Alaska Administrative Code
Title 7 - Health and Social Services
Part 7 - Medicaid Assistance Eligibility
Chapter 100 - Medicaid Eligibility
Article 11 - Medicaid Treatment of Trusts
7 AAC 100.600 - Applicability of Medicaid trust provisions

(a) The provisions of 7 AAC 100.600 - 7 AAC 100.619 apply to an individual who is eligible for Medicaid under an eligibility category identified in 7 AAC 100.002(a) - (e). However, an applicant or recipient may not use a recognized Medicaid trust under 7 AAC 100.604 to meet income and resource requirements for eligibility categories identified in 7 AAC 100.002(e).

(b) For the purposes of 7 AAC 100.600 - 7 AAC 100.619, an applicant or recipient is the grantor of a trust if

(c) The provisions of 7 AAC 100.600 - 7 AAC 100.619 do not apply to a trust that

(d) The provisions of this chapter that are applicable to an applicant's or recipient's eligibility category are used to determine whether a trust described in (c) of this section is a countable resource or if payment from the trust is income.

(e) A trust that is funded by the proceeds of a court settlement in which the applicant or recipient was a plaintiff is a trust created with the assets of the applicant or recipient and is subject to 7 AAC 100.600 - 7 AAC 100.619.

(f) If a transaction is identified in 7 AAC 100.600 - 7 AAC 100.619 as a transfer of an asset for less than fair market value under 7 AAC 100.510, an applicant or recipient may request an undue hardship exemption in accordance with 7 AAC 100.516.