Legislature(2015 - 2016)CAPITOL 106
03/15/2016 03:00 PM House HEALTH & SOCIAL SERVICES
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| Audio | Topic |
|---|---|
| Start | |
| HB260 | |
| HB262 | |
| HB344 | |
| HB234 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 344 | TELECONFERENCED | |
| += | HB 260 | TELECONFERENCED | |
| *+ | HB 234 | TELECONFERENCED | |
| += | HB 237 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 262 | TELECONFERENCED | |
HB 260-DAY CARE ASSISTANCE & CHILD CARE GRANTS
3:11:12 PM
CHAIR SEATON announced that the first order of business would be
HOUSE BILL NO. 260, "An Act relating to the recovery of
overpayments of day care assistance and child care grants; and
providing for an effective date."
3:11:29 PM
REPRESENTATIVE VAZQUEZ moved to adopt Amendment 1, labeled 29-
GH2769\A.2, Glover, 3/10/16, which read:
Page 1, lines 2 - 3:
Delete "daycare assistance and child care grants"
Insert "benefits for public assistance programs
administered by the Department of Health and Social
Services"
Page 1, lines 4 - 11:
Delete all material and insert:
"* Section 1. AS 47.05.080(a) is repealed and
reenacted to read:
(a) Except for overpayments recovered under
AS 47.07 that cover the value of services paid from
federal sources, benefit overpayments collected by the
department in administering public assistance programs
under AS 47.05.010 shall be remitted to the Department
of Revenue under AS 37.10.050(a)."
Page 1, line 14, through page 2, line 2:
Delete all material.
Insert "APPLICABILITY. This Act applies to the
recovery of benefit overpayments for public assistance
programs administered by the Department of Health and
Social Services under AS 47.05.010, regardless of
whether the overpayments occurred before, on, or after
July 1, 2016."
CHAIR SEATON objected for discussion.
REPRESENTATIVE VAZQUEZ explained that this proposed amendment
would broaden the ability of the Division of Public Assistance
to recoup overpayments of benefits to any of its programs.
CHAIR SEATON clarified that this applied to the public
assistance programs administered by Department of Health and
Social Services.
REPRESENTATIVE VAZQUEZ expressed her agreement, and reiterated
that the amendment would encompass all the public assistance
programs.
3:14:06 PM
SEAN O'BRIEN, Director, Director's Office, Division of Public
Assistance, Department of Health and Social Services (DHSS),
expressed appreciation and offered his support for proposed
Amendment 1. He clarified that the proposed bill would allow
collection of funds, which was currently only voluntary, and it
specifically included an option to allow for garnishment of the
permanent fund dividend (PFD). He acknowledged that the
proposed amendment would allow PFD garnishment across all of its
programs.
REPRESENTATIVE WOOL asked whether overpayment to child care
grants was recovered from the recipient and not the provider.
MR. O'BRIEN explained that currently collection for an
overpayment was voluntary. In response to Representative Wool,
he stated that repayment was the responsibility of the parents.
REPRESENTATIVE WOOL asked about the most common cause of
overpayment. He mused that the benefit payment was made to the
parent, who in turn paid the provider. He asked if these causes
of overpayment were similar to other public assistance programs.
MR. O'BRIEN explained that overpayments were recovered for a
variety of reasons, which included: fraudulent requests,
incorrect applications, or change to income level status of the
applicant or family.
CHAIR SEATON asked for clarification for whether the benefit
payment for child care was paid to the parent or to the provider
of the care.
MR. O'BRIEN replied that it was paid to the provider.
CHAIR SEATON asked who would be garnished in the case of
overpayment.
3:20:04 PM
JANICE BRADEN, Program Coordinator, Child Care Program Office,
Division of Public Assistance, Department of Health and Social
Services, explained that if the day care assistance payment was
made to the provider on behalf of the family, and it was
determined to be an incorrect benefit payment, recoupment would
be from the family, if this was a family caused error, such as
failure to report changes in circumstances which made the
benefit more than allowable. However, if the provider
incorrectly filled out the billing form, overpayment collection
would be from the child care provider. She stated that the
child care grants were only paid to child care providers, so any
error for overpayment would be collected from the child care
provider.
REPRESENTATIVE WOOL mused that, although the overpayment was
made to the provider, the garnishment would be from the parent
as they had already received the benefit for lower child care
costs, hence the necessity to reimburse the costs.
CHAIR SEATON shared that the child care grant, which was made
directly to the provider, would be reimbursed by the provider.
However, any mistake made by the parent was reimbursed by the
parent.
REPRESENTATIVE WOOL asked if this proposed amendment would
include other public assistance programs.
MR. O'BRIEN replied that the amendment would expand the
garnishment using the PFD to the senior benefits program and the
general relief program.
REPRESENTATIVE VAZQUEZ recounted that any overpayment request
was initiated with a letter to the individual requesting
overpayment, and then the individual could ask for an
administrative hearing to contest that amount. She explained
that there was an administrative process that allowed a further
appeal to the court. She touted the garnishment of the PFD as a
"great tool in getting back overpayments." She pointed out that
monthly payments were also a means of repayment.
REPRESENTATIVE WOOL asked if there were any fines, penalties, or
multipliers that could increase the repayment.
REPRESENTATIVE VAZQUEZ said that historically the Division of
Public Assistance had not charged any interest.
3:25:44 PM
MONICA WINDOM, Chief, Policy & Program Development, Division of
Public Assistance, Department of Health and Social Services, in
response, expressed agreement that there was not any penalty
added.
3:26:07 PM
CHAIR SEATON removed his objection. There being no further
objection, Amendment 1, labeled 29-GH2769\A.2, Glover, 3/10/16,
was adopted.
CHAIR SEATON pointed out that Amendment 1 was quite extensive
and replaced original language of the proposed bill.
3:27:18 PM
REPRESENTATIVE VAZQUEZ moved to report HB 260, Version 29-
GH2769\A, as amended, out of committee with individual
recommendations and the accompanying fiscal notes. There being
no objection, CSHB 260(HSS) was moved from the House Health and
Social Services Standing Committee.