SB 59-RUNAWAYS; DFCS/DOH: DUTIES/LICENSING/INFO  4:24:50 PM CHAIR WILSON reconvened the meeting and announced the consideration of SENATE BILL NO. 59 "An Act relating to the licensing of runaway shelters; relating to advisors to the board of trustees of the Alaska Mental Health Trust Authority; relating to the sharing of confidential health information between the Department of Health and the Department of Family and Community Services; relating to the duties of the Department of Health and the Department of Family and Community Services; and providing for an effective date." 4:25:48 PM MS. HEATHER CARPENTER, Deputy Director, Office of the Commissioner, Department of Health (DOH), Juneau, Alaska, gave a brief history of SB 59, stating that in 2021 Governor Dunleavy introduced Executive Order 119 that proposed splitting the Department of Health and Social Services into two departments, Department of Health and Department of Family and Community Services. Governor Dunleavy withdrew the order due to drafting errors and substantive changes that went beyond the powers of an executive order. Last session Governor Dunleavy reintroduced the bill as Executive Order 121. The legislature adopted the order that took effect July 1, 2022. 4:26:41 PM CLINTON LASLEY, Deputy Commissioner, Department of Family & Community Services, Juneau, Alaska, said the departments knew that Executive Order 121 was a large bill and that the need for small amendments would surface. SB 59 contains those changes. It ensures that the new Department of Health (DOH) and the Department of Family and Community Services (DFCS) share important information, including confidential, protected health information necessary to administer programs within each department to serve Alaskans. It provides in statute the clarity of work that the Department of Health and Social Services supplied. The two departments interact daily. For example, eligibility information for an individual can pertain to DOH for public assistance and to DFCS for children's services. Also, SB 59 would make the commissioner of DFCS an adviser to the trustees of the Alaska Mental Health Trust. The departments knew of the substantive change and that a clean-up bill would be necessary. The Mental Health Trust supports the change. Clarifying statutes related to licensing duties assigned to the former Department of Health and Social Services are reassigned due to a citation error. Licensing related to runaway shelters is assigned to DOH, and foster homes licensing is assigned to DFCS. Finally, an amendment defines the "department" to include DFCS in AS 18.65.340. 4:29:48 PM MS. CARPENTER presented the following sectional analysis for SB 59: [Original punctuation provided.] Section 1 Amends AS 12.62.400(a) to assign responsibility for criminal history checks for the licensing of runaway shelters to the Department of Health rather than the Department of Family and Community Services. This is done to correct a mistake from EO 121 that assigned the licensing of runaway shelters to Department of Family and Community Services even though a division of Department of Health performs this work. Sections 4-9 also implement this correction. Section 2 Amends AS 44.25.260 to add the Department of Family and Community Services Commissioner to the Alaska Mental Health Trust Authority board of advisors. Section 3 Amends AS 47.05 by adding a new section: (1) requiring the Department of Health and Department of Family and Community Services share identifiable health information between and within departments as necessary to enable the efficient and effective administration and operation of both departments; (2) establishing that information acquired, used, disclosed, and stored under this section be stored in a confidential and secure environment; (3) establishes the definition of "identifiable health information" with the existing definition in AS 18.15.395. Sections 4-9 Amends statute to identify that the Department of Health holds responsibility for the licensure of programs and drafting regulations related to runaway minors. Sections 10 Amends AS 47.32.032 to provide clarifying language in licensing statute to identify that the Department of Family and Community Services is responsible for foster home licensing. This corrects a mistake from EO 121 that assigned the licensing of foster homes to Department of Health even though a division of Department of Family and Community Services performs this work. Sections 11-15 Amends AS 47.32 to provide clarifying language in licensing statute about the respective departments having responsibility for actions related to the entities they license. Section 16 Establishes an immediate effective date. 4:34:25 PM CHAIR WILSON said he had a question regarding Section 2. He asked how often advisors attend Alaska Mental Health Trust board meetings and what weight their input carries. 4:34:56 PM STEVE WILLIAMS, CEO, Alaska Mental Health Trust, Anchorage , Alaska, answered that advisors attend once or twice a year. Commissioners and staff generally attend the board meetings. Various departments and trustees discuss the needs of beneficiaries, how partnerships can be improved, and the work of the trust. The dialogue is often very good. 4:35:31 PM CHAIR WILSON asked if advisors are invited to each meeting or just as needed. 4:35:40 PM MR. WILLIAMS replied that advisors typically are not invited to each meeting. The board meets four times a year and advisors attend once or twice a year. CHAIR WILSON said he wanted to ensure more administrative influence was not added to a public board. 4:36:12 PM CHAIR WILSON opened public testimony on SB 59. 4:36:24 PM CHAIR WILSON closed public testimony on SB 59. 4:36:52 PM CHAIR WILSON held SB 59 in committee.