HB 168: "An Act requiring the Department of Health and Social Services to provide and allow submission of an electronic application for certain state benefits; and providing for an effective date."
00 HOUSE BILL NO. 168 01 "An Act requiring the Department of Health and Social Services to provide and allow 02 submission of an electronic application for certain state benefits; and providing for an 03 effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 47.05.010 is amended to read: 06 Sec. 47.05.010. Duties of department. The Department of Health and Social 07 Services shall 08 (1) administer adult public assistance, the Alaska temporary assistance 09 program, and all other assistance programs, and receive and spend money made 10 available to it; 11 (2) adopt regulations necessary for the conduct of its business and for 12 carrying out federal and state laws granting adult public assistance, temporary cash 13 assistance, diversion payments, or self-sufficiency services for needy families under 14 the Alaska temporary assistance program, and other assistance;
01 (3) establish minimum standards for personnel employed by the 02 department and adopt necessary regulations to maintain those standards; 03 (4) require those bonds and undertakings from persons employed by it 04 that, in its judgment, are necessary, and pay the premiums on them; 05 (5) cooperate with the federal government in matters of mutual 06 concern pertaining to adult public assistance, the Alaska temporary assistance 07 program, and other forms of public assistance; 08 (6) make the reports, in the form and containing the information, that 09 the federal government from time to time requires; 10 (7) cooperate with the federal government, its agencies, or 11 instrumentalities in establishing, extending, and strengthening services for the 12 protection and care of homeless, dependent, and neglected children in danger of 13 becoming delinquent, and receive and expend funds available to the department by the 14 federal government, the state, or its political subdivisions for that purpose; 15 (8) cooperate with the federal government in adopting state plans to 16 make the state eligible for federal matching in appropriate categories of assistance, and 17 in all matters of mutual concern, including adoption of the methods of administration 18 that are found by the federal government to be necessary for the efficient operation of 19 welfare programs; 20 (9) adopt regulations, not inconsistent with law, defining need, 21 prescribing the conditions of eligibility for assistance, and establishing standards for 22 determining the amount of assistance that an eligible person is entitled to receive; the 23 amount of the assistance is sufficient when, added to all other income and resources 24 available to an individual, it provides the individual with a reasonable subsistence 25 compatible with health and well-being; an individual who meets the requirements for 26 eligibility for assistance shall be granted the assistance promptly upon application for 27 it; 28 (10) grant to a person claiming or receiving assistance and who is 29 aggrieved because of the department's action or failure to act, reasonable notice and an 30 opportunity for a fair hearing by the office of administrative hearings (AS 44.64.010), 31 and the department shall adopt regulations relative to this;
01 (11) enter into reciprocal agreements with other states relative to 02 public assistance, welfare services, and institutional care that are considered advisable; 03 (12) establish the requirements of residence for public assistance, 04 welfare services, and institutional care that are considered advisable, subject to the 05 limitations of other laws of the state, or law or regulation imposed as conditions for 06 federal financial participation; 07 (13) establish the divisions and local offices that are considered 08 necessary or expedient to carry out a duty or authority assigned to it and appoint and 09 employ the assistants and personnel that are necessary to carry on the work of the 10 divisions and offices, and fix the compensation of the assistants or employees, except 11 that a person engaged in business as a retail vendor of general merchandise, or a 12 member of the immediate family of a person who is so engaged, may not serve as an 13 acting, temporary, or permanent local agent of the department, unless the 14 commissioner of health and social services certifies in writing to the governor, with 15 relation to a particular community, that no other qualified person is available in the 16 community to serve as local welfare agent; for the purposes of this paragraph, a 17 "member of the immediate family" includes a spouse, child, parent, brother, sister, 18 parent-in-law, brother-in-law, or sister-in-law; 19 (14) provide education and health-related services and referrals 20 designed to reduce the number of out-of-wedlock pregnancies and the number of 21 induced pregnancy terminations in the state; 22 (15) investigate reports of abuse, neglect, or misappropriation of 23 property by certified nurse aides in facilities licensed by the department under 24 AS 47.32; 25 (16) establish state policy relating to and administer federal programs 26 subject to state control as provided under 42 U.S.C. 3001 - 3058ee (Older Americans 27 Act of 1965), as amended, and related federal regulations; 28 (17) administer the older Alaskans service grants under AS 47.65.010 - 29 47.65.050 and the adult day care and family respite care grants under AS 47.65.100; 30 (18) actively seek to recruit quality foster parents and adoptive parents 31 when a shortage of quality foster parents or adoptive parents exists;
01 (19) establish an electronic application process for all assistance 02 programs administered by the department and allow an applicant to submit 03 either a written or an electronic application; in this paragraph, "electronic 04 application" means an application for benefits or renewal of benefits, whether 05 the department exclusively administers the benefits or administers the benefits in 06 coordination with another state agency or federal agency, electronically 07 completed and submitted through the department's Internet website. 08 * Sec. 2. AS 47.08.150(b) is amended to read: 09 (b) A needy person suffering from a chronic or an acute medical condition 10 who is eligible for general relief assistance under AS 47.25.120 and is not eligible for 11 the medical assistance program under AS 47.07 may apply for assistance under this 12 section. The department shall make a determination of eligibility based on a general 13 relief assistance application. The requirements of AS 47.08.020 - 47.08.140 do not 14 apply to assistance sought under this section, except that, notwithstanding (c) of this 15 section, neither reimbursement nor assistance may be paid by the department for 16 services that are listed in AS 47.08.050 as those services are defined in AS 47.08.140. 17 The department shall establish an electronic application for assistance under this 18 section. The department shall allow an applicant to complete and submit a secure 19 electronic application for assistance through the department's Internet website. 20 * Sec. 3. AS 47.25.001(a) is amended to read: 21 (a) The department shall 22 (1) implement and administer a program to assist in providing day care 23 for the children of low and moderate income families according to the requirements of 24 AS 47.25.001 - 47.25.095; 25 (2) establish standards of eligibility for day care benefits; 26 (3) contract for the care of children of eligible families; 27 (4) establish procedures to periodically review the needs of families 28 receiving day care benefits; 29 (5) provide notification to the local government body of the request for 30 a contract with a day care facility; 31 (6) establish an electronic application for assistance and allow an
01 applicant to submit an application in electronic format or in other formats 02 required by state and federal law. 03 * Sec. 4. AS 47.25.071(e) is amended to read: 04 (e) An application for a grant under this section shall be made in a format 05 [THE FORM] established by the department. The department shall establish an 06 electronic application for a grant and allow an applicant to submit an application 07 in electronic format or in other formats required by state and federal law. 08 * Sec. 5. AS 47.25.095 is amended by adding a new paragraph to read: 09 (7) "electronic application" means an application for benefits or 10 renewal of benefits electronically completed and submitted through the department's 11 Internet website. 12 * Sec. 6. AS 47.25.150 is amended to read: 13 Sec. 47.25.150. Application for assistance. A person requesting assistance 14 shall apply for it, either personally or through another person, in a format and 15 manner prescribed in [UPON FORMS FURNISHED AND UNDER] regulations 16 adopted by the department. Regulations adopted under this section must establish 17 an electronic application for assistance and allow an applicant to submit an 18 application in electronic format or in other formats required by state and federal 19 law. In this section, "electronic application" means an application for benefits or 20 renewal of benefits, whether the department exclusively administers the benefits 21 or administers the benefits in coordination with another state agency or federal 22 agency, electronically completed and submitted through the department's 23 Internet website. 24 * Sec. 7. AS 47.25.440 is amended to read: 25 Sec. 47.25.440. Application for assistance. A person requesting assistance 26 shall apply for it, either personally or through another, in a format and manner 27 prescribed in [UPON FORMS FURNISHED AND UNDER] regulations adopted by 28 the department. Regulations adopted under this section must establish an 29 electronic application for assistance and allow an applicant to submit an 30 application in electronic format or in other formats required by state and federal 31 law. In this section, "electronic application" means an application for benefits or
01 renewal of benefits, whether the department exclusively administers the benefits 02 or administers the benefits in coordination with another state agency or federal 03 agency, electronically completed and submitted through the department's 04 Internet website. 05 * Sec. 8. AS 47.25.622 is amended to read: 06 Sec. 47.25.622. Duties. The Department of Health and Social Services shall 07 (1) administer the Alaska affordable heating program provided under 08 AS 47.25.621; 09 (2) adopt regulations under AS 44.62 (Administrative Procedure Act) 10 to carry out the purpose of the program; 11 (3) coordinate payments among other heating assistance programs to 12 avoid duplication of payments; 13 (4) establish an electronic application for the Alaska affordable 14 heating program and allow an applicant to submit an application in electronic 15 format or in other formats required by state and federal law; in this paragraph, 16 "electronic application" means an application for benefits or renewal of benefits, 17 whether the department exclusively administers the benefits or administers the 18 benefits in coordination with another state agency or federal agency, 19 electronically completed and submitted through the department's Internet 20 website. 21 * Sec. 9. AS 47.25.980(a) is amended to read: 22 (a) The department shall 23 (1) adopt regulations necessary to carry out the food stamp program; 24 (2) cooperate with the federal government and do all things necessary 25 to continue state eligibility under the food stamp program; 26 (3) comply with the requirements of 7 U.S.C. 2011 - 2036 (Food 27 Stamp Program); 28 (4) establish an electronic application for the food stamp program 29 and allow an applicant to submit an application in electronic format or in other 30 formats required by state and federal law; in this paragraph, "electronic 31 application" means an application for benefits or renewal of benefits, whether
01 the department exclusively administers the benefits or administers the benefits in 02 coordination with another state agency or federal agency, electronically 03 completed and submitted through the department's Internet website. 04 * Sec. 10. AS 47.27.020(a) is amended to read: 05 (a) An applicant under the Alaska temporary assistance program shall 06 complete an application in writing, or by electronic means, and in a format [FORM] 07 specified in regulations adopted by the department. Regulations adopted under this 08 subsection must establish an electronic application for the program and allow an 09 applicant to submit an application in electronic format or in other formats 10 required by state and federal law. The applicant must be a pregnant woman or an 11 individual who has physical custody of the dependent child or children. The 12 application must be complete and must provide all of the information about the family 13 and the child or children that is requested by the department. The applicant shall 14 provide all supporting documentation for verification that the department determines 15 to be necessary to establish eligibility. In this subsection, "electronic application" 16 means an application for benefits or renewal of benefits, whether the department 17 exclusively administers the benefits or administers the benefits in coordination 18 with another state agency or federal agency, electronically completed and 19 submitted through the department's Internet website. 20 * Sec. 11. AS 47.45.302(a) is amended to read: 21 (a) An individual is eligible for a cash assistance benefit under the program if 22 the individual 23 (1) is 65 years of age or older; 24 (2) is a resident of the state; 25 (3) is a citizen of the United States or a qualified alien under 8 U.S.C. 26 1613 and 1641; 27 (4) has a household income that does not exceed 175 percent of the 28 annual federal poverty line for Alaska, as determined by the United States Department 29 of Health and Human Services and revised under 42 U.S.C. 9902(2); 30 (5) has not received a longevity bonus payment under AS 47.45.010 - 31 47.45.160 for the same period; and
01 (6) applies in the format prescribed by the department; the department 02 may use an abbreviated form for an individual who received a payment under an 03 assistance program for seniors that paid $120 a month and was administered by the 04 department on or before July 29, 2007; the department shall establish an electronic 05 application for a cash assistance benefit and allow an applicant to submit an 06 application in electronic format or in other formats required by state and federal 07 law; in this paragraph, "electronic application" means an application for benefits 08 or renewal of benefits, whether the department exclusively administers the 09 benefits or administers the benefits in coordination with another state agency or 10 federal agency, electronically completed and submitted through the department's 11 Internet website. 12 * Sec. 12. The uncodified law of the State of Alaska is amended by adding a new section to 13 read: 14 TRANSITION: REGULATIONS. The Department of Health and Social Services may 15 adopt regulations necessary to implement the changes made by this Act. The regulations take 16 effect under AS 44.62 (Administrative Procedure Act), but not before July 1, 2022. 17 * Sec. 13. Section 12 of this Act takes effect immediately under AS 01.10.070(c). 18 * Sec. 14. Except as provided in sec. 13 of this Act, this Act takes effect July 1, 2022.