Enrolled HB 16: Extending the senior benefits payment program; and relating to income allowances for medical assistance recipients and Alaska Pioneers' Homes and Alaska Veterans' Homes residents.
00Enrolled HB 16 01 Extending the senior benefits payment program; and relating to income allowances for 02 medical assistance recipients and Alaska Pioneers' Homes and Alaska Veterans' Homes 03 residents. 04 _______________ 05 * Section 1. AS 47.45 is amended by adding a new section to read: 06 Article 4. Long-term Care Allowance. 07 Sec. 47.45.400. Long-term care allowance. (a) The department shall exclude 08 a personal needs allowance of $200 a month from the income calculation made for the 09 reimbursed cost of long-term care facility services, including swing-bed facility 10 services, paid by the department for a person who is a recipient of medical assistance 11 benefits under AS 47.07.020. 12 (b) The department shall pay a personal needs allowance of $200 a month to a 13 resident of a long-term care facility in the state who is without income or resources. 14 (c) In this section, "long-term care facility" means an establishment, other than
01 an Alaska Pioneers' Home or an Alaska Veterans' Home, that is 02 (1) licensed by the department under AS 47.32 as a skilled nursing 03 facility or intermediate care facility; or 04 (2) owned or operated as a skilled nursing facility or intermediate care 05 facility by the United States, an Indian tribe, or a tribal organization and exempt from 06 state licensure under applicable law. 07 * Sec. 2. AS 47.55.020(b) is amended to read: 08 (b) Every person admitted to a home who receives income from any source in 09 excess of $200 [$100] a month shall be required by the department to pay the excess 10 to the department immediately upon receipt of the money in payment, or part payment, 11 of the cost of the person's care. However, the department may not require in any 12 month the payment of an amount greater than the monthly rate set under 13 AS 47.55.030(b) except to satisfy indebtedness incurred under AS 47.55.070. The 14 department may not evict a person from a home if the income and assets of the person 15 are insufficient to pay the monthly rate set under AS 47.55.030(b) and the person is 16 otherwise in compliance with requirements under this chapter. 17 * Sec. 3. AS 47.55.020(c) is amended to read: 18 (c) At the end of each month, the payments made under (b) of this section 19 shall be transmitted to the commissioner of revenue. The department shall [MAY] pay 20 the sum of $200 [$100] a month to a resident who is without income or resources 21 [MONEY]. 22 * Sec. 4. AS 47.55.020(d) is amended to read: 23 (d) Notwithstanding AS 47.55.070 and (b) of this section, a resident of a home 24 whose income, assets, and other resources are insufficient to pay the monthly rate set 25 under AS 47.55.030(b), and who does not have private insurance to cover the cost of 26 care, qualifies for payment assistance if the resident is otherwise in compliance with 27 requirements under this chapter. The amount of payment assistance equals the amount 28 needed, when added to other income and assets of the resident, to pay the monthly rate 29 set under AS 47.55.030(b). Payment assistance received by a home resident is a debt 30 to the state. In determining the amount of payment assistance for which a home 31 resident qualifies, the following income, assets, and other resources of the resident
01 shall be disregarded: 02 (1) income from any source in an amount up to $200 [$100] a month 03 as established by the department by regulation; 04 (2) the following assets received under 43 U.S.C. 1601 et seq. (Alaska 05 Native Claims Settlement Act): 06 (A) cash dividends and other income equal to at least $2,000 as 07 established by the department by regulation; 08 (B) stock; 09 (C) noncash dividends from stock; and 10 (D) land; 11 (3) a permanent fund dividend issued under AS 43.23; 12 (4) compensation to volunteers under the federal retired and senior 13 volunteers (42 U.S.C. 5001), foster grandparents (42 U.S.C. 5011), and senior 14 companion (42 U.S.C. 5013) programs made in accordance with 42 U.S.C. 5044(f); 15 (5) federal World War II restitution payments made under 50 U.S.C. 16 App. 1989b-4 and c-5; 17 (6) payments under AS 18.67 (Violent Crimes Compensation Board); 18 (7) an amount, determined by the department by regulation, that is 19 sufficient for burial expenses of the resident, the resident's spouse, and dependents of 20 the resident; 21 (8) real property being used as the primary residence of the resident's 22 spouse or a dependent of the resident; 23 (9) other real or personal property equal to at least a total value of up 24 to $10,000 as established by the department by regulation; 25 (10) federal payments that are excluded by law from income for 26 federal assistance purposes. 27 * Sec. 5. Section 4, ch. 1, FSSLA 2007, is amended to read: 28 Sec. 4. AS 09.38.015(a)(11); AS 47.45.301, 47.45.302, 47.45.304, 47.45.306, 29 47.45.308, and 47.45.309 are repealed June 30, 2015 [2011].