Alaska Administrative Code
Title 7 - Health and Social Services
Part 8 - Medicaid Coverage and Payment
Chapter 160 - Medicaid Program; General Provisions
Article 2 - Third-Party Liability; Estate Recovery
7 AAC 160.240 - Waiving estate recovery
Universal Citation: 7 AK Admin Code 160.240
Current through November 28, 2024
(a) After considering the information gathered in accordance with 7 AAC 160.210, or after considering an appeal based on 7 AAC 160.230, the department may waive all or part of the department's claim for recovery.
(b) The department will waive recovery for undue hardship if the department determines that recovery would impoverish the estate beneficiary. To determine if estate recovery would impoverish the estate beneficiary, the department will consider whether
(1) the estate's only asset produces income,
and recovery would cause an estate beneficiary's loss of livelihood;
(2) recovery would deprive the beneficiary of
food, clothing, shelter, other necessities of life, or medical care, thereby
endangering the beneficiary's health and safety;
(3) an estate beneficiary's primary residence
is the estate's only significant asset and recovery would cause impoverishment
of the estate beneficiary as follows:
(A)
recovery of the asset would make the beneficiary eligible for public
assistance;
(B) a beneficiary could
discontinue eligibility for public assistance if the beneficiary was to receive
the asset; or
(4) a
beneficiary's primary residence is a home of modest value as determined on the
date of the recipient's death; in this paragraph, "modest value" means 50
percent or less of the average price of homes in the community, based on
Department of Labor and Workforce Development statistics, and as determined as
of the date of the recipient's death.
Authority:AS 47.05.010
AS 47.07.040
AS 47.07.055
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