Legislature(2021 - 2022)BUTROVICH 205
02/17/2022 01:30 PM Senate HEALTH & SOCIAL SERVICES
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| Audio | Topic |
|---|---|
| Start | |
| Confirmation Hearing(s) | |
| SB184 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| *+ | SB 184 | TELECONFERENCED | |
| + | TELECONFERENCED |
SB 184-SETTLEMENT TRUSTS & BENEFITS ELIGIBILITY
2:15:37 PM
CHAIR WILSON reconvened the meeting and announced the
consideration of SENATE BILL NO. 184 "An Act relating to Alaska
Native settlement trusts and eligibility for adult public
assistance, senior benefits, and the Alaska Pioneers' Home."
2:16:02 PM
SENATOR TOM BEGICH, Alaska State Legislature, Juneau, Alaska,
speaking as sponsor, stated SB 184 is simple legislation based
on a constituent's hardship. He read the following:
It is often that we receive personal accounts from our
residents and constituents, sharing their hardships or
experiences. Often, we work to address these issues
and in some cases, we introduce legislation to rectify
and error or unintended consequence of the application
of law. In this case, we received a request from our
congressional delegation, specifically Congressional
Aide Kellie Cordelia, to address an issue that may
affect only a handful of folks but has a
disproportioned effect on these individuals.
SB 184 is a bill to address how benefits or
distributions from a settlement trust like ANCSA
affects an Alaska Native or their descendant's
eligibility for other state and federal services.
Part of the settlement includes distributions or
benefits to 1971 enrolled tribal members, compensating
them for their portion of historic land ownership and
in recognition that financial resources may be needed
to preserve indigenous cultures and ensure Alaska
Natives and their descendants are able to contribute
to live in indigenous communities.
Distributions or benefits from ANCSA settlements are
meant to compensate Alaska Natives and their
descendants for indigenous land claims and are
separate from other benefits an individual may receive
due to disability or age. Unfortunately, the law as it
currently is written does not guarantee an Alaska
Native can and will receive their rightful
distribution as well as other benefits available to
all Alaskans due to qualifying circumstances.
Senate Bill 184 seeks by statute to exclude certain
payments to aged or disabled Alaska Natives or their
descendants from being used to determine eligibility
for adult public assistance, senior benefits, and the
Alaska Pioneers' Home. A similar bill, S.2524,
introduced on July 28, 2021, to exclude interest or
distributions from a Settlement Trust for an Alaska
Native or descendant of an Alaska Native who is aged,
blind, or disabled from eligibility for certain
programs (like Medicaid) is currently being considered
in the United States Congress, introduced by Senator
Murkowski and co-sponsored by Senator Sullivan.
2:21:19 PM
LOKI TOBIN, Staff, Senator Tom Begich, Alaska State Legislature,
Juneau, Alaska, read the sectional analysis for SB 184:
Section 1. Amends AS 47.25.435, pertaining to Adult
Public Assistance, to exclude any interest or
distribution from a settlement trust made to an Alaska
Native or their descendant who is aged, blind, or
disabled as defined by 42 U.S.C. 1382c(a)(1).
Section 2. Inserts a new subsection under AS
47.45.302, pertaining to Senior Benefits Payment
Program, to exclude from calculations of household
income any interest or distribution from a settlement
trust made to an Alaska Native or their descendant who
is aged, blind, or disabled as defined by 42 U.S.C.
1382c(a)(1).
Section 3. Amends AS 47.55.020, pertaining to Alaska
Pioneers' Home and Alaska Veterans' Home, by inserted
a new subsection to exclude any interest or
distribution from a settlement trust to an Alaska
Native or their descendant who is aged, blind, or
disabled as defined by 42 U.S.C. 1382c(a)(1).
2:23:29 PM
SENATOR REINBOLD said she would like a sustainable long-term
program without loopholes. She asked that definitions for aged
and disabled be provided as they pertain to SB 184.
MS. TOBIN stated that the code for a person aged, blind and
disabled is approximately four pages long. It is a comprehensive
definition within US code. She will send a copy to committee
members.
SENATOR REINBOLD stated that if the definition is more
complicated than providing an age limit, it is important to read
the code since it is central to SB 184.
SENATOR BEGICH reiterated that the code is complex for the
precise reason of not letting someone slip through an open door.
The committee will receive the definitions given in the Federal
code, which are relatively clear.
2:24:55 PM
SENATOR REINBOLD stated she has been working with an Americans
with Disabilities Act (ADA) lawyer and learned there are
thousands of ways to be disabled. She opined that there would
never be a sustainable program if a grand door were left open
for everyone to slip through. She understands how being blind
would qualify individuals for assistance. It is critical to
define disabled and aged to keep Medicaid from becoming diluted
and unsustainable.
2:25:39 PM
SENATOR BEGICH said he would provide a copy of Senator
Murkowski's bill S. 2524 to the committee along with Section
1614(a) of the Social Security Act since it is mentioned in S.
2524 on page 2, lines 9-11.
2:26:02 PM
SENATOR COSTELLO referred to SB 184, Section 3, page 2, line 12,
that addressed AS 47.55.020, Alaska Pioneer Homes. She asked
whether any thought was given to the hold harmless provisions
also being applied to non-Pioneer Homes.
MS. TOBIN stated that in alignment with requests made by Senator
Murkowski, state-funded programs were excluded, and the purview
of the legislation was not extended.
2:26:54 PM
SENATOR COSTELLO asked if SB 184 only applies to individuals in
pioneer homes with all other home and living environments
excluded.
SENATOR BEGICH stated that a separate mention was made for
Pioneer Homes because of a unique relationship shared with the
state. Pioneer Homes have a tiered benefit system, so SB 184
would keep a resident from being knocked into a higher tier. SB
184 would keep any aged, blind, or disabled individual living in
a home from being made Medicaid ineligible due to the historic
payments they receive based on the Alaska Native Claims
Settlement Act (ANCSA) of 1971.
2:29:30 PM
CHAIR WILSON asked for an estimate on how many Alaskans SB 184
would affect.
2:29:43 PM
SHAWNDA O'BRIAN, Director, Division of Public Assistance,
Department of Health and Social Services (DHSS), Juneau, Alaska,
replied that the Department of Health and Social Services (DHSS)
does not have that data available. Eligibility is determined at
the point of application or recertification, and the information
needed to provide an estimate is not currently collected. A way
to extract an estimate from the information available is being
investigated.
2:30:24 PM
SENATOR HUGHES stated her belief that the number of people SB
184 may affect could impact Medicaid because it includes people
over the age of 65, not just the blind and disabled. She
expressed concerned that Medicaid expansion could crowd out the
elderly and truly vulnerable. She requested an estimate and
suggested working with the Department of Labor and Statistics.
2:32:09 PM
SENATOR BEGICH stated that Senator Murkowski's office and DHSS
were asked to estimate the number of people the bill would
assist. He opined that the number of qualified people would be
few.
SENATOR HUGHES stated that the bill has federal bi-partisan
support and asked if there is an estimated timeline for it to
pass in Congress.
SENATOR BEGICH stated it is difficult to know when or if a
congressional bill will pass. However, it was reported by
Senator Joe Manchin as having moved through committee without
amendment on February 10, indicating that it would be on the
fast track for passage.
2:34:26 PM
SENATOR HUGHES asked if SB 184 must pass at the state level for
aged, blind, or disabled Alaska Natives to take advantage of its
passing at the federal level.
SENATOR BEGICH stated his belief that based on correspondence
with Senator Murkowski, SB 184 would need to pass at the local
level to take advantage of the federal change.
CHAIR WILSON said he would also need to know the number of
people SB 184 would affect. There is a huge difference between
ten people and thousands of people.
SENATOR BEGICH agreed that it is important to have an estimate
to determine whether Alaska can afford it. He stated he would
work to provide the committee with an estimate.
2:36:08 PM
SENATOR HUGHES commented that she would be okay with the
estimate being in the thousands if Medicaid expansion were
rolled back because Alaskans should take care of the elderly.
2:36:35 PM
CHAIR WILSON opened public testimony on SB 184; he found none
and closed public testimony.
2:36:50 PM
CHAIR WILSON held SB 184 in committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| 20220214 SB 184 v. A Sectional Analysis.pdf |
SHSS 2/17/2022 1:30:00 PM |
SB 184 |
| 20220214 SB 184 v. A Sponsor Statement.pdf |
SHSS 2/17/2022 1:30:00 PM |
SB 184 |
| 20220214 SB 184 v. A Supporting Document - Constituent Request.pdf |
SHSS 2/17/2022 1:30:00 PM |
SB 184 |
| 20220214 SB 184 v. A Supporting Document - Federal Legislation.pdf |
SHSS 2/17/2022 1:30:00 PM |
SB 184 |
| SB 184 FN Senior Benifits 2.11.22.pdf |
SHSS 2/17/2022 1:30:00 PM |
SB 184 |
| SB 184 FN DPA 2.11.22.pdf |
SHSS 2/17/2022 1:30:00 PM |
SB 184 |
| Matt Heilala Board Application.pdf |
SHSS 2/17/2022 1:30:00 PM |
Confirmations |
| Matt Heilala CV.pdf |
SHSS 2/17/2022 1:30:00 PM |
Confirmations |
| David J Wilson Resume.pdf |
SHSS 2/17/2022 1:30:00 PM |
Confirmations |
| David J Wilson Board Application.pdf |
SHSS 2/17/2022 1:30:00 PM |
Confirmations |