00 SENATE BILL NO. 243 01 "An Act relating to the duties and powers of the Alaska Commission on Aging and the 02 Department of Health and Social Services." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 47.05.010 is amended to read: 05 Sec. 47.05.010. Duties of department. The Department of Health and Social 06 Services shall 07 (1) administer adult public assistance, the Alaska temporary assistance 08 program, and all other assistance programs, and receive and spend money made 09 available to it; 10 (2) adopt regulations necessary for the conduct of its business and for 11 carrying out federal and state laws granting adult public assistance, temporary cash 12 assistance, diversion payments, or self-sufficiency services for needy families under 13 the Alaska temporary assistance program, and other assistance; 14 (3) establish minimum standards for personnel employed by the 01 department and adopt necessary regulations to maintain those standards; 02 (4) require those bonds and undertakings from persons employed by it 03 that, [WHICH] in its judgment, are necessary, and pay the premiums on them; 04 (5) cooperate with the federal government in matters of mutual 05 concern pertaining to adult public assistance, the Alaska temporary assistance 06 program, and other forms of public assistance; 07 (6) make the reports, in the form and containing the information, that 08 the federal government from time to time requires; 09 (7) cooperate with the federal government, its agencies, or 10 instrumentalities in establishing, extending, and strengthening services for the 11 protection and care of homeless, dependent, and neglected children in danger of 12 becoming delinquent, and receive and expend funds available to the department by the 13 federal government, the state, or its political subdivisions for that purpose; 14 (8) cooperate with the federal government in adopting state plans to 15 make the state eligible for federal matching in appropriate categories of assistance, and 16 in all matters of mutual concern, including adoption of the methods of administration 17 that are found by the federal government to be necessary for the efficient operation of 18 welfare programs; 19 (9) adopt regulations, not inconsistent with law, defining need, 20 prescribing the conditions of eligibility for assistance, and establishing standards for 21 determining the amount of assistance that an eligible person is entitled to receive; the 22 amount of the assistance is sufficient when, added to all other income and resources 23 available to an individual, it provides the individual with a reasonable subsistence 24 compatible with health and well-being; an individual who meets the requirements for 25 eligibility for assistance shall be granted the assistance promptly upon application for 26 it; 27 (10) grant to a person claiming or receiving assistance and who is 28 aggrieved because of the department's action or failure to act, reasonable notice and an 29 opportunity for a fair hearing by the department, and the department shall adopt 30 regulations relative to this; 31 (11) enter into reciprocal agreements with other states relative to 01 public assistance, welfare services, and institutional care that are considered advisable; 02 (12) establish the requirements of residence for public assistance, 03 welfare services, and institutional care that are considered advisable, subject to the 04 limitations of other laws of the state, or law or regulation imposed as conditions for 05 federal financial participation; 06 (13) establish the divisions and local offices that are considered 07 necessary or expedient to carry out a duty or authority assigned to it and appoint and 08 employ the assistants and personnel that are necessary to carry on the work of the 09 divisions and offices, and fix the compensation of the assistants or employees, except 10 that a person engaged in business as a retail vendor of general merchandise, or a 11 member of the immediate family of a person who is so engaged, may not serve as an 12 acting, temporary, or permanent local agent of the department, unless the 13 commissioner of health and social services certifies in writing to the governor, with 14 relation to a particular community, that no other qualified person is available in the 15 community to serve as local welfare agent; for the purposes of this paragraph, a 16 "member of the immediate family" includes a spouse, child, parent, brother, sister, 17 parent-in-law, brother-in-law, or sister-in-law; 18 (14) provide education and health-related services and referrals 19 designed to reduce the number of out-of-wedlock pregnancies and the number of 20 induced pregnancy terminations in the state; 21 (15) investigate reports of abuse, neglect, or misappropriation of 22 property by certified nurse aides in facilities licensed by the department under 23 AS 47.32; 24 (16) establish state policy relating to and administer federal 25 programs subject to state control as provided under 42 U.S.C. 3001 - 3058ee 26 (Older Americans Act of 1965), as amended, and related federal regulations; 27 (17) administer the older Alaskans service grants under 28 AS 47.65.010 - 47.65.050 and the adult day care and family respite care grants 29 under AS 47.65.100. 30 * Sec. 2. AS 47.30.036 is amended to read: 31 Sec. 47.30.036. Duties of the board. The board shall 01 (1) preserve and protect the trust corpus under AS 37.14.009; 02 (2) coordinate with other state agencies involved with programs 03 affecting persons in need of mental health services; 04 (3) review and consider the recommendations submitted under 05 AS 44.29.140(2), AS 47.30.666(6), AS 47.45.240(a)(8) [AS 47.45.240(a)(10)], and 06 AS 47.80.090(13); 07 (4) adopt bylaws governing its meetings, selection of officers, 08 proceedings, and other aspects of board procedure; 09 (5) make an annual written report of its activities to the governor and 10 the public and notify the legislature that the report is available; and 11 (6) fulfill its obligations under AS 47.30.046. 12 * Sec. 3. AS 47.45.230 is amended to read: 13 Sec. 47.45.230. Executive director. The executive director of the commission 14 shall assist the department with the formulation of 15 [(1) FORMULATE] a comprehensive statewide plan that identifies the 16 concerns and needs of older Alaskans and present that plan to the commission [; 17 (2) ADMINISTER, WITH THE APPROVAL OF THE 18 COMMISSIONER OF HEALTH AND SOCIAL SERVICES, FEDERAL 19 PROGRAMS SUBJECT TO STATE CONTROL AS PROVIDED UNDER 42 U.S.C. 20 3001 - 3058ee (OLDER AMERICANS ACT), AS AMENDED; AND 21 (3) ADMINISTER, WITH THE APPROVAL OF THE 22 COMMISSIONER OF HEALTH AND SOCIAL SERVICES, STATE PROGRAMS 23 AS PROVIDED UNDER AS 47.65]. 24 * Sec. 4. AS 47.45.240(a) is amended to read: 25 (a) The commission shall 26 (1) subject to review by the department, approve a comprehensive 27 statewide plan that identifies and addresses the concerns and needs of older Alaskans 28 and, with reference to the approved plan, prepare and submit to the governor and 29 legislature an annual analysis and evaluation of the services that are provided to older 30 Alaskans; 31 (2) make recommendations directly to the governor and the legislature 01 with respect to legislation, regulations, and appropriations for programs or services 02 that benefit older Alaskans; 03 (3) encourage the development of municipal commissions serving 04 older Alaskans and community-oriented programs and services for the benefit of older 05 Alaskans; 06 (4) employ an executive director who serves at the pleasure of the 07 commission; 08 (5) help older Alaskans lead dignified, independent, and useful lives; 09 (6) request and receive reports and audits from state agencies and local 10 institutions concerned with the conditions and needs of older Alaskans; 11 (7) [WITH THE APPROVAL OF THE COMMISSIONER OF 12 HEALTH AND SOCIAL SERVICES, SET POLICY FOR THE ADMINISTRATION 13 OF FEDERAL PROGRAMS SUBJECT TO STATE CONTROL AS PROVIDED 14 UNDER 42 U.S.C. 3001 - 3058ee (OLDER AMERICANS ACT), AS AMENDED; 15 (8) WITH THE APPROVAL OF THE COMMISSIONER OF 16 HEALTH AND SOCIAL SERVICES, SET POLICY FOR THE ADMINISTRATION 17 OF STATE PROGRAMS AS PROVIDED UNDER AS 47.65; 18 (9)] give assistance, on request, to the senior housing office in the 19 Alaska Housing Finance Corporation in administration of the senior housing loan 20 program under AS 18.56.710 - 18.56.799 and in the performance of the office's other 21 duties under AS 18.56.700; and 22 (8) [(10)] provide to the Alaska Mental Health Trust Authority, for its 23 review and consideration, recommendations concerning the integrated comprehensive 24 mental health program for persons who are described in (d) of this section and the use 25 of the money in the mental health trust settlement income account in a manner 26 consistent with regulations adopted under AS 47.30.031. 27 * Sec. 5. AS 47.45.240(b) is amended to read: 28 (b) To accomplish its duties, the commission may 29 (1) review, evaluate, and comment upon state programs concerned 30 with the problems and the needs of older Alaskans; 31 (2) collect facts and statistics, and make studies of conditions and 01 problems pertaining to the employment, health, housing, financial security, social 02 welfare, and other concerns that bear upon the well-being of older Alaskans; 03 (3) provide information about public programs that would be of 04 interest or benefit to older Alaskans; 05 (4) appoint special committees, which may include persons who are 06 not members of the commission, to complete necessary studies; 07 (5) promote community education efforts regarding the problems and 08 concerns of older Alaskans; 09 (6) contract for necessary services; 10 (7) consult and cooperate with persons, organizations, and groups 11 interested in or concerned with programs of assistance to older Alaskans; 12 (8) advocate improved programs of benefit to older Alaskans; and 13 (9) recommend [SET] standards for levels of services for older 14 Alaskans for programs administered by the department [COMMISSION; AND 15 (10) ADOPT REGULATIONS NECESSARY FOR THE 16 ADMINISTRATION OF AS 47.45.200 - 47.45.290 AND TO COMPLY WITH 17 FEDERAL LAW]. 18 * Sec. 6. AS 47.45.290 is amended by adding a new paragraph to read: 19 (3) "department" means the Department of Health and Social Services. 20 * Sec. 7. AS 47.65.010 is amended to read: 21 Sec. 47.65.010. Older Alaskans service programs. An amount to carry out 22 the provisions of AS 47.65.010 - 47.65.050 may be appropriated annually by the 23 legislature. The amount appropriated shall be fully distributed by the department 24 [ALASKA COMMISSION ON AGING] to sponsors of older Alaskans service 25 programs in accordance with the provisions of AS 47.65.010 - 47.65.050. 26 * Sec. 8. AS 47.65.020 is amended to read: 27 Sec. 47.65.020. Grants for community service programs. Not less than 60 28 percent of the amount appropriated by the legislature for older Alaskans service 29 programs under AS 47.65.010 - 47.65.050 shall be allocated annually by the 30 department [COMMISSION] as community program grants to sponsors of older 31 Alaskans service programs. Payments shall be made on the basis of applications 01 submitted to the department [COMMISSION] by sponsors of community programs. 02 * Sec. 9. AS 47.65.030 is amended to read: 03 Sec. 47.65.030. Pilot project grants. (a) The balance of the amount 04 appropriated for older Alaskans service programs under AS 47.65.010 - 47.65.050 not 05 allocated under AS 47.65.020 shall be allocated annually by the department 06 [COMMISSION] as grants to support pilot projects for the benefit of older Alaskans 07 under this section. 08 (b) The department [COMMISSION] shall adopt standards for pilot project 09 grants and, after adoption of the standards as regulations, in accordance with AS 44.62 10 (Administrative Procedure Act), shall apply the standards to determine eligibility of 11 applicants for pilot project grants. In awarding pilot project grants, the department 12 [COMMISSION] shall 13 (1) enter into agreements with the project sponsor to operate one or 14 more of the selected pilot projects consistent with the standards adopted; 15 (2) monitor and evaluate, in a written report, each pilot project; the 16 report must include 17 (A) a description of the project and of the persons served by it; 18 (B) the problems presented by the persons served by the 19 project; 20 (C) a description of the problems most effectively handled by 21 the project; and 22 (D) an estimate of projected cost of operation of the project for 23 the next three succeeding years. 24 * Sec. 10. AS 47.65.040(a) is amended to read: 25 (a) Except as provided in (f) of this section, a sponsor receiving a grant under 26 AS 47.65.010 - 47.65.050 shall contribute to the total cost of the program or project. 27 The contribution may be in cash or in-kind services. The amount of the sponsor's 28 required contribution is determined by the application of the following formula: 29 average per capita full and true value of all property in the municipality or community 30 in which the project or program takes place divided by the average per capita full and 31 true value of all property in the state, and then multiplied by the contribution 01 percentage to the estimated total program or project cost as determined by the 02 department [COMMISSION] at the time of approval of a grant application. However, 03 the amount of the sponsor's contribution may not amount to more than 10 percent of 04 the total program or project cost. 05 * Sec. 11. AS 47.65.040(c) is amended to read: 06 (c) If an application is submitted for a program or project in a municipality or 07 community for which no average per capita full and true property value determination 08 has been made, 09 (1) if the population of the municipality or community is 750 or more, 10 the department [COMMISSION] shall request the state assessor to compute the 11 average per capita full and true property value of that municipality or community and 12 report it; 13 (2) if the population is less than 750, the department 14 [COMMISSION] may substitute for the average per capita full and true value of 15 property in the municipality or community an amount equal to the average per capita 16 full and true value of property in the smallest municipality for which that amount has 17 been determined by the state assessor. 18 * Sec. 12. AS 47.65.040(e) is amended to read: 19 (e) The grant awarded by the department [COMMISSION] may not exceed 20 the estimated total program or project cost as determined by the department 21 [COMMISSION] less the contribution by the sponsor determined in accordance with 22 this section. 23 * Sec. 13. AS 47.65.040(f) is amended to read: 24 (f) When awarding a grant to support a pilot project under AS 47.65.010 - 25 47.65.050, the department [COMMISSION] may waive all or part of the sponsor 26 contribution required under this section if waiver is in the public interest. The 27 department [COMMISSION] shall adopt regulations establishing standards for 28 granting waivers under this subsection. 29 * Sec. 14. AS 47.65.050 is amended to read: 30 Sec. 47.65.050. Administrative requirements. (a) Payments received by a 31 sponsor under AS 47.65.010 - 47.65.050 may be used only to meet costs of services 01 that [WHICH] the department [COMMISSION] has determined directly benefit 02 older Alaskans. A payment may not be made by the department [COMMISSION] 03 under this section unless the department [COMMISSION] determines that the 04 sponsor 05 (1) meets accepted standards of fiscal accountability for public funds; 06 (2) can demonstrate, when requested, the actual cost of services that it 07 is providing for the benefit of older Alaskans; and 08 (3) agrees to make available, upon request, all fiscal information 09 relating to service for which payments are provided under AS 47.65.010 - 47.65.050. 10 (b) The department [COMMISSION] may not make payments to a sponsor 11 whose program includes family respite care services or home care services unless the 12 sponsor has agreed to request criminal history record information as permitted by P.L. 13 105-277 and AS 12.62 for the individual who will provide the services within 10 14 business days after the individual is hired to provide the services and review the 15 information within five business days after receiving it. 16 * Sec. 15. AS 47.65.100(a) is amended to read: 17 (a) In addition to administering grants for adult day care programs and family 18 respite care services for older Alaskans under AS 47.65.010 - 47.65.050, the 19 department [COMMISSION] may make grants under this section from funds 20 otherwise available to it for adult day care programs and family respite care services 21 for frail older persons and other similarly disabled adults. 22 * Sec. 16. AS 47.65.100(b) is amended to read: 23 (b) In order to fund grants under this section, the department 24 [COMMISSION AND THE DEPARTMENT OF HEALTH AND SOCIAL 25 SERVICES] may seek and enter into contracts or grants with any party, including 26 reimbursable service agreements with other state agencies. 27 * Sec. 17. AS 47.65.100(c) is amended to read: 28 (c) The department [COMMISSION] shall, by regulation, set fees for 29 services provided under this section. The fees must be based on a sliding scale formula 30 that takes into account the client's income. 31 * Sec. 18. AS 47.65.100(e) is amended to read: 01 (e) The department [COMMISSION] may not award a grant under this 02 section for family respite care services or for adult day care services that include home 03 care services unless the grantee has agreed to request criminal history record 04 information as permitted by P.L. 105-277 and AS 12.62 for the individual who will 05 provide the services within 10 business days after the individual is hired to provide the 06 services and review the information within five business days after receiving it. 07 * Sec. 19. AS 47.65.290(3) is repealed and reenacted to read: 08 (3) "department" means the Department of Health and Social Services;