Alaska Administrative Code

(a) The department will consider a dependent child and a caretaker relative to be living together even though the dependent child or the caretaker relative is absent from the home, if one of the following circumstances is true for the duration of the absence: (1) the dependent ch…

(a) A Family Medicaid household may include any of the following: (1) one adult and any number of dependent children for whom the adult is a caretaker relative; (2) only a dependent child or children if the caretaker relative is not included in the Medicaid household for the purp…

(a) In addition to the mandatory members of the household identified in 7 AAC 100.104, one or more of the following individuals, if the individual chooses to apply, may be included in a Family Medicaid household if everyone is living in the same home: (1) any dependent child who …

(a) A Family Medicaid household may not include a child or adult who is receiving SSI, APA, or foster care maintenance payments. The department will disregard the financial needs, income, and resources of a child or adult receiving SSI, APA, or foster care payments when determini…

(a) The financial needs, income, or resources of the following individuals are not included in a Family Medicaid eligibility determination even if the individual is living in the same home as a dependent child: (1) a recipient of SSI or APA; (2) the sibling of a dependent child i…

(a) A minor parent is a parent who is not married, is under 18 years of age, and has not been emancipated under AS 09.55.590. For the purpose of determining who is included in a Family Medicaid household, a minor parent is only considered a parent if (1) the minor parent lives ap…

(a) Notwithstanding 7 AAC 100.300 - 7 AAC 100.304, the department will determine Family Medicaid eligibility for a pregnant woman who does not have other children living in the household who are eligible for Family Medicaid, if the pregnant woman is in the last 91 days of pregnan…

(a) A household is not eligible for Family Medicaid if the household has nonexempt resources, as determined under 7 AAC 100.138 and 7 AAC 100.140, with a total value, as determined under 7 AAC 100.144, in excess of $2,000 or, if the household includes an individual 60 years of ag…

(a) In determining eligibility for Family Medicaid benefits, the department will include a nonexempt resource in the determination only if the resource is actually available to meet the financial needs of a dependent child who is included in the Family Medicaid household. (b) If …

(a) To determine whether a household's nonexempt resources exceed the resource limit in 7 AAC 100.130, the department will consider the following factors: (1) what nonexempt resources the caretaker relative has; (2) whether the caretaker relative's nonexempt resources are conside…

(a) In determining the eligibility of an applicant who is an alien under 7 AAC 100.050 and 7 AAC 100.052, the department will count the nonexempt resources of the alien's sponsor and the sponsor's spouse who is living with the sponsor, if the sponsor(1) or the sponsor's spouse ar…

(a) The department will not consider exempt resources in determining eligibility for Family Medicaid benefits. A resource is exempt if it is determined to be wholly or partially exempt under this section or 7 AAC 100.140. (b) The physical structure that serves as the applicant's …

(a) Except as provided in (b) of this section, a pension plan and an employment-related retirement plan is an exempt resource if the applicant or recipient (1) cannot immediately withdraw and use the money in the pension plan to meet the needs of the applicant's or recipient's fa…

(a) In the month in which one resource is converted to, or exchanged for, another resource, the department will not consider the newly acquired resource to be income. The new resource is subject to 7 AAC 100.100 - 7 AAC 100.199. (b) For purposes of 7 AAC 100.100 - 7 AAC 100.199, …

(a) The department will determine the value of an available nonexempt resource by determining the applicant's or recipient's equity in that resource. Equity value is equal to the dollar amount that results from subtracting all legitimate debt secured by legal encumbrance on the t…

(a) In determining eligibility for Family Medicaid benefits, the only money the department will consider to be income to a Family Medicaid household is money that is (1) received or anticipated to be received by an individual included in the household; or (2) available or anticip…

The department will determine, on a monthly basis, eligibility for Family Medicaid benefits and when income is considered available to the applicant or recipient. The department will consider all income that is received or may be reasonably anticipated to be received in a month t…

The department will determine the prospective eligibility of a household by making, under 7 AAC 100.168, its best estimate of income, resources, and other circumstances that are anticipated to exist for the household during the month for which eligibility is being determined. To …

(a) Except as otherwise provided in this chapter, the department will consider money received by an individual included in the household to be income in the month it was received. If any of that money remains available to the household in the next month, the department will consi…

(a) For the purpose of determining Family Medicaid eligibility, the department will review all household income that is not exempt income under 7 AAC 100.160 and 7 AAC 100.162 to determine if that income is earned income, self-employment income, or unearned income. (b) Earned inc…

(a) The department will not consider exempt income under this section or 7 AAC 100.162 in determining eligibility for Family Medicaid benefits. The following items are exempt income if received by an individual included in the household:(1) home produce that is consumed by indivi…

(a) The earned income of a dependent child who is a full-time or part-time student is exempt when determining Family Medicaid eligibility. (b) In this section, (1) "full-time student" means a student who is regularly attending (A) vocational training that is designed to prepare a…

Except for those portions administered, funded, or insured under 20 U.S.C. 1070 - 1099c-2 (Title IV of the Higher Education Act of 1965), or under a United States Department of Interior, Bureau of Indian Affairs student assistance program, an educational grant, scholarship, or ot…

(a) Except as provided in (b) of this section, a child support payment made in cash is income for the purpose of determining eligibility for Family Medicaid when that child support payment is actually received. (b) Of a child support payment that is received by the applicant or r…

(a) For the purpose of determining the eligibility of a household for Family Medicaid benefits under 7 AAC 100.154, the department will make a best estimate of the prospective income for a household by using the actual income received or anticipated to be received in the month fo…

(a) If an applicant or recipient works for more than one month before receiving a single payment in full settlement for the work performed, regardless of whether that person is an employee or self-employed, working with or without a contract, the department will (1) prorate the i…

(a) Nonpersonal costs of doing business allowed under this section may not be deducted from income received from the production or sale of goods or services unless the department has determined that the individual is self-employed under this section. An individual is self-employe…

The department will prorate self-employment income, as determined under 7 AAC 100.172(i), over (1) a 12-month period if the yearly self-employment income exceeds 185 percent of the federal poverty guidelines for this state, adopted by reference under 7 AAC 100.980, for the size o…

(a) In determining the income eligibility of an alien applicant as identified in 7 AAC 100.050 and 7 AAC 100.052, the department will include, in accordance with (b) of this section, the combined total monthly income of an alien's sponsor and the sponsor's spouse who is living wi…

(a) Except as provided in (c) of this section, when determining the income eligibility of a Family Medicaid household, the department will include in the household's total monthly income the income of the stepparent who is living in the household, after applying the following ded…

(a) Before determining eligibility under (b) of this section, the department will first determine if a household's (1) resources are within the limits of 7 AAC 100.130; and (2) total monthly income is equal to, or less than, the applicable 185-percent standard established in 7 AA…

In calculating a household's countable income under 7 AAC 100.180(b), the department will deduct (1) $90 from the total gross monthly earned income of each individual included in the household who is employed and has not received Medicaid benefits in the state in any of the four …

(a) In calculating a household's countable income under 7 AAC 100.180(b), the department will disregard, as a necessary cost of earning income, the anticipated cost for the care of a child or incapacitated parent whose financial needs are included in the Family Medicaid eligibili…

(a) The department will determine a Family Medicaid household's income eligibility under 7 AAC 100.180 and Under-21 household eligibility under 7 AAC 100.252 and 7 AAC 100.254 by using the following qualifying income standards: (1) adult-included standards, used when the househol…

In 7 AAC 100.100 - 7 AAC 100.199, unless the context requires otherwise, (1) "countable income" means total monthly income less all applicable deductions and disregards from income under 7 AAC 100.184 and 7 AAC 100.186; (2) "dependent child" means an individual determined to be a…

(a) Medicaid eligibility under 7 AAC 100.002(a) (2) and 7 AAC 100.200 - 7 AAC 100.209 is available for up to 12 months if the household (1) was eligible for and in receipt of Family Medicaid in any three of the six months, including months of retroactive eligibility, immediately …

(a) The department will determine Transitional Medicaid eligibility for the Transitional Medicaid household. A Transitional Medicaid household includes (1) all individuals who are living together and whose income and financial needs were included in determining Family Medicaid el…

(a) Transitional Medicaid begins the first month after the month the department (1) terminates Family Medicaid eligibility; or (2) would have terminated Family Medicaid eligibility had (A) the household timely reported increased earnings as required under 7 AAC 100.900; and (B) t…

Notes 7 AAC 100.206 Eff. 7/20/2007, Register 183; repealed 10/1/2009, Register 191 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features wi…

(a) The department will reinstate a terminated Transitional Medicaid benefit only if (1) reinstatement is ordered following a hearing under 7 AAC 49; (2) the household moved out of state and then returned to this state; or (3) the caretaker relative makes a timely request for con…

In 7 AAC 100.200 - 7 AAC 100.209, "earnings" means the sum of monthly earned income and self-employment income. In this section, "earned income" and "self-employment income" have the meaning given in 7 AAC 100.199. Notes 7 AAC 100.209 Eff. 7/20/2007, Register 183; am 10/1/2009, R…

(a) Medicaid eligibility under 7 AAC 100.002(a) (3) will be extended up to four months after a household loses Family Medicaid eligibility under 7 AAC 100.002(a) (1) if the household (1) was eligible for and in receipt of Family Medicaid in any three of the six months, including …

The department will determine eligibility for the under-21 Medicaid eligibility categories under 7 AAC 100.002(c) (2) - (6) according to Family Medicaid eligibility criteria in 7 AAC 100.100 - 7 AAC 100.199, except as otherwise provided in 7 AAC 100.250 - 7 AAC 100.256 for a spec…

(a) The eligibility categories identified in 7 AAC 100.002(c) (2) - (4) include an individual under 21 years of age who is(1) living with one or both parents; (2) married and living with the individual's spouse; (3) living independently of parent or spouse as determined under (c)…

(a) Except for an individual who is entitled to receive Title IV-E foster care assistance under 7 AAC 100.270, the eligibility category identified in 7 AAC 100.002(c) (5) includes individuals under 21 years of age who are in the protective custody or supervision of the department…

Medicaid eligibility under 7 AAC 100.002(c) (6) and this section is limited to individuals who are under 21 years of age and for whom the department has entered into a reciprocal adoption assistance agreement with another state under the Interstate Compact on Adoption and Medical…

(a) Medicaid eligibility under 7 AAC 100.002(a) (8) and this section is limited to a child(1) for whom a subsidized adoption assistance agreement under 42 U.S.C. 670 - 675 is in effect, regardless of whether an adoption assistance payment is being made or a judicial decree of ado…

(a) Medicaid eligibility for pregnant women under 7 AAC 100.002(a) (4) and 7 AAC 100.002(c) (7) and (9) will be determined according to Family Medicaid eligibility requirements in 7 AAC 100.100 - 7 AAC 100.199, except as otherwise provided for each eligibility category and as oth…

(a) To be eligible for Medicaid under 7 AAC 100.300(a), a woman must (1) be pregnant as verified in accordance with 7 AAC 100.124(e); and (2) have monthly household income that does not exceed the appropriate income level in AS 47.07.020(b)(14). (b) To determine income eligibilit…

(a) A pregnant woman who was eligible for and receiving Medicaid coverage under any eligibility category on the last day of pregnancy, including eligibility approved under 7 AAC 100.072, is eligible for postpartum coverage under AS 47.07.020(o). (b) A woman eligible for postpartu…