Alaska Administrative Code

An entity seeking a general variance under 7 AAC 10.9500 - 7 AAC 10.9535 must submit to the department, on a form supplied by the department, a request for a general variance as required by this section. A request must contain the following: (1) the requirement from which the var…

(a) If an assisted living home is requesting a general variance for a state statutory or regulatory licensing requirement, the home shall deliver to each affected resident or the resident's representative, no later than five days after submitting a request for a variance, a (1) c…

The department will evaluate a request for a general variance by (1) investigating the statements in the request form; (2) inspecting the entity, if appropriate; and (3) taking one or both of the following actions: (A) conferring with the applicant or licensee regarding the reque…

(a) The department's decision to grant or deny a request for a general variance will be issued in writing and will be delivered to the person who made the request. (b) Subject to (c) of this section, the department may grant a general variance, for a period that does not exceed o…

(a) If the department grants a request for a general variance, the entity shall post a copy of the general variance decision in a conspicuous place, with the entity's license as required by AS 47.32.080, during the period the variance is in effect, and shall make it available to …

(a) If the department denies or revokes a variance subject to 7 AAC 10.9500 - 7 AAC 10.9535, the entity may submit a written request to the department for reconsideration of that decision. (b) A request under (a) of this section must be submitted within 30 days after the entity r…

Notes 7 AAC 10.955 Eff. 2/9/2007, Register 181; am 2/13/2008, Register 185; repealed 6/29/2017,Register 222, July 2017 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly …

(a) Except as provided in (b) and (c) of this section, if a provider is required to terminate association with an applicant, the provider shall (1) notify the applicant that the applicant's employment, volunteer services, or other association with the provider under 7 AAC 10.900(…

The department will conduct announced and unannounced inspections and investigations of an entity or individual service provider that is subject to AS 47.05.300-47.05.390, AS 47.32, or this chapter (1) for purposes of AS 47.05.300-47.05.390 and AS 47.32.110; (2) to determine comp…

(a) The plan of correction required under AS 47.32.140(b) must contain the following information for each violation identified in the report issued under AS 47.32.120(a): (1) each action that will be taken to correct the violation; (2) each measure that will be taken or change th…

An allegation of compliance required under AS 47.32.140(c) must describe each action that was taken by the entity to correct each violation, and must include the date the violation was corrected. The allegation must be signed by the administrator or another person responsible for…

An enforcement action taken by the department under AS 47.32 or this chapter, or another state statute or regulation applicable to an entity subject to AS 47.32 and this chapter, is subject to the applicable hearing requirements of AS 47.32.150. Notes 7 AAC 10.9620 Eff. 6/23/2006…

(a) In 7 AAC 10.900 - 7 AAC 10.990, unless the context requires otherwise, (1) "applicant" (A) means an individual who requests a background check or a variance as required under 7 AAC 10.900 or under 7 AAC 10.930 and 7 AAC 10.935 for association with a provider, or for whom a pr…

In this chapter, unless the context indicates otherwise, (1) "adequate" or "adequately" means that which is necessary to accomplish the intended purpose in keeping with good public health practices; (2) "administrator" means a person who controls, operates, manages, supervises, o…

The purpose of this chapter is to establish rules for determining eligibility for Medicaid under AS 47.07. To be eligible for Medicaid coverage under AS 47.07, an individual must qualify under this chapter in an eligibility category listed in 7 AAC 100.002. Notes 7 AAC 100.001 Ef…

(a) Except as provided in (b) of this section, the specific mandatory eligibility categories required under AS 47.07.020(a) for individuals, children, and families are (1) households that (A) meet the requirements of 42 U.S.C. 1396 a(a)(10)(A)(i)(I) and 42 U.S.C. 1396u-1; and (B)…

(a) The department will not act on a request for Medicaid eligibility or coverage until the department receives an identifiable application. An identifiable application must be made on a form provided by the department for the purpose of applying for Medicaid. That application fo…

(a) An applicant 18 years of age or older may appoint a representative who, in the applicant's place, is authorized to apply for Medicaid on the applicant's behalf. An individual who is 18 years of age or older may be an authorized representative. The appointment of an authorized…

(a) A new application must be made if, at the time of application, the individual is not receiving Medicaid under this chapter and is not a member of a household receiving Medicaid under this chapter. (b) The department may determine eligibility without requiring the applicant or…

(a) The department will make a finding of eligibility or ineligibility for every identifiable application for Medicaid that it receives under 7 AAC 100.004, unless (1) a written request to withdraw the application is submitted by an individual authorized to sign the application u…

(a) An applicant for Medicaid under one of the following eligibility categories must participate in at least one face-to-face interview with a caseworker or fee agent, unless waived by the department under (c) of this section: (1) Family Medicaid under 7 AAC 100.002(a) (1); (2) F…

(a) The department will verify whether an applicant or recipient meets eligibility requirements. (b) The department will request in writing that an applicant or recipient provide documentation that the applicant or recipient meets eligibility requirements if the required document…

(a) No later than 30 days after an application is received, or 90 days if a disability determination is required, a district office of the division handling public assistance matters in the department or the office of the department handling matters for children in the department…

(a) Except as provided in (h) of this section, at least once every 12 months, the department will require a recipient who is eligible for Medicaid to submit a review application on a form provided by the department and furnish the documentation requested by the department to supp…

(a) A timely review application is one that is received on or before the date requested. If the department determines that a timely review application requires additional documentation, the department will send a notice to the recipient requesting the additional documentation and…

(a) Except as provided in (d) of this section, to be eligible for Medicaid an applicant must do one of the following: (1) present to the department or a fee agent the applicant's actual social security card or a photocopy of it; (2) submit a written statement giving the applicant…

(a) Except as otherwise provided in this section, to be eligible for Medicaid, a member of a household who may be eligible for benefits under one or more of the following programs must apply for and, if eligible, accept benefits from that program: (1) workers' compensation under …

(a) To be eligible for Medicaid, an applicant or recipient must (1) cooperate with the department in obtaining or identifying third-party resources that may be available to pay for medical care for which Medicaid coverage is sought; and (2) assign to the department the applicant'…

(a) A custodial parent or guardian of a child who is a Medicaid applicant or recipient must assign to the state the right to receive and retain medical support from a noncustodial parent on behalf of all children for whom the applicant is seeking Medicaid benefits. (b) Signing an…

(a) Except as otherwise provided in this section, an applicant for Medicaid who is 18 years of age or older and who is a parent, or who can legally assign rights to medical support for a child in the applicant's care, must cooperate with the child support services agency of the D…

(a) In accordance with 7 AAC 100.042(b) (7), the department will find that good cause for refusal to cooperate with the child support services agency exists if(1) cooperation would increase the risk of physical harm to the child, custodial parent, or caretaker relative; (2) coope…

(a) A parent or other adult who is required to cooperate with the child support services agency, but who fails to do so without good cause, is ineligible for Medicaid until the parent or adult cooperates as required. Only a parent or other adult who can legally assign rights to m…

(a) To be eligible for Medicaid, an individual must meet all other eligibility requirements under this chapter, including the state residency requirement under 7 AAC 100.060, and (1) be or claim to be a United States citizen under 7 AAC 100.054; (2) be a qualified alien described…

(a) Medicaid eligibility for an alien is based on whether the alien is a qualified alien or nonqualified alien, regardless of the date of that alien's physical entry into the United States. (b) A qualified alien is an alien who, at the time the alien applies for or receives a Med…

(a) If the department is unable to verify both identity and United States citizenship through a data match with the United States Social Security Administration, an applicant for Medicaid may verify both identity and United States citizenship by submitting to the department (1) a…

(a) Unless exempt under 7 AAC 100.058, a qualified alien as described in 7 AAC 100.052 who enters the United States on or after August 22, 1996, is not eligible for Medicaid for a period of five years beginning on the date the alien physically entered into the United States. A no…

The five-year bar described in 7 AAC 100.056 does not apply to an alien who is (1) a refugee granted asylum or an individual with a similar status described in 8 U.S.C. 1613(b)(1); (2) a veteran of, or who is on active duty in, the United States armed forces as described in 8 U.S…

(a) To be eligible for Medicaid in this state an applicant must be a resident of the state. (b) Except as otherwise provided in (c) in this section, a resident of the state is an individual who is physically present in the state and living in the state voluntarily with the intent…

(a) An applicant who has recently arrived in the state with the intent to remain and who is still receiving assistance from another state meets the residency requirement of 7 AAC 100.060. However, the department will not issue Medicaid benefits until Medicaid benefits from the ot…

(a) An applicant for or recipient of Medicaid benefits continues to be a resident of the state while the applicant or recipient is temporarily absent from the state if (1) the applicant or recipient intends to return to the state when the purpose of the absence has been accomplis…

(a) If a Medicaid recipient is placed in an institution located in another state, the state of residence is determined according to 42 C.F.R. 435.403, revised as of October 1, 2005, and adopted by reference. (b) If a recipient leaves an institution or foster care setting and also…

(a) Except as provided in this section, the department will not reimburse Medicaid services provided to a Medicaid-eligible individual while the individual resides in a public institution, regardless of whether placement was voluntary or involuntary, unless the individual is (1) …

(a) Except as provided in (b) and (c) of this section, a child under 19 years of age who is eligible for Medicaid remains eligible for Medicaid for a continuous 12-calendar-month period beginning with the month a prospective eligibility determination is made. Each time a new pros…

(a) At the time of application or interview, an applicant may request Medicaid coverage for a maximum of three months immediately preceding the month of application if the applicant has unpaid medical expenses for dates of service any time during that three-month period. (b) The …

The department will suspend, rather than terminate, an individual or household's eligibility if the individual or household is likely to be ineligible for only one month. The department will not count the suspension month as a month in which earned income deductions are allowed u…

The provisions of 7 AAC 100.100 - 7 AAC 100.199 establish Family Medicaid eligibility criteria under 7 AAC 100.002(a) (1). Except as otherwise provided in this chapter, 7 AAC 100.100 - 7 AAC 100.199 apply to all eligibility categories under 7 AAC 100.002(a) or (c). Notes 7 AAC 10…

(a) To determine eligibility for Family Medicaid, the department will first determine who is in the Family Medicaid household under (b) of this section and then determine if the household is financially eligible under (c) of this section. (b) A Family Medicaid household is the co…

(a) Unless otherwise provided in this chapter, the following individuals are mandatory members for the household for the purposes of determining Family Medicaid eligibility if they are living in the same home: (1) a dependent child; to be determined a dependent child, an individu…

(a) To be eligible for Family Medicaid, a dependent child must be deprived of the parental support and care of one or both of the child's parents. Deprivation occurs (1) when a parent does not continue to live in the home of the child, except for a temporary absence authorized un…

(a) To be eligible for Family Medicaid, a dependent child must be living with a caretaker relative in the home of that caretaker relative. (b) The department will consider a dependent child to be living with a caretaker relative if the caretaker relative maintains a home for the …