Legislature(2023 - 2024)BUTROVICH 205

02/28/2023 03:30 PM Senate HEALTH & SOCIAL SERVICES

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= SB 53 FIVE-YEAR INVOLUNTARY COMMITMENTS TELECONFERENCED
Heard & Held
*+ SB 51 CONTROLLED SUB. DATA: EXEMPT VETERINARIAN TELECONFERENCED
Heard & Held
-- Invited & Public Testimony --
*+ SB 59 RUNAWAYS; DFCS/DOH: DUTIES/LICENSING/INFO TELECONFERENCED
Heard & Held
-- Invited & Public Testimony --
        SB  59-RUNAWAYS; DFCS/DOH: DUTIES/LICENSING/INFO                                                                    
                                                                                                                                
4:24:50 PM                                                                                                                    
CHAIR   WILSON  reconvened   the   meeting   and  announced   the                                                               
consideration  of SENATE  BILL NO.  59  "An Act  relating to  the                                                               
licensing of runaway shelters; relating  to advisors to the board                                                               
of  trustees  of  the  Alaska   Mental  Health  Trust  Authority;                                                               
relating  to  the  sharing  of  confidential  health  information                                                               
between the  Department of  Health and  the Department  of Family                                                               
and Community Services; relating to  the duties of the Department                                                               
of Health  and the Department  of Family and  Community Services;                                                               
and providing for an effective date."                                                                                           
                                                                                                                                
4:25:48 PM                                                                                                                    
MS.   HEATHER  CARPENTER,   Deputy   Director,   Office  of   the                                                               
Commissioner, Department of Health  (DOH), Juneau, Alaska, gave a                                                               
brief history  of SB 59,  stating that in 2021  Governor Dunleavy                                                               
introduced  Executive  Order  119  that  proposed  splitting  the                                                               
Department of  Health and Social  Services into  two departments,                                                               
Department  of  Health and  Department  of  Family and  Community                                                               
Services. Governor  Dunleavy withdrew  the order due  to drafting                                                               
errors and substantive changes that  went beyond the powers of an                                                               
executive order. Last session  Governor Dunleavy reintroduced the                                                               
bill as  Executive Order 121.  The legislature adopted  the order                                                               
that took effect July 1, 2022.                                                                                                  
                                                                                                                                
4:26:41 PM                                                                                                                    
CLINTON  LASLEY,  Deputy  Commissioner, Department  of  Family  &                                                               
Community  Services, Juneau,  Alaska, said  the departments  knew                                                               
that Executive Order  121 was a large bill and  that the need for                                                               
small amendments would surface. SB  59 contains those changes. It                                                               
ensures  that  the  new  Department   of  Health  (DOH)  and  the                                                               
Department  of   Family  and  Community  Services   (DFCS)  share                                                               
important information,  including confidential,  protected health                                                               
information   necessary  to   administer  programs   within  each                                                               
department to serve Alaskans. It  provides in statute the clarity                                                               
of  work  that  the  Department of  Health  and  Social  Services                                                               
supplied.  The  two  departments  interact  daily.  For  example,                                                               
eligibility information for an individual  can pertain to DOH for                                                               
public assistance and  to DFCS for children's  services. Also, SB
59  would  make  the  commissioner  of DFCS  an  adviser  to  the                                                               
trustees of the Alaska Mental  Health Trust. The departments knew                                                               
of  the substantive  change and  that  a clean-up  bill would  be                                                               
necessary.  The   Mental  Health   Trust  supports   the  change.                                                               
Clarifying statutes  related to licensing duties  assigned to the                                                               
former Department  of Health and  Social Services  are reassigned                                                               
due to  a citation error.  Licensing related to  runaway shelters                                                               
is assigned  to DOH,  and foster homes  licensing is  assigned to                                                               
DFCS. Finally,  an amendment defines the  "department" to include                                                               
DFCS in AS 18.65.340.                                                                                                           
                                                                                                                                
4:29:48 PM                                                                                                                    
MS. CARPENTER  presented the following sectional  analysis for SB
59:                                                                                                                             
                                                                                                                                
[Original punctuation provided.]                                                                                                
                                                                                                                                
    Section   1   Amends    AS   12.62.400(a)   to   assign                                                                     
                    responsibility   for  criminal   history                                                                    
                    checks  for  the  licensing  of  runaway                                                                    
                    shelters  to  the Department  of  Health                                                                    
                    rather  than  the Department  of  Family                                                                    
                    and Community Services.  This is done to                                                                    
                    correct  a  mistake  from  EO  121  that                                                                    
                    assigned   the   licensing  of   runaway                                                                    
                    shelters  to  Department of  Family  and                                                                    
                    Community   Services   even   though   a                                                                    
                    division   of   Department   of   Health                                                                    
                    performs  this work.  Sections 4-9  also                                                                    
                   implement this correction.                                                                                   
                                                                                                                                
     Section 2 Amends AS 44.25.260 to add the Department of                                                                     
                    Family     and    Community     Services                                                                    
                    Commissioner   to   the  Alaska   Mental                                                                    
                    Health   Trust    Authority   board   of                                                                    
                    advisors.                                                                                                   
                                                                                                                                
     Section 3 Amends AS 47.05 by adding a new section:                                                                         
                    (1) requiring  the Department  of Health                                                                    
                    and Department  of Family  and Community                                                                    
                    Services   share   identifiable   health                                                                    
                    information    between     and    within                                                                    
                    departments as  necessary to  enable the                                                                    
                    efficient  and effective  administration                                                                    
                    and operation of both departments;                                                                          
     (2) establishing that information acquired, used,                                                                          
                    disclosed, and stored under this                                                                            
                    section be stored in a confidential and                                                                     
                    secure environment;                                                                                         
     (3) establishes the definition of "identifiable health                                                                     
                    information" with the existing                                                                              
                    definition in AS 18.15.395.                                                                                 
                                                                                                                                
        Sections 4-9 Amends statute to identify that the                                                                        
                  Department of  Health holds responsibility                                                                    
                  for   the   licensure  of   programs   and                                                                    
                  drafting  regulations  related to  runaway                                                                    
                  minors.                                                                                                       
                                                                                                                                
     Sections 10 Amends AS 47.32.032 to provide clarifying                                                                      
                  language in licensing statute  to identify                                                                    
                  that  the   Department   of   Family   and                                                                    
                  Community  Services  is   responsible  for                                                                    
                  foster home  licensing.  This  corrects  a                                                                    
                  mistake from  EO  121  that  assigned  the                                                                    
                  licensing of foster homes to Department of                                                                    
                  Health   even   though   a   division   of                                                                    
                  Department   of   Family   and   Community                                                                    
                  Services performs this work.                                                                                  
                                                                                                                                
      Sections 11-15 Amends AS 47.32 to provide clarifying                                                                      
                  language in  licensing  statute about  the                                                                    
                  respective       departments        having                                                                    
                  responsibility for actions related  to the                                                                    
                  entities they license.                                                                                        
                                                                                                                                
     Section 16  Establishes an immediate effective date.                                                                       
                                                                                                                                
4:34:25 PM                                                                                                                    
CHAIR  WILSON said  he had  a  question regarding  Section 2.  He                                                               
asked how often advisors attend  Alaska Mental Health Trust board                                                               
meetings and what weight their input carries.                                                                                   
                                                                                                                                
4:34:56 PM                                                                                                                    
STEVE  WILLIAMS, CEO,  Alaska Mental  Health  Trust, Anchorage  ,                                                               
Alaska,  answered that  advisors  attend once  or  twice a  year.                                                               
Commissioners  and staff  generally  attend  the board  meetings.                                                               
Various   departments  and   trustees   discuss   the  needs   of                                                               
beneficiaries, how partnerships can be  improved, and the work of                                                               
the trust. The dialogue is often very good.                                                                                     
                                                                                                                                
4:35:31 PM                                                                                                                    
CHAIR WILSON  asked if  advisors are invited  to each  meeting or                                                               
just as needed.                                                                                                                 
                                                                                                                                
4:35:40 PM                                                                                                                    
MR. WILLIAMS replied  that advisors typically are  not invited to                                                               
each  meeting. The  board meets  four times  a year  and advisors                                                               
attend once or twice a year.                                                                                                    
                                                                                                                                
CHAIR  WILSON  said  he  wanted  to  ensure  more  administrative                                                               
influence was not added to a public board.                                                                                      
                                                                                                                                
4:36:12 PM                                                                                                                    
CHAIR WILSON opened public testimony on SB 59.                                                                                  
                                                                                                                                
4:36:24 PM                                                                                                                    
CHAIR WILSON closed public testimony on SB 59.                                                                                  
                                                                                                                                
4:36:52 PM                                                                                                                    
CHAIR WILSON held SB 59 in committee.                                                                                           
                                                                                                                                

Document Name Date/Time Subjects
SB 51 Legislation V. A 2.7.2023.PDF SHSS 2/28/2023 3:30:00 PM
SB 51
SB 51 Sponsor Statement 2.7.2023.pdf SHSS 2/28/2023 3:30:00 PM
SB 51
SB 51 Sectional Analysis 2.7.2023.pdf SHSS 2/28/2023 3:30:00 PM
SB 51
SB 51 FN 1 - DCCED CBPL.pdf SHSS 2/28/2023 3:30:00 PM
SB 51
SB 51 Research 2023AKVMA-PDMP Flyer 2.7.2023.pdf SHSS 2/28/2023 3:30:00 PM
SB 51
SB 51 Research 2023AKVMA-PDMPWhitePaper 2.7.2023.pdf SHSS 2/28/2023 3:30:00 PM
SB 51
SB 51 - Support VerSteeg.pdf SHSS 2/28/2023 3:30:00 PM
SB 51
SB0059A.PDF SHSS 2/28/2023 3:30:00 PM
SB 59
SB 59 02.02.23 Imp. EO 121 TL Senate.pdf SHSS 2/28/2023 3:30:00 PM
SB 59
SB 59 Sectional Analysis (Version A) 2-15-23.pdf SHSS 2/28/2023 3:30:00 PM
SB 59
SB 59 LL0343-3-DOH-CO-1-31-2023.pdf SHSS 2/28/2023 3:30:00 PM
SB 59
SB 59 FN LL0343-3-DFCS-1-31-2023.PDF SHSS 2/28/2023 3:30:00 PM
SB 59
SB 53 Disability Law Center Senate HSS comments 2 21.pdf SHSS 2/28/2023 3:30:00 PM
SB 53
SB51 Vet Exemption from PMP - letter - Animal Policy Group.pdf SHSS 2/28/2023 3:30:00 PM
SB 51
SB 51 Hearing Slides 2023.pdf SHSS 2/28/2023 3:30:00 PM
SB 51