CSHB 67(FIN): "An Act relating to eligibility for and payments of public assistance; and providing for an effective date."
00CS FOR HOUSE BILL NO. 67(FIN) 01 "An Act relating to eligibility for and payments of public assistance; and 02 providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 47.25.320(a) is amended to read: 05 (a) The department shall determine the amount of assistance for a dependent 06 child, and the relative with whom the dependent child is living, with regard to the 07 resources and necessary expenditures of the family and the condition existing in each 08 case. Assistance is sufficient if, when added to all other income and support available 09 to the child, the child and relative have reasonable subsistence compatible with 10 decency and health. However, the amount of assistance may not exceed the following: 11 (1) dependent child living with nonneedy relative: for a dependent 12 child [UNDER AGE 18] who is living in the home of a nonneedy relative, $452 13 [$200], plus $102 for [AN ADDITIONAL $200 FOR THE SECOND CHILD, AND 14 $65 A CHILD FOR THE THIRD AND] each additional child;
01 (2) dependent child living with parent: 02 (A) for a parent and one dependent child [UNDER 18], a 03 maximum of $821 [$500]; 04 (B) [REPEALED 05 (C)] for each additional dependent child, or for a second 06 parent, $102 [UNDER AGE 18, $65] a month per individual [CHILD]; 07 (3) pregnant woman who is otherwise eligible for assistance under this 08 section, or [: AN AMOUNT EQUAL TO THE ASSISTANCE RECEIVED BY] a 09 single-person household that does not consist of a dependent child: $514 [UNDER 10 THIS SECTION AS DETERMINED BY THE DEPARTMENT PLUS A SPECIAL 11 NEEDS ALLOWANCE NOT TO EXCEED $20] a month. 12 * Sec. 2. AS 47.25.320(d) is amended to read: 13 (d) If benefits under 42 U.S.C. 1381 - 1383 [42 U.S.C. 1381 - 1385] (Social 14 Security Act Supplemental Security Income Program) are increased because of an 15 increase in the cost of living and the legislature has appropriated money 16 specifically for the purpose of increasing the monetary maximums in (a) of this 17 section because of the increase in federal benefits, the department shall increase the 18 monetary maximums in (a) of this section by a percentage equal to the percentage 19 increase in the benefits under 42 U.S.C. 1381 - 1383; this increase in the monetary 20 maximums takes effect on the same day that the corresponding federal increase 21 in benefits under 42 U.S.C. 1381 - 1383 takes effect. The department shall also 22 increase the monetary maximums in (a) of this section if the department 23 determines during a calendar year that assistance under (a)(2)(A) of this section 24 is less than 75 percent of the federal poverty guideline for Alaska for a family 25 unit with two members as determined by the secretary of the Department of 26 Health and Human Services under 42 U.S.C. 9902(2); if the department makes 27 this determination, the department shall increase all of the monetary maximums 28 under (a) of this section by a percentage that equals the percentage increase in 29 benefits under 42 U.S.C. 1381 - 1383 that takes place the first time that the 30 federal benefits under 42 U.S.C. 1381 - 1383 are increased after the calendar year 31 in which the department makes the determination; this increase takes effect the
01 same day as the federal increase in benefits under 42 U.S.C. 1381 - 1383 takes 02 effect [42 U.S.C. 1381 - 1385]. 03 * Sec. 3. AS 47.25.320 is amended by adding a new subsection to read: 04 (g) The department may adopt regulations to establish a monthly need standard 05 for a dependent child and the relative with whom the dependent child is living that 06 equals or exceeds the monetary maximums set in (a) of this section. 07 * Sec. 4. AS 47.25.430(b) is amended to read: 08 (b) The department shall determine the amount of assistance with regard to the 09 resources and needs of the person and the conditions existing in each case. Assistance 10 shall be in an amount that will provide the applicant with reasonable subsistence 11 compatible with decency and health in accordance with standards established by the 12 department and with the standards established under 42 U.S.C. 1381 - 1383 [42 U.S.C. 13 1381 - 1385] (Title XVI, Social Security Act Supplemental Security Income Program). 14 Direct payments for medical services and remedial care may not be considered 15 in determining the maximum amount payable. When benefit amounts under 42 16 U.S.C. 1381 - 1383 [42 U.S.C. 1381 - 1385] are increased as a result of an increase 17 in the cost of living, the state shall pass along the increase to recipients and shall 18 increase the amount of the state contribution to recipients, other than those receiving 19 a personal needs allowance, by a percentage of the state contribution equal to the 20 percentage increase in the benefit amounts under 42 U.S.C. 1381 - 1383 if the 21 legislature has appropriated money specifically for the purpose of increasing the 22 state contribution because of an increase in federal benefit amounts under 42 23 U.S.C. 1381 - 1383; this increase in the state contribution takes effect on the same 24 day that the corresponding federal increase in benefits under 42 U.S.C. 1381 - 25 1383 takes effect. The state shall also increase the state's contribution to 26 recipients other than those receiving a personal needs allowance if the department 27 determines during a calendar year that assistance under this section to an eligible 28 individual living independently, when added to the individual's other countable 29 income as determined under regulations of the department, is less than 100 30 percent of the federal poverty guideline for Alaska for a family unit with one 31 member as determined by the secretary of the Department of Health and Human
01 Services under 42 U.S.C. 9902(2); if the department makes this determination, the 02 state shall increase the state's contribution to all recipients, other than those 03 receiving a personal needs allowance, by a percentage that equals the percentage 04 increase in benefits under 42 U.S.C. 1381 - 1383 that takes place the first time 05 that the federal benefits under 42 U.S.C. 1381 - 1383 are increased after the 06 calendar year in which the department makes the determination; this increase 07 takes effect the same day as the federal increase in benefits under 42 U.S.C. 1381 08 - 1383 takes effect [42 U.S.C. 1381 - 1385. DIRECT PAYMENTS FOR MEDICAL 09 SERVICES AND REMEDIAL CARE MAY NOT BE CONSIDERED IN 10 DETERMINING THE MAXIMUM AMOUNT PAYABLE]. 11 * Sec. 5. AS 47.25.430 is amended by adding a new subsection to read: 12 (e) Notwithstanding (a) and (b) of this section, the department shall, in a 13 manner that complies with federal requirements, reduce the maximum state 14 contribution to recipients otherwise payable on July 1, 1993, to the maximum state 15 contribution to recipients that was in effect on January 1, 1992. After June 30, 1993, 16 the department shall, in a manner that complies with federal requirements, calculate 17 the amount of monthly assistance for a recipient based on the maximum state 18 contribution to recipients in effect on January 1, 1992, as modified by any increase 19 under (b) of this section. 20 * Sec. 6. AS 47.25.455 is amended by adding new subsections to read: 21 (c) A person applying for assistance under this section shall, as a condition of 22 eligibility for assistance, agree to repay the state for assistance granted upon the 23 person's receipt of a benefit under 42 U.S.C. 1381 - 1383 for a month in which the 24 person received interim assistance under this section. The monthly repayment required 25 by this subsection may not exceed the amount of assistance that the person received 26 under 42 U.S.C. 1381 - 1383 for that month. 27 (d) Beginning the first full month after a person is determined to be eligible 28 for assistance under 42 U.S.C. 1381 - 1383, the department shall terminate interim 29 assistance to that person under this section and begin payments to the person under 30 AS 47.25.430. 31 * Sec. 7. AS 47.25.320(e) is repealed.
01 * Sec. 8. TRANSITION FOR REGULATIONS. The Department of Health and Social 02 Services shall adopt regulations necessary to implement this Act, consistent with federal 03 requirements. The regulations take effect under AS 44.62 (Administrative Procedure Act), but 04 not before July 1, 1993. 05 * Sec. 9. Sections 1 - 7 of this Act take effect July 1, 1993. 06 * Sec. 10. Section 8 of this Act takes effect immediately under AS 01.10.070(c).