HB 18: "An Act relating to eligibility for medical assistance coverage; and providing for an effective date."
00 HOUSE BILL NO. 18 01 "An Act relating to eligibility for medical assistance coverage; and providing for an 02 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 persons with intellectual and developmental 12 disabilities and who are financially eligible as determined by the standards of the 13 federal program designated as the successor to the aid to families with dependent 14 children program; 15 (6) persons in a medical or intermediate care facility whose income 16 while in the facility does not exceed 300 percent of the supplemental security income 17 benefit rate under 42 U.S.C. 1381 - 1383c (Title XVI, Social Security Act) but who 18 would not be eligible for an optional state supplementary payment if they left the 19 hospital or other facility; 20 (7) persons under 21 years of age who are receiving active treatment in 21 a psychiatric hospital and who are financially eligible as determined by the standards 22 of the federal program designated as the successor to the aid to families with 23 dependent children program; 24 (8) persons under 21 years of age and not covered under (a) of this 25 section, who would be eligible for benefits under the federal program designated as 26 the successor to the aid to families with dependent children program, except that they 27 have the care and support of both their natural and adoptive parents; 28 (9) pregnant women not covered under (a) of this section and who 29 meet the income and resource requirements of the federal program designated as the 30 successor to the aid to families with dependent children program; 31 (10) persons under 21 years of age not covered under (a) of this section
01 who the department has determined cannot be placed for adoption without medical 02 assistance because of a special need for medical or rehabilitative care and who the 03 department has determined are hard-to-place children eligible for subsidy under 04 AS 25.23.190 - 25.23.210; 05 (11) persons who can be considered under 42 U.S.C. 1396a(e)(3) (Title 06 XIX, Social Security Act, Medical Assistance) to be individuals with respect to whom 07 a supplemental security income is being paid under 42 U.S.C. 1381 - 1383c (Title 08 XVI, Social Security Act) because they meet all of the following criteria: 09 (A) they are 18 years of age or younger and qualify as disabled 10 individuals under 42 U.S.C. 1382c(a) (Title XVI, Social Security Act); 11 (B) the department has determined that 12 (i) they require a level of care provided in a hospital, 13 nursing facility, or intermediate care facility for persons with 14 intellectual and developmental disabilities; 15 (ii) it is appropriate to provide their care outside of an 16 institution; and 17 (iii) the estimated amount that would be spent for 18 medical assistance for their individual care outside an institution is not 19 greater than the estimated amount that would otherwise be expended 20 individually for medical assistance within an appropriate institution; 21 (C) if they were in a medical institution, they would be eligible 22 for medical assistance under other provisions of this chapter; and 23 (D) home and community-based services under a waiver 24 approved by the federal government are either not available to them under this 25 chapter or would be inappropriate for them; 26 (12) disabled persons, as described in 42 U.S.C. 27 1396a(a)(10)(A)(ii)(XIII), who are in families whose income, as determined under 28 applicable federal regulations or guidelines, is less than 250 percent of the official 29 poverty line applicable to a family of that size according to the United States 30 Department of Health and Human Services, and who, but for earnings in excess of the 31 limit established under 42 U.S.C. 1396d(q)(2)(B), would be considered to be
01 individuals with respect to whom a supplemental security income is being paid under 02 42 U.S.C. 1381 - 1383c; a person eligible for assistance under this paragraph who is 03 not eligible under another provision of this section shall pay a premium or other cost- 04 sharing charges according to a sliding fee scale that is based on income as established 05 by the department in regulations; 06 (13) persons under 19 years of age who are not covered under (a) of 07 this section and whose household income does not exceed 175 percent of the federal 08 poverty line as defined by the United States Department of Health and Human 09 Services and revised under 42 U.S.C. 9902(2); 10 (14) pregnant women who are not covered under (a) of this section and 11 whose household income does not exceed 175 percent of the federal poverty line as 12 defined by the United States Department of Health and Human Services and revised 13 under 42 U.S.C. 9902(2); 14 (15) persons who have been diagnosed with breast or cervical cancer 15 and who are eligible for coverage under 42 U.S.C. 1396a(a)(10)(A)(ii)(XVIII); 16 (16) persons who are under 65 years of age, who are not pregnant, 17 whose household income does not exceed 133 percent of the federal poverty line 18 as defined by the United States Department of Health and Human Services and 19 revised under 42 U.S.C. 9902(2), and who are eligible under 42 U.S.C. 20 1396a(a)(10)(A)(i)(VIII), if the federal medical assistance percentage paid to the 21 state for the coverage is not less than 90 percent. 22 * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to 23 read: 24 MEDICAID STATE PLAN; INSTRUCTIONS. The Department of Health and Social 25 Services shall immediately amend and submit for approval the state plan for medical 26 assistance coverage consistent with this Act. 27 * Sec. 3. Section 2 of this Act takes effect immediately under AS 01.10.070(c). 28 * Sec. 4. Except as provided in sec. 3 of this Act, this Act takes effect January 1, 2016.