Legislature(2001 - 2002)
05/05/2001 01:10 PM Senate STA
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SB 55-PIONEERS' AND VETERANS' HOME/ADVISORY BD
CHAIRMAN THERRIAULT said it was not his intent to move SB 55 but he
would like to hear more information. Some pioneers who oppose the
bill in its current form but think there is the possibility of
working things out have contacted him. Earlier, when he asked for
information on the regulation package it was still in outline form
but he thought it might help allay some of the fears. Also, at the
House State Affairs Committee meeting the contents of the letter to
Mr. Leo Kaye from Tony Principi were read into the record and he
wondered whether Commissioner Duncan had reviewed the letter or
been in touch with the Veterans Administration (VA) and was able to
explain some of the terminology in the letter. Specifically, the
line that says, "The VA State Home per diem grant program provides
federal payments to states for eligible veterans" is unclear as to
whether the funding flows to the individual veteran or to the
state. Next, the line stating, "We look forward to working closely
with the state to help Alaska meet all federal grant requirements"
left unanswered what those grant requirements are. Finally the
mention of taking over one of the pioneer homes or a wing of a home
is quite possibly causing some concern among Pioneers.
JIM DUNCAN, Commissioner of Administration, passed out copies of a
letter he sent to the chairman of the Pioneers of Alaska
legislative committee in March 2001 and a letter about regulations
he sent to Chairman Therriault in February.
The Pioneers do have specific concerns about the legislation and he
now recommends three amendments to address those concerns.
· First, they didn't want the state pioneer home system to
fall under federal control and regulation. That has never
been the intention and to make this clear he recommends
that legislative committees add an intent section that
clearly states that it is the intention of the
legislature that this remain a state owned and operated
system located within the Department of Administration
and it is not to fall under federal rules, regulations
and requirements.
· The second recommendation is to delete the language that
refers to cooperation with the federal government from
the pioneer home statutes.
· The third recommendation stems from the concern about
putting veteran's preference in regulation and the fear
that it might result in a veterans' home and not a
pioneer/veteran home. The regulation outlined seems clear
and says the 21 percent preference will be of the fully
funded beds so if all 600 beds were funded it would be 21
percent of 600 and if there are just 500 funded beds it
would be 21 percent of 500. Preference would never be
given to more than 21 percent of the funded beds. Because
of the concerns, he recommends putting the regulation in
statute, which would resolve the concern because then it
would require legislative action to change it.
The bill drafters have been asked to look at the language again
even though they believe the current language that provides for the
21 percent preference and spousal preference is language they would
recommend putting into statute.
The name change to pioneer/veteran home is important because to
fulfill the commitment to veterans they need to be recognized in
name. The name change is also necessary from the Veterans
Administration's viewpoint.
CHAIRMAN THERRIAULT asked what is entailed in the language, "meet
all federal grant requirements."
COMMISSIONER DUNCAN responded that was in the letter to Mr. Kaye
from Department of Veterans Affairs' (VA) Secretary Principi. He
interprets that as present VA policy such as the requirements that
homes must meet so that the residents of those homes qualify for
the federal VA benefits. In the discussion with Mr. Principi they
talked about developing a model pioneer/veterans home system and
obtaining a federal waiver of the typical requirements so veterans
in the combined home could receive VA benefits. Currently there are
90 veterans in the pioneer homes in Alaska and none of them receive
per diem veteran's benefits. These benefits would flow directly to
the veteran who would use the money to help pay for their cost of
care.
Secretary Principi was clearly interested in working on this model
combined system because, if successful, it could be used throughout
the country.
CHAIRMAN THERRIAULT asked whether, as a first step, the VA would
make the change in their policy to allow veteran benefit payments
to those 90 veterans currently in the pioneer homes.
COMMISSIONER DUNCAN said that would be a big step for the VA to
make without the state taking some action to indicate a commitment
to veterans. It has to be a hand-in-hand joint effort. Lacking the
preference or name change it will be difficult for them to take a
first step.
CHAIRMAN THERRIAULT asked if a name change would be sufficient to
get the VA to change their policy so the veterans in the pioneer
system could get the VA benefits.
COMMISSIONER DUNCAN could not give a definitive answer.
CHAIRMAN THERRIAULT commented that for some seniors, the name
change is the most egregious part.
SENATOR PHILLIPS asked why there is such resistance from the World
War II generation.
COMMISSIONER DUNCAN said there is no one specific reason. First,
the pioneer home system has been in existence since 1913 and there
is ownership that has built up and change is frequently difficult.
Second, there has been some misinformation that this would mean
that pioneers who have been on the list for years would be stepped
over by veterans and they would not get into the home when desired.
Also, there is concern that pioneer women would not be treated
fairly. Last, there is concern that the homes would be under
federal control and regulation.
SENATOR PHILLIPS said veterans complained to him.
COMMISSIONER DUNCAN agreed there are some veterans with
reservations but there are a number of veterans' organizations that
have expressed support.
SENATOR PHILLIPS commented that the average age in the pioneer home
is 85 and most of them probably served in some capacity in World
War II so there must be a difference of opinion among that
generation.
COMMISSIONER DUNCAN said he thought the average age of occupancy is
87 and the waiting list is 83. He too is mystified at the
resistance.
CHAIRMAN THERRIAULT announced that because of the shifting
schedules, a number of individuals were not able to wait to
teleconference but they faxed their testimony. Most identified
themselves as pioneers who opposed the change.
He said he would like to continue to work through the interim with
Commissioner Duncan, his department and the VA to work toward an
acceptable piece of legislation. Getting a number of issues
clarified with the VA would help with the discussion.
SENATOR DAVIS thought there should definitely be some work done
with the VA. She has received letters and messages from veterans
who are not in favor of the change. They have indicated they want
something dedicated to them alone - not as a joint facility. If
they could be assured they would be adequately cared for, the
opposition might go away.
SENATOR PHILLIPS pointed out that Senator Davis' district abuts his
and the complaints he received came from the area closest to her
district so there are obviously concerns.
COMMISSIONER DUNCAN was anxious to work on the various concerns to
the legislation during the interim. They will continue to work with
the VA as well.
SENATOR DAVIS asked whether the two amendments Commissioner Duncan
recommended were in printed form.
CHAIRMAN THERRIAULT said they were not formalized.
COMMISSIONER DUNCAN responded the first two are in a letter to Bob
Hufman and the third recommendation is to incorporate the
regulations into statute.
CHAIRMAN THERRIAULT added the current statutory language with
regard to working with the federal government would be deleted.
SENATOR PHILLIPS asked for more information for the committee and
the public on the 65 percent funding reference.
COMMISSIONER DUNCAN responded if a stand alone home is built, the
federal government would provide 65 percent of the construction
costs while the state would provide 35 percent.
SENATOR PHILLIPS thought that needs to be talked about and fleshed
out during the interim.
CHAIRMAN THERRIAULT called for teleconference testimony.
ED BARBER is with the Pioneers of Alaska and lives in Anchorage. He
encouraged the committee to include all parties when they work on
this legislation in the interim. It's important to include the VA
so they can make their position known to everyone. There are many
questions that need to be answered. At least nine others wanted to
testify but were not able to wait for the committee to meet.
He stressed the importance of advertising any meetings and adhering
to whatever time schedule is set.
CHAIRMAN THERRIAULT thanked Mr. Barber for his comments and assured
him that his staff would be contacting the individuals to assure
them their faxed testimony is in the bill packet and to apologize
for the disrupted schedule.
GENE DAU testified as a disabled veteran in support of SB 55. He
asked Senator Stevens to give the bill a plug when he addressed the
joint body and he did so. This is a win-win situation according to
Senator Stevens and, as chairman of the appropriations committee,
he is in a position to help. He urged action.
CHAIRMAN THERRIAULT announced SB 55 would be held in committee to
be worked on in the interim.
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