HB 214-MENTAL HEALTH PATIENT RIGHTS & GRIEVANCES  8:03:07 AM CHAIR HIGGINS announced that the first order of business would be HOUSE BILL NO. 214, "An Act relating to mental health patient rights, notifications, and grievance procedures." [In front of the committee was the proposed committee substitute (CS) for HB 214, labeled 28-LS0869\C, Mischel, 3/7/14, which had been adopted as the working draft on March 11, 2014] 8:03:17 AM REPRESENTATIVE KELLER moved to adopt the proposed committee substitute (CS) for HB 214, labeled 28-LS0869\O, Mischel, 3/13/14, as the working draft. There being no objection, it was so ordered. [Public testimony was closed at the March 11, 2014 committee meeting] 8:04:20 AM THOMAS STUDLER, Staff, Representative Pete Higgins, Alaska State Legislature, explained that Sections 1 and 2 of Version O were unchanged from the previous version; however, Section 3 was amended by adding, "has the right to add designated representative employed and clearly identified by the evaluation facility or unit or a designated treatment facility or unit to act as a patient advocate and to assist in the filing of a grievance under AS 47.30.847." He pointed out that [paragraph] (14) was also amended, "has the right to select and individual to act as a patient advocate and to assist in the filing of a grievance under AS 47.30.847." Lastly, he noted that paragraphs (15) and (16) were number changes. He reported that a patient had the option of selecting their own advocate, or utilizing the designated staff advocate at the facility. Directing attention to page 5, line 17, which had been added after consultation with DHSS, he read: "Nothing in this section applies to a facility or unit or designated treatment facility that only provides outpatient services." He stated that this had been an onerous requirement on an outpatient service for filing grievances, as the patient already had the option for leaving. He said that Sections 4 and 5 were unchanged. He reported that Section 6 was under discussion, although "it's not appropriate to discuss that in this particular committee setting." 8:06:57 AM MR. STUDLER, in reference to Section 6, remarked that, although there had been resolution to the difference of opinion, he was not yet ready to present it to the committee. CHAIR HIGGINS offered his belief that the DHSS discussions for the proposed bill were "pretty much vetted," and said that the legal aspects were still to be worked out in the House Judiciary Standing Committee. 8:07:58 AM REPRESENTATIVE TARR opined that the legal opinion raised "a pretty substantial issue that needed to be resolved," and she asked if the information would accompany the proposed bill to the House Judiciary Standing Committee. CHAIR HIGGINS replied that, although there appeared to be agreement for the proposed language, the House Judiciary Standing Committee would "vet this a little bit further in that area." REPRESENTATIVE TARR expressed her concern that, as a sponsor to the proposed bill, the provision had not yet been resolved when it was passed from the House Health and Social Services Standing Committee. 8:09:04 AM MR. STUDLER explained that there had been discussions with the assistant attorney general, and he offered his belief that a resolution was forthcoming. 8:09:32 AM REPRESENTATIVE KELLER moved to report CSHB 214, Version 28- LS0869\O, Mischel, 3/13/14, out of committee with individual recommendations and the accompanying fiscal notes. There being no objection, CSHB 214(HSS) was moved from the House Health and Social Services Standing Committee.