00 HOUSE BILL NO. 62 01 "An Act relating to eligibility requirements and premium requirements for medical 02 assistance coverage for children; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04  * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 05 to read: 06 SHORT TITLE. This Act may be known as the Denali Kid Care Accountability Act. 07  * Sec. 2. AS 47.07.020(b) is amended to read: 08 (b) In addition to the persons specified in (a) of this section, the following 09 optional groups of persons for whom the state may claim federal financial 10 participation are eligible for medical assistance: 11 (1) persons eligible for but not receiving assistance under any plan of 12 the state approved under 42 U.S.C. 1381 - 1383c (Title XVI, Social Security Act, 13 Supplemental Security Income) or a federal program designated as the successor to the 14 aid to families with dependent children program; 01 (2) persons in a general hospital, skilled nursing facility, or 02 intermediate care facility, who, if they left the facility, would be eligible for assistance 03 under one of the federal programs specified in (1) of this subsection; 04 (3) persons under 21 years of age who are under supervision of the 05 department, for whom maintenance is being paid in whole or in part from public 06 funds, and who are in foster homes or private child-care institutions; 07 (4) aged, blind, or disabled persons, who, because they do not meet 08 income and resources requirements, do not receive supplemental security income 09 under 42 U.S.C. 1381 - 1383c (Title XVI, Social Security Act), and who do not 10 receive a mandatory state supplement, but who are eligible, or would be eligible if 11 they were not in a skilled nursing facility or intermediate care facility to receive an 12 optional state supplementary payment; 13 (5) persons under 21 years of age who are in an institution designated 14 as an intermediate care facility for the mentally retarded and who are financially 15 eligible as determined by the standards of the federal program designated as the 16 successor to the aid to families with dependent children program; 17 (6) persons in a medical or intermediate care facility whose income 18 while in the facility does not exceed $1,656 a month but who would not be eligible for 19 an optional state supplementary payment if they left the hospital or other facility; 20 (7) persons under 21 years of age who are receiving active treatment in 21 a psychiatric hospital and who are financially eligible as determined by the standards 22 of the federal program designated as the successor to the aid to families with 23 dependent children program; 24 (8) persons under 21 years of age and not covered under (a) of this 25 section [,] who would be eligible for benefits under the federal program designated as 26 the successor to the aid to families with dependent children program, except that they 27 have the care and support of both their natural and adoptive parents; 28 (9) pregnant women not covered under (a) of this section and who 29 meet the income and resource requirements of the federal program designated as the 30 successor to the aid to families with dependent children program; 31 (10) persons under 21 years of age not covered under (a) of this section 01 who the department has determined cannot be placed for adoption without medical 02 assistance because of a special need for medical or rehabilitative care and who the 03 department has determined are hard-to-place children eligible for subsidy under 04 AS 25.23.190 - 25.23.210; 05 (11) persons who can be considered under 42 U.S.C. 1396a(e)(3) (Title 06 XIX, Social Security Act, Medical Assistance) to be individuals with respect to whom 07 a supplemental security income is being paid under 42 U.S.C. 1381 - 1383c (Title 08 XVI, Social Security Act) because they meet all of the following criteria: 09 (A) they are 18 years of age or younger and qualify as disabled 10 individuals under 42 U.S.C. 1382c(a) (Title XVI, Social Security Act); 11 (B) the department has determined that 12 (i) they require a level of care provided in a hospital, 13 nursing facility, or intermediate care facility for the mentally retarded; 14 (ii) it is appropriate to provide their care outside of an 15 institution; and 16 (iii) the estimated amount that would be spent for 17 medical assistance for their individual care outside an institution is not 18 greater than the estimated amount that would otherwise be expended 19 individually for medical assistance within an appropriate institution; 20 (C) if they were in a medical institution, they would be eligible 21 for medical assistance under other provisions of this chapter; and 22 (D) home and community-based services under a waiver 23 approved by the federal government are either not available to them under this 24 chapter or would be inappropriate for them; 25 (12) disabled persons, as described in 42 U.S.C. 26 1396a(a)(10)(A)(ii)(XIII), who are in families whose income, as determined under 27 applicable federal regulations or guidelines, is less than 250 percent of the official 28 poverty line applicable to a family of that size according to the United States 29 Department of Health and Human Services, and who, but for earnings in excess of the 30 limit established under 42 U.S.C. 1396d(q)(2)(B), would be considered to be 31 individuals with respect to whom a supplemental security income is being paid under 01 42 U.S.C. 1381 - 1383c; a person eligible for assistance under this paragraph who is 02 not eligible under another provision of this section shall pay a premium or other cost- 03 sharing charges according to a sliding fee scale that is based on income as established 04 by the department in regulations; 05 (13) persons under 19 years of age who are not covered under (a) of 06 this section and whose household income does not exceed 175 percent of the federal 07 poverty line as defined by the United States Department of Health and Human 08 Services and revised under 42 U.S.C. 9902(2); 09 (14) pregnant women who are not covered under (a) of this section and 10 whose household income does not exceed 175 percent of the federal poverty line as 11 defined by the United States Department of Health and Human Services and revised 12 under 42 U.S.C. 9902(2); 13 (15) persons who have been diagnosed with breast or cervical cancer 14 and who are eligible for coverage under 42 U.S.C. 1396a(a)(10)(A)(ii)(XVIII);  15 (16) persons under 19 years of age who are not covered under (a)  16 of this section  17 (A) who pay a premium under AS 47.07.042(g);  18 (B) whose household income is more than 175 and not more  19 than 250 percent of the federal poverty line as defined by the United  20 States Department of Health and Human Services and revised under 42  21 U.S.C. 9902(2);  22 (C) whose assets do not exceed the maximum value  23 established by the United States Department of Health and Human  24 Services under 42 U.S.C. 1396 - 1396p (Title XIX, Social Security Act);  25 and  26 (D) who apply annually on a form approved by the  27 department. 28  * Sec. 3. AS 47.07.020 is amended by adding a new subsection to read: 29 (o) Notwithstanding the eligibility provisions under (b)(16) of this section, the 30 department shall provide for continuous medical assistance coverage under this 31 section for an eligible recipient for a 12-month period after approval of an application. 01  * Sec. 4. AS 47.07.042 is amended by adding a new subsection to read: 02 (g) In addition to the requirements established under (a) and (b) of this section, 03 the department shall require annual premiums from recipients who are eligible for 04 benefits under AS 47.07.020(b)(16) and whose household income is more than 175 05 and not more than 250 percent of the federal poverty line. The department shall 06 (1) adopt in regulation a sliding scale, providing for a premium that 07 (A) is not less than two percent of the recipient's household 08 income; and 09 (B) meets the maximums allowed under federal law; and 10 (2) implement a system for collection of the premium. 11  * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to 12 read: 13 CONTINGENT EFFECT. AS 47.07.020(b)(16), 47.07.020(o), and 47.07.042(g), 14 added in secs. 2, 3, and 4 of this Act, take effect only if, before July 1, 2011, the United States 15 Department of Health and Human Services has approved the changes and provided sufficient 16 funding for the changes. 17  * Sec. 6. If AS 47.07.020(b)(16), 47.07.020(o), and 47.07.042(g), added in secs. 2, 3, and 4 18 of this Act, take effect, they take effect on the date that the revisor of statutes receives notice 19 from the commissioner of health and social services that the United States Department of 20 Health and Human Services has approved the changes and provided sufficient funding for the 21 additions.