Legislature(1993 - 1994)
05/05/1994 08:35 AM House FIN
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* first hearing in first committee of referral
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= bill was previously heard/scheduled
SB 101 "An Act relating to eligibility for and payments of
public assistance; and providing for an
effective date."
HCS CSSB 101 (FIN) was reported out of Committee
with "no recommendation" and with two fiscal
impact notes by the Department of Health and
Social Services, dated 4/28/94.
SENATE BILL NO. 101
"An Act relating to eligibility for and payments of public
assistance; and providing for an effective date."
DAVID SKIDMORE, STAFF, SENATOR STEVE FRANK explained that SB
101 would amend the Interim Assistance provision (IA). He
pointed out that IPA pays individuals $280 dollars a month
while they await determination of eligibility for Social
Security Insurance (SSI) or Adult Public Assistance (APA).
Mr. Skidmore emphasized that the legislation would allow the
Division of Public Assistance to return to its practice of
terminating interim assistance after an initial
determination of SSI ineligibility. This was the
department's practice prior to the 1986 Alaska Supreme Court
ruling, Morre versus Beirne. The court mandated that the
state make payments during the appeal process.
Mr. Skidmore observed that individuals who are eligible for
SSI repay the state for interim assistance received. The
legislation would require that individuals who are
determined ineligible for SSI also repay the state for
interim assistance. The legislation would define interim
assistance owed to the state as an overpayment of public
assistance. Overpayment could be recouped through
garnishment of permanent fund dividend payments.
Mr. Skidmore noted that the legislation directs the Division
of Public Assistance to work with the Division of Vocational
Rehabilitation in establishing consistent standards to
govern the disability determination process.
In response to a question by Representative Brown, Mr.
Skidmore observed the intent to clarify that payments are
terminated after the first determination of ineligibility.
He clarified that APA and IA payments are state funded,
while SSI is federally funded.
Mr. Skidmore provided members with AMENDMENT 1 (copy on
file). He explained that the amendment would pertain to
applicability. The amendment clarifies that the legislation
applies to new applications, applications pending and
appeals pending at the effective date.
Co-Chair Larson MOVED to ADOPT AMENDMENT 1. Representative
Brown OBJECTED. A roll call vote was taken on the MOTION.
IN FAVOR: Foster, Hanley, Martin, Parnell, Grussendorf,
Larson
OPPOSED: Brown, Hoffman
Representatives Navarre and Therriault were not present for
the vote.
The MOTION PASSED (6-2).
Representative Brown provided members with AMENDMENT 2 (copy
on file). She explained that the amendment would allow the
Division to make an exception for hardship cases.
JAN HANSEN, DIRECTOR, DIVISION OF MEDICAL ASSISTANCE,
DEPARTMENT OF HEALTH AND SOCIAL SERVICES observed that
individuals applying for SSI must have an income below
$450.0 dollars a month. She stated that eligibility is based
on a physician's opinion that the individual has a
disability that is and will continue to be incapacitating to
the degree that they are not able to work.
Mr. Skidmore spoke in opposition to the amendment.
Representative Martin OBJECTED. A roll call vote was taken
on the MOTION to adopt AMENDMENT 2.
IN FAVOR: Brown, Grussendorf, Hoffman, Navarre
OPPOSED: Foster, Hanley, Martin, Parnell, Therriault, Larson
Co-Chair MacLean was not present for the vote.
The MOTION FAILED (4-6).
Representative Brown provided members with AMENDMENT 3 (copy
on file). She explained that the amendment would change
"initial" to "final" in order to initiate the cut off after
the final determination of SSI eligibility. She emphasized
that the amendment would be consistent with the court's
ruling.
Representative Navarre spoke in support of Amendment 3.
Representative Martin OBJECTED. A roll call vote was taken
on the MOTION.
IN FAVOR: Brown, Grussendorf, Hoffman, Navarre
OPPOSED: Foster, Hanley, Martin, Parnell, Therriault, Larson
Co-Chair MacLean was not present for the vote.
The MOTION FAILED (4-6).
Representative Martin MOVED to report HCS CSSB 101 (FIN) out
of Committee with individual recommendations and with the
accompanying fiscal notes. Representative Brown OBJECTED. A
roll call vote was taken on the MOTION.
IN FAVOR: Grussendorf, Foster, Hanley, Martin, Parnell,
Therriault, Larson
OPPOSED: Brown, Hoffman, Navarre
Co-Chair MacLean was not present for the vote.
The MOTION PASSED (7-3).
HCS CSSB 101 (FIN) was reported out of Committee with "no
recommendation" and with two fiscal impact notes by the
Department of Health and Social Services, dated 4/28/94.
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