Legislature(1999 - 2000)

02/04/1999 03:34 PM Senate HES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
      SENATE HEALTH, EDUCATION AND SOCIAL SERVICES COMMITTEE                                                                    
                        February 4, 1999                                                                                        
3:34 p.m.                                                                                                                       
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                                 
                                                                                                                                
Senator Mike Miller, Chairman                                                                                                   
Senator Pete Kelly, Vice-Chairman                                                                                               
Senator Gary Wilken                                                                                                             
Senator Drue Pearce                                                                                                             
Senator Kim Elton                                                                                                               
                                                                                                                                
MEMBERS ABSENT                                                                                                                  
                                                                                                                                
All Members Present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                              
                                                                                                                                
Briefing by the State Independent Living Council                                                                                
                                                                                                                                
PREVIOUS SENATE COMMITTEE ACTION                                                                                                
                                                                                                                                
None                                                                                                                            
                                                                                                                                
WITNESS REGISTER                                                                                                                
                                                                                                                                
John Woodward, Chair                                                                                                            
State Independent Living Council                                                                                                
Anchorage                                                                                                                       
                                                                                                                                
David Jacobson, Director                                                                                                        
ACCESS Alaska                                                                                                                   
Fairbanks                                                                                                                       
                                                                                                                                
Joyanna Geisler, Member                                                                                                         
Task Force on Long-Term Care                                                                                                    
Homer                                                                                                                           
                                                                                                                                
Cindy Lynn                                                                                                                      
Petersburg                                                                                                                      
                                                                                                                                
Ruth L'Hommedieu, Board Member                                                                                                  
State Independent Living Council                                                                                                
Fairbanks                                                                                                                       
                                                                                                                                
Jerie Best, Board Member                                                                                                        
State Independent Living Council                                                                                                
Soldotna                                                                                                                        
                                                                                                                                
Patrick Reinhart, Executive Director                                                                                            
State Independent Living Council                                                                                                
Anchorage                                                                                                                       
                                                                                                                                
David Maltman, Executive Director                                                                                               
Governor's Council on Disabilities                                                                                              
  & Special Education                                                                                                           
PO Box 240249                                                                                                                   
Anchorage, AK  99524-0249                                                                                                       
                                                                                                                                
ACTION NARRATIVE                                                                                                                
                                                                                                                                
TAPE 99-03, SIDE A                                                                                                              
Number 004                                                                                                                      
                                                                                                                                
CHAIRMAN MILLER called the Senate Health, Education and Social                                                                  
Services (HESS) Committee to order at 3:34 p.m. and announced the                                                               
Committee would be briefed by the State Independent Living                                                                      
Council(SILC).  He invited John Woodward and Patrick Reinhart to                                                                
introduce themselves for the record.                                                                                            
                                                                                                                                
JOHN WOODWARD, SILC Chair, Anchorage, introduced himself and                                                                    
Patrick Reinhart, SILC Executive Director.  He stated that he                                                                   
suffers from a traumatic brain injury resulting from a car accident                                                             
with a "large furry Alaskan critter" many years ago.  He thanked                                                                
the committee for allowing the SILC to present some ideas for                                                                   
improving the lives of Alaskans with disabilities, and hoped the                                                                
committee could act on some of the ideas this legislative session.                                                              
He stated the SILC is a body appointed by the Governor with 10                                                                  
members, the majority of whom experience a disability.  The SILC                                                                
mission is to promote the independence of persons with disabilities                                                             
so that they can live and work in their community.  The relatively                                                              
small council has a limited budget of 100% Federal funds, but it                                                                
has an important role to play in the development of State policies                                                              
relating to people with disabilities.  MR. WOODWARD referred the                                                                
committee to the Independent Living report in their packets for                                                                 
additional information about the council and its services.  He then                                                             
introduced David Jacobson.                                                                                                      
                                                                                                                                
Number 064                                                                                                                      
                                                                                                                                
DAVID JACOBSON, Fairbanks North Star Borough, thanked the Committee                                                             
for the opportunity to talk about Assisted Living, part of a                                                                    
continuum of care that will help people with disabilities and the                                                               
elderly to continue living in the least restrictive environment.                                                                
The model is aptly described in the Long-Term Care report which                                                                 
identifies the genesis of the Assisted Living program.  In 1994,                                                                
Governor Hickel promoted the concept of available, affordable long-                                                             
term care in the state, and believed that the care should be in a                                                               
"homelike setting."  We've made dramatic progress in a short time.                                                              
Now over 200 Assisted Living homes exist in the State, mostly                                                                   
located in Anchorage, Fairbanks and Juneau, with a few in Soldotna.                                                             
The rural areas of the State do not have this type of service                                                                   
available to individuals.                                                                                                       
                                                                                                                                
Number 093                                                                                                                      
                                                                                                                                
MR. JACOBSON stated the Long-Term Care Task Force addressed some                                                                
recommendations to apply to the Assisted Living Care model.  These                                                              
included standardization of services; that the services be in the                                                               
least restrictive environment for the individualized needs of                                                                   
individuals; and a definition of services provided in "a homelike                                                               
setting" when establishments in Anchorage have up to 80 residents.                                                              
                                                                                                                                
                                                                                                                                
MR. JACOBSON discussed the lack of consistency in the issuing of                                                                
licenses by both the Department of Administration and Division of                                                               
Developmental Disabilities.  The HESS Committee in the task force                                                               
report targeted  licensure for standardization.  The report also                                                                
encouraged entrepreneurs to take on Assisted Living as a viable                                                                 
business, and it identified a need for additional training.  Now                                                                
there is a minimum level of one-day training offered through the                                                                
Division of Senior Services that is required to become an "Assisted                                                             
Living Home Administrator."  Other needed training would involve                                                                
helping residents to live in the least restrictive environment.                                                                 
                                                                                                                                
MR. JACOBSON concluded by saying that expanding the Assisted Living                                                             
services to more communities would keep people from having to leave                                                             
their home community in order to find services unavailable locally.                                                             
                                                                                                                                
Number 125                                                                                                                      
                                                                                                                                
SENATOR WILKEN asked Mr. Jacobson if he just got this new job, and                                                              
what he did before.                                                                                                             
                                                                                                                                
MR. JACOBSON described his earlier background.  He has been both a                                                              
peer counselor and administrator, and now he is Director of Access                                                              
Alaska's offices and programs in Anchorage and Fairbanks.  He                                                                   
stated his wholehearted belief in Independent Living  as a true                                                                 
investment in our own communities with manifold returns, both in                                                                
reduction of expenses and an increase in the quality of life  to                                                                
citizens of Alaska.                                                                                                             
                                                                                                                                
                                                                                                                                
SENATOR WILKEN remarked that Mr. Jacobson is very visible in the                                                                
Interior and does a great job representing his people.                                                                          
                                                                                                                                
Number 150                                                                                                                      
                                                                                                                                
SENATOR ELTON asked Mr. Jacobson how much an investment like this                                                               
returns in savings later on, on the assumption that Assisted Living                                                             
is a much cheaper way to provide services to some Alaskans than                                                                 
institutionalized care.                                                                                                         
                                                                                                                                
MR. JACOBSON replied the current reimbursement that business people                                                             
receive is $34 per day  for individuals residing in their home                                                                  
under this model.  A Medicaid waiver averages about $13,000 a year,                                                             
versus $80,000 to $90,000 when an individual resides in a nursing                                                               
home. Joyanna Geisler will elaborate further when she discusses the                                                             
personal care assistance model.                                                                                                 
                                                                                                                                
CHAIRMAN MILLER  stated he's worked closely with the Assisted                                                                   
Living providers in trying to raise their rates.  Significant steps                                                             
have been taken, with the providers now talking about licensing and                                                             
training, and a trade-off where they would help with their                                                                      
insurance costs now that the State self-insures.                                                                                
                                                                                                                                
MR. JACOBSON responded he's confident that with Chairman Miller and                                                             
others like him, this model will improve.                                                                                       
                                                                                                                                
Number 180                                                                                                                      
                                                                                                                                
SENATOR WILKEN asked the status of the Assisted Living report.                                                                  
                                                                                                                                
SHARON CLARK, Committee Aide, responded the HESS Committee still                                                                
hasn't received it from Anchorage, but it is en route.                                                                          
                                                                                                                                
Number 188                                                                                                                      
                                                                                                                                
JOYANNA GEISLER from Homer asked HESS to draft legislation that                                                                 
will change Personal Care service delivery in the State.  Personal                                                              
Care services are the backbone in the continuum of  the long-term                                                               
care services mentioned by Mr. Jacobson.  Some services people need                                                             
in order to stay in their home may be just bathing and dressing                                                                 
assistance to go to work or shopping, to church or to social                                                                    
activities. Personal Care attendants in Alaska are underpaid and                                                                
underappreciated.  There's a real shortage of them, and in most of                                                              
rural and Bush Alaska, the services don't even exist.  Without                                                                  
these services, people might stay in an unsafe home environment                                                                 
that will force them to a more restrictive setting that is more                                                                 
costly, and may be outside of their own community.                                                                              
                                                                                                                                
Number 217                                                                                                                      
                                                                                                                                
The task force has studied the system for a couple of years, trying                                                             
to keep the good and looking at other states' models to fix the                                                                 
bad. MS. GEISLER stated one needed change would eliminate the model                                                             
of personal care services and replace it with the self-directed                                                                 
model, allowing a recipient to direct their own services - that is,                                                             
to recruit, hire, manage and fire their own personal care                                                                       
attendant.  A lot of individuals are capable of that management.                                                                
Accompanying the self-directed model is a limited exemption to the                                                              
Nurse Practices Act, allowing the individual to direct the personal                                                             
care attendant to perform some limited health maintenance tasks                                                                 
such as bowel/bladder care.                                                                                                     
                                                                                                                                
Other states using the self-directed model find it a "win-win                                                                   
situation" because it's cost-effective, because those recipients                                                                
who are capable can direct their own care, and because a fiscal                                                                 
agent would act as a pass-through and a supportive umbrella.  The                                                               
personal care attendant has their liability insurance and workman's                                                             
compensation paid, and has some financial security and a career                                                                 
ladder established so they can advance in their profession.                                                                     
                                                                                                                                
For individuals who cannot do the self-directed model, a personal                                                               
care agency model helps with the hiring, recruitment and scheduling                                                             
of the personal care attendant.  This system exists now, but only                                                               
one provider is allowed  in a region.  MS. GEISLER advocated                                                                    
multiple providers in a region to provide a choice and to develop                                                               
a work force in local communities.                                                                                              
                                                                                                                                
Number 264                                                                                                                      
                                                                                                                                
MS. GEISLER continued, stating another need is to study the true                                                                
cost of personal care services, and to change the reimbursement                                                                 
rate to reflect it.  Currently, a supplemental grant goes to                                                                    
provider agencies to supplement the cost of care.  Under this                                                                   
change, the supplemental grant would return to its original intent,                                                             
allowing personal care services to be purchased on a sliding scale                                                              
by non-Medicaid eligible folks.                                                                                                 
                                                                                                                                
MS. GEISLER repeated that legislation is needed for full                                                                        
implementation of the self-directed model, and  regulatory changes.                                                             
She or Patrick Reinhart would be glad to help with any of the                                                                   
changes.                                                                                                                        
                                                                                                                                
Number 280                                                                                                                      
                                                                                                                                
CHAIRMAN MILLER mentioned SENATOR PEARCE's arrival for the record.                                                              
                                                                                                                                
SENATOR ELTON stated that a big problem in Juneau has been turnover                                                             
of personal care attendants because of low pay.  He expressed                                                                   
concern that easing the Nurse Practices component may open the door                                                             
to "some scary things."                                                                                                         
                                                                                                                                
MS. GEISLER replied that in other states, that was initially a                                                                  
concern to some providers, and definitely to nurses.  Over a time                                                               
of using this, nurses felt it left them "off the hook."  This                                                                   
limited exemption is only for the person whose health care                                                                      
professional feels can take care of himself, and the self-directed                                                              
model is an individual's choice.  After a year of using it in                                                                   
Montana, the nurses really like it.                                                                                             
                                                                                                                                
CHAIRMAN MILLER asked Ms. Geisler and Mr. Reinhart to work with                                                                 
Sharon, the committee aide, in drafting legislation.  He stated                                                                 
that HESS would be happy to introduce it as a committee bill.                                                                   
                                                                                                                                
Number 312                                                                                                                      
                                                                                                                                
SENATOR WILKEN remarked that Ms. Geisler taught the long-term                                                                   
health care task force a lot about Personal Care Attendants, and                                                                
the need to build the foundation to keep people in their homes                                                                  
instead of institutions.  He thanked her for her contribution.                                                                  
                                                                                                                                
Number 325                                                                                                                      
                                                                                                                                
CINDY LYNN, Petersburg, discussed the Certificate of Need, stating                                                              
a two-year moratorium on adding nursing home beds is now up.  The                                                               
history of requirements for a Certificate of Need have only                                                                     
included accessibility, quality, and any project over $1 million in                                                             
cost.  The number of seniors in Alaska will increase and the state                                                              
will need more money to care for them.  Community-based services                                                                
have been documented to cost less and save the State money. These                                                               
include the Choice Waiver Program, Personal Care Assistance,                                                                    
Assisted Living Centers, Adult Day Care Centers, Home Modification,                                                             
Independent Living Services, and Meals on Wheels.  Approximately                                                                
80% of long-term care patients end up on Medicaid after they've                                                                 
exhausted their resources.  Medicare and private medical insurance                                                              
like Blue Cross will not pay for non-skilled care, which long-term                                                              
care is.  Skilled care includes tasks like physical therapy, IVs                                                                
and procedures.  Most old age conditions include Alzheimer Disease,                                                             
Parkinson's Disease, strokes and dementia, and none are covered by                                                              
private insurance or Medicare, so that Medicaid or Alaskan                                                                      
taxpayers inadvertently have to pay.  Most seniors don't know that.                                                             
MS. LYNN referred to a study that showed 50% of patients in long-                                                               
term care didn't need to be there for the level of care.  Each                                                                  
additional bed added to a long-term care facility is a permanent                                                                
cost to our State.  With a Certificate of Need, long-term care is                                                               
asking for a mortgage, with the State of Alaska as the bank.                                                                    
                                                                                                                                
MS. LYNN described what it would be like to leave your home for a                                                               
4-bed ward.  You'd give up the privacy to eat or watch T.V. when                                                                
you want; all of your possessions; a visit from a friend without                                                                
everyone listening; and private phone conversations.  Some dignity                                                              
and pride is lost, as well as independence and quiet. It's a big                                                                
decision, and it's not for everyone.  Many steps can happen before                                                              
a person needs that level of care.                                                                                              
                                                                                                                                
Petersburg doesn't have an Assisted Living facility yet but there                                                               
are two options for people.  A 23-bed HUD housing facility had to                                                               
solicit ten of the beds to out-of-state people because there                                                                    
weren't enough people in town to qualify. The long-term care                                                                    
facility costs $9,000 a month.  People have the option of paying                                                                
that, but MS. LYNN knows a woman who was wiped out financially                                                                  
after paying for 18 months.  Most people end up having to go on                                                                 
Medicaid. One family had a qualified Nurse's Aide who lived in                                                                  
their home for $3,000 a month. The average cost of Wrangell's                                                                   
Assisted Living facility is $2,000 a month.                                                                                     
                                                                                                                                
                                                                                                                                
Number 399                                                                                                                      
                                                                                                                                
MS. LYNN stated that long-term planning is not so different than                                                                
estate planning, and can involve a variety of community-based                                                                   
services.  A long-term care facility often isn't needed until the                                                               
end of life, if a person is terminally ill and doesn't want to have                                                             
Hospice in their home.  The long-term care facility can be used                                                                 
intermittently, but then with proper supports the person can return                                                             
to their home.  A Personal Care attendant coming in and helping                                                                 
them bathe, talking to them and keeping them oriented can keep                                                                  
people safe enough to be in their home.  Medicare will fund                                                                     
programs for nursing visits to the home for skilled procedures,                                                                 
also keeping the person out of long-term care. The Choice Waiver                                                                
program has a long waiting list, and needs more funding. It makes                                                               
more sense to fund those programs than to increase nursing beds.                                                                
                                                                                                                                
Number 420                                                                                                                      
                                                                                                                                
MS. LYNN asked the Committee to adopt the draft amended legislation                                                             
in the appendix, and the recommendation in Mr. Lindstrom's letter                                                               
from the Department of Health & Social Services that follows.                                                                   
These are practical and logical requirements for a Certificate of                                                               
Need.                                                                                                                           
                                                                                                                                
Number 433                                                                                                                      
                                                                                                                                
RUTH L'HOMMEDIEU, Fairbanks, stated she has served on the SILC                                                                  
since 1995.  One area of concern for the disabilities community                                                                 
relates to Medicaid Co-Pay, also known as the Medicaid Buy-In Bill.                                                             
HB 459 passed last year, but there have been delays and the program                                                             
has not yet been implemented.  She asked the Committee's help in                                                                
encouraging DHSS to  implement it.                                                                                              
                                                                                                                                
SENATOR KELLY asked her to describe the Medicaid Buy-In.  MS.                                                                   
L'HOMMEDIEU replied it allows people to buy in on their insurance                                                               
coverage, so they could go to work but not lose their insurance                                                                 
coverage that keeps them maintained to work.                                                                                    
                                                                                                                                
MS. L'HOMMEDIEU brought up the necessity to maintain the health                                                                 
coverage through Medicaid, the health care financing program for                                                                
the categories of Alaskans who are poor or who have disabilities.                                                               
                                                                                                                                
Kidney dialysis is not available in Juneau, only in Anchorage and                                                               
Fairbanks.  Southeasterners go to Anchorage or Seattle for this                                                                 
service.  Some people are forced to relocate near the area where                                                                
they can obtain care, and others can't afford the care and end up                                                               
dying.                                                                                                                          
                                                                                                                                
She requested a survey of the private sector to encourage a kidney                                                              
dialysis business in Juneau.  A price quote she obtained from the                                                               
Alaska Kidney Center in Anchorage for a kidney dialysis machine                                                                 
starts at $13,000.                                                                                                              
                                                                                                                                
Number 499                                                                                                                      
                                                                                                                                
MS. L'HOMMEDIEU concluded by asking the committee's support for the                                                             
Governor's budget funding level for the Division of Vocational                                                                  
Rehabilitation, and to retain the Maintenance of Effort Agreement                                                               
between the State and Federal governments for matching funds.                                                                   
                                                                                                                                
SENATOR ELTON promised he would talk to the CBJ Assembly about the                                                              
dialysis machine.                                                                                                               
                                                                                                                                
Number 518                                                                                                                      
                                                                                                                                
JERIE BEST, Soldotna, said she's served on the SILC since 1995 and                                                              
thanked the Committee, stating she had watched the Governor sign                                                                
two bills HESS had sponsored last year.  She brought up the                                                                     
Americans with Disability Act improvements, and asked the Committee                                                             
to follow last year's budget of $1.5 million to try to come into                                                                
compliance.  It's very difficult for a person with a disability to                                                              
gain access to many of the state facilities.  Alaska needs to come                                                              
into compliance, it's the law.                                                                                                  
                                                                                                                                
MS. BEST suggested adding a disclaimer on all state-generated                                                                   
paperwork that states "this is available in alternative formats                                                                 
upon request."  If an 8-1/2" x ll" format was enlarged 137% on a                                                                
photocopying machine on 11" x 17" paper, people with visual                                                                     
problems could read it.  It is relatively inexpensive to do many                                                                
things that are needed by people with disabilities.                                                                             
                                                                                                                                
Number 560                                                                                                                      
                                                                                                                                
MS. BEST brought up the need for more stringent laws dealing  with                                                              
disability parking permits.  Her concern is in having enough room                                                               
to get her wheelchair out of her car in a direct line to the curb                                                               
without having to jump up the curb. The bill coming out would                                                                   
require photo identification on the blue hanger, making it invalid                                                              
for anyone else to use it.  She has handicapped plates, but travel                                                              
requires the blue hanger for rental cars.  She suggested tightening                                                             
up the dates, using the Bureau of Vital Statistics to check deaths,                                                             
and making it a moving violation instead of just a parking ticket.                                                              
Senator Donley's bill would remove 2 points from the driver's                                                                   
license.                                                                                                                        
                                                                                                                                
Number 585                                                                                                                      
                                                                                                                                
PATRICK REINHART, Executive Director, referred to the  report in                                                                
the Committee packets, Independent Living for Alaskans With                                                                     
Disabilities. Highlights include activities in FY 98 such as                                                                    
passage of the Assisted Technology Lemon Law and the Puppy Guide                                                                
Dog law (HB 170).  SILC found numerous state or federal agencies                                                                
involved in doing or funding housing modifications to help people                                                               
remain in their homes  SILC clarified the housing modification                                                                  
providers in the State, and streamlined the eligibility criteria,                                                               
hoping to build efficiency into the system with the same amount of                                                              
money.  SILC has led in coordinating transportation between                                                                     
providers in communities; for an example, when a van for the                                                                    
Headstart Program is finished for the day, it could be used to                                                                  
transport seniors to social and recreational activities.                                                                        
                                                                                                                                
MR. REINHART stated that the five Independent Living Centers in the                                                             
State are a little different in each community but are required to                                                              
be consumer-controlled.  The majority of the board of directors and                                                             
the staff are people with disabilities.  The services provided in                                                               
FY 98 include information and referral, advocacy, transportation,                                                               
interpreters and recreation.  The State contributes about 21% of                                                                
the $2.8 million in funding from various sources; 44% comes from                                                                
the Federal government.  The Centers are non-profit and do                                                                      
fundraising and collect fees for services.  He offered to answer                                                                
questions.                                                                                                                      
                                                                                                                                
SENATOR WILKEN asked what caused the large jump from $45.0 to                                                                   
$375.0 in the category "Other" on page 2, Budget Analysis?                                                                      
                                                                                                                                
MR. REINHART replied he's not sure; it's the Mental Health Trust                                                                
Board.                                                                                                                          
                                                                                                                                
MR. JACOBSON responded that in Governor's Council on Disabilities                                                               
& Special Education, over $125,000 in grant money from the Mental                                                               
Health Trust was received for accessible home modifications.                                                                    
                                                                                                                                
DAVID MALTMAN, Executive Director, Governor's Council on                                                                        
Disabilities & Special Education, stated that SILC and his council                                                              
work closely together.  The enabling statute requires his council                                                               
to do a budget analysis  every year to help the public and the                                                                  
Committee understand the programs funded to serve people with                                                                   
disabilities.  He clarified that the $45.0 in FY 98 was to study                                                                
the closure of Harborview and personnel issues arising from its                                                                 
closure, and to determine the satisfaction of the residents and                                                                 
their families about their current placements.  The funds for next                                                              
year, FY 99 Authorized, is to study the dis-incentives of people                                                                
with disabilities to go to work.  They lose much of their public                                                                
assistance and Medicaid, which the Council tried to address last                                                                
year with the Medicaid Buy-In Bill.  They also lose housing                                                                     
subsidies and other benefits that provide a large barrier to go                                                                 
back to work.                                                                                                                   
                                                                                                                                
CHAIRMAN MILLER announced that copies were faxed and are now                                                                    
available of the Alaska Rate Study in the Assisted Living report.                                                               
He stated that HESS would not meet next Tuesday.  Next Thursday,                                                                
February 11, HESS will take up SB 31, the Mental Health bill on                                                                 
capital and operating appropriations, and move it on to Finance.                                                                
The following Thursday, February 18, Jeff Jesse, Executive Director                                                             
of the Mental Health Trust Authority will brief the Committee.                                                                  
There being no further business, CHAIRMAN MILLER adjourned at 4:35                                                              
p.m.                                                                                                                            
                                                                                                                                
                                                                                                                                

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