Enrolled SB 243: Relating to the duties and powers of the Alaska Commission on Aging and the Department of Health and Social Services.
00Enrolled SB 243 01 Relating to the duties and powers of the Alaska Commission on Aging and the Department of 02 Health and Social Services. 03 _______________ 04 * Section 1. AS 47.05.010 is amended to read: 05 Sec. 47.05.010. Duties of department. The Department of Health and Social 06 Services shall 07 (1) administer adult public assistance, the Alaska temporary assistance 08 program, and all other assistance programs, and receive and spend money made 09 available to it; 10 (2) adopt regulations necessary for the conduct of its business and for 11 carrying out federal and state laws granting adult public assistance, temporary cash 12 assistance, diversion payments, or self-sufficiency services for needy families under 13 the Alaska temporary assistance program, and other assistance; 14 (3) establish minimum standards for personnel employed by the
01 department and adopt necessary regulations to maintain those standards; 02 (4) require those bonds and undertakings from persons employed by it 03 that, [WHICH] in its judgment, are necessary, and pay the premiums on them; 04 (5) cooperate with the federal government in matters of mutual 05 concern pertaining to adult public assistance, the Alaska temporary assistance 06 program, and other forms of public assistance; 07 (6) make the reports, in the form and containing the information, that 08 the federal government from time to time requires; 09 (7) cooperate with the federal government, its agencies, or 10 instrumentalities in establishing, extending, and strengthening services for the 11 protection and care of homeless, dependent, and neglected children in danger of 12 becoming delinquent, and receive and expend funds available to the department by the 13 federal government, the state, or its political subdivisions for that purpose; 14 (8) cooperate with the federal government in adopting state plans to 15 make the state eligible for federal matching in appropriate categories of assistance, and 16 in all matters of mutual concern, including adoption of the methods of administration 17 that are found by the federal government to be necessary for the efficient operation of 18 welfare programs; 19 (9) adopt regulations, not inconsistent with law, defining need, 20 prescribing the conditions of eligibility for assistance, and establishing standards for 21 determining the amount of assistance that an eligible person is entitled to receive; the 22 amount of the assistance is sufficient when, added to all other income and resources 23 available to an individual, it provides the individual with a reasonable subsistence 24 compatible with health and well-being; an individual who meets the requirements for 25 eligibility for assistance shall be granted the assistance promptly upon application for 26 it; 27 (10) grant to a person claiming or receiving assistance and who is 28 aggrieved because of the department's action or failure to act, reasonable notice and an 29 opportunity for a fair hearing by the department, and the department shall adopt 30 regulations relative to this; 31 (11) enter into reciprocal agreements with other states relative to
01 public assistance, welfare services, and institutional care that are considered advisable; 02 (12) establish the requirements of residence for public assistance, 03 welfare services, and institutional care that are considered advisable, subject to the 04 limitations of other laws of the state, or law or regulation imposed as conditions for 05 federal financial participation; 06 (13) establish the divisions and local offices that are considered 07 necessary or expedient to carry out a duty or authority assigned to it and appoint and 08 employ the assistants and personnel that are necessary to carry on the work of the 09 divisions and offices, and fix the compensation of the assistants or employees, except 10 that a person engaged in business as a retail vendor of general merchandise, or a 11 member of the immediate family of a person who is so engaged, may not serve as an 12 acting, temporary, or permanent local agent of the department, unless the 13 commissioner of health and social services certifies in writing to the governor, with 14 relation to a particular community, that no other qualified person is available in the 15 community to serve as local welfare agent; for the purposes of this paragraph, a 16 "member of the immediate family" includes a spouse, child, parent, brother, sister, 17 parent-in-law, brother-in-law, or sister-in-law; 18 (14) provide education and health-related services and referrals 19 designed to reduce the number of out-of-wedlock pregnancies and the number of 20 induced pregnancy terminations in the state; 21 (15) investigate reports of abuse, neglect, or misappropriation of 22 property by certified nurse aides in facilities licensed by the department under 23 AS 47.32; 24 (16) establish state policy relating to and administer federal 25 programs subject to state control as provided under 42 U.S.C. 3001 - 3058ee 26 (Older Americans Act of 1965), as amended, and related federal regulations; 27 (17) administer the older Alaskans service grants under 28 AS 47.65.010 - 47.65.050 and the adult day care and family respite care grants 29 under AS 47.65.100. 30 * Sec. 2. AS 47.30.036 is amended to read: 31 Sec. 47.30.036. Duties of the board. The board shall
01 (1) preserve and protect the trust corpus under AS 37.14.009; 02 (2) coordinate with other state agencies involved with programs 03 affecting persons in need of mental health services; 04 (3) review and consider the recommendations submitted under 05 AS 44.29.140(2), AS 47.30.666(6), AS 47.45.240(a)(8) [AS 47.45.240(a)(10)], and 06 AS 47.80.090(13); 07 (4) adopt bylaws governing its meetings, selection of officers, 08 proceedings, and other aspects of board procedure; 09 (5) make an annual written report of its activities to the governor and 10 the public and notify the legislature that the report is available; and 11 (6) fulfill its obligations under AS 47.30.046. 12 * Sec. 3. AS 47.45.230 is amended to read: 13 Sec. 47.45.230. Executive director. The executive director of the commission 14 shall 15 [(1)] formulate and submit to the department a comprehensive 16 statewide plan that identifies the concerns and needs of older Alaskans and present 17 that plan to the commission [; 18 (2) ADMINISTER, WITH THE APPROVAL OF THE 19 COMMISSIONER OF HEALTH AND SOCIAL SERVICES, FEDERAL 20 PROGRAMS SUBJECT TO STATE CONTROL AS PROVIDED UNDER 42 U.S.C. 21 3001 - 3058ee (OLDER AMERICANS ACT), AS AMENDED; AND 22 (3) ADMINISTER, WITH THE APPROVAL OF THE 23 COMMISSIONER OF HEALTH AND SOCIAL SERVICES, STATE PROGRAMS 24 AS PROVIDED UNDER AS 47.65]. 25 * Sec. 4. AS 47.45.240(a) is amended to read: 26 (a) The commission shall 27 (1) subject to review by the department, approve a comprehensive 28 statewide plan that identifies and addresses the concerns and needs of older Alaskans 29 and, with reference to the approved plan, prepare and submit to the governor and 30 legislature an annual analysis and evaluation of the services that are provided to older 31 Alaskans;
01 (2) make recommendations directly to the governor and the legislature 02 with respect to legislation, regulations, and appropriations for programs or services 03 that benefit older Alaskans; 04 (3) encourage the development of municipal commissions serving 05 older Alaskans and community-oriented programs and services for the benefit of older 06 Alaskans; 07 (4) employ an executive director who serves at the pleasure of the 08 commission; 09 (5) help older Alaskans lead dignified, independent, and useful lives; 10 (6) request and receive reports and audits from state agencies and local 11 institutions concerned with the conditions and needs of older Alaskans; 12 (7) [WITH THE APPROVAL OF THE COMMISSIONER OF 13 HEALTH AND SOCIAL SERVICES, SET POLICY FOR THE ADMINISTRATION 14 OF FEDERAL PROGRAMS SUBJECT TO STATE CONTROL AS PROVIDED 15 UNDER 42 U.S.C. 3001 - 3058ee (OLDER AMERICANS ACT), AS AMENDED; 16 (8) WITH THE APPROVAL OF THE COMMISSIONER OF 17 HEALTH AND SOCIAL SERVICES, SET POLICY FOR THE ADMINISTRATION 18 OF STATE PROGRAMS AS PROVIDED UNDER AS 47.65; 19 (9)] give assistance, on request, to the senior housing office in the 20 Alaska Housing Finance Corporation in administration of the senior housing loan 21 program under AS 18.56.710 - 18.56.799 and in the performance of the office's other 22 duties under AS 18.56.700; and 23 (8) [(10)] provide to the Alaska Mental Health Trust Authority, for its 24 review and consideration, recommendations concerning the integrated comprehensive 25 mental health program for persons who are described in (d) of this section and the use 26 of the money in the mental health trust settlement income account in a manner 27 consistent with regulations adopted under AS 47.30.031. 28 * Sec. 5. AS 47.45.240(b) is amended to read: 29 (b) To accomplish its duties, the commission may 30 (1) review, evaluate, and comment upon state programs concerned 31 with the problems and the needs of older Alaskans;
01 (2) collect facts and statistics, and make studies of conditions and 02 problems pertaining to the employment, health, housing, financial security, social 03 welfare, and other concerns that bear upon the well-being of older Alaskans; 04 (3) provide information about public programs that would be of 05 interest or benefit to older Alaskans; 06 (4) appoint special committees, which may include persons who are 07 not members of the commission, to complete necessary studies; 08 (5) promote community education efforts regarding the problems and 09 concerns of older Alaskans; 10 (6) contract for necessary services; 11 (7) consult and cooperate with persons, organizations, and groups 12 interested in or concerned with programs of assistance to older Alaskans; 13 (8) advocate improved programs of benefit to older Alaskans; and 14 (9) recommend [SET] standards for levels of services for older 15 Alaskans for programs administered by the department [COMMISSION; AND 16 (10) ADOPT REGULATIONS NECESSARY FOR THE 17 ADMINISTRATION OF AS 47.45.200 - 47.45.290 AND TO COMPLY WITH 18 FEDERAL LAW]. 19 * Sec. 6. AS 47.45.290 is amended by adding a new paragraph to read: 20 (3) "department" means the Department of Health and Social Services. 21 * Sec. 7. AS 47.55.020(d) is amended to read: 22 (d) Notwithstanding AS 47.55.070 and (b) of this section, a resident of a home 23 whose income, assets, and other resources are insufficient to pay the monthly rate set 24 under AS 47.55.030(b), and who does not have private insurance to cover the cost of 25 care, qualifies for payment assistance if the resident is otherwise in compliance with 26 requirements under this chapter. The amount of payment assistance equals the amount 27 needed, when added to other income and assets of the resident, to pay the monthly rate 28 set under AS 47.55.030(b). Payment assistance received by a home resident is a debt 29 to the state. In determining the amount of payment assistance for which a home 30 resident qualifies, the following income, assets, and other resources of the resident 31 shall be disregarded:
01 (1) income from any source in an amount up to $100 a month as 02 established by the department by regulation; 03 (2) the following assets received under 43 U.S.C. 1601 et seq. (Alaska 04 Native Claims Settlement Act): 05 (A) cash dividends and other income equal to at least $2,000 as 06 established by the department by regulation; 07 (B) stock; 08 (C) noncash dividends from stock; and 09 (D) land; 10 (3) a permanent fund dividend issued under AS 43.23; 11 (4) compensation to volunteers under the federal retired and senior 12 volunteers (42 U.S.C. 5001), foster grandparents (42 U.S.C. 5011), and senior 13 companion (42 U.S.C. 5013) programs made in accordance with 42 U.S.C. 5044(f); 14 (5) federal World War II restitution payments made under 50 U.S.C. 15 App. 1989b-4 and c-5; 16 (6) payments under AS 18.67 (Violent Crimes Compensation Board); 17 (7) an amount, determined by the department by regulation, that is 18 sufficient for burial expenses of the resident, the resident's spouse, and dependents of 19 the resident; 20 (8) real property being used as the primary residence of the resident's 21 spouse or a dependent of the resident; 22 (9) other real or personal property equal to at least a total value of up 23 to $10,000 as established by the department by regulation; 24 (10) federal payments that are excluded by law from income for 25 federal assistance purposes. 26 * Sec. 8. AS 47.65.010 is amended to read: 27 Sec. 47.65.010. Older Alaskans service programs. An amount to carry out 28 the provisions of AS 47.65.010 - 47.65.050 may be appropriated annually by the 29 legislature. The amount appropriated shall be fully distributed by the department 30 [ALASKA COMMISSION ON AGING] to sponsors of older Alaskans service 31 programs in accordance with the provisions of AS 47.65.010 - 47.65.050.
01 * Sec. 9. AS 47.65.020 is amended to read: 02 Sec. 47.65.020. Grants for community service programs. Not less than 60 03 percent of the amount appropriated by the legislature for older Alaskans service 04 programs under AS 47.65.010 - 47.65.050 shall be allocated annually by the 05 department [COMMISSION] as community program grants to sponsors of older 06 Alaskans service programs. Payments shall be made on the basis of applications 07 submitted to the department [COMMISSION] by sponsors of community programs. 08 * Sec. 10. AS 47.65.030 is amended to read: 09 Sec. 47.65.030. Pilot project grants. (a) The balance of the amount 10 appropriated for older Alaskans service programs under AS 47.65.010 - 47.65.050 not 11 allocated under AS 47.65.020 shall be allocated annually by the department 12 [COMMISSION] as grants to support pilot projects for the benefit of older Alaskans 13 under this section. 14 (b) The department [COMMISSION] shall adopt standards for pilot project 15 grants and, after adoption of the standards as regulations, in accordance with AS 44.62 16 (Administrative Procedure Act), shall apply the standards to determine eligibility of 17 applicants for pilot project grants. In awarding pilot project grants, the department 18 [COMMISSION] shall 19 (1) enter into agreements with the project sponsor to operate one or 20 more of the selected pilot projects consistent with the standards adopted; 21 (2) monitor and evaluate, in a written report, each pilot project; the 22 report must include 23 (A) a description of the project and of the persons served by it; 24 (B) the problems presented by the persons served by the 25 project; 26 (C) a description of the problems most effectively handled by 27 the project; and 28 (D) an estimate of projected cost of operation of the project for 29 the next three succeeding years. 30 * Sec. 11. AS 47.65.040(a) is amended to read: 31 (a) Except as provided in (f) of this section, a sponsor receiving a grant under
01 AS 47.65.010 - 47.65.050 shall contribute to the total cost of the program or project. 02 The contribution may be in cash or in-kind services. The amount of the sponsor's 03 required contribution is determined by the application of the following formula: 04 average per capita full and true value of all property in the municipality or community 05 in which the project or program takes place divided by the average per capita full and 06 true value of all property in the state, and then multiplied by the contribution 07 percentage to the estimated total program or project cost as determined by the 08 department [COMMISSION] at the time of approval of a grant application. However, 09 the amount of the sponsor's contribution may not amount to more than 10 percent of 10 the total program or project cost. 11 * Sec. 12. AS 47.65.040(c) is amended to read: 12 (c) If an application is submitted for a program or project in a municipality or 13 community for which no average per capita full and true property value determination 14 has been made, 15 (1) if the population of the municipality or community is 750 or more, 16 the department [COMMISSION] shall request the state assessor to compute the 17 average per capita full and true property value of that municipality or community and 18 report it; 19 (2) if the population is less than 750, the department 20 [COMMISSION] may substitute for the average per capita full and true value of 21 property in the municipality or community an amount equal to the average per capita 22 full and true value of property in the smallest municipality for which that amount has 23 been determined by the state assessor. 24 * Sec. 13. AS 47.65.040(e) is amended to read: 25 (e) The grant awarded by the department [COMMISSION] may not exceed 26 the estimated total program or project cost as determined by the department 27 [COMMISSION] less the contribution by the sponsor determined in accordance with 28 this section. 29 * Sec. 14. AS 47.65.040(f) is amended to read: 30 (f) When awarding a grant to support a pilot project under AS 47.65.010 - 31 47.65.050, the department [COMMISSION] may waive all or part of the sponsor
01 contribution required under this section if waiver is in the public interest. The 02 department [COMMISSION] shall adopt regulations establishing standards for 03 granting waivers under this subsection. 04 * Sec. 15. AS 47.65.050 is amended to read: 05 Sec. 47.65.050. Administrative requirements. (a) Payments received by a 06 sponsor under AS 47.65.010 - 47.65.050 may be used only to meet costs of services 07 that [WHICH] the department [COMMISSION] has determined directly benefit 08 older Alaskans. A payment may not be made by the department [COMMISSION] 09 under this section unless the department [COMMISSION] determines that the 10 sponsor 11 (1) meets accepted standards of fiscal accountability for public funds; 12 (2) can demonstrate, when requested, the actual cost of services that it 13 is providing for the benefit of older Alaskans; and 14 (3) agrees to make available, upon request, all fiscal information 15 relating to service for which payments are provided under AS 47.65.010 - 47.65.050. 16 (b) The department [COMMISSION] may not make payments to a sponsor 17 whose program includes family respite care services or home care services unless the 18 sponsor has agreed to request criminal history record information as permitted by P.L. 19 105-277 and AS 12.62 for the individual who will provide the services within 10 20 business days after the individual is hired to provide the services and review the 21 information within five business days after receiving it. 22 * Sec. 16. AS 47.65.100(a) is amended to read: 23 (a) In addition to administering grants for adult day care programs and family 24 respite care services for older Alaskans under AS 47.65.010 - 47.65.050, the 25 department [COMMISSION] may make grants under this section from funds 26 otherwise available to it for adult day care programs and family respite care services 27 for frail older persons and other similarly disabled adults. 28 * Sec. 17. AS 47.65.100(b) is amended to read: 29 (b) In order to fund grants under this section, the department 30 [COMMISSION AND THE DEPARTMENT OF HEALTH AND SOCIAL 31 SERVICES] may seek and enter into contracts or grants with any party, including
01 reimbursable service agreements with other state agencies. 02 * Sec. 18. AS 47.65.100(c) is amended to read: 03 (c) The department [COMMISSION] shall, by regulation, set fees for 04 services provided under this section. The fees must be based on a sliding scale formula 05 that takes into account the client's income. 06 * Sec. 19. AS 47.65.100(e) is amended to read: 07 (e) The department [COMMISSION] may not award a grant under this 08 section for family respite care services or for adult day care services that include home 09 care services unless the grantee has agreed to request criminal history record 10 information as permitted by P.L. 105-277 and AS 12.62 for the individual who will 11 provide the services within 10 business days after the individual is hired to provide the 12 services and review the information within five business days after receiving it. 13 * Sec. 20. AS 47.65.290(3) is repealed and reenacted to read: 14 (3) "department" means the Department of Health and Social Services;