Legislature(2021 - 2022)DAVIS 106
04/13/2021 03:00 PM House HEALTH & SOCIAL SERVICES
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Audio | Topic |
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Start | |
HB168 | |
HB103 | |
SB21 | |
Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
*+ | HB 168 | TELECONFERENCED | |
+ | HB 103 | TELECONFERENCED | |
+ | SB 21 | TELECONFERENCED | |
+ | TELECONFERENCED |
HB 168-ELECTRONIC APPLICATION FOR STATE BENEFITS 3:09:56 PM CO-CHAIR SNYDER announced that the first order of business would be HOUSE BILL NO. 168, "An Act requiring the Department of Health and Social Services to provide and allow submission of an electronic application for certain state benefits; and providing for an effective date." 3:10:20 PM CO-CHAIR SNYDER took a brief at-ease to pass the gavel to Co- Chair Zulkosky. 3:11:16 PM CO-CHAIR SNYDER, as prime sponsor, presented HB 168. She explained the bill would require the addition of an online submission option for public assistance applications through the state's internet site, but nothing in the bill would change current options for applying for public assistance. Current options include mailing, faxing, dropping off in person, and in some instances downloading, completing, and sending the application as an email attachment. She noted that during a budget subcommittee meeting, the Division of Public Assistance (DPA), Department of Health and Social Services (DHSS), stated that it is working to get the online submission option up and running. Thus, HB 168 would put the division's work into statute, thereby protecting it into the future. CO-CHAIR SNYDER related that HB 168 would apply to a variety of public assistance programs, including Medicaid for chronic and acute medical assistance; supplemental nutrition assistance through the Supplemental Nutrition Assistance Program (SNAP); adult public assistance; senior benefits program; heating assistance; Women, Infants, and Children (WIC) Program; and the Commodity Supplemental Food Program that is for seniors over 60 who need access to supplemental food; along with renewals and recertifications. 3:13:58 PM CO-CHAIR SNYDER discussed the three primary points of motivation for adding an online application submission as an option for these programs. She said the first motivation is that it modernizes the process to reflect typical current practices. For example, the United State Department of Agriculture (USDA), which administers SNAP, has been providing guidance to states on best practices for online SNAP applications since at least 2006. Alaska is one of a small number of states that does not yet have the online application option. Even before the COVID-19 pandemic, adding online submission options has been the trend because it addresses the other two motivations of HB 168. CO-CHAIR SNYDER related that the second motivation is to remove barriers to access. She explained that the purpose of public assistance programs is to help Alaskans get through a challenging time in their lives, and the fewer barriers put in front of that path the faster folks can achieve positive outcomes. While some barriers may not seem large, they can be a big deal. For example, having a printer is necessary when a signature on the application is required and cannot be done online. In Alaska's rural areas there may be issues with the frequency and consistency of postal service, adding excess time to the submission of an application. CO-CHAIR SNYDER conveyed that the third motivation is improved efficiency for the division through online applications. She said paper processing is slow and takes up much staff time, contributing to backlogs and long review times. The governor's budget, in anticipation of efficiencies that will be provided by online applications, included cuts of nearly $1 million in reduced needs for postage and supplies and the elimination of dozens of positions that would be unnecessary with online applications. She said a fiscal note has not yet been received but will be shared as soon as it is available. CO-CHAIR SNYDER summarized that HB 168 would put the division's current modernization work into statute and the addition of an online submission option for public assistance would remove barriers to access and improve processing efficiencies, saving money and time for the state. 3:18:07 PM ARIELLE WIGGIN, Staff, Representative Liz Snyder, Alaska State Legislature, provided a sectional analysis for HB 168 on behalf of Representative Snyder, prime sponsor. She paraphrased from the written sectional analysis titled, "SECTIONAL ANALYSIS, HB 168: ELECTRONIC APPLICATION FOR STATE BENEFITS, Ver. W," which read [original punctuation with some formatting changes]: Sec. 1: Adds a new subsection (19) to AS 47.05.010 Duties of Department requiring the Department of Health and Social Services to create and provide an entirely online application process for individuals applying for public assistance and defines an online application. It does not mandate applicants apply online or remove the written option. Sec. 2: Amends AS 47.08.150(b) Assistance For Chronic or Acute Medical Conditions by adding language requiring the Department of Health and Social Services to establish an entirely online application process for individuals applying for the Chronic and Acute Medical Assistance program. Sec. 3: Adds a new subsection (6) to AS 47.25.001(a) Powers and Duties that requires the department establish an entirely online application process and allows applicants to apply in any form required by state and federal law. Sec. 4: Adds a new section (7) to AS 47.25.071(e) Child Care Grant Program that requires the department establish an entirely online application process for assistance under the Child Care Grant Program. Sec. 5: Amends AS 47.25.095 Definitions For Day Care Assistance and Child Care Grant Programs to define electronic application. Sec. 6: Amends AS 47.25.150 Application For Assistance by adding language requiring the Department of Public Assistance to establish an entirely online application process for individuals applying for assistance from the department and defines an online application. Sec. 7: Amends AS 47.25.440 Application For Assistance by adding language requiring the Department of Health and Social Services to establish an entirely online application process for individuals applying to receive Adult Public Assistance and defines an online application. Sec. 8: Adds a new subsection (4) to AS 47.25.622 Alaska Affordable Heating Program requiring the Department of Health and Social Services to create and provide an entirely online application process for individuals applying for the Alaska Affordable Heating Program and defines an online application. Sec. 9: Adds a new subsection (4) to AS 47.25.980(a) Duties of Department requiring the Department of Public Assistance to create and provide an entirely online application process for individuals applying for the Supplemental Nutrition Assistance Program and defines an online application. Sec. 10: Amends AS 47.27.020(a) Application Requirements by adding language requiring the Department of Public Assistance to establish an entirely online application process for individuals applying for the Alaska Temporary Assistance Program. Defines online application. Sec. 11: Amends AS 47.45.302(a) Cash Assistance Benefits by adding language requiring the Department of Health and Social Services to establish an entirely online application process for individuals applying for the cash assistance program. Defines online application. Sec. 12: Adds a new section to the uncodified law of the State of Alaska allowing the Department of Health and Social Services to adopt regulations needed to create and implement online applications. Sec. 13: Requires Section 12 to take effect immediately under AS 01.10.070(c). Sec. 14: Provides an effective date of July 1, 2022. 3:19:26 PM CO-CHAIR ZULKOSKY opened invited testimony. 3:19:48 PM ROBBI MIXON, Executive Director, Alaska Farmers Market Association, Executive Director, Alaska Food Policy Council, provided invited testimony in support of HB 168. She stated that electronic public assistance applications would create greater government efficiencies and expand the number of people able to access these benefits. These benefits are a vehicle for accessing healthy food and allow for making healthier food choices. It also provides funds for local produce and quality proteins that are often outside of some people's budgets, providing more equity in accessing healthy foods. MS. MIXON noted that programs like SNAP increase recipients' purchasing power and allows them to access local foods or programs like farmers market SNAP and doubling programs. Bolstering opportunities like this for local farmers is in direct alignment with Governor Dunleavy's declared interest in expanding Alaska's agricultural industry. Increasing access to public food assistance benefits would also support Alaska's growing food sectors, increasing sales for Alaska's farmers and food producers. Every dollar spent in SNAP generates about $1.80 in economic activity for local economies. MS. MIXON added that allowing for electronic applications would go a long way in creating greater food security in Alaska, which is important given one in six Alaskan children go to bed each night food insecure. The bill holds many potential benefits with very low costs, she stated in conclusion. 3:22:34 PM CARA DURR, Director of Public Engagement, Food Bank of Alaska, provided invited testimony in support of HB 168. She related that the Food Bank hopes the bill will ensure that the division has the support and resources needed to achieve its goal of providing an online application. She said she oversees the Food Bank's SNAP Outreach Program, a federally funded program done in partnership with the state. Broadly, her program's charge is to provide education, outreach, application assistance, and case status updates for current and potential SNAP clients. MS. DURR noted that Alaska has a lower participation index for SNAP, about 76 percent, which speaks to the number of people who are eligible and able to access the program. According to the USDA, she continued, about 25 percent of the people in Alaska who are eligible are not accessing the program. Some of the reasons for this can be addressed and some cannot. One barrier is access and the lack of options on how to apply, and an online application would improve this. The current paper application requires a "wet" or "pen-to-paper" signature. The division is working on some alternative signature options, like an e- signature or a telephonic signature. The Food Bank has recently received a waiver from USDA specific to COVID-19 flexibilities, which allows the Food Bank to be an authorized representative and sign on behalf of clients who aren't able to see the Food Bank in person. Since it is tied to COVID-19 it is unknown how long this will last, but these are important flexibilities to continue because the more options the better. MS. DURR stated that given COVID-19, many DPA offices are closed, plus many communities don't have DPA offices; therefore, people don't have a way to get applications. Some clients don't have access to the online PDF document, some don't have printing or mailing capabilities, and some need help with understanding the questions that are asked on the 28-page application. The Food Bank is helping people over the phone by asking questions of the client and filling out the application on the Food Bank's end. If a client doesn't have printing capabilities, the Food Bank then mails the application to the client with a pre-paid return envelope, the client then reviews, signs, and mails back the application. This process can take weeks for clients in rural communities and many times the application doesn't get submitted for one reason or another. She said she knows that if clients had access to the internet and could self-submit, even with guidance from the Food Bank over the phone, it would be a great option for them and would save the mailing time and associated costs. MS. DURR said another benefit of an online application is that it can simplify the application per client. Currently clients can apply for multiple benefits at the same time, but that results in a long application and some of the questions are not always relevant. When helping clients, the Food Bank Outreach Team knows which questions are required and which aren't, which simplifies the daunting process for clients. She suggested making the online application predictive so it could allow clients to just answer the questions that are relevant to the programs they are applying for and could even provide further explanation of the information needed. She concluded by expressing the Food Bank's support for the bill. 3:27:57 PM REPRESENTATIVE KURKA drew attention to Section 5 of the bill and noted that the State of Alaska already has infrastructure for electronic signatures in the myAlaska system, a seemingly natural infrastructure from which to build this. He interpreted the bill's language as directing the department to have the application submitted through the department's website. He asked whether the bill would be building a competitive infrastructure. CO-CHAIR SNYDER replied that the interest is in whatever is necessary to create an efficiency. She said the language in the bill came from talking with the department and Legislative Legal Services. She deferred to the department to further answer the question. 3:30:08 PM SHAWNDA O'BRIEN, Director, Division of Public Assistance (DPA), Department of Health and Social Services (DHSS), responded that DPA has been exploring options to use myAlaska as the platform for validation and verification of an individual's identity given that that platform would be the most efficient and advantageous way to move forward. However, she explained, the division has been unable to get the USDA to allow using the myAlaska single sign-on for the application because it requires the individual to have an email address as a means for contacting them, and that goes against USDA's regulatory oversight. Therefore, DPA will most likely have to pursue another platform for folks to apply for SNAP benefits. The division is continuing to see if there is something else that would still enable taking advantage of myAlaska because that would make more sense. She added that DPA has used the argument that Alaska is unique in that most individuals applying for a permanent fund dividend (PFD) have a myAlaska account, which means that people are familiar with that already. REPRESENTATIVE KURKA asked whether the bill's current language would preclude DPA from using myAlaska if the division is able to make it work through the department's website. MS. O'BRIEN answered that she does not believe the language in the bill would prohibit DPA from doing whatever means it needed to make that happen. She said she reads the bill as giving DPA the flexibility to use any internet type platform as long as the recipients are not in any way excluded from participating. REPRESENTATIVE KURKA inquired about the percentage of Alaskans who use myAlaska versus other options to apply for the PFD. MS. O'BRIEN offered her understanding that more Alaskans use it to apply for their PFD than not, but she doesn't know the number. 3:33:29 PM REPRESENTATIVE SPOHNHOLZ asked whether DPA's work to create an online application process is being done in-house or through contracting. MS. O'BRIEN replied that DPA has been communicating with the vendor that did the PFD application, as well as the document management system, for the Department of Revenue. She stated that this vendor also developed and implemented DPA's document management system, and that DPA has been working with the vendor to ensure that the division's document management system and its workflow management system are aligned to receive all those documents electronically. Right now, she continued, DPA is entering into the initial procurement stages of that project and hopes to have the procurements approved and work underway in the next couple months. The work the vendor has done with the PFD includes the ability of the application to be predictive so that it streamlines and limits the types of questions an individual is made to respond to when applying, for example, for just SNAP. This is advantageous to DPA and will be beneficial for both the user and DPA staff. She pointed out that the USDA funding currently being made available to states is a good opportunity for DPA to maximize its federal funding sources to fund this project. The division is trying to take advantage of that, so it is using less state general funds from its capital projects to accomplish this. REPRESENTATIVE SPOHNHOLZ remarked that it seems the predictive application could be constructive because some people may not understand that they don't need to fill out every page of the application. She noted that people can already apply for Medicaid at myAlaska.gov. She asked whether there are any provisions in the American Rescue Plan Act of 2021 (ARPA) that might be used in addition to the USDA funding. MS. O'BRIEN answered that there is funding under the ARPA to cover 100 percent of the administrative costs, so DPA has been working to identify what documentation is necessary to take advantage of that funding going forward for as long as that funding will be available. She added that the division is getting close to having those answers. 3:37:33 PM REPRESENTATIVE SPOHNHOLZ offered her understanding that an email address is needed on the USDA's SNAP application and that the state could potentially apply for a waiver to the USDA. She inquired whether there are any other programs that would require some special permission from the federal government to do this. MS. O'BRIEN replied that it is the reverse the USDA requirements would not allow DPA to require that an individual provide an email address as a part of the authentication and that is what DPA is has been trying to work through. She stated that because DPA wants to get this going and get something in place sooner than later, the division is proceeding as if it will not be able to take advantage of the myAlaska platform for SNAP benefits. She said there aren't any restrictions in place for the other programs that would be prohibitive that way. REPRESENTATIVE SPOHNHOLZ asked whether DPA is proceeding as if a waiver won't be received for using myAlaska, or whether DPA is assuming that it cannot get a waiver and is not going to try. MS. O'BRIEN responded that in this case there is not an option for DPA to apply for a waiver. She related that she has put in writing to USDA the argument that many of the recipients in Alaska are already using myAlaska for applying for the PFD. Using that logic she was hoping to persuade USDA to give DPA permission to use the myAlaska platform and still have options for folks who don't have an email address to use some other platform. 3:40:21 PM REPRESENTATIVE MCCARTY asked whether the USDA is giving DPA any solutions for not being able to use myAlaska or when people don't have an email address. MS. O'BRIEN answered that the USDA requires a mailing address for communicating with recipients, so DPA would have an option for folks to elect to communicate with the division; however, DPA cannot require folks to have an email and that is where the difference is. She said myAlaska requires individuals to have an email address as a means for communication or identification, but DPA cannot use that for the purposes of the application for SNAP; DPA has to have the mailing address as the primary means of communication and notification. Responding further to Representative McCarty, she confirmed that DPA must require a mailing address but cannot require an email address. REPRESENTATIVE MCCARTY inquired about checks and balances for fraud given that multiple people may use the same mailing address. MS. O'BRIEN confirmed that multiple individuals may share a single mailing address. She stated that for purposes of the program, validation of the residence or the mailing address being used on record is something DPA's fraud unit would look into if there were reasons to suspect that an individual was fraudulently using the system. Regarding the application, she said many folks may use the same mailing address for various reasons, but she cannot speak to what the requirements are for USDA's purposes in terms of validating an individual based on a mailing address versus an email address. She offered to get additional information to the committee. 3:43:49 PM CO-CHAIR SNYDER stated that the addition of an online application does not affect the possibility of some misuse in addition to what is already possible with the other forms of application, and therefore it is a separate question. She said the level of misuse and abuse is a single digit percentage and that [DPA] has been working over the years to address that, such as using electronic benefit transfer cards. MS. DURR agreed with Co-Chair Snyder's summation. She said SNAP has very low rates of fraud, waste, and abuse, and she doesn't see an online application as inviting more fraud. Fraud is taken seriously, she added, because the program is important and DPA doesn't want to see people misusing it. REPRESENTATIVE MCCARTY stated that he likes making things easier to process but asked what is being done in the electronic system to recognize red flags. CO-CHAIR ZULKOSKY responded that this is a related but separate question that can be discussed when the committee again considers HB 168. She said the bill focuses on creating an online application system, not on conflating the two issues. 3:46:56 PM REPRESENTATIVE PRAX inquired whether this idea could be accomplished without passing a statute. CO-CHAIR SNYDER answered that part of the motivation is to provide statutory support for this work that has begun but has taken quite a long time to achieve. She said procurement is required which has an associated cost, and that has been addressed in the budget. But the number one reason is because if [the state] is going to invest and get this best practice operational in this department, having it in statute protects the online application option from being easily removed by future administrations. As seen with other states that have adopted this, it is a good plan, improves efficiency, saves time, and removes barriers to access these programs, and having it in statute protects that. REPRESENTATIVE PRAX asked whether a fiscal note will be associated with the bill given it is a project with a beginning and an end and a cost somewhere. CO-CHAIR SNYDER replied that a fiscal note is being awaited and will be provided to the committee as soon as it is received. She concurred that a cost is anticipated but said it is expected that the cost will be balanced out with some of the proposed cuts that foresee the savings generated by putting it online. 3:49:13 PM REPRESENTATIVE PRAX noted that the word "needy" is used several times throughout the bill. He maintained that this word is unnecessary and asked whether this language could be cleaned up. CO-CHAIR SNYDER offered her understanding and suggested that it is an amendment the committee could consider. She noted that the bill also references the outdated term "food stamps," which has been brought to the attention of DHSS as a possible change. 3:50:33 PM REPRESENTATIVE KURKA conveyed that 15.16 percent of PFD applications are through paper, 8.07 percent are online paper signature, and 76.77 percent are the online electronic signature process. He stated that procuring and having a mailing address would be more difficult than an email address but qualified that this is not meant as an argument with DHSS. CO-CHAIR ZULKOSKY announced that public testimony on HB 168 will be heard on 4/15/22. [HB 168 was held over.]
Document Name | Date/Time | Subjects |
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HB 103 Transmittal Letter 2.17.21.pdf |
HHSS 4/13/2021 3:00:00 PM HSTA 3/18/2021 3:00:00 PM |
HB 103 |
HB 103 Sectional Analysis Version GH 1675 A.pdf |
HHSS 4/13/2021 3:00:00 PM HSTA 3/18/2021 3:00:00 PM |
HB 103 |
HB 103 Version 32-GH1675 A.pdf |
HHSS 4/13/2021 3:00:00 PM HSTA 3/18/2021 3:00:00 PM |
HB 103 |
HB0103 Fiscal Note 1-2-021821-DHS-N.pdf |
HHSS 4/13/2021 3:00:00 PM HSTA 3/18/2021 3:00:00 PM |
HB 103 |
HB 103 Additional Information - Final Rule 42 CFR 441.301c.pdf |
HHSS 4/13/2021 3:00:00 PM HSTA 3/18/2021 3:00:00 PM |
HB 103 |
HB 103 Additional Information - HCBS Transition Plan (DHSS).pdf |
HHSS 4/13/2021 3:00:00 PM HSTA 3/18/2021 3:00:00 PM |
HB 103 |
HB 103 Hearing Request.pdf |
HHSS 4/13/2021 3:00:00 PM HSTA 3/18/2021 3:00:00 PM |
HB 103 |
HB 103 Letter of Support - All Ways Caring.pdf |
HHSS 4/13/2021 3:00:00 PM HSTA 3/18/2021 3:00:00 PM |
HB 103 |
09 HB 103 Letter of Support - LTCO 3.16.21.pdf |
HHSS 4/13/2021 3:00:00 PM HSTA 3/18/2021 3:00:00 PM |
HB 103 |
HB 103 One Page Summary (003).pdf |
HHSS 4/13/2021 3:00:00 PM |
HB 103 |
HB 103 Final Rule 42 CFR 441.301c.pdf |
HHSS 4/13/2021 3:00:00 PM |
HB 103 |
HB 103 FAQ on Final Rule prepared by Coalition for Community Choice.pdf |
HHSS 4/13/2021 3:00:00 PM |
HB 103 |
HB 103 Additional Information - Final Rule 42 CFR 441.301c.pdf |
HHSS 4/13/2021 3:00:00 PM HSTA 3/18/2021 3:00:00 PM |
HB 103 |
HB 103 Additional Information - One Page Summary by SDS.pdf |
HHSS 4/13/2021 3:00:00 PM HSTA 3/18/2021 3:00:00 PM |
HB 103 |
HB 103 Letter of Support - ACoA 3.8.21.pdf |
HHSS 4/13/2021 3:00:00 PM HSTA 3/25/2021 3:00:00 PM |
HB 103 |
HB 103 Letter of Support - Colony Assisted Living Home 3.24.21.pdf |
HHSS 4/13/2021 3:00:00 PM HSTA 3/25/2021 3:00:00 PM |
HB 103 |
HB 103 Letter of Support - MSHF 3.26.21.pdf |
HHSS 4/13/2021 3:00:00 PM HSTA 4/1/2021 3:00:00 PM |
HB 103 |
HB 103 Letter of Support - AK Regional Hospital 3.26.21.pdf |
HHSS 4/13/2021 3:00:00 PM HSTA 4/1/2021 3:00:00 PM |
HB 103 |
SB 89 AARP Support HB103 and SB89.pdf |
HHSS 4/13/2021 3:00:00 PM HHSS 4/29/2021 3:00:00 PM SFIN 4/7/2021 9:00:00 AM |
HB 103 SB 89 |
SB 21 version B.pdf |
HHSS 4/13/2021 3:00:00 PM SHSS 3/2/2021 1:30:00 PM |
SB 21 |
SB 21 Sponsor Statement.pdf |
HHSS 4/13/2021 3:00:00 PM SHSS 3/2/2021 1:30:00 PM |
SB 21 |
SB 21 Fiscal Note DHSS.pdf |
HHSS 4/13/2021 3:00:00 PM SHSS 3/2/2021 1:30:00 PM |
SB 21 |
SB 21 Fiscal Note DCCED.pdf |
HHSS 4/13/2021 3:00:00 PM SHSS 3/2/2021 1:30:00 PM |
SB 21 |
SB 21 Sectional Analysis.pdf |
HHSS 4/13/2021 3:00:00 PM SHSS 3/2/2021 1:30:00 PM |
SB 21 |
SB 21 Point Paper.pdf |
HHSS 4/13/2021 3:00:00 PM SHSS 3/2/2021 1:30:00 PM |
SB 21 |
SB 21 Updated Sectional Analysis 3.1.21.pdf |
HHSS 4/13/2021 3:00:00 PM |
SB 21 |
SB 21 v. B Sectional Analysis.pdf |
HHSS 4/13/2021 3:00:00 PM SL&C 3/15/2021 1:30:00 PM |
SB 21 |
SB 21 v. B.pdf |
HHSS 4/13/2021 3:00:00 PM SL&C 3/15/2021 1:30:00 PM |
SB 21 |
HB 168 Sectional Analysis, Ver W..pdf |
HHSS 4/13/2021 3:00:00 PM |
HB 168 |
HB 168, Ver W..PDF |
HHSS 4/13/2021 3:00:00 PM |
HB 168 |
HB 168 Sponsor Statemen.pdf |
HHSS 4/13/2021 3:00:00 PM |
HB 168 |