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CSHB 96(FIN): "An Act relating to Alaska Pioneers' Home and Alaska Veterans' Home payments, rates, and services."

00 CS FOR HOUSE BILL NO. 96(FIN) 01 "An Act relating to Alaska Pioneers' Home and Alaska Veterans' Home payments, 02 rates, and services." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 47.55.020(b) is amended to read: 05 (b) Every person admitted to a home who receives income from any source in 06 excess of $500 [$200] a month shall be required by the department to pay the excess 07 to the department immediately upon receipt of the money in payment, or part payment, 08 of the cost of the person's care. However, the department may not require in any 09 month the payment of an amount greater than the monthly or daily rates [RATE] set 10 under AS 47.55.030(f) plus charges under AS 47.55.030(b) except to satisfy 11 indebtedness incurred under AS 47.55.070. The department may not evict a person 12 from a home if the income and assets of the person are insufficient to pay the monthly 13 or daily rates [RATE] set under AS 47.55.030(f) plus charges under 14 AS 47.55.030(b) and the person is otherwise in compliance with requirements under

01 this chapter. 02 * Sec. 2. AS 47.55.020(d) is amended to read: 03 (d) Notwithstanding AS 47.55.070 and (b) of this section, a resident of a home 04 whose income, assets, and other resources are insufficient to pay the monthly or daily 05 rates [RATE] set under AS 47.55.030(f) plus charges under AS 47.55.030(b), and 06 who does not have private insurance to cover the cost of care, qualifies for payment 07 assistance if the resident is otherwise in compliance with requirements under this 08 chapter. The amount of payment assistance equals the amount needed, when added to 09 other income and assets of the resident, to pay the monthly or daily rates [RATE] set 10 under AS 47.55.030(f) plus charges under AS 47.55.030(b). Payment assistance 11 received by a home resident is a debt to the state. In determining the amount of 12 payment assistance for which a home resident qualifies, the following income, assets, 13 and other resources of the resident shall be disregarded: 14 (1) income from any source in an amount up to $500 [$200] a month 15 as established by the department by regulation; 16 (2) the following assets received under 43 U.S.C. 1601 et seq. (Alaska 17 Native Claims Settlement Act): 18 (A) cash dividends and other income equal to at least $2,000 as 19 established by the department by regulation; 20 (B) stock; 21 (C) noncash dividends from stock; and 22 (D) land; 23 (3) a permanent fund dividend issued under AS 43.23; 24 (4) compensation to volunteers under the federal retired and senior 25 volunteers (42 U.S.C. 5001), foster grandparents (42 U.S.C. 5011), and senior 26 companion (42 U.S.C. 5013) programs made in accordance with 42 U.S.C. 5044(f); 27 (5) federal World War II restitution payments made under 50 U.S.C. 28 App. 1989b-4 and c-5; 29 (6) payments under AS 18.67 (Violent Crimes Compensation Board); 30 (7) an amount, determined by the department by regulation, that is 31 sufficient for burial expenses of the resident, the resident's spouse, and dependents of

01 the resident; 02 (8) real property being used as the primary residence of the resident's 03 spouse or a dependent of the resident; 04 (9) other real or personal property equal to at least a total value of up 05 to $10,000 as established by the department by regulation; 06 (10) federal payments that are excluded by law from income for 07 federal assistance purposes. 08 * Sec. 3. AS 47.55.030(a) is amended to read: 09 (a) A person eligible for admission under AS 47.55.020 may, on application, 10 be admitted to the Alaska Pioneers' Home or the Alaska Veterans' Home upon the 11 person's agreement to pay to the state the applicable [EACH MONTH AN] amount 12 specified in (f) of this section plus charges under (b) of this section [THE 13 DEPARTMENT CONSIDERS SUFFICIENT TO COMPENSATE THE STATE FOR 14 THE COST OF CARE AND SUPPORT OF THE PERSON AT THE HOME]. When 15 this agreement is entered into, the department may require security for the payments. 16 * Sec. 4. AS 47.55.030(b) is repealed and reenacted to read: 17 (b) The department may charge a home resident reasonable fees to cover the 18 cost of supplies, medication, equipment, and services provided to the home resident 19 that are not included in the monthly or daily rates specified in (f) of this section. 20 * Sec. 5. AS 47.55.030 is amended by adding new subsections to read: 21 (f) Except as provided in (b) and (g) of this section, the department may 22 charge a home resident a monthly or daily rate of not more than 23 (1) $2,976 a month for the provision of housing, meals, emergency 24 assistance, and recreation; 25 (2) $5,396 a month for the provision of housing, meals, emergency 26 assistance, medication administration, health-related services, recreation, and 27 intermittent assistance with activities of daily living; 28 (3) $7,814 a month for the provision of housing, meals, emergency 29 assistance, medication administration, health-related services, recreation, and 30 extensive assistance with activities of daily living; 31 (4) $8,500 a month for the provision of housing, meals, emergency

01 assistance, medication administration, medication management, health-related 02 services, recreation, assistance with activities of daily living and nursing services for 03 24 hours a day, and intermittent behavior management; 04 (5) a monthly rate the department considers sufficient to compensate 05 the state for the cost of care and support of the person at the home for the provision of 06 housing, meals, emergency assistance, medication administration, medication 07 management, health-related services, recreation, assistance with activities of daily 08 living and nursing services for 24 hours a day, and extensive behavior management; 09 (6) $160 a day for services provided in a home to a recipient who 10 requires the provision of housing, meals, emergency assistance, medication 11 administration, health-related services, recreation, and extensive assistance with 12 activities of daily living for up to eight hours a day between 6:00 a.m. and 6:00 p.m., 13 including meals scheduled during the period the recipient is receiving the services; 14 (7) $322 a day for room and board provided in a home to a recipient 15 who requires the provision of housing, meals, emergency assistance, medication 16 administration, health-related services, recreation, and extensive assistance with 17 activities of daily living for 24 hours a day for up to 14 consecutive days. 18 (g) Not later than 90 days after social security benefits are increased under 42 19 U.S.C. 415(i) of the Social Security Act, the department shall adjust the monthly and 20 daily rates in (f) of this section by a percentage equal to the percentage increase in the 21 cost-of-living adjustment provided for the social security benefits. The department 22 may not make any other changes to the rates in (f) of this section. 23 * Sec. 6. AS 47.55.070 is amended to read: 24 Sec. 47.55.070. Indebtedness of home resident to state. The following 25 expenses incurred for an Alaska Pioneers' Home or Alaska Veterans' Home resident 26 under this chapter and not recoverable from a collateral source are a debt of the 27 resident to the state and may be recovered during the life of the resident: 28 (1) costs of standard or nursing care provided in the home each month 29 to the resident not exceeding the rates and charges [RATE] established [BY THE 30 DEPARTMENT] under AS 47.55.030, with credit given for any amounts paid by or 31 collected from the resident;

01 (2) allowances paid under AS 47.55.020(c); 02 (3) arrearages in fees for television and telephone services provided in 03 the home; and 04 (4) costs of prescription medicine. 05 * Sec. 7. AS 47.55.030(c) and 47.55.030(d) are repealed.