00 SENATE BILL NO. 301 01 "An Act relating to the Alaska Pioneers' Home, and the Alaska Veterans' Home; 02 relating to eligibility for admission to the Alaska Pioneers' Home and Alaska Veterans' 03 Home; relating to state veterans' home facilities; making conforming amendments; and 04 providing for an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 08.68.395(g)(2) is amended to read: 07 (2) "health care facility" means a private, municipal, state, or federal 08 hospital, psychiatric hospital, tuberculosis hospital, skilled nursing facility, kidney 09 disease treatment center (excluding freestanding hemodialysis units), intermediate care 10 facility, or Alaska Pioneers' Home or Alaska Veterans' Home administered by the 11 Department of Health and Social Services [ADMINISTRATION] under AS 47.55. 12 * Sec. 2. AS 15.05.020 is amended to read: 13 Sec. 15.05.020. Rules for determining residence of voter. For the purpose 14 of determining residence for voting, the place of residence is governed by the 01 following rules: 02 (1) A person may not be considered to have gained a residence solely 03 by reason of presence nor may a person lose it solely by reason of absence while in the 04 civil or military service of this state or of the United States or of absence because of 05 marriage to a person engaged in the civil or military service of this state or the United 06 States, while a student at an institution of learning, while in an institution or asylum at 07 public expense, while confined in public prison, while engaged in the navigation of 08 waters of this state, or the United States or of the high seas, while residing upon an 09 Indian or military reservation, or while residing in the Alaska Pioneers' Home or the 10 Alaska Veterans' Home. 11 (2) The residence of a person is that place in which the person's 12 habitation is fixed, and to which, whenever absent, the person has the intention to 13 return. If a person resides in one place, but does business in another, the former is the 14 person's place of residence. Temporary construction camps do not constitute a 15 dwelling place. 16 (3) A change of residence is made only by the act of removal joined 17 with the intent to remain in another place. There can only be one residence. 18 (4) A person does not lose residence if the person leaves home and 19 goes to another country, state or place in this state for temporary purposes only and 20 with the intent of returning. 21 (5) A person does not gain residence in any place to which the person 22 comes without the present intention to establish a permanent dwelling at that place. 23 (6) A person loses residence in this state if the person votes in another 24 state's election, either in person or by absentee ballot, and will not be eligible to vote 25 in this state until again qualifying under AS 15.05.010. 26 (7) [REPEALED 27 (8)] The term of residence is computed by including the day on which 28 the person's residence begins and excluding the day of election. 29 (8) [(9) REPEALED 30 (10)] The address of a voter as it appears on an official voter 31 registration card is presumptive evidence of the person's voting residence. This 01 presumption is negated only by the voter notifying the director in writing of a change 02 of voting residence. 03 * Sec. 3. AS 17.37.070(6) is amended to read: 04 (6) "facility monitored by the department or the Department of 05 Administration" means an institution, building, office, or home operated by the 06 department or the Department of Administration, funded by the department or the 07 Department of Administration, under contract with the department or the Department 08 of Administration, inspected by the department or the Department of Administration, 09 designated by the department or the Department of Administration, or licensed by the 10 department or the Department of Administration, for the care of 11 (A) juveniles; for the purposes of this subparagraph, 12 "institution" includes a foster home and a group home, and a juvenile detention 13 facility, a juvenile detention home, a juvenile work camp, and a treatment 14 facility, as those terms are defined in AS 47.14.990; 15 (B) the elderly; for the purposes of this subparagraph, 16 "institution" includes 17 (i) an assisted living home as defined in AS 47.33.990; 18 and 19 (ii) the Alaska [A] Pioneers' Home or the Alaska 20 Veterans' Home, operated under AS 47.55; 21 (C) the mentally ill; for the purposes of this subparagraph, 22 "institution" includes a designated treatment facility and an evaluation facility, 23 as those terms are defined in AS 47.30.915; 24 * Sec. 4. AS 18.07.111(8) is amended to read: 25 (8) "health care facility" means a private, municipal, state or federal 26 hospital, psychiatric hospital, tuberculosis hospital, skilled nursing facility, kidney 27 disease treatment center (including freestanding hemodialysis units), intermediate care 28 facility, and ambulatory surgical facility; the term excludes 29 (A) the [AN] Alaska Pioneers' Home and the Alaska 30 Veterans' Home administered by the Department of Health and Social 31 Services [ADMINISTRATION] under [AS 44.21.02(9) AND] AS 47.55; and 01 (B) the offices of private physicians or dentists whether in 02 individual or group practice; 03 * Sec. 5. AS 18.35.300 is amended to read: 04 Sec. 18.35.300. Places where smoking is regulated. Smoking in any form is 05 a nuisance and a public health hazard and is prohibited in the following vehicles and 06 indoor places, except as allowed under AS 18.35.310: 07 (1) a vehicle of public transportation and a waiting, baggage, or 08 boarding area for a vehicle of public transportation, including a bus, ferry vessel, train, 09 limousine for hire, taxicab, or scheduled interstate or intrastate aircraft flight when 10 consistent with federal law; 11 (2) a place of employment, a building or other structure, or a portion of 12 them, owned, leased, or operated by the state or a political subdivision of the state, 13 including an office, library, museum, theater, concert hall, convention hall, 14 gymnasium, swimming pool, or other place of entertainment or recreation; 15 (3) a public or private postsecondary educational institution or adult 16 day care facility; 17 (4) a courtroom or jury deliberation room; 18 (5) a room, chamber, or other place under the control of the state 19 senate or state house of representatives while a public meeting or public assembly is 20 not in progress; 21 (6) a nursing home, rest home, or other residential health care 22 institution or facility, or a public or private office or facility that is engaged primarily 23 in providing mental health services; 24 (7) a food service establishment that has a seating capacity of at least 25 50 persons; 26 (8) a grocery store or other store maintained primarily for the retail 27 sale of food products; 28 (9) a place of employment in which the owner, manager, proprietor, or 29 other person who has control of the premises posts a sign stating that smoking is 30 prohibited by law; 31 (10) a correctional facility; and 01 (11) the Alaska [A] Pioneers' Home or the Alaska Veterans' Home. 02 * Sec. 6. AS 36.30.990(1) is amended to read: 03 (1) "agency" 04 (A) means a department, institution, board, commission, 05 division, authority, public corporation, the Alaska Pioneers' Home, the Alaska 06 Veterans' Home, or other administrative unit of the executive branch of state 07 government; 08 (B) does not include 09 (i) the University of Alaska; 10 (ii) the Alaska Railroad Corporation; 11 (iii) the Alaska Housing Finance Corporation; 12 (iv) a regional Native housing authority created under 13 AS 18.55.996 or a regional electrical authority created under 14 AS 18.57.020; 15 (v) the Department of Transportation and Public 16 Facilities, in regard to the repair, maintenance, and reconstruction of 17 vessels, docking facilities, and passenger and vehicle transfer facilities 18 of the Alaska marine highway system; 19 (vi) the Alaska Aerospace Development Corporation; 20 (vii) the Alaska State Pension Investment Board; 21 (viii) the Alaska Seafood Marketing Institute; 22 * Sec. 7. AS 37.05.146(c)(31) is amended to read: 23 (31) Alaska Pioneers' Home and Alaska Veterans' Home care and 24 support receipts under AS 47.55.030; 25 * Sec. 8. AS 37.05.990(2) is amended to read: 26 (2) "state agency," "agency," "department," or similar term means a 27 department, office, institution, board, commission, bureau, division, or other 28 administrative unit forming the state government, and includes the Alaska Pioneers' 29 Home, the Alaska Veterans' Home, and the University of Alaska. 30 * Sec. 9. AS 37.07.120(1) is amended to read: 31 (1) "agency" means a department, officer, institution, board, 01 commission, bureau, division, or other administrative unit forming the state 02 government and includes the Alaska Pioneers' Home, the Alaska Veterans' Home, 03 and the University of Alaska, but does not include the legislature or the judiciary; 04 * Sec. 10. AS 39.25.120(c)(8) is amended to read: 05 (8) Alaska Pioneers' Home and Alaska Veterans' Home managers; 06 * Sec. 11. AS 44.29.020(a)(16) is amended to read: 07 (16) the Alaska Pioneers' Home and the Alaska Veterans' Home 08 [HOMES]; 09 * Sec. 12. AS 47.25.140 is amended to read 10 Sec. 47.25.140. Residents of public institutions. Payment under 11 AS 47.25.120 - 47.25.300 may not be made to or on [IN] behalf of an individual who 12 is a resident of a [THE ALASKA PIONEERS' HOME OR OTHER] public institution, 13 except as a patient in a public medical institution, or an individual who is a patient in a 14 public or private institution for tuberculosis or mental disease. A resident of a [THE 15 ALASKA PIONEERS' HOME OR OTHER] public institution who is otherwise 16 eligible to receive an allowance under AS 47.25.120 - 47.25.300 may apply for the 17 allowance instead of the support and maintenance provided in the [HOME OR] public 18 institution. 19 * Sec. 13. AS 47.25.140 is amended by adding a new subsection to read: 20 (b) In this section, "public institution" does not include the Alaska Pioneers' 21 Home or the Alaska Veterans' Home. 22 * Sec. 14. AS 47.45.240(c) is amended to read: 23 (c) The commission may not investigate, review, or undertake any 24 responsibility for the longevity bonus program under AS 47.45.010 - 47.45.160 or the 25 Alaska Pioneers' Home or Alaska Veterans' Home [HOMES] under AS 47.55. 26 * Sec. 15. AS 47.55 is repealed and reenacted to read: 27 Sec. 47.55.010. Maintenance of Alaska Pioneers' Home and Alaska 28 Veterans' Home. (a) The state may maintain facilities known as the Alaska Pioneers' 29 Home at sites designated by the commissioner of health and social services. The state 30 may maintain one or more facilities known as the Alaska Veterans' Home at sites 31 designated by the commissioner of health and social services. The Alaska Pioneers' 01 Home and the Alaska Veterans' Home shall be collectively administered by the 02 Department of Health and Social Services as the Alaska Pioneers' Home and Alaska 03 Veterans' Home. 04 (b) The department shall formulate general policies for the homes designated 05 under (a) of this section. It may hold hearings and subpoena witnesses and documents 06 and may administer oaths in connection with the homes. 07 (c) The department shall 08 (1) cooperate with the federal government in matters pertaining to the 09 welfare of Alaska pioneers and of veterans who reside in the homes operated under 10 this chapter, make the reports in the form and containing the information the federal 11 government from time to time desires, and accept money allotted by the federal 12 government, its agencies, or its instrumentalities in establishing, extending, and 13 strengthening services for pioneers and veterans who reside in a home operated under 14 this chapter; 15 (2) adopt regulations necessary to conduct business and to carry out 16 the provisions of this chapter, require bonds and undertakings from persons employed 17 by a home as in its judgment are necessary, and pay the premiums on them, and 18 establish regional and local offices and the advisory groups that are necessary or 19 considered expedient to carry out or assist in carrying out a duty or authority assigned 20 to it; 21 (3) perform all executive or administrative duties necessary and 22 advisable to carry out the purpose of this chapter, including the power to make 23 contracts and to make disbursements on vouchers against appropriations for the 24 purpose of this chapter, within the limit of appropriations available; 25 (4) study the needs of pioneers and veterans of this state who reside in 26 the homes operated under this chapter and submit recommendations for new 27 regulations and proposed legislation. 28 (d) The department may employ the necessary subordinate officers and 29 employees, and shall prescribe methods for operation of the homes, standards of care 30 and service to home residents, and rules governing personnel. The methods for 31 operation and standards of care and services to residents prescribed under this 01 subsection shall be the same as the methods for operation and standards of care 02 established by the department for an assisted living home licensed under AS 47.33. 03 (e) The department may engage in activities directed to increase revenue from 04 a home. These activities may include the lease of excess bed or floor space or the sale 05 or lease of space or buildings, that are not in use or are underutilized. 06 * Sec. 16. AS 47.55.020 is repealed and reenacted to read: 07 Sec. 47.55.020. Admission to a home. (a) Every person residing in the state 08 who is 65 years of age or older, has been a resident of the state continuously for more 09 than one year immediately preceding application for admission, and is in need of 10 residence at a home because of physical disability or other reason, is eligible for 11 admission to the Alaska Pioneers' Home or the Alaska Veterans' Home under 12 conditions prescribed in regulations. The spouse of a person who is eligible for 13 admission under other provisions of this subsection is also eligible for admission to a 14 home under conditions prescribed by the department if the spouse is 65 years of age or 15 older and has been a resident of the state continuously for more than one year 16 immediately preceding application for admission. 17 (b) Every person admitted to a home who receives income from any source in 18 excess of $100 per month shall be required by the department to pay the excess to the 19 department immediately upon receipt of the money in payment, or part payment, of 20 the cost of the person's care. However, the department may not require in any month 21 the payment of an amount greater than the monthly rate set under AS 47.55.030(b) 22 except to satisfy indebtedness incurred under AS 47.55.070. The department may not 23 evict a person from a home if the income and assets of the person are insufficient to 24 pay the monthly rate set under AS 47.55.030(b) and the person is otherwise in 25 compliance with requirements under this chapter. 26 (c) At the end of each month the payments made under (b) of this section shall 27 be transmitted to the commissioner of revenue. The department may pay to a resident 28 without money the sum of $100 per month. 29 (d) Notwithstanding AS 47.55.070 and (b) of this section, a resident of a home 30 whose income, assets, and other resources are insufficient to pay the monthly rate set 31 under AS 47.55.030(b), and who does not have private insurance to cover the cost of 01 care, qualifies for payment assistance if the resident is otherwise in compliance with 02 requirements under this chapter. The amount of payment assistance shall equal the 03 amount needed, when added to other income and assets of the resident, to pay the 04 monthly rate set under AS 47.55.030(b). Payment assistance received by a home 05 resident is a debt to the state. In determining the amount of payment assistance for 06 which a home resident qualifies, the following income, assets, and other resources of 07 the resident shall be disregarded: 08 (1) income from any source in an amount up to $100 per month as 09 established by the department by regulation; 10 (2) the following assets received under 43 U.S.C. 1601 - 1629g 11 (Alaska Native Claims Settlement Act): 12 (A) cash dividends and other income equal to at least $2,000 as 13 established by the department by regulation; 14 (B) stock; 15 (C) noncash dividends from stock; and 16 (D) land; 17 (3) a permanent fund dividend issued under AS 43.23; 18 (4) veterans' benefits paid under 38 U.S.C. 1110; 19 (5) compensation to volunteers under the federal retired and senior 20 volunteers (42 U.S.C. 5001), foster grandparents (42 U.S.C. 5011), and senior 21 companion (42 U.S.C. 5013) programs made in accordance with 42 U.S.C. 5044(f); 22 (6) federal World War II restitution payments made under 50 U.S.C. 23 App. 1989b-4 and c-5; 24 (7) payments under AS 18.67 (crime victim compensation); 25 (8) an amount, determined by the department by regulation, that is 26 sufficient for burial expenses of the resident, the resident's spouse, and dependents of 27 the resident; 28 (9) real property being used as the primary residence of the resident's 29 spouse or a dependent of the resident; 30 (10) other real or personal property equal to at least a total value of 31 $5,000 as established by the department by regulation. 01 (e) As a condition for receipt of payment assistance under (d) of this section, 02 the department, under regulations adopted by the department, may require a person to 03 apply for other state or federally sponsored programs that may reduce the amount of 04 the payment assistance. 05 * Sec. 17. AS 47.55.030(a) is amended to read: 06 (a) A person eligible for admission under AS 47.55.020 may on application be 07 admitted to the Alaska Pioneers' Home or the Alaska Veterans' Home [HOME] 08 upon the person's agreement to pay to the state each month an amount the department 09 [DEPARTMENT OF HEALTH AND SOCIAL SERVICES] considers sufficient to 10 compensate the state for the cost of care and support of the person at the home. When 11 this agreement is entered into, the department [DEPARTMENT OF HEALTH AND 12 SOCIAL SERVICES] may require security for the payments. 13 * Sec. 18. AS 47.55.030(c) is amended to read: 14 (c) The department [DEPARTMENT OF HEALTH AND SOCIAL 15 SERVICES] shall provide to all residents of the homes [PIONEERS' HOME] written 16 notice of any proposed change in the rate charged for care and support of persons at 17 the homes [HOME]. Notice under this section shall be given not less than 60 days 18 before a change is adopted. The notice must include the time, date, and place of a 19 hearing to be held by the department [DEPARTMENT OF HEALTH AND SOCIAL 20 SERVICES] under (d) of this section. The department may not change the rate 21 charged more than once in a fiscal year. 22 * Sec. 19. AS 47.55.040 is amended to read: 23 Sec. 47.55.040. Transfer of mentally ill residents to an [ANOTHER] 24 institution. A person regularly admitted into the Alaska Pioneers' Home or the 25 Alaska Veterans' Home [HOME] who is found to be insane may be transferred to an 26 institution provided for the care and custody of insane persons for the state in the 27 manner provided by law for the admission of other persons to the institution. 28 * Sec. 20. AS 47.55.050 is amended to read: 29 Sec. 47.55.050. Maintenance funds. The legislature shall each session 30 appropriate the necessary funds for the maintenance of the Alaska Pioneers' Home 31 and the Alaska Veterans' Home [HOME] to be expended by the department 01 [DEPARTMENT OF HEALTH AND SOCIAL SERVICES], and the [THAT] 02 department may receive funds, donations and bequests from private individuals, 03 societies or organizations, and funds from the federal government for the support and 04 maintenance of the homes [HOME]. 05 * Sec. 21. AS 47.55.060 is amended to read: 06 Sec. 47.55.060. Trust fund. Unless otherwise provided by the donor, money 07 bequeathed to the Alaska Pioneers' Home or the Alaska Veterans' Home constitutes 08 a special trust fund. Unless otherwise provided by the donor, interest from the special 09 trust fund is under the control and at the disposal of the department [DEPARTMENT 10 OF HEALTH AND SOCIAL SERVICES], and expenditure from it is limited to the 11 benefit and comfort of the residents of the home. 12 * Sec. 22. AS 47.55.070 is repealed and reenacted to read: 13 Sec. 47.55.070. Indebtedness of Alaska Pioneers' Home or Alaska 14 Veterans' Home resident to state. The following expenses incurred for an Alaska 15 Pioneers' Home or Alaska Veterans' Home resident under this chapter and not 16 recoverable from a collateral source are a debt of the resident to the state and may be 17 recovered during the life of the resident: 18 (1) costs of standard or nursing care provided in the home each month 19 to the resident not exceeding the rate established by the department under 20 AS 47.55.030, with credit given for any amounts paid by or collected from the 21 resident; 22 (2) allowances paid under AS 47.55.020(c); 23 (3) arrearages in fees for television and telephone services provided in 24 the home; and 25 (4) prescription medicine. 26 * Sec. 23. AS 47.55.095 is amended to read: 27 Sec. 47.55.095. Limitation on enforcement of claims against estate. 28 Notwithstanding AS 47.55.080 and 47.55.090, upon the death of an Alaska [A] 29 Pioneers' Home or Alaska Veterans' Home resident or of a recipient of day care or 30 respite services, a state claim for unpaid debt owed to the home [PIONEERS' HOME] 31 may be satisfied only out of the decedent's estate. The state may not pursue a claim to 01 the extent doing so would work undue hardship, as determined by the department by 02 regulation [OF THE DEPARTMENT OF HEALTH AND SOCIAL SERVICES], on 03 the surviving spouse or dependent of the decedent. Family portraits and heirlooms of 04 the type identified under AS 09.38.020(a)(3), without regard to value, may not be 05 taken by the state in satisfaction of a debt to the home [PIONEERS' HOME]. 06 * Sec. 24. AS 47.55 is amended by adding a new section to read: 07 Sec. 47.55.900. Definitions. In this chapter, unless the context otherwise 08 requires, 09 (1) "department" means the Department of Health and Social Services; 10 (2) "home" means 11 (A) the Alaska Pioneers' Home; or 12 (B) the Alaska Veterans' Home; 13 (3) "physical disability or other reason" means inability of an 14 individual to maintain a household without regular assistance in shopping, 15 housekeeping, meal preparation, dressing, or personal hygiene because of physical or 16 medical impairment, infirmity, or disability; 17 (4) "resident of the state" has the meaning given "resident" in 18 AS 47.25.430(a); 19 (5) "veteran" means a person who has been honorably discharged with 20 181 days or more of active service in the armed forces of the United States, including 21 the Alaska National Guard or the Alaska Territorial Guard. 22 * Sec. 25. (a) AS 44.29.020(a)(17) and AS 47.55.035 are repealed. 23 (b) Sections 1 - 15, ch. 4, SSSLA 2002 are repealed. 24 * Sec. 26. The uncodified law of the State of Alaska is amended by adding a new section to 25 read: 26 TRANSITION: STATUS OF CERTAIN RESIDENTS OF THE ALASKA 27 PIONEERS' HOME OR THE ALASKA VETERANS' HOME. (a) If a resident of an Alaska 28 Pioneers' Home facility or Alaska Veterans' Home facility was admitted to the facility before 29 the Department of Health and Social Services received the United States Veterans 30 Administration certification for the Alaska Veterans' Home to begin receiving per diem 31 payments for eligible veterans, the resident may not be evicted or required to relocate to a 01 different Alaska Pioneers' Home or Alaska Veterans' Home facility solely because of that 02 certification. 03 (b) The commissioner of the Department of Health and Social Services shall promptly 04 post on the Alaska Online Public Notice System (AS 44.62.175) the date that the certification 05 described in (a) of this section was received. 06 * Sec. 27. The uncodified law of the State of Alaska is amended by adding a new section to 07 read: 08 TRANSITION: REGULATIONS. The Department of Health and Social Services 09 and other state agencies affected by this Act may immediately proceed to adopt regulations 10 necessary to implement the changes made by this Act. The regulations take effect under 11 AS 44.62 (Administrative Procedure Act), but not before the effective date of the respective 12 statutory changes. 13 * Sec. 28. The uncodified law of the State of Alaska is amended by adding a new section to 14 read: 15 REVISOR'S INSTRUCTION. The revisor of statutes is instructed to change the 16 heading of AS 47.55 from "Pioneers' Home" to "Alaska Pioneers' Home and Alaska Veterans' 17 Home." 18 * Sec. 29. Section 27 of this Act takes effect immediately under AS 01.10.070(c). 19 * Sec. 30. Except as provided in sec. 29 of this Act, this Act takes effect July 1, 2004.