txt

Enrolled HB 16: Extending the senior benefits payment program; and relating to income allowances for medical assistance recipients and Alaska Pioneers' Homes and Alaska Veterans' Homes residents.

00 Enrolled HB 16                                                                                                          
01 Extending the senior benefits payment program; and relating to income allowances for                                    
02 medical assistance recipients and Alaska Pioneers' Homes and Alaska Veterans' Homes                                     
03 residents.                                                                                                              
04                           _______________                                                                               
05    * Section 1. AS 47.45 is amended by adding a new section to read:                                                  
06                    Article 4. Long-term Care Allowance.                                                             
07            Sec. 47.45.400. Long-term care allowance. (a) The department shall exclude                                 
08       a personal needs allowance of $200 a month from the income calculation made for the                               
09       reimbursed cost of long-term care facility services, including swing-bed facility                                 
10       services, paid by the department for a person who is a recipient of medical assistance                            
11       benefits under AS 47.07.020.                                                                                      
12            (b)  The department shall pay a personal needs allowance of $200 a month to a                                
13       resident of a long-term care facility in the state who is without income or resources.                            
14            (c)  In this section, "long-term care facility" means an establishment, other than                           
01       an Alaska Pioneers' Home or an Alaska Veterans' Home, that is                                                     
02                 (1)  licensed by the department under AS 47.32 as a skilled nursing                                     
03       facility or intermediate care facility; or                                                                        
04                 (2)  owned or operated as a skilled nursing facility or intermediate care                               
05       facility by the United States, an Indian tribe, or a tribal organization and exempt from                          
06       state licensure under applicable law.                                                                             
07    * Sec. 2. AS 47.55.020(b) is amended to read:                                                                      
08            (b)  Every person admitted to a home who receives income from any source in                                  
09       excess of $200 [$100] a month shall be required by the department to pay the excess                           
10       to the department immediately upon receipt of the money in payment, or part payment,                              
11       of the cost of the person's care. However, the department may not require in any                                  
12       month the payment of an amount greater than the monthly rate set under                                            
13       AS 47.55.030(b) except to satisfy indebtedness incurred under AS 47.55.070. The                                   
14       department may not evict a person from a home if the income and assets of the person                              
15       are insufficient to pay the monthly rate set under AS 47.55.030(b) and the person is                              
16       otherwise in compliance with requirements under this chapter.                                                     
17    * Sec. 3. AS 47.55.020(c) is amended to read:                                                                      
18            (c)  At the end of each month, the payments made under (b) of this section                                   
19       shall be transmitted to the commissioner of revenue. The department shall [MAY] pay                           
20       the sum of $200 [$100] a month to a resident who is without income or resources                       
21       [MONEY].                                                                                                          
22    * Sec. 4. AS 47.55.020(d) is amended to read:                                                                      
23            (d)  Notwithstanding AS 47.55.070 and (b) of this section, a resident of a home                              
24       whose income, assets, and other resources are insufficient to pay the monthly rate set                            
25       under AS 47.55.030(b), and who does not have private insurance to cover the cost of                               
26       care, qualifies for payment assistance if the resident is otherwise in compliance with                            
27       requirements under this chapter. The amount of payment assistance equals the amount                               
28       needed, when added to other income and assets of the resident, to pay the monthly rate                            
29       set under AS 47.55.030(b). Payment assistance received by a home resident is a debt                               
30       to the state. In determining the amount of payment assistance for which a home                                    
31       resident qualifies, the following income, assets, and other resources of the resident                             
01       shall be disregarded:                                                                                             
02                 (1)  income from any source in an amount up to $200 [$100] a month                                  
03       as established by the department by regulation;                                                                   
04                 (2)  the following assets received under 43 U.S.C. 1601 et seq. (Alaska                                 
05       Native Claims Settlement Act):                                                                                    
06                      (A)  cash dividends and other income equal to at least $2,000 as                                   
07            established by the department by regulation;                                                                 
08                      (B)  stock;                                                                                        
09                      (C)  noncash dividends from stock; and                                                             
10                      (D)  land;                                                                                         
11                 (3)  a permanent fund dividend issued under AS 43.23;                                                   
12                 (4)  compensation to volunteers under the federal retired and senior                                    
13       volunteers (42 U.S.C. 5001), foster grandparents (42 U.S.C. 5011), and senior                                     
14       companion (42 U.S.C. 5013) programs made in accordance with 42 U.S.C. 5044(f);                                    
15                 (5)  federal World War II restitution payments made under 50 U.S.C.                                     
16       App. 1989b-4 and c-5;                                                                                             
17                 (6)  payments under AS 18.67 (Violent Crimes Compensation Board);                                       
18                 (7)  an amount, determined by the department by regulation, that is                                     
19       sufficient for burial expenses of the resident, the resident's spouse, and dependents of                          
20       the resident;                                                                                                     
21                 (8)  real property being used as the primary residence of the resident's                                
22       spouse or a dependent of the resident;                                                                            
23                 (9)  other real or personal property equal to at least a total value of up                              
24       to $10,000 as established by the department by regulation;                                                        
25                 (10)  federal payments that are excluded by law from income for                                         
26       federal assistance purposes.                                                                                      
27    * Sec. 5. Section 4, ch. 1, FSSLA 2007, is amended to read:                                                        
28            Sec. 4. AS 09.38.015(a)(11); AS 47.45.301, 47.45.302, 47.45.304, 47.45.306,                                
29       47.45.308, and 47.45.309 are repealed June 30, 2015 [2011].