02/25/2009 01:30 PM Senate HEALTH & SOCIAL SERVICES
| Audio | Topic |
|---|---|
| Start | |
| SB96 | |
| SB32 | |
| SB35 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 35 | TELECONFERENCED | |
| *+ | SB 96 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| = | SB 32 | ||
ALASKA STATE LEGISLATURE
SENATE HEALTH AND SOCIAL SERVICES STANDING COMMITTEE
February 25, 2009
1:32 p.m.
MEMBERS PRESENT
Senator Bettye Davis, Chair
Senator Joe Paskvan, Vice Chair
Senator Johnny Ellis
Senator Joe Thomas
Senator Fred Dyson
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
SENATE BILL NO. 96
"An Act relating to nonpayment of child support; relating to
certain judicial and administrative orders for medical support
of a child; relating to periodic review and adjustment of child
support orders; relating to relief from administrative child
support orders; relating to child support arrearages; relating
to medical support of a child and the Alaska Native family
assistance program; amending Rule 90.3, Alaska Rules of Civil
Procedure; and providing for an effective date."
HEARD AND HELD
SENATE BILL NO. 32
"An Act relating to medical assistance payments for home and
community-based services."
MOVED CSSB 32(HSS) OUT OF COMMITTEE
SENATE BILL NO. 35
"An Act extending the termination date of the Statewide Suicide
Prevention Council; and providing for an effective date."
MOVED CSSB 35(HSS) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: SB 96
SHORT TITLE: CHILD SUPPORT/ CASH MEDICAL SUPPORT
SPONSOR(s): HEALTH & SOCIAL SERVICES
02/04/09 (S) READ THE FIRST TIME - REFERRALS
02/04/09 (S) HSS, JUD, FIN
02/25/09 (S) HSS AT 1:30 PM BUTROVICH 205
BILL: SB 32
SHORT TITLE: MEDICAID:HOME/COMMUNITY BASED SERVICES
SPONSOR(s): SENATOR(s) ELLIS
01/21/09 (S) READ THE FIRST TIME - REFERRALS
01/21/09 (S) HSS, FIN
01/21/09 (S) PREFILE RELEASED 1/9/09
02/04/09 (S) HSS AT 1:30 PM BUTROVICH 205
02/04/09 (S) Heard & Held
02/04/09 (S) MINUTE(HSS)
02/23/09 (S) HSS AT 1:30 PM BUTROVICH 205
02/23/09 (S) Heard & Held
02/23/09 (S) MINUTE(HSS)
02/25/09 (S) HSS AT 1:30 PM BUTROVICH 205
BILL: SB 35
SHORT TITLE: EXTEND SUICIDE PREVENTION COUNCIL
SPONSOR(s): SENATOR(s) DAVIS
01/21/09 (S) PREFILE RELEASED 1/9/09
01/21/09 (S) READ THE FIRST TIME - REFERRALS
01/21/09 (S) HSS, FIN
01/26/09 (S) HSS AT 1:30 PM BUTROVICH 205
01/26/09 (S) Heard & Held
01/26/09 (S) MINUTE(HSS)
02/25/09 (S) HSS AT 1:30 PM BUTROVICH 205
WITNESS REGISTER
LINDA ZAUGG, staff to Senator Davis
Alaska State Legislature
Juneau, AK
POSITION STATEMENT: Commented on SB 96 for the sponsor.
GINGER BLAISDELL, Legislative Liaison
Department of Revenue
POSITION STATEMENT: Commented on SB 96.
JOHN MALLONEE, Director
Child Support Services Division
Department of Revenue (DOR)
POSITION STATEMENT: Supported SB 96.
STACY STEINBERG
Department of Law (DOL)
POSITION STATEMENT: Available to answer questions on SB 96.
DANA L. OLSON, representing herself
POSITION STATEMENT: Commented on issues surrounding SB 96.
SENATOR ELLIS
Alaska State Legislature
Juneau, AK
POSITION STATEMENT: Sponsor of SB 32.
MAX HENSLEY, staff to Senator Ellis
Alaska State Legislature
Juneau, AK
POSITION STATEMENT: Answered questions on SB 32 for the sponsor.
JON SHERWOOD
Medicaid Special Projects
Department of Health and Social Services (DHSS)
POSITION STATEMENT: Supported SB 32.
DIANE CASTO, Manager
Prevention and Early Intervention Section
Department of Health and Social Services (DHSS)
POSITION STATEMENT: Supported SB 35.
PAT DAVIDSON, Legislative Auditor
Division of Legislative Audit
Legislative Affairs Agency
POSITION STATEMENT: Supported SB 35.
ACTION NARRATIVE
1:32:02 PM
CHAIR BETTYE DAVIS called the Senate Health and Social Services
Standing Committee meeting to order at 1:32 p.m. Present at the
call to order were Senators Paskvan, Ellis, Dyson and Davis.
SB 96-CHILD SUPPORT/ CASH MEDICAL SUPPORT
1:32:13 PM
CHAIR DAVIS announced consideration of SB 96.
LINDA ZAUGG, staff to Senator Davis, read the sponsor statement
for SB 96 as follows:
In July 2008, the federal government issued new
medical support regulations that require states to
have guidelines addressing how either or both parents
will provide for a child's healthcare needs through
accessible health insurance coverage, cash medical
support, or both. Under the federal regulations,
states must order either or both parents to purchase
reasonably-priced, accessible health insurance
coverage, provide cash medical support or both. Cash
medical support may be required in those states where
no reasonably-priced health insurance coverage is
accessible to the child. If a parent is ordered to pay
cash medical support, the Child Support Services
Division must enforce the ongoing cash medical support
obligation as well as collect any cash medical support
arrears. Failure to satisfy these mandates jeopardizes
$17 million in federal funding for the state's child
support program. Alaska's request for a waiver was
denied by the federal government in January 2009.
This bill adds to existing law the authority for a
tribunal to order either or both parents to pay cash
medical support, if warranted. In addition, the bill
directs CSSD to review child support orders for
modification on a federally mandated three-year cycle.
The bill adds cash medical support to the definition
of arrearage and the definition of support order,
thereby enabling CSSD to use its existing enforcement
tools to collect a cash medical support obligation on
behalf of the child.
1:34:44 PM
Finally, the bill removes the language limiting who
may request the correction of a clerical mistake in an
administrative order or request the vacation of an
administrative order based upon a default outcome.
This bill puts Alaska in compliance with the federal
requirements. As explained above, this bill will
assure that Alaska's children receive the medical
support to which they are entitled.
1:35:14 PM
GINGER BLAISDELL, Legislative Liaison, Department of Revenue,
introduced department staff on teleconference that would be
providing information on SB 96.
1:36:33 PM
JOHN MALLONEE, Director, Child Support Services Division,
Department of Revenue (DOR), said that this is a federally
mandated program, and this bill allows the state its
requirements for child support.
MR. MALLONEE explained that under the new federal regulations
either or both parents must provide cash medical support. While
insurance coverage is preferred, cash support may be required
where it is not reasonably available. This adds to existing law
and further assures that children receive the medical support to
which they are entitled.
The bill says that CSSD clients can request a review at any
time. Federal regulations require the state to have procedures
under which child support orders must be reviewed and be
appropriately modified every three years. This bill requires the
agency to perform the reviews with the review cycle. However, it
doesn't limit clients' ability to request a review at any time.
CSSD has an automated system that collects income data from the
parties in each case once a year to perform calculations to
determine if the case meets the criteria. A notice is sent to
both parties when modification criterion is met.
In addition to these federal requirements, the bill removes the
language limiting who can request the correction of a clerical
mistake in an administrative child support order or who may
request vacation of an administrative order based on false
income. Currently in those situations only the [indisc.] can
request these actions.
1:40:58 PM
STACY STEINBERG, Department of Law (DOL), said she was available
to answer questions.
1:41:21 PM
DANA L. OLSON, representing herself, said, "For the record, I am
opting out of your proceedings, and I have a number of reasons
why." She gave them notice that this issue is not reviewable
under claim of privilege under National Defense Law. She said
the state is subject to the 13th amendment of dictating slavery
and that issue is already in federal courts. She also stated
that HB 645 allows each state to adopt sovereignty, and that
this bill seems to be part of the dictate of the federal
government that gives children more rights than their parents.
CHAIR DAVIS asked Ms. Olson if she understood what bill is being
considered.
MS. OLSON said she does understand.
MR. MALLONEE said he does not see how the previous testimony
applies to this bill at all.
1:50:21 PM
SENATOR PASKVAN moved to adopt work draft CS for SB 96, labeled
26-LS0485\E, as the working document.
SENATOR THOMAS objected for discussion.
SENATOR DYSON asked if it's true that federal regulation states
that either or both parents must provide health care insurance.
MR. MALLONEE answered that is correct; 42 US Code says that
also.
SENATOR DYSON asked if a financially capable parent who wanted
to pay his own bills and not have health insurance could do so.
MR. MALLONEE replied yes. Parents have to purchase reasonably
priced insurance; if no insurance is available, they have to put
up cash support.
1:53:16 PM
SENATOR DYSON said wanted to verify that he meant "yes" - the
regulation says a person can't be self-insured.
MR. MALLONEE responded if the question is whether a person can
elect not to buy health insurance and rather provide cash
medical support that would not be okay.
1:54:10 PM
CHAIR DAVIS clarified if a parent has the cash and wants to pay
for the insurance they can.
MR. MALLONEE agreed.
SENATOR DYSON asked if the sentence that says "states must order
either or both parents to purchase reasonably priced accessible
health insurance" should have said "or provide cash medical
support".
CHAIR DAVIS said he was probably correct. She asked that they
take this issue up at a later time rather than during the
committee meeting.
1:57:53 PM
MR. MALLONEE said the purpose of the federal Uniform Interstate
Family Support Act (UIFSA) is to provide efficient procedures to
collect child support inter-state cases and to eliminate
multiple support orders that were permitted under previous child
support law. In 1995, Alaska adopted its version of UIFSA using
a different definition of "state." In 1996, Congress passed
legislation that mandated the states adopt the UIFSA to be
eligible to continue receiving federal funding for their child
support programs. Alaska's definition of "state" does not
currently include two entities that are included in UIFSA - the
U.S. Virgin Islands and an Indian Tribe. This bill would
incorporate these two into the Alaska UIFSA statute.
SENATOR DYSON said that, having gotten pretty involved in this
child support issue over the years, he is concerned that they
might be doing something that would frustrate some advocacy
group, and he wanted to know if anything in this bill could be
perceived to be against the interests of any of the interested
parties.
CHAIR DAVIS remarked that there were concerns about the original
bill, but the CS addressed them.
2:01:29 PM
MS. BLAISDELL responded that the Department of Revenue (DOR) has
not received any negative comment on it.
SENATOR DYSON said he thought that all of the custodial parents
out there know that this is naïve.
CHAIR DAVIS set SB 96 aside.
SB 32-MEDICAID:HOME/COMMUNITY BASED SERVICES
2:04:36 PM
CHAIR DAVIS announced consideration of SB 32 [CS for SB 32,
labeled 26-LS0218\C was before the committee].
SENATOR ELLIS, sponsor of SB 32, said he had the information
requested by the committee at the last meeting.
2:05:06 PM
MAX HENSLEY, staff to Senator Ellis, said the committee
requested data regarding potential increments in the Department
of Health and Social Services (DHSS) budget that would cover an
immediate increase in the rates paid to home and community-based
providers. The original fiscal note for SB 32 said those
increments would cost 2.8 percent for fiscal year 2010, which
would be equivalent to the home health agency inflation factor
that the department feels is the most similar inflation factor.
It would cost $3.9 million in the current year's budget.
2:07:01 PM
SENATOR DYSON said he wanted to hear about the administration's
reservations.
CHAIR DAVIS said their concern was about immediate
implementation and that had been resolved.
2:08:29 PM
JON SHERWOOD, Medicaid Special Projects, Department of Health
and Social Services (DHSS), said the department had concerns
with language around rate setting, but it is willing to take
those up in the Finance Committee, and he was satisfied with the
bill at this point.
2:09:52 PM
SENATOR PASKVAN moved to report CSSB 32(HSS) from committee with
individual recommendations and attached fiscal note(s). There
being no objection, the motion carried.
SB 35-EXTEND SUICIDE PREVENTION COUNCIL
2:10:55 PM
CHAIR DAVIS announced consideration of SB 35.
DIANE CASTO, Manager, Prevention and Early Intervention Section,
Department of Health and Social Services (DHSS), said the
Suicide Prevention Council recommended changes to the membership
that had been part of the recommendations of Legislative Audit.
2:12:58 PM
SENATOR PASKVAN moved to adopt work draft CS for SB 35, labeled
26-LS0229\R, as the working document. There being no objection,
version R was before the committee.
2:14:24 PM
PAT DAVIDSON, Legislative Auditor, Division of Legislative
Audit, said the Audit's only recommendation that would involve
any statutory changes is the composition of the council. It
found that the council had difficulty establishing quorums and
filling positions. At first they encouraged the Governor's
Office to make more timely appointments, but the same problems
persisted. So they suggested modifying requirements for being on
the council, but didn't recommend anything in particular. They
wanted to see the council and legislature work together to find
the interested people who are willing to serve.
SENATOR DYSON asked if the CS responds to that recommendation.
MS. DAVIDSON replied yes, if it is acceptable to the council and
the legislature.
2:16:52 PM
SENATOR PASKVAN moved to report CSSB 35(HSS) from committee with
individual recommendations and attached fiscal note(s). There
were no objections and it was so ordered.
2:17:42 PM
There being no further business to come before the committee,
Chair Davis adjourned the meeting at 2:17.
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