SENATE BILL NO. 204 "An Act extending the termination date of the Alaska Commission on Aging; and providing for an effective date." SHARON CLARK, STAFF, SENATOR MILLER testified in support of SB 204, on behalf of the sponsor Senator Leman. She observed that SB 204 extends the termination date of the Alaska Commission on Aging. The Alaska Commission on Aging was first established as a single Planning and Service Area (PSA) in the Department of Administration, Older Alaskans Commission, July of 1981 under AS 44.21. As a PSA, the Commission is the only agency in the state that plans, funds, and oversees services to seniors statewide. The Commission's name was changed to the Alaska Commission on Aging in 1994, (Chapter 131,SLA 1994). The Commission is authorized to administer and coordinate state programs for older Alaskans and to administer federal programs provided under the Older Americans Act, 42 U.S. Code 300 1-30451, as amended. The provisions of AS 44.21 and the Older Americans Act establish the Commission's authority, purpose, and scope of work. Ms. Clark observed that a special report on the Department of Administration, Alaska Commission on Aging (ACA) by the Legislative Budget and Audit Committee, September 17, 1999 concluded that the expiration date of ACA should be extended. Ms. Clark maintained that the ACA has demonstrated that there is a public need for this commission. According to AS 44.66.010, the Commission is scheduled to expire June, 30,2000. The legislation would extend ACA's expiration date to June 30,2004. Ms. Clark noted that the legislation was amended (in the House HESS committee). She noted that the amendment separated the Long-Term Care Ombudsman's office from the Department of Administration and put it in a separate entity. The sponsor does not oppose the amendment. She noted that Senator Green expressed concerns, in the Senate Finance Committee, that the Office of the Long-Term Care Ombudsman would be under the Department of Administration. Representative Phillips questioned if there was testimony on the feasibility of merging the two ombudsman offices. Ms. Clark stated that there had been discussions with the sponsor. The issue was not discussed in Committee. Representative Grussendorf questioned if the Department of Administration testified on the amendment. Representative Phillips expressed concern with the amendment adopted in the House HESS committee. She noted that the Legislative Council has been downsizing the Office of the Ombudsman. She noted that the Legislative Council did not discuss the amendment. Co-Chair Therriault pointed out that Senator Miller is the chairman of the Legislative Council. Co-Chair Mulder noted that the Office of Long-Term Care Ombudsman is federally funded. JERRY BURNETT, STAFF, SENATOR GREEN provided information on the amendment adopted in the House HESS Committee. He noted that Representative Dyson offered the amendment on behalf of Senator Green. He observed that the Office of the Long-Term Care Ombudsman would be separate from the legislative ombudsman. Co-Chair Therriault read from a letter by Representative Dyson: It is not possible for the Director of the Commission on Aging to neutrally monitor the Long Term Care Ombudsman who may be investigating actions of that Director, his/her employees, and colleagues within the Department of Administration. Mr. Burnett clarified that there would be two ombudsman offices with separate staffs. He observed that the Long-Term Care Ombudsman has a distinct function and that the funding come from the Older Americans Act. He pointed out that the provision was discussed with the Department of Administration, the Executive Director of Legislative Affairs Agency and the chairman of the Legislative Council. Representative Grussendorf asked for the Department of Administration's position on the merger. JANE DEMINERT, EXECUTIVE DIRECTOR, ALASKA COMMISSION ON AGING, DEPARTMENT OF ADMINISTRATION provided information on the legislation. She noted that the Commission has been in existence for many years. The Commission is a grant-making agency and has been involved in educational issues affecting older Alaskans. The Commission is also involved in the operation of the Office of Long-Term Care Ombudsman. The Older American's Act provides that each state shall have a Long-Term Care Ombudsman. The Long-Term Care Ombudsman is an advocate for people in long-term care and conducts investigations regarding the quality of care or allegations of abuse and neglect. Ms. Deminert observed that there are different organizational structures to conduct the function. The Commission has done an extensive amount of structuring in its by laws to accommodate the function. She acknowledged that there are several viable models to conduct the function. If the function were transferred it would maintain its current staff: one paralegal II and a clerk. The office would continue to be in Anchorage. She did not know if it would be physically relocated. There would not be a significant change in the way the office is operated. A reimbursable services agreement would occur for the on-going operation of the office. She observed that the Commission is closing in on the final stage for a long-term care ombudsman. She recommended that their search be halted if the legislation goes forward. The position is currently a range 20 within the state personnel system. She acknowledged that the position would also be effective under the Legislative Budget and Audit Committee. Representative Grussendorf observed that the change was not requested by the Commission and questioned where the office would be most effective. Ms. Deminert affirmed that it is a new development, but noted that it was discussed in the previous session. She added that the function is distinct from the traditional governmental ombudsman. She felt that there would be a learning curve and investment would need to be made by the new oversight group. ALISON ELGEE, DEPUTY COMMISSIONER, DEPARTMENT OF ADMINISTRATION provided information on the legislation. The LBA audit pointed out that housing of the position in the Department of Administration could be perceived as a conflict of interest. The Commission could not find an entity that would voluntarily accept placement of the office. The Commission adopted bylaws to exclude those on the Commission that have association with pioneer home programs from direct oversight of the ombudsman. She reiterated that there would be a heavy learning curve with transfer of the function, but added that the department understands the perceived conflict of interest and would be happy to see the function externally located. Vice Chair Bunde spoke in support of the legislation and noted that concerned constituents have contacted him. Co-Chair Therriault questioned if the Legislative Council membership supported the move. Ms. Clark did not believe that discussions occurred with the current Council. Discussions did occur with the previous chair, Senator Miller. Senator Miller did not express objections. MARIE DARLIN, AARP, JUNEAU testified in support of the legislation and extension of the Commission on Aging. HB 204 was heard and HELD in Committee for further consideration.