HB 148: "An Act relating to the senior care program; and providing for an effective date."
00 HOUSE BILL NO. 148 01 "An Act relating to the senior care program; and providing for an effective date." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 47.45.300(a) is amended to read: 04 (a) The senior care program is established in the Department of Health and 05 Social Services to provide cash assistance benefits [AND PRESCRIPTION DRUG 06 BENEFITS] as far as practicable under appropriations provided by law. 07 * Sec. 2. AS 47.45.300(c) is amended to read: 08 (c) If the department estimates that appropriations for the program are 09 insufficient to meet the demands of the program in a fiscal year, the department may 10 reduce or eliminate the cash assistance benefit [BENEFITS] available to recipients. 11 [BENEFITS SHALL BE REDUCED OR ELIMINATED IN THE FOLLOWING 12 ORDER: 13 (1) DEDUCTIBLE COVERAGE UNDER AS 47.45.320(c); 14 (2) PREMIUM COVERAGE UNDER AS 47.45.320(c); 15 (3) CASH ASSISTANCE UNDER AS 47.45.310(b).]
01 * Sec. 3. AS 47.45.310(a) is amended to read: 02 (a) To be eligible for a cash assistance benefit under the program, an 03 individual [SHALL] 04 (1) must be 65 years of age or older; 05 (2) must be a resident of the state; 06 (3) must have household income that does not exceed 135 percent of 07 the annual federal poverty guidelines for Alaska, as determined by the federal 08 Office of Management and Budget and revised under 42 U.S.C. 9902(2) 09 [(A) $16,133 A YEAR IF THE HOUSEHOLD CONSISTS OF 10 ONE PERSON; OR 11 (B) $21,641 A YEAR IF THE HOUSEHOLD CONSISTS OF 12 TWO PEOPLE]; 13 (4) may not be receiving a longevity bonus payment under 14 AS 45.45.010 - 47.45.150; 15 (5) must meet other eligibility requirements specified in this 16 subsection and in regulations adopted under this subsection; and 17 (6) must [(5)] apply on a form provided by the department; the 18 department may use an abbreviated form for an individual who received a payment 19 under an assistance program for seniors that paid $120 a month and was administered 20 by the department on or before the effective date of this section. 21 * Sec. 4. AS 47.45.330 is amended to read: 22 Sec. 47.45.330. Continuation of benefits. An eligible individual who leaves 23 the state may not receive a cash assistance benefit under AS 47.45.310 [OR 24 PRESCRIPTION DRUG BENEFIT UNDER AS 47.45.320] during the absence unless 25 the individual's absence is temporary and is for one of the following reasons: 26 (1) to receive medical treatment for the individual; 27 (2) to accompany the individual's family member who is receiving 28 medical treatment outside the state; or 29 (3) for a vacation, business trip, or other absence of less than 30 30 consecutive days, unless the individual has applied for and received a time extension 31 from the department for special circumstances.
01 * Sec. 5. AS 47.45.340 is amended to read: 02 Sec. 47.45.340. Appeal rights. An individual who receives a determination 03 from the department that denies, limits, or modifies a cash assistance benefit [OR 04 PRESCRIPTION DRUG BENEFIT] under AS 47.45.300 - 47.45.390, other than a 05 determination under AS 47.45.300(c) to reduce or eliminate benefits, may request a 06 hearing before the department under regulations adopted by the department. 07 * Sec. 6. AS 47.45.350 is amended to read: 08 Sec. 47.45.350. Ability to recover or recoup improper assistance benefits. 09 An individual is liable to the department for the value of assistance or benefits 10 improperly paid to the person under AS 47.45.310 [OR 47.45.320] if the improper 11 payment was based on inaccurate or incomplete information provided by the 12 individual. In a civil action brought by the state to recover from the individual the 13 value of assistance or benefits improperly paid under AS 47.45.310 [OR 47.45.320], 14 the state may recover from the individual the costs of investigation and prosecution of 15 the civil action, including attorney fees as determined under court rules. 16 * Sec. 7. AS 47.45.390(2) is amended to read: 17 (2) "eligible individual" means an individual who meets the 18 requirements of AS 47.45.310 [OR 47.45.320] and regulations adopted under that 19 statute [THOSE STATUTES] for eligibility for the program; 20 * Sec. 8. The uncodified law of the State of Alaska enacted in sec. 4, ch. 89, SLA 2005, is 21 amended to read: 22 Sec. 4. AS 09.38.015(a)(10); AS 37.05.146(c)(80) [AS 37.05.146(c)(78)]; 23 AS 47.45.300, 47.45.310, [47.45.320,] 47.45.330, 47.45.340, 47.45.350, 47.45.360, 24 and 47.45.390 [; AND SECS. 5 - 7 OF THIS ACT] are repealed [ON THE LATER 25 OF] June 30, 2012 [2007, OR THE EFFECTIVE DATE UNDER SEC. 11 OF THIS 26 ACT]. 27 * Sec. 9. The uncodified law of the State of Alaska enacted in sec. 9, ch. 89, SLA 2005, is 28 amended to read: 29 Sec. 9. The uncodified law of the State of Alaska is amended by adding a new 30 section to read: 31 FUND REVERSION. The unobligated, unencumbered, and unappropriated
01 balance of the Alaska senior care fund established in AS 47.45.360, added by sec. 2 of 02 this Act, reverts to the unreserved general fund on June 30, 2012 [2007]. 03 * Sec. 10. AS 47.45.320 is repealed. 04 * Sec. 11. Sections 8 and 9 of this Act take effect June 29, 2007. 05 * Sec. 12. Section 10 of this Act takes effect June 30, 2007. 06 * Sec. 13. Except as provided in secs. 11 and 12 of this Act, this Act takes effect July 1, 07 2007.