Legislature(1997 - 1998)
04/21/1997 02:05 PM House FIN
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HOUSE BILL 153
"An Act relating to the eligibility of aliens for state
public assistance and medical assistance programs
affected by federal welfare reform legislation; and
providing for an effective date."
JAY LIVELY, DEPUTY COMMISSIONER, DEPARTMENT OF HEALTH AND
SOCIAL SERVICES, explained the differences between legal
immigrants and qualified aliens under Public Law 104-193.
Regarding a definition for a "legal immigrant", there are
two issues to consider. The definition of a legal immigrant
before the passage of P.L. 104-193 and the definition of a
"qualified alien" under P.L. 104-193.
Prior to passage of P.L. 104-193, an immigrant was
considered eligible for state and federal welfare benefits
if they met the definition of a legal immigrant. For this
purpose, a "legal immigrant" included all immigrants
lawfully admitted for permanent residence, and immigrants
permanently residing under color of law (PRUCOL). Prucol
aliens are considered legal permanent residents of the U.S.
even though they did not go through the process of applying
for and being admitted for permanent residence. Prucol
aliens are aliens living in the country with the knowledge
and permission of the Immigration and Naturalization Service
(INS) whose departure the INS does not contemplate
enforcing.
For public assistance purposes, P.L. 104-193 created a new
category of immigrants called "qualified aliens". Most
"qualified aliens" are ineligible for public assistance or
are only eligible if the state opts to cover them.
Immigrants who are not "qualified aliens" are immigrants
lawfully admitted for permanent residence, refugees,
individuals paroled into the U.S. for a least one year,
immigrants whose deportation is being withheld, certain
immigrants granted conditional entry, and certain battered
spouses and children.
Mr. Lively continued, under P.L. 104-193, certain categories
of "qualified aliens" remain eligible for public assistance
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regardless of their immigrant status. The exception
categories are: refugees and certain persons whose
deportation is being withheld for their first five years in
the U.S., individuals who have 40 quarters of coverage under
the Social Security system, and veterans and members of the
armed forces and their spouses and dependent children.
Immigrants who become U.S. citizens are not subject to
immigrant restrictions on public assistance eligibility.
Mr. Lively pointed out the Work Opportunity Reconciliation
Act (WORA) of 1996, significantly impacted immigrant
eligibility for public assistance. Recent federal changes
reduce or deny benefits to many legal aliens already in the
country as well as new arrivals. Alaska has the option of
continuing federal state assistance programs for aliens who
were in the United States before August 22, 1996.
Co-Chair Therriault explained the effect of Amendment #1
provided by the Governor. [Copy on file]. The amendment
would include certain battered aliens as qualified aliens.
The illegal Immigration Reform and Immigrant Responsibility
Act of 1996 contains a provision that amended the "qualified
alien" definition to include certain battered aliens by
adding a new subsection, 8 U.S.C. 164(c). The amendment
would incorporate the additional provision and avoid
inconsistencies with federal guidelines.
KRISTEN BOMENGEN, ASSISTANT ATTORNEY GENERAL, DEPARTMENT OF
LAW, stated that the 1996 Act included a provision that
added another group to be considered as qualified aliens in
a separate subsection (c). The amendment would incorporate
that language with federal law. She added that currently,
there is a pending technical amendment on the federal level
which is being considered.
Co-Chair Therriault asked if the Governor's amendment would
affect the fiscal note. Mr. Lively replied that the
Department does not know how many current aliens there are
in the program that have been victims of domestic violence.
The Department can not make that prediction as this time.
Mr. Lively noted that each members packet includes a
demographic chart indicating the alien population and age
break down. He explained that a legal alien was a person
who resides in the country legally and has arrived in the
U.S. through some kind of status.
(Tape Change HFC 97-108, Side 2).
Ms. Bomengen added that there is a group residing in the
United States under a "color of law", existing in a gray
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zone. They do not have a green card, although, these people
are U.S. citizens.
Co-Chair Hanley disclosed that his sister-in-law is a legal
alien. He understood that legal aliens would not be
eligible for benefits for five years. After that time, they
would be eligible. To become a legal alien, one must have a
sponsor who will certify that the person is able to get a
job or is willing to provide the job. He suggested that If
a person had a sponsor, they would not be on a welfare
program. The proposed legislation will grand-father in
those persons who arrived in the country before August 22,
1996.
Mr. Lively explained the chart which had been prepared by
the Department for the Committee meeting. The chart
identified fiscal impacts with passage of the legislation
and its' affect to the Adult Public Assistance (APA) portion
of the program. As of August, there were 800 legal
immigrants in that program. With passage of the bill, those
persons would be grand-fathered in. In future fiscal years,
there would be attrition with that group and the costs for
the APA program will decline. Without passage of the
legislation, the Alaska State Statutes would not exclude
legal aliens from Adult Public Assistance. The Department
would remain responsible for covering those individuals.
The effect to the Alaska Temporary Assistance Program (ATAP)
would be the same as the net effect to the APA program.
There are currently 820 people on that program. Without
passage the legislation, legal immigrants would still be
eligible for the program. Because of the federal five year
ban, there exists a complicating factor which would increase
the general fund expenditure. The federal government will
not participate for five years.
Mr. Lively spoke to the Medicaid program. State law
statutes work conversely for Medicaid than they do for the
other two programs. In Medicaid, a person needs to be
written into the statute to be eligible. State law
currently does not have legal immigrants written into
statute. These people have always been eligible because of
their relationship to the federal program. The federal
government, through the immigration laws has severed that
relationship. If HB 153 passes, the State would continue to
cover legal immigrants who arrived in the country before
August 22, 1996.
JOHN SHERWOOD, DIRECTOR, DIVISION OF MEDICAL ASSISTANCE,
DEPARTMENT OF HEALTH AND SOCIAL SERVICES, commented that the
Department's budget currently includes the spending for
legal immigrants. If the bill passes, the Department would
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continue to cover qualified aliens. There will be some case
load reductions over- time with that group as people newly
arriving in this country will experience a period of
ineligibility time. Because of the way in which State law
is written, this would occur whether or not the bill passes
due to the change in federal law.
If a choice is made to not cover qualified legal aliens, the
State would be required to continue to provide emergency
services through the Medicaid program. In addition, certain
aliens with specific health care needs would be eligible for
general medical assistance, State General Funds, an action
which would create a cost shift from a 50/50 program to a
general fund program.
(Tape Change HFC 97-109, Side 1).
Mr. Lively noted that if the bill does not pass, the
Department would quit serving all the aliens being
administered by Medicaid. There would be a savings off-set
indicated in the fiscal note. The State would continue to
serve the legal immigrants for emergency services. He
concluded that it is important that bills already accrued be
paid for services rendered.
Mr. Sherwood explained that the legal aliens would be
subject to the same five year bar in receiving Medicaid
benefits. The exception with Medicaid would be that those
persons who were not eligible for regular Medicaid benefits,
may still qualify for coverage of emergency medical
services. The legal aliens arrived before the date will
continue to receive benefits as they previously had.
Co-Chair Hanley asked if the federal government would
continue to provide matching funds for these people. Mr.
Lively stated that the federal government would continue to
pay their share of that cost for all those in this country
before August 22, 1996.
Co-Chair Hanley asked why there would be an attrition rate
in the Medicaid portion of the proposed bill, observing that
there had not been a reduction in the general fund for
Medicaid. Mr. Sherwood advised that the reduction was not
indicated on the fiscal note and would not be related to the
passage of the legislation. State Statute stipulates that
money for new immigrants can not be spent through the
regular Medicaid program.
Mr. Sherwood continued, because of timing uncertainties,
there are questions as to when the provisions would take
affect. The fact that the Department will continue to
experience substantial costs in providing emergency
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services, the decision was made to include that data in the
low growth assumptions developed. Mr. Lively pointed out
that thirty-five states have opted into a similar welfare
program that Alaska created with the welfare reform.
SUZANNE GOODRICH, (TESTIFIED VIA TELECONFERENCE), EXECUTIVE
DIRECTOR, CATHOLIC SOCIAL SERVICES, ANCHORAGE, shared
observations of the effect on immigrants with welfare
reform. She noted that there are two different groups that
would be affected. The first group are those that are
currently receiving some form of public assistance and whose
benefits will be cut off. The second are those who enter
the country after August 22nd, and would not qualify to
receive any assistance for five years.
She emphasized that it is important to know that the
immigrants being cut off of assistance are full-time
permanent residents. They are in the country lawfully and
have paid into social security but are not yet citizens.
Ms. Goodrich emphasized that citizenship is an emotional,
lengthy and difficult process, especially for someone with a
language barrier, disability or other challenges.
Currently, there are 3,105 individuals who will be affected
because they are receiving assistance. Within that group,
430 are children under the age of eighteen and 631 are over
the age of sixty-four. There are 801 needy people who are
aged, blind or disabled. Catholic Community Services has
been assisting the municipality in providing a survey of
immigrants who will be loosing their assistance. She
stressed that when considering legislation that will affect
immigrants, it is also critical to consider the impact of
welfare reform. She stressed that the local communities can
not do all the work and urged Committee members to consider
passage of HB 153 and the full impact of welfare reform on
the Alaskan immigrants.
Co-Chair Hanley asked if a person had been residing in the
United States for seventeen years, would they then qualify
under the five year federal guideline. Ms. Goodrich replied
that would depend upon if they had worked. Mr. Lively
stated that if you were an alien who had been in the states
and had exemptions from being excluded, and if that person
had been a veteran, or worked for forty quarters, then they
would continue to receive benefits even if the five year ban
was imposed.
ROBIN BROWN, (TESTIFIED VIA TELECONFERENCE), DIRECTOR,
CATHOLIC SOCIAL SERVICES, ANCHORAGE, added, that there was
an initial five year ban which would prohibit lawful
permanent residents from receiving public assistance. After
the first five years, an additional provision would apply
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and the sponsor's income would then be taken into
consideration. If that income was above the established
income standard, the immigrant would not be eligible for
public assistance.
She pointed out that a new affidavit of support form will
create a contract between the sponsor, the immigrant and the
government. If the immigrant seeks to apply for public
assistance, the government would then pursue collection from
the sponsor.
Co-Chair Hanley asked if someone who has been in the country
for twenty years would be able to continue to receive
benefits with this legislation. Ms. Brown replied that it
would depend on whether or not they had worked for the
specified amount of time. Mr. Sherwood clarified, that
should the legislation not pass, that alien would need to
fall into one of the exempt categories.
SYLVIA CARVAJAL, (TESTIFIED VIA TELECONFERENCE), PROJECT
COORDINATOR, DISABILITY LAW CENTER, ANCHORAGE, stated that
her firm was attempting to identify individuals who would be
loosing their federal benefits. The firm was also providing
assistance for those that qualify for naturalization. The
time frame for naturalization exceeds six months. She urged
Committee members to move the bill from Committee.
Co-Chair Therriault MOVED to adopt Amendment #1. There
being NO OBJECTION, it was adopted.
Co-Chair Hanley MOVED to report CS HB 153 (FIN) out of
Committee with individual recommendations and with the
accompanying fiscal notes. There being NO OBJECTION, it was
so ordered.
CS HB 153 (FIN) was reported out of Committee with a "do
pass" recommendation and with four fiscal notes by the
Department of Health of Social Services dated 2/24/97.
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