Legislature(1995 - 1996)
02/14/1995 03:06 PM House HES
| Audio | Topic |
|---|
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE HEALTH, EDUCATION AND SOCIAL SERVICES
STANDING COMMITTEE
February 14, 1995
3:06 p.m.
MEMBERS PRESENT
Representative Cynthia Toohey, Co-Chair
Representative Con Bunde, Co-Chair
Representative Al Vezey
Representative Norman Rokeberg
Representative Caren Robinson
Representative Tom Brice
MEMBERS ABSENT
Representative Gary Davis
COMMITTEE CALENDAR
* HB 28:"An Act relating to the possession of weapons within the
grounds of or on the parking lot of preschools,
elementary, junior high, and secondary schools or while
participating in a school-sponsored event; requiring the
expulsion or suspension of students possessing deadly
weapons on school grounds; and relating to school lockers
and other containers provided in a public or private
school by the school or the school district."
SCHEDULED BUT NOT HEARD
CONFIRMATION HEARINGS:
Karen Perdue, Department of Health and Social Services
Brian Carter, William McCain, Mary Lou Madden and Christine Niemi
for the Professional Teaching Practices Commission.
* HJR 18: "Relating to medical savings account legislation."
PASSED OUT OF COMMITTEE
WITNESS REGISTER
KAREN PERDUE, Commissioner Designee
Department of Health and Social Services
350 Main Street, Room 229
Juneau, AK 99801
Telephone: (907) 465-3030
CHRISTINE NIEMI, Administrator
Teacher Education and Certification
Alaska Department of Education
801 W. 10th Street, Suite 200
Juneau, AK 99801
Telephone: (907) 465-2857
BRIAN L. CARTER, Interim Principal/Teacher
Salcha Elementary School
613 Pleasure Drive
North Pole, AK 99705
Telephone: (907) 488-6684
Interviewed via teleconference from Salcha.
WILLIAM A. McCAIN, Teacher
Chugiak Elementary School
P.O. Box 873042
Wasilla, AK 99687
Telephone: (907) 376-0653
Interviewed via teleconference from Chugiak.
MARY LOU MADDEN, Provost/Vice President
Sheldon Jackson College
801 Lincoln Street
Sitka, AK 99835
Telephone: (907) 747-5215
Interviewed via teleconference from Sitka.
ROD MOURANT, Administrative Assistant
Representative Pete Kott's Office
Room 432, State Capitol
Juneau, AK 99801
Telephone: (907) 465-3777
POSITION STATEMENT: Provided sponsor statement for HJR 18.
PREVIOUS ACTION
BILL: HB 28
SHORT TITLE: POSSESSION OF GUNS ON SCHOOL PROPERTY
BILL VERSION:
SPONSOR(S): REPRESENTATIVE(S)
BUNDE,Rokeberg,Green,Toohey,Kott,Elton
JRN-DATE JRN-PG ACTION
01/06/95 28 (H) PREFILE RELEASED
01/16/95 28 (H) READ THE FIRST TIME - REFERRAL(S)
01/16/95 28 (H) HES, JUD, FIN
01/18/95 75 (H) COSPONSOR(S): GREEN
01/20/95 104 (H) COSPONSOR(S): TOOHEY
01/27/95 161 (H) COSPONSOR(S): KOTT, ELTON
02/14/95 (H) HES AT 03:00 PM CAPITOL 106
BILL: HJR 18
SHORT TITLE: SUPPORT MEDICAL SAVINGS ACCT LEGISLATION
BILL VERSION:
SPONSOR(S): REPRESENTATIVE(S) KOTT
JRN-DATE JRN-PG ACTION
01/20/95 100 (H) READ THE FIRST TIME - REFERRAL(S)
01/20/95 100 (H) HEALTH, EDUCATION & SOCIAL SERVICES
02/14/95 (H) HES AT 03:00 PM CAPITOL 106
ACTION NARRATIVE
TAPE 95-7, SIDE A
Number 000
CO-CHAIR CON BUNDE called the meeting to order at 3:06 p.m.
Members present at the call to order were Representatives Bunde,
Toohey, Vezey and Robinson. Co-Chair Bunde announced that a quorum
was present and read the calendar.
HHES - 02/14/95
HB 28 - POSSESSION OF GUNS ON SCHOOL PROPERTY
CO-CHAIR BUNDE stated that HB 28 would be held until February 21,
1995.
HHES - 02/14/95
CONFIRMATION HEARING - COMMISSIONER DESIGNEE KAREN PERDUE
Number 067
KAREN PERDUE, Commissioner Designee for the Department of Health
and Social Services (DHSS), offered to answer any questions the
HESS Committee members may have about her background. She said she
was originally from Fairbanks and announced that the dean of
students from her high school, and other members of her community,
were present. Both Ms. Perdue and her husband have family members
in the Fairbanks area.
Number 160
MS. PERDUE said that she previously worked for the United States
Congress under Senator Ted Stevens and learned how the governmental
process works. She feels this was valuable experience, considering
the federal changes which are pending in the area of Health and
Social Services. Ms. Perdue also worked in the Alaska state
government working for former Lt. Governor Terry Miller. She
learned a lot about public service from that job.
Number 192
MS. PERDUE stated that she has served under three governors in
program management and administration. A number of years ago she
left Juneau for Fairbanks and has been working as a consultant to
human services agencies. She has learned a lot about human service
delivery and making services more efficient. She comes back to
Juneau with enthusiasm for new approaches.
Number 240
CO-CHAIR BUNDE said that one of the issues that comes repeatedly
before the legislature is that of welfare reform. He asked Ms.
Perdue if she had any ideas to share about that topic and how to
make the system more efficient.
MS. PERDUE said she thought the state was about to get a major
opportunity to fundamentally redesign the welfare system. She
feels that Congress is about to give Alaska the opportunity to try
some new ideas. Most people who are on welfare and those who
administer the program are ready for changes that encourage work
while a person is on welfare, and encourage people to get off
welfare as quickly as possible. Welfare should be used basically
only as a safety net.
Number 295
MS. PERDUE continued that the aforementioned changes are of primary
concern when looking at redesigning a short-term welfare reform
package and a long-term package. One of the major things that has
happened to the state's Aid to Families with Dependent Children
(AFDC) Program in the last several years is that in 1988 two-parent
families were added to the AFDC rules. That was a federal
congressional mandate to Alaska. Alaska, at that time, was one of
the few states that did not cover two-parent families. The
reasoning behind this mandate was that welfare was breaking up
families, therefore, two-parent families should be added.
MS. PERDUE said that currently, the majority of the case load
increase is due to two-parent families. In the two-parent family,
there is usually at least one person who is able-bodied. So Ms.
Perdue feels that at least one of those parents should be working
or in training, and taking advantage of state and federal
government support to go out and improve themselves. Ms. Perdue
thinks that will be a key feature in any reforms that the DHSS
looks at. They want 100 percent participation from two-parent
families in some sort of training program.
Number 373
MS. PERDUE announced that currently DHSS is trying to collect
short-term strategies for lowering the number of people on a case
load, making sure that no one who is on a case load is cheating the
system in any way, making sure that absent parents are paying child
support so the state is not paying in their absence, and still
trying to move ahead with some reform while not wasting resources
so that programs will not have to be redone if the Congress passes
fundamental welfare reforms in November.
Number 240
CO-CHAIR BUNDE asked Ms. Perdue to speculate on the possibility of
Congress passing the block grant idea and giving Alaska a large
amount of money. He asked if she had ideas about restructuring
Alaska's welfare program, specifically in the area of "Two years
then out" (a two-year welfare assistance limit), and also in those
areas in Alaska where welfare is a lifestyle. He asked if a block
grant would involve a rate reduction considering Alaska's rate is
higher than anywhere else in the United States.
MS. PERDUE answered that Congress is looking into putting AFDC food
stamps and the Women, Infants and Children (WIC) program in a block
grant. Currently, there is a bill before the Federal Congressional
House, the Clay Shaw bill, that caps the contribution for five
years. That puts a lot of pressure on the states because the money
is not an entitlement anymore. That is a fundamental shift in the
way Alaska has been doing business in the past. That is currently
the most active proposal, and the Alaska DHSS is analyzing what
that proposal would mean in terms of Alaska's current program. Ms.
Perdue said that one can only guess, if the AFDC federal funding
grows three to six percent every year, that would mean less money
to go around.
MS. PERDUE said that in terms of the contribution limits, the
Republicans have now revised their entitlement to five years with
some credits for working, and then there is an absolute cutoff.
There are other proposals that create a bank of a two-year time
limit, and a person may buy back time if he or she goes to work.
MS. PERDUE commended the number of creative ideas which have been
proposed. However, the time limit concept is one which both
Democratic and Republican governors have accepted at this point.
Ms. Perdue felt that the time limit concept was going to be
enacted.
Number 546
CO-CHAIR BUNDE hoped that Ms. Perdue would address the problem of
rural Alaska. Some feel that in rural Alaska there cannot be a
time limit. Others say perhaps time limits should exist
everywhere.
Number 564
CO-CHAIR BUNDE announced that Representative Brice and
Representative Rokeberg joined the meeting at 3:08 p.m.
REPRESENTATIVE TOM BRICE inquired that considering Alaska has one
of the lowest rates of welfare fraud in the nation, what does Ms.
Perdue see Alaska doing in the future to decrease that number of
welfare fraud cases even further.
Number 593
MS. PERDUE replied that one of the biggest areas of welfare fraud
is food stamps, because they are essentially cash and can be
traded. Her understanding is that there is an active food stamp
trade in Anchorage. One of the ways states are dealing with this
fraud is by providing people with a "swipe card," which transfers
benefits electronically. Alaska is actively exploring that option
and is very interested in working with grocers in Fairbanks and
Anchorage. The technology has seemed out of reach because Alaska
has a comparatively small number of grocery stores. However,
governors in the western states have put together an alliance with
Wyoming, Idaho and other states which Alaska is looking to join and
buy some off-the-shelf technology.
REPRESENTATIVE BRICE said the very essence of welfare reform lies
within child support - making those who have helped create the
problem pay for the problem. He encouraged Ms. Perdue to look at
a large number of state departments that provide not only benefits
for poor people and children, but also make sure that those who
abandon their children start paying more.
REPRESENTATIVE BRICE concluded by saying that currently most of the
discussion at the federal congressional level is that the creation
of children is only the woman's responsibility, and this is not
true.
Number 753
CO-CHAIR CYNTHIA TOOHEY is pleased to see Ms. Perdue appointed for
the position. She is confident with Ms. Perdue's knowledge of the
system and feels she will do a very good job. Co-Chair Toohey
hopes Ms. Perdue is strong enough for the upcoming challenges.
There are some major budget cuts coming for Health and Social
Services as well as many other departments. The cuts are not going
to be pretty and it will break everyone's heart but they must be
done.
CO-CHAIR TOOHEY discussed an article from the Washington Post.
There is a county in New York that spends 62 cents from every
dollar they collect on MedicAid. Co-Chair Toohey said that this is
not a projected figure for ten years in the future, this is what
this county is paying currently. She warned that this type of
spending will be seen in Alaska if some major changes are not made.
Number 807
MS. PERDUE felt the article to which Co-Chair Toohey referred was
excellent because it showed how difficult decisions were for the
government.
CO-CHAIR TOOHEY said that the Alaska government will soon be making
those decisions. Some were made last year and everybody blamed
everybody--legislators did not make popular decisions.
CO-CHAIR TOOHEY continued that the issue of unwed teenage pregnancy
must be addressed, and she did not know how it would be dealt with.
Co-Chair Toohey would like to see funding for unwed teenage mothers
stopped. They should be encouraged to go back home to their
families. Co-Chair Toohey hoped that with the help of Ms. Perdue
and her staff, this problem will be stopped.
Number 850
REPRESENTATIVE NORMAN ROKEBERG said that Representative Brice made
a very good point when he said that the level of welfare fraud in
Alaska is the lowest in the nation. However, Representative
Rokeberg felt that represented the amount of reported fraud. He
asked Ms. Perdue if she could comment on the fact whether the
actual incidence of fraud is substantially greater than is
reported, and what was being done within the DHSS.
MS. PERDUE answered that initially, the fraud must be reported so
DHSS can investigate it. Some of Ms. Perdue's relatives in
Interior Alaska have reported suspected welfare fraud. There are
DHSS people who do home visits, investigate and follow up on
suspected fraud even in rural areas. It could be the DHSS is
understaffed in this area, but maybe the DHSS needs to be more
visible when they investigate fraud and more encouraging of public
reports. It is essential that the public feel their money is being
well-spent.
Number 930
REPRESENTATIVE ROKEBERG understood that a film had been produced to
help fraud investigation within the last few years. He heard this
from DHSS fraud investigators who also told Representative Rokeberg
that the incidence of fraud was much higher than what was being
reported.
Number 956
CO-CHAIR BUNDE encouraged the publicizing of fraud investigations.
No matter what the regulations are, and no matter how diligent the
DHSS investigators are, there will always be people clever enough
to figure out how to fraud the system. Publicizing investigations
and prosecutions would discourage the least ambitious.
MS. PERDUE said that is called the "Sentinel Effect," and she feels
that effect does have an impact. Such publicity should be done for
MedicAid fraud and for public assistance fraud. It is important to
publicize not only the $50 to $100 frauds, but also the bigger
frauds. There are also cases of public assistance providers who
fraud the system and those cases should also be publicized.
CO-CHAIR BUNDE agreed with Ms. Perdue.
Number 1053
CO-CHAIR BUNDE mentioned concerns that he shares with Co-Chair
Toohey, such as STDs, fetal alcohol syndrome and teenage pregnancy.
He encouraged Ms. Perdue to work on those problems. Co-Chair Bunde
continued that some state departments and the legislature tend to
diverge. The legislature has ideas, but somewhere along the line
the policy changes don't reflect the legislative goals. Such a
divergence would be unfortunate in this case, however Co-Chair
Bunde does not anticipate these problems. He desires a working
partnership between the HESS Committee members, Ms. Perdue and the
DHSS.
Number 1118
CO-CHAIR TOOHEY asked Ms. Perdue about the future of permanency
planning for foster children.
MS. PERDUE answered that she is not well informed on that topic,
however, she will study that area.
Number 1142
REPRESENTATIVE CAREN ROBINSON said that last week the HESS
Committee passed HB 92, which extended the termination date of the
Citizen's Review Panel for Permanency Planning. She said that due
to some unfortunate circumstances the Panel was not implemented the
first year it was supposed to be. Now the program is under funded.
Representative Robinson hopes that Ms. Perdue will work with the
Commissioner of the Department of Administration to encourage the
implementation of the program.
REPRESENTATIVE ROBINSON said that currently, the focus for Health
and Social Service departments across the nation is on welfare
reform. She asked Ms. Perdue about other priorities during her
tenure as commissioner.
Number 1186
MS. PERDUE answered that she has spoken with the HESS Committee
about prevention and the need to change the collective attitude
toward issues. Ms. Perdue strongly feels that most children in
Alaska are healthy and that most parents are doing good jobs. In
addition, the schools are doing well. But the tendency is to focus
on the 10 percent of the children who are driving 90 percent of the
costs. That attitude needs to be changed in the DHSS so the
department has the ability to cope with the problem better. The
department needs the courage to focus on prevention.
MS. PERDUE said that, using alcohol as an example, the answer to
alcohol problems is not to do more treatment of the expensive cases
at the community level to influence people's choices about their
own lifestyles. Instead, the state must start with young children,
and start with communities where people see pregnant women
drinking. Ms. Perdue reminded HESS Committee members about the
"Celebration of Life Project" in which women in a community
surround a pregnant women who are in a situation where drinking is
prevalent. Such programs do not cost a lot of money. These
programs cost significantly less than the amount it will cost to
take care of the baby if it is born with fetal alcohol effects or
Fetal Alcohol Syndrome. However, few proactive programs like this
are being used.
MS. PERDUE said that the state talks about tough funding choices,
but there might also be tough policy choices. This may be
particularly true in relation to alcohol. Alcohol is driving most
of the department's health costs.
CO-CHAIR TOOHEY strongly agreed with Ms. Perdue that early
education is where funding should go.
Number 1275
CO-CHAIR BUNDE added his support to Ms. Perdue and expressed
concern that the current system rewards the wrong people. The
people who are the problem receive all the state's attention and
resources. But the people who are in same circumstances and make
something of their life, in spite of perhaps humble beginnings or
challenges, receive little or no reward. He offered his assistance
to Ms. Perdue in rectifying that situation.
CO-CHAIR BUNDE continued that in Anchorage, there are about 50
people with alcohol problems who take up 80 to 90 percent of the
community service patrol. Co-Chair Bunde asked if the state was
doing a little more than simply delaying their death from
alcoholism. He said it was a tough question as to whether or not
their behavior is being changed. He said that such a question
should be looked at by Ms. Perdue and the legislature.
Number 1336
REPRESENTATIVE BRICE noticed that throughout the current session,
there has been a lot of attention paid to prevention, children and
public health issues. He wanted to remind HESS Committee members
and audience members that those who have severe developmental or
mental health disabilities must also be looked out for. He
encouraged Ms. Perdue to continue the move toward appropriate
community based services. He wanted that issue to remain a strong
focus of the DHSS.
CO-CHAIR BUNDE said there is a reasonable possibility that the hold
harmless clause of the permanent fund dividend will not exists next
year. One question is whether there should be a separation of
welfare recipients between those who are disabled and those who are
able-bodied. Co-Chair Bunde hopes that Ms. Perdue is preparing for
the possibility that the Hold Harmless clause will not be part of
the welfare system.
Number 1410
MS. PERDUE said that the issue will warrant much administrative
thought because each individual case will have to be looked at.
That is where the expenses will lie. The hold harmless clause is
one of the first waivers that DHSS negotiated with the federal
government because the DHSS was looking at a nightmarish
administrative process if they had to look at all 13,000 AFDC cases
and all 12,000 public assistance cases.
MS. PERDUE disagreed with the idea of not holding people harmless
for that activity if they are not going to be held harmless for
other state subsidies. However, that issue will be played out in
the policy arena. The administrative issue is a real issue. The
DHSS will have to have the resources to comply with the federal
law. If it does not, the state will be paying error rates and
penalties. This can get very expensive very quickly.
MS. PERDUE explained that the federal government samples Alaska's
cases. If there is one error in that sample, they will prevalence
that error across the case load. So one small error of $100 can
mean a penalty of $1 million. Currently, Alaska is a shining star
because it does not make those errors. It has not paid penalties
since the late 1970s, when Alaska had 28 percent error rates.
Therefore, there could be some financial issues which arise if the
state is not very careful beyond the policy issues of what dropping
the hold harmless clause may mean to individuals.
Number 1491
CO-CHAIR BUNDE felt it was safe to say that the vast majority of
Alaskans have a philosophical difference about the hold harmless
clause, and so those administrative issues may simply be a fact
that must be dealt with. If all 12,000 must be studied
individually, welfare may be put on less of an automatic cycle and
more of an ongoing evaluation process. But those issues will have
to be played out.
REPRESENTATIVE ROBINSON said that in reference to those with able-
bodies and those who are disabled, there is currently a direction
in the legislature to possibly exempt those who are developmentally
disabled from losing their PFDs. Representative Robinson said that
many times there is a misunderstanding that a lot of people on
welfare are not working. She asked if Ms. Perdue had statistics on
how many people on military bases were receiving food stamps.
Representative Robinson speculated that may be because of the low
military pay. She asked Ms. Perdue how those people who are
working would fit into the discussion.
Number 1554
MS. PERDUE said that if the 12,000 seniors, blind people and others
with disabilities were exempted from the hold harmless repeal,
those left are members of the AFDC population. This includes
13,000 families and 25,000 kids. About 50 percent of those
families only have one child, so they receive a $2000 check each
month. A small percentage of those AFDC families have many
children. Two months of hold harmless is equal to their assistance
check. A good majority of those families have children under six
years old. That is a large issue that needs to be noticed.
MS. PERDUE felt that the loss of the medical support included in
the hold harmless clause is as dangerous as the loss of the cash.
Ms. Perdue wondered what that would mean to a person who was in the
process of receiving care. The cash will have to be spent
immediately, and Ms. Perdue felt that was a very poor habit to
teach people. The cut in the continuity of medical coverage is a
very serious issue.
Number 1633
CO-CHAIR BUNDE asked how many of the 12,000 to which Ms. Perdue
referred were senior citizens and how many were disabled.
MS. PERDUE answered that the numbers were basically split down the
middle. Approximately 4,500 are seniors, roughly 4,500 are
developmentally disabled, and there is a fairly stable caseload of
individuals who are blind, about 200 to 300 people. She stated
that those areas have the largest caseload growth. People in
Alaska are living longer, particularly in rural areas. This is a
testament to Alaska's health care system.
Number 1669
MS. PERDUE wanted to discuss one more issue. There are rules built
upon rules of the hold harmless clause. Right now if a person is
a recipient of Indian Health Services (IHS), and they are currently
receiving medical care through this service, they can bill MedicAid
at 100 percent federal funds. The DHSS is working very hard to
increase that so state money is saved--up to 50 cents on every
dollar. Right now, that amount equals about $14 million saved.
Plans are in the works to perhaps double that amount by next year
through working with the travel corporations.
MS. PERDUE said that if MedicAid eligibility is affected for that
population, those people will be denied their federal claim for
their care. The person would have to be actively receiving care,
either in the hospital or using an outpatient service.
Number 1718
CO-CHAIR BUNDE told the committee that a form would be passed
around to HESS Committee members for them to sign to pass the
appointment of Karen Perdue on to the Speaker of the House. He
reminded the committee that signing the form does not reflect any
intention to vote for or against Ms. Perdue during further
confirmation sessions. He asked HESS Committee members if there
were any objections to this appointment being sent to the Speaker.
Hearing no objection, he thanked Ms. Perdue.
HHES - 02/14/95
CONFIRMATION HEARINGS FOR THE PROFESSIONAL TEACHING PRACTICES
COMMISSION
Number 1756
CO-CHAIR BUNDE announced that the committee would move forward to
the Professional Teaching Practices Commission (PTPC) appointments.
CHRISTINE NIEMI, Administrator for Teacher Education and
Certification in the Alaska Department of Education (DOE), said she
has been at the DOE since 1983. She was formally in the
Educational Program Support Division in the special education area
until 16 months ago, when she was moved into her present position.
About a year ago, she was appointed to the PTPC to fill a term for
someone who was unable to complete their term.
MS. NIEMI then offered to answer questions for the HESS Committee
members.
Number 1796
CO-CHAIR BUNDE said that he has had the good fortune to work with
Ms. Niemi on a teacher certification project which spanned about
three years. He expressed his confidence in her abilities and her
professional contributions to that endeavor.
REPRESENTATIVE ROBINSON asked what the PTPC does.
Number 1820
MS. NIEMI answered that the PTPC is a group of professional
educators who are appointed to represent different groups. There
are five teacher representatives, a member representing
institutions of higher education, a representative of the DOE (Ms.
Niemi), a member of the Principals' Association and a member of the
Superintendents' Association. This group acts in disciplinary
cases for teachers and administrators. For example, at the last
meeting, two teacher's certificates were revoked for individuals
who were involved with child abuse-type circumstances.
CO-CHAIR BUNDE said that working with the PTPC was an important but
probably not the most enjoyable job in education.
REPRESENTATIVE ROBINSON noted that the HESS Committee members
always hear concerns regarding the tenure policies. One of the
main issues people have concerns about is that there is no way to
remove a teacher who is not doing his or her job.
Number 1877
CO-CHAIR BUNDE thought that Representative Robinson was asking
about the district's policy for the removal of teachers. The
members of the PTPC revoke the license of a teacher.
REPRESENTATIVE ROBINSON wondered if a parent who had serious
problems with a teacher could contact the PTPC.
MS. NIEMI answered that the PTPC hears complaints. The executive
director of the PTPC does investigate complaints, and some
complaints come before subcommittees of the PTPC. Decisions are
made on those complaints as well. However, the PTPC tries not to
get involved in the hiring and general evaluation processes of
teachers, administrators and school districts.
REPRESENTATIVE ROBINSON surmised that there has probably been a
criminal action before a case comes before the PTPC. The PTPC then
determines whether or not an educator's license should be
suspended.
Number 1906
MS. NIEMI responded that was generally true, but the PTPC also
hears.
CO-CHAIR BUNDE asked if some disciplinary action has usually taken
place before an educator would appear before the PTPC.
MS. NIEMI said that generally, Co-Chair Bunde was correct.
However, within the last year there was a case in which an
individual was applying for a teacher's certificate and the PTPC
investigated the individual. In this person's history was
impropriety involving children. The PTPC subcommittee suggested
that a certificate not be issued in this case.
CO-CHAIR BUNDE asked how the PTPC knew this person had been
involved in inappropriate activities with children.
Number 1955
MS. NIEMI explained that in the code of ethics there is a statement
which requires a person to report to the PTPC any knowledge of a
teacher or individual in a teaching profession who has or is
harming a child. Often the executive director of the PTPC will
hear from a person who has such information. The reporting
individual may call Ms. Niemi and she either reports the incident
to the executive director or she encourages the reporting
individual to contact the executive director.
CO-CHAIR BUNDE asked for clarification on whether those reports are
simply allegations or have they been investigated or looked at
legally. He also asked if the PTPC was expected to act as a court
of law.
Number 2007
MS. NIEMI said that sometimes the report involves a conviction. In
other cases, the PTPC has held a hearing in which evidence is
submitted and a determination is made. A hearing officer is also
there in such a situation to provide some guidance. The PTPC also
has an attorney which advises the commission.
REPRESENTATIVE BRICE asked in what other circumstances is a
certificate pulled or revoked.
MS. NIEMI answered that in one case, a police officer reported that
an individual had a large marijuana garden, grown for more than
personal use.
REPRESENTATIVE BRICE asked if the police officer was unwilling to
prosecute the individual for that offense. Ms. Niemi did not know
such extenuating details. Representative Brice understood that
there was a code of ethics to be enforced, and that a teacher's
certificate could be revoked for statute violations. He asked what
other information is used when determinations are made. He was
unclear as to what processes were used to make allegations that
brings the teacher before the PTPC, and under what instances does
the PTPC act. Do they act only for ethics and statute violations,
or are there other instances where the PTPC revokes a license.
Number 2097
MS. NIEMI said that it was a very serious thing to revoke a
license, so the allegations would have to be very serious, such as
a conviction. In the case of person who grew marijuana, the
evidence provided by the officer provided a preponderance of
evidence. Therefore, the evidence must be substantial and
substantiated.
CO-CHAIR BUNDE stated that the discussion was straying from her
qualifications for appointment. Representative Brice said that it
was pertinent to know what Ms. Niemi's beliefs are, the role of the
PTPC, and the process by which licenses are revoked. Co-Chair
Bunde agreed that her beliefs are very pertinent, but he felt
perhaps the process of the PTPC could be explored at anther time.
Number 2139
BRIAN CARTER, Interim principal and teacher in the North Star
School District, on teleconference from Salcha, said that he will
still represent the PTPC in the role of teacher. He has served on
the PTPC since fall, 1992.
CO-CHAIR BUNDE asked Mr. Carter if he encountered a conflict
between his roles as teacher and principal while representing
teachers for the PTPC.
MR. CARTER answered no, that experiences have allowed him to
experience somewhat of an administrative internship for the last
few years. He is still a legal representation of a teacher. Until
the district hires him as an administrator he will represent
teachers. Most of his experience has been as a teacher. He
continued that his previous years' experiences have been very
rewarding.
MR. CARTER wanted to publicly commend the efforts of the executive
director of the PTPC and her secretary.
Number 2256
CO-CHAIR TOOHEY agreed with Mr. Carter on the capabilities of the
executive director of the PTPC. She is a hero of Co-Chair
Toohey's.
REPRESENTATIVE ROBINSON prefaced her comments by saying that her
question may be somewhat uncomfortable for Mr. Carter. She said
that unfortunately, his name is not on the list that was given to
the legislature by Governor Knowles. She asked Mr. Carter how he
felt about that, and if he planned on keeping his name on the
confirmation list although his name was not picked by the Governor.
MR. CARTER answered that he wanted to remain on the list, and that
this was the first he had heard of his absence from the list. He
knew that there was a nontransmittal letter for all appointees when
the hearings were before the Senate HESS Committee.
TAPE 95-7, SIDE B
Number 085
WILLIAM McCAIN, teacher, Chugiak Elementary School, made his
statements via teleconference from Chugiak Elementary School. He
has been in the Anchorage School District as a Physical Education
teacher for 14 years. He has spent 24 years total in the education
profession at all levels. He has taught kindergarten to high
school. He taught in Washington state for many years and taught in
Australia for three years.
MR. McCAIN stated that he was on his second term with the PTPC. He
joined the commission in the fall, 1992. Although the PTPC deals
with some very troubling cases at times, the work is very
interesting and satisfying because you do feel like you are
"policing the ranks." With 30,000 certified teachers in Alaska, of
which 8,000 are active, the job is formidable.
MR. McCAIN also commended the executive secretary of the PTPC and
her staff. He offered to answer questions on how cases are given
to the PTPC.
CO-CHAIR BUNDE declined the offer, and asked instead for responses
to specific questions. He suggested, however, that Mr. McCain
contact Representative Brice's office to answer questions that
Representative Brice may have.
Number 160
MARY LOU MADDEN, Provost and Vice President of Sheldon Jackson
College, testified via teleconference from Sitka. She is a new
appointee to the PTPC. She has 20 years of experience in Alaskan
education, with everything from preschool to graduate work in both
the public and private sector. She wants to be on the PTPC because
she is interested in professional ethics. These issues are
important not only for the teaching profession but also (indisc. -
coughing). She is interested in being a part of holding teachers
to the standards of professional behavior that benefit not only
students but the educational system in general.
CO-CHAIR BUNDE congratulated Ms. Madden on her appointment at
Sheldon Jackson College. He asked if her work on the PTPC would
interfere with her work as Provost and vice versa. Ms. Madden said
there would be no interference. As a matter of fact, there is a
teacher education program at the college which she feels will help
her. Her positions can also help the teacher education program by
her insuring that ethics are a part of teacher rating. She sees
her two appointments as working hand in hand.
Number 261
CO-CHAIR BUNDE thanked and commended the appointees for taking on
the difficult task of cleansing the profession of those who would
weaken it. Co-Chair Bunde then reiterated that if the names are
passed forward it does not reflect the intent of any member to vote
for or against a nomination.
CO-CHAIR BUNDE asked if there were any objections to the
appointments being sent to the speaker.
REPRESENTATIVE ROBINSON asked if the individuals could be taken one
at a time.
CO-CHAIR BUNDE said yes. There were no objections to sending forth
the names Christine Niemi, Mary Lou Madden or William McCain.
Representative Robinson objected to Brian Carter. A roll call vote
was asked for. Voting yes for the passage of Brian Carter were
Representatives Bunde, Vezey, Rokeberg and Toohey. Voting no were
Representatives Robinson and Brice.
Number 381
REPRESENTATIVE ROBINSON wanted Mr. Carter to know that the "no"
votes had nothing to do with his qualifications, they only
reflected dissatisfaction with the process and her beliefs that the
appointments the HESS Committee members should be addressing are
those that have been sent by Governor Knowles.
CO-CHAIR BUNDE announced that all names will be sent to the Speaker
of the House.
HHES - 02/14/95
HJR 18 - SUPPORT MEDICAL SAVINGS ACCOUNT LEGISLATION
Number 475
ROD MOURANT, Administrative Assistant to Representative Pete Kott,
apologized on behalf of Representative Kott for his absence and
thanked the committee for hearing HJR 18. Mr. Mourant said that
all but two of the current members of the HESS Committee saw and
voted on this exact legislation last session. The resolution
passed unanimously from the House, but subsequently died in the
Senate Rules Committee at adjournment.
MR. MOURANT then read the sponsor statement:
As medical costs nationally and in Alaska continue to rise,
the need for innovative approaches to health care cost
containment becomes more acute. The concept behind Medical
Savings Accounts is to encourage employees to shop more
carefully for medical services. It recommends the purchase of
high deductible coverage by employers. The savings realized
by this effort results in reduced health insurance premiums.
These savings are then placed by the employers in individual
employee Medical Savings Accounts.
Employee Medical Savings Accounts then may be used by
employees to purchase additional, more specific insurance
coverage and to pay deductibles incurred under employer
provided or employee purchased medical coverage plans.
Medical Savings Accounts belong to the individual employee and
move with the individual to purchase health insurance when
between jobs or for coverage when re-employed, even when with
a different employer.
The additional benefit to Medical Savings Accounts is that
they allow the individual to select and purchase coverage at
reduced cost without a new federal bureaucracy and would be
revenue neutral to employers. It is compatible with the free
market in that it protects individual freedom and rewards
prudent decision making.
HJR 18 urges Congress to enact legislation that will make
Medical Savings Accounts a viable option in the national
effort to reduce and contain health care costs.
Number 620
CO-CHAIR BUNDE asked if there was any current legislation on the
national level which would change the need for this resolution.
MR. MOURANT said that at this time he is not aware of any
nationally introduced legislation. However, this certainly is a
concept that has been discussed at the national level. In the
resolution packets HESS Committee members could find a series of
articles that describe medical savings accounts and their use.
MR. MOURANT also pointed out that one recent article, from the Wall
Street Journal, says that support for medical savings accounts is
growing. Six states, Arizona, Colorado, Mississippi, Idaho,
Missouri and Michigan, have changed their tax structure to
accommodate medical savings accounts. The United Mine Workers
Union has signed a new five year contract with a health plan that
includes a $1,000 bonus that workers can use to pay their medical
plan's $1,000 deductible. Mine workers still have first dollar
coverage but the first $1,000 they now spend will be their own
money, rather than the company's.
MR. MOURANT concluded that Representative Kott believes that kind
of incentive on the part of those covered is a good incentive to
reducing the overall costs of health insurance in this country.
Number 693
CO-CHAIR TOOHEY asked how Representative Kott will handle the
welfare and MedicAid recipients of Alaska.
MR. MOURANT answered that this legislation does not address that
issue. It only addresses those who are employed and currently
covered.
Number 714
REPRESENTATIVE AL VEZEY felt that the resolution was excellent.
Health care costs are a national problem, driven by the Internal
Revenue Service's regulations. However, there have been a number
of companies who provide health care insurance for their employees
who have experimented with this. Those companies have experienced
substantial reductions in medical costs as a result of allowing
their employees to accrue a medical savings account which is income
they can take if they don't use it.
MR. MOURANT said that Representative Vezey makes a very valid
point. The resolution seeks not only reduced expense in medical
coverage and medical services, but, in addition, the money remains
with the individual. If, at the time of retirement, the individual
still has a positive balance in their account, they are able to
take that to buy an annuity if they desire, or to help out in their
retirement years.
CO-CHAIR BUNDE said that a great deal of research shows that people
with sick leave on a use-it or lose-it program are ill much more
frequently.
Number 791
REPRESENTATIVE ROBINSON asked Mr. Mourant to explain the process to
her. She wondered how this would work for an interested individual
and what exactly the steps would be.
MR. MOURANT answered that a typical state employee pays about $465
dollars for health insurance on a monthly basis. The medical
savings account would allow the employer, the state of Alaska, to
purchase a major emergency medical coverage plan at a much reduced
premium than the detailed coverage plan that exists today.
Employees would still be covered for catastrophic injury and
emergency care, but because of the reduced premium the state may
save between $200 and $300 per employee per year. That money is
placed into an individual account for the employee to use to shop
for additional coverage if he or she chooses to have it. This is
much like the option that exists right now for selecting dependent
medical coverage.
MR. MOURANT continued that the balance can be used to pay any
deductible that might be present in the coverage that the employer
buys for the employees.
Number 870
MR. MOURANT said that if, through prudent use in health care
coverage selection, the employee still has a savings account
balance upon retirement, he or she can convert that into an annuity
or other such account.
Number 883
CO-CHAIR TOOHEY commended the bill. She said that most of us spend
about $100 to $200 on medical coverage every year. Catastrophic
coverage will take over if a person gets appendicitis or is hit by
a car or some such tragedy.
Number 914
REPRESENTATIVE BRICE asked Mr. Mourant if the accounts would be tax
deductible.
MR. MOURANT answered that he was not sure what Representative Brice
was asking. He said they would be tax deductible for the employer
because the account would be a payroll expense. For the employee,
it would depend on how the code is structured. Mr. Mourant feels
that the accounts are much like the employer match on the
Supplemental Benefits System (SBS). When an employee starts to
receive that employer match, Mr. Mourant assumes that would be
taxable income.
Number 954
REPRESENTATIVE ROKEBERG'S understanding was that the accounts are,
in essence, tax neutral. The benefit in the end is the savings
which is tax free money the employee can have. It would depend who
would make the contribution of the up-front capital. That would be
a taxable event.
REPRESENTATIVE VEZEY commented that the plans he has seen would
involve a change in Internal Revenue Service codes. The bank
account is, as Representative Rokeberg said, tax deductible.
Should the employee use it for medical services it is not tax
liability. If the money is taken for personal income it would be
taxable.
Number 995
REPRESENTATIVE VEZEY moved that HJR 18 be passed from the committee
with individual recommendations. There were no objections.
CO-CHAIR BUNDE announced that HJR 18 had been moved from the HESS
Committee to the next committee of referral.
Number 1016
ADJOURNMENT
CO-CHAIR BUNDE adjourned the meeting at 4:10 p.m.
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