reglab/housing_qa huggingface dataset:
AK Stat § 47.05.070 (2021)
2021 Alaska Statutes|Title 47. Welfare, Social Services, and Institutions|Chapter 05. Administration of Welfare, Social Services, and Institutions|Article 1. General Administrative Provisions.|Sec. 47.05.070. Third party liability subrogation.

(a) The department may not pay medical claims that are payable by a third party payor. Medical providers shall attempt collection from the third party payor before billing Medicaid. Before payment by Medicaid, evidence of third-party denial or partial payment shall be presented with the claim. (b) When the department provides or pays for medical assistance for injury or illness under this title, the department is subrogated to not more than the part of an insurance payment or other recovery by the recipient that is for medical expenses provided by the department. Notwithstanding the assertion of any action or claim by the recipient of medical assistance, the department may bring an action in the superior court against an alleged third-party payor to recover an amount subrogated to the department for medical assistance provided on behalf of a recipient. (c) If a recipient of medical assistance under this title settles a claim or obtains an award or judgment arising from the injury or illness for which the medical assistance was received, the amount of the claim to which the department is entitled under (b) of this section shall be reduced by a pro rata share of the attorney fees and litigation costs. Regardless of the manner in which the amount of the attorney fees is derived in the particular case, the pro rata reduction of the subrogated claim for reimbursement of attorney fees shall be calculated in accordance with the applicable rules of court governing the award of attorney fees in civil matters. (d) The department is authorized to enter into contracts for the collection of medical expenses already paid by Medicaid from potential third-party payors. The department may pay, from the funds recovered by the contractor, any amounts owing to the federal government as its share of the Medicaid paid claim, and the costs of collecting the funds. (e) [Repealed, § 9 ch 96 SLA 2006.]  (f) The department may adopt regulations to interpret and implement this section.
AK Stat § 47.05.071 (2021)
2021 Alaska Statutes|Title 47. Welfare, Social Services, and Institutions|Chapter 05. Administration of Welfare, Social Services, and Institutions|Article 1. General Administrative Provisions.|Sec. 47.05.071. Duty of a medical assistance recipient.

(a) A medical assistance recipient shall cooperate with and assist the department in identifying and providing information concerning third parties who may be liable to pay for care and services received by the recipient under the medical assistance program. (b) As a condition of medical assistance eligibility, a person who applies for medical assistance shall, at the time of application, (1) assign to the department the applicant's rights of payment for care and services from any third party to the extent the department has paid medical assistance for care and services; (2) cooperate with and assist the department in identifying and providing information concerning third parties who may be liable to pay for care and services received by the recipient under the medical assistance program; and (3) agree to make application for all other available third-party resources that may be used to provide or pay for the cost of care or services received by the medical assistance recipient or that may be used to finance reimbursement to the state for the cost of care or services received by the medical assistance recipient; a medical assistance recipient is under no duty to file a civil or other action for the purpose of reimbursing the state for the cost of care or services.
AK Stat § 47.05.072 (2021)
2021 Alaska Statutes|Title 47. Welfare, Social Services, and Institutions|Chapter 05. Administration of Welfare, Social Services, and Institutions|Article 1. General Administrative Provisions.|Sec. 47.05.072. Duty of attorney for medical assistance recipient.

(a) An attorney representing a medical assistance recipient shall notify the attorney general's office. (b) The notice to the attorney general's office required under (a) of this section includes submission of the following: (1) identification of the medical assistance recipient's name, last known address, and telephone number, and the date of the injury or illness giving rise to the action or claim; (2) copies of the pleadings and other papers related to the action or claim; (3) the identification of each potentially liable third party, including that party's name, last known address, and telephone number; (4) the identification of any insurance policy potentially responsive to the action or claim; and (5) a description of the facts and circumstances supporting the action or claim. (c) An attorney who represents a medical assistance recipient shall give the attorney general's office notice within 30 days of any judgment, award, or settlement in an action or claim by the medical assistance recipient to recover damages for an injury or illness that has resulted in the department's providing or paying for medical assistance. (d) If a medical assistance recipient is handling the action or claim on a pro se basis, the provisions of this section apply as if the medical assistance recipient were an attorney representing the medical assistance recipient.
AK Stat § 47.05.073 (2021)
2021 Alaska Statutes|Title 47. Welfare, Social Services, and Institutions|Chapter 05. Administration of Welfare, Social Services, and Institutions|Article 1. General Administrative Provisions.|Sec. 47.05.073. Judgment, award, or settlement of a medical assistance lien.

(a) A medical assistance recipient may not maintain any rights to payment for medical costs as a result of a judgment, award, or settlement of an action or claim for which another person may be legally obligated to pay without first making repayment to the department for costs of past medical assistance services provided to or paid for on behalf of the medical assistance recipient that relate to that action or claim. (b) A medical assistance recipient may not place any payment as a result of a judgment, award, or settlement of an action or claim for which another person was legally obligated to pay because of injury or illness into any trust for the purpose of maintaining public assistance or medical assistance eligibility without first making repayment to the department for costs of past medical assistance services provided to the medical assistance recipient related to that action or claim. (c) The attorney general may only discharge a medical assistance lien under AS 47.05.075 if the discharge complies with federal law. (d) Notwithstanding (a) - (c) of this section, a third-party payor shall have no further liability if it settles or compromises a dispute in good faith and without knowledge that the individual is a recipient of medical assistance.
AK Stat § 47.05.074 (2021)
2021 Alaska Statutes|Title 47. Welfare, Social Services, and Institutions|Chapter 05. Administration of Welfare, Social Services, and Institutions|Article 1. General Administrative Provisions.|Sec. 47.05.074. Conflict with federal requirements.

If any provision of this chapter related to subrogation, assignment, or lien conflicts with federal law concerning the Medicaid program or receipt of federal money to finance the medical assistance program, the provision does not apply to the extent of the conflict.
AK Stat § 47.05.075 (2021)
2021 Alaska Statutes|Title 47. Welfare, Social Services, and Institutions|Chapter 05. Administration of Welfare, Social Services, and Institutions|Article 1. General Administrative Provisions.|Sec. 47.05.075. Medical assistance lien.

(a) The department has a lien upon any sum that may be due to the recipient of medical assistance from a third-party payor. The lien is in the amount of the medical assistance paid for medical services under this title, together with reasonable attorney fees and litigation costs incurred in the enforcement of the lien. (b) A lien against a sum due from a third-party payor for medical services provided to a recipient of medical assistance under this title attaches and is effective upon filing with a recorder's office in any recording district in the state. However, a lien filed under this subsection is not perfected and has no effect unless notice of filing of the lien is served by the department upon the third-party payor, personally or by registered, certified, or insured mail, return receipt requested. (c) If a recipient of medical assistance under this title settles a claim or obtains an award or judgment arising from the injury or illness for which the medical assistance was received, the amount of the lien to which the department is entitled under (a) of this section shall be reduced by a pro rata share of the attorney fees and litigation costs. Regardless of the manner in which the amount of the attorney fees is derived in the particular case, the pro rata reduction of the lien shall be calculated in accordance with the applicable rules of court governing the award of attorney fees in civil matters. (d) A perfected lien under this section has priority over all other liens except tax liens and a lien perfected for attorney fees and costs.
AK Stat § 47.05.080 (2021)
2021 Alaska Statutes|Title 47. Welfare, Social Services, and Institutions|Chapter 05. Administration of Welfare, Social Services, and Institutions|Article 1. General Administrative Provisions.|Sec. 47.05.080. Recovery of overpayments.

(a) Except for overpayments recovered under AS 47.07 that cover the value of services paid from federal sources, benefit overpayments collected by the department in administering public assistance programs under AS 47.05.010 shall be remitted to the Department of Revenue under AS 37.10.050(a). (b) The permanent fund dividend of a former recipient of a public assistance program listed under (a) of this section may be taken under AS 43.23.140(b)(6) and 43.23.170 to satisfy the balance due on a defaulted overpayment claim.
AK Stat § 47.05.085 (2021)
2021 Alaska Statutes|Title 47. Welfare, Social Services, and Institutions|Chapter 05. Administration of Welfare, Social Services, and Institutions|Article 1. General Administrative Provisions.|Sec. 47.05.085. Subpoena power.

(a) The commissioner or the commissioner's designee at the director level may issue subpoenas to compel the production of books, papers, correspondence, memoranda, and other records considered necessary as evidence in connection with an investigation under or the administration of AS 47.07 (medical assistance), AS 47.08 (assistance for catastrophic illnesses and acute or chronic medical conditions), AS 47.25 (day care assistance, child care grants, general relief, adult public assistance, and food stamps), and AS 47.27 (Alaska temporary assistance program). (b) In case of refusal to obey a subpoena issued to any person under (a) of this section, the superior court may, upon application by the department, issue an order requiring the person to appear before the department to produce evidence if ordered. Failure to obey the order of the court is punishable as contempt. (c) A person who, without just cause, fails or refuses to produce books, papers, correspondence, memoranda, and other records, if it is in the person's power to do so, in obedience to a subpoena of the department or an authorized representative of it, upon conviction, is punishable by a fine of not more than $200, or by imprisonment for not more than 60 days, or by both. Each day the failure or refusal continues is a separate offense.
AK Stat § 47.05.090 (2021)
2021 Alaska Statutes|Title 47. Welfare, Social Services, and Institutions|Chapter 05. Administration of Welfare, Social Services, and Institutions|Article 1. General Administrative Provisions.|Sec. 47.05.090. Authorization of the Interstate Compact on Adoption and Medical Assistance.

(a) The Department of Health and Social Services may, on behalf of the state, enter into the Interstate Compact on Adoption and Medical Assistance and supplementary agreements with agencies of other states for the provision of adoption and medical assistance under AS 47.07 and other provisions of this title for eligible children with special needs. (b) In this section, “state” includes a state, territory, possession, or commonwealth of the United States.
AK Stat § 47.05.100 (2021)
2021 Alaska Statutes|Title 47. Welfare, Social Services, and Institutions|Chapter 05. Administration of Welfare, Social Services, and Institutions|Article 1. General Administrative Provisions.|Sec. 47.05.100. Monthly reports concerning children.

By the 15th day of each month, the Department of Health and Social Services shall provide a report summarizing child protection activities carried out during the previous calendar month and the status of children committed to the department's custody, including information on the number and type of reports of child abuse and neglect received, the outcome of investigations completed, the number of placements of children committed to the department's custody, and the number of foster homes licensed. The report shall be made accessible to the public through the Internet.
AK Stat § 47.05.105 (2021)
2021 Alaska Statutes|Title 47. Welfare, Social Services, and Institutions|Chapter 05. Administration of Welfare, Social Services, and Institutions|Article 1. General Administrative Provisions.|Sec. 47.05.105. Enhanced computerized eligibility verification system.

(a) The department shall establish an enhanced computerized income, asset, and identity eligibility verification system for the purposes of verifying eligibility, eliminating duplication of public assistance payments, and deterring waste and fraud in public assistance programs administered by the department under AS 47.05.010. Nothing in this section prohibits the department from verifying eligibility for public assistance through additional procedures or authorizes the department or a third-party vendor to use data to verify eligibility for a federal program if the use of that data is prohibited by federal law. (b) The department shall enter into a competitively bid contract with a third- party vendor for the purpose of developing a system under this section to prevent fraud, misrepresentation, and inadequate documentation when determining an applicant's eligibility for public assistance before the payment of benefits and for periodically verifying eligibility between eligibility redeterminations and during eligibility redeterminations and reviews. The department may also contract with a third-party vendor to provide information to facilitate reviews of recipient eligibility and income verification. (c) The annual savings to the state resulting from the use of the system under this section must exceed the cost of implementing the system. A contract under this section must require the third-party vendor to report annual savings to the state realized from implementing the system. Payment to the third-party vendor may be based on a fee for each applicant and may include incentives for achieving a rate of success established by the department for identifying duplication, waste, and fraud in public assistance programs. (d) To avoid a conflict of interest, the department may not award a contract to provide services for the enrollment of public assistance providers or applicants under this title to a vendor that is awarded a contract under this section.
AK Stat § 47.05.210 (2021)
2021 Alaska Statutes|Title 47. Welfare, Social Services, and Institutions|Chapter 05. Administration of Welfare, Social Services, and Institutions|Article 2. Oversight of Medical Care Programs.|Sec. 47.05.210. Medical assistance fraud.

(a) A person commits the crime of medical assistance fraud if the person (1) knowingly submits or authorizes the submission of a claim to a medical assistance agency for property, services, or a benefit with reckless disregard that the claimant is not entitled to the property, services, or benefit; (2) knowingly prepares or assists another person to prepare a claim for submission to a medical assistance agency for property, services, or a benefit with reckless disregard that the claimant is not entitled to the property, services, or benefit; (3) except as otherwise authorized under the medical assistance program, confers, offers to confer, solicits, agrees to accept, or accepts property, services, or a benefit (A) to refer a medical assistance recipient to a health care provider; or (B) for providing health care to a medical assistance recipient if the property, services, or benefit is in addition to payment by a medical assistance agency; (4) does not produce medical assistance records to a person authorized to request the records; (5) knowingly makes a false entry in or falsely alters a medical assistance record; (6) knowingly destroys, mutilates, suppresses, conceals, removes, or otherwise impairs the verity, legibility, or availability of a medical assistance record knowing that the person lacks the authority to do so; or (7) violates a provision of AS 47.07 or AS 47.08 or a regulation adopted under AS 47.07 or AS 47.08. (b) Medical assistance fraud under (a)(1), (2), or (3) of this section is (1) a class B felony if the portion of the claim or claims submitted in violation of (a)(1) or (2) of this section, or the value of the property, services, or benefit that is in violation of (a)(3) of this section, is $25,000 or more; (2) a class C felony if the portion of the claim or claims submitted in violation of (a)(1) or (2) of this section, or the value of the property, services, or benefit that is in violation of (a)(3) of this section, is $500 or more but less than $25,000; (3) a class A misdemeanor if the portion of the claim or claims submitted in violation of (a)(1) or (2) of this section, or the value of the property, services, or benefit that is in violation of (a)(3) of this section, is less than $500. (c) Medical assistance fraud under (a)(4), (5), or (6) of this section is a class A misdemeanor. (d) Medical assistance fraud under (a)(7) of this section is a class B misdemeanor.
AK Stat § 47.05.220 (2021)
2021 Alaska Statutes|Title 47. Welfare, Social Services, and Institutions|Chapter 05. Administration of Welfare, Social Services, and Institutions|Article 2. Oversight of Medical Care Programs.|Sec. 47.05.220. Notice of charges.

Upon the filing of a complaint, information, presentment, or indictment charging a medical assistance provider with a crime under AS 47.05.210, the attorney general shall, in writing, notify the commissioner of the filing. Upon receiving notice from the attorney general under this section, the commissioner shall immediately undertake a review of all unpaid claims or requests for reimbursements attributable to services claimed to have been provided by the person charged.
AK Stat § 47.05.230 (2021)
2021 Alaska Statutes|Title 47. Welfare, Social Services, and Institutions|Chapter 05. Administration of Welfare, Social Services, and Institutions|Article 2. Oversight of Medical Care Programs.|Sec. 47.05.230. Determination of value; aggregation of amounts.

In AS 47.05.210, whenever it is necessary to determine the value of property, that value shall be determined in accordance with AS 11.46.980. In determining the degree or classification of a crime described under AS 47.05.210, amounts involved in criminal acts committed under one course of conduct, whether from the same person or several persons, shall be aggregated.
AK Stat § 47.05.235 (2021)
2021 Alaska Statutes|Title 47. Welfare, Social Services, and Institutions|Chapter 05. Administration of Welfare, Social Services, and Institutions|Article 2. Oversight of Medical Care Programs.|Sec. 47.05.235. Duty to identify and repay self-identified overpayments.

(a) Unless a provider is being audited under AS 47.05.200(a), an enrolled medical assistance provider shall conduct a biennial review or audit of a statistically valid sample of claims submitted to the department for reimbursement. If overpayments are identified, the medical assistance provider shall report the overpayment to the department not later than 10 business days after identification of the overpayment. The report must also identify how the medical assistance provider intends to repay the department. After the department receives the report, the medical assistance provider and the department shall enter into an agreement establishing a schedule for repayment of the identified overpayment. The agreement may authorize repayment in a lump sum, in a payment plan, or by offsetting future billings, as approved by the department. (b) The department may not assess interest or penalties on an overpayment identified and repaid by a medical assistance provider under this section.
AK Stat § 47.05.240 (2021)
2021 Alaska Statutes|Title 47. Welfare, Social Services, and Institutions|Chapter 05. Administration of Welfare, Social Services, and Institutions|Article 2. Oversight of Medical Care Programs.|Sec. 47.05.240. Exclusion from medical assistance programs.

(a) The commissioner may exclude an applicant to or disenroll a medical assistance provider in the medical assistance program in AS 47.07 or AS 47.08, or both, for a period of up to 10 years after unconditional discharge on a conviction (1) for medical assistance fraud under AS 47.05.210 or misconduct involving a controlled substance under AS 11.71; or (2) in a court of the United States or a court of another state or territory, for a crime with elements similar to the crimes included under (1) of this subsection. (b) After a period of exclusion under (a) of this section, an applicant may not participate in a medical assistance program under AS 47.07 or AS 47.08 until the applicant establishes to the commissioner by clear and convincing evidence that the applicant possesses all required licenses and certificates and is qualified to participate.
AK Stat § 47.05.250 (2021)
2021 Alaska Statutes|Title 47. Welfare, Social Services, and Institutions|Chapter 05. Administration of Welfare, Social Services, and Institutions|Article 2. Oversight of Medical Care Programs.|Sec. 47.05.250. Civil penalties.

(a) The department may assess a civil penalty against a provider who violates this chapter, AS 47.07, or regulations adopted under this chapter or AS 47.07. (b) The department shall adopt regulations establishing a range of civil penalties that the department may assess against a provider under this section. In establishing the range of civil penalties, the department shall take into account appropriate factors, including the seriousness of the violation, the service provided by the provider, and the severity of the penalty. The regulations may not provide for a civil penalty of less than $100 or more than $25,000 for each violation. (c) The provisions of this section are in addition to any other remedies available under this chapter, AS 47.07, or regulations adopted under this chapter or AS 47.07. (d) A provider against whom a civil penalty of less than $2,500 is assessed may appeal the decision assessing the penalty to the commissioner or the commissioner's designee. The commissioner shall, by regulation, establish time limits and procedures for an appeal under this subsection. The decision of the commissioner or the commissioner's designee may be appealed to the office of administrative hearings established under AS 44.64. (e) A provider against whom a civil penalty of $2,500 or more is assessed may appeal the decision assessing the penalty to the office of administrative hearings established under AS 44.64.