Legislature(2023 - 2024)BUTROVICH 205

04/04/2023 03:30 PM Senate HEALTH & SOCIAL SERVICES

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Audio Topic
03:30:34 PM Start
03:31:02 PM SB106
04:02:12 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ SB 106 HOME AND COMMUNITY-BASED WAIVER SERVICES TELECONFERENCED
Heard & Held
-- Invited & Public Testimony --
+ Bills Previously Heard/Scheduled TELECONFERENCED
        SB 106-HOME AND COMMUNITY-BASED WAIVER SERVICES                                                                     
                                                                                                                                
3:31:02 PM                                                                                                                    
CHAIR WILSON  announced the consideration  of SB 106  SENATE BILL                                                               
NO. 106  "An Act relating  to home- and  community-based services                                                               
under  the  medical  assistance program;  and  providing  for  an                                                               
effective date."                                                                                                                
                                                                                                                                
He asked Senator Giessel to introduce the bull.                                                                                 
                                                                                                                                
SENATOR KAUFMAN joined the committee.                                                                                           
                                                                                                                                
3:31:33 PM                                                                                                                    
SENATOR GIESSEL, District E, speaking as the sponsor of SB 106,                                                                 
highlighted the following points to introduce the legislation:                                                                  
                                                                                                                                
   • Healthcare is most effectively  and economically provided in                                                               
     the home setting.                                                                                                          
   • People typically  feel most at  peace and calm in  their own                                                               
     homes,  which is  effective healthcare  as  it promotes  the                                                               
     body's defenses to be most functional and health-restoring.                                                                
   • It is less expensive to stay  in one's own home, rather than                                                               
     an institution.                                                                                                            
   • The  workforce  in  the  healthcare  industry  is  in  short                                                               
     supply.                                                                                                                    
   • Medicaid  emergency  rules   during  the  pandemic  provided                                                               
     reimbursement for family members providing these services.                                                                 
   • SB  106  would  continue  the  financial  reimbursement  for                                                               
     family   members  who   provide   services   as  a   legally                                                               
     responsible individual (LRI). The  payments would be through                                                               
     Medicaid.                                                                                                                  
   • There  would   be  requirements  to  assure   the  LRIs  are                                                               
     competent to provide the care.                                                                                             
   • The emergency  declaration related to the  pandemic ends May                                                               
     11.  The   Department  of  Health  is   asking  the  federal                                                               
     government  for an  extension while  it requests  making the                                                               
     program put forward in SB 106 permanent.                                                                                   
   • If the extension isn't approved, LRIs will not be paid.                                                                    
   • If it were  to pass, SB 106 would  allow legally responsible                                                               
     individuals  to apply  to a  caregiving  agency, where  they                                                               
     would  be trained  and employed  through  that agency  while                                                               
     providing care for their family.                                                                                           
   • Enabling  family caregivers  to be  paid for  their services                                                               
     can reduce financial strain,  help alleviate stress, prevent                                                               
     caregiver burnout,  and promote  better health  outcomes for                                                               
     both the caregiver and the patient.                                                                                        
   • SB  106 can  save the  state money  and improve  the overall                                                               
     quality  of care  for recipients  of  medical assistance  by                                                               
     reducing  the need  for  institutional  care. Alaskans  will                                                               
     receive better care.                                                                                                       
   • SB 106  would make  a big difference  in rural  Alaska where                                                               
     care from family is often the only option.                                                                                 
                                                                                                                                
CHAIR WILSON asked Paige Brown to present the sectional                                                                         
analysis.                                                                                                                       
                                                                                                                                
3:35:33 PM                                                                                                                    
PAIGE BROWN, Staff, Senator Cathy Giessel, Alaska State                                                                         
Legislature, presented the sectional analysis for SB 106:                                                                       
                                                                                                                                
                  Senate Bill 106 (Version B)                                                                                   
                       Sectional Analysis                                                                                       
                                                                                                                                
         Section 1. Amends AS. 47.07.045 and adds a new                                                                     
     subsection:                                                                                                            
          This  allows   the  state   to  allow   a  legally                                                                    
          responsible  individual  to  be  paid  to  provide                                                                    
          personal care  for a person who  receives Medicaid                                                                    
          under the 1915(k) state plan option.                                                                                  
                                                                                                                                
        Section 2. Amends uncodified law by adding a new                                                                    
     section:                                                                                                               
          This allows the state  to amend and submit Section                                                                    
          1 for federal approval of the revised state plan.                                                                     
                                                                                                                                
        Section 3. Amends uncodified law by adding a new                                                                    
     section:                                                                                                               
          This  legislation will  only  take  effect if  the                                                                    
          U.S.  Department  of  Health  and  Human  Services                                                                    
          approves the amendment  submitted under Section 2.                                                                    
          If the federal  government approves the amendment,                                                                    
          the  commissioner  of   health  shall  notify  the                                                                    
          revisor of  statutes not less  than 30  days after                                                                    
          receiving notice of the approval.                                                                                     
                                                                                                                                
      Section 4. Effective date conditional on approval by                                                                  
     federal government                                                                                                     
          Legislation  would take  effect  on  the 31st  day                                                                    
          after the  commissioner of health  receives notice                                                                    
          of  approval of  the amendment  in Section  1 from                                                                    
          the U.S. Department of Health and Human Services.                                                                     
                                                                                                                                
     Section 5. Immediate effective date                                                                                    
                                                                                                                                
3:36:54 PM                                                                                                                    
At ease.                                                                                                                        
                                                                                                                                
3:37:19 PM                                                                                                                    
CHAIR WILSON reconvened the meeting and moved to invited                                                                        
testimony on SB 106.                                                                                                            
                                                                                                                                
3:37:44 PM                                                                                                                    
ALEXIS RODICH,  Director, Research and Policy,  Service Employees                                                               
International   Union   775,   Washington  D.C.,   testified   by                                                               
invitation  in  support of  SB  106.  She  spoke to  the  broader                                                               
benefits  of allowing  legally responsible  family members  to be                                                               
paid  as personal  care attendants.  She stated  that this  would                                                               
help with the  increasing workforce shortage by  growing the pool                                                               
of potential  caregivers. She reported  that, per  capita, Alaska                                                               
has the  fastest-growing senior population  in the US and  one of                                                               
the  highest rates  of dementia  in  residents over  age 65.  The                                                               
workforce shortage  makes it difficult  for families to  find the                                                               
right caregiver  for their situation and  for existing caregivers                                                               
to take needed  time off. Rural Alaska in  particular is affected                                                               
by  the workforce  shortage and  in-home care  is often  the only                                                               
option.  Alaskans who  can't  find care  in  their community  are                                                               
forced  to  move,  leaving  behind  their  culture,  family,  and                                                               
community.                                                                                                                      
                                                                                                                                
MS.  RODICH stated  that it  makes good  economic sense  to allow                                                               
legally  responsible   individuals  to  become   caregivers.  She                                                               
reported  that according  to AARP,  an estimated  85,000 Alaskans                                                               
provide  unpaid  care to  a  friend  or  family member  which  is                                                               
estimated to be worth $1.2  billion per year. Often, these unpaid                                                               
caregivers  have had  to reduce  their  paid work  hours in  jobs                                                               
outside the  home or leave  the workforce altogether.  The result                                                               
is increased financial precarity  for themselves and their family                                                               
which can  create higher reliance on  public assistance programs.                                                               
She  pointed  out  that  when  family  members  are  paid  to  be                                                               
caregivers,  they have  money  to spend  in  the community  which                                                               
stimulates the  economy. Finally, the outcomes  are more positive                                                               
when  family  members provide  the  care  because there  is  more                                                               
familiarity  and   shared  cultural   values.  She   thanked  the                                                               
committee for its support.                                                                                                      
                                                                                                                                
3:40:48 PM                                                                                                                    
VERONICA  PAGE, representing  self, Anchorage,  Alaska, testified                                                               
by invitation  in support of SB  106. She urged the  committee to                                                               
support SB  106 to  allow somebody  to be paid  for caring  for a                                                               
member  of  their family  permanently.  She  shared her  personal                                                               
story of  providing 24-hour care for  her fiancé for the  past 12                                                               
years. He  was in a  debilitating car accident just  before their                                                               
wedding.  They never  got married  because  Alaska law  prohibits                                                               
somebody from  being paid to be  a caregiver for a  family member                                                               
and she had  to work to keep  a roof over their  head. She opined                                                               
that Alaskans  should have a choice.  A person who wants  to take                                                               
care of a  family member should be  paid for that work  just as a                                                               
non-family  member  is paid.  She  urged  the committee  to  help                                                               
families like hers and pass SB 106.                                                                                             
                                                                                                                                
3:46:51 PM                                                                                                                    
SARAH KRUG,  representing self,  Anchorage, Alaska,  testified by                                                               
invitation  in  support   of  SB  106.  She  works   as  a  care-                                                               
professional  educator  and as  a  direct-care  provider. She  is                                                               
raising  three children  on her  own,  one of  whom has  cerebral                                                               
palsy.   She   shared   that   her   17-year-old   son   requires                                                               
institutional-level  care but  with support  from caregivers  can                                                               
use a  power wheelchair to move  and an iPad to  communicate. She                                                               
was attending college  when her son was born but  she had to drop                                                               
out  because she  couldn't find  the specialized  care he  needed                                                               
outside an institution. She never  returned to school and is only                                                               
qualified  for low-paying  jobs. After  waiting seven  years, her                                                               
son received a  waiver for services, but it was  still a struggle                                                               
to  find and  retain  caregivers. The  revolving  door created  a                                                               
sense  of abandonment  for a  child  who did  not understand  the                                                               
reason and it was stressful for the rest of the family.                                                                         
                                                                                                                                
MS. KRUG  said caregivers aren't paid  very well and they  are in                                                               
short  supply,  which places  an  excessive  burden on  families.                                                               
Because  of  the  inconsistency  in available  care,  she's  been                                                               
unable to work enough to support  the family. Right now she's the                                                               
one providing the  consistent and quality care  her son requires.                                                               
Being paid  for some of  the work she does  for her son  has been                                                               
beneficial  for the  whole family.  She emphasized  that allowing                                                               
family   members  to   be  paid   caregivers  creates   financial                                                               
sustainability for families  like hers and keeps  people like her                                                               
son  out  of  expensive  institutions  and  in  their  homes  and                                                               
communities.                                                                                                                    
                                                                                                                                
She said COVID created chaos  but it also provided an opportunity                                                               
to reevaluate the way things  are done and find better solutions.                                                               
She said  there is no  easier one-size-fits-all solution  than to                                                               
allow an individual the option to  be paid for providing care for                                                               
a  disabled  family  member.  She urged  the  committee  to  make                                                               
Alaska's care system better by supporting SB 106.                                                                               
                                                                                                                                
3:50:56 PM                                                                                                                    
CRYSTAL HOWARD, representing self,  Wasilla, Alaska, testified by                                                               
invitation  in  support  of  SB 106  which  would  allow  legally                                                               
responsible persons to  be paid caregivers. She has  been a nurse                                                               
and caregiver for 24 years,  including for her family. She shared                                                               
that  in 2012  her six-year-old  son  was diagnosed  with a  rare                                                               
autoimmune disease  and he  was dependent  on transfusions  for a                                                               
year. She had to quit her  job and her family relied on donations                                                               
for necessities.  She eventually  had to send  her eight-year-old                                                               
son  to live  with his  grandmother. She  said her  mental health                                                               
suffered during  this highly  intense situation,  but if  she had                                                               
been able  to receive  an income  while caring  for her  son, she                                                               
would  have been  relieved of  some  of the  constant worry.  She                                                               
emphasized  that  SB 106  is  extremely  important for  the  many                                                               
struggling, unpaid caregivers  in the state. She said  we need to                                                               
do  better  because the  need  for  family caregivers  will  only                                                               
increase with the changing demographic.                                                                                         
                                                                                                                                
3:53:48 PM                                                                                                                    
CHAIR WILSON opened public testimony on SB 106.                                                                                 
                                                                                                                                
3:54:01 PM                                                                                                                    
MARGE  STONEKING,  Advocacy  Director,  AARP  Alaska,  Anchorage,                                                               
Alaska,  testified in  support of  SB  106. She  agreed with  the                                                               
previous testimony that the  direct-care workforce shortages that                                                               
accelerated  during  the  pandemic  resulted in  an  increase  in                                                               
family caregivers in  Alaska. While most are  unpaid, the federal                                                               
public health  emergency that  authorized paid  family caregivers                                                               
for those  who were receiving  Medicaid benefits has  helped, but                                                               
this  system  too  is  threatened  by  workforce  shortages.  She                                                               
explained  that   Medicaid  Home  and   Community-Based  Services                                                               
support elders  and people  with disabilities  who are  living at                                                               
home.                                                                                                                           
                                                                                                                                
MS. STONEKING cited  the following recent data  from AARP: family                                                               
caregivers in  Alaska provide  an estimated  88 million  hours of                                                               
unpaid care  for loved ones  each year;  and in 2021,  the 94,000                                                               
unpaid  caregivers  in  Alaska   provided  care  valued  at  $1.7                                                               
billion. She said  this is a significant  increase from pre-COVID                                                               
and  it  differs  from  the  nationwide  trend  of  fewer  family                                                               
caregivers  in the  same period.  This  is likely  driven by  the                                                               
rapidly  aging  population in  Alaska  and  the severity  of  the                                                               
state's workforce  crisis. She stated  that AARP supports  SB 106                                                               
to make  permanent the flexibility  to allow  legally responsible                                                               
individuals  to  be  paid caregivers  in  the  existing  homecare                                                               
agency  model. She  added  that AARP  continues  to advocate  for                                                               
policy changes to support family  caregivers with a more flexible                                                               
system to help  elders age in place. This includes  things like a                                                               
participant-directed service  model in which  Medicaid recipients                                                               
can hire friends, family, and  neighbors directly without relying                                                               
on homecare agencies.                                                                                                           
                                                                                                                                
3:57:08 PM                                                                                                                    
PATRICK  REINHART,  Executive  Director,  Governor's  Council  on                                                               
Disability  and   Special  Education,  Division  of   Senior  and                                                               
Disabilities  Services,  Department  of Health  (DOH)  Anchorage,                                                               
Alaska,  thanked the  committee for  hearing SB  106 and  Senator                                                               
Giessel for  bringing it forward.  He stated that  providing more                                                               
flexible  options  of  care  for  people  with  disabilities  and                                                               
seniors  is   a  great  idea   that  should  continue.   This  is                                                               
particularly  important   for  rural  areas  where   it  is  very                                                               
difficult to find people to do this work.                                                                                       
                                                                                                                                
3:58:53 PM                                                                                                                    
CHAIR  WILSON closed  public testimony  on SB  106. He  asked the                                                               
sponsor if she had any closing remarks.                                                                                         
                                                                                                                                
3:59:06 PM                                                                                                                    
SENATOR GIESSEL stated that when  she first looked at this topic,                                                               
she recognized  that there is  a huge  need in rural  Alaska. Her                                                               
initial  perception  was that  there  were  adequate home  health                                                               
agencies in urban Alaska but  she subsequently learned that's not                                                               
accurate. Urban  area needs SB 106  as much as rural  Alaska. She                                                               
shared a personal experience with in-home caregiving.                                                                           
                                                                                                                                
4:01:03 PM                                                                                                                    
CHAIR WILSON set an amendment deadline and held SB 106.                                                                         
                                                                                                                                

Document Name Date/Time Subjects
SB106 Vsn B.PDF SHSS 4/4/2023 3:30:00 PM
SB 106
SB106 Sponsor Statement.pdf SHSS 4/4/2023 3:30:00 PM
SB 106
SB106 Sectional Analysis.pdf SHSS 4/4/2023 3:30:00 PM
SB 106
SB 106 FN DOH SDS.pdf SHSS 4/4/2023 3:30:00 PM
SB 106
SB 106-Support-Morris-3.27.23.pdf SHSS 4/4/2023 3:30:00 PM
SB 106
SB 106-Support-Krug-3.20.23.pdf SHSS 4/4/2023 3:30:00 PM
SB 106
SB 106-Support-Mulholland-3.27.23.pdf SHSS 4/4/2023 3:30:00 PM
SB 106
SB 106-Support-Reiss-3.27.23.pdf SHSS 4/4/2023 3:30:00 PM
SB 106
SB 106-Support-Williams-3.22.23.pdf SHSS 4/4/2023 3:30:00 PM
SB 106
SB 106- Support-Page-4.3.23.pdf SHSS 4/4/2023 3:30:00 PM
SB 106
SB106 - Support Bonner.pdf SHSS 4/4/2023 3:30:00 PM
SB 106
SB 106 - Support Dalaune_Redacted.pdf SHSS 4/4/2023 3:30:00 PM
SB 106
SB 106 DOH Medicaid Svcs.pdf SHSS 4/4/2023 3:30:00 PM
SB 106