HCS SB 58(FIN): "An Act relating to Medicaid eligibility; expanding eligibility for postpartum mothers; conditioning the expansion of eligibility on approval by the United States Department of Health and Human Services; and providing for an effective date."
00 HOUSE CS FOR SENATE BILL NO. 58(FIN) 01 "An Act relating to Medicaid eligibility; expanding eligibility for postpartum mothers; 02 conditioning the expansion of eligibility on approval by the United States Department of 03 Health and Human Services; and providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 47.07.020(b) is amended to read: 06 (b) In addition to the persons specified in (a) of this section, the following 07 optional groups of persons for whom the state may claim federal financial 08 participation are eligible for medical assistance: 09 (1) persons eligible for but not receiving assistance under any plan of 10 the state approved under 42 U.S.C. 1381 - 1383c (Title XVI, Social Security Act, 11 Supplemental Security Income) or a federal program designated as the successor to the 12 aid to families with dependent children program; 13 (2) persons in a general hospital, skilled nursing facility, or 14 intermediate care facility, who, if they left the facility, would be eligible for assistance
01 under one of the federal programs specified in (1) of this subsection; 02 (3) persons under 21 years of age who are under supervision of the 03 department, for whom maintenance is being paid in whole or in part from public 04 funds, and who are in foster homes or private child-care institutions; 05 (4) aged, blind, or disabled persons, who, because they do not meet 06 income and resources requirements, do not receive supplemental security income 07 under 42 U.S.C. 1381 - 1383c (Title XVI, Social Security Act), and who do not 08 receive a mandatory state supplement, but who are eligible, or would be eligible if 09 they were not in a skilled nursing facility or intermediate care facility to receive an 10 optional state supplementary payment; 11 (5) persons under 21 years of age who are in an institution designated 12 as an intermediate care facility for persons with intellectual and developmental 13 disabilities and who are financially eligible as determined by the standards of the 14 federal program designated as the successor to the aid to families with dependent 15 children program; 16 (6) persons in a medical or intermediate care facility whose income 17 while in the facility does not exceed 300 percent of the supplemental security income 18 benefit rate under 42 U.S.C. 1381 - 1383c (Title XVI, Social Security Act) but who 19 would not be eligible for an optional state supplementary payment if they left the 20 hospital or other facility; 21 (7) persons under 21 years of age who are receiving active treatment in 22 a psychiatric hospital and who are financially eligible as determined by the standards 23 of the federal program designated as the successor to the aid to families with 24 dependent children program; 25 (8) persons under 21 years of age and not covered under (a) of this 26 section, who would be eligible for benefits under the federal program designated as 27 the successor to the aid to families with dependent children program, except that they 28 have the care and support of both their natural and adoptive parents; 29 (9) pregnant women not covered under (a) of this section and who 30 meet the income and resource requirements of the federal program designated as the 31 successor to the aid to families with dependent children program;
01 (10) persons under 21 years of age not covered under (a) of this section 02 who the department has determined cannot be placed for adoption without medical 03 assistance because of a special need for medical or rehabilitative care and who the 04 department has determined are hard-to-place children eligible for subsidy under 05 AS 25.23.190 - 25.23.210; 06 (11) persons who can be considered under 42 U.S.C. 1396a(e)(3) (Title 07 XIX, Social Security Act, Medical Assistance) to be individuals with respect to whom 08 a supplemental security income is being paid under 42 U.S.C. 1381 - 1383c (Title 09 XVI, Social Security Act) because they meet all of the following criteria: 10 (A) they are 18 years of age or younger and qualify as disabled 11 individuals under 42 U.S.C. 1382c(a) (Title XVI, Social Security Act); 12 (B) the department has determined that 13 (i) they require a level of care provided in a hospital, 14 nursing facility, or intermediate care facility for persons with 15 intellectual and developmental disabilities; 16 (ii) it is appropriate to provide their care outside of an 17 institution; and 18 (iii) the estimated amount that would be spent for 19 medical assistance for their individual care outside an institution is not 20 greater than the estimated amount that would otherwise be expended 21 individually for medical assistance within an appropriate institution; 22 (C) if they were in a medical institution, they would be eligible 23 for medical assistance under other provisions of this chapter; and 24 (D) home and community-based services under a waiver 25 approved by the federal government are either not available to them under this 26 chapter or would be inappropriate for them; 27 (12) disabled persons, as described in 42 U.S.C. 28 1396a(a)(10)(A)(ii)(XIII), who are in families whose income, as determined under 29 applicable federal regulations or guidelines, is less than 250 percent of the official 30 poverty line applicable to a family of that size according to the United States 31 Department of Health and Human Services, and who, but for earnings in excess of the
01 limit established under 42 U.S.C. 1396d(q)(2)(B), would be considered to be 02 individuals with respect to whom a supplemental security income is being paid under 03 42 U.S.C. 1381 - 1383c; a person eligible for assistance under this paragraph who is 04 not eligible under another provision of this section shall pay a premium or other cost- 05 sharing charges according to a sliding fee scale that is based on income as established 06 by the department in regulations; 07 (13) persons under 19 years of age who are not covered under (a) of 08 this section and whose household income does not exceed 175 percent of the federal 09 poverty line as defined by the United States Department of Health and Human 10 Services and revised under 42 U.S.C. 9902(2); 11 (14) pregnant women who are not covered under (a) of this section and 12 whose household income does not exceed 225 [175] percent of the federal poverty line 13 as defined by the United States Department of Health and Human Services and revised 14 under 42 U.S.C. 9902(2); 15 (15) persons who have been diagnosed with breast or cervical cancer 16 and who are eligible for coverage under 42 U.S.C. 1396a(a)(10)(A)(ii)(XVIII). 17 * Sec. 2. AS 47.07.020 is amended by adding a new subsection to read: 18 (o) The department may allow a pregnant woman who is eligible for benefits 19 under this chapter to remain eligible for those benefits postpartum up to the maximum 20 period authorized under federal law. 21 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to 22 read: 23 MEDICAID STATE PLAN. The Department of Health shall submit as necessary for 24 approval by the United States Department of Health and Human Services amendments to the 25 state plan under AS 47.07.040 to raise the maximum household income level relative to the 26 federal poverty line for pregnant women to be eligible for medical assistance and to allow 27 enrolled individuals to receive postpartum medical assistance for up to 12 months under 42 28 U.S.C. 1396a(e)(16). 29 * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to 30 read: 31 CONDITIONAL EFFECT; NOTIFICATION. (a) Sections 1 and 2 of this Act take
01 effect only if, and to the extent that, the United States Department of Health and Human 02 Services approves amendments submitted in accordance with sec. 3 of this Act. 03 (b) The commissioner of health shall notify the revisor of statutes in writing within 30 04 days after the United States Department of Health and Human Services approves amendments 05 to the state plan. 06 * Sec. 5. If secs. 1 and 2 of this Act take effect, they take effect on the day after the date the 07 revisor of statutes receives notice from the commissioner of health under sec. 4 of this Act.