefits and 38 U.S.C. 1110 was removed, at the recommendation
of veterans' organizations. Page 12, lines 20 - 23, in checking
with the Veterans' Administration (VA), the new definition of
veteran is a person who has been discharged from the armed
forces of the U.S., including the Alaska National Guard or the
Alaska Territorial Guard so "the discharge from the armed forces
must be other than dishonorable" was added. Also, sections
pertaining to AS 47.55.035 indicate a resident of 30 years could
go outside and maintain his/her place on the waiting list. The
administration recommends this remain in statute and that it be
addressed in another venue. AS 44.29.400 was put together in
1992 to try and build a self-sustaining Veterans' Home in
Alaska, and it didn't work. Therefore, this bill involves state
participation in the cost of care to the Veterans' Home.
Regarding Sec. 25 (b) and (c), in 2002, the Legislature passed
legislation regarding a pilot project to use the Pioneers' Homes
collectively as a Veterans' Home. This has not been - and it is
unlikely that it will be - acceptable to the Veterans'
Administration.
SENATOR GUESS referred to Sec. 25 and asked, "Why not keep those
on the record? Would repealing these mean that we couldn't,
without coming back to this body, build a self-sustaining
Veterans' Home and/or have a pilot?"
MR. DeWITT responded he doubts that either of those would be the
case. In the first instance, language on page 6, line 31,
allows for the operation of one or more Veterans' Homes.
Regarding the envisioned pilot program, it would take additional
congressional action, but it could be taken advantage of because
Sec. 15 is broad enough. He said they are cleaning the books of
things that are extremely unlikely to ever be used. Regarding
AS 44.29.400, there is a conflict between what SB 301 allows and
what this section requires, so it's important to repeal that
section. He explained that in 1992 when this was added, the
directive to the department/administration was to develop a
process where state funding would not be [indisc.] to the
Veterans' Home. The operations would be fully carried by folks
in the home. There are explanations as to why it fiscally won't
work, he added.
SENATOR GUESS confirmed that under the CS, nothing prohibits
having a self-sustaining facility or a pilot program.
SENATOR LYDA GREEN asked if "020" was the pilot project.
MR. DeWITT replied it was in the original bill, and referenced
the Department of Health and Social Service (DH&SS).
CHAIR DYSON said the legal department advised that making this
specific to the Palmer Pioneer Home might be challenged
constitutionally because of being single purpose legislation; he
asked if this issue has been analyzed.
MR. DeWITT said the administration had a slightly different
opinion and it's important to articulate the reasons for
conversion of the Palmer Pioneer Home. He explained it would
become a state Veterans' Home, working with the U.S. Department
of Veterans' Affairs. There is a change in the operational
nature of that home because they will support only a limited
number of beds as a Veterans' Home; there is a limitation of 79
beds, and a waiver of 3 beds. Changing from a Pioneers' to a
Veterans' Home - although it will be operated almost identically
to a Pioneers' Home, and by the same division - creates a
defensible difference. Palmer has been articulated in the bill
because changing a physical home to another use is a public
policy issue that needs to be debated by the Legislature.
According to their attorney general, there is significant public
policy that would be upheld by any court of law.
SENATOR GREEN inquired about which department would operate the
Home, and the significance of that.
1:52 p.m.
MR. DeWITT said Marian Harmon's (ph) administering of the Palmer
Pioneers' Home would continue for as long as she would like.
The Pioneers' Homes are operated by the DHSS, and the Veterans'
Home will also be operated through the same division. The
intent is to operate the Palmer Pioneers' Home - soon to be the
Palmer Veterans' Home - similarly to operating the other
Pioneers' Homes. VA regulations require that 75 percent of the
residents are veterans, while 25 percent need not be veterans.
The existing Pioneer Home waiting list will be used to fill that
other 25 percent. It will be difficult to detect differences in
the operation of the Palmer Home from other homes in the system
because those differences will be slight. The social model
developed in the early '90s will be used, as it's been extremely
successful. The VA observed our operations and returned to
Washington D.C. interested in what we've demonstrated regarding
appropriate care for the geriatric population. "We think they
are more likely to move towards us than we'll have to move
towards them," he said.
CHAIR DYSON asked if the attorney general would offer counsel in
writing on the single purpose challenge.
MR. DeWITT said this could be received in writing by the time SB
301 was in Senate Finance.
CHAIR DYSON said he would appreciate this, but wouldn't hold the
bill up. He said he understood if "general purpose" law could
do the job, there shouldn't be a special purpose law.
MR. DeWITT noted that although the administration didn't bring
that amendment, they could defend it. That's a choice for the
committee and the Legislature to take.
CHAIR DYSON said the amendment was to give comfort that this
specific remedy wouldn't spread to other facilities without due
consideration.
MR. DeWITT said the assistant attorney general views this
similarly to building another facility in a specified place in
Alaska. For example, if the Legislature decided to construct a
Veterans' Home it wouldn't be considered as special legislation
any more than changing the function of a specific Pioneers'
Home.
CHAIR DYSON wondered if the attorney general considered it wise
to amend and include severability language in the bill so that
progress on the bill wouldn't be negated in case particular
wording is challenged.
SENATOR GREEN moved to adopt the SB 301 Letter of Intent,
entitled "Health, Education, and Social Services Committee
Alaska State Senate Letter of Intent."
CHAIR DYSON asked if there was any objection. Seeing none, it
was so ordered.
MR. HARRY JENKINS testified via teleconference and asked about
bringing the abandoned hospital in Wasilla up to code rather
than putting money into the Palmer Pioneers' Home.
CHAIR DYSON said various experts felt this option would not be
suitable and it would be far more expensive to bring the
building up to code.
MS. PATTI SKONDOVITCH testified via teleconference, and asked
why Alaska is the only state that doesn't have a Veterans' Home
that is paid for by the U.S. Government.
MS. PAT FLEMMING, Pioneers of Alaska, testified from Wasilla,
expressing concern about letting Pioneers' Homes deteriorate.
She suggested legislative oversight of leasing or renting that
might take place within the Pioneers' Home System. She wondered
if the federal VA system recognizes the Alaska Pioneers' System
as being unique.
2:00 p.m.
MR. DeWITT responded VA representatives were in Alaska last
August and visited the Palmer Valley Hospital in Palmer, and
concluded that the cost would be prohibitive; it would be more
difficult and the likelihood of the hospital being successful
was not as probable as the Palmer Home. It was partially
economics and partially construction issues. He responded it
isn't accurate that Alaska is the only state without a Veterans'
Home paid for by the U.S. government. The federal government
assists in the building of state Veterans' Homes, participating
in 65 percent of the capital costs while the states provide the
other 35 percent. Alaska will get that same cost sharing.
Currently there are three states without Veterans' Homes -
Delaware, Hawaii, and Alaska - Hawaii is a bit ahead of Alaska
in constructing a Home. Delaware is also applying and is a bit
behind Alaska. Mr. DeWitt said soon all 50 states would have
homes.
SENATOR GREEN moved to report version I, CSSB 301 (HES), out of
committee with the accompanying fiscal notes and the Letter of
Intent.
CHAIR DYSON asked if there was any objection. Seeing and
hearing none, it was so ordered.
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