Legislature(2021 - 2022)BUTROVICH 205

03/30/2021 01:30 PM Senate HEALTH & SOCIAL SERVICES

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 92 MISSING PERSONS UNDER 21 YEARS OLD TELECONFERENCED
Heard & Held
-- Invited & Public Testimony --
-- Rescheduled from 3/23/2021 --
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= SB 89 ASSISTED LIVING HOMES: HOUSE RULES TELECONFERENCED
Moved SB 89 Out of Committee
+= SB 98 ADULT FOSTER CARE FOR DISABLED TELECONFERENCED
Moved SB 98 Out of Committee
            SB  89-ASSISTED LIVING HOMES: HOUSE RULES                                                                       
                                                                                                                                
1:49:17 PM                                                                                                                    
CHAIR WILSON  announced the consideration  of SENATE BILL  NO. 89                                                               
"An Act relating to house rules for assisted living homes."                                                                     
                                                                                                                                
1:49:50 PM                                                                                                                    
SENATOR BEGICH recollected asking  a question about the revisor                                                                 
instruction on page 3 lines  23-26, that related to the executive                                                               
order. He recalled  being told there might be  an executive order                                                               
coming  forward to  split the  department. He  said the  deadline                                                               
passed but  he wants  confirmation that  the committee  agreed to                                                               
leave  the revisor's  instruction in  the  bill in  the event  an                                                               
executive order is  moved forward at some point as  the bill goes                                                               
through the process.                                                                                                            
                                                                                                                                
1:50:35 PM                                                                                                                    
SENATOR HUGHES stated  that in the event  another executive order                                                               
is issued,  prior to gaveling  in for the Second  Regular Session                                                               
of  the  Thirty  Second Legislature,  the  revisor's  instruction                                                               
would take care  of it. The revisor's instruction  should be left                                                               
in the bill for that reason.                                                                                                    
                                                                                                                                
SENATOR  BEGICH commented  that line  24 says  the First  Regular                                                               
Session                                                                                                                         
                                                                                                                                
SENATOR HUGHES  explained the First  Regular Session  would cover                                                               
until the legislature  gavels in. As an example,  she stated that                                                               
if  another  executive  order  is issued  in  October,  then  the                                                               
revisor's instruction  would take  care of it  or even  a special                                                               
session within a session.                                                                                                       
                                                                                                                                
SENATOR BEGICH  responded it  would not  cover a  special session                                                               
because it is  only for the First Regular Session.  He said it is                                                               
not an issue and may be removed later in the process.                                                                           
                                                                                                                                
1:51:39 PM                                                                                                                    
SENATOR  REINBOLD  requested  someone   from  Health  and  Social                                                               
Services define 'unreasonably' as found  in Section 2 line 8, "An                                                               
assisted  living   home  may   not  adopt   a  house   rule  that                                                               
unreasonably restricts  a right  of a  resident... ."  She stated                                                               
the  word  is  obviously  debatable  and  could  be  a  point  of                                                               
contention in the future.                                                                                                       
                                                                                                                                
1:52:03 PM                                                                                                                    
CHAIR WILSON asked Mr. Lee to answer.                                                                                           
                                                                                                                                
1:52:15 PM                                                                                                                    
JOHN  LEE,   Director,  Division   of  Senior   and  Disabilities                                                               
Services,  Department  of  Health  and  Social  Services  (DHSS),                                                               
Palmer, Alaska, stated SB 89 attempts  to align with 42 CFR (Code                                                               
of  Federal Regulations).  Forty-two CFR  is very  specific about                                                               
residents having  a right to  visitors of their choosing,  at the                                                               
time  of  their choosing.  Any  rules  limiting the  individuals                                                                
ability to have  visitors would be a violation.  Mr. Lee deferred                                                               
to Craig Baxter for further comment.                                                                                            
                                                                                                                                
1:53:16 PM                                                                                                                    
CRAIG  BAXTER,  Program  Manager, Residential  Licensing,  Health                                                               
Care  Services,  DHSS,  Anchorage,   Alaska,  stated  that  as  a                                                               
licensing agency,  to demonstrate reasonableness, it  is standard                                                               
practice to have a facility  put the rational for an unreasonable                                                               
house rule restriction  into a residents  care  plan. A treatment                                                               
team,  consisting  of  a  guardian,   care  coordinator  and,  if                                                               
necessary, a  behavioral health  provider and/or  physician, must                                                               
sign off on any rule restrictions that impact an individual.                                                                    
                                                                                                                                
1:54:03 PM                                                                                                                    
CHAIR WILSON  found no  further questions  or comments  and asked                                                               
for a motion.                                                                                                                   
                                                                                                                                
1:54:08 PM                                                                                                                    
SENATOR HUGHES  moved to  report SB  89, work  order 32-GS1675\A,                                                               
from  committee  with  individual  recommendations  and  attached                                                               
fiscal note(s).                                                                                                                 
                                                                                                                                
CHAIR WILSON found  no objection and SB 89 was  reported from the                                                               
Senate Health and Social Services Standing Committee.                                                                           

Document Name Date/Time Subjects