Legislature(2015 - 2016)CAPITOL 106

02/04/2016 03:00 PM House HEALTH & SOCIAL SERVICES

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 226 EXTEND ALASKA COMMISSION ON AGING TELECONFERENCED
Moved HB 226 Out of Committee
-- Testimony <Invitation Only> --
+= HB 260 DAY CARE ASSISTANCE & CHILD CARE GRANTS TELECONFERENCED
Heard & Held
-- Testimony <Invitation Only> --
+= HB 262 SENIOR BENEFITS PROG. ELIGIBILITY TELECONFERENCED
Heard & Held
-- Testimony <Invitation Only> --
+= SB 23 IMMUNITY FOR PROVIDING OPIOID OD DRUG TELECONFERENCED
Moved HCS CSSB 23(HSS) Out of Committee
-- Testimony <Invitation Only> --
+ Bills Previously Heard/Scheduled TELECONFERENCED
                                                                                                                                
            HB 262-SENIOR BENEFITS PROG. ELIGIBILITY                                                                        
                                                                                                                                
3:52:36 PM                                                                                                                    
                                                                                                                                
CHAIR SEATON announced  that the final order of  business would be                                                              
HOUSE BILL NO.  262, "An Act relating to  eligibility requirements                                                              
of the Alaska  senior benefits payment program;  and providing for                                                              
an effective date."                                                                                                             
                                                                                                                                
3:52:49 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  VAZQUEZ  moved  to adopt  the  proposed  committee                                                              
substitute (CS)  for HB 262, labeled 29-GH2770\W,  Glover, 2/2/16,                                                              
as the  working draft.   There being no  objection, Version  W was                                                              
in front of the committee.                                                                                                      
                                                                                                                                
CHAIR  SEATON  noted  that  there  were  three  levels  of  senior                                                              
benefits  referenced  in the  proposed  bill.    He asked  if  the                                                              
numbers were available.                                                                                                         
                                                                                                                                
SEAN  O'BRIEN, Director,  Director's  Office,  Division of  Public                                                              
Assistance,  Department  of  Health and  Social  Services  (DHSS),                                                              
offered his belief that those numbers were available.                                                                           
                                                                                                                                
3:54:13 PM                                                                                                                    
                                                                                                                                
MONICA  MITCHELL, Chief,  Policy &  Program Development,  Division                                                              
of Public  Assistance, Department  of Health  and Social  Services                                                              
(DHSS),  stated  that,  although   she  did  not  have  the  exact                                                              
numbers,  at  the  highest  income level  there  were  about  5300                                                              
recipients,  at  the  mid  income  level  there  were  about  4000                                                              
recipients, and at  the lowest income level there  were about 2000                                                              
recipients.  In  response  to  Chair  Seaton,  she  explained  the                                                              
senior  benefits  program  and  its  three  income  levels.    She                                                              
reported  that the  senior  benefits program  was  a cash  benefit                                                              
program for  individuals over  65 years of  age.  She  stated that                                                              
the  different  payment  levels  were  based  on income  up  to  a                                                              
specific percentage  of the federal  poverty level.   She detailed                                                              
that individuals  with  incomes up  to 75 percent  of the  federal                                                              
poverty level  receive the highest  monthly benefit  amount, $250;                                                              
between 75  percent and 100 percent  of the federal  poverty level                                                              
receive  a monthly  benefit amount  of $175;  between 100  percent                                                              
and 175  percent of  the federal poverty  level receive  a monthly                                                              
benefit amount of $125.                                                                                                         
                                                                                                                                
CHAIR SEATON  acknowledged that  benefits were  being cut  in many                                                              
programs, and he  questioned whether the monthly  cash payments to                                                              
individuals  with income  of 175  percent of  the federal  poverty                                                              
level should  be reconsidered.   He noted  that the  House Finance                                                              
Committee  should review  this,  but he  "wanted to  open up  that                                                              
policy discussion  for us to have  here since in all of  the other                                                              
committees that  we're in, we're  talking about raising  taxes..."                                                              
He  stated  that,  as this  was  revenue  sharing  to  individuals                                                              
beyond  the  Permanent  Fund  Dividend,  it  should  be  open  for                                                              
discussion.                                                                                                                     
                                                                                                                                
REPRESENTATIVE  VAZQUEZ  stated  that  the  total  number  in  the                                                              
program  statewide was  only 11,300  individuals.   She said  that                                                              
this was "more  of a safety net"  and that the income  limits were                                                              
very low.   She reported  that to qualify  for the  highest amount                                                              
of  monthly benefit,  $250, an  individual's  annual income  could                                                              
not  exceed $11,040,  about  $920  each month.    She  went on  to                                                              
report  that, for  a married  couple  to qualify  for the  highest                                                              
monthly benefit,  income  could not exceed  $14,940, about  $1,245                                                              
each month.   She emphasized  that this  amount of money  "doesn't                                                              
go  far."    Moving  on  to  the   monthly  benefit  of  $175,  an                                                              
individual could not  have an annual income of  more than $14,720,                                                              
or $1,227  each month;  whereas, a married  couple could  not have                                                              
an annual  income to exceed $19,920,  or $1,660 each  month, which                                                              
she declared  was "doing marginally as  far as income in  light of                                                              
the cost of living  in Alaska."  She relayed that  for the monthly                                                              
benefit amount  of $125,  an individual could  not have  an income                                                              
which exceeded  $25,760, or $2,146  each month; whereas  a married                                                              
couple could not  have an income which exceeded  $34,860, or about                                                              
$2905  per  month.    She emphasized  that  it  was  necessary  to                                                              
understand each level of income.                                                                                                
                                                                                                                                
CHAIR SEATON pointed  out that the question was not  for the lower                                                              
end of the  scale, as those were  "poverty and need."   He relayed                                                              
that  there  was a  question  whether  the  state could  afford  a                                                              
subsidy  for a  couple earning  $35,000 each  year.   He asked  if                                                              
there was also an asset test along with the income test.                                                                        
                                                                                                                                
MS.  MITCHELL replied  that  there was  not  an asset  test.   She                                                              
pointed out  that these  regulations for  senior benefits  allowed                                                              
for  an  adjustment  based  on the  appropriation,  and  that  the                                                              
current  regulation  package allowed  for  a  cut to  the  highest                                                              
benefit level  first, and  then to  subsequent benefit  levels, if                                                              
not enough money had been appropriated for the program.                                                                         
                                                                                                                                
CHAIR  SEATON  reflected  that   the  discussion  was  on  policy,                                                              
whereas the adjustment  was for a budgetary constraint.   He asked                                                              
if this  adjustment for  budgetary constraint  was good  policy or                                                              
whether  it was better  to address  the upper  level of  benefits.                                                              
He  pointed  out  that  a lack  of  asset  limitation  allowed  an                                                              
individual  to own  a home and  other things,  yet the  individual                                                              
would  be subsidized  with  a benefit  if  the  direct income  was                                                              
below  a certain  level.   He declared  that it  was necessary  to                                                              
have a discussion for what levels the state could afford.                                                                       
                                                                                                                                
REPRESENTATIVE  TARR expressed  her  personal  opinion that  these                                                              
were modest  benefits, even at the  lowest level of payment.   She                                                              
reported  that her constituents  were considered  moderate  to low                                                              
income, and the  average rent in the low income  neighborhoods was                                                              
$1,200  to $1,500  per month.   She  pointed out  that this  meant                                                              
more  than half  of a  monthly  income was  spent  for rent,  with                                                              
utilities  above   this.    She   observed  that  most   of  these                                                              
subsidized individuals  were on a fixed income  and in retirement,                                                              
so  there  was  not  a lot  of  opportunity  to  supplement  their                                                              
income.   She  suggested a  gradual  change to  these benefits  to                                                              
allow for  any adjustments to  living arrangements.   She reminded                                                              
the  committee  that there  had  been  a strong  response  against                                                              
change during  the last year, "in  large part because  people just                                                              
didn't  feel like  they had  time to  make any  adjustment."   She                                                              
requested some  transitional time  period, noting  that a  loss of                                                              
housing  which forced  an  individual into  institutional  housing                                                              
would have a have an even greater cost to the state.                                                                            
                                                                                                                                
REPRESENTATIVE  WOOL acknowledged  some of  the difficulties  with                                                              
asset qualifications,  pointing out that assets did  not guarantee                                                              
expendable  income.   He  expressed  support for  the  lack of  an                                                              
asset test.                                                                                                                     
                                                                                                                                
CHAIR  SEATON stated  that, without  an  asset test,  there was  a                                                              
very broad  group of people  who qualify  for benefits.   He noted                                                              
that people could  have homes and "a lot of stuff,"  but an income                                                              
that  did not  exceed the  benefit limits.   He  opined that  they                                                              
might not  be spending  much, either.   He questioned  whether the                                                              
higher  income  definition  for  poverty  was  too  high,  and  he                                                              
emphasized that no  one was talking about eliminating  the program                                                              
entirely.   He expressed his own  discomfort for having  a program                                                              
which could  then be  underfunded, although he  was glad  that the                                                              
regulation  stated  that  payment  at the  highest  income  levels                                                              
would  be stopped  first.   He shared  that, although  he did  not                                                              
plan  to   introduce  an  amendment,   he  wanted  to   have  this                                                              
discussion regarding  benefits to higher income  individuals given                                                              
the current  budget deficit.  He  noted that it was unclear  of an                                                              
individual's  real  needs  without  an  asset  test,  although  he                                                              
acknowledged that  the cost to  administer the program  would then                                                              
become more expensive than the cost of the program.                                                                             
                                                                                                                                
REPRESENTATIVE  WOOL  asked  if dividends  and  reverse  mortgages                                                              
would be considered income.                                                                                                     
                                                                                                                                
MS.  MITCHELL replied  that a  reverse mortgage  was considered  a                                                              
conversion of  an asset, and would  not be considered income.   In                                                              
response to Representative  Wool, she said that  a regular monthly                                                              
payment would be considered income.                                                                                             
                                                                                                                                
REPRESENTATIVE FOSTER  opined that the  profit from the sale  of a                                                              
home was income, but a reverse mortgage was not income.                                                                         
                                                                                                                                
MS. MITCHELL  explained that  the house  was considered  an asset,                                                              
and the  cash from the  sale was  also an asset,  as it was  not a                                                              
regular monthly income.                                                                                                         
                                                                                                                                
CHAIR SEATON pointed  out that these assets were  not counted, yet                                                              
the income  could be low  enough to qualify  for the benefit.   He                                                              
noted  that it was  necessary to  review the  system to  determine                                                              
whether it  was accomplishing  the intended  goals without  having                                                              
any unintended consequences.                                                                                                    
                                                                                                                                
REPRESENTATIVE  VAZQUEZ  asked  about  the cost  to  implement  an                                                              
asset  test  to  the  highest  income   tier,  and  expressed  her                                                              
agreement that this could cost more than the payment.                                                                           
                                                                                                                                
MS.  MITCHELL explained  that,  in order  to  implement the  asset                                                              
test,  it  would  be  necessary  to  change  the  application  and                                                              
reprogram the  legacy system,  and, although  she did not  have an                                                              
exact dollar amount, it would have a big financial impact.                                                                      
                                                                                                                                
REPRESENTATIVE  VAZQUEZ acknowledged  that it  was also  necessary                                                              
to  train staff  and  send  notifications to  present  recipients,                                                              
noting that  this was all  part of the  cost when determining  the                                                              
feasibility.   She pointed  out that there  was not an  asset test                                                              
for  other  programs,  including   Denali  Kid  Care  or  Medicaid                                                              
expansion enrollees,  and that  this same  argument could  be made                                                              
for those programs.                                                                                                             
                                                                                                                                
REPRESENTATIVE  WOOL asked  to confirm  that the  minimum age  for                                                              
these benefits  was 65 years,  and how  often was it  necessary to                                                              
enroll for the program.                                                                                                         
                                                                                                                                
MS. MITCHELL replied that there was a yearly review process.                                                                    
                                                                                                                                
REPRESENTATIVE  TARR asked if  it was possible  for "some  kind of                                                              
spot check"  to attain a sample  snap shot for  information, which                                                              
was not very  expensive.  She pointed  out that an asset  test was                                                              
required  for  an   elderly  person  with  a  need   for  Medicaid                                                              
services.     She  acknowledged   that  there  had   been  similar                                                              
criticism for  the Alaska  Longevity Bonus program  as it  did not                                                              
have any income guidelines.                                                                                                     
                                                                                                                                
MS.  MITCHELL  offered that  there  could  be  a cross  match  for                                                              
individuals  who were also  eligible for  other programs  that did                                                              
have an  asset test for  benefits.  In  response to  Chair Seaton,                                                              
she explained  that an  individual with  senior benefits  who also                                                              
received  food stamps and/or  adult public  assistance would  have                                                              
been  required to  have an  asset test  to qualify  for either  of                                                              
those programs.                                                                                                                 
                                                                                                                                
CHAIR  SEATON asked  to see  this information  if it  was not  too                                                              
onerous  to  collect, as  it  offered  a potential  mechanism  for                                                              
reviewing  the programs.    He stated  that  it  was necessary  to                                                              
effectively  target resources  for what  they were  intended.   He                                                              
noted  that  a  review  of wealth  across  the  state  pointed  to                                                              
concentration among  those over 65  years of age, that  this group                                                              
was the wealthiest population in the state.                                                                                     
                                                                                                                                
REPRESENTATIVE TARR  asked if the program could be  adjusted to be                                                              
parallel with social security benefits.                                                                                         
                                                                                                                                
MS.  MITCHELL agreed  that there  was  an age  requirement in  the                                                              
statutes  for  senior  benefits,  and this  could  be  amended  to                                                              
reference the federal statute for social security.                                                                              
                                                                                                                                
REPRESENTATIVE  TARR asked if  there was an  age breakdown  of the                                                              
current recipients to this program.                                                                                             
                                                                                                                                
MS. MITCHELL reported  that the average age of  the recipients was                                                              
75 years, and the maximum age was 104 years.                                                                                    
                                                                                                                                
CHAIR  SEATON asked  for any  other helpful  information that  was                                                              
readily available.                                                                                                              
                                                                                                                                
MS. MITCHELL  said  that she did  not have  any other  information                                                              
that had not already been discussed.                                                                                            
                                                                                                                                
CHAIR  SEATON  reported that  this  proposed  bill was  trying  to                                                              
tighten up the  eligibility standards for this  program to include                                                              
a  requirement  to  be  a citizen  of  the  United  States,  or  a                                                              
qualified alien.   He offered his  belief that the  program needed                                                              
some refinements.   He said that  the proposed bill would  be held                                                              
over  until the  cross check  information could  be obtained  from                                                              
DHSS for  further discussion.   He stated  that his  intention was                                                              
to move the bill out of committee at the next opportunity.                                                                      
                                                                                                                                
REPRESENTATIVE  VAZQUEZ  asked   if  it  made  sense  to  likewise                                                              
tighten the qualification  criteria to a program  like the heating                                                              
assistance program.                                                                                                             
                                                                                                                                
MS. MITCHELL asked for clarification.                                                                                           
                                                                                                                                
REPRESENTATIVE  VAZQUEZ  asked  if  this program  should  be  made                                                              
similar to  the criteria  for a general  fund program,  similar to                                                              
the heating assistance program.                                                                                                 
                                                                                                                                
MR.  O'BRIEN clarified  that, as  the  heating assistance  program                                                              
was a federal  and state program, there was a  distinction between                                                              
the funding and the qualifications.                                                                                             
                                                                                                                                
4:24:33 PM                                                                                                                    
                                                                                                                                
CHAIR SEATON opened  public testimony.  After ascertaining  no one                                                              
wished to testify, closed public testimony.                                                                                     
                                                                                                                                
[HB 262 was held over.]                                                                                                         

Document Name Date/Time Subjects
SB 23 Background_Legal opinion_regulatory vs civil immunity_Wallace_01.29.16.pdf HHSS 2/4/2016 3:00:00 PM
SB 23
SB 23 Proposed Amendment E.4.pdf HHSS 2/4/2016 3:00:00 PM
SB 23
SB 23 Proposed Amendment E.3.pdf HHSS 2/4/2016 3:00:00 PM
SB 23
SB 23 proposed amendment E.6.pdf HHSS 2/4/2016 3:00:00 PM
SB 23
SB 23 Support_Kenai Peninsula Borough resolution.pdf HHSS 2/4/2016 3:00:00 PM
SB 23
SB 23 Background_Response from DCCED-CBPL_2-3-16.pdf HHSS 2/4/2016 3:00:00 PM
SB 23
SB 23 Support_ASHNHA Letter of Support.pdf HHSS 2/4/2016 3:00:00 PM
SB 23
HB 226 Support_community care coalition_feb 3.pdf HHSS 2/4/2016 3:00:00 PM
HB 226
HB 226 Fiscal note_DHSS-SCBG-2-4-16.pdf HHSS 2/4/2016 3:00:00 PM
HB 226
HB 226 Fiscal Note_DHSS-COA-1-25-16_updated.pdf HHSS 2/4/2016 3:00:00 PM
HB 226
HB 226 Fiscal Note_DHSS-SDSA 2-4-16.pdf HHSS 2/4/2016 3:00:00 PM
HB 226
HB260 Response to HB 260 Questions in 012816 H-HSS.pdf HHSS 2/4/2016 3:00:00 PM
HB 260
HB 262 Response to HB 262 Questions in 012816 H-HSS.pdf HHSS 2/4/2016 3:00:00 PM
HHSS 3/15/2016 3:00:00 PM
HB 262
HB 262 proposed cs_ver w.pdf HHSS 2/4/2016 3:00:00 PM
HHSS 3/15/2016 3:00:00 PM
HB 262