01/27/2016 01:30 PM Senate HEALTH & SOCIAL SERVICES
| Audio | Topic |
|---|---|
| Start | |
| SB98 | |
| HB8 | |
| HB76 | |
| SB145 | |
| SB147 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| = | SB 145 | ||
| += | SB 147 | TELECONFERENCED | |
| += | HB 8 | TELECONFERENCED | |
| += | SB 98 | TELECONFERENCED | |
| += | HB 76 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
SENATE HEALTH AND SOCIAL SERVICES STANDING COMMITTEE
January 27, 2016
1:31 p.m.
MEMBERS PRESENT
Senator Bert Stedman, Chair
Senator Cathy Giessel, Vice Chair
Senator Pete Kelly
Senator Bill Stoltze
Senator Johnny Ellis
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
SENATE BILL NO. 98
"An Act relating to diagnosis, treatment, and prescription of
drugs without a physical examination."
- HEARD & HELD
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 8(JUD) AM
"An Act relating to powers of attorney and other substitute
decision-making documents; relating to the uniform probate code;
relating to notaries public; and providing for an effective
date."
- MOVED SCS CSHB 8(HSS) OUT OF COMMITTEE
HOUSE BILL NO. 76
"An Act relating to the Governor's Council on Disabilities and
Special Education."
- MOVED HB 76 OUT OF COMMITTEE
SENATE BILL NO. 145
"An Act relating to the recovery of overpayments of day care
assistance and child care grants; and providing for an effective
date."
- HEARD AND HELD
SENATE BILL NO. 147
"An Act relating to eligibility requirements of the Alaska
senior benefits payment program; and providing for an effective
date."
- HEARD AND HELD
PREVIOUS COMMITTEE ACTION
BILL: SB 98
SHORT TITLE: PRESCRIPTION WITHOUT PHYS. EXAM.
SPONSOR(s): SENATOR(s) MICCICHE
04/07/15 (S) READ THE FIRST TIME - REFERRALS
04/07/15 (S) HSS, L&C
04/13/15 (S) HSS AT 1:30 PM BUTROVICH 205
04/13/15 (S) Heard & Held
04/13/15 (S) MINUTE(HSS)
01/25/16 (S) HSS AT 1:30 PM BUTROVICH 205
01/25/16 (S) Scheduled but Not Heard
01/27/16 (S) HSS AT 1:30 PM BUTROVICH 205
BILL: HB 8
SHORT TITLE: POWERS OF ATTORNEY
SPONSOR(s): HUGHES
01/21/15 (H) PREFILE RELEASED 1/9/15
01/21/15 (H) READ THE FIRST TIME - REFERRALS
01/21/15 (H) JUD
02/13/15 (H) JUD AT 1:00 PM CAPITOL 120
02/13/15 (H) Heard & Held
02/13/15 (H) MINUTE(JUD)
02/23/15 (H) JUD AT 1:00 PM CAPITOL 120
02/23/15 (H) Moved CSHB 8(JUD) Out of Committee
02/23/15 (H) MINUTE(JUD)
02/25/15 (H) JUD RPT CS(JUD) 2DP 4NR
02/25/15 (H) DP: LYNN, KELLER
02/25/15 (H) NR: MILLETT, CLAMAN, GRUENBERG, FOSTER
03/09/15 (H) TRANSMITTED TO (S)
03/09/15 (H) VERSION: CSHB 8(JUD) AM
03/11/15 (S) READ THE FIRST TIME - REFERRALS
03/11/15 (S) HSS, JUD
04/10/15 (S) HSS AT 1:30 PM BUTROVICH 205
04/10/15 (S) Heard & Held
04/10/15 (S) MINUTE(HSS)
01/27/16 (S) HSS AT 1:30 PM BUTROVICH 205
BILL: HB 76
SHORT TITLE: GOV COUNCIL ON DISABILITIES/SPECIAL ED
SPONSOR(s): MILLETT
01/23/15 (H) READ THE FIRST TIME - REFERRALS
01/23/15 (H) HSS
03/03/15 (H) HSS AT 3:00 PM CAPITOL 106
03/03/15 (H) Heard & Held
03/03/15 (H) MINUTE(HSS)
03/05/15 (H) HSS AT 3:00 PM CAPITOL 106
03/05/15 (H) Moved HB 76 Out of Committee
03/05/15 (H) MINUTE(HSS)
03/06/15 (H) HSS RPT 5DP
03/06/15 (H) DP: TARR, VAZQUEZ, TALERICO, WOOL,
SEATON
04/10/15 (H) TRANSMITTED TO (S)
04/10/15 (H) VERSION: HB 76
04/11/15 (S) READ THE FIRST TIME - REFERRALS
04/11/15 (S) HSS, EDC
01/25/16 (S) HSS AT 1:30 PM BUTROVICH 205
01/25/16 (S) Heard & Held
01/25/16 (S) MINUTE(HSS)
01/27/16 (S) HSS AT 1:30 PM BUTROVICH 205
BILL: SB 145
SHORT TITLE: DAY CARE ASSISTANCE & CHILD CARE GRANTS
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
01/19/16 (S) READ THE FIRST TIME - REFERRALS
01/19/16 (S) HSS, FIN
01/27/16 (S) HSS AT 1:30 PM BUTROVICH 205
BILL: SB 147
SHORT TITLE: SENIOR BENEFITS PROG. ELIGIBILITY
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
01/19/16 (S) READ THE FIRST TIME - REFERRALS
01/19/16 (S) HSS, FIN
01/27/16 (S) HSS AT 1:30 PM BUTROVICH 205
WITNESS REGISTER
SENATOR PETER MICCICHE
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of SB 98.
KEN MCCARTY, Executive Director
Discovery Cove Counseling
Eagle River, Alaska
POSITION STATEMENT: Testified in support of SB 98.
REPRESENTATIVE SHELLEY HUGHES
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of HB 8.
GINGER BLAISDELL, Staff
Representative Shelley Hughes
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented information regarding HB 8.
GRACE ABBOTT, Staff
Representative Charisse Millett
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented information on HB 76.
SEAN O'BRIEN, Director
Division of Public Assistance (DPA)
Department of Health and Social Services (DHSS)
Juneau, Alaska
POSITION STATEMENT: Presented information on SB 145 and SB 147.
STACIE KRALY, Assistant Attorney General
Human Services Section
Department of Law
Juneau, Alaska
POSITION STATEMENT: Answered questions related to SB 145.
JANICE BRADEN, Program Manager
Child Care Program Office
Division of Public Assistance (DPA)
Department of Health and Social Services (DHSS)
Juneau, Alaska
POSITION STATEMENT: Answered questions related to SB 145.
MONICA MITCHELL, Chief
Policy and Program Development
Division of Public Assistance
Juneau, Alaska
POSITION STATEMENT: Answered questions related to SB 147.
ACTION NARRATIVE
1:31:44 PM
CHAIR BERT STEDMAN called the Senate Health and Social Services
Standing Committee meeting to order at 1:31 p.m. Present at the
call to order were Senators Giessel, Kelly, Stoltze, and Chair
Stedman. Senator Ellis arrived shortly thereafter.
SB 98-PRESCRIPTION WITHOUT PHYS. EXAM
1:32:47 PM
CHAIR STEDMAN announced that the first business would be SB 198.
He noted the bill was previously heard on April 13, 2015. After
a presentation by the bill's sponsor, an amendment by a
committee member will be offered.
1:33:27 PM
SENATOR PETER MICCICHE, Alaska State Legislature, sponsor of SB
98, summarized that SB 98 is about improving the efficiency of
medical services delivered in Alaska. It is primarily focused on
Medicaid efficiency, but also allows for the expansion of
telemedicine. Many companies include the option of telemedicine,
but, currently, there are restrictions regarding it.
SENATOR GIESSEL moved to adopt Amendment 1:
A M E N D M E N T 1
Page 1, line 2, following "examination":
Insert "by a physician; relating to the delivery
of services by a licensed professional counselor,
marriage and family therapist, psychologist,
psychologist assistant, and social worker by audio,
video, or data communications"
Page 1, following line 3:
Insert new bill sections to read:
"* Section 1. AS 08.29.400 is amended by adding a
new subsection to read:
(b) The board may not impose disciplinary
sanctions on a licensee for the evaluation, diagnosis,
or treatment of a person through audio, video, or data
communications when physically separated from the
person if
(1) the licensee or another licensed health
care provider is available to provide follow-up care;
and
(2) the licensee requests that the person
consent to sending a copy of all records of the
encounter to a primary care provider if the licensee
is not the person's primary care provider and, if the
person consents, the licensee sends the records to the
person's primary care provider.
* Sec. 2. AS 08.63.210 is amended by adding new
subsections to read:
(c) The board may not impose disciplinary
sanctions on a licensee for the evaluation, diagnosis,
supervision, or treatment of a person through audio,
video, or data communications when physically
separated from the person if
(1) the licensee or another licensed health
care provider is available to provide follow-up care;
(2) the licensee requests that the person
consent to sending a copy of all records of the
encounter to a primary care provider if the licensee
is not the person's primary care provider and, if the
person consents, the licensee sends the records to the
person's primary care provider; and
(3) the licensee meets the requirements
established by the board in regulation.
(d) The board shall adopt regulations restricting
evaluation, diagnosis, supervision, and treatment
authorized under (c) of this section by establishing
standards for training, confidentiality, supervision,
practice, and related issues."
Page 1, line 4:
Delete "Section 1"
Insert "Sec. 3"
Renumber the following bill sections accordingly.
Page 2, following line 16:
Insert new bill sections to read:
"* Sec. 5. AS 08.86.204 is amended by adding a new
subsection to read:
(c) The board may not impose disciplinary
sanctions on a licensee for the evaluation, diagnosis,
or treatment of a person through audio, video, or data
communications when physically separated from the
person if
(1) the licensee or another licensed health
care provider is available to provide follow-up care;
and
(2) the licensee requests that the person
consent to sending a copy of all records of the
encounter to a primary care provider if the licensee
is not the person's primary care provider and, if the
person consents, the licensee sends the records to the
person's primary care provider.
* Sec. 6. AS 08.95.050 is amended by adding a new
subsection to read:
(b) The board may not impose disciplinary sanctions on
a licensee for the evaluation, diagnosis, or treatment
of a person through audio, video, or data
communications when physically separated from the
person if
(1) the licensee or another licensed health
care provider is available to provide follow-up care;
and
(2) the licensee requests that the person
consent to sending a copy of all records of the
encounter to a primary care provider if the licensee
is not the person's primary care provider and, if the
person consents, the licensee sends the records to the
person's primary care provider."
CHAIR STEDMAN objected for discussion.
1:34:23 PM
SENATOR GIESSEL explained that Amendment 1 adds four groups of
behavioral health care providers to the option of telehealth,
providing services in various ways. She said the amendment adds
professional counselors, marital and family therapists,
psychologists and psychologic associates, and social workers.
The statue change would authorize the option for the related
regulatory boards to allow telehealth services by these four
provider groups. She stated that they are not mandated to do so.
She stressed the need for expanded behavioral health services in
the state, which can be effectively delivered by telehealth,
especially in rural areas where there are limited providers.
CHAIR STEDMAN asked Senator Micciche for his opinion of
Amendment 1.
1:36:43 PM
SENATOR MICCICHE stated that SB 98 is a good bill and Amendment
1 makes it a better bill. He noted that the absence of travel to
obtain medical treatment provides the greatest efficiency. He
said the involvement of the boards and the addition of specific
skill sets provided by the amendment make SB 98 a better bill.
He concluded that he is very much in support of the amendment
and appreciates Senator Giessel's efforts.
1:37:14 PM
KEN MCCARTY, Executive Director, Discovery Cove Counseling,
testified in support of SB 98. He said his business would use
telemedicine for psychotherapy. He said the amendment would be a
big asset to his business.
CHAIR STEDMAN withdrew his objection and Amendment 1 was
adopted.
CHAIR STEDMAN said the amendment will be rewritten in bill
format and brought back to the committee. He held HB 98 in
committee.
HB 8-POWERS OF ATTORNEY
1:39:47 PM
CHAIR STEDMAN announced the consideration of HB 8, which was
previously heard by the committee on April 10, 2015. He noted
that there was a new committee substitute (CS) before the
committee.
1:40:34 PM
REPRESENTATIVE SHELLEY HUGHES, Alaska State Legislature, sponsor
of HB 8, explained that HB 8 would help protect older Alaskans
who might be susceptible to fraud and financial abuse. She
stressed the importance of protecting vulnerable older Alaskans
by clarifying what is being signed in a Power of Attorney. She
said HB 8 updates the statutory form.
She related that there are over 600 allegations of financial
exploitation in Alaska, many of which involve the elderly. HB 8
strengthens the statute by clarifying responsibilities of the
person who is receiving the Power of Attorney, customizing it
specifically for Alaska, as well as for parties who live across
state lines. She opined that the updates will help vulnerable
Alaskans to understand what they are signing.
CHAIR STEDMAN noted the arrival of Senator Ellis.
1:42:29 PM
SENATOR GIESSEL moved to adopt the SCS for CSHB 8, labeled 29-
LS0055\N.A, as the working document before the committee.
1:42:35 PM
At ease.
1:42:46 PM
SENATOR GIESSEL amended her motion to say "version G", as the
working document.
CHAIR STEDMAN objected for discussion purposes.
1:43:25 PM
GINGER BLAISDELL, Staff, Representative Shelley Hughes, Alaska
State Legislature, presented information regarding HB 8.
CHAIR STEDMAN requested a brief explanation of the technical
clean ups.
SENATOR STOLTZE also requested a brief presentation.
CHAIR STEDMAN noted that the bill has been thoroughly explained
and said he wanted to hear of the changes in the new CS.
MS. BLAISDELL explained that version G improves the existing
Power of Attorney by updating terminology regarding the
"principal" who owns the finances and the "agent," the person
who is acting on the principal's behalf. The definition for
"signing" the document has been updated and now allows the
individual who may not be able to write their name, to use
another form of a signature, such as an audible signature or a
signer on their behalf. It identifies the duties of an agent and
states the responsibility of the agent to act in the best
interests of the principal.
MS. BLAISDELL stated that version G also adds a new section
dealing with judicial relief, which allows family members or
professionals who are familiar with the principal to ask a court
to review an agent's actions.
She noted, at the request of the committee, version G adds a
signature verification line that a notary public would have to
accept and recognize the information of a person who might be
signing on behalf of the principal. It also adds a requirement
that the principal must sign the form unless they are physically
unable to.
1:47:17 PM
SENATOR STOLTZE asked how incapacitation relates to the bill.
REPRESENTATIVE HUGHES explained how the changes would protect an
incapacitated person. Previously, the principal might not have
known what they were signing due to the wording on the form.
She noted wide-spread support for the bill from the Commission
on Aging, AARP, Association of Mature Americans, and the Mat-Su
Coalition on Aging.
1:49:04 PM
CHAIR STEDMAN requested a review from the Lt. Governor's Office
in order to minimize the potential of someone taking abusive
action over someone else's finances.
CHAIR STEDMAN removed his objection and version G was adopted.
REPRESENTATIVE HUGHES thanked the committed for their support.
1:50:18 PM
SENATOR GIESSEL moved to report SCS CSHB 8 (HSS), version G,
from committee with individual recommendations and attached zero
fiscal notes. There being no objection, the motion carried.
HB 76-GOV COUNCIL ON DISABILITIES/SPECIAL ED
1:51:13 PM
CHAIR STEDMAN announced the consideration of HB 76. He noted the
bill was previously heard on January 25, 2016.
1:51:34 PM
GRACE ABBOTT, Staff, Representative Charisse Millett, Alaska
State Legislature, presented information on HB 76. She related
that the bill removes the word "gifted" from the Governor's
Council on Disabilities and Special Education's enabling
statute. The responsibility for gifted students now rests with
school districts.
CHAIR STEDMAN noted the committee has heard the bill and public
hearing has been held.
1:52:43 PM
SENATOR GIESSEL moved to report HB 76, version 29-LS0369\A, from
committee with individual recommendations and attached zero
fiscal note. There being no objection, the motion carried.
SB 145-DAY CARE ASSISTANCE & CHILD CARE GRANTS
1:53:17 PM
CHAIR STEDMAN announced the consideration of SB 145. He noted it
is the first hearing on the bill and is sponsored by the Office
of the Governor.
SEAN O'BRIEN, Director, Division of Public Assistance (DPA),
Department of Health and Social Services (DHSS), presented
information on SB 145. He related that the Child Care Program
Office administers the federal Child Care Development Program,
which provides child care funding for qualified low income
individuals. It offers temporary assistance programs to support
those individuals so they can return to work. He explained that
SB 145 would allow for the collection of overpayments and the
garnishment of PFDs when necessary. There is currently no
garnish option, only voluntary repayment.
MR. O'BRIEN stated that the bill addresses four aspects: it
supports the compliance with the Child Care Development Program
to recover improper or fraudulent payments and addresses a gap
in DPA's authority to refute those payments, it provides
consistency of collection and practices within DPA programs
streamlining the collection process and releasing an amount of
staff time in collection attempts, it enables an alternative
source of recruitment when the recipient does not voluntarily
repay the overpayment, and it allows the division to leverage an
estimated $500,000 in the future to help cover the cost of this
effort.
1:56:28 PM
MR. O'BRIEN reported that Section 1 of the bill contains the
statutes that would allow the division to move forward. He said
the bill provides for a long-needed change. He noted an attached
zero fiscal note.
1:57:00 PM
SENATOR STOLTZE asked how far the reach back to recover funds
goes.
MR. O'BRIEN said the effectual date of the bill is July 1, 2016.
SENATOR STOLTZE asked if the bill reaches back to FY 15.
MR. O'BRIEN deferred to Ms. Kraly to answer.
1:58:45 PM
STACIE KRALY, Assistant Attorney General, Human Services
Section, Department of Law, answered questions related to SB
145. She said the effective date is July 1, 2016, which allows
the Division to garnish the 2016 PFD and also collect past
debts.
SENATOR STOLTZE asked if collected funds go back to the general
fund.
MR. O'BRIEN explained that the monies collected would go back
into the federal fund account.
2:00:41 PM
JANICE BRADEN, Program Manager; Child Care Program Office,
Division of Public Assistance (DPA), Department of Health and
Social Services (DHSS), answered questions related to SB 145.
She agreed that all collected funds would be returned to the
federal account.
SENATOR STOLTZE asked for the method of appropriation.
MS. BRADEN offered to get back to the committee on that.
2:02:08 PM
SENATOR GIESSEL referred to page 2, line 2, of the bill and
inquired how far back the recovery process could go.
MR. O'BRIEN understood that the program would have a one-year
look back period from July 1, 2016.
CHAIR STEDMAN requested more information about the amount of
unpaid monies looking back.
SENATOR STOLTZE asked whether a federal audit initiated the
bill.
2:04:15 PM
MS. BRADEN explained that the Child Care Assistance Program is
funded through the Child Care and Development Fund and has a
requirement to recoup improper or fraudulent payments. There are
regulations in place that support that policy. Currently, there
is no ability for anything but a voluntary repayment.
SENATOR STOLTZE asked what caused the overpayments.
CHAIR STEDMAN requested that the division provide that
information at a later date.
2:06:15 PM
SENATOR ELLIS provided a brief history of the program under
Governor Wally Hickel. He shared a story about Governor Hickel's
plan to get rid of day care assistance and child care grants.
The legislature informed Governor Hickel that the monies were
primarily federal funded. Senator Ellis described a button he
made that said "Day Care Prevents Welfare," which was noticed by
Mrs. Hickel who then influenced the Governor's decision to
continue to accept federal funding for day care assistance and
child care.
2:07:57 PM
CHAIR STEDMAN opened public hearing, and seeing no testifiers,
closed public hearing.
CHAIR STEDMAN held SB 145 in committee.
MR. O'BRIEN offered to provide the requested information to the
committee at the next hearing.
SB 147-SENIOR BENEFITS PROG. ELIGIBILITY
2:09:10 PM
CHAIR STEDMAN announced that the final bill would be SB 147.
SEAN O'BRIEN, Director, Division of Public Assistance,
Department of Health and Social Services (DHSS), presented
information on SB 147. He said that the bill pertains to the
Senior Benefits Program, which is a cash benefit program for
Alaska seniors age 65 and older with low or moderate income. The
monthly cash benefits range from $125 to $250 per month,
depending on the level of income and are directly tied to Alaska
Federal Poverty Guidelines.
He explained that the bill's intent has four areas; it adds an
additional eligibility requirement that a recipient of the
Senior Benefits program must be a citizen of the United States
or a qualified alien, and it aligns with all other public
assistance programs. It corrects the original intent of the
program, which was to be in alignment with the Adult Public
Assistance Program, and it is estimated to save approximately
$43,000 annually, based on current enrollment numbers for FY 15.
2:11:44 PM
SENATOR STOLTZE asked who would be excluded from the benefits
with this change.
2:12:05 PM
MONICA MITCHELL, Chief, Policy and Program Development, Division
of Public Assistance, answered questions related to SB 147. She
said the division has identified 16 individuals who would be
excluded, but there may be more.
SENATOR STOLTZE requested more information about the
qualifications of a qualified aliens.
MS. MITCHELL explained that a qualified alien could be a refugee
or other category.
SENATOR STOLTZE asked if the unqualified aliens are criminals.
MS. MITCHELL said she would have to look at individual cases and
follow up with that information.
CHAIR STEDMAN requested more specific information about the 16
identified qualified aliens.
He opened public hearing and, seeing no testifiers, closed it
again.
2:15:20 PM
CHAIR STEDMAN held SB 147 in committee.
2:16:16 PM
There being no further business to come before the committee,
Chair Stedman adjourned the Senate Health and Social Services
Standing Committee at 2:16 p.m.