Alaska Administrative Code
Title 7 - Health and Social Services
Part 7 - Medicaid Assistance Eligibility
Chapter 100 - Medicaid Eligibility
Article 9 - Long-term Care Medicaid Eligibility
7 AAC 100.516 - Transfer-of-asset undue hardship exemption

Universal Citation: 7 AK Admin Code 100.516

Current through August 30, 2024

(a) An applicant or recipient, or a long-term care facility on behalf of an applicant or recipient, may request an undue hardship exemption from a transfer-of-asset penalty period imposed under 7 AAC 100.510(d) or (e).

(b) An applicant or recipient who seeks an undue hardship exemption must submit the following to the department no later than 30 days after the date of notice that a transfer-of-asset penalty is being imposed:

(1) a written statement indicating how the applicant, recipient, or community spouse would face undue hardship if the penalty were imposed;

(2) a written statement describing
(A) why the assets transferred for less than fair market value cannot be returned; and

(B) what efforts the applicant or recipient has made to retrieve the assets.

(c) The director of the division of the department that handles public assistance, or the director's designee, shall decide whether to grant or deny an exemption under this section.

(d) The department will not grant an undue hardship exemption if the department determines that

(1) imposing the penalty merely causes the applicant or recipient inconvenience or restricts the applicant's or recipient's lifestyle; or

(2) the applicant or recipient transferred the asset without due consideration of the cost of medical care, food, clothing, or shelter that the applicant, recipient, or community spouse could reasonably expect to incur.

(e) In this section, "undue hardship" means that imposition of the transfer-of-asset penalty would deprive the applicant, recipient, or community spouse of

(1) medical care to the degree that the individual's life or health would be endangered; or

(2) food, clothing, shelter, or other basic necessities.

Authority:AS 47.05.010

AS 47.07.020

AS 47.07.040

Disclaimer: These regulations may not be the most recent version. Alaska may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.