Legislature(2021 - 2022)BUTROVICH 205
01/27/2021 01:30 PM Senate JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| Overview: Emergency Disaster Declaration Extension by Department of Law and Department of Health & Social Services | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
ALASKA STATE LEGISLATURE
SENATE JUDICIARY STANDING COMMITTEE
January 27, 2021
1:32 p.m.
MEMBERS PRESENT
Senator Lora Reinbold, Chair
Senator Mike Shower, Vice Chair
Senator Shelley Hughes
Senator Robert Myers
Senator Jesse Kiehl
MEMBERS ABSENT
All members present.
OTHER LEGISLATORS PRESENT
Representative Sarah Vance
Senator Roger Holland
COMMITTEE CALENDAR
OVERVIEW: EMERGENCY DISASTER DECLARATION EXTENSION BY DEPARTMENT
OF LAW AND DEPARTMENT OF HEALTH & SOCIAL SERVICES
- HEARD
PREVIOUS COMMITTEE ACTION
No previous action to record.
WITNESS REGISTER
MARTIN KULLDORFF, PhD, Professor
Department of Medicine
Harvard Medical School and Brigham and Women's Hospital
Harvard University
Boston, Massachusetts
POSITION STATEMENT: Testified during the overview on Emergency
Disaster Declaration Extension.
ADAM CRUM, Commissioner
Office of the Commissioner
Department of Health and Social Services (DHSS)
Juneau, Alaska
POSITION STATEMENT: Presented a PowerPoint on the State of
Alaska Response to COVID-19.
ACTION NARRATIVE
1:32:23 PM
CHAIR LORA REINBOLD called the Senate Judiciary Standing
Committee meeting to order at 1:32 p.m. Present at the call to
order were Senators Shower, Myers, Kiehl, Hughes, and Chair
Reinbold.
1:34:08
CHAIR REINBOLD made opening remarks. She referenced the
jurisdiction of the Senate Judiciary Standing Committee on page
8 of the Alaska State Legislature Uniform Rules. Rule 20,
Standing Committees states, "Judiciary (the programs and
activities of the Alaska Court System and the Department of Law,
and the legal and substantive review of bills referred to it for
that purpose."
CHAIR REINBOLD also referenced the US Constitution and read the
oath of office in Article 12, Section 5, of the Constitution of
the State of Alaska, which all State Legislatures Senators and
Representatives must take, as follows:
I do solemnly swear (or affirm) that I will support
and defend the Constitution of the United States and
the Constitution of the State of Alaska, and that I
will faithfully discharge my duties as . . . to the
best of my ability."
CHAIR REINBOLD pointed out it is important to note that is the
supreme law of the land. She stated that the ongoing disaster
declarations raise serious legal concerns. Eight of the DHSS's
health mandates currently in place raise constitutional
concerns. Since the Department of Law approved these mandates,
the Senate Judiciary Standing Committee is the appropriate
committee to review the mandates.
1:35:58
CHAIR REINBOLD read other provisions in the Constitution of the
State of Alaska in Article 1, Declaration of Rights as part of
her opening remarks, as follows:
Section 1. Inherent Rights:
This constitution is dedicated to the principles that
all persons have a natural right to life, liberty, the
pursuit of happiness, and the enjoyment of the rewards
of their own industry; that all persons are equal and
entitled to equal rights, opportunities, and
protection under the law; and that all persons have
corresponding obligations to the people and to the
State.
Section 2. Source of Government:
All political power is inherent in the people. All
government originates with the people, is founded upon
their will only, and is instituted solely for the good
of the people as a whole.
Section 3. Civil Rights:
No person is to be denied the enjoyment of any civil
or political right because of race, color, creed, sex,
or national origin. The legislature shall implement
this section. [Amended 1972]
Section 4. Freedom of Religion:
No law shall be made respecting an establishment of
religion or prohibiting the free exercise thereof.
Section 5. Freedom of Speech:
Every person may freely speak, write, and publish on
all subjects, being responsible for the abuse of that
right.
Section 6. Assembly; Petition:
The right of the people peaceably to assemble, and to
petition the government shall never be abridged.
Section 7. Due Process:
No person shall be deprived of life, liberty, or
property, without due process of law. The right of all
persons to fair and just treatment in the course of
legislative and executive investigations shall not be
infringed.
Section 9. Jeopardy and Self Incrimination:
No person shall be put in jeopardy twice for the same
offense. No person shall be compelled in any criminal
proceeding to be a witness against himself.
Section 14. Searches and Seizures,
The right of the people to be secure in their persons,
houses and other property, papers, and effects,
against unreasonable searches and seizures, shall not
be violated. No warrants shall issue, but upon
probable cause, supported by oath or affirmation, and
particularly describing the place to be searched, and
the persons or things to be seized.
Section 22. Right of Privacy. The right of the people
to privacy is recognized and shall not be infringed.
The legislature shall implement this section. [Amended
1972].
CHAIR REINBOLD informed members that she requested several
administration members to testify today, but these staff were
not approved to attend. Instead, the committee's focus today
would consider lockdowns for school closures, the elderly, and
the state's most vulnerable populations, she said.
^OVERVIEW: Emergency Disaster Declaration Extension by
Department of Law and Department of Health & Social Services
OVERVIEW: Emergency Disaster Declaration Extension by Department
of Law and Department of Health & Social Services
1:39:15 PM
CHAIR REINBOLD announced consideration of the Overview:
Emergency Disaster Declaration Extension by the Department of
Law and Department of Health & Social Services.
She recognized Representative Vance joined the meeting.
CHAIR REINBOLD reviewed the committee packet, turned to the
presenters, beginning with Dr. Kulldorff. She said he co-
authored the Great Barrington Declaration, which has been
translated into 43 languages. It has been read by 727,145
concerned citizens, 13,290 medical and public health scientists,
and over 40,000 practitioners.
1:42:24 PM
MARTIN KULLDORFF, PhD, Professor, Department of Medicine,
Harvard Medical School and Brigham and Women's Hospital, Harvard
University, Boston, MA, introduced himself. He said he is also a
biostatistician and epidemiologist. He has worked on infectious
disease outbreaks for several decades. Initially the approach
taken to address the pandemic was very stunning to him and many
of his colleagues. The key feature of COVID-19 is that the risk
of mortality and hospitalization is dramatically different for
elders and the youngest, a thousand-fold. While it is more
serious for elders than the annual influenza, COVID-19 is less
dangerous for children. It should be clear by now that COVID-19
lockdowns for the whole population do not work. It has not
worked to control it, but it pushed the problem forward in time.
He explained that lockdown did not put in measures to protect
the vulnerable elderly. He co-authored the Great Barrington
Declaration to urge policy makers to do a much better job
protecting older high-risk people by using basic health
principles but allow children and young adults to live nearly
normal lives. Children and adults should still wash their hands
and stay home when ill.
1:45:10 PM
DR. KULLDORFF said closing schools, reducing medical
appointments, and instituting lockdowns, has had enormous
negative collateral damage on other aspects of public health.
DR. KULLDORFF explained that health must be considered in its
entirety. He provided examples of collateral damage due to
lockdowns, including that childhood immunization rates
plummeted, cancer screening and treatment diminished,
cardiovascular diseases worsened, resulting in enormous mental
health consequences.
DR. KULLDORFF said he did not see any benefit to closing schools
in terms of COVID-19.
1:47:00 PM
DR. KULLDORFF reported that in early October, he, Dr. Jay
Bhattacharya, a Stanford University Medical School professor,
and an Oxford professor Dr. Sunetra Gupta, an epidemiologist,
issued the declaration for focused protection as an alternative
to the lockdowns. He related that all three have worked on
infectious disease epidemiology for many years. He characterized
this approach as not a novel approach from a public health
perspective. Many people have advocated for this approach since
March, he said. The declaration follows the plans that most
countries' pandemic preparedness plans used in previous years.
This summarizes the Great Barrington Declaration, he said. He
said lockdowns have never been tried before and by now it should
be clear that these lockdowns represent the biggest public
health fiasco ever.
1:48:23 PM
DR. KULLDORFF said he would expand on protecting the elderly. He
suggested prioritizing vaccinations by age due to higher risk,
especially in the nursing homes, which Alaska is doing. He
recommended conducting more frequent testing in nursing homes
for staff and visitors. He suggested those in their 60s should
take a sabbatical when the virus transmission is up. Currently,
affluent professionals are protected because they are able to
work from home. Whereas the working class has experienced the
burden because this group has had to work in person. Those
infected generate immunity in the population that eventually
protects everyone. The consequences on public health have been
severest for the working class, the elderly, children, and the
poor. The risks posed to children by the pandemic is less than
of influenza. Each year 200 - 1,000 children die from influenza.
In 2020, less than 200 children in the US died from COVID-19. By
reviewing Sweden's experience during periods of significant
transmission in the spring, schools and daycares were kept open
affecting ages 1-15. He reported that 1.8 million children
attended school but none died from COVID-19, although a few
children were hospitalized. He concluded that shows that even
when in-person schools are open, COVID-19 does not pose dangers
to children.
1:52:02 PM
DR. KULLDORFF said when schools are closed, children suffer from
a lack of education and physical health, mental health, and
social development without any reason to do so.
He related that teachers in Sweden were at less risk than other
professionals even though their schools were kept open. He
concluded that if schools were a major transmitter of the virus,
these teachers should have been at higher risk. He suggested
that teachers in their 60s are at a somewhat higher risk, he
suggested that those older teachers could work remotely online
or by assisting other teachers. He reiterated that younger
teachers could teach in person. That summarizes the philosophy
of the Great Barrington Declaration. This proposal has been
reviewed by numerous providers and over 10,000 public health and
medical scientists, 40,000 medical practitioners, and 700,000
have signed in support. This is not a fringe view, he said. It
has not been widely publicized, but his colleagues support this
type of focused protection rather than lockdown approach.
1:55:44 PM
SENATOR KIEHL recalled that Dr. Kulldorff said lockdowns have
not worked to control this pandemic. He asked whether the
epidemic curve did not flatten due to the imposed lockdown
restrictions. He further asked if the state would have had the
same virus spread without them.
DR. KULLDORFF answered yes and no. He explained that lockdowns
could flatten the curve, reducing peak hospitalizations per
week, but it does not prevent people from being infected. It
just postponed the infections to the future. He reiterated that
it is very clear the lockdowns have not protected people. People
thought that lockdowns would protect everyone, but it has not
been the case. With this type of pandemic, thinking that it
could be magically suppressed is unrealistic from a public
health point of view. The key is to protect those at a higher
risk, such as older people. The US suffered enormous mortality,
about 400,000, of which the vast majority are older people. Due
to a lack of testing and too much staff rotation, nursing homes
became infected. He said he has observed older people taking
risks by shopping at the supermarket instead of having their
groceries delivered. However, it is okay for those 30 years of
age to go to stores because this is a low-risk group.
1:58:36 PM
SENATOR KIEHL asked him to compare the list of the total harms
from lockdowns, including mental health crisis, suicide
attempts, worse cardiac outcomes, and mental health problems, to
the total harms to society from COVID-19.
DR. KULLDORFF answered that while some data is available, it is
incomplete. It will take several years to identify the total
collateral damage. For example, if someone missed their cervical
cancer screening, the person might die four years from now
instead of living another 15-20 years. He reported that until
October and November 2020, about 4 percent of the deaths in the
25-45 age group were due to COVID-19. At the same time, this age
group experienced 25 percent excess deaths compared to previous
years. He was unsure how many of those deaths were due to
cardiovascular and other non-COVID-19 issues, but most of these
deaths were not due to COVID-19. He suggested these deaths were
affected by other things, such as the lockdowns or people's fear
about seeking medical care during the pandemic.
2:02:05 PM
SENATOR HUGHES said the committee was interested in the impacts.
She noted she discovered the Great Barrington Declaration was
named after a location in Massachusetts. She said she found that
some people on the internet accused some signers of being "fake
signers." She said the packet materials also listed some
questionable signers. She asked him to address the legitimate
signers.
DR. KULLDORFF reported that less than one percent were "fake."
He acknowledged that some pranksters signed under fake names,
which were removed.
SENATOR HUGHES said some notable fake names were Professor
Sponge Bob Square Pants, Professor Ware, The Mask and Dr. Person
Fake Name. However, there were many legitimate signers, she
said.
2:04:56 PM
DR. KULLDORFF said the Great Barrington Declaration has an FAQ
that has listed some of the more humorous ones.
2:05:17 PM
CHAIR REINBOLD reiterated the figures and categories of
signatures of those who signed in support of the declaration.
She indicated that these figures will be posted to Senate
Judiciary Committee documents on BASIS.
2:05:44 PM
SENATOR SHOWER stated he read Dr. Kulldorff's report, including
how decisions were made to implement lockdowns or other
mandates. He said those decisions drive the policies, which can
have a huge impact. For example, while over two million people
have died from COVID-19 worldwide, the United Nations predicts
that 130 million will starve due to COVID-19 lockdowns. He
stressed the importance of striving to provide a balance when
developing policies. Last year, [the epidemiologists] expressed
concern that the death toll in Alaska could reach 20,000 by the
middle of April, yet only nine deaths occurred. He asked if the
COVID-19 policies were developed out of fear or bad science, and
if the science has improved as more is known about COVID-19. He
further asked how to achieve the best policy balance to address
COVID-19 to reduce harm.
2:08:10 PM
DR. KULLDORFF answered that as a public health scientist, he was
absolutely stunned in March 2020 to learn that lockdowns were
being established. He said he understood that it was to flatten
the curve but trying to suppress this pandemic is completely
unrealistic.
2:08:52 PM
DR. KULLDORFF offered his view that it did not make sense from a
public health perspective, nor did it follow traditional
principles of health used for decades. First, it's important to
look at all diseases, not just on COVID-19. Second, the long
term outcomes must be considered, not just the short term.
Third, it's important to consider the entire population,
including the poor and those in developing countries who were
potentially facing 130,000 deaths. It has been detrimental to
those in Africa and Latin America. He was unsure of the reasons
for the lockdown policies. He said public health officials could
not get their views opposing lockdowns heard. As a native of
Sweden, he published his alternative approach to lockdowns in
Sweden in March. Still, the media was not interested until the
late summer and early fall, when he published information in the
Wall Street Journal and other publications.
2:10:45 PM
SENATOR SHOWER asked if the state should consider adjusting
policies, such as ending lockdowns and other mandates based on
the data.
DR. KULLDORFF answered yes.
2:11:38 PM
SENATOR HUGHES noticed his resume highlighted his specialty is
in real-time post-market drug and vaccine safety surveillance.
She wondered if he was monitoring the vaccine distribution and
if he will be reporting on it.
DR. KULLDORFF answered that he serves on the [Center for Disease
Control and Prevention (CDC)] Vaccine Safety Working Group
Advisory committee on COVID-19. That committee reports to the
CDC.
2:12:23 PM
SENATOR KIEHL said the issue of focused protection is something
Alaska has tried to accomplish, including protecting those in
the Pioneer Homes and [assisted living homes providing] elder
care. He asked who has done it right. He stated that it has not
been very successful in most places he has seen. He asked for
the model to use in situations where community spread has
increased and what will effectively protect them.
2:13:05 PM
DR. KULLDORFF answered that now that the US has vaccines, it is
important to vaccinate nursing home staff and to institute daily
testing of staff and visitors. He acknowledged the importance of
family and friends visiting the elderly, but these visitors must
be tested. It can be done through an antigen test that can be
administered the same morning. He suggested minimizing staff
rotations so the same nursing home staff do not work in multiple
nursing homes or in different sections of the nursing home. He
characterized these measures as the traditional standard of
public health measures needed to protect the elderly. This has
been done in some places, but not all. He said it could have
been done and should have been done.
2:14:17 PM
CHAIR REINBOLD thanked him for exposing the grave concerns about
the damaging physical and mental health impact of the prevailing
COVID-19 policies. She noted that Anchorage has been on lockdown
but it is slowly opening up. She agreed that the problem needs
to be viewed holistically. She read from [page 1] of the Great
Barrington Declaration, "As immunity builds in the population,
the risk of infection to all - including the vulnerable -
falls."
CHAIR REINBOLD paraphrased the following two paragraphs, which
read:
We know that all populations will eventually reach
herd immunity - i.e. the point at which the rate of
new infections is stable - and that this can be
assisted by (but is not dependent upon) a vaccine. Our
goal should therefore be to minimize mortality and
social harm until we reach herd immunity.
The most compassionate approach that balances the
risks and benefits of reaching herd immunity, is to
allow those who are at minimal risk of death to live
their lives normally to build up immunity to the virus
through natural infection, while better protecting
those who are at highest risk. We call this Focused
Protection.
2:16:56 PM
CHAIR REINBOLD recognized Senator Holland joined the meeting.
She listed participants who were online.
2:17:02 PM
CHAIR REINBOLD highlighted some of the mandates imposed by the
Department of Health and Social Services and the adverse effects
on residents:
Date Issued Mandate Description
3/13/2020 001 Visitation at State Institutes, Non-
Contact Student Days at Schools.
3/16/2020 002 State Libraries, Archives, Museums &
Residential Schools
3/17/2020 003 Statewide Closure Restaurants, Bars,
Entertainment
3/17/2020 004 Travel
3/19/2020 005 Elective Medical Procedures
3/19/2020 006 Elective Oral Health Procedures
3/20/2020 007 Fairbanks North Star Borough & Ketchikan
Gateway Borough Personal Care Services and
Gatherings
3/20/2020 008 Public and Private Schools
3/23/2020 009 Personal Care Services and Gatherings
3/23/2020 010 International and Interstate Travel
Order for Self-Quarantine
3/27/2020 011 Social Distancing
3/27/2020 012 Intrastate Travel Limiting travel
between communities to critical infrastructure or
critical personal needs
4/9/2020 013 K-12 Public and Private Schools
4/13/2020 014 Non-congregate sheltering order
4/15/2020 015 Services by Health Care Providers
4/22/2020 016 Reopen Alaska Responsibly Plan Phase
1-A
4/23/2020 017 Protective Measures for Independent
Commercial Fishing Vessels
5/11/2020 018 Intrastate Travel
2:17:20 PM
CHAIR REINBOLD briefly summarized the effects of some of the
mandates. She said Mandate 1.1 limited visitation to the elderly
and schools were closed for two weeks. Mandate 1.2 closed
schools for two weeks. Mandate 2.2 closed residential schools
and sent students home. Mandate 3 closed restaurants to dine in
and were limited to five people. Gyms and entertainment
businesses were also closed. This mandate was applied
arbitrarily with some exemptions. Mandate 4 started the travel
delays with 14 day quarantine upon return to the state.
CHAIR REINBOLD continued her summary. Mandate 5 postponed
elective procedures for about three months, directing the health
care of residents. Mandate 6 postponed oral procedures for a
month. Mandate 7 required people in the Fairbanks North Star
Borough and the Ketchikan Gateway Borough to socially distance
by six feet. The mandate limited gatherings to less than 10
people, including churches, which impacted people's
constitutional rights, she said.
She reported that Mandate 8, issued on March 20, 2020, closed
public and private schools and all after school activities. She
said this became a blueprint for some of the smaller
[communities] to adopt some of these policies with the help of
Governor Dunleavy. She said the attorney general drafted
regulations for boroughs and local communities who felt they did
not have jurisdiction in these areas.
2:19:19 PM
CHAIR REINBOLD said Mandate 9 expanded the effects of Mandate 8
across the state. This meant all individuals were required to
stop working and traveling with some exclusions. She said this
mandate had the effect of helping to shut down the economy.
Mandate 10 allowed the commissioner to arbitrarily determine the
essential and non-essential workers. She added that Mandate 5
imposed penalties for organizations and businesses of up to
$1,000 per violation and a class A misdemeanor. This provision
allowed a business to be fined $25,000 and up to a $2.5 million
fine if it resulted in death and up to $500,000 and a class A
misdemeanor if the action did not result in death. She said this
gives the Senate Judiciary Committee jurisdiction, since it
pertains to criminal law. She expressed concern that none of
these mandates and penalties were approved by the legislature
but were imposed by the executive branch.
2:20:31 PM
CHAIR REINBOLD expressed concern that during the "hunker down"
order, the department's questions and answers were troubling.
For example, Question, "Can I visit my loved one in the
hospital"? Answer: "No." Question: "Can I visit my significant
other if I don't live in the same household?" Answer: "No."
CHAIR REINBOLD commented that marijuana shops were allowed to be
open.
She recalled that Mandate 12 limited intrastate travel, which
was prohibited except for critical infrastructure. She expressed
concern that this mandate superseded any local government or
tribal mandate restricting intrastate travel. Mandate 13 closed
K-12 schools through December 2020 and prohibited graduation
events. Mandate 14 related to non-congregate quarantines non-
traditional people in dorms or hotels, such as the homeless.
Mandate 15 allowed micromanagement of health care providers by
requiring masking.
CHAIR REINBOLD said Mandate 16 raised the biggest alarm for her.
This implemented the Reopen Alaska Responsibly Plan that went
into effect on April 24, 2020. She said this provided a detailed
blueprint to manage private sector businesses. It included a
three-page detailed document of rules of how bars could reopen.
Mandate 17 is related to commercial fishing vessels. Mandate 18
went into effect on May 12, 2020, relating to intrastate travel
restrictions.
2:23:40 PM
CHAIR REINBOLD said 11 health alerts were also issued. She
directed attention to health alert 11, which dictated how cars
should be parked apart during a church service, how to put
together an Easter basket, and how to wear face cloth coverings.
CHAIR REINBOLD reported that on March 11, 2020, when the
disaster declaration was first declared, Alaska did not yet have
any cases, yet the mandates were issued without legislative
input. She characterized it as a severe separation of powers
issue. It reinforces why this is the proper committee to address
these issues. She informed members that she plans to introduce a
separation of powers bill to discuss disaster declarations. She
said she hoped that the Department of Law (DOL) would come
before the committee to discuss the three extensions beyond
Senate Bill 241.
2:24:44 PM
CHAIR REINBOLD stated that a memo from Legislative Legal Affairs
Director Meghan Wallace will be posted on the Senate Judiciary
Committee documents on BASIS. She said she has invited Attorney
General Ed Sniffen to come before the committee, but she was
denied that today. However, she will ask questions at his
confirmation hearing if he cannot come before the committee
until then.
2:25:53 PM
At ease
2:27:13 PM
CHAIR REINBOLD reconvened the meeting. She said the health
alerts and mandates will be posted on the Senate Judiciary
Committee documents on BASIS.
2:29:17 PM
ADAM CRUM, Commissioner, Department of Health and Social
Services (DHSS), Juneau, Alaska, said on January 25, 2020, he
received a call from the US regional administrator of the
Administration of Children and Families. She asked if the state
was willing to accept a flight from Luhan, China, for American
citizens' repatriation. That led to him calling Heide Hedberg,
Director of the Division of Public Health and Anne Zink, Chief
Medical Officer to determine if it was necessary to kick off the
Department of Health and Social Services (DHSS) Emergency
Operating Committee.
2:29:57 PM
COMMISSIONER CRUM reviewed the initial state's response to
COVID-19 [slide 2]. On January 27, 2020, the state activated the
DHSS Emergency Operations Center and the State of Alaska
Emergency Operation Center (SEOC). Alaska's Health Emergency
Response System has been activated since late January. The state
has worked with federal, tribal, and state health care partners
to ensure that strong systems were in place to limit or prevent
the spread of COVID-19. The state had time to learn from other
states' preparedness and learn about the COVID-19 virus and its
science. The state had time to develop and implement the initial
infrastructure to engage as many partners as possible for a
comprehensive statewide response. This includes health care
providers, tribal health organizations, local health entities,
the vast network of public health centers and public health
nurses, local governments, school districts, businesses and
employers, critical infrastructure workforce employers and
Alaskans.
2:31:40 PM
COMMISSIONER CRUM reviewed the governor's response to COVID-19
on slide 3. He highlighted the governor's three priorities: to
protect seniors and Alaska's most vulnerable populations, to
protect rural Alaska and to provide resources to mitigate the
economic impacts. He reported the number of COVID-19 cases on
March 11, 2020, with 100,000 cases confirmed worldwide and 600
cases in the US. He acknowledged that he took into consideration
that Alaska is isolated. He issued a public health memo to
Governor Dunleavy, requesting his consideration of issuing a
Public Health Emergency Disaster Declaration, which was issued.
It read:
Because COVID-19 is a new disease in humans, no one
has an existing immunity to this virus. It appears
likely that transmission can occur before the onset of
symptoms. As such, some people who are infected could
inadvertently transmit the virus to others. COVID-19
can cause severe disease, including pneumonia and
death. Older individuals and people with serious
underlying health conditions (e.g. lung disease, heart
disease, or diabetes) or immune disorders are at
increased risk for severe illness. There have been no
confirmed cases of infection with the novel
coronavirus in Alaska. For these reasons, under AS
26.23.900(2)(E), I certify that an outbreak of COVID-
19 has a high probability of occurring in the near
future.
COMMISSIONER CRUM stated that on March 12, 2020, Alaska had its
first confirmed COVID-19 case. The first case was not a
community spread case. However, based on the experiences of
other states, it was time to respond. He reported that the
Alaska legislature acted quickly to pass Senate Bill 241 to
extend the disaster declaration to November 15, 2020. He
surmised that passage of Senate Bill 241 avoided worse outcomes
in Alaska, such as increased number of cases, lack of testing
capacity, lack of resources for labs and processing, the lack of
ability to mobilize humans and lack of funding resources to
support response efforts. Congress passed three important
provisions while the Alaska legislature was working on that
bill. On March 4, Congress passed an $8 billion spending
package.
2:33:59 PM
COMMISSIONER CRUM said on March 11, 2020, Congress passed the
Families First Coronavirus Response Act, related to unemployment
insurance benefits and increased Medicaid testing; and on March
29th, the Congress passed the CARES Act. The CARES ACT enhanced
unemployment insurance (UI) benefits for non-traditional
contract workers, assistance for individuals and allocation of
federal aid to states. He said Alaska received $1.25 billion to
assist in establishing relief and response programs.
2:34:35 PM
COMMISSIONER CRUM discussed the Initial Health Mandates on slide
4. Under the governor's authority under Alaska Statutes (AS)
26.23, he issued health mandates to prevent and slow COVID-19.
He directed attention to the list of mandates that occurred in a
tight timeline. Mandates 1-12 were issued within a two-week
period. As he received information the governor's team worked to
decide on the best approach to address the new developments. One
goal was to preserve healthcare availability. He noted that
Alaska's acute care beds can care for less than two percent of
its population. When horror stories were coming from New York,
Alaska was in the middle of school spring break, which meant
increased out-of-state travel.
He referred to Mandate 4, issued on March 17, 2020, related to
international travel to hotspot countries identified by the US
Center for Disease Controls (CDC). It required those
international travelers to quarantine. He referred to the March
19, 2020, mandates 5 and 6 related to elective medical and oral
health procedures that could be pushed forward. He referred to
Mandate 7 issued on March 20, 2020, related to personal care
services and gatherings in the Fairbanks North Star Borough and
the Ketchikan Gateway Borough. Fairbanks was the first hotspot
in Alaska. Health care professionals were beginning to
understand that the COVID-19 was spread by droplets and close
physical contact, so separating those receiving personal care
services and avoiding personal contact was one aspect that the
state could implement based on other states' responses.
2:36:45 PM
COMMISSIONER CRUM referred to Mandate 8, issued on March 20,
2020, related to public and private schools. At that time, a
global shortage existed for personal protective equipment (PPE),
including masks, gowns, and other medical protective gear. The
administration was unsure what would protect the general public.
Delaying school times and implementing video or distance
learning through the end of the school year incorporated the
best safety measures.
2:37:19 PM
COMMISSIONER CRUM said the administration needed to buy time to
put procedures and protocols in place. He offered his view that
the health mandates saved over 10,000 lives. Although the COVID
Act Now and University of Alaska Anchorage projected from 11,000
to 20,000 deaths in Alaska, the state currently has had 250
deaths.
COMMISSIONER CRUM said the administration needed to buy time to
put procedures and protocols in place. He offered his view that
the health mandates saved over 10,000 lives. Although the COVID
Act Now and University of Alaska Anchorage projected from 11,000
to 20,000 deaths in Alaska, the state currently has had 250
deaths.
2:39:00 PM
COMMISSIONER CRUM said Mandate 11, related to social distancing,
was implemented based on models of other states and the federal
government. This mandate closed non-essential or non-critical
infrastructure businesses. He explained that the state used the
guidelines and templates from the Cybersecurity and
Infrastructure Administration (CISA), a federal agency that
lists essential workers. The state considered Alaska's
industries, such as mining, since this resource development
industry is important to the state and regionally, including
Northwest Alaska, Interior, and Southeast Alaska.
2:39:52 PM
COMMISSIONER CRUM referred to Mandate 12, issued on March 27,
2020, related to intrastate travel, limiting travel between
communities. This mandate asked residents to limit travel to
necessary travel. It did not tell people to stay at home, and
instead encouraged families to go outside. The state waived its
fees for the Alaska State Parks. He reported that many people
did so and the state worried about clusters at trailheads.
He referred to Mandate 14, related to non-congregate sheltering
orders. This language identifies the population to allow the
state to receive Federal Emergency Management Agency (FEMA)
reimbursement. He directed attention to Mandate 15, issued on
April 15, 2020, related to healthcare providers' services. The
administration held conversations with the Alaska State Hospital
and Nursing Home Association (ASHNHA), hospital associations,
and representatives of medical professionals to put safety
protocols in place to make sure that people had access to care.
2:41:17 PM
COMMISSIONER CRUM stated that on April 22, 2020, the governor
issued Mandate 16, related to guidelines to reopen Alaska
responsibly. This mandate established safe protocols for
businesses that were specifically shut down. That mandate was
rescinded by May 22, 2020. Currently, no mandate restriction
exists for Alaska businesses.
He referred to Mandate 17, issued on April 23, 2020, a mandate
that provided protective measures for independent commercial
fishing vessels. The administration worked with commercial
fishing communities throughout Alaska, including commercial
harvesters, independent fishing harvesters, onshore and offshore
fishing seafood harvesters in rural regions to develop these
guidelines.
COMMISSIONER CRUM discussed Mandate 18, related to intrastate
travel. He reported that some small rural communities completely
shut down travel, restricting even police officers, correctional
officers, and inmates released from prison from entering their
communities. Residents were not allowed to leave to bring back
critical or essential items. The administration wanted to make
sure that property owners had access to these communities and
ensure critical and essential travel could occur.
2:43:15 PM
COMMISSIONER CRUM advised the committee that health alerts
provide guidelines. He referred to parking guidelines for
churches. He explained that the governor had held weekly calls
with religious and faith leaders who asked questions about
safely gathering for large celebrations. Those questions led to
guidelines that suggested parking safely and delivering Easter
baskets safely.
COMMISSIONER CRUM reiterated that the vast majority of mandates
were repealed by summer.
2:44:39 PM
COMMISSIONER CRUM reviewed the state response components on
slide 5. He advised that current mandates have been moved into
health orders. By June 2020, the administration had moved to
mandatory testing for nonresident visitors to Alaska to salvage
some tourism in the state and allow the hospitality industry to
thrive.
2:45:07 PM
COMMISSIONER CRUM reviewed slide 5, the state response
components tied to the March Alaska Disaster Declaration and
Senate Bill 241. He explained that the state implemented waiver
and suspension of statutes and regulations to expand telehealth
opportunities, including behavioral health services. The Centers
for Medicare and Medicaid Services (CMS) added flexibility for
healthcare providers, but the state could not access them
because of current regulations. These waivers allow that access.
He indicated that the state wanted to build its health care
workforce without encountering hurdles to licensing for
qualified licensed medical professionals by developing rapid
emergency licensure and reciprocity agreements.
COMMISSIONER CRUM said contracts take time because the state
must adhere to the Request for Proposal (RFP) process. However,
in the middle of a pandemic response, it is necessary to flatten
out government and hire and procure quickly for items such as
the purchase of PPE, testing supplies, hiring temporary
employees for contact tracing and data entry. He worked to
provide gowns and masks from China.
COMMISSIONER CRUM said the state entered into contracts for the
distribution of supplies to make sure items were distributed
statewide and to secure alternative care sites to use as field
hospitals. Those sites have not been required, but these sites
have been used as mass testing sites, for monoclonal infusion
therapy treatments in Anchorage, and for mass vaccination
clinics. The mass vaccination clinics in Anchorage were able to
vaccinate 3,000 seniors in one weekend due to the flexibility in
the disaster declaration. It was necessary to procure and hire
health care professionals under contract to administer the
vaccines. He discussed efforts to increase contact tracing,
provide infrastructure. The department developed partnerships
and collaborations at testing sites, working with health care
providers, the University of Alaska, local governments, and
tribal health organizations to build workforce to conduct
contact tracing. The state worked to improve IT systems and
networks to provide an efficient system for data delivery. He
noted that the state is close to reaching its goal of 500
contract tracers.
2:48:35 PM
COMMISSIONER CRUM said the department worked with critical
industries who asked how to protect their workforce. He stated
that it is important to maintain its transient workforces,
including Alaska residents who had to rotate shifts on the North
Slope. He noted that partnerships between state agencies, school
districts, local health departments in areas such as local
emergency operation centers to conduct outreach. He emphasized
the efforts made on communications, including holding weekly
press conferences and holding zoom echoes, which are open to the
public. He noted those subject matter experts are available to
answer questions.
2:50:19 PM
COMMISSIONER CRUM discussed the DHSS's preparations for the
vaccine and the Alaska Vaccine Task Force on slide 6. He
reported that the department received feedback from the public
and the legislature on improving its systems to assist Alaskans
in finding availability of appointments and scheduling them. He
discussed the vaccine timeline. In May 2020, the department
began developing its immunization program. In August 2020, the
Alaska COVID-19 Vaccine Task Force was developed. In addition, a
task force was co-led by DHSS and the Alaska Native Tribal
Health Consortium. On October 16, 2020, the DHSS submitted a
draft vaccination plan to the CDC. This plan outlined the
organizational approach, and distribution, enrollment, tracking,
and public communication. ASHNHA and the Alaska Vaccine Task
Force convened the Vaccine Allocation Advisory Committee,
consisting of health care professionals to make recommendations
on vaccine allocation.
2:51:34 PM
COMMISSIONER CRUM discussed slide 7, related to Governor
Dunleavy's November 16, 2020, Disaster Declaration. He explained
that by November 15, 2020, Senate Bill 241 expired. The state
was awaiting federal approval of the COVID-19 vaccine while the
state was seeing a surge in cases.
COMMISSIONER CRUM said he sent a public health memo to Governor
Dunleavy, which read:
Unfortunately, the COVID-19 emergency has not abated
and we are no longer anticipating an imminent threat
but instead infections are occurring in Alaska and
have recently increased exponentially. Thus, a new
disaster declaration is necessary as an "outbreak of
disease" is occurring under AS 26.23.900(2)(E).
Despite the state's aggressive measures to contain and
mitigate the effects of COVID-19, we continue to face
escalating challenges with respect to COVID-19.
2:52:50 PM
COMMISSIONER CRUM reported that as of November 16, 2020, that of
the 48 million COVID-19 confirmed cases worldwide, 9 million
cases were in the US. Over 235,000 Americans had died, with
17,000 confirmed cases and 84 deaths were attributed to COVID-19
in Alaska.
COMMISSIONER CRUM stated that the mandates were revised into
eight health orders were authorized with the issuance of the new
Disaster Declaration. Health order [7] refers to online raffles
and prize drawings, which allows nonprofits to do so online. He
pointed out state agencies cannot increase fees while this
declaration is in effect.
COMMISSIONER CRUM highlighted the health orders that carried
over. He said health order 4 provides FEMA reimbursement
eligibility for temporary sheltering. Health order 5 related to
intrastate travel. At the time, Bethel had a bad COVID-19
outbreak in the Yukon Kuskokwim region (YK). Local communities
asked for tools to help protect themselves. The department
worked with the local communities to develop the protocol
requiring testing prior to visiting the communities. Health
order 6 related to international and interstate travel
establishes an airport testing plan. He remarked that the CDC
commended the state's proactive approach to testing. Health
order 8 relates to the commercial fishing industry protective
measures. This guidance on mitigation measures for the
commercial fishing industry was combined into a single document
to make it easier for the public to access.
2:54:28 PM
COMMISSIONER CRUM referred to the December 15, 2020, Disaster
Declaration. He said he sent another public health memo to the
governor regarding the status of COVID-19. It read:
[T]he COVID-19 emergency has become more severe and
infections are occurring in Alaska at a higher rate
than ever before during this pandemic. Thus, a new
disaster declaration is necessary as an "outbreak of
disease" is occurring under AS 26.23.900(2)(E).
COMMISSIONER CRUM explained that on December 11, 2020, an
Emergency Use Authorization (EUA) approval for Pfizer was issued
followed by EUA approval on December 18, 2020, for the Moderna
vaccine. He reiterated that the dispensing clinics that have
been used successfully throughout Alaska would not have been
possible without the quick ability to procure resources and
staff. He said the December 15, 2020, Disaster Declaration
included the same health orders.
2:55:26 PM
COMMISSIONER CRUM reviewed the January 15, 2021, Disaster
Declaration on slide 9. The public health memo to Governor
Dunleavy read:
Vaccines are now available to Alaskans and continued
facilitation of the emergency response to this public
health emergency, permitted under AS 26.23.020, is
critical for the successful administration of a
vaccine statewide. Through the Division of Public
Health and cooperating providers statewide, over
25,000 vaccination doses have been administered in
Alaska, prioritizing front-line health care workers,
individuals in congregate settings, and elder
Alaskans. Although Alaska is administering
vaccinations more quickly than most other states, no
one in the state has yet completed the two-dose
series, and administration is still happening more
slowly than the CDC had expected.
He highlighted that AS 26.23.020(g)(10) allows the governor to
allocate or redistribute food, water, fuel, clothing, medicine,
or supplies. This includes therapeutics, including monoclonal
antibodies, he said. It also allows the state to administer
vaccines to seniors ages 65 years and older who tested positive
for COVID-19. He said this has reduced hospitalizations. This
also allows the state to develop eligibility criteria and tiers
for the COVID-19 vaccines.
2:56:09 PM
COMMISSIONER CRUM said he agreed with Dr. Kulldorff about the
importance of protecting Alaska's seniors and elders. He related
the state's efforts taken to provide multi-day testing, visitor
testing at congregate settings for seniors, vaccinating seniors
and staff at skilled nursing facilities and Pioneer Homes. This
goes back to Governor Dunleavy's number one COVID-19 priority,
to protect seniors and the vulnerable population. Currently, the
department is working to ensure that the home-bound
developmentally disabled and their caregivers receive
vaccinations. He reported that Alaska is the number one per
capita state with 11.3 percent of its citizens vaccinated.
2:56:59 PM
COMMISSIONER CRUM also reported that the state has been
averaging 4,600 shots per day. Those being vaccinated are doing
so voluntarily. It is an individual's right to protect
themselves. No staff or individuals are mandated to receive the
vaccines. Alaska is the second most tested state per capita,
with the second-fewest deaths per state and the number one
lowest case fatality rate. He related that the state has
capacity in its hospitals and these hospitals have maintained
financial health, although not 100 percent pre-COVID-19 status.
The state has worked with hospitals to provide tools and
support.
COMMISSIONER CRUM reported that Alaska received allocation
figures for February 2021: 21,000 Moderna and 19,500 Pfizer
vaccines; and 10,700 Moderna and 7,800 Moderna for Indian Health
Service (IHS) for a total of 59,600 total for Alaska.
2:58:30 PM
CHAIR REINBOLD asked where the adverse reactions are posted on
the DHSS's website.
COMMISSIONER CRUM directed her to the Vaccine Adverse Experience
Response cite, which is monitored by the CDC. In further
response, he stated that this is available to the public. Health
care providers are encouraged to put in any reaction, even if
the person stood up too quickly.
CHAIR REINBOLD asked him to send a link to the specific cite.
2:59:13 PM
CHAIR REINBOLD asked if he took an oath to uphold the
constitution. She asked if he understood it is the supreme law
of the land.
COMMISSIONER CRUM answered yes. He said he is an American.
2:59:20 PM
CHAIR REINBOLD explained that she gave the commissioner
tremendous leeway to present the administration's COVID-19
response. She expressed disappointment that the commissioner did
not answer the questions she submitted to him. However, the
committee would hold future meetings on COVID-19. The committee
process relies on public input and committee member
participation to glean the complete picture on issues such as
COVID-19.
2:59:51 PM
CHAIR REINBOLD agreed that while the commissioner needs to
report actions the governor and administration have taken to
address the COVID-19 pandemic, due to time constraints, it was
not possible to hear other invited testimony at this hearing.
She suggested that the department has narrowly focused on the
pandemic without noticing other impacts of COVID-19. These
impacts include reports that one in four students have
struggled, elderly residents have been isolated from family and
friends, many businesses have closed, many people have become
unemployed, and parts of the economy are in shambles. She also
expressed concern with the overall lack of screening.
CHAIR REINBOLD said future hearings would discuss what she views
as significant flaws to the department's original models,
especially since the department reported those models saved many
lives.
COMMISSIONER CRUM interjected that he previously testified that
the models used were flawed.
CHAIR REINBOLD reiterated that the committee would hold
discussions on COVID-19, including the trials and the long-term
effects of the vaccinations.
3:01:17 PM
CHAIR REINBOLD asked how many people the department hired to
conduct contact tracing.
COMMISSIONER CRUM answered that the department has about 489
contact tracers.
CHAIR REINBOLD indicated contract tracing is a topic for future
discussions. She said the legislature must provide for privacy
per Article 1, Section 22 of the Constitution of the State of
Alaska. If the executive branch is not doing so, the legislature
needs to address it. She stressed the need to strive for a
balance between constitutional rights and to never forget the
founding fathers fought and died for our freedom. She offered
her belief that freedom and rights have been under attack during
these last 10 months. Further, the public needs to be fully
informed about the vaccinations, including if safety trials were
skipped and that people have the right to say no to
vaccinations.
3:03:01 PM
COMMISSIONER CRUM interjected that he and Governor Dunleavy have
been adamant that the State of Alaska does not mandate or
require vaccines for employees, staff, or seniors. He emphasized
that each person will be able to make a personal choice and
decide whether to get vaccinated.
3:03:14 PM
SENATOR REINBOLD said people are concerned about how the
mandates affect their rights. She reported that some of the
earlier animal trials were alarming. The state needs to consider
the long-term effects of vaccinations. She asked if companies
that developed the vaccinations could be held liable for all the
adverse reactions.
COMMISSIONER CRUM deferred to the CDC and the Congressional
Delegation. In further response, he reported that the state's
vaccination rate is 4,600 per day.
3:04:17 PM
CHAIR REINBOLD argued that this topic is part of public health.
She reiterated her overall concern of the long-term effects of
COVID-19 on public health and these issues need to be addressed
at subsequent hearings.
3:05:14 PM
There being no further business to come before the committee,
Chair Reinbold adjourned the Senate Judiciary Standing Committee
meeting at 3:05 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| Agenda JUD 1.27.21.pdf |
SJUD 1/27/2021 1:30:00 PM |
|
| People of Alaska Petition Their Government (version with picture).pdf |
SJUD 1/27/2021 1:30:00 PM |
|
| Comm Crum Presentation 1.27.21.pdf |
SJUD 1/27/2021 1:30:00 PM |
|
| Great Barrington Declaration 1.27.21.pdf |
SJUD 1/27/2021 1:30:00 PM |