Legislature(2021 - 2022)ADAMS 519

02/09/2022 01:30 PM House FINANCE

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Audio Topic
01:31:39 PM Start
01:36:23 PM HB281 || HB282
01:36:28 PM Presentation: Department of Health and Social and Social Services Executive Order 121 and Fy23 Governor's Budget Request
02:33:47 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 281 APPROP: OPERATING BUDGET/LOANS/FUNDS TELECONFERENCED
Heard & Held
+= HB 282 APPROP: MENTAL HEALTH BUDGET TELECONFERENCED
Heard & Held
+ Presentation: Department of Health and Social TELECONFERENCED
Services; Executive Order 121; FY23
Governor's Budget Request by:
Commissioner Adam Crum, Department of Health
and Social Services
+ Bills Previously Heard/Scheduled TELECONFERENCED
                  HOUSE FINANCE COMMITTEE                                                                                       
                     February 9, 2022                                                                                           
                         1:31 p.m.                                                                                              
                                                                                                                                
                                                                                                                                
1:31:39 PM                                                                                                                    
                                                                                                                                
CALL TO ORDER                                                                                                                 
                                                                                                                                
Co-Chair Foster called the House Finance Committee meeting                                                                      
to order at 1:31 p.m.                                                                                                           
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Neal Foster, Co-Chair                                                                                            
Representative Kelly Merrick, Co-Chair                                                                                          
Representative Dan Ortiz, Vice-Chair                                                                                            
Representative Ben Carpenter                                                                                                    
Representative Bryce Edgmon                                                                                                     
Representative DeLena Johnson                                                                                                   
Representative Bart LeBon                                                                                                       
Representative Sara Rasmussen                                                                                                   
Representative Steve Thompson                                                                                                   
Representative Adam Wool                                                                                                        
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Andy Josephson                                                                                                   
                                                                                                                                
ALSO PRESENT                                                                                                                  
                                                                                                                                
Adam Crum, Commissioner, Department of Health and Social                                                                        
Services; Sylvan Robb, Assistant Commissioner, Department                                                                       
of Health and Social Services.                                                                                                  
                                                                                                                                
SUMMARY                                                                                                                       
                                                                                                                                
HB 281    APPROP: OPERATING BUDGET/LOANS/FUNDS                                                                                  
                                                                                                                                
          HB 281 was HEARD and HELD in committee for                                                                            
          further consideration.                                                                                                
                                                                                                                                
HB 282    APPROP: MENTAL HEALTH BUDGET                                                                                          
                                                                                                                                
          HB 282 was HEARD and HELD in committee for                                                                            
          further consideration.                                                                                                
                                                                                                                                
PRESENTATION:  DEPARTMENT OF  HEALTH AND  SOCIAL AND  SOCIAL                                                                    
SERVICES  EXECUTIVE ORDER  121  AND  FY23 GOVERNOR'S  BUDGET                                                                    
REQUEST                                                                                                                         
                                                                                                                                
Co-Chair Foster reviewed the meeting agenda.                                                                                    
                                                                                                                                
HOUSE BILL NO. 281                                                                                                            
                                                                                                                                
     "An  Act making  appropriations for  the operating  and                                                                    
     loan  program  expenses  of state  government  and  for                                                                    
     certain   programs;    capitalizing   funds;   amending                                                                    
     appropriations;    making   reappropriations;    making                                                                    
     supplemental   appropriations;  making   appropriations                                                                    
     under art.  IX, sec.  17(c), Constitution of  the State                                                                    
     of  Alaska,  from  the  constitutional  budget  reserve                                                                    
     fund; and providing for an effective date."                                                                                
                                                                                                                                
HOUSE BILL NO. 282                                                                                                            
                                                                                                                                
     "An  Act making  appropriations for  the operating  and                                                                    
     capital    expenses   of    the   state's    integrated                                                                    
     comprehensive  mental  health program;  making  capital                                                                    
     appropriations  and  supplemental  appropriations;  and                                                                    
     providing for an effective date."                                                                                          
                                                                                                                                
1:36:23 PM                                                                                                                    
                                                                                                                                
^PRESENTATION: DEPARTMENT  OF HEALTH  AND SOCIAL  AND SOCIAL                                                                  
SERVICES  EXECUTIVE ORDER  121  AND  FY23 GOVERNOR'S  BUDGET                                                                  
REQUEST                                                                                                                       
                                                                                                                                
1:36:28 PM                                                                                                                    
                                                                                                                                
ADAM  CRUM, COMMISSIONER,  DEPARTMENT OF  HEALTH AND  SOCIAL                                                                    
SERVICES, highlighted that the  presentation would cover the                                                                    
[governor's]  proposed Department  of Health  (DOH) and  the                                                                    
Department of Family and Community Services (DFCS).                                                                             
                                                                                                                                
SYLVAN  ROBB, ASSISTANT  COMMISSIONER, DEPARTMENT  OF HEALTH                                                                    
AND SOCIAL  SERVICES, began  with a  PowerPoint presentation                                                                    
titled "Alaska  Department of  Health and  Social Services,"                                                                    
dated February 9,  2022 (copy on file).  She addressed slide                                                                    
2  and  clarified  there  was   no  FY  23  budget  for  the                                                                    
Department  of Health  and Social  Services (DHSS);  budgets                                                                    
had been  put forth for  the two new departments.  The slide                                                                    
reflected  the  combined  budgets  for  DOH  and  DFCS.  She                                                                    
pointed   out  that   including  the   investment  for   the                                                                    
reorganization,  the cost  of the  two departments  was down                                                                    
relative to FY 19 by  $22 million undesignated general funds                                                                    
(UGF).  She  relayed  that  much  of  the  overall  increase                                                                    
indicated  on  the  slide  was  federal  and  a  significant                                                                    
portion of the federal increase  was related to the enhanced                                                                    
Federal  Medical Assistance  Percentage (FMAP)  for Medicaid                                                                    
that occurred during the [COVID-19] pandemic.                                                                                   
                                                                                                                                
Commissioner Crum moved to slide  3 showing the current DHSS                                                                    
structure on  the left including the  commissioner's office,                                                                    
Finance  and  Management  Services and  nine  public  facing                                                                    
divisions. He  referred to the proposed  reorganization as a                                                                    
"pick and place"  method. He detailed the  proposal kept the                                                                    
existing  public  facing  divisions  whole  and  intact  and                                                                    
aligned them  by key function  area. He elaborated  that DOH                                                                    
would  include   the  Medicaid  divisions  of   Health  Care                                                                    
Services,   Behavioral  Health,   Senior  and   Disabilities                                                                    
Services aligned  with Public Assistance and  Public Health.                                                                    
He explained  that the groups were  responsible for payment,                                                                    
process, and  programs and did  very little  "patient touch"                                                                    
or direct care. The department's  job was to ensure programs                                                                    
were  managed,  checks  went  out the  door,  and  that  the                                                                    
beneficiaries  and eligibility  process  was continuous.  He                                                                    
highlighted  that  each of  the  two  new departments  would                                                                    
include a  commissioner's office and Finance  and Management                                                                    
Services. He explained that  Finance and Management Services                                                                    
was the internal division that moved departments along.                                                                         
                                                                                                                                
Commissioner  Crum  explained that  DFCS  would  have to  be                                                                    
broken  apart accordingly  to ensure  services required  for                                                                    
each   department   were  covered,   including   information                                                                    
technology,  budget,  finance,   and  grants  and  contracts                                                                    
staff.  The  Department  of Family  and  Community  Services                                                                    
aligned  facility   based  services  including   the  Alaska                                                                    
Psychiatric  Institute   (API),  Juvenile   Justice,  Alaska                                                                    
Pioneer Homes, and  24/7 community service of  the Office of                                                                    
Children's Services (OCS).                                                                                                      
                                                                                                                                
1:40:04 PM                                                                                                                    
                                                                                                                                
Ms. Robb moved to slide  4 showing the budget comparison for                                                                    
DFCS. She  stressed the  bars on the  slide did  not reflect                                                                    
the full  department budget.  The full  budget was  shown in                                                                    
the  blue box  on the  right side  of the  slide. She  noted                                                                    
departmental   support  services   were  not   included  and                                                                    
explained that including departmental  support in a lookback                                                                    
through  FY 19  would  have required  going  back person  by                                                                    
person to get an accurate  comparison. The bars on the slide                                                                    
reflected the  four divisions  listed by  Commissioner Crum.                                                                    
She relayed  there had been an  increase in UGF from  the FY                                                                    
19  to FY  23 budget,  which had  been spread  fairly evenly                                                                    
between each of  the divisions. There had  been a designated                                                                    
general fund (DGF)  reduction relative to FY 19  of about $5                                                                    
million, but it  had been mostly flat since FY  22. She drew                                                                    
attention  to the  large increase  in the  "other" category,                                                                    
which was primarily due to  the creation of the Pioneer Home                                                                    
payment  assistance   component  created  during   the  time                                                                    
period.  The  increase  reflected  interagency  receipts  as                                                                    
money transferred  to Pioneer Home  management. There  was a                                                                    
slight  decrease   in  federal  funding,  but   an  increase                                                                    
overall. The total DFCS budget  was $430 million and was the                                                                    
larger of the  two departments in terms  of staff, comprised                                                                    
of 1,820 individuals.                                                                                                           
                                                                                                                                
Representative  Edgmon  stated  his understanding  that  the                                                                    
change   would   result   in   two   departments   and   two                                                                    
commissioners. He  wondered whether the facilities  would be                                                                    
the same or  separate. He observed the  costs were basically                                                                    
the same [when  comparing the single department  and the two                                                                    
new departments]. He thought it deserved more explanation.                                                                      
                                                                                                                                
Ms. Robb  replied that  the last  slide of  the presentation                                                                    
laid   out  the   costs  incurred   as  a   result  of   the                                                                    
reorganization.                                                                                                                 
                                                                                                                                
Co-Chair   Foster  noted   that   Representative  Wool   and                                                                    
Representative Johnson had joined the meeting.                                                                                  
                                                                                                                                
1:43:11 PM                                                                                                                    
                                                                                                                                
Ms. Robb  moved to slide  5 and addressed the  Pioneer Homes                                                                    
that  operated   five  levels  of  care   in  six  different                                                                    
locations around the state. There  were 421 positions with a                                                                    
total  proposed FY  23 budget  of  $103.6 million  including                                                                    
$38.5 million UGF.  There was a UGF reduction from  FY 19 of                                                                    
$3.9  million  and a  reduction  of  slightly more  than  $4                                                                    
million from the  past year. She highlighted  a decrement of                                                                    
$3  million   in  the  payment  assistance   component.  She                                                                    
explained that $7 million from  the component had lapsed the                                                                    
previous year.  The department was keeping  what it believed                                                                    
to  be a  very conservative  cushion of  $4 million  for the                                                                    
current year.  She relayed that  the Anchorage  Pioneer Home                                                                    
recently  opened  a  new   "neighborhood"  for  high  acuity                                                                    
elders. She stated that even if  all of the beds in the high                                                                    
acuity  unit required  100  percent  payment assistance,  it                                                                    
only  used less  than half  of the  $4 million.  She relayed                                                                    
there had  been quite  a few changes  in the  Pioneer Homes'                                                                    
rates  and impacts  to the  number of  residents related  to                                                                    
COVID-19  in the  past several  years. Looking  forward, the                                                                    
department hoped  to smooth the  curve as it  determined the                                                                    
appropriate level of payment assistance moving forward.                                                                         
                                                                                                                                
1:45:10 PM                                                                                                                    
                                                                                                                                
Ms.  Robb advanced  to the  budget for  a new  appropriation                                                                    
titled   Inpatient   Mental   Health   on   slide   6.   The                                                                    
appropriation   was   comprised   of  API   and   Designated                                                                    
Evaluation  and  Treatment  (DET).  She  explained  the  DET                                                                    
allocation  had  previously been  part  of  the Division  of                                                                    
Behavioral Health.  She detailed  it followed  the executive                                                                    
order  statutes.  She elaborated  that  as  the funds  would                                                                    
follow  the  statutes into  DFCS.  The  budget for  the  new                                                                    
allocation was  $70.9 million  including $31.6  million UGF.                                                                    
She added that API comprised  $58 million of the $70 million                                                                    
total.                                                                                                                          
                                                                                                                                
Ms. Robb moved to slide 7  and discussed the OCS budget. She                                                                    
relayed  that OCS  was the  largest DHSS  division with  587                                                                    
employees. The  division's total  proposed FY 23  budget was                                                                    
$180 million, including $96.1 million  UGF. The slide showed                                                                    
a  $1.4  million UGF  increment  in  support of  the  Alaska                                                                    
Tribal  Child  Welfare  Compact.  The  department  had  been                                                                    
supporting the  compact and engaged with  tribes since 2017,                                                                    
but  the  $1.4  million increment  reflected  a  significant                                                                    
increase in investment.                                                                                                         
                                                                                                                                
Ms.  Robb turned  to  the Division  of  Juvenile Justice  on                                                                    
slide  8.  She  stated  there were  no  significant  changes                                                                    
proposed for the division in  FY 23. There were 426 position                                                                    
control numbers (PCNs) in the  division. The large divisions                                                                    
within DFCS  would result  in close to  500 more  staff than                                                                    
DOH.  The  division's  FY  23   budget  was  $59.8  million,                                                                    
including $57.1  million UGF. The  budget was  down slightly                                                                    
relative to  FY 22, which  was mostly  related to SB  55 and                                                                    
some salary adjustments.                                                                                                        
                                                                                                                                
1:48:22 PM                                                                                                                    
                                                                                                                                
Ms. Robb  turned to slide  9 and reviewed the  Department of                                                                    
Health operating  budget comparison. She clarified  the bars                                                                    
did   not  include   departmental   support  services.   She                                                                    
explained  the existing  departmental  support services  had                                                                    
been  split  between  the two  new  departments;  therefore,                                                                    
there was no  way to do an accurate lookback.  The totals in                                                                    
the blue  box on  the slide  were the  total budget  for DOH                                                                    
including  departmental  support  services.  The  department                                                                    
ended  up  with  1,446  PCNs  and a  budget  of  $3  billion                                                                    
(primarily  due to  Medicaid), including  $918 million  UGF.                                                                    
There was  a substantial increase  in UGF from  the previous                                                                    
year,  primarily comprised  of a  $45 million  increment for                                                                    
Medicaid.  She noted  the presentation  included a  separate                                                                    
slide on Medicaid.                                                                                                              
                                                                                                                                
Ms.  Robb  addressed  the   Division  of  Behavioral  Health                                                                    
operating budget  comparison on  slide 10. The  division had                                                                    
some fund  source shifts because  the governor's  budget had                                                                    
not been built  with the assumption the  reverse sweep would                                                                    
pass;  therefore, some  of the  amount  was backfilled  with                                                                    
UGF.  The division  also included  a  proposed decrement  of                                                                    
$790,000  UGF to  behavioral health  treatment and  recovery                                                                    
grants.                                                                                                                         
                                                                                                                                
1:50:30 PM                                                                                                                    
                                                                                                                                
Ms. Robb advanced to the  Division of Public Assistance with                                                                    
458  PCNs on  slide 11.  The only  significant change  was a                                                                    
proposed decrement  of $215,000  UGF related to  a reduction                                                                    
in  the   device  count.   She  explained   the  information                                                                    
technology (IT)  cost throughout the department  was related                                                                    
to the  number of  existing devices.  The method  provided a                                                                    
much  fairer  way  for the  department  because  there  were                                                                    
divisions  such  as API  where  staff  did  not all  have  a                                                                    
device,  whereas  some  staff   had  multiple  devices.  She                                                                    
reported the division had been  reduced by 121 positions the                                                                    
previous  year and  the decrement  reflected the  associated                                                                    
decrease in the device count.                                                                                                   
                                                                                                                                
Representative  Edgmon  looked  at the  Division  of  Public                                                                    
Assistance and asked for verification  that much of the work                                                                    
provided by the division involved processing applications.                                                                      
                                                                                                                                
Ms. Robb  agreed. She detailed the  division was responsible                                                                    
for confirming  eligibility for more  than a  dozen programs                                                                    
administered by the department.                                                                                                 
                                                                                                                                
Representative  Edgmon  asked  how  things  had  changed  in                                                                    
recent years  in terms of paper  versus digital applications                                                                    
and the resulting cost savings.                                                                                                 
                                                                                                                                
Commissioner  Crum responded  that  when the  administration                                                                    
took  over  there   had  been  a  backlog   of  over  15,000                                                                    
applications at  the Division of  Public Assistance.  One of                                                                    
the administration's  primary objectives had been  to ensure                                                                    
to address the issue. He  explained that through a change in                                                                    
leadership  and   moving  towards  an   electronic  document                                                                    
management  system and  the implementation  of virtual  call                                                                    
centers, the  department had eliminated the  backlog as well                                                                    
as  multiple letters  of correction  from federal  partners.                                                                    
The  change  had resulted  in  better  serving Alaskans  and                                                                    
gained efficiencies. There had  been an associated reduction                                                                    
in  121 positions  in FY  22  and $9  million in  associated                                                                    
savings. The division  had done a tremendous  amount of work                                                                    
processing  federal  assistance   related  to  the  COVID-19                                                                    
response.  He  stated there  were  new  expanded items  that                                                                    
required  a  bit of  a  manual  process including  emergency                                                                    
allotment  SNAP  benefits,  the pandemic  EVT  benefits  for                                                                    
school lunches, and other similar programs.                                                                                     
                                                                                                                                
1:53:56 PM                                                                                                                    
                                                                                                                                
Representative Edgmon wanted to  ensure that individuals who                                                                    
were hoping  to receive  benefits had electronic  access. He                                                                    
remarked there had been  substantial discussion on broadband                                                                    
capability and how it would  change in the future. He wanted                                                                    
to ensure  someone in the  village of Manokotak knew  how to                                                                    
apply if they could no longer submit a hard copy.                                                                               
                                                                                                                                
Commissioner  Crum answered  that the  Centers for  Medicare                                                                    
and  Medicaid Services  (CMS)  allowed telephonic  signature                                                                    
for  Medicaid  eligibility.  He detailed  the  process  took                                                                    
quite a  bit of  time on  the phone;  there was  a 45-minute                                                                    
disclaimer that  had to be  read verbally over the  phone in                                                                    
order  to meet  the criteria.  Individuals without  internet                                                                    
access   could  utilize   mail-in   paper  applications   or                                                                    
telephonic  procedures   to  ensure  accessibility   to  all                                                                    
corners of the state.                                                                                                           
                                                                                                                                
Co-Chair  Foster asked  for  verification Commissioner  Crum                                                                    
had  said there  was a  45-minute disclaimer.  He was  a bit                                                                    
shocked  by  the  timeframe  and   thought  it  would  be  a                                                                    
deterrent.                                                                                                                      
                                                                                                                                
Commissioner Crum answered in  the affirmative. He explained                                                                    
that the department tried to  encourage other ways to access                                                                    
the  application. He  stated  there  were times  individuals                                                                    
wanted to undergo  the telephonic process. He  stated it did                                                                    
not  happen  often,   but  it  was  a  time   sink  for  the                                                                    
eligibility   technician   and    the   individual   seeking                                                                    
assistance.                                                                                                                     
                                                                                                                                
Co-Chair  Foster   thought  there  had  to   be  some  other                                                                    
solution.                                                                                                                       
                                                                                                                                
Ms.  Robb  followed up  on  a  question from  Representative                                                                    
Edgmon and relayed  there was an $8  million capital request                                                                    
that  would help  with  developing  online applications  and                                                                    
notifications. She shared that in  the past, the Division of                                                                    
Public Assistance  would send and  receive 4  million pieces                                                                    
of  mail per  year.  She stated  it would  be  a benefit  to                                                                    
Alaskans needing the benefits in addition to the division.                                                                      
                                                                                                                                
1:56:23 PM                                                                                                                    
                                                                                                                                
Representative  LeBon  looked at  slide  10  related to  the                                                                    
Division of Behavioral  Health. He asked how  a decrement to                                                                    
behavioral health grants may impact the Interior.                                                                               
                                                                                                                                
Commissioner Crum  answered that he  could follow up  on the                                                                    
question. He  remarked that  since the passage  of SB  74 in                                                                    
2016, the state  had reduced behavioral health  grants as it                                                                    
transitioned behavioral  health services to the  1115 waiver                                                                    
to take  advantage of the Medicaid  expansion population and                                                                    
the  23 new  services  provided.  The department  understood                                                                    
there would  always be a  time and place for  grants because                                                                    
not  everything  would  meet   the  Medicaid  definition  of                                                                    
medical  necessity.  As  a  result,  grants  would  decrease                                                                    
slightly.  He noted  the jump  had been  very slight  in the                                                                    
current  year compared  to past  years. He  would follow  up                                                                    
with  the   information  on  impact  to   the  Interior  and                                                                    
grantees.                                                                                                                       
                                                                                                                                
Representative  Wool  stated  that  the chart  on  slide  10                                                                    
excluded  API.  He  asked  if  the  grants  were  for  other                                                                    
providers outside of  API. He referenced the  new Crisis Now                                                                    
program  being  formed by  the  Alaska  Mental Health  Trust                                                                    
Authority  (AMHTA). He  asked  where  the public  interfaced                                                                    
with behavioral health other than API.                                                                                          
                                                                                                                                
Commissioner  Crum answered  that  behavioral health  grants                                                                    
administered by  the Division of Behavioral  Health were for                                                                    
providers  who  may  not  be  signed up  to  be  a  Medicaid                                                                    
provider.  For example,  sobering centers  did not  meet the                                                                    
CMS  definition  of medical  necessity  to  be paid  for  by                                                                    
Medicaid  dollars. The  department  had worked  to create  a                                                                    
bridge in order  for behavioral health providers  to use and                                                                    
receive behavioral  health grants to provide  services while                                                                    
they  signed up  to  become  an 1115  provider  in order  to                                                                    
receive Medicaid funding and offset.  He explained that more                                                                    
money  was  coming into  the  behavioral  health system  via                                                                    
Medicaid than it would be via grants.                                                                                           
                                                                                                                                
1:59:21 PM                                                                                                                    
                                                                                                                                
Ms. Robb  moved to the  Division of Public  Health operating                                                                    
budget comparison on  slide 12. The slide  aimed to identify                                                                    
the COVID-19  funds coming into  the department in  order to                                                                    
show  a better  picture  of the  budget  absent the  unusual                                                                    
influx of funding. There were  no significant changes to the                                                                    
division's budget with the exception  of fund source changes                                                                    
related  to  the  governor's  budget  not  counting  on  the                                                                    
passage of  the reverse sweep.  The division's total  FY 213                                                                    
budget was  $125.2 million, including  $48 million  UGF. The                                                                    
division housed  427 PCNs and  operated through a  number of                                                                    
different sections.                                                                                                             
                                                                                                                                
Ms. Robb  turned to  the budget for  the Division  of Health                                                                    
Care Services on slide 13.  The division's budget included a                                                                    
decrement of $201,000 UGF related  to a 50 percent reduction                                                                    
to a contract  for a pilot program. She  elaborated that the                                                                    
work  would be  funded through  a Medicaid  1915 fee  waiver                                                                    
going forward.  During the period  from FY  19 to FY  23 the                                                                    
division's budget had been relatively stable.                                                                                   
                                                                                                                                
2:01:30 PM                                                                                                                    
                                                                                                                                
Ms.  Robb reviewed  the FY  23  budget for  the Division  of                                                                    
Senior  and Disabilities  Services  on slide  14. There  had                                                                    
been no  significant increments  or decrements  proposed for                                                                    
the  division.  The  division's total  proposed  budget  was                                                                    
$64.2 million,  including $37.6 million  UGF. She  noted the                                                                    
division's budget had been remarkably stable.                                                                                   
                                                                                                                                
Ms.  Robb  discussed  Medicaid Services  on  slide  15.  The                                                                    
budget included  a $45 million increment,  which brought the                                                                    
division's  total budget  to  $3.4  billion, including  $656                                                                    
million  UGF.  She reminded  the  committee  that since  the                                                                    
start of  the public  health emergency,  the state  had been                                                                    
receiving an enhanced  Federal Medical Assistance Percentage                                                                    
(FMAP) of 6.2  percent. She explained the  enhanced FMAP had                                                                    
greatly  benefited the  Medicaid  budget.  She reported  the                                                                    
division had received the enhanced  FMAP for two quarters in                                                                    
FY  20, which  allowed the  department to  lapse almost  $60                                                                    
million from  Medicaid. The enhanced FMAP  had been received                                                                    
for the entire FY 21 and  had lapsed $88 million in the last                                                                    
year. The enhanced  FMAP was available for the  entire FY 22                                                                    
and  the department  did not  anticipate lapsing  any funds.                                                                    
She  relayed  that  the public  health  emergency  had  been                                                                    
extended  90  days at  a  time  by the  federal  government;                                                                    
therefore,  the  department  did   not  want  to  build  the                                                                    
division's  budget  counting  on  the  continuation  of  the                                                                    
enhanced FMAP into  FY 23. The proposed  budget included the                                                                    
normal  FMAP rate.  She noted  there  were 263,000  Alaskans                                                                    
enrolled in  Medicaid in FY  22 and 182,000 people  had used                                                                    
the service.                                                                                                                    
                                                                                                                                
2:04:18 PM                                                                                                                    
                                                                                                                                
Ms. Robb  reviewed the Departmental Support  Services budget                                                                    
comparison on  slide 16. She  explained that what  was shown                                                                    
in FY 23 would  not be found in the budget  because it was a                                                                    
combination  of departmental  support services  for both  of                                                                    
the new  departments. She explained that  the method enabled                                                                    
a  comparison  of the  budgets  across  time. The  blue  box                                                                    
showed the proposed departmental  support services budget as                                                                    
$15.5 million and 62 staff for  DFCS and $39 million and 176                                                                    
staff for DOH.                                                                                                                  
                                                                                                                                
Representative  Wool referenced  Ms.  Robb's statement  that                                                                    
260,000 Alaskans were enrolled  in Medicaid and only 180,000                                                                    
used it.  He asked  if the data  reflected the  prior year's                                                                    
numbers.                                                                                                                        
                                                                                                                                
Mr. Robb agreed the information was  year to date for FY 22.                                                                    
She  detailed  that  typically   the  numbers  recorded  for                                                                    
Medicaid took  place after the  close of the fiscal  year to                                                                    
ensure there  were unduplicated  recipients. Thus  far there                                                                    
were 263,000  individuals enrolled. Anyone who  was enrolled                                                                    
on March  18, 2020  could not be  removed from  the Medicaid                                                                    
rolls during the pandemic  with several exceptions including                                                                    
death, moving out of state, or requesting to be removed.                                                                        
                                                                                                                                
Representative  Wool stated  that  he  had heard  repeatedly                                                                    
that  30 to  35 percent  of  Alaskans were  on Medicaid.  He                                                                    
understood the  data from the  department reflected  year to                                                                    
date and  there was more  time in the fiscal  year; however,                                                                    
he  observed that  180,000 out  of 260,000  was quite  a bit                                                                    
less. He  remarked that the  Medicaid spend  presumably only                                                                    
included  enrollees who  required service.  He believed  the                                                                    
dollars were divided amongst fewer people than enrollees.                                                                       
                                                                                                                                
Ms. Robb agreed.                                                                                                                
                                                                                                                                
Representative  Wool  asked   what  percentage  of  Medicaid                                                                    
enrollees used Medicaid in a typical year.                                                                                      
                                                                                                                                
2:07:53 PM                                                                                                                    
                                                                                                                                
Ms. Robb  responded it  was referred  to as  the utilization                                                                    
number. She relayed the number  had been above 80 percent in                                                                    
the past. Utilization  had been declining over  time and had                                                                    
been the  lowest in 2020  at 71 percent. She  reported there                                                                    
had been  a halt on elective  procedures in the end  of 2020                                                                    
and  many   people  had  felt  uneasy   going  into  medical                                                                    
facilities unless absolutely necessary.                                                                                         
                                                                                                                                
Representative  Wool asked  about the  status of  the dental                                                                    
option for  Medicaid recipients. He wondered  whether it had                                                                    
impacted the utilization rate.                                                                                                  
                                                                                                                                
Commissioner  Crum  replied   that  the  adult  preventative                                                                    
dental program  was still in place  as it had been  prior to                                                                    
FY 19. He would follow up with the utilization rate.                                                                            
                                                                                                                                
Representative LeBon  remarked that  the state  had expanded                                                                    
Medicaid about six to seven  years back. He asked for detail                                                                    
about  the   Medicaid  population.  He  wondered   how  many                                                                    
individuals  were enrolled  and  what  the utilization  rate                                                                    
was.                                                                                                                            
                                                                                                                                
Commissioner Crum answered  throughout the COVID-19 response                                                                    
   the   department  had  been   unable  to   do  enrollment                                                                    
verifications or  remove individuals  from Medicaid  rolls                                                                      
the  number of  eligible  and enrolled  members had  greatly                                                                    
increased. Throughout  FY 18 through  FY 20, there  had been                                                                    
about  220,000 to  230,000 enrollees.  He would  provide the                                                                    
historical  information  in  writing including  the  numbers                                                                    
prior to Medicaid expansion compared to current numbers.                                                                        
                                                                                                                                
2:10:22 PM                                                                                                                    
                                                                                                                                
Representative  LeBon asked  for the  general profile  of an                                                                    
Alaskan  brought into  Medicaid  under  expansion about  six                                                                    
years back.                                                                                                                     
                                                                                                                                
Commissioner  Crum  answered  that  the  Medicaid  expansion                                                                    
population included  individuals between  the age of  18 and                                                                    
64 who  were just  above the  poverty line.  The individuals                                                                    
included  able  bodied adults  (i.e.,  adults  who were  not                                                                    
disabled or pregnant).                                                                                                          
                                                                                                                                
Ms.  Robb turned  to slide  17 showing  the cost  related to                                                                    
implementing the executive order.  She pointed to the middle                                                                    
of the  slide showing  the required strategic  investment of                                                                    
about $1.9  million. The funding was  primarily comprised of                                                                    
interagency  receipts in  addition  to  $434,000 in  general                                                                    
funds and $313,000 in federal  funds. The administration was                                                                    
requesting 11 new PCNs and was reclassifying 10 positions.                                                                      
                                                                                                                                
Representative Edgmon  asked if there would  be a healthcare                                                                    
specialist on the  governor's staff that would  be a conduit                                                                    
to the governor's inner circle.                                                                                                 
                                                                                                                                
Commissioner Crum  answered that he  did not know.  He noted                                                                    
that every  governor's office historically changed  on their                                                                    
policy advisors and expertise.                                                                                                  
                                                                                                                                
Representative  Edgmon  asked   for  verification  that  the                                                                    
commissioner did not know.                                                                                                      
                                                                                                                                
Commissioner Crum  answered in  the affirmative. He  did not                                                                    
know  what  the future  staffing  of  the governor's  office                                                                    
would be.  He highlighted that by  splitting the department,                                                                    
an additional  expert would  be added  at the  cabinet level                                                                    
who could focus on the  items. He detailed that the position                                                                    
would be  facilities and  child welfare  based for  DFCS and                                                                    
Medicaid assistance and public health based for DOH.                                                                            
                                                                                                                                
Representative Edgmon  pointed out that a  healthcare policy                                                                    
advisor was an important  position regardless of whether the                                                                    
department remained  as is  or was split  into two  or three                                                                    
components.   He   remarked   that   organizational   charts                                                                    
referenced  a tribal  liaison and  departmental organization                                                                    
liaison; however, he did not  see the associated PCNs in the                                                                    
FY 23 budget request.                                                                                                           
                                                                                                                                
Commissioner Crum  answered that the two  positions had come                                                                    
about  from  the  department's stakeholder  engagement.  The                                                                    
department  had talked  with tribal  partners about  whether                                                                    
there  could  be  a tribal  liaison  in  the  commissioner's                                                                    
office.  There was  currently an  outstanding administrative                                                                    
order specifying  that all divisions  across the  state were                                                                    
required to  have a divisional  based tribal  liaison, which                                                                    
would  continue   to  be   in  effect.   The  goal   of  the                                                                    
commissioner's office  based tribal liaison was  to continue                                                                    
items  such  as  conversations  about how  to  maintain  the                                                                    
informal things in order to work together.                                                                                      
                                                                                                                                
Commissioner   Crum  relayed   the  department   had  gained                                                                    
strategies in the  past year on how to  approach the federal                                                                    
government  for  innovations  together.  He  explained  that                                                                    
because  the  positions  had   come  about  via  stakeholder                                                                    
engagement,  the department  was going  through the  process                                                                    
after the 60-day consideration period.  He expounded that if                                                                    
the  executive order  became law,  the administration  would                                                                    
determine  which  roles  would   be  assigned  [to  the  two                                                                    
departments] and how  to name the individuals.  The work was                                                                    
underway, and  the administration  had made a  commitment to                                                                    
the Alaska  Native Health  Board to get  the names  prior to                                                                    
the effective date.                                                                                                             
                                                                                                                                
2:15:12 PM                                                                                                                    
                                                                                                                                
Representative   Edgmon   referenced   Commissioner   Crum's                                                                    
earlier   statement  there   was  gray   area  between   the                                                                    
reorganization   of   the    department   and   the   budget                                                                    
implications.  He agreed  with the  statement. He  looked at                                                                    
slide  7 showing  the OCS  budget. His  stated his  ears had                                                                    
perked  up  at the  words  tribal  compact. He  relayed  his                                                                    
understanding  that  the  Dunleavy administration  had  been                                                                    
fairly lukewarm  on the tribal compact.  He highlighted that                                                                    
several  years  back  Governor   Dunleavy  had  vetoed  $3.4                                                                    
million for  tribal compact. He referenced  the department's                                                                    
mention of 587 OCS  employees statewide. He underscored that                                                                    
the one  element about the  department he received  the most                                                                    
complaints and  concern about  was the  lack of  ability for                                                                    
OCS to do its job.                                                                                                              
                                                                                                                                
Representative Edgmon stressed that  the system did not work                                                                    
in  some instances;  however, he  believed a  tribal compact                                                                    
represented   an  unlimited   ability   to   tap  into   the                                                                    
disproportionate  number   of  Alaska  Natives   who  cycled                                                                    
through  the   foster  care  system,   OCS,  and   DHSS.  He                                                                    
appreciated   the  governor   recognizing   the  issue   and                                                                    
including money,  but he  thought it rang  a bit  hollow. He                                                                    
highlighted  that  in  2017 the  tribal  compact  had  great                                                                    
effort   and   organization   and   tremendous   stakeholder                                                                    
involvement   across  every   sector.  He   stated  it   had                                                                    
languished for a  period of time and  the administration was                                                                    
returning to  the idea as  if it could  be a silver  wand or                                                                    
magic  bullet.  He  wanted  to   do  ensure  the  state  did                                                                    
everything  possible  to  seize  upon  the  opportunity.  He                                                                    
emphasized that  if the budget  numbers were changed  or the                                                                    
587 PCNs were  reduced, the state needed  to start involving                                                                    
tribes.                                                                                                                         
                                                                                                                                
Commissioner    Crum    appreciated    the    comments    by                                                                    
Representative  Edgmon.  He  stated  that  OCS  was  a  very                                                                    
challenging place to work because  the work was traumatic to                                                                    
the  employees.  Over  time there  had  been  an  increasing                                                                    
vacancy rate of case carrying  workers. He stated the tribal                                                                    
compact  was   an  exciting  prospect  because   it  brought                                                                    
prevention home  to communities.  He elaborated  that Alaska                                                                    
Natives  comprised 15  percent  of  the state's  population,                                                                    
while 65 percent of the  children in foster care were Alaska                                                                    
Native.  He highlighted  the  need of  engaging  at a  local                                                                    
level. He stated the administration  had been big proponents                                                                    
of the child welfare compact throughout.                                                                                        
                                                                                                                                
Commissioner Crum elaborated that  because it was a compact,                                                                    
a  consultation was  a very  iterative process  in terms  of                                                                    
what went forward. He stated  that one of the unique aspects                                                                    
about the compact was that it  had been signed but there had                                                                    
never  been a  specific  legislative  funding increment.  He                                                                    
expounded  that  internal  OCS  funding  had  been  used  to                                                                    
support  the  compact.  He explained  that  a  current  year                                                                    
budget   would  pass,   and  the   department  would   enter                                                                    
negotiations over  which services would be  provided for the                                                                    
remainder  of   the  fiscal  year.  He   reported  that  the                                                                    
department had  successfully negotiated  with tribes  in two                                                                    
separate negotiations  in the past  year to bring  forward a                                                                    
legislative item to increase investment.                                                                                        
                                                                                                                                
Commissioner  Crum   explained  that  the   additional  $1.4                                                                    
million would bring the total  investment towards the Tribal                                                                    
Child Welfare Compact up to  $3.1 million. The funding would                                                                    
enable the department  to perform work throughout  FY 22 and                                                                    
have preventative measures  entered into the mix  for FY 23.                                                                    
The  department  appreciated  the legislature's  efforts  in                                                                    
prior  years to  insert  the funding;  however, because  the                                                                    
department  had not  undergone the  consultation process  it                                                                    
could not have spent the  money. The recent negotiations had                                                                    
been very  successful and going forward  the increment would                                                                    
have  its  own line  item  in  the  budget. There  would  be                                                                    
visibility   into  performance   metrics   as  tribes   took                                                                    
advantage  of the  opportunity and  prevented children  from                                                                    
entering into the system.                                                                                                       
                                                                                                                                
2:19:43 PM                                                                                                                    
                                                                                                                                
Representative Rasmussen  stated it had been  brought to her                                                                    
attention there was a court  case involving a father who had                                                                    
been able to relinquish his  parental rights while his child                                                                    
was in  foster care. She  assumed it meant the  father would                                                                    
no  longer have  to pay  child support.  She asked  if there                                                                    
were  currently  children under  the  care  of OCS  who  had                                                                    
parents paying child support.                                                                                                   
                                                                                                                                
Commissioner Crum  replied, "Yes,  there are."  He explained                                                                    
that sometimes on  complex placement where a  child may need                                                                    
to  be  in an  assisted  living  facility there  were  still                                                                    
enveloped parents  who maintained  custody of the  child but                                                                    
could not  care for them. He  stated it was a  mixed bag. He                                                                    
stated  that   child  welfare  was  a   painful  aspect  for                                                                    
families, children, and OCS workers.                                                                                            
                                                                                                                                
Representative Rasmussen  understood the court case  she had                                                                    
mentioned was  one of the first  cases due to the  gray area                                                                    
in  statute.  She asked  if  the  situation could  become  a                                                                    
substantial budgetary item in  the future if parents decided                                                                    
to  begin  relinquishing their  rights  and  no longer  paid                                                                    
child support.                                                                                                                  
                                                                                                                                
Commissioner Crum replied that he  did not know enough about                                                                    
the topic. He would confer with staff and follow up.                                                                            
                                                                                                                                
2:21:50 PM                                                                                                                    
                                                                                                                                
Ms. Robb  had concluded  her presentation and  was available                                                                    
for questions.                                                                                                                  
                                                                                                                                
Representative  Wool referenced  the statement  that one  of                                                                    
the  new departments  would be  more public  facing and  the                                                                    
other would be  responsible for the payment  side of things.                                                                    
He  wondered  why  public  health would  be  included  in  a                                                                    
payment facing side as opposed to a public facing side.                                                                         
                                                                                                                                
Commissioner Crum  pointed to  the list  of services  on the                                                                    
left side of  slide 3 and clarified that  with the exception                                                                    
of  the commissioner's  office  and  Finance and  Management                                                                    
Services all of the divisions  listed were public facing and                                                                    
interacted with  the public.  The commissioner's  office and                                                                    
Finance and Management Services  were internal. He clarified                                                                    
the  administration  was  calling  DFCS  its  "direct  care"                                                                    
department  given  its  work   with  patients,  elders,  and                                                                    
community members around the clock.                                                                                             
                                                                                                                                
Representative  Wool  thanked   Commissioner  Crum  for  the                                                                    
clarification.                                                                                                                  
                                                                                                                                
Representative  Edgmon  asked  how  the  split  would  occur                                                                    
physically. He wondered whether  the facilities would be the                                                                    
same.                                                                                                                           
                                                                                                                                
Commissioner Crum  answered the  goal was  for no  change in                                                                    
leadership or footprint for the  public facing divisions. He                                                                    
elaborated that  API, the Division of  Juvenile Justice, and                                                                    
the Pioneer  Homes had very  set facilities. There  would be                                                                    
no  change  in  the   OCS  headquarters  or  field  offices.                                                                    
Additionally, in DOH, Health Care  Services and the Division                                                                    
of Public Assistance had  been consolidating their footprint                                                                    
over the past  two years as a natural course  of business as                                                                    
the  department  examined  its utilization  and  leases.  He                                                                    
noted that the Division  of Senior and Disabilities Services                                                                    
and  Division  of  Behavioral Health  also  fell  into  that                                                                    
category.  There would  be changes  in the  location of  the                                                                    
commissioner's  offices  within  the  Frontier  Building  in                                                                    
Anchorage and the Administrative  Office Building in Juneau.                                                                    
There would  also be changes  in the Finance  and Management                                                                    
Services  side. He  stated it  would be  one of  the biggest                                                                    
changes; Finance  and Management Services would  be carrying                                                                    
the  brunt   of  the  reorganization.  He   elaborated  that                                                                    
individuals  working  in  IT  together  would  go  from  one                                                                    
department  to another.  He explained  that individuals  who                                                                    
had worked  on programs that  were primarily with  DFCS they                                                                    
would continue to maintain the programs.                                                                                        
                                                                                                                                
2:25:59 PM                                                                                                                    
                                                                                                                                
Representative Edgmon  referenced the complex nature  of the                                                                    
department.  He  did  not  believe  the  meeting  was  doing                                                                    
justice  to  the  complexity  of  the  proposed  change.  He                                                                    
believed the  presentation had only skimmed  the surface. He                                                                    
remarked  that the  executive order  was  another topic.  He                                                                    
elaborated that  the executive order  was 97 pages  long and                                                                    
contained budget  implications on  every page. He  stated he                                                                    
personally  felt  very  inadequate   in  terms  of  his  own                                                                    
contributions to the meeting discussion.                                                                                        
                                                                                                                                
Co-Chair  Foster agreed  that  the department  was huge.  He                                                                    
stated there were  major impacts in terms  of services being                                                                    
offered  to the  public. He  considered perhaps  the impacts                                                                    
would be  great and  there may be  things the  committee was                                                                    
not  fully   understanding  at   present.  He   relayed  the                                                                    
committee  could  return  to the  discussion  again  in  the                                                                    
future.                                                                                                                         
                                                                                                                                
Commissioner  Crum offered  that  he had  more  time if  the                                                                    
committee needed to extend the meeting.                                                                                         
                                                                                                                                
Co-Chair Foster  relayed his office  would reach out  to the                                                                    
department regarding extending the discussion another time.                                                                     
                                                                                                                                
Representative  Rasmussen  asked  if  there  was  a  current                                                                    
salary  cap for  the amount  of compensation  a commissioner                                                                    
could receive.                                                                                                                  
                                                                                                                                
Commissioner   Crum  answered   that   the   salary  for   a                                                                    
commissioner was set in statute.                                                                                                
                                                                                                                                
Representative Rasmussen  asked if  there was  a cap  on the                                                                    
salary  for  a deputy  commissioner  and  on the  number  of                                                                    
deputy  commissioners or  assistant  commissioners within  a                                                                    
department.                                                                                                                     
                                                                                                                                
Commissioner  Crum answered  that he  did not  believe there                                                                    
was  a cap  on  the  salary for  a  deputy commissioner.  He                                                                    
elaborated  that salary  typically  depended  on whether  an                                                                    
individual  had   come  from   state  service.   There  were                                                                    
typically  protocols on  how far  out a  deputy commissioner                                                                    
could be  "stepped out" in  the salary range.  The structure                                                                    
varied by department.                                                                                                           
                                                                                                                                
2:28:40 PM                                                                                                                    
                                                                                                                                
Representative  Rasmussen stated  that  in  theory a  deputy                                                                    
could make more than a  commissioner. She thought the change                                                                    
seemed to provide some budget  structure and force some more                                                                    
fiscal responsibility.                                                                                                          
                                                                                                                                
Commissioner Crum agreed and stated  that the change allowed                                                                    
for   more  legislative   oversight  by   breaking  up   the                                                                    
"behemoth"  that  is the  Department  of  Health and  Social                                                                    
Services. He  elaborated that the  DHSS budget was  equal to                                                                    
12 state  departments in addition to  the legislature, court                                                                    
system, and  judiciary combined. The department  had as many                                                                    
PCNs as five other  state departments combined. He explained                                                                    
that  the  breadth and  depth  of  the services  were  vast;                                                                    
therefore, the objective  associated with the reorganization                                                                    
was to align key functions  and avoid disruption to services                                                                    
to beneficiaries  or payments to  providers. He  referred to                                                                    
the  reorganization as  the "pick  and  place" method  where                                                                    
there would be no change  in leadership or footprint for the                                                                    
public facing divisions. The goal  was for the public to see                                                                    
no change in the receipt of services.                                                                                           
                                                                                                                                
Representative  Wool   stated  it   was  a   hugely  complex                                                                    
undertaking and agency. He wondered  if the endeavor was the                                                                    
best  thing   to  undertake  in   the  fourth  year   of  an                                                                    
administration. He noted that  a new administration may have                                                                    
to  untangle  the  situation.  He  thought  it  seemed  like                                                                    
something  to  undertake at  the  beginning  of a  four-year                                                                    
term.                                                                                                                           
                                                                                                                                
2:31:04 PM                                                                                                                    
                                                                                                                                
Commissioner Crum  appreciated the  remarks. He  stated that                                                                    
the   idea    had   been    tossed   around    by   numerous                                                                    
administrations. He shared that he  had kept a great deal of                                                                    
the division  directors from  the prior  administration; the                                                                    
individuals  had worked  for the  state for  many years.  He                                                                    
relayed that the  idea for the proposal had  come from those                                                                    
employees. Over  the past year the  department had continued                                                                    
its  stakeholder engagement  in a  robust way  in order  for                                                                    
stakeholders  to understand  the  change  would not  disrupt                                                                    
services and would allow time  for commissioners offices and                                                                    
policy staff  to further engage  with community  members and                                                                    
to deal with half the crises at one time.                                                                                       
                                                                                                                                
Commissioner  Crum  highlighted   that  OCS,  API,  Juvenile                                                                    
Justice,  and the  Pioneer Homes  all  had unique  problems,                                                                    
including the  fact that  they were  all facility  based. He                                                                    
stated  that deferred  maintenance and  long-term investment                                                                    
were different plans  and skill sets to  address the issues.                                                                    
He  pointed  out that  the  aforementioned  groups were  not                                                                    
primarily  Medicaid based.  He  noted  that Medicaid's  $2.6                                                                    
billion  budget  was  one  of the  driving  factors  of  the                                                                    
state's  overall budget.  He stated  that Public  Health and                                                                    
Medicaid tended  to take the  air out  of the room.  He used                                                                    
the Pioneer Homes  as an example and  noted that eligibility                                                                    
would follow an elder into the Pioneer Home.                                                                                    
                                                                                                                                
Co-Chair Foster stated the committee  would likely follow up                                                                    
on the topic in the future.                                                                                                     
                                                                                                                                
HB  281  was  HEARD  and   HELD  in  committee  for  further                                                                    
consideration.                                                                                                                  
                                                                                                                                
HB  282  was  HEARD  and   HELD  in  committee  for  further                                                                    
consideration.                                                                                                                  
                                                                                                                                
Co-Chair  Foster reviewed  the  schedule  for the  following                                                                    
day.                                                                                                                            
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
2:33:47 PM                                                                                                                    
                                                                                                                                
The meeting was adjourned at 2:33 p.m.                                                                                          

Document Name Date/Time Subjects
DHSS Presentation HFIN FY 23 Budget- EO 2-9-2022.pdf HFIN 2/9/2022 1:30:00 PM
EO 121 01182022.pdf HFIN 2/9/2022 1:30:00 PM