SCS CSHB 67(FIN)(EFD FLD): "An Act relating to eligibility for and payments of public assistance."
00SENATE CS FOR CS 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01 (A) for a parent and one dependent child [UNDER 18], a 02 maximum of $821 [$500]; 03 (B) [REPEALED 04 (C)] for each additional dependent child, or for a second 05 parent, $102 [UNDER AGE 18, $65] a month per individual [CHILD]; 06 (3) pregnant woman who is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 [42 U.S.C. 1381 - 1385]. 21 * Sec. 3. AS 47.25.320 is amended by adding a new subsection to read: 22 (g) The department may adopt regulations to establish a monthly need standard 23 for a dependent child and the relative with whom the dependent child is living that 24 equals or exceeds the monetary maximums set in (a) of this section. 25 * Sec. 4. AS 47.25.430(b) is amended to read: 26 (b) The department shall determine the amount of assistance with regard to the 27 resources and needs of the person and the conditions existing in each case. Assistance 28 shall be in an amount that will provide the applicant with reasonable subsistence 29 compatible with decency and health in accordance with standards established by the 30 department and with the standards established under 42 U.S.C. 1381 - 1383 [42 U.S.C. 31 1381 - 1385] (Title XVI, Social Security Act Supplemental Security Income Program).
01 Direct payments for medical services and remedial care may not be considered 02 in determining the maximum amount payable. When benefit amounts under 42 03 U.S.C. 1381 - 1383 [42 U.S.C. 1381 - 1385] are increased as a result of an increase 04 in the cost of living, the state shall pass along the increase to recipients and shall 05 increase the amount of the state contribution to recipients, other than those receiving 06 a personal needs allowance, by a percentage of the state contribution equal to the 07 percentage increase in the benefit amounts under 42 U.S.C. 1381 - 1383 if the 08 legislature has appropriated money specifically for the purpose of increasing the 09 state contribution because of an increase in federal benefit amounts under 42 10 U.S.C. 1381 - 1383; this increase in the state contribution takes effect on the same 11 day that the corresponding federal increase in benefits under 42 U.S.C. 1381 - 12 1383 takes effect [42 U.S.C. 1381 - 1385. DIRECT PAYMENTS FOR MEDICAL 13 SERVICES AND REMEDIAL CARE MAY NOT BE CONSIDERED IN 14 DETERMINING THE MAXIMUM AMOUNT PAYABLE]. 15 * Sec. 5. AS 47.25.430 is amended by adding a new subsection to read: 16 (e) Notwithstanding (a) and (b) of this section, the department shall, in a 17 manner that complies with federal requirements, reduce the maximum state 18 contribution to recipients otherwise payable on the effective date of this bill section 19 to the maximum state contribution to recipients that was in effect on January 1, 1992. 20 On and after the effective date of this bill section, the department shall, in a manner 21 that complies with federal requirements, calculate the amount of monthly assistance 22 for a recipient based on the maximum state contribution to recipients in effect on 23 January 1, 1992, as modified by any increase under (b) of this section. 24 * Sec. 6. AS 47.25.455 is amended by adding new subsections to read: 25 (c) A person applying for assistance under this section shall, as a condition of 26 eligibility for assistance, agree to repay the state for assistance granted upon the 27 person's receipt of a benefit under 42 U.S.C. 1381 - 1383 for a month in which the 28 person received interim assistance under this section. The monthly repayment required 29 by this subsection may not exceed the amount of assistance that the person received 30 under 42 U.S.C. 1381 - 1383 for that month. 31 (d) Beginning the first full month after a person is determined to be eligible
01 for assistance under 42 U.S.C. 1381 - 1383, the department shall terminate interim 02 assistance to that person under this section and begin payments to the person under 03 AS 47.25.430. 04 * Sec. 7. AS 47.25.320(e) is repealed. 05 * Sec. 8. TRANSITION FOR REGULATIONS. The Department of Health and Social 06 Services shall adopt regulations necessary to implement this Act, consistent with federal 07 requirements. The regulations take effect under AS 44.62 (Administrative Procedure Act), but 08 not before the effective date of secs. 1 - 7 of this Act.