Legislature(2007 - 2008)

2007-04-04 Senate Journal

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2007-04-04                     Senate Journal                      Page 0747
SB 4                                                                                                                          
SENATE BILL NO. 4 "An Act extending the cash assistance benefit                                                                 
program for seniors under the senior care program and increasing the                                                            
benefit amount; and providing for an effective date" was read the                                                               
second time.                                                                                                                    
                                                                                                                                
Senator Stedman, Cochair, moved and asked unanimous consent for                                                                 
the adoption of the Finance Committee Substitute offered on page 745.                                                           
Senator Therriault objected, then withdrew his objection. There being                                                           
no further objection, CS FOR SENATE BILL NO. 4(FIN) was                                                                         
adopted.                                                                                                                        
                                                                                                                                
Senator Wielechowski offered Amendment No. 1 :                                                                                   
                                                                                                                                
Page 1, line 2, following "amount;":                                                                                          
     Insert "amending medical income eligibility provisions for                                                               
persons under 19 years of age and for pregnant women;"                                                                        
                                                                                                                                
                                                                                                                                

2007-04-04                     Senate Journal                      Page 0748
Page 1, following line 3:                                                                                                       
     Insert a new bill section to read:                                                                                         
"* Section 1. AS 47.07.020(b) is amended to read:                                                                             
              (b)  In addition to the persons specified in (a) of this                                                          
          section, the following optional groups of persons for whom                                                            
          the state may claim federal financial participation are eligible                                                      
          for medical assistance:                                                                                               
                        (1)  persons eligible for but not receiving                                                             
          assistance under any plan of the state approved under 42                                                              
          U.S.C. 1381 - 1383c (Title XVI, Social Security Act,                                                                  
          Supplemental Security Income) or a federal program                                                                    
          designated as the successor to the aid to families with                                                               
          dependent children program;                                                                                           
                        (2)  persons in a general hospital, skilled nursing                                                     
          facility, or intermediate care facility, who, if they left the                                                        
          facility, would be eligible for assistance under one of the                                                           
          federal programs specified in (1) of this subsection;                                                                 
                        (3)  persons under 21 years of age who are under                                                        
          supervision of the department, for whom maintenance is being                                                          
          paid in whole or in part from public funds, and who are in                                                            
          foster homes or private child-care institutions;                                                                      
                        (4)  aged, blind, or disabled persons, who,                                                             
          because they do not meet income and resources requirements,                                                           
          do not receive supplemental security income under 42 U.S.C.                                                           
          1381 - 1383c (Title XVI, Social Security Act), and who do                                                             
          not receive a mandatory state supplement, but who are                                                                 
          eligible, or would be eligible if they were not in a skilled                                                          
          nursing facility or intermediate care facility to receive an                                                          
          optional state supplementary payment;                                                                                 
                        (5)  persons under 21 years of age who are in an                                                        
          institution designated as an intermediate care facility for the                                                       
          mentally retarded and who are financially eligible as                                                                 
          determined by the standards of the federal program designated                                                         
          as the successor to the aid to families with dependent children                                                       
          program;                                                                                                              
                        (6)  persons in a medical or intermediate care                                                          
          facility whose income while in the facility does not exceed                                                           
          $1,656 a month but who would not be eligible for an optional                                                          
          state supplementary payment if they left the hospital or other                                                        
          facility;                                                                                                             

2007-04-04                     Senate Journal                      Page 0749
                        (7)  persons under 21 years of age who are                                                              
          receiving active treatment in a psychiatric hospital and who                                                          
          are financially eligible as determined by the standards of the                                                        
          federal program designated as the successor to the aid to                                                             
          families with dependent children program;                                                                             
                        (8)  persons under 21 years of age and not                                                              
          covered under (a) of this section, who would be eligible for                                                          
          benefits under the federal program designated as the successor                                                        
          to the aid to families with dependent children program, except                                                        
          that they have the care and support of both their natural and                                                         
          adoptive parents;                                                                                                     
                        (9)  pregnant women not covered under (a) of                                                            
          this section and who meet the income and resource                                                                     
          requirements of the federal program designated as the                                                                 
          successor to the aid to families with dependent children                                                              
          program;                                                                                                              
                        (10)  persons under 21 years of age not covered                                                         
          under (a) of this section who the department has determined                                                           
          cannot be placed for adoption without medical assistance                                                              
          because of a special need for medical or rehabilitative care                                                          
          and who the department has determined are hard-to-place                                                               
          children eligible for subsidy under AS 25.23.190 - 25.23.210;                                                         
                        (11)  persons who can be considered under 42                                                            
          U.S.C. 1396a(e)(3) (Title XIX, Social Security Act, Medical                                                           
          Assistance) to be individuals with respect to whom a                                                                  
          supplemental security income is being paid under 42 U.S.C.                                                            
          1381 - 1383c (Title XVI, Social Security Act) because they                                                            
          meet all of the following criteria:                                                                                   
                                 (A)  they are 18 years of age or younger                                                       
                   and qualify as disabled individuals under 42 U.S.C.                                                          
                   1382c(a) (Title XVI, Social Security Act);                                                                   
                                 (B)  the department has determined that                                                        
                                           (i)  they require a level of care                                                    
                             provided in a hospital, nursing facility, or                                                       
                             intermediate care facility for the mentally                                                        
                             retarded;                                                                                          
                                           (ii)  it is appropriate to provide                                                   
                             their care outside of an institution; and                                                          
                                                                                                                                
                                                                                                                                

2007-04-04                     Senate Journal                      Page 0750
                                           (iii)  the estimated amount that                                                     
                             would be spent for medical assistance for                                                          
                             their individual care outside an institution is                                                    
                             not greater than the estimated amount that                                                         
                             would otherwise be expended individually                                                           
                             for medical assistance within an appropriate                                                       
                             institution;                                                                                       
                                 (C)  if they were in a medical institution,                                                    
                   they would be eligible for medical assistance under                                                          
                    other provisions of this chapter; and                                                                      
                                 (D)  home and community-based                                                                  
                   services under a waiver approved by the federal                                                              
                   government are either not available to them under                                                            
                   this chapter or would be inappropriate for them;                                                             
                        (12)  disabled persons, as described in 42 U.S.C.                                                       
          1396a(a)(10)(A)(ii)(XIII), who are in families whose income,                                                          
          as determined under applicable federal regulations or                                                                 
          guidelines, is less than 250 percent of the official poverty line                                                     
          applicable to a family of that size according to the federal                                                          
          office of management and budget, and who, but for earnings                                                            
          in excess of the limit established under 42 U.S.C.                                                                    
          1396d(q)(2)(B), would be considered to be individuals with                                                            
          respect to whom a supplemental security income is being paid                                                          
          under 42 U.S.C. 1381 - 1383c; a person eligible for assistance                                                        
          under this paragraph who is not eligible under another                                                                
          provision of this section shall pay a premium or other cost-                                                          
          sharing charges according to a sliding fee scale that is based                                                        
          on income as established by the department in regulations;                                                            
                        (13)  persons under 19 years of age who are not                                                         
          covered under (a) of this section and whose household income                                                          
          does not exceed 175 percent of the federal poverty line for                                                       
          Alaska set by the United States Department of Health and                                                          
              Human Services and revised under 42 U.S.C. 9902(2)                                                           
                                 [(A)  $1,635 A MONTH IF THE                                                                    
                   HOUSEHOLD CONSISTS OF ONE PERSON;                                                                            
                                 (B)  $2,208 A MONTH IF THE                                                                     
                   HOUSEHOLD CONSISTS OF TWO PERSONS;                                                                           
                                                                                                                                
                                                                                                                                
                                                                                                                                

2007-04-04                     Senate Journal                      Page 0751
                                 (C)  $2,782 A MONTH IF THE                                                                     
                   HOUSEHOLD CONSISTS OF THREE PERSONS;                                                                         
                                 (D)  $3,355 A MONTH IF THE                                                                     
                   HOUSEHOLD CONSISTS OF FOUR PERSONS;                                                                          
                                 (E)  $3,928 A MONTH IF THE                                                                     
                   HOUSEHOLD CONSISTS OF FIVE PERSONS;                                                                          
                                 (F)  $4,501 A MONTH IF THE                                                                     
                   HOUSEHOLD CONSISTS OF SIX PERSONS;                                                                           
                                 (G)  $5,074 A MONTH IF THE                                                                     
                   HOUSEHOLD CONSISTS OF SEVEN PERSONS;                                                                         
                                 (H)  $5,647 A MONTH IF THE                                                                     
                   HOUSEHOLD CONSISTS OF EIGHT PERSONS;                                                                         
                                 (I)  $5,647 A MONTH, PLUS AN                                                                   
                   ADDITIONAL $574 A MONTH FOR EACH                                                                             
                   EXTRA PERSON ABOVE EIGHT PERSONS                                                                             
                   WHO IS IN THE HOUSEHOLD IF THE                                                                               
                   HOUSEHOLD CONSISTS OF NINE PERSONS OR                                                                        
                   MORE];                                                                                                       
                        (14)  pregnant women who are not covered under                                                          
          (a) of this section and whose household income does not                                                               
          exceed 175 percent of the federal poverty guideline for                                                           
          Alaska set by the United States Department of Health and                                                          
          Human Services                                                                                                    
                                 [(A)  $2,208 A MONTH IF THE                                                                    
                   HOUSEHOLD CONSISTS OF TWO PERSONS;                                                                           
                                 (B)  $2,782 A MONTH IF THE                                                                     
                   HOUSEHOLD CONSISTS OF THREE PERSONS;                                                                         
                                 (C)  $3,355 A MONTH IF THE                                                                     
                   HOUSEHOLD CONSISTS OF FOUR PERSONS;                                                                          
                                 (D)  $3,928 A MONTH IF THE                                                                     
                   HOUSEHOLD CONSISTS OF FIVE PERSONS;                                                                          
                                 (E)  $4,501 A MONTH IF THE                                                                     
                   HOUSEHOLD CONSISTS OF SIX PERSONS;                                                                           
                                 (F)  $5,074 A MONTH IF THE                                                                     
                   HOUSEHOLD CONSISTS OF SEVEN PERSONS;                                                                         
                                 (G)  $5,647 A MONTH IF THE                                                                     
                   HOUSEHOLD CONSISTS OF EIGHT PERSONS;                                                                         
                                 (H)  $5,647 A MONTH, PLUS AN                                                                   
                   ADDITIONAL $574 A MONTH FOR EACH                                                                             
                   EXTRA PERSON ABOVE EIGHT PERSONS                                                                             

2007-04-04                     Senate Journal                      Page 0752
                   WHO IS IN THE HOUSEHOLD IF THE                                                                               
                   HOUSEHOLD CONSISTS OF NINE PERSONS OR                                                                        
                   MORE];                                                                                                       
                        (15)  persons who have been diagnosed with                                                              
          breast or cervical cancer and who are eligible for coverage                                                           
          under 42 U.S.C. 1396a(a)(10)(A)(ii)(XVIII)."                                                                          
                                                                                                                                
Page 1, line 4:                                                                                                                 
     Delete "Section 1"                                                                                                       
     Insert "Sec. 2"                                                                                                          
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 4, line 1:                                                                                                                 
     Delete "secs. 1 - 10"                                                                                                      
     Insert "secs. 2 - 11"                                                                                                      
                                                                                                                                
Page 4, line 3:                                                                                                                 
     Delete "secs. 8 and 10"                                                                                                    
     Insert "secs. 9 and 11"                                                                                                    
                                                                                                                                
Page 4, line 7:                                                                                                                 
     Delete "Section 11"                                                                                                        
     Insert "Section 12"                                                                                                        
                                                                                                                                
Page 4, line 8:                                                                                                                 
     Delete "sec. 12"                                                                                                           
     Insert "sec. 13"                                                                                                           
                                                                                                                                
Senator Wielechowski moved for the adoption of Amendment No. 1.                                                                 
Senator Therriault objected.                                                                                                    
                                                                                                                                
Senator Stedman called the Senate. Senator Stedman lifted the call.                                                             
                                                                                                                                
The question being: "Shall Amendment No. 1 be adopted?" The roll                                                                
was taken with the following result:                                                                                            
                                                                                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                

2007-04-04                     Senate Journal                      Page 0753
CSSB 4(FIN)                                                                                                                     
Second Reading                                                                                                                  
Amendment No. 1                                                                                                                 
                                                                                                                                
YEAS:  14   NAYS:  3   EXCUSED:  2   ABSENT:  1                                                                               
                                                                                                                                
Yeas:  Cowdery, Davis, Ellis, Elton, French, Green, Hoffman,                                                                    
Huggins, Kookesh, Olson, Stedman, Stevens, Thomas, Wielechowski                                                                 
                                                                                                                                
Nays:  Bunde, Therriault, Wilken                                                                                                
                                                                                                                                
Excused:  McGuire, Wagoner                                                                                                      
                                                                                                                                
Absent:  Dyson                                                                                                                  
                                                                                                                                
and so, Amendment No. 1 was adopted.                                                                                            
                                                                                                                                
President Green stated CS FOR SENATE BILL NO. 4(FIN) am "An                                                                     
Act extending the cash assistance benefit program for seniors under                                                             
the senior care program and increasing the benefit amount; amending                                                             
medical income eligibility provisions for persons under 19 years of                                                             
age and for pregnant women; and providing for an effective date" will                                                           
be on the April 10 calendar.