Alaska Administrative Code

(a) Eligibility for general relief assistance under this chapter terminates as set out in 7 AAC 38.050 or upon failure to otherwise meet the requirements of this chapter. (b) A denial or termination of assistance under this chapter is subject to appeal as set out in 7 AAC 49. Not…

In this chapter (1) "department" means the Department of Health and Social Services; (2) "division" means the division of public assistance within the Department of Health and Social Services. 47.05.010 Notes 7 AAC 38.110 Eff. 7/23/82, Register 83 Authority:AS 43.23.075 AS 43.23.…

This chapter applies to facilities participating in the child care grant program under AS 47.25.071 and this chapter. Notes 7 AAC 39.010 Eff. 6/23/2006, Register 178 Authority:AS 47.25.001 AS 47.25.071 State regulations are updated quarterly; we currently have two versions availa…

(a) To be eligible for participation in the child care grant program under AS 47.25.071 and this chapter, a child care facility must meet the requirements of AS 47.25.071(b) and this chapter. (b) If the department terminates a facility's participation in the program under 7 AAC 3…

To apply for participation in the child care grant program, an eligible child care facility must submit to the department a completed application, on a form prescribed by the department, that includes a signed certification that the facility will participate in the program as req…

(a) To participate in the child care grant program, a child care facility must (1) participate in the child care assistance program under AS 47.25.001-47.25.095 and 7 AAC 41; (2) use the grant money solely for operation of the facility; (3) meet the requirements of AS 47.25.071(g…

(a) The department will pay a participating facility a monthly grant payment calculated under AS 47.25.071(c) and (f), based on the participating facility's average daily full-time equivalent units of care for the month, and the amount of appropriations available. (b) To receive …

(a) To determine a facility's average daily full-time equivalent units of care for a month, the facility shall include in the calculation only the amount of time each child was actually in attendance at the facility. In making this calculation, the following standards apply: (1) …

(a) A participating child care facility may spend grant money only for operation of the facility. Categories of allowable expenditures related to facility operation are as follows: (1) staff salaries and benefits; (2) cost of providing for substitute care; (3) health and safety c…

(a) The department may impose a sanction under 7 AAC 39.050 upon a participating child care facility for one or more of the program violations set out in (b) of this section. The department will impose a level of sanction necessary to ensure benefits are being paid in accordance …

(a) If the department determines there is reasonable evidence of an overpayment to, or an intentional program violation by, a participating child care facility, the department will conduct one or more of the following methods of investigation: (1) review and audit the facility's …

(a) If the department determines that an overpayment of grant money has occurred, the department will provide a written notice to the facility that (1) includes the department's determination, and the basis for that determination; (2) advises the facility of the opportunity to de…

(a) If the department determines that an intentional program violation has occurred, the department will send a written notice to the facility that (1) includes the department's determination, and the basis for that determination; (2) describes the action the department intends t…

(a) The department may monitor and inspect a facility's billings, sign-in and sign-out sheets, attendance reports, and other documents the department determines are necessary to evaluate grant compliance. The department will furnish the facility with a written monitoring report o…

A facility shall maintain attendance records, grant and billing records, including records of receipt and disposition of grant money, and other records relating to participation in the child care grant program for at least three years from the date each record is created. The fac…

(a) A facility aggrieved by a written determination made by the department under this chapter may request the department to conduct an administrative review of the determination by submitting a written request for administrative review to the department. (b) A request for adminis…

(a) An administrative review by the department under this section will be conducted by a person who was not involved in the decision being reviewed, and who is not subordinate to the person who made the decision. The department will issue a decision to grant or deny the relief so…

(a) In this chapter, unless the context indicates otherwise, (1) "attendance" means the time during which a child is actually in the paid care of a facility; (2) "attendance rate" means a daily, part-time daily, or hourly rate charged for a child's actual time in care; (3) "avera…

Notes 7 AAC 40.005 Repealed 5/12/82. 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 will be added as we have more versions to compar…

Notes 7 AAC 40.015 Repealed 5/12/82. 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 will be added as we have more versions to compar…

This chapter applies to the old age assistance, aid to the blind, and aid to the permanently and totally disabled programs established under AS 47.25. Notes 7 AAC 40.020 Eff. 5/12/82, Register 82 Authority:AS 47.05.010 AS 47.25.430 State regulations are updated quarterly; we curr…

(a) An applicant must meet the eligibility requirements of the SSI program contained in Title XVI of the Social Security Act, as amended (42 U.S.C. 1381 - 1383) and in 20 C.F.R. Part 416, and the eligibility requirements set forth in this chapter. If the requirements of this chap…

Assistance under this chapter will be granted only upon application to the division. Application must be made on a form provided by the division. Application may be made by the individual seeking assistance or by a responsible person acting on his behalf. Notes 7 AAC 40.040 Eff. …

(a) Each applicant shall make himself available for an interview at a district office of the division. If the division determines that it would be unreasonable to require an applicant to make himself available for an interview, the applicant may provide written statements of pers…

(a) Except as provided in 7 AAC 40.410, an applicant whose income falls within SSI income standards must apply for SSI within 30 days after the date of application under 7 AAC 40.040. (b) If an applicant receives assistance, other than interim assistance under 7 AAC 40.375, and h…

(a) Except as provided in (b) of this section, the division will render an eligibility decision on each identifiable application and will mail the applicant a written notice of that decision within 30 days after receipt of the application. In this section, "identifiable applicati…

An applicant whose application is not acted upon within 30 working days after receipt by the division, whose application is denied in whole or part, or whose assistance is reduced or discontinued, will upon presentation of a written request be granted a hearing under 7 AAC 49. In…

Eligibility for assistance is based upon (1) U.S. citizenship or resident alien status; (2) residence in the state; (3) age; (4) residence outside certain institutions; (5) blindness, for aid to the blind; (6) disability, for aid to the permanently and totally disabled; (7) finan…

Notes 7 AAC 40.100 Repealed 5/12/82. 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 will be added as we have more versions to compar…

(a) To be eligible for assistance, an applicant, in addition to being a resident of the state, as required by AS 47.25.430(a), must be a citizen of the United States or a qualified alien, as described in AS 47.25.430(f). (b) Except as provided in (c) and (d) of this section, an i…

To be eligible for assistance, an applicant must be (1) 65 years of age or older for old age assistance; an otherwise eligible applicant is entitled to assistance if he becomes 65 during the month of application; (2) 18 years of age or older for aid to the blind and aid to the pe…

(a) To be eligible for assistance, an applicant may not be a resident of (1) a public institution, except a long-term care facility or hospital as provided in 7 AAC 40.385 or 7 AAC 40.390; (2) a prison or jail; (3) an Alaska Pioneers' Home, except as provided in 7 AAC 40.385; or …

(a) An applicant for aid to the blind whose income is within SSI income standards must be found by the Social Security Administration to meet the definition of blindness contained in Title XVI of the Social Security Act, as amended (42 U.S.C. 1382 c(a)(2)). (b) An applicant descr…

(a) An applicant whose blindness is determined by the department under 7 AAC 40.140 must be examined by a physician skilled in diseases of the eye or by a registered optometrist who has entered into a provider agreement under 7 AAC 43.065. (b) A determination of eligibility due t…

(a) An otherwise eligible applicant who is found to be blind under 7 AAC 40.150 will receive interim assistance under 7 AAC 40.375 without further review of the initial blindness determination. Interim assistance will end upon the division's receipt of notification of the Social …

(a) An applicant for aid to the permanently and totally disabled whose income is within SSI income standards must be found by the Social Security Administration to meet the definition of disability contained in Title XVI of the Social Security Act, as amended (42 U.S.C. 1382 c(a)…

(a) An applicant whose disability is being determined by the department under 7 AAC 40.170(b) must be examined by a psychiatrist or other physician who has entered into a current provider agreement under 7 AAC 43.065. The results of the examination must be provided on a form appr…

(a) An otherwise eligible applicant who is found to be disabled under 7 AAC 40.180 will receive interim assistance under 7 AAC 40.375 without further review of the initial disability determination. Interim assistance will end upon the division's receipt of notification of the Soc…

(a) Addiction to drugs or alcohol is not, by itself, a disability under this chapter. (b) If an applicant is found to be addicted to drugs or alcohol and to be disabled, a determination must be made whether the addiction is a contributing factor to the disability. (c) If drug or …

An applicant whose blindness or disability can be treated so as to eliminate the condition will be denied assistance under this chapter if, without good cause, he fails to obtain treatment. Notes 7 AAC 40.210 Eff. 5/12/82, Register 82 Authority:AS 47.05.010 State regulations are …

Aid to the blind and aid to the permanently and totally disabled will be converted by the department to old age assistance in the month in which the applicant reaches 65 years of age. Notes 7 AAC 40.220 Eff. 5/12/82, Register 82 Authority:AS 47.05.010 AS 47.25.430 State regulatio…

To be eligible for assistance, an applicant may not have resources which, after permissible exclusions, exceed the amounts specified in 7 AAC 40.270. In addition, an applicant's total monthly income, after permissible exclusions, may not exceed the amounts specified in 7 AAC 40.3…

(a) The income and resources of an applicant's spouse who is living with him are considered income and resources of the applicant. (b) For the purposes of this section "spouse" includes (1) persons who are legally married; and (2) unmarried persons who live together and hold them…

In determining the income and resource eligibility of a sponsored alien, the division will treat the income of the alien's sponsor as specified in 20 C.F.R. 416.1166a and the resources of the alien's sponsor as specified in 20 C.F.R. 416.1204. Notes 7 AAC 40.250 Eff. 5/12/82, Reg…

(a) In this chapter, "resources" means any real or personal property that an applicant, together with his or her spouse under 7 AAC 40.240, owns and can convert to cash to be used for his or her support and maintenance. (b) Any cash or other property received from the sale, excha…

(a) To be eligible for assistance, an applicant, together with his or her spouse under 7 AAC 40.240, must have non-excludable resources which do not exceed (1) $2,000 for an individual; or (2) $3,000 for an individual living with a spouse, whether or not the spouse is otherwise e…

(a) The following resources are excluded in determining the resources of an applicant, together with resources of the applicant's spouse under 7 AAC 40.240: (1) the home of an applicant if used as his principal place of residence, all land contiguous to it, and all outbuildings n…

(a) If the non-excludable resources of an otherwise eligible applicant exceed the resource limits of 7 AAC 40.270, assistance will be provided if the applicant enters into an agreement with the (1) Social Security Administration under 20 C.F.R. 416.1240 - 1244 to dispose of the a…

(a) The division may deny assistance for a maximum of 36 months to an applicant who, within 36 months before applying for assistance, makes a voluntary assignment or transfer of a resource in order to qualify for assistance. If the transfer is made for less than fair market value…

(a) In this chapter (1) "income" means any property, money, or service received by an applicant, together with the applicant's spouse under 7 AAC 40.240, which can be used, directly or indirectly to meet the applicant's need for food, clothing, and shelter; (2) "earned income" me…