Legislature(2005 - 2006)BUTROVICH 205
04/20/2005 08:30 AM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| SB74 | |
| SB125 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | SB 125 | TELECONFERENCED | |
| + | HB 136 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| = | SB 74 | ||
SB 125-LICENSING MEDICAL OR CARE FACILITIES
10:02:44 AM
CHAIR SEEKINS announced SB 125 to be up for consideration.
DR. RICHARD MANDSAGER, director, Division of Public Health,
introduced SB 125.
CHAIR SEEKINS advised the committee they were working off of
Version \F.
DR. MANDSAGER informed the committee he would use a slide
presentation to introduce SB 125.
The slide presentation, "Protecting and Promoting the Health of
all Alaskans", can be found in the bill packet.
10:04:05 AM
DR. MANDSAGER announced he is please to introduce SB 125 on
behalf of the Governor. The bill does two things; one is
implementation and standardization of the licensing and
certification functions in the Department of Health and Social
Services (DHSS), and it is also a background review of employees
working in the programs who serve vulnerable populations.
The present statutory and regulatory environment has developed
over time with different sets of statutes and different sets of
regulations. There are great differences in how different
provider types are evaluated in terms of their employees, and as
institutions, different background checks.
10:06:23 AM
CMS, the national organization for Medicare is pushing a move
nationally to deal with the issue of background checks and to
try and improve the knowledge about employees working in fields
in terms of long-term care. Alaska was awarded a pilot program
grant in December of 2004 to determine whether DHSS could reduce
the amount of fraud and neglect.
Slide 4
Currently 19 programs are administered under at least 12
different statutory schemes for licensure by DHSS.
10:10:19 AM
Slide 5
The three units that have been consolidated represent Phase I of
the consolidation process.
SENATOR FRENCH asked Dr. Mandsager to explain the green
pentagon.
DR. MANDSAGER advised it represented certification and
licensing, which is a new unit created this year.
Slide 6
Centralized Licensing and Related Administrative Procedures
Slide 7
How CSSB 125 impacts the existing statutory definition of
current DHSS licensing programs.
Slide 8
What's in CSSB 125?
Addition of a new chapter to centralize licensing and
administration of covered entities
Addition of a new article to centralize background checks
and registry functions
Updates to existing statutes
Establishes the timeline for implementation
10:12:38 AM
Slide 9
The key provisions of CSSB 125
Slide 10
Excerpt from current regulatory crosswalk
This concluded the slide presentation.
10:16:25 AM
SENATOR GUESS asked a question regarding childcare regulations.
She explained she had two constituents who lost their childcare
license, one because of check fraud and one for being arrested
for assault while being potentially sexually assaulted. Both
situations ended up in the new regulations under the variance
section. She asked whether the variance licensing would be
continuing or changing.
MS. STACY KRALY, senior assistant attorney general, Department
of Law (DOL) answered the majority of the new licensing scheme
could be very easily characterized as a cut and paste. The DOL
kept the licensure provisions that are still consistent.
10:19:08 AM
DR. MANDSAGER added the language is useful from both
perspectives. Variances should be able to be issued. He offered
to explain his proposed two amendments, most of which had to do
with renumbering.
10:20:37 AM
DR. MANDSAGER commented there were many different kinds of
volunteers and DHSS needs to foster them. Volunteers would be
defined in regulation and would be subject to background checks.
10:24:12 AM
DR. MANDSAGER explained immunity protection is offered to those
who report abuse.
10:25:20 AM
MS. KRALY explained an individual would be notified when placed
on the registry so that they could challenge their placement if
need be.
10:27:24 AM
SENATOR THERRIAULT moved Amendment 1.
Amendment to CSSB 125 (HES) in SJUD
Page 8, following line 19:
Insert a new bill section to read:
"*Sec. 16. AS 44.62.330(a) is amended by adding a new
paragraph to read:
(45) Department of Health and Social Services as
to the licensing centralized registry under AS 47.05.330 -
47.05.390;"
Renumber the following bill sections accordingly.
Page 14, line 21, following "employee":
Insert "or volunteer"
Page 14, line 22, following "(1)":
Insert "decisions,"
Following "applicant":
Insert ","
Delete "or"
Page 14, line 23:
Delete "the"
Following "employee":
Insert ", or volunteer"
Page 14, line 24, following "jurisdiction":
Insert "or medical assistance fraud under AS 47.05.210 or a
substantially similar provision in another jurisdiction"
Page 15, line 2:
Delete "and"
Following "employees":
Insert ", and volunteers"
Page 15, following line 2:
Insert new subsections to read:
"(d) An entity, individual service provider, or employee or
volunteer of an entity or individual service provider shall
report to the department if a court issues a decision, order,
judgment, or adjudication that the entity, individual service
provider, or the employee or volunteer committed medical
assistance fraud or abuse, neglect, or exploitation of a child
or a vulnerable adult. An entity, individual service provider,
or employee or volunteer of an entity or individual service
provider shall make a report under this subsection within 24
hours of receiving a decision, order, judgment, or adjudication
of medical assistance fraud or abuse, neglect, or exploitation
of a child or vulnerable adult.
(e) An entity or individual service provider shall report
to the department any allegation that an employee, volunteer, or
former employee or volunteer has committed, not more than 10
years ago, medical assistance fraud or abuse, neglect, or
exploitation of a child or vulnerable adult receiving services
from the entity or individual service provider. An entity or
individual service provider shall make a report under this
subsection within 24 hours of receiving notice of the
allegation."
Page 15, line 3:
Delete "(d)"
Insert "(f)"
Page 15, line 5:
Delete "(e)"
Insert "(g)"
Page 15, lines 10 - 11:
Delete all material.
Insert "(h) Information contained on the registry is
confidential and not subject to public inspection and copying
under AS 40.25.110 - 40.25.125. However, in accordance with
this section and regulations adopted under AS 47.05.380,
information contained on the registry may be released to
authorized entities, individual service providers, and
governmental agencies."
Page 15, lines 9 - 11:
Delete all material.
Insert "(i) A person who makes a report of medical
assistance fraud, abuse, neglect, or exploitation or submits
information to the registry, or an entity or individual service
provider that fails to hire or retain an employee because the
employee is included on the registry, is presumed to be acting
in good faith and shall be immune from civil liability and
criminal liability."
Page 15, line 15:
Delete "(h)"
Insert "(j)"
Page 15, line 29, following "AS 47.32.010(b)"
Insert "and an owner, officer, director, member, and
partner of the entity"
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SENATOR GUESS objected for the purpose of discussion and asked
who is tasked with making the report within 24 hrs.
MS. KRELY advised it would be a mandatory reporting requirement
and either the employer of DHSS would make the report to the
keeper of the registry.
SENATOR GUESS asked about an off-hours system.
MS. KRELY advised an 800 number or e-mail would be available.
CHAIR SEEKINS advised the committee he intended to have the
amendments incorporated into a committee substitute (CS) and
give them an opportunity to view the final document before
voting on it.
SENATOR GUESS asked the penalty for late reporting.
DR. MANDSAGER advised it was defined in the regulations.
Amendment 1 was adopted.
SENATOR GUESS moved Amendment 2.
Amendment #2 to CSSB 125 (HES) in SJUD
Page 22, following line 27:
Insert a new subsection to read:
"(b) The department shall, within 90 days after receiving
a written request that it do so, delegate its powers relating to
child care facilities under this chapter to a municipality that
has adopted an ordinance providing for child care licensing
under home rule powers under AS 29.10.010 or as authorized under
AS 29.35.200 - 29.35.210. A municipality to which these powers
have been delegated may adopt, by ordinance, additional
requirements for child care facilities operating within its
boundaries if the requirements meet or exceed the requirements
adopted by the department."
Page 22, line 28:
Delete "(b)"
Insert "(c)"
Hearing no objections, the motion carried.
10:35:00 AM
CHAIR SEEKINS advised Representative Sharon Cissna the committee
adopted two amendments for incorporation into a CS. He asked
that her testimony be confined to that.
REPRESENTATIVE CISSNA noted the committee had not progressed to
the point in SB 125 that she was concerned about. She offered to
speak at a future hearing.
10:38:56 AM
SB 125 was held in committee.
| Document Name | Date/Time | Subjects |
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