Legislature(2023 - 2024)ADAMS 519

04/26/2024 01:30 PM House FINANCE

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Recessed to 6:00 pm --
-- Delayed to 3:00 PM --
+ HB 260 CATASTROPHIC ILLNESS/MEDICAL ASSISTANCE TELECONFERENCED
Heard & Held
-- Public Testimony --
+= HB 368 ELECTRICAL ENERGY & ENERGY PORTFOLIO STDS TELECONFERENCED
Heard & Held
-- Public Testimony --
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 174 STATE FUND FIDUC DUTY:SOCIAL/POL INTEREST TELECONFERENCED
Heard & Held
-- Public Testimony --
+= HB 169 FISHERIES REHABILITATION PERMIT/PROJECT TELECONFERENCED
Heard & Held
-- Public Testimony --
+ HB 232 DISABLED VETERANS: RETIREMENT BENEFITS TELECONFERENCED
Heard & Held
HOUSE BILL NO. 260                                                                                                            
                                                                                                                                
    "An Act repealing programs for catastrophic illness                                                                         
     assistance and medical assistance for chronic and                                                                          
     acute medical conditions."                                                                                                 
                                                                                                                                
4:43:46 PM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
4:44:30 PM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
Co-Chair Foster invited  the bill sponsor and  staff to come                                                                    
to the table.                                                                                                                   
                                                                                                                                
REPRESENTATIVE WILL STAPP, SPONSOR, introduced himself.                                                                         
                                                                                                                                
HONOUR  MILLER-AUSTIN,  STAFF,  REPRESENTATIVE  WILL  STAPP,                                                                    
introduced herself.                                                                                                             
                                                                                                                                
Representative  Stapp  explained  that  he  had  been  going                                                                    
through the operating  budget book and in light  of the SNAP                                                                    
[Supplemental Nutrition  Assistance Program] backlog  he had                                                                    
visited  some of  the Division  of  Public Assistance  (DPA)                                                                    
facilities  in Fairbanks  and  across the  state  to try  to                                                                    
determine what  kind of  administration burden  was plaguing                                                                    
the Department  of Health (DOH).  In his  conversations with                                                                    
department staff,  he had discovered the  Catastrophic Acute                                                                    
Medical Assistance (CAMA)  program. He had been  told by the                                                                    
DPA  office  in Fairbanks  that  there  was  no one  on  the                                                                    
program, yet  the office still had  to process applications.                                                                    
He had discovered  that in the past several  years there had                                                                    
only been  one person  in the program.  In response,  he had                                                                    
asked  the department  a series  of questions  including the                                                                    
number  of  applications  it  processed   for  CAMA  in  the                                                                    
previous year.  The department  responded that  it processed                                                                    
6,226 applications  and had approved  no one. He  thought it                                                                    
seemed  administratively wasteful  and wondered  how no  one                                                                    
qualified for the program.                                                                                                      
                                                                                                                                
Representative  Stapp  explained  that the  nucleus  of  the                                                                    
program   was  effectively   rendered   outmoded  when   the                                                                    
Affordable  Care Act  (ACA) passed,  and Medicaid  expansion                                                                    
occurred.  He explained  that individuals  enrolled in  CAMA                                                                    
basically  fell   off  a  cliff  post-2015   in  Alaska.  He                                                                    
elaborated that  CAMA was designed  for individuals  who did                                                                    
not qualify for Medicaid and  could not get health insurance                                                                    
on their  own. There was  a negative fiscal  note associated                                                                    
with the bill. He asked his staff to review the sectional                                                                       
analysis.                                                                                                                       
                                                                                                                                
4:47:42 PM                                                                                                                    
                                                                                                                                
Ms. Miller-Austin reviewed the sectional analysis (copy on                                                                      
file):                                                                                                                          
                                                                                                                                
     Section  1   Amends  existing  legislation   to  remove                                                                    
     references   to  programs   for  catastrophic   illness                                                                    
     assistance  and  medical  assistance  for  chronic  and                                                                    
     acute conditions.                                                                                                          
                                                                                                                                
     Section  2   Allows  the  issuance  of   subpoenas  for                                                                    
     investigations related  to medical  assistance programs                                                                    
     removing references to repealed programs.                                                                                  
                                                                                                                                
     Section  3  Requires  providers   to  grant  access  to                                                                    
     records  for medical  assistance recipients  and allows                                                                    
    audits with adjustments for the repealed programs.                                                                          
                                                                                                                                
     Section   4  Defines   medical  assistance   fraud  and                                                                    
     specifies  offenses   related  to   medical  assistance                                                                    
     programs,   updating   references   to   the   repealed                                                                    
     programs.                                                                                                                  
                                                                                                                                
     Section 5  Addresses exclusion from  medical assistance                                                                    
     programs  based on  certain  offenses with  adjustments                                                                    
     for repealed programs.                                                                                                     
                                                                                                                                
     Section 6 Updates the  definition of medical assistance                                                                    
     program to exclude the repealed programs.                                                                                  
                                                                                                                                
     Section 7 Updates the  definition of medical assistance                                                                    
     provider to include the repealed programs.                                                                                 
                                                                                                                                
     Section  8  Updates  the  definitions  of  services  to                                                                    
     exclude the repealed programs.                                                                                             
                                                                                                                                
     Section 9 Adjusts regulations  for civil history checks                                                                    
     to exclude references to the repealed programs.                                                                            
                                                                                                                                
     Section 10  Repeals specific  sections of  existing law                                                                    
     related to the repealed programs.                                                                                          
                                                                                                                                
     Section 11 Specifies the applicability of amendments                                                                       
     to offenses committed after the effective date of the                                                                      
     act.                                                                                                                       
                                                                                                                                
     Section 12  Provides transition provisions  for ongoing                                                                    
     investigations  and   access  to  records   related  to                                                                    
     services  provided before  the  effective  date of  the                                                                    
     act.                                                                                                                       
                                                                                                                                
4:49:20 PM                                                                                                                    
                                                                                                                                
Representative   Hannan  asked   how   the  state   received                                                                    
applications from  6,226 people  for a  program that  no one                                                                    
was eligible for.  She was concerned that there  was a group                                                                    
of people that  should have been walked  through a different                                                                    
program. She  asked if  the individuals  got there  on their                                                                    
own.                                                                                                                            
                                                                                                                                
Representative Stapp  responded that statute required  it to                                                                    
be on the front page  of the application. He elaborated that                                                                    
when  a  person went  to  the  DPA  office  to fill  out  an                                                                    
application, there  were "a bunch  of boxes that  people can                                                                    
check." He detailed that often  when individuals applied for                                                                    
public assistance, many  people checked all of  the boxes on                                                                    
the form.  He expounded  that when a  person checked  all of                                                                    
the  boxes  on  the  form the  department  was  required  to                                                                    
investigate whether  or not an individual  qualified for the                                                                    
program. He explained it was  the reason for the high number                                                                    
of applications and so few  approvals. The bill would repeal                                                                    
the program  because it was  the only  way he could  get the                                                                    
box for the [CAMA] program removed from the form.                                                                               
                                                                                                                                
Representative  Josephson  asked   if  the  box  individuals                                                                    
checked  "was  their entrée  to  Medicaid  expansion or  the                                                                    
Affordable Care Act."                                                                                                           
                                                                                                                                
Representative  Stapp  responded,  "No." He  explained  that                                                                    
there was  a series  of different boxes  on a  one-page form                                                                    
including things like SNAP and  Medicaid. He stated that one                                                                    
box  was for  general relief  and another  was for  CAMA. He                                                                    
stated that  there were individuals  who checked all  of the                                                                    
boxes on  the form that eligibility  technicians referred to                                                                    
as shotgun  applications. He elaborated that  the forms were                                                                    
multiple  pages  with a  lot  of  information the  applicant                                                                    
needed  to   fill  out.   He  stated   it  was   not  really                                                                    
unreasonable to  think that when  an individual  reached the                                                                    
"check the  box portion" of  the form that they  checked all                                                                    
of  the  boxes  without  giving that  much  thought  to  the                                                                    
process.                                                                                                                        
                                                                                                                                
Representative  Josephson asked  if  the  burden of  telling                                                                    
individuals  they did  not qualify  for something  (but they                                                                    
would qualify for something else) was $154,000 per year.                                                                        
                                                                                                                                
Representative   Stapp  answered   that   two  things   were                                                                    
occurring.  One  was the  appropriation  on  the grants  and                                                                    
benefits line.  He noted  that the  budget book  showed that                                                                    
the   actual  for   FY  23   was   $1.00.  The   legislature                                                                    
appropriated the  money in the  grants and benefit  lines as                                                                    
if people would qualify for  the program, but because no one                                                                    
did, the  money lapsed  or the  department had  authority to                                                                    
move  up to  $10  million around;  therefore, sometimes  the                                                                    
money  was  likely  spent   through  the  RSA  [Reimbursable                                                                    
Services Agreement]  process. He relayed that  the real cost                                                                    
to  the   program  was  in   the  processing  time   of  DPA                                                                    
technicians. He  had asked the  department how long  it took                                                                    
to process  one of the  applications on average.  The answer                                                                    
was 90 minutes and was  included in writing in members' bill                                                                    
packets.  He  relayed  that   multiplying  $6,226  times  90                                                                    
minutes  resulted in  about 13,000  man hours.  He expounded                                                                    
that  based on  the average  wage of  a DPA  technician, the                                                                    
cost was around $400,000  in administrative time and payroll                                                                    
as  opposed to  the grants  and benefits  line shown  in the                                                                    
fiscal note. He remarked that  one of the fascinating things                                                                    
about  being on  the House  Finance Committee  was that  the                                                                    
committee just saw the money  allocated to the line item and                                                                    
it did not see the cost of administering the program.                                                                           
                                                                                                                                
4:53:20 PM                                                                                                                    
                                                                                                                                
Co-Chair Foster OPENED public testimony.                                                                                        
                                                                                                                                
Co-Chair Foster CLOSED public testimony.                                                                                        
                                                                                                                                
4:54:18 PM                                                                                                                    
                                                                                                                                
Representative  Galvin  referenced   the  sponsor  statement                                                                    
(copy  on  file)  and  observed   that  two  applicants  had                                                                    
qualified for the  program in 2021 after ACA.  She asked why                                                                    
and what happened to the individuals.                                                                                           
                                                                                                                                
Representative Stapp deferred the question to his staff.                                                                        
                                                                                                                                
Ms. Miller-Austin  responded the  individuals fell  into the                                                                    
window  of the  five-year waiting  period where  individuals                                                                    
coming to the  United States from another  country could not                                                                    
qualify for Medicaid during that time period.                                                                                   
                                                                                                                                
Representative Galvin  remarked that  the U.S.  had recently                                                                    
seen quite  a few  people coming  in from  Ukraine, Somalia,                                                                    
and other  countries. She  asked if  rules had  been changed                                                                    
meaning there would never be  a similar situation to the two                                                                    
individuals who qualified [in 2021].                                                                                            
                                                                                                                                
Representative Stapp  responded that  there was a  very slim                                                                    
window of individuals who could  in theory still qualify for                                                                    
CAMA;   however,  the   individuals  qualified   for  health                                                                    
insurance through  the ACA.  He stated  that having  CAMA as                                                                    
opposed   to   a   policy   through   the   ACA   was   more                                                                    
disadvantageous  for the  individual, especially  because it                                                                    
was  income based.  He detailed  that the  [two] individuals                                                                    
were  eligible for  CAMA because  of certain  standards, but                                                                    
refugees were  exempt from the  five-year waiting  period on                                                                    
the  Medicaid  program.  He  explained  that  the  situation                                                                    
basically involved legal immigrants who  had not been in the                                                                    
state  for five  years.  He relayed  that those  individuals                                                                    
were also legally eligible for  ACA. He stated that in terms                                                                    
of the  best interest  of the individual,  it was  much more                                                                    
advantageous for them to buy a policy through ACA.                                                                              
                                                                                                                                
Representative  Galvin referred  to  the  potential for  new                                                                    
leadership in the U.S. government  later in the year and the                                                                    
possibility of  ACA going  away. She  asked if  the scenario                                                                    
would  mean the  state would  look  at going  back to  using                                                                    
CAMA.                                                                                                                           
                                                                                                                                
Representative  Stapp   responded  that  even  if   it  were                                                                    
possible, the program  should not be designed  like CAMA. He                                                                    
considered a  scenario where ACA  was eliminated.  He stated                                                                    
it would then be necessary  to unwind Medicaid expansion. He                                                                    
suggested that under the scenario  the state should create a                                                                    
program similar  to the old  CHIP program the state  used to                                                                    
have.  He stated  that CAMA  was an  antiquated program.  He                                                                    
deferred to  his staff to  provide additional detail  on the                                                                    
program's history.                                                                                                              
                                                                                                                                
Ms. Miller-Austin  responded that  the program  was designed                                                                    
to  help middle  class  recipients who  were  too young  for                                                                    
Medicare and with  incomes too high to  qualify for Medicaid                                                                    
who were not covered by  health insurance or whose insurance                                                                    
was  insufficient   to  withstand  a   catastrophic  illness                                                                    
episode  without  jeopardizing  their  financial  resources,                                                                    
livelihood, and  essential assets.  She added that  CAMA was                                                                    
established  in 1986.  She noted  that since  that time  how                                                                    
coverage was obtained had progressed.                                                                                           
                                                                                                                                
4:58:58 PM                                                                                                                    
                                                                                                                                
Representative  Galvin  understood that  Medicaid  expansion                                                                    
and other  things had  helped fill the  gap since  then. She                                                                    
referenced  the   13,000  man  hours   Representative  Stapp                                                                    
discussed. She  presumed that some  of the  applicants would                                                                    
need some sort of referral and  would still need to fill out                                                                    
an  application  for a  different  program  within DPS.  She                                                                    
wanted  to ensure  that Representative  Stapp had  consulted                                                                    
with DPS on the topic.                                                                                                          
                                                                                                                                
Representative Stapp  answered that  the department  did not                                                                    
break out  the programs individually, which  he believed was                                                                    
a mistake  in how it  tracked workflow. He remarked  that he                                                                    
had another  bill addressing the  issue. He stated  that all                                                                    
he  could do  was compare  the answers  from the  department                                                                    
with the number of applications.  He suggested that the next                                                                    
legislature consider  mandating the department to  track its                                                                    
workflow in  order for the legislature  to better understand                                                                    
how  long  and arduous  the  process  was  and to  look  for                                                                    
efficiencies, especially  with a  department that had  a lot                                                                    
of trouble with administrative workload.                                                                                        
                                                                                                                                
Representative   Galvin   asked  if   Representative   Stapp                                                                    
consulted  with   DPA  and  if   the  director   agreed  his                                                                    
conclusions made sense.                                                                                                         
                                                                                                                                
Representative Stapp responded affirmatively.                                                                                   
                                                                                                                                
Co-Chair Foster thanked the bill sponsor.                                                                                       
                                                                                                                                
HB  260  was  HEARD  and   HELD  in  committee  for  further                                                                    
consideration.                                                                                                                  
                                                                                                                                
5:02:04 PM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
6:05:33 PM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                

Document Name Date/Time Subjects
HB260 Additional Documents-January 2024 Dept of Health 01.31.2024.pdf HFIN 4/26/2024 1:30:00 PM
HB 260
HB260 Sectional Analysis 02.01.2024.pdf HFIN 4/26/2024 1:30:00 PM
HB 260
HB260 FY25 Gov Operating Budget for DOH 02.01.2024.pdf HFIN 4/26/2024 1:30:00 PM
HB 260
HB260 Sponsor Statement 02.01.2024.pdf HFIN 4/26/2024 1:30:00 PM
HB 260
HB 368 Legal Memo 042424.pdf HFIN 4/26/2024 1:30:00 PM
HB 368