Enrolled HB 168: Requiring the Department of Health to provide and allow submission of an electronic application for certain state benefits; and providing for an effective date.
00Enrolled HB 168 01 Requiring the Department of Health to provide and allow submission of an electronic 02 application for certain state benefits; and providing for an effective date. 03 _______________ 04 * Section 1. AS 47.05.010, as amended by sec. 41 of Executive Order 121, is amended to 05 read: 06 Sec. 47.05.010. Duties of Department of Health. The Department of Health 07 shall 08 (1) administer adult public assistance, the Alaska temporary assistance 09 program, and all other assistance programs, and receive and spend money made 10 available to it; 11 (2) adopt regulations necessary for the conduct of its business and for 12 carrying out federal and state laws granting adult public assistance, temporary cash 13 assistance, diversion payments, or self-sufficiency services for needy families under 14 the Alaska temporary assistance program, and other assistance;
01 (3) establish minimum standards for personnel employed by the 02 department and adopt necessary regulations to maintain those standards; 03 (4) require those bonds and undertakings from persons employed by it 04 that, in its judgment, are necessary, and pay the premiums on them; 05 (5) cooperate with the federal government in matters of mutual 06 concern pertaining to adult public assistance, the Alaska temporary assistance 07 program, and other forms of public assistance; 08 (6) make the reports, in the form and containing the information, that 09 the federal government from time to time requires; 10 (7) cooperate with the federal government in adopting state plans to 11 make the state eligible for federal matching in appropriate categories of assistance, and 12 in all matters of mutual concern, including adoption of the methods of administration 13 that are found by the federal government to be necessary for the efficient operation of 14 welfare programs; 15 (8) adopt regulations, not inconsistent with law, defining need, 16 prescribing the conditions of eligibility for assistance, and establishing standards for 17 determining the amount of assistance that an eligible person is entitled to receive; the 18 amount of the assistance is sufficient when, added to all other income and resources 19 available to an individual, it provides the individual with a reasonable subsistence 20 compatible with health and well-being; an individual who meets the requirements for 21 eligibility for assistance shall be granted the assistance promptly upon application for 22 it; 23 (9) grant to a person claiming or receiving assistance and who is 24 aggrieved because of the department's action or failure to act, reasonable notice and an 25 opportunity for a fair hearing by the office of administrative hearings (AS 44.64.010), 26 and the department shall adopt regulations relative to this; 27 (10) enter into reciprocal agreements with other states relative to 28 public assistance that are considered advisable; 29 (11) establish the requirements of residence for public assistance that 30 are considered advisable, subject to the limitations of other laws of the state, or law or 31 regulation imposed as conditions for federal financial participation;
01 (12) establish the divisions and local offices that are considered 02 necessary or expedient to carry out a duty or authority assigned to it and appoint and 03 employ the assistants and personnel that are necessary to carry on the work of the 04 divisions and offices, and fix the compensation of the assistants or employees, except 05 that a person engaged in business as a retail vendor of general merchandise, or a 06 member of the immediate family of a person who is so engaged, may not serve as an 07 acting, temporary, or permanent local agent of the department, unless the 08 commissioner of health certifies in writing to the governor, with relation to a particular 09 community, that no other qualified person is available in the community to serve as 10 local welfare agent; for the purposes of this paragraph, a "member of the immediate 11 family" includes a spouse, child, parent, brother, sister, parent-in-law, brother-in-law, 12 or sister-in-law; 13 (13) provide education and health-related services and referrals 14 designed to reduce the number of out-of-wedlock pregnancies and the number of 15 induced pregnancy terminations in the state; 16 (14) investigate reports of abuse, neglect, or misappropriation of 17 property by certified nurse aides in facilities licensed by the department under 18 AS 47.32; 19 (15) establish state policy relating to and administer federal programs 20 subject to state control as provided under 42 U.S.C. 3001 - 3058ee (Older Americans 21 Act of 1965), as amended, and related federal regulations; 22 (16) administer the older Alaskans service grants under AS 47.65.010 - 23 47.65.050 and the adult day care and family respite care grants under AS 47.65.100; 24 (17) establish an electronic application process for all assistance 25 programs administered by the department and allow an applicant to submit 26 either a written or an electronic application; the electronic application must 27 inform an applicant that a false statement made on the application will be 28 investigated and is punishable under AS 11.56.210; in this paragraph, "electronic 29 application" means an application for benefits or renewal of benefits, whether 30 the department exclusively administers the benefits or administers the benefits in 31 coordination with another state agency or federal agency, electronically
01 completed and submitted through the department's Internet website. 02 * Sec. 2. AS 47.08.150(b) is amended to read: 03 (b) A needy person suffering from a chronic or an acute medical condition 04 who is eligible for general relief assistance under AS 47.25.120 and is not eligible for 05 the medical assistance program under AS 47.07 may apply for assistance under this 06 section. The department shall make a determination of eligibility based on a general 07 relief assistance application. The requirements of AS 47.08.020 - 47.08.140 do not 08 apply to assistance sought under this section, except that, notwithstanding (c) of this 09 section, neither reimbursement nor assistance may be paid by the department for 10 services that are listed in AS 47.08.050 as those services are defined in AS 47.08.140. 11 The department shall establish an electronic application for assistance under this 12 section. The department shall allow an applicant to complete and submit a secure 13 electronic application for assistance through the department's Internet website. 14 The electronic application must inform an applicant that a false statement made 15 on the application will be investigated and is punishable under AS 11.56.210. 16 * Sec. 3. AS 47.25.001(a) is amended to read: 17 (a) The department shall 18 (1) implement and administer a program to assist in providing day care 19 for the children of low and moderate income families according to the requirements of 20 AS 47.25.001 - 47.25.095; 21 (2) establish standards of eligibility for day care benefits; 22 (3) contract for the care of children of eligible families; 23 (4) establish procedures to periodically review the needs of families 24 receiving day care benefits; 25 (5) provide notification to the local government body of the request for 26 a contract with a day care facility; 27 (6) establish an electronic application for assistance and allow an 28 applicant to submit an application in electronic format or in other formats 29 required by state and federal law; the electronic application must inform an 30 applicant that a false statement made on the application will be investigated and 31 is punishable under AS 11.56.210.
01 * Sec. 4. AS 47.25.071(e) is amended to read: 02 (e) An application for a grant under this section shall be made in a format 03 [THE FORM] established by the department. The department shall establish an 04 electronic application for a grant and allow an applicant to submit an application 05 in electronic format or in other formats required by state and federal law. The 06 electronic application must inform an applicant that a false statement made on 07 the application will be investigated and is punishable under AS 11.56.210. 08 * Sec. 5. AS 47.25.095 is amended by adding a new paragraph to read: 09 (7) "electronic application" means an application for benefits or 10 renewal of benefits electronically completed and submitted through the department's 11 Internet website. 12 * Sec. 6. AS 47.25.150 is amended to read: 13 Sec. 47.25.150. Application for assistance. A person requesting assistance 14 shall apply for it, either personally or through another person, in a format and 15 manner prescribed in [UPON FORMS FURNISHED AND UNDER] regulations 16 adopted by the department. Regulations adopted under this section must establish 17 an electronic application for assistance and allow an applicant to submit an 18 application in electronic format or in other formats required by state and federal 19 law. The electronic application must inform an applicant that a false statement 20 made on the application will be investigated and is punishable under 21 AS 11.56.210. In this section, "electronic application" means an application for 22 benefits or renewal of benefits, whether the department exclusively administers 23 the benefits or administers the benefits in coordination with another state agency 24 or federal agency, electronically completed and submitted through the 25 department's Internet website. 26 * Sec. 7. AS 47.25.440 is amended to read: 27 Sec. 47.25.440. Application for assistance. A person requesting assistance 28 shall apply for it, either personally or through another, in a format and manner 29 prescribed in [UPON FORMS FURNISHED AND UNDER] regulations adopted by 30 the department. Regulations adopted under this section must establish an 31 electronic application for assistance and allow an applicant to submit an
01 application in electronic format or in other formats required by state and federal 02 law. The electronic application must inform an applicant that a false statement 03 made on the application will be investigated and is punishable under 04 AS 11.56.210. In this section, "electronic application" means an application for 05 benefits or renewal of benefits, whether the department exclusively administers 06 the benefits or administers the benefits in coordination with another state agency 07 or federal agency, electronically completed and submitted through the 08 department's Internet website. 09 * Sec. 8. AS 47.25.622, as amended by sec. 134(81) of Executive Order 121, is amended to 10 read: 11 Sec. 47.25.622. Duties. The Department of Health shall 12 (1) administer the Alaska affordable heating program provided under 13 AS 47.25.621; 14 (2) adopt regulations under AS 44.62 (Administrative Procedure Act) 15 to carry out the purpose of the program; 16 (3) coordinate payments among other heating assistance programs to 17 avoid duplication of payments; 18 (4) establish an electronic application for the Alaska affordable 19 heating program and allow an applicant to submit an application in electronic 20 format or in other formats required by state and federal law; the electronic 21 application must inform an applicant that a false statement made on the 22 application will be investigated and is punishable under AS 11.56.210; in this 23 paragraph, "electronic application" means an application for benefits or renewal 24 of benefits, whether the department exclusively administers the benefits or 25 administers the benefits in coordination with another state agency or federal 26 agency, electronically completed and submitted through the department's 27 Internet website. 28 * Sec. 9. AS 47.25.980(a) is amended to read: 29 (a) The department shall 30 (1) adopt regulations necessary to carry out the food stamp program; 31 (2) cooperate with the federal government and do all things necessary
01 to continue state eligibility under the food stamp program; 02 (3) comply with the requirements of 7 U.S.C. 2011 - 2036 (Food 03 Stamp Program); 04 (4) establish an electronic application for the food stamp program 05 and allow an applicant to submit an application in electronic format or in other 06 formats required by state and federal law; the electronic application must inform 07 an applicant that a false statement made on the application will be investigated 08 and is punishable under AS 11.56.210; in this paragraph, "electronic 09 application" means an application for benefits or renewal of benefits, whether 10 the department exclusively administers the benefits or administers the benefits in 11 coordination with another state agency or federal agency, electronically 12 completed and submitted through the department's Internet website. 13 * Sec. 10. AS 47.27.020(a) is amended to read: 14 (a) An applicant under the Alaska temporary assistance program shall 15 complete an application in writing, or by electronic means, and in a format [FORM] 16 specified in regulations adopted by the department. Regulations adopted under this 17 subsection must establish an electronic application for the program and allow an 18 applicant to submit an application in electronic format or in other formats 19 required by state and federal law. The applicant must be a pregnant woman or an 20 individual who has physical custody of the dependent child or children. The 21 application must be complete and must provide all of the information about the family 22 and the child or children that is requested by the department. The applicant shall 23 provide all supporting documentation for verification that the department determines 24 to be necessary to establish eligibility. The electronic application must inform an 25 applicant that a false statement made on the application will be investigated and 26 is punishable under AS 11.56.210. In this subsection, "electronic application" 27 means an application for benefits or renewal of benefits, whether the department 28 exclusively administers the benefits or administers the benefits in coordination 29 with another state agency or federal agency, electronically completed and 30 submitted through the department's Internet website. 31 * Sec. 11. AS 47.45.302(a) is amended to read:
01 (a) An individual is eligible for a cash assistance benefit under the program if 02 the individual 03 (1) is 65 years of age or older; 04 (2) is a resident of the state; 05 (3) is a citizen of the United States or a qualified alien under 8 U.S.C. 06 1613 and 1641; 07 (4) has a household income that does not exceed 175 percent of the 08 annual federal poverty line for Alaska, as determined by the United States Department 09 of Health and Human Services and revised under 42 U.S.C. 9902(2); 10 (5) has not received a longevity bonus payment under AS 47.45.010 - 11 47.45.160 for the same period; and 12 (6) applies in the format prescribed by the department; the department 13 may use an abbreviated form for an individual who received a payment under an 14 assistance program for seniors that paid $120 a month and was administered by the 15 department on or before July 29, 2007; the department shall establish an electronic 16 application for a cash assistance benefit and allow an applicant to submit an 17 application in electronic format or in other formats required by state and federal 18 law; the electronic application must inform an applicant that a false statement 19 made on the application will be investigated and is punishable under 20 AS 11.56.210; in this paragraph, "electronic application" means an application 21 for benefits or renewal of benefits, whether the department exclusively 22 administers the benefits or administers the benefits in coordination with another 23 state agency or federal agency, electronically completed and submitted through 24 the department's Internet website. 25 * Sec. 12. The uncodified law of the State of Alaska is amended by adding a new section to 26 read: 27 TRANSITION: REGULATIONS. The Department of Health and Social Services, or 28 the Department of Health, as appropriate, may adopt regulations necessary to implement the 29 changes made by this Act. The regulations take effect under AS 44.62 (Administrative 30 Procedure Act), but not before July 1, 2022. 31 * Sec. 13. Section 12 of this Act takes effect immediately under AS 01.10.070(c).
01 * Sec. 14. Except as provided in sec. 13 of this Act, this Act takes effect July 1, 2022.