Legislature(2017 - 2018)SENATE FINANCE 532

04/13/2017 01:30 PM Senate FINANCE

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Audio Topic
01:34:46 PM Start
01:35:47 PM SB83
01:46:23 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Bills Previously Heard/Scheduled: TELECONFERENCED
+= SB 83 PROTECT: VULNERABLE ADULTS/LONG TERM CARE TELECONFERENCED
Moved CSSB 83 (HSS) Out of Committee
                 SENATE FINANCE COMMITTEE                                                                                       
                      April 13, 2017                                                                                            
                         1:34 p.m.                                                                                              
                                                                                                                                
                                                                                                                                
1:34:46 PM                                                                                                                    
                                                                                                                                
CALL TO ORDER                                                                                                                 
                                                                                                                                
Co-Chair MacKinnon called the Senate Finance Committee                                                                          
meeting to order at 1:34 p.m.                                                                                                   
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Lyman Hoffman, Co-Chair                                                                                                 
Senator Anna MacKinnon, Co-Chair                                                                                                
Senator Click Bishop, Vice-Chair                                                                                                
Senator Shelley Hughes                                                                                                          
Senator Peter Micciche                                                                                                          
Senator Donny Olson                                                                                                             
Senator Natasha von Imhof                                                                                                       
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
None                                                                                                                            
                                                                                                                                
PRESENT VIA TELECONFERENCE                                                                                                    
                                                                                                                                
Teresa  Holt, Long  Term  Care  Ombudsman, Anchorage;  Kelda                                                                    
Barstad,  Manager, Adult  Protective  Services, Division  of                                                                    
Senior  and Disability  Services, Department  of Health  and                                                                    
Social Services, Anchorage.                                                                                                     
                                                                                                                                
SUMMARY                                                                                                                       
                                                                                                                                
SB 83     PROTECT: VULNERABLE ADULTS/LONG TERM CARE                                                                             
                                                                                                                                
          CSSB 83(HSS) was REPORTED out  of committee with a                                                                    
          "do pass"  recommendation and with  two previously                                                                    
          published  zero fiscal  notes:  FN  1(DHS) and  FN                                                                    
          3(REV).                                                                                                               
                                                                                                                                
SENATE BILL NO. 83                                                                                                            
                                                                                                                                
     "An Act relating to the protection of vulnerable                                                                           
    adults and residents of long term care facilities."                                                                         
                                                                                                                                
1:35:47 PM                                                                                                                    
                                                                                                                                
Co-Chair MacKinnon  announced that there were  no amendments                                                                    
on  the  bill.  She  shared   that  there  were  two  people                                                                    
available for questions.                                                                                                        
                                                                                                                                
Co-Chair  MacKinnon looked  at page  4, Section  4, line  7,                                                                    
which changed  the word,  "shall" to  "may." She  noted that                                                                    
the change would allow the  department to advance reports to                                                                    
either the Ombudsman or another appropriate agency.                                                                             
                                                                                                                                
1:36:48 PM                                                                                                                    
                                                                                                                                
TERESA  HOLT,  LONG  TERM  CARE  OMBUDSMAN,  ANCHORAGE  (via                                                                    
teleconference),   agreed.  She   stated   that  there   was                                                                    
currently  a  central  intake where  all  the  reports  were                                                                    
submitted  and  were  sent  to  the  correct  agencies.  She                                                                    
remarked  that  there  were  some   reports  that  were  not                                                                    
appropriate to be sent to the Ombudsman.                                                                                        
                                                                                                                                
Co-Chair MacKinnon looked  at Section 6, line  19, and asked                                                                    
for information about the change  from "shall" to "may." Ms.                                                                    
Holt responded  that the  Ombudsman, under  federal statute,                                                                    
could only  share reports of  an investigation  with consent                                                                    
of the resident or a representative.                                                                                            
                                                                                                                                
Co-Chair  MacKinnon  looked  at  Section 7,  and  noted  the                                                                    
deletion of "face to face  interviews." She wondered whether                                                                    
that change still allowed video.  She queried the purpose of                                                                    
eliminating  "face  to  face."  Ms. Holt  replied  that  the                                                                    
change referred  to Adult Protective Services,  and deferred                                                                    
to Ms. Barstad.                                                                                                                 
                                                                                                                                
1:38:52 PM                                                                                                                    
                                                                                                                                
KELDA BARSTAD, MANAGER,  ADULT PROTECTIVE SERVICES, DIVISION                                                                    
OF SENIOR and DISABILITY  SERVICES, DEPARTMENT OF HEALTH AND                                                                    
SOCIAL SERVICES, ANCHORAGE  (via teleconference), introduced                                                                    
herself.                                                                                                                        
                                                                                                                                
Co-Chair  MacKinnon  looked  at  Section 7,  and  noted  the                                                                    
deletion  of  "face to  face  interviews."  She queried  the                                                                    
purpose of eliminating "face to  face."  Ms. Barstad replied                                                                    
that  telehealth was  a good  substitute  for remote  areas.                                                                    
There  was  an  intent  to use  technology  to  improve  the                                                                    
connection to the communities and  provide a faster response                                                                    
than may be possible with air travel.                                                                                           
                                                                                                                                
Co-Chair MacKinnon looked at page  6, line 20, and noted the                                                                    
reference   to  "volunteers."   She  wondered   whether  the                                                                    
volunteers   for   the  Ombudsman   signed   confidentiality                                                                    
requirements,  or were  trusted  individuals  who were  sent                                                                    
through  a  screening process.  Ms.  Holt  responded in  the                                                                    
affirmative.   She  stated   that  background   checks  were                                                                    
conducted  and provided  20 hours  of  training including  8                                                                    
hours of supervision. She announced  that all the volunteers                                                                    
signed confidentiality agreements and ethics statements.                                                                        
                                                                                                                                
Senator Hughes  looked at page  4, and wondered  whether the                                                                    
Ombudsman would normally request  consent with the intention                                                                    
of providing the  report; or whether it  was the Ombudsman's                                                                    
discretion to choose to pursue  the consent with the goal of                                                                    
providing the report.   Ms. Holt responded  that the section                                                                    
did not involve informed consent.                                                                                               
                                                                                                                                
Senator Hughes looked  at Section 6, which  stated that "the                                                                    
Ombudsman shall  obtain the informed consent."  She wondered                                                                    
whether the Ombudsman  would always take the  step to obtain                                                                    
the  informed consent  in order  to provide  the report;  or                                                                    
whether  the  Ombudsman  determine whether  to  request  the                                                                    
informed  consent to  provide the  report. Ms.  Holt replied                                                                    
that  the Ombudsman  would always  receive informed  consent                                                                    
before  sharing  information   or  collecting  records.  She                                                                    
remarked that  there were some  occasions when  the resident                                                                    
may  not be  able to  provide informed  consent and  did not                                                                    
have  a representative.  She stated  that the  situation was                                                                    
described on page 11 in Section 6.                                                                                              
                                                                                                                                
Senator  Hughes  stressed  that the  process  should  always                                                                    
involve, when possible, receiving the informed consent.                                                                         
                                                                                                                                
Vice-Chair  Bishop  MOVED  to REPORT  CSSB  83(HSS)  out  of                                                                    
committee  with  individual   recommendations  and  attached                                                                    
fiscal notes. There being NO OBJECTION, it was so ordered.                                                                      
                                                                                                                                
CSSB 83(HSS) was REPORTED out  of committee with a "do pass"                                                                    
recommendation  and  with   two  previously  published  zero                                                                    
fiscal notes: FN 1(DHS) and FN 3(REV).                                                                                          
                                                                                                                                
1:44:07 PM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
1:45:58 PM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
Co-Chair MacKinnon announced the following day's schedule.                                                                      
                                                                                                                                
ADJOURNMENT                                                                                                                   
1:46:23 PM                                                                                                                    
                                                                                                                                
The meeting was adjourned at 1:46 p.m.                                                                                          
                                                                                                                                

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