00 HOUSE BILL NO. 231 01 "An Act relating to eligibility requirements for medical assistance for certain children, 02 pregnant women, and disabled persons; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04  * Section 1. AS 47.07.020(b) is amended to read: 05 (b) In addition to the persons specified in (a) of this section, the following 06 optional groups of persons for whom the state may claim federal financial 07 participation are eligible for medical assistance: 08 (1) persons eligible for but not receiving assistance under any plan of 09 the state approved under 42 U.S.C. 1381 - 1383c (Title XVI, Social Security Act, 10 Supplemental Security Income) or a federal program designated as the successor to the 11 aid to families with dependent children program; 12 (2) persons in a general hospital, skilled nursing facility, or 13 intermediate care facility, who, if they left the facility, would be eligible for assistance 14 under one of the federal programs specified in (1) of this subsection; 01 (3) persons under 21 years of age who are under supervision of the 02 department, for whom maintenance is being paid in whole or in part from public 03 funds, and who are in foster homes or private child-care institutions; 04 (4) aged, blind, or disabled persons, who, because they do not meet 05 income and resources requirements, do not receive supplemental security income 06 under 42 U.S.C. 1381 - 1383c (Title XVI, Social Security Act), and who do not 07 receive a mandatory state supplement, but who are eligible, or would be eligible if 08 they were not in a skilled nursing facility or intermediate care facility to receive an 09 optional state supplementary payment; 10 (5) persons under 21 years of age who are in an institution designated 11 as an intermediate care facility for the mentally retarded and who are financially 12 eligible as determined by the standards of the federal program designated as the 13 successor to the aid to families with dependent children program; 14 (6) persons in a medical or intermediate care facility whose income 15 while in the facility does not exceed $1,656 a month but who would not be eligible for 16 an optional state supplementary payment if they left the hospital or other facility; 17 (7) persons under 21 years of age who are receiving active treatment in 18 a psychiatric hospital and who are financially eligible as determined by the standards 19 of the federal program designated as the successor to the aid to families with 20 dependent children program; 21 (8) persons under 21 years of age and not covered under (a) of this 22 section, who would be eligible for benefits under the federal program designated as 23 the successor to the aid to families with dependent children program, except that they 24 have the care and support of both their natural and adoptive parents; 25 (9) pregnant women not covered under (a) of this section and who 26 meet the income and resource requirements of the federal program designated as the 27 successor to the aid to families with dependent children program; 28 (10) persons under 21 years of age not covered under (a) of this section 29 who the department has determined cannot be placed for adoption without medical 30 assistance because of a special need for medical or rehabilitative care and who the 31 department has determined are hard-to-place children eligible for subsidy under 01 AS 25.23.190 - 25.23.210; 02 (11) persons who can be considered under 42 U.S.C. 1396a(e)(3) (Title 03 XIX, Social Security Act, Medical Assistance) to be individuals with respect to whom 04 a supplemental security income is being paid under 42 U.S.C. 1381 - 1383c (Title 05 XVI, Social Security Act) because they meet all of the following criteria: 06 (A) they are 18 years of age or younger and qualify as disabled 07 individuals under 42 U.S.C. 1382c(a) (Title XVI, Social Security Act); 08 (B) the department has determined that 09 (i) they require a level of care provided in a hospital, 10 nursing facility, or intermediate care facility for the mentally retarded; 11 (ii) it is appropriate to provide their care outside of an 12 institution; and 13 (iii) the estimated amount that would be spent for 14 medical assistance for their individual care outside an institution is not 15 greater than the estimated amount that would otherwise be expended 16 individually for medical assistance within an appropriate institution; 17 (C) if they were in a medical institution, they would be eligible 18 for medical assistance under other provisions of this chapter; and 19 (D) home and community-based services under a waiver 20 approved by the federal government are either not available to them under this 21 chapter or would be inappropriate for them; 22 (12) disabled persons, as described in 42 U.S.C. 23 1396a(a)(10)(A)(ii)(XIII), who are in families whose income, as determined under 24 applicable federal regulations or guidelines, is less than 250 percent of the official 25 poverty line for Alaska applicable to a family of that size according to the United  26 States Department of Health and Human Services [FEDERAL OFFICE OF 27 MANAGEMENT AND BUDGET], and who, but for earnings in excess of the limit 28 established under 42 U.S.C. 1396d(q)(2)(B), would be considered to be individuals 29 with respect to whom a supplemental security income is being paid under 42 U.S.C. 30 1381 - 1383c; a person eligible for assistance under this paragraph who is not eligible 31 under another provision of this section shall pay a premium or other cost-sharing 01 charges according to a sliding fee scale that is based on income as established by the 02 department in regulations; 03 (13) persons under 19 years of age who are not covered under (a) of 04 this section and whose household income does not exceed 200 percent of the federal  05 poverty line for Alaska set by the United States Department of Health and  06 Human Services and revised under 42 U.S.C. 9902(2)  07 [(A) $1,635 A MONTH IF THE HOUSEHOLD CONSISTS 08 OF ONE PERSON; 09 (B) $2,208 A MONTH IF THE HOUSEHOLD CONSISTS OF 10 TWO PERSONS; 11 (C) $2,782 A MONTH IF THE HOUSEHOLD CONSISTS OF 12 THREE PERSONS; 13 (D) $3,355 A MONTH IF THE HOUSEHOLD CONSISTS OF 14 FOUR PERSONS; 15 (E) $3,928 A MONTH IF THE HOUSEHOLD CONSISTS OF 16 FIVE PERSONS; 17 (F) $4,501 A MONTH IF THE HOUSEHOLD CONSISTS OF 18 SIX PERSONS; 19 (G) $5,074 A MONTH IF THE HOUSEHOLD CONSISTS OF 20 SEVEN PERSONS; 21 (H) $5,647 A MONTH IF THE HOUSEHOLD CONSISTS OF 22 EIGHT PERSONS; 23 (I) $5,647 A MONTH, PLUS AN ADDITIONAL $574 A 24 MONTH FOR EACH EXTRA PERSON ABOVE EIGHT PERSONS WHO 25 IS IN THE HOUSEHOLD IF THE HOUSEHOLD CONSISTS OF NINE 26 PERSONS OR MORE]; 27 (14) pregnant women who are not covered under (a) of this section and 28 whose household income does not exceed 200 percent of the federal poverty line for  29 Alaska set by the United States Department of Health and Human Services and  30 revised under 42 U.S.C. 9902(2) 31 [(a) $2,208 A MONTH IF THE HOUSEHOLD CONSISTS OF TWO 01 PERSONS; 02 (b) $2,782 A MONTH IF THE HOUSEHOLD CONSISTS OF THREE 03 PERSONS; 04 (c) $3,355 A MONTH IF THE HOUSEHOLD CONSISTS OF FOUR 05 PERSONS; 06 (d) $3,928 A MONTH IF THE HOUSEHOLD CONSISTS OF FIVE 07 PERSONS; 08 (e) $4,501 A MONTH IF THE HOUSEHOLD CONSISTS OF SIX 09 PERSONS; 10 (f) $5,074 A MONTH IF THE HOUSEHOLD CONSISTS OF SEVEN 11 PERSONS; 12 (g) $5,647 A MONTH IF THE HOUSEHOLD CONSISTS OF EIGHT 13 PERSONS; 14 (h) $5,647 A MONTH, PLUS AN ADDITIONAL $574 A MONTH FOR 15 EACH EXTRA PERSON ABOVE EIGHT PERSONS WHO IS IN THE 16 HOUSEHOLD IF THE HOUSEHOLD CONSISTS OF NINE PERSONS OR 17 MORE]; 18 (15) persons who have been diagnosed with breast or cervical cancer 19 and who are eligible for coverage under 42 U.S.C. 1396a(a)(10)(A)(ii)(XVIII). 20  * Sec. 2. This Act takes effect immediately under AS 01.10.070(c).