HB 323: "An Act extending eligibility for medical assistance to pregnant women with household incomes not exceeding 185 percent of the federal poverty level and changing the order of priority for persons eligible for Medicaid to reflect the extension of eligibility to these pregnant women; and providing for an effective date."
00HOUSE BILL NO. 323 01 "An Act extending eligibility for medical assistance to pregnant women with 02 household incomes not exceeding 185 percent of the federal poverty level and 03 changing the order of priority for persons eligible for Medicaid to reflect the 04 extension of eligibility to these pregnant women; and providing for an effective 05 date." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. 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 participation 10 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. 601 - 615 (Title IV-A, Social Security Act, Aid to 13 Families with Dependent Children) or 42 U.S.C. 1381 - 1383c (Title XVI, Social 14 Security Act, Supplemental Security Income);
01 (2) persons in a general hospital, skilled nursing facility, or intermediate 02 care facility, who, if they left the facility, would be eligible for assistance under one 03 of the federal programs specified in (1) of this subsection; 04 (3) persons under age 21 who are under supervision of the department, 05 for whom maintenance is being paid in whole or in part from public funds, and who 06 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 under 09 42 U.S.C. 1381 - 1383c (Title XVI, Social Security Act), and who do not receive a 10 mandatory state supplement, but who are eligible, or would be eligible if they were not 11 in a skilled nursing facility or intermediate care facility to receive an optional state 12 supplementary payment; 13 (5) persons under age 21 who are in an institution designated as an 14 intermediate care facility for the mentally retarded and who are financially eligible as 15 determined by the standards of the federal aid to families with dependent children 16 program; 17 (6) persons in a medical or intermediate care facility whose income 18 while in the facility does not exceed 300 percent of the supplemental security income 19 benefit rate under 42 U.S.C. 1381 - 1383c (Title XVI, Social Security Act) but who 20 would not be eligible for an optional state supplementary payment if they left the 21 hospital or other facility; 22 (7) persons under age 21 who are receiving active treatment in a 23 psychiatric hospital and who are financially eligible as determined by the standards of 24 42 U.S.C. 601 - 615 (Title IV-A, Social Security Act, Aid to Families with Dependent 25 Children); 26 (8) persons under age 21 and not covered under (a) of this section, who 27 would be eligible for benefits under the federal aid to families with dependent children 28 program, except that they have the care and support of both their natural and adoptive 29 parents; 30 (9) pregnant women not covered under (a) of this section and who meet 31 the income and resource requirements of the federal aid to families with dependent
01 children program; 02 (10) pregnant women not covered under (a) of this section whose 03 household income does not exceed 185 percent of the federal poverty line as 04 defined by the federal office of management and budget and revised annually 05 under 42 U.S.C. 9902(2); 06 (11) persons under age 21 not covered under (a) of this section who the 07 department has determined cannot be placed for adoption without medical assistance 08 because of a special need for medical or rehabilitative care and who the department 09 has determined are hard-to-place children eligible for subsidy under AS 25.23.190 - 10 25.23.220; 11 (12) [(11)] persons who can be considered under 42 U.S.C. 1396a(e)(3) 12 (Title XIX, Social Security Act, Medical Assistance) to be individuals with respect to 13 whom a supplemental security income is being paid under 42 U.S.C. 1381 - 1383c 14 (Title XVI, Social Security Act) because they meet all of the following criteria: 15 (A) they are 18 years of age or younger and qualify as disabled 16 individuals under 42 U.S.C. 1382c(a) (Title XVI, Social Security Act); 17 (B) the department has determined that 18 (i) they require a level of care provided in a hospital, 19 nursing facility, or intermediate care facility for the mentally retarded; 20 (ii) it is appropriate to provide their care outside of an 21 institution; and 22 (iii) the estimated amount that would be spent for 23 medical assistance for their individual care outside an institution is not 24 greater than the estimated amount that would otherwise be expended 25 individually for medical assistance within an appropriate institution; 26 (C) if they were in a medical institution, they would be eligible 27 for medical assistance under other provisions of this chapter; and 28 (D) home and community-based services under a waiver 29 approved by the federal government are either not available to them under this 30 chapter or would be inappropriate for them. 31 * Sec. 2. AS 47.07.035 is amended to read:
01 Sec. 47.07.035. PRIORITY OF MEDICAL ASSISTANCE. If the department 02 finds that the cost of medical assistance for all persons eligible under this chapter will 03 exceed the amount allocated in the state budget for that assistance for the fiscal year, 04 the department shall eliminate coverage for optional medical services and optionally 05 eligible groups of individuals in the following order: 06 (1) midwife services; 07 (2) clinical social workers' services; 08 (3) psychologists' services; 09 (4) chiropractic services; 10 (5) advanced nurse practitioner services; 11 (6) adult dental services; 12 (7) emergency hospital services; 13 (8) treatment of speech, hearing, and language disorders; 14 (9) optometrists' services and eyeglasses; 15 (10) occupational therapy; 16 (11) mammography screening; 17 (12) prosthetic devices; 18 (13) medical supplies and equipment; 19 (14) targeted case management services; 20 (15) rehabilitative services for substance abusers and emotionally 21 disturbed or chronically mentally ill adults; 22 (16) clinic services; 23 (17) physical therapy; 24 (18) personal care services in a recipient's home; 25 (19) prescribed drugs; 26 (20) hospice care; 27 (21) long-term care noninstitutional services; 28 (22) inpatient psychiatric facility services; 29 (23) intermediate care facility services for the mentally retarded; 30 (24) intermediate care facility services; 31 (25) pregnant women not covered under AS 47.07.020(a) whose
01 household income does not exceed 185 percent of the federal poverty line as 02 defined by the federal office of management and budget and revised annually 03 under 42 U.S.C. 9902(2); 04 (26) individuals described in AS 47.07.020(b)(12) 05 [AS 47.07.020(b)(11)]; 06 (27) [(26)] individuals under age 21 who are not eligible for benefits 07 under the federal aid to families with dependent children program because they are not 08 deprived of one or more of their natural or adoptive parents; 09 (28) [(27)] skilled nursing facility services for persons under age 21; 10 (29) [(28)] aged, blind, and disabled individuals who, because they do 11 not meet the income requirements, do not receive supplemental security income under 12 Title XVI of the Social Security Act, but who are eligible, or would be eligible if they 13 were not in a skilled nursing facility or intermediate care facility, to receive an 14 optional state supplementary payment; 15 (30) [(29)] individuals in a hospital, skilled nursing facility, or 16 intermediate care facility whose income while in the facility does not exceed 300 17 percent of the supplemental security income benefit rate under Title XVI of the Social 18 Security Act, but who, because of income, are not eligible for the optional state 19 supplementary payment; 20 (31) [(30)] individuals under age 21 under supervision of the 21 department for whom maintenance is being paid in whole or in part from public money 22 and who are in foster homes or private child-care institutions; 23 (32) [(31)] individuals under age 21 who the department has determined 24 cannot be placed for adoption without medical assistance because of a special need for 25 medical or rehabilitative care and who the department has determined are hard-to-place 26 children eligible for subsidy under AS 25.23.190 - 25.23.220. 27 * Sec. 3. This Act takes effect July 1, 1995.