AS Title 47, Chapter 45: Older Alaskans and Long-term Care Facility Residents

Article 1. Alaska Longevity Bonus. Chapter 45. Older Alaskans and Long-term Care Facility Residents. Sec. 47.45.010. Persons who may qualify for longevity bonus. (a) A person who is 65 years of age or over who resides in the state for at least one year immediately preceding application for a longevity bonus under AS 47.45.010 — 47.45.160 may apply to the commissioner of administration no later than December 31, 1996, for qualification to receive a monthly bonus of (1) $250, if the person's application was submitted before January 1, 1994; (2) $200, if the person's application was submitted on or after January 1, 1994, but before January 1, 1995; (3) $150, if the person's application was submitted on or after January 1, 1995, but before January 1, 1996; or (4) $100, if the person's application was submitted on or after January 1, 1996, but before January 1, 1997. (b) When the commissioner of health determines that an applicant qualifies under AS 47.45.010 — 47.45.160 the commissioner shall immediately begin payment of the bonus. (c) A person who otherwise qualifies to receive a bonus provided for in AS 47.45.010 — 47.45.160 may continue to do so only as long as that person continues to be a resident of the state. (d) [Repealed, § 62 ch 21 SLA 1991.] Sec. 47.45.020. Continuous eligibility procedures. After qualification, monthly applications for bonuses may be made in person to any office of the Department of Health. Mailed monthly applications shall also be considered by the department. In-person or mailed applications shall be made on forms provided by the department and shall conform to the conditions as provided by regulation. The commissioner of health may make exceptions for those residents who are isolated in rural areas and cannot mail a monthly application; however, they shall mail an application at least once every six months. Sec. 47.45.030. Absence from the state. (a) After qualification, a recipient shall notify the commissioner of health when the recipient expects to be absent from the state if the absence is for a continuous period that exceeds 60 days. After that notification, the recipient may no longer receive bonuses from the Department of Health after the last regularly approved monthly application. Upon returning to the state, the recipient may again make application for a bonus. Failure to notify the commissioner of an expected absence may be grounds for disqualification. (b) [Repealed, § 4 ch 78 SLA 2002.] (c) A recipient who has been absent from the state for a continuous period that exceeds three years is permanently disqualified from receiving bonuses. Sec. 47.45.035. Unpaid sabbaticals. [Repealed, § 4 ch 78 SLA 2002.] Sec. 47.45.040. Disqualification. Disqualification under AS 47.45.010 — 47.45.160 shall rest solely with the commissioner of health and shall be outlined in the regulations adopted under AS 47.45.100 . Sec. 47.45.045. Reapplication after disqualification. [Repealed, § 4 ch 78 SLA 2002.] Sec. 47.45.050. Department hearing. The Department of Health may arrange with the office of administrative hearings ( AS 44.64.010 ) to hold a hearing upon the request of an applicant or recipient who has been disqualified. Before this hearing, the department shall, by certified mail, notify an applicant or recipient in plain and comprehensive language the exact reason for the disqualification. Form letters using only referral to state statutes or department regulations, or otherwise vague in detail, are not considered compliance by the department with this section. Sec. 47.45.060. Legal remedy. Legal remedy from disqualification may be sought by an applicant or recipient in any court of competent jurisdiction in the state. The burden of proof shall rest solely upon the applicant or recipient and any costs related to a disqualification verdict determined against the applicant or recipient may be recoverable by the attorney general from that person, or from any agency representing that person supported in whole, or in part, with state appropriations. Sec. 47.45.070. Unqualified persons. (a) An unqualified person is one who (1) does not meet the age or residence requirements as provided for under AS 47.45.010 — 47.45.160; (2) meets the age and residence requirements of AS 47.45.010 — 47.45.160 but either is confined in a state or federal mental health institution or facility and is certified by the state as unable to manage personal affairs, or resides in a nursing home as that term is defined in AS 08.70.180 ; however, if that person, at the time of commitment or commencement of residence, provided the principal support of a spouse, the commissioner of health may determine to pay the confined person's bonus to the person's spouse until the spouse is qualified for a bonus; (3) is otherwise qualified but confined in a penal or correctional institution or facility; upon completion of sentence or upon the conferral of a pardon, parole, or probation, the person may make application; confinement outside the state shall be considered as residence in the state if a person was convicted and sentenced from a court in Alaska; revocation of parole or probation shall be cause for immediate disqualification until release from confinement is again effected; (4) is permanently disqualified under AS 47.45.030 (c); (5) did not apply, under AS 47.45.010 (a), before January 1, 1997, for qualification to receive a longevity bonus; (6) was found qualified to receive a longevity bonus and was subsequently permanently disqualified under former AS 47.45.030 (b) or former AS 47.45.045 . (b) Notwithstanding (a)(2) of this section, a person who meets the age and residence requirements of AS 47.45.010 — 47.45.160 qualifies for the bonus during any period of residence in a nursing home that does not exceed 90 consecutive days if the bonus is exempt from the determination of income eligibility under Supplemental Security Income in 42 U.S.C. 1382a (Sec. 1612(b)(2)(B), Social Security Act), as amended. (c) Notwithstanding (a)(2) of this section, a person who resides in a nursing home who meets the age and residence requirements of AS 47.45.010 — 47.45.160 qualifies for the bonus if the costs of care of the person at the nursing home are paid for entirely from private sources, veterans' benefits, or a combination of private sources and veterans' benefits. Sec. 47.45.080. Accrual of bonuses. A recipient may not for any reason, receive an accrual of bonuses in excess of two monthly payments. Interest may not be paid on accrued bonuses. Upon the death of a recipient the commissioner of health shall pay to the beneficiary of the recipient any accrued bonuses not to exceed two monthly payments. Sec. 47.45.090. Alaska longevity bonus fund. [Repealed, § 12 ch 42 SLA 1997.] Sec. 47.45.100. Regulations. The commissioner of health shall adopt regulations necessary to carry out the provisions of AS 47.45.010 — 47.45.160. Sec. 47.45.110. Treasurer of system. The commissioner of revenue is the treasurer of the system and has powers and duties for this purpose. Sec. 47.45.120. Exemption from state and local taxation and from debt collection. (a) Bonuses received under AS 47.45.010 — 47.45.160 are exempt from all state and political subdivision taxes except sales and use taxes. A bonus received under AS 47.45.010 — 47.45.160 is not exempt from a federal tax requirement. (b) Bonuses received under AS 47.45.010 — 47.45.160 are exempt from levy to enforce the collection of a debt as provided in AS 09.38 (Alaska Exemptions Act). Sec. 47.45.122. Eligibility for public assistance. (a) An individual whose public assistance is denied or reduced solely because of the receipt of a bonus under AS 47.45.010 — 47.45.160 by the individual or by a member of the individual's household is eligible for assistance under the general relief assistance program in AS 47.25.120 — 47.25.300. Notwithstanding the limit in AS 47.25.130 , the individual is entitled to receive the same amount as the individual would have received under other public assistance programs had the individual not received a longevity bonus. (b) In this section “other public assistance” means (1) Supplemental Security Income under 42 U.S.C. 1381 — 1385; (2) Medicaid under 42 U.S.C. 1396 — 1396p; and (3) Adult Public Assistance under AS 47.25.430 — 47.25.615. Sec. 47.45.130. Death or cessation of residency. The commissioner of health shall establish procedures to stop a bonus when a recipient under AS 47.45.010 — 47.45.160 no longer qualifies. When a recipient dies or discontinues residency in the state the recipient's qualification for a bonus shall stop at the time of the recipient's last approved monthly application. Sec. 47.45.140. Penalty for false statements or records. A person who wilfully or knowingly makes a false statement, or falsifies or permits to be falsified any record required by AS 47.45.010 — 47.45.160, is guilty of a misdemeanor and, upon conviction, is punishable by a fine of not more than $500, or by imprisonment for not more than six months, or by both, forfeits all rights under AS 47.45.010 — 47.45.160, and shall make adequate restitution for any bonuses illegally received. Sec. 47.45.150. Definitions. In AS 47.45.010 — 47.45.160, (1) “bonus” means a monthly Alaska longevity bonus payment made to a person or the person's beneficiary who qualifies under AS 47.45.010 — 47.45.160; (2) “resident” or “resident of the state” means an individual who is physically present in the state with the intent to remain in the state indefinitely and to make a home in the state; a person demonstrates the requisite intent by maintaining a principal place of abode in the state for one year and by providing other proof of intent the commissioner may require by regulation, including proof that the person is not claiming residency outside the state or obtaining benefits under a claim of residency outside the state. Sec. 47.45.160. Administrative Procedure Act not applicable. AS 44.62 (Administrative Procedure Act) does not apply to AS 47.45.010 — 47.45.160. Sec. 47.45.170. Purpose. [Repealed, § 6 ch 38 SLA 1984.] Article 2. Senior Benefits Payment Program. Sec. 47.45.300. Senior care program. [Repealed, § 4 ch 89 SLA 2005.] Sec. 47.45.301. Alaska senior benefits payment program. (a) The Alaska senior benefits payment program is established in the Department of Health to provide cash benefits as far as practicable under appropriations provided by law. (b) The department shall administer the program and adopt regulations under AS 44.62 (Administrative Procedure Act) to carry out the purposes of the program. (c) If the department estimates that appropriations for the program are insufficient to meet the demands of the program in a fiscal year, the department may reduce or eliminate the cash benefit available to recipients. Sec. 47.45.302. Cash assistance benefit. (a) An individual is eligible for a cash assistance benefit under the program if the individual (1) is 65 years of age or older; (2) is a resident of the state; (3) is a citizen of the United States or a qualified alien under 8 U.S.C. 1613 and 1641; (4) has a household income that does not exceed 175 percent of the annual federal poverty line for Alaska, as determined by the United States Department of Health and Human Services and revised under 42 U.S.C. 9902(2); (5) has not received a longevity bonus payment under AS 47.45.010 — 47.45.160 for the same period; and (6) applies in the format prescribed by the department; the department may use an abbreviated form for an individual who received a payment under an assistance program for seniors that paid $120 a month and was administered by the department on or before July 29, 2007; the department shall establish an electronic application for a cash assistance benefit and allow an applicant to submit an application in electronic format or in other formats required by state and federal law; the electronic application must inform an applicant that a false statement made on the application will be investigated and is punishable under AS 11.56.210 ; in this paragraph, “electronic application” means an application for benefits or renewal of benefits, whether the department exclusively administers the benefits or administers the benefits in coordination with another state agency or federal agency, electronically completed and submitted through the department's Internet website. (b) An eligible individual shall receive a monthly cash assistance payment beginning on August 1, 2007, as follows: (1) $250 if the individual's household income does not exceed 75 percent of the federal poverty line for Alaska; (2) $175 if the individual's household income does not exceed 100 percent but is above 75 percent of the federal poverty line for Alaska; (3) $125 if the individual's household income does not exceed 175 percent but is above 100 percent of the federal poverty line for Alaska. (c) Cash assistance provided under this section is subject to appropriation. Sec. 47.45.304. Continuation of benefits. An eligible individual who leaves the state may not receive a cash benefit under AS 47.45.302 during the absence unless the individual's absence is temporary and is for one of the following reasons: (1) to receive medical treatment for the individual; (2) to accompany the individual's family member who is receiving medical treatment outside the state; or (3) for a vacation, business trip, or other absence of less than 30 consecutive days, unless the individual has applied for and received a time extension from the department for special circumstances. Sec. 47.45.306. Appeal rights. An individual who receives a determination from the department that denies, limits, or modifies a cash benefit under AS 47.45.301 — 47.45.309, other than a determination under AS 47.45.301 (c) to reduce or eliminate benefits, may request a hearing before the office of administrative hearings ( AS 44.64.010 ) under regulations adopted by the department. Sec. 47.45.308. Ability to recover or recoup improper assistance or benefits. An individual is liable to the department for the value of assistance or benefits improperly paid to the individual under AS 47.45.302 or former AS 47.45.310 or 47.45.320 if the improper payment was based on inaccurate or incomplete information provided by the individual. In a civil action brought by the state to recover from the individual the value of assistance or benefits improperly paid under AS 47.45.302 or former AS 47.45.310 or 47.45.320, the state may recover from the individual the costs of investigation and prosecution of the civil action, including attorney fees as determined under court rules. Sec. 47.45.309. Definitions. In AS 47.45.301 — 47.45.309, (1) “department” means the Department of Health; (2) “eligible individual” means an individual who meets the requirements of AS 47.45.301 — 47.45.309 and regulations adopted under those statutes for eligibility for the program; (3) “family member” means a person who is (A) legally related to an eligible individual through marriage or guardianship; or (B) an eligible individual's sibling, parent, grandparent, son, daughter, grandson, granddaughter, uncle, aunt, niece, nephew, or first cousin; (4) “program” means the senior benefits payment program established in AS 47.45.301 — 47.45.309; (5) “resident” has the meaning given in AS 47.25.430 (a). Secs. 47.45.310 — 47.45.390. Cash assistance benefit; prescription drug benefit; continuation of benefits; appeal rights; ability to recover or recoup improper assistance benefits; Alaska senior care fund; definitions. [Repealed, § 4 ch 89 SLA 2005.] Article 3. Long-term Care Allowance. Sec. 47.45.400. Long-term care allowance. (a) The department shall exclude a personal needs allowance of $200 a month from the income calculation made for the reimbursed cost of long-term care facility services, including swing-bed facility services, paid by the department for a person who is a recipient of medical assistance benefits under AS 47.07.020 . (b) The department shall pay a personal needs allowance of $200 a month to a resident of a long-term care facility in the state who is without income or resources. (c) In this section, “long-term care facility” means an establishment, other than an Alaska Pioneers' Home or an Alaska Veterans' Home, that is (1) licensed by the department under AS 47.32 as a skilled nursing facility or intermediate care facility; or (2) owned or operated as a skilled nursing facility or intermediate care facility by the United States, an Indian tribe, or a tribal organization and exempt from state licensure under applicable law.