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HB 231: "An Act relating to eligibility requirements for medical assistance for certain children, pregnant women, and disabled persons; and providing for an effective date."

00                             HOUSE BILL NO. 231                                                                          
01 "An Act relating to eligibility requirements for medical assistance for certain children,                               
02 pregnant women, and disabled persons; and providing for an effective date."                                             
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1. AS 47.07.020(b) is amended to read:                                                                   
05            (b)  In addition to the persons specified in (a) of this section, the following                              
06       optional groups of persons for whom the state may claim federal financial                                         
07       participation are eligible for medical assistance:                                                                
08                 (1)  persons eligible for but not receiving assistance under any plan of                                
09       the state approved under 42 U.S.C. 1381 - 1383c (Title XVI, Social Security Act,                                  
10       Supplemental Security Income) or a federal program designated as the successor to the                             
11       aid to families with dependent children program;                                                                  
12                 (2)  persons in a general hospital, skilled nursing facility, or                                        
13       intermediate care facility, who, if they left the facility, would be eligible for assistance                      
14       under one of the federal programs specified in (1) of this subsection;                                            
01                 (3)  persons under 21 years of age who are under supervision of the                                     
02       department, for whom maintenance is being paid in whole or in part from public                                    
03       funds, and who are in foster homes or private child-care institutions;                                            
04                 (4)  aged, blind, or disabled persons, who, because they do not meet                                    
05       income and resources requirements, do not receive supplemental security income                                    
06       under 42 U.S.C. 1381 - 1383c (Title XVI, Social Security Act), and who do not                                     
07       receive a mandatory state supplement, but who are eligible, or would be eligible if                               
08       they were not in a skilled nursing facility or intermediate care facility to receive an                           
09       optional state supplementary payment;                                                                             
10                 (5)  persons under 21 years of age who are in an institution designated                                 
11       as an intermediate care facility for the mentally retarded and who are financially                                
12       eligible as determined by the standards of the federal program designated as the                                  
13       successor to the aid to families with dependent children program;                                                 
14                 (6)  persons in a medical or intermediate care facility whose income                                    
15       while in the facility does not exceed $1,656 a month but who would not be eligible for                            
16       an optional state supplementary payment if they left the hospital or other facility;                              
17                 (7)  persons under 21 years of age who are receiving active treatment in                                
18       a psychiatric hospital and who are financially eligible as determined by the standards                            
19       of the federal program designated as the successor to the aid to families with                                    
20       dependent children program;                                                                                       
21                 (8)  persons under 21 years of age and not covered under (a) of this                                    
22       section, who would be eligible for benefits under the federal program designated as                               
23       the successor to the aid to families with dependent children program, except that they                            
24       have the care and support of both their natural and adoptive parents;                                             
25                 (9)  pregnant women not covered under (a) of this section and who                                       
26       meet the income and resource requirements of the federal program designated as the                                
27       successor to the aid to families with dependent children program;                                                 
28                 (10)  persons under 21 years of age not covered under (a) of this section                               
29       who the department has determined cannot be placed for adoption without medical                                   
30       assistance because of a special need for medical or rehabilitative care and who the                               
31       department has determined are hard-to-place children eligible for subsidy under                                   
01       AS 25.23.190 - 25.23.210;                                                                                         
02                 (11)  persons who can be considered under 42 U.S.C. 1396a(e)(3) (Title                                  
03       XIX, Social Security Act, Medical Assistance) to be individuals with respect to whom                              
04       a supplemental security income is being paid under 42 U.S.C. 1381 - 1383c (Title                                  
05       XVI, Social Security Act) because they meet all of the following criteria:                                        
06                      (A)  they are 18 years of age or younger and qualify as disabled                                   
07            individuals under 42 U.S.C. 1382c(a) (Title XVI, Social Security Act);                                       
08                      (B)  the department has determined that                                                            
09                           (i)  they require a level of care provided in a hospital,                                     
10                 nursing facility, or intermediate care facility for the mentally retarded;                              
11                           (ii)  it is appropriate to provide their care outside of an                                   
12                 institution; and                                                                                        
13                           (iii)  the estimated amount that would be spent for                                           
14                 medical assistance for their individual care outside an institution is not                              
15                 greater than the estimated amount that would otherwise be expended                                      
16                 individually for medical assistance within an appropriate institution;                                  
17                      (C)  if they were in a medical institution, they would be eligible                                 
18            for medical assistance under other provisions of this chapter; and                                           
19                      (D)  home and community-based services under a waiver                                              
20            approved by the federal government are either not available to them under this                               
21            chapter or would be inappropriate for them;                                                                  
22                 (12)  disabled persons, as described in 42 U.S.C.                                                       
23       1396a(a)(10)(A)(ii)(XIII), who are in families whose income, as determined under                                  
24       applicable federal regulations or guidelines, is less than 250 percent of the official                            
25       poverty line for Alaska applicable to a family of that size according to the United                       
26       States Department of Health and Human Services [FEDERAL OFFICE OF                                             
27       MANAGEMENT AND BUDGET], and who, but for earnings in excess of the limit                                          
28       established under 42 U.S.C. 1396d(q)(2)(B), would be considered to be individuals                                 
29       with respect to whom a supplemental security income is being paid under 42 U.S.C.                                 
30       1381 - 1383c; a person eligible for assistance under this paragraph who is not eligible                           
31       under another provision of this section shall pay a premium or other cost-sharing                                 
01       charges according to a sliding fee scale that is based on income as established by the                            
02       department in regulations;                                                                                        
03                 (13)  persons under 19 years of age who are not covered under (a) of                                    
04       this section and whose household income does not exceed 200 percent of the federal                            
05       poverty line for Alaska set by the United States Department of Health and                                     
06       Human Services and revised under 42 U.S.C. 9902(2)                                                            
07                      [(A)  $1,635 A MONTH IF THE HOUSEHOLD CONSISTS                                                     
08            OF ONE PERSON;                                                                                               
09                      (B)  $2,208 A MONTH IF THE HOUSEHOLD CONSISTS OF                                                   
10            TWO PERSONS;                                                                                                 
11                      (C)  $2,782 A MONTH IF THE HOUSEHOLD CONSISTS OF                                                   
12            THREE PERSONS;                                                                                               
13                      (D)  $3,355 A MONTH IF THE HOUSEHOLD CONSISTS OF                                                   
14            FOUR PERSONS;                                                                                                
15                      (E)  $3,928 A MONTH IF THE HOUSEHOLD CONSISTS OF                                                   
16            FIVE PERSONS;                                                                                                
17                      (F)  $4,501 A MONTH IF THE HOUSEHOLD CONSISTS OF                                                   
18            SIX PERSONS;                                                                                                 
19                      (G)  $5,074 A MONTH IF THE HOUSEHOLD CONSISTS OF                                                   
20            SEVEN PERSONS;                                                                                               
21                      (H)  $5,647 A MONTH IF THE HOUSEHOLD CONSISTS OF                                                   
22            EIGHT PERSONS;                                                                                               
23                      (I)  $5,647 A MONTH, PLUS AN ADDITIONAL $574 A                                                     
24            MONTH FOR EACH EXTRA PERSON ABOVE EIGHT PERSONS WHO                                                          
25            IS IN THE HOUSEHOLD IF THE HOUSEHOLD CONSISTS OF NINE                                                        
26            PERSONS OR MORE];                                                                                            
27                 (14)  pregnant women who are not covered under (a) of this section and                                  
28       whose household income does not exceed 200 percent of the federal poverty line for                            
29       Alaska set by the United States Department of Health and Human Services and                                   
30       revised under 42 U.S.C. 9902(2)                                                                               
31            [(a)  $2,208 A MONTH IF THE HOUSEHOLD CONSISTS OF TWO                                                        
01       PERSONS;                                                                                                          
02            (b)  $2,782 A MONTH IF THE HOUSEHOLD CONSISTS OF THREE                                                       
03       PERSONS;                                                                                                          
04            (c)  $3,355 A MONTH IF THE HOUSEHOLD CONSISTS OF FOUR                                                        
05       PERSONS;                                                                                                          
06            (d)  $3,928 A MONTH IF THE HOUSEHOLD CONSISTS OF FIVE                                                        
07       PERSONS;                                                                                                          
08            (e)  $4,501 A MONTH IF THE HOUSEHOLD CONSISTS OF SIX                                                         
09       PERSONS;                                                                                                          
10            (f)  $5,074 A MONTH IF THE HOUSEHOLD CONSISTS OF SEVEN                                                       
11       PERSONS;                                                                                                          
12            (g)  $5,647 A MONTH IF THE HOUSEHOLD CONSISTS OF EIGHT                                                       
13       PERSONS;                                                                                                          
14            (h)  $5,647 A MONTH, PLUS AN ADDITIONAL $574 A MONTH FOR                                                     
15       EACH EXTRA PERSON ABOVE EIGHT PERSONS WHO IS IN THE                                                               
16       HOUSEHOLD IF THE HOUSEHOLD CONSISTS OF NINE PERSONS OR                                                            
17       MORE];                                                                                                            
18                 (15)  persons who have been diagnosed with breast or cervical cancer                                    
19       and who are eligible for coverage under 42 U.S.C. 1396a(a)(10)(A)(ii)(XVIII).                                     
20    * Sec. 2. This Act takes effect immediately under AS 01.10.070(c).