Legislature(2009 - 2010)BUTROVICH 205
02/25/2009 01:30 PM Senate HEALTH & SOCIAL SERVICES
| Audio | Topic |
|---|---|
| Start | |
| SB96 | |
| SB32 | |
| SB35 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 35 | TELECONFERENCED | |
| *+ | SB 96 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| = | SB 32 | ||
SB 96-CHILD SUPPORT/ CASH MEDICAL SUPPORT
1:32:13 PM
CHAIR DAVIS announced consideration of SB 96.
LINDA ZAUGG, staff to Senator Davis, read the sponsor statement
for SB 96 as follows:
In July 2008, the federal government issued new
medical support regulations that require states to
have guidelines addressing how either or both parents
will provide for a child's healthcare needs through
accessible health insurance coverage, cash medical
support, or both. Under the federal regulations,
states must order either or both parents to purchase
reasonably-priced, accessible health insurance
coverage, provide cash medical support or both. Cash
medical support may be required in those states where
no reasonably-priced health insurance coverage is
accessible to the child. If a parent is ordered to pay
cash medical support, the Child Support Services
Division must enforce the ongoing cash medical support
obligation as well as collect any cash medical support
arrears. Failure to satisfy these mandates jeopardizes
$17 million in federal funding for the state's child
support program. Alaska's request for a waiver was
denied by the federal government in January 2009.
This bill adds to existing law the authority for a
tribunal to order either or both parents to pay cash
medical support, if warranted. In addition, the bill
directs CSSD to review child support orders for
modification on a federally mandated three-year cycle.
The bill adds cash medical support to the definition
of arrearage and the definition of support order,
thereby enabling CSSD to use its existing enforcement
tools to collect a cash medical support obligation on
behalf of the child.
1:34:44 PM
Finally, the bill removes the language limiting who
may request the correction of a clerical mistake in an
administrative order or request the vacation of an
administrative order based upon a default outcome.
This bill puts Alaska in compliance with the federal
requirements. As explained above, this bill will
assure that Alaska's children receive the medical
support to which they are entitled.
1:35:14 PM
GINGER BLAISDELL, Legislative Liaison, Department of Revenue,
introduced department staff on teleconference that would be
providing information on SB 96.
1:36:33 PM
JOHN MALLONEE, Director, Child Support Services Division,
Department of Revenue (DOR), said that this is a federally
mandated program, and this bill allows the state its
requirements for child support.
MR. MALLONEE explained that under the new federal regulations
either or both parents must provide cash medical support. While
insurance coverage is preferred, cash support may be required
where it is not reasonably available. This adds to existing law
and further assures that children receive the medical support to
which they are entitled.
The bill says that CSSD clients can request a review at any
time. Federal regulations require the state to have procedures
under which child support orders must be reviewed and be
appropriately modified every three years. This bill requires the
agency to perform the reviews with the review cycle. However, it
doesn't limit clients' ability to request a review at any time.
CSSD has an automated system that collects income data from the
parties in each case once a year to perform calculations to
determine if the case meets the criteria. A notice is sent to
both parties when modification criterion is met.
In addition to these federal requirements, the bill removes the
language limiting who can request the correction of a clerical
mistake in an administrative child support order or who may
request vacation of an administrative order based on false
income. Currently in those situations only the [indisc.] can
request these actions.
1:40:58 PM
STACY STEINBERG, Department of Law (DOL), said she was available
to answer questions.
1:41:21 PM
DANA L. OLSON, representing herself, said, "For the record, I am
opting out of your proceedings, and I have a number of reasons
why." She gave them notice that this issue is not reviewable
under claim of privilege under National Defense Law. She said
the state is subject to the 13th amendment of dictating slavery
and that issue is already in federal courts. She also stated
that HB 645 allows each state to adopt sovereignty, and that
this bill seems to be part of the dictate of the federal
government that gives children more rights than their parents.
CHAIR DAVIS asked Ms. Olson if she understood what bill is being
considered.
MS. OLSON said she does understand.
MR. MALLONEE said he does not see how the previous testimony
applies to this bill at all.
1:50:21 PM
SENATOR PASKVAN moved to adopt work draft CS for SB 96, labeled
26-LS0485\E, as the working document.
SENATOR THOMAS objected for discussion.
SENATOR DYSON asked if it's true that federal regulation states
that either or both parents must provide health care insurance.
MR. MALLONEE answered that is correct; 42 US Code says that
also.
SENATOR DYSON asked if a financially capable parent who wanted
to pay his own bills and not have health insurance could do so.
MR. MALLONEE replied yes. Parents have to purchase reasonably
priced insurance; if no insurance is available, they have to put
up cash support.
1:53:16 PM
SENATOR DYSON said wanted to verify that he meant "yes" - the
regulation says a person can't be self-insured.
MR. MALLONEE responded if the question is whether a person can
elect not to buy health insurance and rather provide cash
medical support that would not be okay.
1:54:10 PM
CHAIR DAVIS clarified if a parent has the cash and wants to pay
for the insurance they can.
MR. MALLONEE agreed.
SENATOR DYSON asked if the sentence that says "states must order
either or both parents to purchase reasonably priced accessible
health insurance" should have said "or provide cash medical
support".
CHAIR DAVIS said he was probably correct. She asked that they
take this issue up at a later time rather than during the
committee meeting.
1:57:53 PM
MR. MALLONEE said the purpose of the federal Uniform Interstate
Family Support Act (UIFSA) is to provide efficient procedures to
collect child support inter-state cases and to eliminate
multiple support orders that were permitted under previous child
support law. In 1995, Alaska adopted its version of UIFSA using
a different definition of "state." In 1996, Congress passed
legislation that mandated the states adopt the UIFSA to be
eligible to continue receiving federal funding for their child
support programs. Alaska's definition of "state" does not
currently include two entities that are included in UIFSA - the
U.S. Virgin Islands and an Indian Tribe. This bill would
incorporate these two into the Alaska UIFSA statute.
SENATOR DYSON said that, having gotten pretty involved in this
child support issue over the years, he is concerned that they
might be doing something that would frustrate some advocacy
group, and he wanted to know if anything in this bill could be
perceived to be against the interests of any of the interested
parties.
CHAIR DAVIS remarked that there were concerns about the original
bill, but the CS addressed them.
2:01:29 PM
MS. BLAISDELL responded that the Department of Revenue (DOR) has
not received any negative comment on it.
SENATOR DYSON said he thought that all of the custodial parents
out there know that this is naïve.
CHAIR DAVIS set SB 96 aside.
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