(a) A special
low-income Medicare beneficiary under
7
AAC 100.754 who receives assistance from the
department only in the form of payment for the beneficiary's Medicare
co-payments or deductibles is exempt from estate recovery.
(b) A Medicaid expenditure made for services
that a recipient would not have been required to pay for if the recipient was
not eligible for Medicaid is exempt from estate recovery.
(c) American Indian and Alaska Native income
and resources, including rents, leases, royalties, usage rights, or income from
them, are exempt from estate recovery if that income is or those resources are
(1) located on, near, or within the most
recent boundaries of a current or prior federally recognized or designated
reservation;
(2) derived from the
passing of land described in (1) of this subsection from an American Indian or
an Alaska Native or descendant of an American Indian or Alaska Native to
(A) one or more relatives, by blood,
adoption, or marriage;
(B) another
American Indian or Alaska Native; or
(C) an American Indian or Alaska Native
group;
(3) derived from
the exercise of a federally protected right to extract or harvest natural
resources from land described in (1) of this subsection;
(4) held in trust or restricted status or are
judgment funds that are exempt from recovery by state law, including the
following distributions or conveyances by an Alaska Native corporation
organized under to 43 U.S.C.
1601 -
1629 h (Alaska Native Claims
Settlement Act (ANCSA)) to an Alaska Native or descendant of an Alaska Native:
(A) stock, including stock issued or
distributed as a dividend or distribution on stock, or bonds issued by that
corporation;
(B) land or an
interest land, including land or an interest in land received as a dividend or
distribution on stock;
(C) a
shareholder homesite conveyed under
43 U.S.C.
1620(j);
(D) an interest in a settlement trust;
and
(E) any other property interest
that is conveyed, or deemed to be conveyed, under
43 U.S.C.
1601 -
1629 h;
(5) originally protected assets and ownership
interests that have been inherited, if the protected source can be clearly
traced; or
(6) ownership interest
in or usage rights to items not included in this subsection, with unique
religious, spiritual, traditional, or cultural significance or usage rights
that support subsistence or a traditional lifestyle in accordance with
applicable tribal law or custom.
(d) In this section,
(1) "Alaska Native group" has the meaning
given "Native group" in 43
U.S.C. 1602(d);
(2) "settlement trust" means a trust
(A) established and registered
(i) by an Alaska Native corporation organized
under 43 U.S.C.
1601 -
1629 h; and
(ii) under the laws of the state and under a
resolution of its shareholders; and
(B) operated for the benefit of shareholders,
Alaska Natives, and descendants of Alaska Natives, in accordance with
43 U.S.C.
1629 e (sec. 39 of the Alaska Native Claims
Settlement Act) and the laws of the state.
