SB 4: "An Act extending the cash assistance benefit program for seniors under the senior care program and increasing the benefit amount; and providing for an effective date."
00 SENATE BILL NO. 4 01 "An Act extending the cash assistance benefit program for seniors under the senior care 02 program and increasing the benefit amount; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 47.45.300(a) is amended to read: 05 (a) The senior care program is established in the Department of Health and 06 Social Services to provide cash assistance benefits [AND PRESCRIPTION DRUG 07 BENEFITS] as far as practicable under appropriations provided by law. 08 * Sec. 2. AS 47.45.300(c) is amended to read: 09 (c) If the department estimates that appropriations for the program are 10 insufficient to meet the demands of the program in a fiscal year, the department may 11 reduce or eliminate the benefits available to recipients. [BENEFITS SHALL BE 12 REDUCED OR ELIMINATED IN THE FOLLOWING ORDER: 13 (1) DEDUCTIBLE COVERAGE UNDER AS 47.45.320(c); 14 (2) PREMIUM COVERAGE UNDER AS 47.45.320(c);
01 (3) CASH ASSISTANCE UNDER AS 47.45.310(b).] 02 * Sec. 3. AS 47.45.310(b) is amended to read: 03 (b) An eligible individual who meets the income standard of (a)(3) of this 04 section shall receive cash assistance of $150 [$120] a month as far as practicable 05 under appropriations available to the program. 06 * Sec. 4. AS 47.45.330 is amended to read: 07 Sec. 47.45.330. Continuation of benefits. An eligible individual who leaves 08 the state may not receive a cash assistance benefit under AS 47.45.310 [OR 09 PRESCRIPTION DRUG BENEFIT UNDER AS 47.45.320] during the absence unless 10 the individual's absence is temporary and is for one of the following reasons: 11 (1) to receive medical treatment for the individual; 12 (2) to accompany the individual's family member who is receiving 13 medical treatment outside the state; or 14 (3) for a vacation, business trip, or other absence of less than 30 15 consecutive days, unless the individual has applied for and received a time extension 16 from the department for special circumstances. 17 * Sec. 5. AS 47.45.340 is amended to read: 18 Sec. 47.45.340. Appeal rights. An individual who receives a determination 19 from the department that denies, limits, or modifies a cash assistance benefit [OR 20 PRESCRIPTION DRUG BENEFIT] under AS 47.45.300 - 47.45.390, other than a 21 determination under AS 47.45.300(c) to reduce or eliminate benefits, may request a 22 hearing before the department under regulations adopted by the department. 23 * Sec. 6. AS 47.45.350 is amended to read: 24 Sec. 47.45.350. Ability to recover or recoup improper assistance benefits. 25 An individual is liable to the department for the value of assistance or benefits 26 improperly paid to the person under AS 47.45.310 or former AS 47.45.320 27 [47.45.320] if the improper payment was based on inaccurate or incomplete 28 information provided by the individual. In a civil action brought by the state to recover 29 from the individual the value of assistance or benefits improperly paid under 30 AS 47.45.310 or former AS 47.45.320 [47.45.320], the state may recover from the 31 individual the costs of investigation and prosecution of the civil action, including
01 attorney fees as determined under court rules. 02 * Sec. 7. AS 47.45.390(2) is amended to read: 03 (2) "eligible individual" means an individual who meets the 04 requirements of AS 47.45.310 [OR 47.45.320] and regulations adopted under that 05 statute [THOSE STATUTES] for eligibility for the program; 06 * Sec. 8. Section 4, ch. 89, SLA 2005, is repealed and reenacted to read: 07 Sec. 4. AS 47.45.320 is repealed on June 30, 2007. 08 * Sec. 9. Section 9, ch. 89, SLA 2005, is repealed. 09 * Sec. 10. The uncodified law of the State of Alaska is amended by adding a new section to 10 read: 11 RETROACTIVITY AND REVIVAL. If secs. 1 - 9 of this Act take effect after 12 June 30, 2007, 13 (1) AS 47.45.300 - 47.45.390, as amended by this Act, and secs. 8 and 9 of 14 this Act, are retroactive to June 30, 2007; and 15 (2) AS 47.45.300, 47.45.310, 47.45.330, 47.45.340, 47.45.350, 47.45.360, and 16 47.45.390, as amended by this Act, are revived. 17 * Sec. 11. Section 10 of this Act takes effect immediately under AS 01.10.070(c). 18 * Sec. 12. Except as provided in sec. 11 of this Act, this Act takes effect June 30, 2007.