Legislature(1999 - 2000)
04/08/1999 01:40 PM Senate L&C
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
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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