Legislature(2005 - 2006)BUTROVICH 205

04/20/2005 08:30 AM JUDICIARY


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ SB 125 LICENSING MEDICAL OR CARE FACILITIES TELECONFERENCED
Heard & Held
+ HB 136 DRUNK DRIVING TREATMENT PROGRAM TELECONFERENCED
Scheduled But Not Heard
+ Bills Previously Heard/Scheduled TELECONFERENCED
= SB 74 CRIMES INVOLVING MARIJUANA/OTHER DRUGS
Heard & Held
          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"                                                                        
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     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."                                                                                                                    
                                                                                                                                
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     Delete "(d)"                                                                                                               
                                                                                                                                
     Insert "(f)"                                                                                                               
                                                                                                                                
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     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."                                                                                                            
                                                                                                                                
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     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