AARP Alaska 2008 State Legislative Agenda

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AARP Alaska 2008 State Legislative Agenda

March 11, 2008

Budget Issues

State Fiscal Plan:
Although oil price increases have given Alaska some breathing room, AARP believes the Governor and Legislature should come to consensus and vote a long-term fiscal plan for the state. This remains AARP Alaska’s top priority. We do not believe our state will be able to provide adequate home and community-based care for a growing older population unless we make sensible fiscal plans at this time. HB 125 has been introduced by the House Ways and Means Committee which would be the first step in mandating a fiscal plan. AARP has sent a letter of support. The bill passed the House 37-0 and was sent to the Senate. Senate President Lyda Green only made one Committee referral, to Senate Finance. The bill had a first hearing in Senate Finance on January 23. The bill was held in Senate Finance. However, on Thursday, February 7, the Senate Finance Committee held a hearing at 1:00 pm titled “Senate Bipartisan Working Group Open Caucus regarding a long range fiscal plan.” It is archived on KTOO’s Gavel to Gavel if you want to listen to it.

Senior Benefits Program Funding:
The SeniorCare program morphed into the Senior Benefits Program in the special session of the Legislature last summer. The new program is more generous with eligibility and benefits and will add about 4,000 older Alaskans to the program. The Legislature authorized the new program but an appropriation has to take place during the 2008 session. Obviously, AARP will strongly support the budget request for this program. At this time this seems to be going smoothly. The House put full funding for the program into the budget and sent it on to the Senate.

Health Issues

Family and Community Elder Supports (FACES):
AARP is supporting the FACES initiative to expand home and community based services for older Alaskans and their unpaid family caregivers. The intent of home and community based services is to prevent premature and inappropriate institutionalization. Most people prefer to remain in their community and in their own home. With less expensive services, this can be accomplished.  However, it does cost some money to provide these services and support family members who are voluntarily helping older relatives remain at home. These services include everything from meals on wheels to adult day care. Funding for these services has been flat for several years while the number of older Alaskans has grown significantly. The FACES campaign is asking the Legislature for an additional $1.5 million. $1 million of the requested funding was added back into the Senate version of the budget by the Senate Finance Sub-Committee for Health and Social Services. This was a very positive move by Senator Donald Olson, Sub-Committee Chair and his colleagues Bettye Davis, Lyda Green and Fred Dyson. The budget recommendations now go to the entire Senate Finance Committee.

Health Care for All Alaskans:
One of the most important bills that will be heard is SB 160, authored by Senator Hollis French. A companion bill, HB 242, has been introduced into the House by Representative Gabrielle LeDoux.  The bills are meant to address “Affordable Health Insurance for All Alaskans.” Unwilling to wait on Congress to do something about the 20% of Alaskans under age 65 who have no health insurance, the Legislature will debate these bills and hopefully come up with a solution that is fair for everyone. If a citizen does not have health insurance and needs medical care, it will be provided. If he can’t pay for it, the next person in the door with a policy will pick up part of his cost. Several states are coming up with a legislative program to assure coverage and personal responsibility for health costs. Alaska may not come to a conclusion this session but these bills will certainly get the discussion going. Both bills have been referred to the HESS Committees. SB 160 passed Senate HESS on February 19. The bill has been heard twice in Senate Labor and Commerce and has another hearing on Tuesday March 11. Senator French continues to modify the bill. 

Funding for Community Health Centers:
Older Alaskans on Medicare in Anchorage, Fairbanks, and Juneau have all complained that they are unable to locate a physician who will accept them. Many have been told, upon their 65th birthday, that they will need to find another doctor. Alaska’s Community Health Centers have continued to accept all Medicare patients. However these centers are under funded. Most states supplement the federal funding. Alaska does not. AARP is supporting a request by the Alaska Primary Care Association for state funding for the centers. We believe it will reduce inappropriate (and very expensive) emergency room visits and will help support the only alternative many Medicare beneficiaries now have for access to a physician. The House included $350,000 in their version of the budget, no where near the $13 million being requested by the Alaska Primary Care Association. Efforts are underway now to try to get a significant increase in the Senate. The Senate Sub-Committee on Health and Social Services did not recommend the $13 million increase. However, this could still happen in the Senate Finance Committee. Please contact Senate Finance Committee members now and ask them to include it. The final decision will be made on March 21. 

Task Force on Health Care Infections:
Senator Gary Stevens introduced SB 62 which would establish a task force that would require reporting of infections that occur within a health facility. The ultimate purpose of the bill is to reduce errors in health facilities that cause additional health problems. Depending on the facility, 6 to 17 percent of hospitalized patients will acquire a new infection after they have entered the hospital.  Because of declining immunity and longer hospital stays, older patients are particularly at risk. The task force will provide information on in-hospital infection rates to Alaska health care consumers.  SB 62 passed Senate HESS and is now in Senate Finance. No hearing is currently scheduled at this time.

Expansion of Denali KidCare:
Senator Bettye Davis introduced SB 212 which would raise the eligibility levels for children to be accepted into the Denali KidCare program from 175% of the federal poverty level to 200%.  AARP supports providing health coverage to all children who are uninsured. The bill passed Senate HESS on January 28. A hearing was waived by Senate Labor and Commerce and the bill went directly to the Senate Finance Committee. It has not had a hearing there and none is scheduled at this time.

Expansion of Responsibilities for Dental Hygienists:
Representative Bill Stoltze introduced HB 136 which expands the scope of practice of dental hygienists. Dental hygienists work under licensed dentists and focus on preventing and treating oral diseases. Several other states already allow them to:
• Place fillings into a cavity already prepared by a dentist
• Administer a local anesthetic under supervision of a dentist
• Enter into an agreement with a dentist in which the dentist authorizes the hygienist to work on specified tasks

Alaska will never have as many health professionals as we need, especially in our remote communities. HB 136 will help expand our oral health delivery system and remain under the supervision of trained and licensed dentists. AARP supports HB 136. This bill has passed the House and two Senate committees and is awaiting a hearing in Senate Finance. No hearing is currently scheduled at this time.

Education Loan Repayment Program:
Representative Craig Johnson has introduced HB 234 which would offer student loan repayment for up to five years or 50% of the outstanding loan. Loan repayment would be available to students in fields identified as having a severe workforce shortage, eg., health care, teaching, and the technical jobs required by resource development and the gas pipeline. AARP supports this as a technique that works to draw students into specific fields and helps them stay here in Alaska to work. Although introduced in April, 2007, the bill has not had a hearing yet. No hearing in House HESS is scheduled at this time.

Mandatory Sick Leave:
Currently about 40% of Alaska’s workforce are not provided sick leave. Many of these workers are part timers. SB 258, authored by the Senate Labor and Commerce Committee, would provide one hour of sick leave for every forty hours worked, whether full or part-time. SB 258 has strong support from the Alaska Public Interest Research Group (AkPIRG) as well as AARP. The bill was heard for the first time in Senate Labor and Commerce and is awaiting a second hearing (not scheduled at this time).

Organ Donation:
Senator Lesil McGuire has a long history of sponsoring legislation that encourages organ donation. SB 181 would allow a variety of donations to organizations that sponsor or handle registries for organ donations. The bill has passed Senate Health, Education and Social Services and has been sent to Senate State Affairs, chaired by Senator McGuire.

Governor Palin’s Health Commission, Plan and Facilities Proposal:
Governor Palin introduced companion bills in the House, HB 337, and in the Senate, SB 245, that address three separate issues:
1. Establishing a statewide health advisory commission
2. Eliminating the Certificate of Need for new health facilities
3. Creating a transparency program so consumers can determine cost of services, pharmaceuticals, etc., as well as the quality record of a particular facility or health provider.

AARP has recommended that the three items be considered as separate bills. The elimination of the certificate of need has positioned Alaska’s hospitals against the Governor and against free-standing imaging centers that the hospitals believe will eliminate their own imaging centers (considered profitable) which they use to underwrite services where they lose money (eg., emergency rooms, social work supportive services, etc). We are concerned that the battle over the certificate of need has grown so contentious that it could bring down the other two items. A statewide advisory body on health makes sense and a transparency program for costs and quality can prove to be very helpful for consumers.
 
Representative Mike Kelly has offered HB 245 which would be a compromise on the certificate of need which has already been agreed to by all parties. Senator Bettye Davis has offered SB 300 which would encompass the commission and the transparency program but would eliminate any discussion of changing the certificate of need. Both SB 300 and Governor Palin’s SB 245 are scheduled to be heard in Senate Health Education and Social Services on Wednesday, March 12, at 1:30 pm. Senator Davis chairs this Committee and has scheduled her bill to be heard before the Governor’s.

Provide Insurance/Medicaid Coverage for Clinical Cancer Trials:
SB 280 is authored by Senator Bettye Davis and would mandate private insurance coverage or Medicaid coverage for a cancer patient undergoing a specialized clinical trial. Currently many insurance programs will not provide coverage when undergoing a clinical trial which is considered “experimental.” SB 280 would eliminate this practice and provide continuous coverage while undergoing treatment, traditional or experimental. AARP supports SB 280. The bill is scheduled for its first hearing in Senate Health, Education and Social Services on Friday, March 14, at 1:30 pm.

Consumer Issues

Public Pensions:
Senator Kim Elton, a Democrat, and Senator Lesil McGuire, a Republican, have jointly introduced SB 183 which would reverse action taken by the Legislature in 2005 under SB 141. Prior to SB 141, Alaska’s teachers and municipal and state employees participated in a defined benefit pension plan. Since most of Alaska’s public employees do not participate in Social Security, it was critical that they have a defined benefit that could not be outlived. SB 141 changed the system to a defined contribution plan. It is possible to outlive your contributions and, without Social Security, some retirees would find themselves with no income. NEA, the AFL-CIO, and all the public employee unions and municipal police and firefighter organizations are backing SB 183 to return to the defined benefit program of Tier III under PERS and Tier II under TRS. AARP, the Alaska Retired Educators Association, and the Retired Public Employees Association are all supporting SB 183. Senate President Lyda Green does not like the bill and she referred it to four separate committees. The bill passed out of the first committee of referral, Senate Labor and Commerce, on February 15. It has been sent to Senate State Affairs and is scheduled for its first hearing on March 18. Although the Committee Chair, Senator Lesil McGuire, is a co-sponsor, there are Committee members, particularly Senate President Lyda Green, who are expected to be in strong opposition.

Alaska Housing Trust:
With the encouragement of the Alaska Mental Health Trust Authority, Governor Palin has included $10 million in her proposed budget to the Legislature to establish an Alaska Housing Trust.  Organizations as diverse as Wells Fargo Bank, the Salvation Army, Bristol Bay Native Corporation and AARP have joined with seventy other organizations in support of the proposal. Thirty-four states have already established Housing Trusts. Currently the need for affordable housing solutions is outpacing the ability of the federal, state, and local governments to serve those needs. Housing trust funds have established themselves as a critical tool to helping alleviate housing problems. In addition to helping older residents, these funds provide relief for a wide range of housing problems. Governor Palin introduced companion bills in the House and Senate, HB 324 and SB 231. Both bills are moving. HB 324 was heard and passed in House HESS on February 5 and is scheduled for a hearing in the House Finance Committee Thursday, March 13, at 1:30 pm. SB 231 was heard in Senate HESS twice and passed on February 4. It is now before Senate Finance although no hearing has been scheduled there at this time. It is expected that the funding will be part of the Capital budget.

Extension of the Alaska Commission on Aging:
HB 276 has been introduced by Representative Andrea Doll with two companion bills in the Senate, SB 188, by Senator Gene Therriault and SB 209, by Senator Bettye Davis, to extend the life of the Alaska Commission on Aging from June 30, 2008 to June 30, 2016.

The Commission on Aging received an extremely positive audit and, with the increasing number of older Alaskans, it is vital that the Alaska Commission on Aging assume an even more visible role as the focal point for aging issues in state government.  HB 276 has passed House HESS and was referred to House Finance. SB 209 passed Senate Labor and Commerce and is scheduled for a hearing before Senate Finance on Friday, March 14, at 9:00 am. SB 243, a “clean-up” recommended by the state auditor to specify clearly ACOA’s responsibilities is scheduled at the same time.

Identity Theft:
Senator Gene Therriault re-introduced the 2006 bi-partisan bill which died in the last days of the session when then-Senate President Ben Stevens refused to bring it to a vote.Since he is now in the Senate minority, Senator Therriault’s SB 21 was not heard at all in 2007. However, Representative John Coghill and Representative Les Gara introduced a bi-partisan companion bill in the House, HB 65, which passed two committees and was heard on January 23 before House Finance. The House bill has an additional ten co-sponsors from both parties. We expect HB 65 to be the vehicle that keeps moving. These bills require any organization to immediately report any breaches of personal information. It will restrict the sale and distribution of Social Security numbers. It will allow consumers to freeze and unfreeze their credit report information. The bill will protect consumers from the growing threat of identity theft and consumer fraud. AARP is strongly in support of the bill as is the Alaska Public Interest Research Group (AkPIRG) and the Alaska Attorney General’s office. The bill passed the House 35-0 and had its first hearing in Senate Labor and Commerce. The second hearing will be on Thursday, March 13 at 1:30 pm.

Guardianship and Conservators:
The Senate Labor and Commerce Committee introduced SB 101, a Committee bill which will create several consumer safeguards. Included in the provisions are:
• Requiring licensing for anyone identifying themselves as a private professional guardian or conservator
• Prohibiting anyone who has been convicted of a felony or a misdemeanor for theft or fraud in the last ten years from serving in either capacity
• Require professional liability insurance
• Require a comprehensive annual report of all activities

SB 101 passed Labor and Commerce and Senate State Affairs and has been sent to Senate Finance. 

The Alaska Attorney General’s office recommended to the Legislature that Alaska adopt a uniform a uniform law on guardianship similar to what has been adopted in other states and is recommended by the National Association of Attorney Generals. AARP supports this effort and a committee substitute was presented to Senate Finance which includes all these provisions. States should have consistent standards to protect the rights of a ward as well as to prevent abuse in guardianship proceedings. In addition, Alaskans, like many other older Americans, often have ties to more than one state. Consistent laws adopted by all states benefit everyone and help prevent problems. The bill passed the Senate 18-0 and is scheduled for its first hearing in House Labor and Commerce on Wednesday, March 12, at 3:00.

Promotional Checks:
Have you ever received a check for $10 or $25 and not known why? Companies use these “promotional checks” to lure unsuspecting individuals and companies to deposit the check. Next thing you know, because you didn’t read the small print, you have a lifetime subscription to a magazine you never heard of. Representative Bob Lynn has introduced HB 182 at the request of the Alaska Attorney General’s office. HB 182 would make it illegal to send unsolicited promotional checks to any individual or business in Alaska. The bill has already passed the House 37-0. It has also picked up twelve House co-sponsors, Republicans and Democrats. The bill also passed Senate Labor and Commerce Committee and Judiciary. The bill is now before Senate Rules and should soon be scheduled for a Senate Floor vote. 

State Veterans’ Cemetery Fund:
Representatives David Guttenberg and Andrea Doll hae jointly introduced HB 45, which would allow Alaska to establish a fund for state cemeteries for veterans. Currently the only veterans’ cemeteries are in Anchorage and Sitka. This bill would allow the state to establish additional cemeteries. Currently the most logical location would be Fairbanks. The Interior has over 11,000 veterans. Alaska has the highest per capita number of veterans in the United States. HB 45 passed the House 36-0 and also passed Senate State Affairs. It is waiting in Senate Finance.  No hearing has been scheduled at this time.

False Caller Identification:
Representatives Bob Lynn and Berta Gardner introduced HB 7 which would make it illegal to use false caller identification. The Federal Trade Commission does not regulate false caller ID usage (referred to by law enforcement as “spoofing”). It is currently legal in Alaska to use a false caller identification which is displayed on a telephone caller identification screen. An entire industry has developed that sells “spoofing” cards to telemarketers that disguise not only the calling number but even the caller’s voice. AARP supports HB 7 and has testified in House Judiciary and in House Finance. The bill passed the House 29-0 and was been referred to Senate Judiciary. The bill passed Senate Judiciary and is awaiting a hearing in Senate Finance.

AWWU Exemption from RCA regulation:
AARP is in opposition to SB 155. The Anchorage Water and Wastewater Utility (AWWU) has asked for four rate increases in the last three years. SB 155 asks the Legislature to remove AWWU from oversight by the RCA when they want to propose new rate increases. If that happened, only the Anchorage Assembly would have the responsibility to approve new rates. The Assembly simply does not have the experienced engineers, financial analysts, and attorneys to determine if a rate increase is justified. The RCA does and AARP believes AWWU should remain under their review for any proposed new increases. The bill was referred to Senate Labor and Commerce and did not have a hearing at all in 2006. We understand the Municipality may have decided not to move the bill forward and will let it die at the end of session.

Expand Alaska Energy Assistance Program:
Representative Mary Nelson introduced HB 308 which would provide state funding to supplement the energy assistance program currently funded by the federal government. The federal program makes energy assistance payments available to Alaskans who fall below 150% of the federal poverty level.  HB 308 would provide eligibility up to 175% of the federal poverty level. For a single person, the higher eligibility would be at an annual income of $22,750 and for a couple at $30,625. The bill was heard by House Community and Regional Affairs and passed Tuesday, March 11. It is scheduled to go to House Finance next.

Home Energy Conservation and Weatherization:
Senator Lyman Hoffman, working collaboratively with the Alaska Housing Finance Corporation, introduced SB 289 which would use trained staff of AHFC to determine what improvements could be made to residences to improve their energy efficiency. Rather than simply give checks to help pay utility bills, weatherization could bring down those costs permanently. AARP strongly supports this effort. The bill passed Senate Labor and Commerce on Tuesday, March 11, and has now been sent to Senate Finance where we expect a quick hearing (since Senator Hoffman is Co-Chair of Senate Finance).

Increase the Alaska Minimum Wage:
Senator Bill Wielechowski introduced SB 187 which would increase the Alaska minimum wage.  Currently the minimum wage here is $7.15. The federal minimum wage is scheduled to move to 7.25 in 2009. SB 187 would move the Alaska minimum wage to $8.00 and index it to inflation. AARP testified in support of the bill in its initial hearing in Senate Labor and Commerce. It passed this Committee and has now been sent to Senate Finance. No hearing is scheduled at this time.

Clean Elections:
Senator Bill Wielechowski introduced SB 182 which provides for public funding of elections if a candidate chooses to accept public funds. Arizona, Maine and New Jersey are among several states that have passed similar bills in the last few years. Candidates can concentrate on campaigning and discussing their positions and do not have to spend time raising money. Additionally, states that have adopted clean election laws have seen an increase in voting, an increase in small contributions from citizens instead of large contributions from corporations and lobbyists, and an increase in public participation in campaigns. AARP testified in support of SB 182 at its first hearing before Senate Community and Regional Affairs on February 5. The bill has not moved out of the Committee at this time. A companion bill, HB 261, was introduced in the House by Representative Gabrielle LeDoux. This bill was originally scheduled to be heard earlier and is now actually scheduled for a hearing in House State Affairs on Saturday, March 15, at 11:00 am.

For additional information:

Marie Darlin, Coordinator
AARP Capital City Task Force
415 Willoughby Avenue, Apt. 506 
Juneau, AK 99801
907-586-3637 (voice)
907-463-3580 (fax)

Patrick Luby
AARP Advocacy Director
3601 C Street, Suite 1420
Anchorage, AK 99503
907-762-3314 (work, direct)
907-599-0839 (cell)
907-341-2270 (fax)
jluby@aarp.org