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HB 299: "An Act relating to rates charged in a Pioneers' Home."

00HOUSE BILL NO. 299 01 "An Act relating to rates charged in a Pioneers' Home." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 47.55.020(b) is amended to read: 04  (b) Every person admitted to the Pioneers' Home who receives income from 05 any source in excess of $100 per month may be required by the Department of 06 Administration to pay the excess to the department immediately upon receipt of the 07 money in payment, or part payment, of the cost of the person's care. However, the 08 department may not require in any month the payment of an amount greater than the 09 monthly rate set under AS 47.55.030(f) plus ancillary charges prescribed under 10 AS 47.55.030(b) except to satisfy an indebtedness incurred under AS 47.55.070. The 11 department may not evict a person from the Pioneers' Home if the income and assets 12 of the person are insufficient to pay the monthly rate set under AS 47.55.030(f) plus 13 ancillary charges prescribed under AS 47.55.030(b) and the person is otherwise in 14 compliance with requirements under this chapter.

01 * Sec. 2. AS 47.55.020(e) is amended to read: 02  (e) Notwithstanding AS 47.55.070 and (b) of this section, a resident whose 03 income and assets are insufficient to pay the monthly rate set under AS 47.55.030(f) 04 and the ancillary charges set under AS 47.55.030(b) qualifies for payment assistance 05 if the resident is otherwise in compliance with requirements under this chapter. The 06 amount of payment assistance shall equal the amount needed, when added to other 07 income and assets of the resident, to pay the monthly rate set under AS 47.55.030(f) 08 and the ancillary charges set under AS 47.55.030(b). Payment assistance received 09 by a resident is a debt to the state. In determining the amount of payment assistance 10 for which a resident qualifies, the following income and assets of a Pioneers' Home 11 resident shall be disregarded: 12  (1) income from any source in an amount equal to at least $100 per 13 month as established by regulation of the Department of Administration; 14  (2) the following assets received under 43 U.S.C. 1601 - 1629e (Alaska 15 Native Claims Settlement Act): 16  (A) cash dividends and other income equal to at least $2,000 17 as established by regulation of the Department of Administration; 18  (B) stock; 19  (C) noncash dividends from stock; and 20  (D) land; 21  (3) a permanent fund dividend issued under AS 43.23; 22  (4) veterans' benefits paid under 38 U.S.C. 1114; 23  (5) compensation to volunteers under the federal retired and senior 24 volunteers (42 U.S.C. 5001), foster grandparents (42 U.S.C. 5011), and senior 25 companion (42 U.S.C. 5013) programs made in accordance with 42 U.S.C. 5044(f); 26  (6) federal World War II restitution payments made under 50 U.S.C. 27 1989b-4 and c-5; 28  (7) payments under AS 18.67 (crime victim compensation); 29  (8) an amount determined by regulation of the Department of 30 Administration sufficient for burial expenses of the resident, the resident's spouse, and 31 dependents of the resident;

01  (9) real property being used as the primary residence of the resident's 02 spouse or a dependent of the resident; 03  (10) other real or personal property equal to at least a total value of 04 $5,000 as established by regulation of the Department of Administration. 05 * Sec. 3. AS 47.55.030(a) is amended to read: 06  (a) A person eligible for admission under AS 47.55.020 may on application 07 be admitted to the home upon the person's agreement to pay to the state each month 08 the applicable [AN] amount specified in (f) of this section in addition to ancillary 09 charges that may be prescribed by the Department of Administration under (b) of 10 this section [CONSIDERS SUFFICIENT TO COMPENSATE THE STATE FOR THE 11 COST OF CARE AND SUPPORT OF THE PERSON AT THE HOME]. When this 12 agreement is entered into , the Department of Administration may require security for 13 the payments. 14 * Sec. 4. AS 47.55.030(b) is amended to read: 15  (b) The Department of Administration shall adopt regulations relating to 16 ancillary charges that may be assessed against a resident [ESTABLISHING A 17 MONTHLY RATE FOR THE COMPENSATION A RESIDENT IS TO BE 18 CHARGED UNDER (a) OF THIS SECTION. THE RATE CHARGED NEED NOT 19 FULLY COMPENSATE THE STATE FOR THE COST OF CARE AND SUPPORT]. 20 The commissioner of administration shall review the rates set under (f) of this 21 section and the costs of care for residents of the home [RATE] each year for the 22 purpose of making recommendations under AS 47.55.010. Notwithstanding any 23 other provision of this chapter or of AS 44.21, the rates set under (f) of this 24 section may not be changed by regulation . 25 * Sec. 5. AS 47.55.030 is amended by adding new subsections to read: 26  (f) A person admitted under (a) of this section shall pay a monthly rate as 27 follows: 28  (1) for coordinated services - $1,340; 29  (2) for basic assisted living services - $2,150; 30  (3) for enhanced assisted living services - $2,730; 31  (4) for Alzheimer's disease and related disorders services - $2,815;

01  (5) for comprehensive services - $3,395. 02  (g) In this section, 03  (1) "Alzheimer's disease and related disorders services" means, in 04 addition to enhanced assisted living services, services as agreed upon and 24-hour 05 supervision within an environment adapted to supporting the activities of daily living 06 of persons with Alzheimer's disease and related disorders; 07  (2) "ancillary charges" means monthly charges for the cost of supplies, 08 medication, equipment, and services beyond those covered by the rate specified in (f) 09 of this section furnished to a home resident; 10  (3) "basic assisted living services" means the provision of housing, 11 meals, emergency assistance, opportunities for recreation, and, as agreed upon, 12 occasional cues and intermittent assistance with activities of daily living, health care, 13 and recreation, but not including 24-hour supervision; 14  (4) "comprehensive services" means, in addition to the provision of 15 housing, meals, emergency assistance, and opportunities for recreation, the provision 16 to residents, as agreed upon, of assistance with activities of daily living, intermittent 17 health care, 24-hour supervision, and one or more of the following: 18  (A) 24-hour skilled nursing care for up to 45 continuous days 19 (infirmary services); 20  (B) extensive assistance with activities of daily living; 21  (C) care of the terminally ill; 22  (5) "coordinated services" means the provision of housing, meals, 23 emergency assistance, and opportunities for recreation; 24  (6) "enhanced assisted living services" means, in addition to the basic 25 assisted living services, the provision of assistance with activities of daily living and 26 intermittent health care, as agreed upon, with 24-hour supervision. 27 * Sec. 6. AS 47.55.070(a) is amended to read: 28  (a) The following expenses incurred for a Pioneers' Home resident under this 29 chapter and not recoverable from a collateral source are a debt of the resident to the 30 state and may be recovered during the life of the resident: 31  (1) costs of standard or nursing care provided in the Pioneers' Home

01 each month to the resident not exceeding the rates and charges [RATE] established 02 [BY THE DEPARTMENT OF ADMINISTRATION] under AS 47.55.030, with credit 03 given for any amounts paid by or collected from the resident; 04  (2) allowances paid under AS 47.55.020(c); 05  (3) [REPEALED 06  (4)] arrearages in fees for television and telephone services provided 07 in the Pioneers' Home; 08  (4) [(5)] prescription medicine [; AND 09  (6) REPEALED]. 10 * Sec. 7. AS 47.55.030(c) and 47.55.030(d) are repealed.