Legislature(1999 - 2000)

04/08/1999 01:40 PM L&C

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
         SENATE LABOR AND COMMERCE COMMITTEE                                                                                    
                    April 8, 1999                                                                                               
                      1:40 P.M.                                                                                                 
                                                                                                                                
MEMBERS PRESENT                                                                                                                 
                                                                                                                                
Senator Jerry Mackie, Chairman                                                                                                  
Senator Tim Kelly, Vice Chairman                                                                                                
Senator Dave Donley                                                                                                             
Senator Loren Leman                                                                                                             
                                                                                                                                
MEMBERS ABSENT                                                                                                                  
                                                                                                                                
Senator Lyman Hoffman                                                                                                           
                                                                                                                                
COMMITTEE CALENDAR                                                                                                              
                                                                                                                                
CS FOR SENATE BILL NO. 56(HES)                                                                                                  
"An Act allowing the disclosure of reports with regard to                                                                       
inspection and investigations of certain health care facilities,                                                                
home health agencies, hospice programs, and assisted living homes;                                                              
authorizing the Department of Health and Social Services to license                                                             
home health agencies; and providing for an effective date."                                                                     
                                                                                                                                
     -MOVED CSSB 56(L&C) OUT OF COMMITTEE                                                                                       
                                                                                                                                
SENATE BILL NO. 59                                                                                                              
"An Act relating to the certificate of need program for nursing                                                                 
care facilities and other facilities; and providing for an                                                                      
effective date."                                                                                                                
                                                                                                                                
     -MOVED CSSB 59(L&C) OUT OF COMMITTEE                                                                                       
                                                                                                                                
CS FOR SENATE BILL NO. 82(HES)                                                                                                  
"An Act requiring that the cost of contraceptives obtained by                                                                   
prescription and related health care services be included in health                                                             
insurance coverage."                                                                                                            
                                                                                                                                
     -SCHEDULED BUT NOT HEARD                                                                                                   
                                                                                                                                
PREVIOUS SENATE COMMITTEE ACTION                                                                                                
                                                                                                                                
SB 56 -  See HESS minutes dated 3/3/99, 3/8/99 and 3/15/99.                                                                     
                                                                                                                                
SB 59 -  See HESS minutes dated 3/3/99, 3/8/99 and 3/15/99.                                                                     
                                                                                                                                
SB 82 - See HESS minutes dated 3/24/99.                                                                                         
                                                                                                                                
WITNESS REGISTER                                                                                                                
                                                                                                                                
Senator Gary Wilken                                                                                                             
State Capitol Bldg.                                                                                                             
Juneau, AK 99811-1182                                                                                                           
POSITION STATEMENT: Commented on SB 56 and SB 59.                                                                               
                                                                                                                                
Mr. Elmer Lindstrom, Special Assistant                                                                                          
Department of Health and Social Services                                                                                        
P.O. Box 110601                                                                                                                 
Juneau, AK 99811-0601                                                                                                           
POSITION STATEMENT: Supported SB 56.                                                                                            
                                                                                                                                
Ms. Larraine Derr, President                                                                                                    
Alaska State Hospital and Nursing Home Association(ASHNHA)                                                                      
426 Main St.                                                                                                                    
Juneau, Ak 99811-1182                                                                                                           
POSITION STATEMENT: Supported SB 56.                                                                                            
                                                                                                                                
Mr. David Pierce, Certificate of Need Coordinator                                                                               
Department of Health and Social Services                                                                                        
P. O. Box 110601                                                                                                                
Juneau, AK 99811-0601                                                                                                           
POSITION STATEMENT: Commented on SB 59.                                                                                         
                                                                                                                                
ACTION NARRATIVE                                                                                                                
                                                                                                                                
TAPE 99-10, SIDE A                                                                                                              
                                                                                                                                
Number 001                                                                                                                      
                                                                                                                                
         SB 56-HOME HEALTH AGENCIES/HOSPITALS/HOSPICES                                                                          
                                                                                                                                
CHAIRMAN MACKIE called the Senate Labor and Commerce Committee                                                                  
meeting to order at 1:40 p.m. and announced SB 56 to be up for                                                                  
consideration.                                                                                                                  
                                                                                                                                
SENATOR WILKEN, sponsor of SB 56, said the Long Term Care Task                                                                  
Force met over the interim and this legislation is a result of                                                                  
their third recommendation.  It provides that when DHESS approves                                                               
different care giving facilities across the state, the final report                                                             
is made public within 14 days of being finished.                                                                                
                                                                                                                                
The second thing it does is gives the statutory authority to DHESS                                                              
to do this review which it has already been doing for a number of                                                               
years.                                                                                                                          
                                                                                                                                
SENATOR WILKEN noted that he has a proposed CS, version I, that                                                                 
addresses a concern from the Alaska State Hospital Nursing Home                                                                 
Association about what time in the process the final report was                                                                 
made public.  It sets forth the fact of what is the final report                                                                
and that it is released fourteen days after it is given to the care                                                             
giving facility.                                                                                                                
                                                                                                                                
SENATOR LEMAN moved to adopt CS version I, 4/7/99 Lauterbach, to SB
56.  There were no objections and it was so ordered.                                                                            
                                                                                                                                
MR. ELMER LINDSTROM, Special Assistant, Department of Health and                                                                
Social Services, said the reporting provision is a good consumer                                                                
provision and is very straight forward.  The other element giving                                                               
specific statutory authority to license home health agencies is                                                                 
something they have done for years anyhow under the general powers                                                              
of the Department, but the Department of Law pointed out that it                                                                
would be more appropriate to have the specific authority when it                                                                
comes time for promulgating regulations.  He noted the zero fiscal                                                              
note, since this is a function they are already doing.                                                                          
                                                                                                                                
MS. LARRAINE DERR, President, Alaska State Hospital and Nursing                                                                 
Home Association, concurred with Mr. Lindstrom's comments and                                                                   
supported  CSSB 56(L&C).                                                                                                        
                                                                                                                                
SENATOR KELLY moved to pass CSSB 56(L&C) from committee with                                                                    
individual recommendations.  There were no objections and it was so                                                             
ordered.                                                                                                                        
                                                                                                                                
         SB 59-CERTIFICATES OF NEED FOR HEALTH FACILITY                                                                         
                                                                                                                                
CHAIRMAN MACKIE announced SB 59 to be up for consideration.                                                                     
                                                                                                                                
SENATOR WILKEN said SB 59 was recommendation 21 from the Long Term                                                              
Care Task Force which suggests that legislation be introduced to                                                                
adopt a new standard for the Nursing Home Certificate of Need                                                                   
Program.  Currently, if he were to build a care facility, the State                                                             
would be interested in two aspects: its accessibility and its                                                                   
quality.  SB 59 adds a new standard: whether the facility is cost                                                               
effective recognizing that a care facility bed may be worth                                                                     
$100,000 per year of which the State picks up 40 percent.                                                                       
                                                                                                                                
The Alaska State Hospital and Nursing Home Association asked for a                                                              
change on page 2, line 26 after "foster" to insert "unnecessary"                                                                
which both he and the Department agree with.                                                                                    
                                                                                                                                
SENATOR KELLY moved to adopt that as an amendment.  There were no                                                               
objections and it was so ordered.                                                                                               
                                                                                                                                
MR. LINDSTROM testified that Certificates of Need are issued for a                                                              
variety of facilities.  The purpose of this bill is to have                                                                     
separate and more appropriate standards specifically for long term                                                              
care nursing beds and allowing them to include consideration of the                                                             
cost to the State of the construction of the additional beds which                                                              
are paid for by the State through the Medicaid Program.  They have                                                              
no objection to the amendment.  There is a fiscal note in the                                                                   
amount of $26,500 which allows them to implement the new standards                                                              
as it is a very complex program.                                                                                                
                                                                                                                                
CHAIRMAN MACKIE noted that if there was no fiscal note, the bill                                                                
would not have to go through Finance Committee.                                                                                 
                                                                                                                                
MR. LINDSTROM said the costs were appropriate.                                                                                  
                                                                                                                                
MR. DAVID PIERCE, Certificate of Need Coordinator, Department of                                                                
Health and Social Services, said the fiscal note is an estimated                                                                
one-time cost to develop the standard based on prior work done by                                                               
consultants.                                                                                                                    
                                                                                                                                
CHAIRMAN MACKIE asked if it was something that could be done within                                                             
the Department.                                                                                                                 
                                                                                                                                
MR. PIERCE answered that it is somewhat unusual as it hadn't been                                                               
done by any state before.  The main thing they would be doing is a                                                              
comparison of assisted living and long term care and how many                                                                   
assisted beds should be in a community before new long term beds                                                                
will be allowed.  The trend is to move towards assisted living and                                                              
more community based services.  The State does not have the                                                                     
expertise to do it.                                                                                                             
                                                                                                                                
SENATOR LEMAN asked if there was someone uniquely qualified to do                                                               
that.                                                                                                                           
                                                                                                                                
MR. PIERCE answered that he hadn't identified anyone, but the state                                                             
of Georgia is now working on it and maybe we could get some help                                                                
from them.  He is the only person who works on the Certificate of                                                               
Need Program and wouldn't have the time to do it.                                                                               
                                                                                                                                
MS. DERR testified that they support this bill with the inclusion                                                               
of the word "unnecessary".  She explained it leaves it open for                                                                 
more support.                                                                                                                   
                                                                                                                                
SENATOR LEMAN noted the words "relating" in sections four and five                                                              
should be changed to "related".                                                                                                 
                                                                                                                                
SENATOR LEMAN moved to pass CSSB 59(L&C) from committee.  There                                                                 
were no objections and it was so ordered.                                                                                       
                                                                                                                                
                                                                                                                                
          SB 82-INSURANCE COVERAGE FOR CONTRACEPTIVES                                                                           
                                                                                                                                
CHAIRMAN MACKIE announced that SB 82 would be held over for a                                                                   
further hearing and adjourned the meeting at 2:00 p.m.                                                                          

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