Legislature(2007 - 2008)CAPITOL 106

03/06/2007 03:00 PM House HEALTH, EDUCATION & SOCIAL SERVICES


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 148 SENIOR CARE TELECONFERENCED
Moved Out of Committee
*+ HB 136 DENTAL HYGIENISTS TELECONFERENCED
Moved Out of Committee
*+ HB 159 STILLBIRTH CERTIFICATE TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
HB 148-SENIOR CARE                                                                                                            
                                                                                                                                
3:03:13 PM                                                                                                                    
                                                                                                                                
CHAIR WILSON announced that the  first order of business would be                                                               
HOUSE BILL NO. 148, "An Act  relating to the senior care program;                                                               
and providing for an effective date."                                                                                           
                                                                                                                                
3:03:42 PM                                                                                                                    
                                                                                                                                
KARLEEN  JACKSON, Commissioner,  Department  of  Health &  Social                                                               
Services (DHSS),  presented HB 148, paraphrasing  from a prepared                                                               
statement,   which   read   as  follows   [original   punctuation                                                               
provided]:                                                                                                                      
     The  SeniorCare  program  helps low-income  seniors  in                                                                    
     Alaska by providing cash assistance  of $120 a month or                                                                    
     a prescription drug  subsidy for Medicare Part  D.  The                                                                    
     SeniorCare program  is due  to sunset  June 30  of this                                                                    
     year.                                                                                                                      
                                                                                                                                
     More than 7,000 seniors use the program                                                                                    
     15 percent of the state's senior population                                                                                
     demonstrating  that it  is needed  and  used by  Alaska                                                                    
     seniors.                                                                                                                   
                                                                                                                                
     Governor  Palin   is  proposing  this   legislation  to                                                                    
     improve the  program and extend SeniorCare  for another                                                                    
     five years.                                                                                                                
                                                                                                                                
     Changes to  SeniorCare will help keep  it effective and                                                                    
     simplify the administration of the program                                                                                 
     includes updating the income  limit for eligibility and                                                                    
     eliminating the prescription drug assistance program.                                                                      
                                                                                                                                
     The  current SeniorCare  income eligibility  threshold,                                                                    
     frozen  at  135 percent  of  the  2005 federal  poverty                                                                    
     limit, does  not reflect the  reality of  rising costs.                                                                    
     The  current, annually  adjusted federal  poverty level                                                                    
     for Alaska  must be used  to keep pace with  the rising                                                                    
     cost  of   living,  which  is  what   this  legislation                                                                    
     proposes.                                                                                                                  
                                                                                                                                
     By  tying  SeniorCare  eligibility to  current  federal                                                                    
     poverty  rates,  updated  each  year,  modest  cost-of-                                                                    
     living adjustments  to seniors' income, such  as Social                                                                    
     Security,  will not  nudge them  over the  income limit                                                                    
     for eligibility.                                                                                                           
                                                                                                                                
     The   change  would   raise  eligibility   levels  only                                                                    
     modestly:   at the  2007 poverty level,  the SeniorCare                                                                    
     income limit would rise to  $17,240 for a single person                                                                    
     and   $23,112   for   a  couple   (Current   SeniorCare                                                                    
     eligibility:  $16,133/Single,   $17,240/couple).    The                                                                    
     liquid assets  these seniors would  be allowed  to hold                                                                    
     would stay the same                         vidual and                                                                     
     $9,000 for a couple.                                                                                                       
                                                                                                                                
     There  is low  demand for  the SeniorCare  prescription                                                                    
     drug subsidy                                                                                                               
     that  assistance.    A   statewide  survey  found  many                                                                    
     seniors   have  access   to  insurance   which  covered                                                                    
     premiums and deductibles, or they qualified for other                                                                      
    assistance,   which   is   why    we   had   such   low                                                                     
     participation.                                                                                                             
                                                                                                                                
         Therefore we are eliminating this benefit, and                                                                         
        simplifying the administration of the SeniorCare                                                                        
     program.                                                                                                                   
                                                                                                                                
3:07:07 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON referred  to  the  annual federal  poverty                                                               
guidelines, stipulated on page 2, line  7, and asked if these are                                                               
published, and available for implementation,  when a senior makes                                                               
application to  the program,  or if application  is based  on the                                                               
previous year's poverty guidelines.                                                                                             
                                                                                                                                
3:07:52 PM                                                                                                                    
                                                                                                                                
ELLIE   FITZJARRALD,   Acting   Director,  Division   of   Public                                                               
Assistance (DPA), Department of  Health & Social Services (DHSS),                                                               
responded  that  the  annual,  federal,  poverty  guidelines  are                                                               
published   at  the   beginning  of   each  calendar   year,  and                                                               
implemented immediately by the state.                                                                                           
                                                                                                                                
3:08:31 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON  clarified  that   a  senior  applying  at                                                               
anytime,  during  the  year,  would  have  a  possibility  to  be                                                               
eligible for the program.                                                                                                       
                                                                                                                                
MS.  FITZJARRALD explained  that  a senior's  renewal process  is                                                               
based on their  income on the date of the  application.  This can                                                               
change any  given month, based  on the fluctuation of  a senior's                                                               
monthly income; however, she noted  that most of the seniors have                                                               
static incomes.   To a follow-up question, she stated  that, if a                                                               
senior's application  is denied based on  the poverty guidelines,                                                               
the senior is counseled to reapply.                                                                                             
                                                                                                                                
3:11:14 PM                                                                                                                    
                                                                                                                                
CHAIR  WILSON established  that  the state's  fiscal year  begins                                                               
                     st                                                                                                         
annually  on  July  1,   and  asked how  the  federal  guidelines                                                               
interface with Alaska's budgeting process.                                                                                      
                                                                                                                                
MS.  FITZJARRALD answered  that  the division  uses a  historical                                                               
average for budget requests.                                                                                                    
                                                                                                                                
3:12:04 PM                                                                                                                    
                                                                                                                                
MICHAEL FORD, Alaska  Native Health Board, stated  support for HB
148, and  said that it  represents an  important aspect of  a low                                                               
income  senior's   monthly  income.    He   recommended  that  an                                                               
amendment be considered to remove the sunset date.                                                                              
                                                                                                                                
3:13:31 PM                                                                                                                    
                                                                                                                                
HERB SIMON, stated support for HB  148, and asked how the poverty                                                               
level is determined.                                                                                                            
                                                                                                                                
CHAIR WILSON responded that it  is a federally established level,                                                               
and the state  department decides "what percentage  of that we're                                                               
going to accept."                                                                                                               
                                                                                                                                
MR. SIMON pointed  out that the federal employees draw  a cost of                                                               
living allowance (COLA), and suggested  that the federal standard                                                               
may be skewed with what the actual living costs are in Alaska.                                                                  
                                                                                                                                
CHAIR WILSON agreed, and observed  this as the reason that Alaska                                                               
uses 135  percent of the  federal poverty level vs.  100 percent,                                                               
when determining eligibility for this benefit.                                                                                  
                                                                                                                                
MR.  SIMON  inquired  how this  contrasts  with  previous  senior                                                               
benefit levels.                                                                                                                 
                                                                                                                                
CHAIR  WILSON speculated  that  a set  amount  was utilized,  and                                                               
offered to have this clarified by the department.                                                                               
                                                                                                                                
REPRESENTATIVE  FAIRCLOUGH  offered  that  the  amount  had  been                                                               
frozen,  using the  2005 poverty  level,  but that  has now  been                                                               
released to  allow the benefit to  keep pace with cost  of living                                                               
increases.                                                                                                                      
                                                                                                                                
CHAIR  WILSON  opined  that   this  modification  should  protect                                                               
seniors  from  being  denied benefits,  if  they  are  borderline                                                               
eligible, as happened in the past year.                                                                                         
                                                                                                                                
MR. SIMON commented that a "one  size fits all" approach does not                                                               
always work  in Alaska, with  the wide variation of  living costs                                                               
between the  urban and  remote areas.   He  urged passage  of the                                                               
bill.                                                                                                                           
                                                                                                                                
3:17:38 PM                                                                                                                    
                                                                                                                                
PAT  LUBY, Advocacy  Director,  American  Association of  Retired                                                               
Persons (AARP), stated support for  HB 148, citing the importance                                                               
of  the governor's  proposal to  include annual  indexing of  the                                                               
program based on  the federal poverty level.   He suggested three                                                               
areas that  require additional consideration by  the legislature:                                                               
the  assets test  limiting  the savings  of  elders; raising  the                                                               
monthly stipend  from $120 to  possibly $150; and the  gap, which                                                               
140  seniors  experienced,  due  to  the  federal  poverty  level                                                               
adjustment.                                                                                                                     
                                                                                                                                
3:20:02 PM                                                                                                                    
                                                                                                                                
CHAIR WILSON closed public testimony.                                                                                           
                                                                                                                                
3:20:14 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON referred to the  fiscal note, and asked why                                                               
the yearly total  for FY 2013 indicates a $7  million increase to                                                               
$12  million; the  previous 5  year totals  are approximately  $5                                                               
million.                                                                                                                        
                                                                                                                                
3:20:48 PM                                                                                                                    
                                                                                                                                
JANET  CLARKE, Assistant  Commissioner,  Department  of Health  &                                                               
Social  Services  (DHSS), explained  how  the  FY 2013  total  is                                                               
effected by  the five year  sunset clause,  requiring legislative                                                               
action for  reauthorization.   She described  the fiscal  note in                                                               
further detail.                                                                                                                 
                                                                                                                                
3:24:52 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ROSES  stated that  the fiscal note  is confusing,                                                               
particularly  because  it  is  projected  for  a  future  budget.                                                               
Further,  he  attempted to  establish  how  the Alaska  Longevity                                                               
Bonus  (ALB)  projections  and  the  Senior  Care  Program  costs                                                               
interface in the fiscal note analysis.                                                                                          
                                                                                                                                
MS. CLARKE directed the committee's  attention to the second page                                                               
of the fiscal  note, labeled Assumptions, and  explained that the                                                             
fiscal note is consistent with the established assumptions.                                                                     
                                                                                                                                
[Further committee  discussion ensued to clarify  the fiscal note                                                               
assumptions in conjunction with the two senior programs.]                                                                       
                                                                                                                                
3:28:36 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON requested  that the  committee receive  an                                                               
analysis for  HB 148, without  the complication of  other issues,                                                               
or  a contingency  based  on the  passage of  another  bill.   He                                                               
referred to page  2, line 4, and asked if  the age 65 requirement                                                               
should state "must be Medicare  eligible," to correspond with any                                                               
federal changes that may occur.                                                                                                 
                                                                                                                                
MS. CLARKE responded, "This is  a state funded program; the state                                                               
can set the rules.   The current rules are 65."   She pointed out                                                               
that this is a cash benefit,  which sets it apart from a Medicare                                                               
health benefit.                                                                                                                 
                                                                                                                                
3:36:02 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  FAIRCLOUGH   moved  to  report  HB   148  out  of                                                               
committee  with individual  recommendations and  the accompanying                                                               
amended  fiscal notes.   There  being  no objection,  HB 148  was                                                               
reported out of  the House Health, Education  and Social Services                                                               
Standing Committee.                                                                                                             
                                                                                                                                

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