Legislature(1999 - 2000)

03/02/2000 03:37 PM Senate STA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
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            SENATE STATE AFFAIRS COMMITTEE                                                                                      
                    March 2, 2000                                                                                               
                      3:37 p.m.                                                                                                 
                                                                                                                                
MEMBERS PRESENT                                                                                                                 
                                                                                                                                
Senator Jerry Ward, Chairman                                                                                                    
Senator Lyda Green                                                                                                              
Senator Gary Wilken                                                                                                             
Senator Randy Phillips                                                                                                          
Senator Kim Elton                                                                                                               
                                                                                                                                
MEMBERS ABSENT                                                                                                                  
                                                                                                                                
All Members Present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                              
                                                                                                                                
Confirmation Hearing: Andrea Jacobson, APOC.                                                                                    
                                                                                                                                
SENATE BILL NO. 247                                                                                                             
"An Act relating to eligibility of certain veterans for longevity                                                               
bonus payments; and providing for an effective date."                                                                           
                                                                                                                                
     - HEARD AND HELD                                                                                                           
                                                                                                                                
SENATE BILL NO. 236                                                                                                             
"An Act establishing Prisoners of War and Missing in Action                                                                     
Recognition Days and Women Veterans Day; and providing for an                                                                   
effective date."                                                                                                                
                                                                                                                                
     - MOVED SB 236 OUT OF COMMITTEE                                                                                            
                                                                                                                                
PREVIOUS SENATE COMMITTEE ACTION                                                                                                
                                                                                                                                
SB 236 - See Rules minutes dated 3/3/00.                                                                                        
                                                                                                                                
SB 247 - No previous Senate action.                                                                                             
                                                                                                                                
WITNESS REGISTER                                                                                                                
                                                                                                                                
Ms. Andrea Jacobson                                                                                                             
Address Not Provided                                                                                                            
Ketchikan, AK 99901                                                                                                             
POSITION STATEMENT: Confirmation Hearing.                                                                                       
                                                                                                                                
Ms. Annette Kreitzer                                                                                                            
Aide to Senator Leman                                                                                                           
Alaska State Capitol                                                                                                            
Juneau, AK 99801                                                                                                                
POSITION STATEMENT: Presented SB 247.                                                                                           
                                                                                                                                
Mr. Emory Wheeler                                                                                                               
P.O. Box 1209                                                                                                                   
Nome, AK 99762                                                                                                                  
POSITION STATEMENT: Supports SB 236.                                                                                            
                                                                                                                                
Ms. Patricia Hutchinson                                                                                                         
P.O. Box 233                                                                                                                    
Tok, AK 99780                                                                                                                   
POSITION STATEMENT: Commented on SB 236.                                                                                        
                                                                                                                                
Mr. Laddie Shaw                                                                                                                 
Special Assistant                                                                                                               
Office of Veterans Affairs                                                                                                      
Department of Military & Veterans Affairs                                                                                       
P.O. Box 5800                                                                                                                   
Ft. Richardson, AK 99505-0800                                                                                                   
POSITION STATEMENT: Commented on SB 247 and SB 236.                                                                             
                                                                                                                                
Mr. James Kohn                                                                                                                  
Division of Alaska Longevity Programs                                                                                           
Department of Administration                                                                                                    
Juneau, AK 99801                                                                                                                
POSITION STATEMENT: Commented on SB 247.                                                                                        
                                                                                                                                
Mr. Bob Boen                                                                                                                    
Co-Chair of P.O.W. Committee                                                                                                    
Address Not Provided                                                                                                            
POSITION STATEMENT: Supports SB 236.                                                                                            
                                                                                                                                
ACTION NARRATIVE                                                                                                                
                                                                                                                                
TAPE 00-04, SIDE A                                                                                                              
Number 001                                                                                                                      
                                                                                                                                
CHAIRMAN WARD called the Senate State Affairs Committee to order at                                                             
3:37 p.m.  The first order of business to come before the committee                                                             
was the confirmation hearing of Andrea Jacobson to the Alaska                                                                   
Public Offices Commission (APOC).                                                                                               
                                                                                                                                
MS. ANDREA JACOBSON stated that she enjoys being involved in a                                                                  
political process without being a political figure.                                                                             
                                                                                                                                
CHAIRMAN WARD asked Ms. Jacobson if she is currently a peace                                                                    
officer.                                                                                                                        
                                                                                                                                
MS. JACOBSON replied she is an investigator with the Ketchikan                                                                  
Police Department.                                                                                                              
                                                                                                                                
SENATOR ELTON asked if Ms. Jacobson was being appointed to a non-                                                               
partisan seat on APOC.                                                                                                          
                                                                                                                                
MS. JACOBSON said that was correct.                                                                                             
                                                                                                                                
SENATOR PHILLIPS asked why Ms. Jacobson was interested in APOC.                                                                 
                                                                                                                                
MS. JACOBSON stated because APOC is quasi-judicial and streamlining                                                             
regulations sounded interesting.                                                                                                
                                                                                                                                
SENATOR GREEN moved to submit Ms. Jacobson's name to the full body                                                              
for consideration to APOC.  Without objection, it was so ordered.                                                               
                                                                                                                                
        SB 247-VETERANS'ELIGIBILITY FOR LONGEVITY BONUS                                                                         
                                                                                                                                
MS. ANNETTE KREITZER, legislative staff to Senator Leman, presented                                                             
SB 247.  A person who resides in a nursing home can receive the                                                                 
longevity bonus only if "the cost of care of the person at the                                                                  
nursing home is paid for entirely from private sources."  Persons                                                               
living in nursing homes who receive veterans' benefits are denied                                                               
longevity bonus payments.  Veterans' benefits are federal benefits                                                              
earned by those who have served this country in the armed forces.                                                               
                                                                                                                                
SB 247 amends the eligibility criteria for nursing home patients,                                                               
to allow the cost of care to be paid for from private sources,                                                                  
veterans' benefits, or a combination of private sources and                                                                     
veterans' benefits.  Those veterans disqualified under the existing                                                             
law will be permitted to reapply for qualification for bonus                                                                    
payments during a six-month window open from July 1, 2000 to                                                                    
January 1, 2001.  Eligible veterans who reapply will receive the                                                                
monthly longevity bonus that they would have received had they not                                                              
been disqualified.  The longevity bonus payments are prospective                                                                
from the time of re-qualification.                                                                                              
                                                                                                                                
A proposed committee substitute has been drafted to ensure SB 247                                                               
was drafted narrowly.                                                                                                           
                                                                                                                                
SENATOR WILKEN moved CS for SB 247 (1-LS1363\G).  Without objection                                                             
CS for SB 247 (1-LS1363\G) was adopted.                                                                                         
                                                                                                                                
CHAIRMAN WARD asked how the CS differs from the original bill.                                                                  
                                                                                                                                
MS. KREITZER stated it clarifies that a person who moves into a                                                                 
nursing home can pay out of private funds and adds veterans'                                                                    
benefits.  Section 2 (a) speaks to the individuals who were                                                                     
receiving a longevity bonus and then disqualified because they                                                                  
began receiving veterans' benefits when they went into a nursing                                                                
home.  Section 2 (b) deals with persons who are veterans and                                                                    
applied, but did not qualify.                                                                                                   
                                                                                                                                
SENATOR PHILLIPS asked if Social Security benefits disqualify                                                                   
people for a longevity bonus also.                                                                                              
                                                                                                                                
Number 726                                                                                                                      
                                                                                                                                
MS. KREITZER stated that Social Security benefits are not the issue                                                             
they focused on.                                                                                                                
                                                                                                                                
SENATOR PHILLIPS asked what the difference was between receiving                                                                
veterans' benefits and Social Security benefits when someone is                                                                 
applying for a longevity bonus, and whether Social Security                                                                     
benefits are considered federal money or private source funding.                                                                
                                                                                                                                
MS. KREITZER stated that she focused on the veterans' aspect of                                                                 
disqualification.  She was not certain how Social Security benefits                                                             
are considered.                                                                                                                 
                                                                                                                                
SENATOR GREEN stated that people 65 and older who choose to use                                                                 
insurance have no choice but to fall under Medicare, even though                                                                
they are still paying for that coverage.                                                                                        
                                                                                                                                
Number 994                                                                                                                      
                                                                                                                                
MR. EMORY WHEELER stated he is a veteran and supports 247.  SB 247                                                              
has little fiscal impact and would greatly help the six individuals                                                             
who are disqualified from receiving longevity benefits.                                                                         
                                                                                                                                
SENATOR PHILLIPS asked if veterans' benefits and Social Security                                                                
benefits were considered public benefits or private benefits.                                                                   
                                                                                                                                
MR. LADDIE SHAW, Special Assistant to the Adjutant General of the                                                               
Department of Military & Veterans Affairs, stated compensation                                                                  
would be made to a person who was wounded during duty and that                                                                  
would be considered a private source.                                                                                           
                                                                                                                                
SENATOR WILKEN said Social Security should be a private source                                                                  
because the government holds that money in trust until the time a                                                               
beneficiary draws off of the account.                                                                                           
                                                                                                                                
MR. JIM KOHN, Director of the Division of Alaska Longevity                                                                      
Programs, stated there is confusion between income and payment.                                                                 
Income includes Social Security and veterans' benefits; those are                                                               
private payments.  Payments or benefits come from the state or                                                                  
federal government in the form of Medicare and Medicaid.                                                                        
                                                                                                                                
Disqualification was placed on the longevity bonus when a recipient                                                             
of the bonus entered a skilled nursing facility.  They were unable                                                              
to receive Medicaid benefits because the longevity bonus                                                                        
disqualified them on an income basis.  The federal government ruled                                                             
a recipient of the longevity bonus could not give up that payment                                                               
or disqualify themselves from the payment to qualify for Medicaid.                                                              
The legislature passed a bill to disqualify people for longevity                                                                
bonuses who were in skilled nursing facilities so they would                                                                    
qualify for Medicaid.                                                                                                           
                                                                                                                                
In 1992, a change was made in statute to accommodate people who                                                                 
entered a skilled nursing facility using their own funds.  While                                                                
people are using their own funds, the legislature said that person                                                              
should not be disqualified from the longevity bonus.  If the bill                                                               
is paid with other benefits, rather than personal funds, that                                                                   
person is now disqualified from receiving the longevity bonus.                                                                  
                                                                                                                                
SB 247 extends the ability of recipients to continue with their                                                                 
payment to a skilled nursing facility if the payment is provided by                                                             
veterans' benefits or a combination of veterans' benefits and                                                                   
private funds.                                                                                                                  
                                                                                                                                
MR. KOHN said the fiscal note covers one year of bonuses for those                                                              
disqualified based on veterans' benefits being used for care in a                                                               
skilled nursing facility.  The total fiscal impact would total                                                                  
approximately $12,000 a year.                                                                                                   
                                                                                                                                
Number 1514                                                                                                                     
                                                                                                                                
SENATOR GREEN asked whether people are disqualified when they apply                                                             
for Medicaid only.                                                                                                              
                                                                                                                                
MR. KOHN stated no.                                                                                                             
                                                                                                                                
SENATOR GREEN asked who qualifies for Medicaid and Medicare.                                                                    
                                                                                                                                
MR. KOHN stated people who qualify for Medicare need to be between                                                              
the ages of 62 and 65.  People who qualify for Medicaid can be any                                                              
age range, it varies with their income criteria.  The longevity                                                                 
bonus recipients are people who are 69 and older.                                                                               
                                                                                                                                
SENATOR GREEN asked if General Relief Medical Assistance would                                                                  
apply to people over age 69.                                                                                                    
                                                                                                                                
MR. KOHN replied under current statute persons on General Relief                                                                
would be ineligible for longevity bonuses.                                                                                      
                                                                                                                                
MS. KREITZER stated the only records available from the hearing in                                                              
1992 are on tape.  No discussion of veterans' benefits were                                                                     
included in those records, it only referred to Medicaid, Medicare,                                                              
and other sources.                                                                                                              
                                                                                                                                
SENATOR PHILLIPS stated Medicare and Medicaid costs for veterans                                                                
pose concerns about discrimination.                                                                                             
                                                                                                                                
SENATOR GREEN asked what was mentioned on the tapes that is                                                                     
comparable to veterans' benefits.                                                                                               
                                                                                                                                
MS. KREITZER stated Medicaid and Medicare.  General Relief was not                                                              
mentioned.                                                                                                                      
                                                                                                                                
Number 2116                                                                                                                     
                                                                                                                                
SENATOR ELTON stated the veterans' benefits are earned in a                                                                     
different way than Social Security.                                                                                             
                                                                                                                                
SENATOR GREEN stated Medicare can barely be avoided when you are 69                                                             
and older.                                                                                                                      
                                                                                                                                
CHAIRMAN WARD stated SB 247 would be held in committee.                                                                         
             SB 236-POW/MIA DAY & WOMEN VETERANS DAY                                                                            
TAPE 00-04, SIDE B                                                                                                              
                                                                                                                                
MR. BOB BOEN, Co-chair of the P.O.W. Recognition Committee, stated                                                              
support for SB 236 and noted Prisoners of War and Missing in Action                                                             
persons are treated with special recognition by the federal                                                                     
government.                                                                                                                     
                                                                                                                                
CHAIRMAN WARD asked Mr. Boen about the Women's Veteran's Day.                                                                   
                                                                                                                                
MR. BOEN stated there was no opposition to Women's Veteran's Day.                                                               
                                                                                                                                
SENATOR PHILLIPS asked Mr. Shaw why those specific dates were                                                                   
chosen as recognition days.                                                                                                     
                                                                                                                                
MR. SHAW stated April 9, was chosen by Congress and referred to the                                                             
Anderson bill during the Civil War.  The third Friday in September                                                              
every year was chosen because of the Vietnam Era.                                                                               
                                                                                                                                
SENATOR PHILLIPS asked why the Women's Veteran's Day was chosen as                                                              
November 9.                                                                                                                     
                                                                                                                                
MR. SHAW stated November 9 was from a proclamation established                                                                  
during the Reagan Administration celebrating Women's Veterans' Week                                                             
that has been downsized to just one day.                                                                                        
                                                                                                                                
SENATOR GREEN asked if it would be better to coordinate these days                                                              
with Veterans' Day and Memorial Day.                                                                                            
                                                                                                                                
MR. SHAW stated the recognition these people get is well deserved.                                                              
                                                                                                                                
MR. WHEELER stated he supports SB 236.                                                                                          
                                                                                                                                
Number 1993                                                                                                                     
                                                                                                                                
MS. PATRICIA HUTCHINSON, Vietnam veteran, stated support for SB
236.  Women's Veterans' Day should be included with other veterans.                                                             
                                                                                                                                
                                                                                                                                
SENATOR PHILLIPS asked Mr. Shaw if the women veterans had endorsed                                                              
the Women's Veterans' Day.                                                                                                      
                                                                                                                                
MR. SHAW replied yes.                                                                                                           
                                                                                                                                
SENATOR PHILLIPS moved SB 236 out of committee with individual                                                                  
recommendations.  There being no objection, the motion carried.                                                                 
There being no further business to come before the committee,                                                                   
CHAIRMAN WARD adjourned the meeting at 4:40 p.m.                                                                                

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