CSHB 67(FIN)(EFD FLD): "An Act relating to eligibility for and payments of public assistance."
00CS FOR HOUSE BILL NO. 67(FIN)(efd fld) 01 "An Act relating to eligibility for and payments of public assistance." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 47.25.320(a) is amended to read: 04 (a) The department shall determine the amount of assistance for a dependent 05 child, and the relative with whom the dependent child is living, with regard to the 06 resources and necessary expenditures of the family and the condition existing in each 07 case. Assistance is sufficient if, when added to all other income and support available 08 to the child, the child and relative have reasonable subsistence compatible with 09 decency and health. However, the amount of assistance may not exceed the following: 10 (1) dependent child living with nonneedy relative: for a dependent 11 child [UNDER AGE 18] who is living in the home of a nonneedy relative, $452 12 [$200], plus $102 for [AN ADDITIONAL $200 FOR THE SECOND CHILD, AND 13 $65 A CHILD FOR THE THIRD AND] each additional child; 14 (2) dependent child living with parent:
01 (A) for a parent and one dependent child [UNDER 18], a 02 maximum of $821 [$500]; 03 (B) [REPEALED 04 (C)] for each additional dependent child, or for a second 05 parent, $102 [UNDER AGE 18, $65] a month per individual [CHILD]; 06 (3) pregnant woman who is otherwise eligible for assistance under this 07 section, or [: AN AMOUNT EQUAL TO THE ASSISTANCE RECEIVED BY] a 08 single-person household that does not consist of a dependent child: $514 [UNDER 09 THIS SECTION AS DETERMINED BY THE DEPARTMENT PLUS A SPECIAL 10 NEEDS ALLOWANCE NOT TO EXCEED $20] a month. 11 * Sec. 2. AS 47.25.320(d) is amended to read: 12 (d) If benefits under 42 U.S.C. 1381 - 1383 [42 U.S.C. 1381 - 1385] (Social 13 Security Act Supplemental Security Income Program) are increased because of an 14 increase in the cost of living and the legislature has appropriated money 15 specifically for the purpose of increasing the monetary maximums in (a) of this 16 section because of the increase in federal benefits, the department shall increase the 17 monetary maximums in (a) of this section by a percentage equal to the percentage 18 increase in the benefits under 42 U.S.C. 1381 - 1383; this increase in the monetary 19 maximums takes effect on the same day that the corresponding federal increase 20 in benefits under 42 U.S.C. 1381 - 1383 takes effect. The department shall also 21 increase the monetary maximums in (a) of this section if the department 22 determines during a calendar year that assistance under (a)(2)(A) of this section 23 is less than 75 percent of the federal poverty guideline for Alaska for a family 24 unit with two members as determined by the secretary of the Department of 25 Health and Human Services under 42 U.S.C. 9902(2); if the department makes 26 this determination, the department shall increase all of the monetary maximums 27 under (a) of this section by a percentage that equals the percentage increase in 28 benefits under 42 U.S.C. 1381 - 1383 that takes place the first time that the 29 federal benefits under 42 U.S.C. 1381 - 1383 are increased after the calendar year 30 in which the department makes the determination; this increase takes effect the 31 same day as the federal increase in benefits under 42 U.S.C. 1381 - 1383 takes
01 effect [42 U.S.C. 1381 - 1385]. 02 * Sec. 3. AS 47.25.320 is amended by adding a new subsection to read: 03 (g) The department may adopt regulations to establish a monthly need standard 04 for a dependent child and the relative with whom the dependent child is living that 05 equals or exceeds the monetary maximums set in (a) of this section. 06 * Sec. 4. AS 47.25.430(b) is amended to read: 07 (b) The department shall determine the amount of assistance with regard to the 08 resources and needs of the person and the conditions existing in each case. Assistance 09 shall be in an amount that will provide the applicant with reasonable subsistence 10 compatible with decency and health in accordance with standards established by the 11 department and with the standards established under 42 U.S.C. 1381 - 1383 [42 U.S.C. 12 1381 - 1385] (Title XVI, Social Security Act Supplemental Security Income Program). 13 Direct payments for medical services and remedial care may not be considered 14 in determining the maximum amount payable. When benefit amounts under 42 15 U.S.C. 1381 - 1383 [42 U.S.C. 1381 - 1385] are increased as a result of an increase 16 in the cost of living, the state shall pass along the increase to recipients and shall 17 increase the amount of the state contribution to recipients, other than those receiving 18 a personal needs allowance, by a percentage of the state contribution equal to the 19 percentage increase in the benefit amounts under 42 U.S.C. 1381 - 1383 if the 20 legislature has appropriated money specifically for the purpose of increasing the 21 state contribution because of an increase in federal benefit amounts under 42 22 U.S.C. 1381 - 1383; this increase in the state contribution takes effect on the same 23 day that the corresponding federal increase in benefits under 42 U.S.C. 1381 - 24 1383 takes effect. The state shall also increase the state's contribution to 25 recipients other than those receiving a personal needs allowance if the department 26 determines during a calendar year that assistance under this section to an eligible 27 individual living independently, when added to the individual's other countable 28 income as determined under regulations of the department, is less than 100 29 percent of the federal poverty guideline for Alaska for a family unit with one 30 member as determined by the secretary of the Department of Health and Human 31 Services under 42 U.S.C. 9902(2); if the department makes this determination, the
01 state shall increase the state's contribution to all recipients, other than those 02 receiving a personal needs allowance, by a percentage that equals the percentage 03 increase in benefits under 42 U.S.C. 1381 - 1383 that takes place the first time 04 that the federal benefits under 42 U.S.C. 1381 - 1383 are increased after the 05 calendar year in which the department makes the determination; this increase 06 takes effect the same day as the federal increase in benefits under 42 U.S.C. 1381 07 - 1383 takes effect [42 U.S.C. 1381 - 1385. DIRECT PAYMENTS FOR MEDICAL 08 SERVICES AND REMEDIAL CARE MAY NOT BE CONSIDERED IN 09 DETERMINING THE MAXIMUM AMOUNT PAYABLE]. 10 * Sec. 5. AS 47.25.430 is amended by adding a new subsection to read: 11 (e) Notwithstanding (a) and (b) of this section, the department shall, in a 12 manner that complies with federal requirements, reduce the maximum state 13 contribution to recipients otherwise payable on July 1, 1993, to the maximum state 14 contribution to recipients that was in effect on January 1, 1992. After June 30, 1993, 15 the department shall, in a manner that complies with federal requirements, calculate 16 the amount of monthly assistance for a recipient based on the maximum state 17 contribution to recipients in effect on January 1, 1992, as modified by any increase 18 under (b) of this section. 19 * Sec. 6. AS 47.25.455 is amended by adding new subsections to read: 20 (c) A person applying for assistance under this section shall, as a condition of 21 eligibility for assistance, agree to repay the state for assistance granted upon the 22 person's receipt of a benefit under 42 U.S.C. 1381 - 1383 for a month in which the 23 person received interim assistance under this section. The monthly repayment required 24 by this subsection may not exceed the amount of assistance that the person received 25 under 42 U.S.C. 1381 - 1383 for that month. 26 (d) Beginning the first full month after a person is determined to be eligible 27 for assistance under 42 U.S.C. 1381 - 1383, the department shall terminate interim 28 assistance to that person under this section and begin payments to the person under 29 AS 47.25.430. 30 * Sec. 7. AS 47.25.320(e) is repealed. 31 * Sec. 8. TRANSITION FOR REGULATIONS. The Department of Health and Social
01 Services shall adopt regulations necessary to implement this Act, consistent with federal 02 requirements. The regulations take effect under AS 44.62 (Administrative Procedure Act), but 03 not before July 1, 1993. 04