CSSB 4(FIN) am: "An Act extending the cash assistance benefit program for seniors under the senior care program and increasing the benefit amount; amending medical income eligibility provisions for persons under 19 years of age and for pregnant women; and providing for an effective date."
00 CS FOR SENATE BILL NO. 4(FIN) am 01 "An Act extending the cash assistance benefit program for seniors under the senior care 02 program and increasing the benefit amount; amending medical income eligibility 03 provisions for persons under 19 years of age and for pregnant women; and providing for 04 an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 47.07.020(b) is amended to read: 07 (b) In addition to the persons specified in (a) of this section, the following 08 optional groups of persons for whom the state may claim federal financial 09 participation are eligible for medical assistance: 10 (1) persons eligible for but not receiving assistance under any plan of 11 the state approved under 42 U.S.C. 1381 - 1383c (Title XVI, Social Security Act, 12 Supplemental Security Income) or a federal program designated as the successor to the 13 aid to families with dependent children program; 14 (2) persons in a general hospital, skilled nursing facility, or
01 intermediate care facility, who, if they left the facility, would be eligible for assistance 02 under one of the federal programs specified in (1) of this subsection; 03 (3) persons under 21 years of age who are under supervision of the 04 department, for whom maintenance is being paid in whole or in part from public 05 funds, and who are in foster homes or private child-care institutions; 06 (4) aged, blind, or disabled persons, who, because they do not meet 07 income and resources requirements, do not receive supplemental security income 08 under 42 U.S.C. 1381 - 1383c (Title XVI, Social Security Act), and who do not 09 receive a mandatory state supplement, but who are eligible, or would be eligible if 10 they were not in a skilled nursing facility or intermediate care facility to receive an 11 optional state supplementary payment; 12 (5) persons under 21 years of age who are in an institution designated 13 as an intermediate care facility for the mentally retarded and who are financially 14 eligible as determined by the standards of the federal program designated as the 15 successor to the aid to families with dependent children program; 16 (6) persons in a medical or intermediate care facility whose income 17 while in the facility does not exceed $1,656 a month but who would not be eligible for 18 an optional state supplementary payment if they left the hospital or other facility; 19 (7) persons under 21 years of age who are receiving active treatment in 20 a psychiatric hospital and who are financially eligible as determined by the standards 21 of the federal program designated as the successor to the aid to families with 22 dependent children program; 23 (8) persons under 21 years of age and not covered under (a) of this 24 section, who would be eligible for benefits under the federal program designated as 25 the successor to the aid to families with dependent children program, except that they 26 have the care and support of both their natural and adoptive parents; 27 (9) pregnant women not covered under (a) of this section and who 28 meet the income and resource requirements of the federal program designated as the 29 successor to the aid to families with dependent children program; 30 (10) persons under 21 years of age not covered under (a) of this section 31 who the department has determined cannot be placed for adoption without medical
01 assistance because of a special need for medical or rehabilitative care and who the 02 department has determined are hard-to-place children eligible for subsidy under 03 AS 25.23.190 - 25.23.210; 04 (11) persons who can be considered under 42 U.S.C. 1396a(e)(3) (Title 05 XIX, Social Security Act, Medical Assistance) to be individuals with respect to whom 06 a supplemental security income is being paid under 42 U.S.C. 1381 - 1383c (Title 07 XVI, Social Security Act) because they meet all of the following criteria: 08 (A) they are 18 years of age or younger and qualify as disabled 09 individuals under 42 U.S.C. 1382c(a) (Title XVI, Social Security Act); 10 (B) the department has determined that 11 (i) they require a level of care provided in a hospital, 12 nursing facility, or intermediate care facility for the mentally retarded; 13 (ii) it is appropriate to provide their care outside of an 14 institution; and 15 (iii) the estimated amount that would be spent for 16 medical assistance for their individual care outside an institution is not 17 greater than the estimated amount that would otherwise be expended 18 individually for medical assistance within an appropriate institution; 19 (C) if they were in a medical institution, they would be eligible 20 for medical assistance under other provisions of this chapter; and 21 (D) home and community-based services under a waiver 22 approved by the federal government are either not available to them under this 23 chapter or would be inappropriate for them; 24 (12) disabled persons, as described in 42 U.S.C. 25 1396a(a)(10)(A)(ii)(XIII), who are in families whose income, as determined under 26 applicable federal regulations or guidelines, is less than 250 percent of the official 27 poverty line applicable to a family of that size according to the federal office of 28 management and budget, and who, but for earnings in excess of the limit established 29 under 42 U.S.C. 1396d(q)(2)(B), would be considered to be individuals with respect to 30 whom a supplemental security income is being paid under 42 U.S.C. 1381 - 1383c; a 31 person eligible for assistance under this paragraph who is not eligible under another
01 provision of this section shall pay a premium or other cost-sharing charges according 02 to a sliding fee scale that is based on income as established by the department in 03 regulations; 04 (13) persons under 19 years of age who are not covered under (a) of 05 this section and whose household income does not exceed 175 percent of the federal 06 poverty line for Alaska set by the United States Department of Health and 07 Human Services and revised under 42 U.S.C. 9902(2) 08 [(A) $1,635 A MONTH IF THE HOUSEHOLD CONSISTS 09 OF ONE PERSON; 10 (B) $2,208 A MONTH IF THE HOUSEHOLD CONSISTS OF 11 TWO PERSONS; 12 (C) $2,782 A MONTH IF THE HOUSEHOLD CONSISTS OF 13 THREE PERSONS; 14 (D) $3,355 A MONTH IF THE HOUSEHOLD CONSISTS OF 15 FOUR PERSONS; 16 (E) $3,928 A MONTH IF THE HOUSEHOLD CONSISTS OF 17 FIVE PERSONS; 18 (F) $4,501 A MONTH IF THE HOUSEHOLD CONSISTS OF 19 SIX PERSONS; 20 (G) $5,074 A MONTH IF THE HOUSEHOLD CONSISTS OF 21 SEVEN PERSONS; 22 (H) $5,647 A MONTH IF THE HOUSEHOLD CONSISTS OF 23 EIGHT PERSONS; 24 (I) $5,647 A MONTH, PLUS AN ADDITIONAL $574 A 25 MONTH FOR EACH EXTRA PERSON ABOVE EIGHT PERSONS WHO 26 IS IN THE HOUSEHOLD IF THE HOUSEHOLD CONSISTS OF NINE 27 PERSONS OR MORE]; 28 (14) pregnant women who are not covered under (a) of this section and 29 whose household income does not exceed 175 percent of the federal poverty 30 guideline for Alaska set by the United States Department of Health and Human 31 Services
01 [(A) $2,208 A MONTH IF THE HOUSEHOLD CONSISTS 02 OF TWO PERSONS; 03 (B) $2,782 A MONTH IF THE HOUSEHOLD CONSISTS OF 04 THREE PERSONS; 05 (C) $3,355 A MONTH IF THE HOUSEHOLD CONSISTS OF 06 FOUR PERSONS; 07 (D) $3,928 A MONTH IF THE HOUSEHOLD CONSISTS OF 08 FIVE PERSONS; 09 (E) $4,501 A MONTH IF THE HOUSEHOLD CONSISTS OF 10 SIX PERSONS; 11 (F) $5,074 A MONTH IF THE HOUSEHOLD CONSISTS OF 12 SEVEN PERSONS; 13 (G) $5,647 A MONTH IF THE HOUSEHOLD CONSISTS OF 14 EIGHT PERSONS; 15 (H) $5,647 A MONTH, PLUS AN ADDITIONAL $574 A 16 MONTH FOR EACH EXTRA PERSON ABOVE EIGHT PERSONS WHO 17 IS IN THE HOUSEHOLD IF THE HOUSEHOLD CONSISTS OF NINE 18 PERSONS OR MORE]; 19 (15) persons who have been diagnosed with breast or cervical cancer 20 and who are eligible for coverage under 42 U.S.C. 1396a(a)(10)(A)(ii)(XVIII). 21 * Sec. 2. AS 47.45.300(a) is amended to read: 22 (a) The senior care program is established in the Department of Health and 23 Social Services to provide cash assistance benefits [AND PRESCRIPTION DRUG 24 BENEFITS] as far as practicable under appropriations provided by law. 25 * Sec. 3. AS 47.45.300(c) is amended to read: 26 (c) If the department estimates that appropriations for the program are 27 insufficient to meet the demands of the program in a fiscal year, the department may 28 reduce or eliminate the benefits available to recipients. [BENEFITS SHALL BE 29 REDUCED OR ELIMINATED IN THE FOLLOWING ORDER: 30 (1) DEDUCTIBLE COVERAGE UNDER AS 47.45.320(c); 31 (2) PREMIUM COVERAGE UNDER AS 47.45.320(c);
01 (3) CASH ASSISTANCE UNDER AS 47.45.310(b).] 02 * Sec. 4. AS 47.45.310 is repealed and reenacted to read: 03 Sec. 47.45.310. Cash assistance benefit. (a) An individual is eligible for a 04 cash assistance benefit under the program if the individual 05 (1) is 65 years of age or older; 06 (2) is a resident of the state; 07 (3) has a household income that does not exceed 150 percent of the 08 annual federal poverty guidelines for Alaska, as determined by the United States 09 Department of Health and Human Services and revised under 42 U.S.C. 9902(2); 10 (4) has not received a longevity bonus payment under AS 47.45.010 - 11 47.45.160 for the same period; and 12 (5) applies on a form provided by the department; the department may 13 use an abbreviated form for an individual who received a payment under an assistance 14 program for seniors that paid $120 a month and was administered by the department 15 on or before the effective date of this section. 16 (b) An eligible individual shall receive a monthly cash assistance payment as 17 follows: 18 (1) $175 if the individual's household income does not exceed 100 19 percent of the federal poverty guidelines for Alaska; 20 (2) $150 if the individual's household income does not exceed 135 21 percent but is above 100 percent of the federal poverty guidelines for Alaska; 22 (3) $100 if the individual's household income does not exceed 150 23 percent but is above 135 percent of the federal poverty guidelines for Alaska. 24 (c) Cash assistance provided under this section is subject to appropriation. 25 * Sec. 5. AS 47.45.330 is amended to read: 26 Sec. 47.45.330. Continuation of benefits. An eligible individual who leaves 27 the state may not receive a cash assistance benefit under AS 47.45.310 [OR 28 PRESCRIPTION DRUG BENEFIT UNDER AS 47.45.320] during the absence unless 29 the individual's absence is temporary and is for one of the following reasons: 30 (1) to receive medical treatment for the individual; 31 (2) to accompany the individual's family member who is receiving
01 medical treatment outside the state; or 02 (3) for a vacation, business trip, or other absence of less than 30 03 consecutive days, unless the individual has applied for and received a time extension 04 from the department for special circumstances. 05 * Sec. 6. AS 47.45.340 is amended to read: 06 Sec. 47.45.340. Appeal rights. An individual who receives a determination 07 from the department that denies, limits, or modifies a cash assistance benefit [OR 08 PRESCRIPTION DRUG BENEFIT] under AS 47.45.300 - 47.45.390, other than a 09 determination under AS 47.45.300(c) to reduce or eliminate benefits, may request a 10 hearing before the department under regulations adopted by the department. 11 * Sec. 7. AS 47.45.350 is amended to read: 12 Sec. 47.45.350. Ability to recover or recoup improper assistance benefits. 13 An individual is liable to the department for the value of assistance or benefits 14 improperly paid to the person under AS 47.45.310 or former AS 47.45.320 15 [47.45.320] if the improper payment was based on inaccurate or incomplete 16 information provided by the individual. In a civil action brought by the state to recover 17 from the individual the value of assistance or benefits improperly paid under 18 AS 47.45.310 or former AS 47.45.320 [47.45.320], the state may recover from the 19 individual the costs of investigation and prosecution of the civil action, including 20 attorney fees as determined under court rules. 21 * Sec. 8. AS 47.45.390(2) is amended to read: 22 (2) "eligible individual" means an individual who meets the 23 requirements of AS 47.45.310 [OR 47.45.320] and regulations adopted under that 24 statute [THOSE STATUTES] for eligibility for the program; 25 * Sec. 9. Section 4, ch. 89, SLA 2005, is repealed and reenacted to read: 26 Sec. 4. AS 47.45.320 is repealed on June 30, 2007. 27 * Sec. 10. AS 09.38.015(a)(10); AS 37.05.146(c)(80); AS 47.45.300, 47.45.310, 47.45.330, 28 47.45.340, 47.45.350, 47.45.360, and 47.45.390 are repealed June 30, 2011. 29 * Sec. 11. Section 9, ch. 89, SLA 2005, is repealed. 30 * Sec. 12. The uncodified law of the State of Alaska is amended by adding a new section to 31 read:
01 RETROACTIVITY AND REVIVAL. If secs. 2 - 11 of this Act take effect after 02 June 30, 2007, 03 (1) AS 47.45.300 - 47.45.390, as amended by this Act, and secs. 9 and 11 of 04 this Act, are retroactive to June 30, 2007; and 05 (2) AS 47.45.300, 47.45.310, 47.45.330, 47.45.340, 47.45.350, 47.45.360, and 06 47.45.390, as amended by this Act, are revived. 07 * Sec. 13. Section 12 of this Act takes effect immediately under AS 01.10.070(c). 08 * Sec. 14. Except as provided in sec. 13 of this Act, this Act takes effect June 30, 2007.