reglab/statecodes huggingface dataset:
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 40 - Adult Public Assistance › 7 AAC 40.290 - Disposal of excess resources

Current through May 31, 2024
(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 applicant's
				excess resources and to repay SSI benefits; and
(2) division to repay assistance provided the
				applicant during the duration of the SSI agreement, in the amount of the
				proceeds of the disposal less the amount repaid to SSI or the assistance
				provided the applicant, whichever is smaller.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 40 - Adult Public Assistance › 7 AAC 40.295 - Denial of assistance for voluntary transfer of resources

Current through May 31, 2024
(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, it is presumed that the transfer was made
				intentionally and for the purpose of qualifying for assistance. The individual
				who made the transfer may rebut the presumed intent and purpose of the transfer
				by providing evidence satisfactory to the division that the transfer was made
				unintentionally or for a different purpose. Evidence to support a determination
				that the individual made the transfer unintentionally or for a different
				purpose may include any of the following:
(1)
				documents or testimony establishing that the transfer was made to settle a
				legally enforceable debt approximately equal to the equity value of the
				resource;
(2) documents
				establishing that the transfer was required by a court or an administrative
				agency empowered to require the transfer of property;
(3) documents establishing that the
				individual was a victim of theft, fraud, or coercion; the transfer was made as
				a result of the theft, fraud, or coercion; and the individual has taken
				appropriate steps to recover the resource or the equity value of the
				resource;
(4) evidence that the
				individual did not believe the transfer would affect the eligibility of the
				assistance unit;
(5) evidence that
				the individual believed that the compensation received was approximately equal
				to the equity value of the resource;
(6) evidence that the individual received
				property or services approximately equal to the equity value of the resource in
				exchange for the resource, regardless of whether the property received in
				exchange would be considered an excludable resource under
				7 AAC 40.280;
(7) evidence that, if the transfer had not
				occurred, the transferred resource would not have caused the assistance unit's
				countable resources as determined under
				7 AAC 45.270 -
				7 AAC 40.290 to exceed the resource limit under
				7 AAC 45.270 in the month following the
				transfer;
(8) evidence that the
				individual was not receiving assistance at the time of the transfer and did not
				anticipate applying for assistance within the potential period of
				disqualification under this section.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 40 - Adult Public Assistance › 7 AAC 40.300 - Income

Current through May 31, 2024
(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" means wages or other
				compensation paid by an employer in exchange for service rendered; in the case
				of self-employed persons, "earned income" means gross earnings less the cost of
				doing business;
(3) "unearned
				income" means any income that is not earned, including income from annuities,
				pensions or retirement payments, disability benefits, veteran's compensation
				and pensions, workers compensation payments, social security payments, black
				lung benefits, assistance payments such as SSI, payments under a federally
				approved Temporary Assistance for Needy Families (TANF) grant, Bureau of Indian
				Affairs general assistance, railroad retirement, unemployment compensation,
				insurance payments, support and alimony, gifts and prizes, inheritances, rent,
				dividends, royalties, interest, and any income considered available to the
				individual under
				7 AAC 40.240.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 40 - Adult Public Assistance › 7 AAC 40.310 - Income eligibility standards

Current through May 31, 2024
(a) For an
				applicant to be eligible for assistance, the applicant's total monthly income,
				together with that of the applicant's spouse under
				7 AAC 40.240, after all exclusions set out in
				7 AAC 40.320 have been applied, may not exceed
(1) $1,047 for an eligible individual living
				independently or residing in an assisted living home;
(2) $1,551 for an eligible couple living
				independently or residing in an assisted living home;
(3) $866 for an eligible individual who lives
				in another individual's home and receives in-kind income in the form of both
				food and shelter;
(4) $1,290 for an
				eligible couple who live in another individual's home and who both receive
				in-kind income in the form of both food and shelter;
(5) $1,259 for a couple in which only one
				individual is eligible, living independently or residing in an assisted living
				home;
(6) $993 for a couple in
				which only one individual is eligible when both are living in another
				individual's home and receiving in-kind income in the form of both food and
				shelter.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 40 - Adult Public Assistance › 7 AAC 40.320 - Income exclusions

Current through May 31, 2024
(a) The following income is excluded in
				determining the total monthly income of an applicant, together with the
				applicant's spouse under
				7 AAC 40.240:
(1) cash
				or other property received from the sale, exchange, or other disposition of a
				resource;
(2) the premium payment
				for supplementary medical insurance under Title XVIII of the Social Security
				Act  (42 U.S.C.
				1395 s) if paid by a third party;
(3) the value of any third-party payment for
				medical care or medical services, including payment for room and board
				furnished during medical confinement;
(4) the value of any support and maintenance
				furnished the applicant in kind; the division will not increase or decrease the
				amount of a payment made under this chapter to reflect changes in SSI
				eligibility or payment amounts caused by the receipt of any support or
				maintenance furnished the applicant in kind;
(5) the value of any social services
				furnished the applicant by a governmental or private agency;
(6) income tax refunds;
(7) the amount of any ordinary and necessary
				expense incurred in getting or receiving unearned income, except for income
				tax;
(8) the amount of any ordinary
				and necessary expense of operating and maintaining property which is producing
				rent, except for depreciation and acquisition costs other than
				interest;
(9) $1,500 of the
				proceeds of any life insurance policy or the amount expended by the beneficiary
				of the policy on the insured's last illness and burial, whichever is
				less;
(10) any income which would
				be excluded under
				7 AAC 40.280(a) (11) -
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 40 - Adult Public Assistance › 7 AAC 40.330 - Excluded income of spouses

Current through May 31, 2024
(a) If an applicant
				lives with the applicant's spouse and the income of that spouse is considered
				available to the applicant under
				7 AAC 40.240, the following income of the spouse is
				excluded in determining the total monthly income:
(1) the amount of any financial assistance
				furnished by a state, political subdivision of a state, or the United States on
				the basis of need, and the amount of any income taken into account in
				determining eligibility for and amount of that assistance;
(2) a grant, scholarship, or fellowship to
				the extent used to pay tuition or fees to an educational institution;
(3) payments received for the foster care of
				a child who is ineligible for SSI or assistance under this chapter;
(4) the value of food stamps, federal
				Department of Agriculture donated foods, and home produce and subsistence
				foodstuffs obtained for personal consumption;
(5) income tax refunds and any taxes on real
				property or food refunded by a public agency;
(6) any income used to comply with a court
				order of child support and support payments made under Title IV-D of the Social
				Security Act  (42 U.S.C.
				654);
(7) the value of any support and maintenance
				furnished to a spouse, parent, spouse of a parent, or children who reside with
				the applicant and are ineligible for SSI or assistance under this
				chapter;
(8) payments made under AS
				47.45;
(9) income needed to fulfill
				a plan for achieving self-support that has been approved by the Social Security
				Administration or by the division of vocational rehabilitation;
(10) income otherwise excluded by federal
				statute in accordance with
				7 AAC 40.280 or
				7 AAC 40.320.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 40 - Adult Public Assistance › 7 AAC 40.350 - Computation of income

Current through May 31, 2024
The following computations are made to determine total
				  monthly income:
(1) the monthly income
				available to the applicant is identified by source, type, and amount;
(2) from the amounts identified are
				subtracted any amounts which are excluded under
				7 AAC 40.320 or
				7 AAC 40.330;
(3) the resulting amounts, if any, are added
				and rounded to the nearest dollar. This amount, which cannot be less than zero,
				is the total monthly income.
Authority:
AS
					 47.05.010
AS 47.25.430
AS 47.25.435
AS
					 47.25.460
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 40 - Adult Public Assistance › 7 AAC 40.360 - Prior resources

Current through May 31, 2024
(a) An applicant who is required to apply for
				SSI under 7 AAC 40.060 must comply with the
				Social Security Administration requirements at
				20 C.F.R.
				416.210 by applying for benefits for which he
				or she may be eligible.
(b) An
				applicant who is not required to apply for SSI under
				7 AAC 40.060 must apply for any benefits for which the
				division believes they may be eligible. Such benefits include, but are not
				limited to, veteran's benefits, Social Security and retirement benefits,
				survivor's and disability insurance benefits, worker's compensation,
				unemployment compensation, annuities, awards, and pensions of any
				kind.
(c) Written notice will be
				mailed to an applicant describing any benefits for which he must apply. An
				applicant who, without good cause, fails to apply within 30 days of mailing of
				the written notice is not eligible for assistance under this chapter.
(d) In this section, "apply" means to
				promptly and diligently pursue a claim and to accept the full amount of any
				benefits provided.
Authority:
AS
					 47.05.010
AS 47.25.430
AS 47.25.435
AS
					 47.25.460
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 40 - Adult Public Assistance › 7 AAC 40.370 - Computation of assistance

Current through May 31, 2024
(a) If an applicant
				satisfies all factors of eligibility of this chapter, the applicant is entitled
				to assistance under this chapter, except as provided in
				7 AAC 40.390 and
				7 AAC 40.395.
(b) For individuals and for couples, the
				amount of assistance provided in any month is the difference between the
				appropriate payment standard specified in (c) of this section and the total
				monthly income determined under
				7 AAC 40.350, or $1, whichever is greater.
(c) The monthly payment standards for
				assistance to individuals and to couples are
(1) $796 for an eligible individual living
				independently;
(2) $1180 for an
				eligible couple living independently;
(3) $657 for an eligible individual who lives
				in another individual's home and receives in-kind income in the form of both
				food and shelter;
(4) $978 for an
				eligible couple who live in another individual's home and who both receive
				in-kind income in the form of both food and shelter;
(5) $955 for a couple in which only one
				individual is eligible, living independently; and
(6) $753 for a couple in which only one
				individual is eligible when both are living in another individual's home and
				receiving in-kind income in the form of both food and shelter.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 40 - Adult Public Assistance › 7 AAC 40.375 - Interim assistance; reimbursement

Current through May 31, 2024
(a) An applicant
				who is eligible for interim assistance under
				7 AAC 40.140 or
				7 AAC 40.170 may receive interim assistance while the
				individual's eligibility for SSI is being determined by the Social Security
				Administration. Subject to (c) of this section, an applicant is eligible for
				interim assistance from the month in which an identifiable application, as
				described in
				7 AAC 40.070(a), is received through
				the month in which the individual's eligibility for SSI is
				determined.
(b) Notwithstanding the
				provisions of
				7 AAC 40.370 and except as provided in
				7 AAC 40.390, the amount of interim assistance provided
				in any month is $280 per eligible individual.
(c) As a condition of receiving interim
				assistance, an individual including an individual eligible for interim
				assistance on or before the day before the effective date of this section, must
				agree, in writing
(1) to repay the interim
				assistance for any month beginning on or after the effective date of this
				section for which the individual receives an SSI benefit; and
(2) to instruct the Social Security
				Administration to deliver the individual's initial SSI payment to the
				division.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 40 - Adult Public Assistance › 7 AAC 40.380 - Payments

Current through May 31, 2024
(a) Payment for assistance under this chapter
				to an eligible applicant who meets the eligibility requirements under this
				chapter, including, if applicable, eligibility for SSI benefits, on the date
				that a district office of the division receives the applicant's identifiable
				application as described in
				7 AAC 40.070(a) begins on the date that
				the identifiable application is received by the division.
(b) Unless an applicant is eligible for
				payment under (a) of this section, payment for assistance under this chapter to
				an eligible applicant who is also eligible for SSI begins on the first day of
				the month after the Social Security Administration issues written notification
				to the applicant that SSI benefits are approved.
(c) Unless an applicant is eligible for
				payment under (a) of this section, payment for assistance under this chapter to
				an eligible applicant who is not also eligible for SSI begins on the earliest
				of the following dates:
(1) the first day of
				the month after the Social Security Administration issues written notification
				to the applicant that Social Security benefits provided under
				42 U.S.C.
				401 -
				433 (Title II of the Social
				Security Act) are approved;
(2) the
				first day of the month after the division of vocational rehabilitation of the
				Department of Labor and Workforce Development issues written notification to
				the division that the applicant meets the definition of disability in
				42 U.S.C.
				1382 c(a)(3) (Title XVI of the Social
				Security Act).
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 40 - Adult Public Assistance › 7 AAC 40.383 - Retroactive assistance

Current through May 31, 2024
(a) When an application for assistance under
				this chapter is approved, the division will determine the amount of any
				retroactive assistance payable to the applicant under
				7 AAC 40.380. In calculating retroactive assistance, the
				division will consider as income any SSI or other Social Security benefits and
				any interim assistance under
				7 AAC 40.375 received or expected to be received for a
				retroactive month.
(b) Except for
				interim assistance provided under
				7 AAC 40.375, the division will not provide assistance
				under this chapter before the date determined under
				7 AAC 40.380.
(c) Repealed 6/27/2004.
Authority:
AS
					 47.05.010
AS 47.25.430
AS
					 47.25.455
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 40 - Adult Public Assistance › 7 AAC 40.385 - Payments for temporarily institutionalized individuals

Current through May 31, 2024
(a) An eligible
				recipient who is a patient of a long-term care facility, psychiatric facility,
				or hospital under 7 AAC 105 - 7 AAC 160, or residing in an Alaska Pioneers'
				Home as described in
				7 AAC 74.010, may remain eligible for assistance under
				this chapter for any of the first three full months of medical confinement if
(1) a physician certifies in writing that the
				recipient is expected to be institutionalized for no more than 90 full
				consecutive days;
(2) the
				recipient, or a person acting responsibly on the recipient's behalf, certifies
				in writing that the recipient needs continued benefits to pay for a home or
				living arrangement to which the recipient may return; and,
(3) the written certifications described in
				paragraphs (1) and (2) of this subsection are provided to the division no later
				than the 90th day of residence in a facility or hospital described in (a) of
				this section, or the day of release, whichever occurs earlier; if the 90th day
				falls on a Saturday, Sunday, or state holiday, the deadline for providing the
				statements is close-of-business on the next working day of the division; if the
				certification described in paragraph (1) of this subsection is not received
				within the required 90-day period due to circumstances beyond the control of
				the applicant, it will be accepted so long as the physician prepared the
				certification within the required 90-day period.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 40 - Adult Public Assistance › 7 AAC 40.390 - Nursing home and hospital payments

Current through May 31, 2024
(a) An eligible
				applicant who is eligible for SSI and who is a patient in a nursing home or
				hospital under 7 AAC 105 - 7 AAC 160 may receive a monthly payment for
				incidental personal needs from the Social Security Administration in accordance
				with 20 C.F.R.
				416.414. An additional payment will be made
				under this chapter, if necessary, to provide a total of $75 per calendar month
				for incidental personal needs.
(b)
				An eligible applicant whose income exceeds SSI income standards who is a
				patient in a nursing home or hospital under 7 AAC 105 - 7 AAC 160 may retain
				$75 per calendar month for incidental personal needs, in accordance with
				7 AAC 140.575.
(c) Subsections (a) and (b) in this section
				apply in any month in which the applicant resides in a hospital or nursing home
				continuously for the entire calendar month; provided, however, that an absence
				for not more than 14 consecutive days which does not give rise to discharge and
				readmission does not preclude continuous residency under this
				subsection.
(d) For purposes of
				this section "patient" does not include a recipient who is eligible for
				payments under
				7 AAC 40.385.
Authority:
AS
					 47.05.010
AS 47.25.430
AS
					 47.25.460
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 40 - Adult Public Assistance › 7 AAC 40.395 - Payments to individuals in assisted living homes

Current through May 31, 2024
(a) An eligible
				applicant who is residing in an assisted living home shall receive a monthly
				payment of up to $100 for incidental personal needs, in the following amount:
(1) if the applicant is eligible for SSI
				benefits, $100;
(2) if the
				applicant is not eligible for SSI benefits, the greater of the following:
(A) an amount that is equal to the SSI income
				standard under 20 C.F.R.
				416.401 -
				416.412 that would apply if the
				applicant were eligible for SSI benefits, plus $100, less the applicant's total
				monthly income determined under
				7 AAC 40.350;
(B) $1.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 40 - Adult Public Assistance › 7 AAC 40.400 - To whom payment is made

Current through May 31, 2024
(a) Except as
				provided in this section, payment is made to the applicant. If an applicant and
				the applicant's spouse are both eligible for assistance under this chapter,
				separate payments are provided for each person's needs.
(b) The division may make payment to a third
				party when the Social Security Administration requires a third party to receive
				an applicant's Social Security payment on the applicant's behalf. Unless the
				division determines that good cause exists not to select the same person, the
				division shall select the same third party to serve as payee as the Social
				Security Administration selected. If the payee selected by the Social Security
				Administration cannot be selected to serve as payee for assistance under this
				chapter, the division shall select an alternate payee. Under these
				circumstances, assistance under this chapter will be withheld until an
				alternative payee is selected by the division.
(c) If the Social Security Administration
				does not require a third party to receive an applicant's Social Security
				payment, an applicant may request in writing that payment be made to a third
				party. The division shall review the request and may grant it if the division
				finds that the appointment is in the best interest of the applicant.
(d) A payee, including an alternative payee,
				must agree in writing to receive payment, to apply it without delay to the use
				and benefit of the applicant for the applicant's current maintenance, and to
				provide the division at its request with an accounting of the payments
				made.
(e) If a court authorizes a
				third party to serve as guardian or conservator to conduct the financial
				affairs of an applicant, payment will be made to the third party unless the
				third party or the court directs otherwise.
(f) In this section, "good cause" means that
				the third party resides in another state, refuses to serve as payee for
				assistance under this chapter, or is determined by the division to be unable to
				meet the requirements of this section in order to serve as a payee.
Authority:
AS
					 47.05.010
AS 47.25.430
AS 47.25.460
AS
					 47.25.470
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 40 - Adult Public Assistance › 7 AAC 40.410 - Joint assistance households

Current through May 31, 2024
(a) If an applicant
				appears to be eligible for assistance under both this chapter and AS 47.25.310
				- 47.25.420 or successor program's statutes, the division will inform the
				applicant of each program. The applicant must choose the program in which to
				participate. If an applicant who receives assistance under AS
				47.25.310-47.25.420 or successor program's statutes chooses to receive
				assistance under this chapter, assistance under this chapter begins with the
				month that the applicant receives an SSI or Social Security Disability
				Insurance payment or the month that the division determines the applicant to be
				otherwise eligible for assistance under this chapter, whichever occurs
				earlier.
(b) Notwithstanding any
				other provision of this chapter, an applicant need not apply for SSI if doing
				so would result in termination of eligibility for assistance under AS 47.25.310
				- 47.25.420 within the family unit.
Authority:
AS
					 47.05.010
AS 47.25.430
AS
					 47.25.460
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 40 - Adult Public Assistance › 7 AAC 40.420 - Vocational rehabilitation referral

Current through May 31, 2024
(a) A blind or
				disabled applicant for SSI referred by the Social Security Administration to
				the division of vocational rehabilitation of the Department of Labor and
				Workforce Development under 20 C.F.R. 416.212 is not eligible
				for assistance under this chapter if he or she refuses without good cause to
				accept vocational rehabilitation services offered to him or her.
(b) An applicant for aid to the blind or aid
				to the permanently and totally disabled who is not eligible for SSI will be
				referred by the division to the division of vocational rehabilitation upon the
				initial determination of eligibility. The applicant is not eligible for
				assistance under this chapter if he refuses without good cause to accept
				vocational rehabilitation services offered to him.
(c) In this section, "good cause" means that
(1) the applicant is receiving other
				rehabilitation services which can be expected to restore his ability to engage
				in substantial gainful activity;
(2) the applicant regularly attends a school,
				college, university, or course of vocational or technical training designed to
				prepare him for gainful employment;
(3) the services offered conflict with
				prescribed medical treatment;
(4)
				the applicant is physically or mentally incapable of accepting the services
				offered;
(5) the training or
				services offered are not designed to prepare him for gainful
				employment;
(6) the applicant is
				unable to obtain necessary transportation; or
(7) the applicant's refusal to accept
				vocational rehabilitation services is due solely to his adherence to the
				teachings of a church or religious sect.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 40 - Adult Public Assistance › 7 AAC 40.430 - Period of eligibility

Current through May 31, 2024
An applicant who is determined to be eligible for assistance
				  under this chapter remains eligible until the division determines that
				  eligibility no longer exists or until the recipient notifies the division that
				  he no longer desires assistance.
Authority:
AS
					 47.05.010
AS 47.25.430
AS
					 47.25.460
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 40 - Adult Public Assistance › 7 AAC 40.440 - Report of change

Current through May 31, 2024
(a) From the date of application until an
				applicant is determined to be ineligible for assistance, the applicant or the
				person acting on his behalf under
				7 AAC 40.040 must report any change in circumstances
				which may affect his eligibility or assistance payment within 10 days of the
				change. The report may be made in person, by telephone, or by mail to the
				nearest office of the division.
(b)
				Changes which must be reported under (a) of this section include any
(1) change in mailing or residence
				address;
(2) movement of a related
				person into or out of the household;
(3) change in amount of source of income in
				the household;
(4) change in
				resources of the household;
(5)
				change in rent, mortgage payment, taxes, or insurance;
(6) change in eligibility of a household
				member for other benefits;
(7)
				death of a household member;
(8)
				change in marital status of a household member;
(9) change in school attendance of a
				household member;
(10) improvement
				in the condition of a blind or disabled person;
(11) refusal to accept vocational
				rehabilitation services;
(12)
				departure from the state, the United States, or both;
(13) refusal to accept or to continue
				treatment for drug addiction or alcoholism; and
(14) admission to or discharge from a public
				institution, hospital, or nursing home.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 40 - Adult Public Assistance › 7 AAC 40.450 - Redeterminations

Current through May 31, 2024
(a) Upon receipt of information from any
				source that indicates that a change in circumstances affecting an applicant's
				eligibility or amount of assistance may have occurred, the division shall
				investigate and, if necessary, adjust the amount of assistance or suspend or
				terminate assistance in accordance with
				7 AAC 49.060.
(b) At least annually, or more frequently as
				circumstances warrant, the division will redetermine each recipient's
				eligibility. The division may require a recipient or the person acting on the
				recipient's behalf under
				7 AAC 40.040 to complete a review application and
				furnish documentation to support it.
(c) For non-SSI recipients, the division
				shall require each recipient or person acting on the recipient's behalf to
				complete a review application and furnish documentation to support it at least
				annually.
Authority:
AS
					 47.05.010
AS 47.25.460
AS
					 47.25.500
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 40 - Adult Public Assistance › 7 AAC 40.460 - Suspension and termination

Current through May 31, 2024
(a) If the division
				determines that an applicant who has been receiving assistance is ineligible
				for assistance and the cause of ineligibility appears to be temporary, it will
				suspend assistance for a period not to exceed three months. If, during the
				period of suspension, an applicant demonstrates that he is eligible, the
				division will reinstate benefits without submission of a new
				application.
(b) If the division
				determines that an applicant who has been receiving assistance is ineligible
				for assistance and that the cause of ineligibility appears to be of uncertain
				or indefinite duration, it will terminate assistance. The applicant must
				complete a new application and provide documentation that he meets all factors
				of eligibility to again receive assistance.
(c) Suspensions, reductions, and terminations
				of assistance are subject to
				7 AAC 49.020 -
				7 AAC 49.900.
Authority:
AS
					 47.05.010
AS
					 47.25.460
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 40 - Adult Public Assistance › 7 AAC 40.470 - Social Security and SSI overpayments

Current through May 31, 2024
If the Social Security Administration withholds part of an
				  applicant's monthly Social Security or SSI benefits in order to recover an
				  overpayment or to penalize a recipient for failing to report a change,
				  assistance provided under this chapter will not be increased to compensate for
				  the reduction in income.
Authority:
AS
					 47.05.010
AS
					 47.25.500
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 40 - Adult Public Assistance › 7 AAC 40.480 - Repayment of overpayments

Current through May 31, 2024
(a) The division
				may pursue repayment under this section from a current or former recipient of
				assistance under this chapter who received an overpayment.
(b) For purposes of this section, an
				applicant who received interim assistance under
				7 AAC 40.375 but was denied SSI eligibility by the
				Social Security Administration solely on the basis that the applicant was not
				disabled or blind or that the applicant's income exceeds SSI income standards
				is not considered to have received assistance to which the applicant was not
				entitled.
(c) If an overpayment
				occurred solely as the result of an administrative error or oversight by the
				division, the division may request repayment.
(d) If an overpayment occurred because the
				recipient, or representative acting on the recipient's behalf, failed to comply
				with the requirements of
				AS
				47.25.430-47.25.615 and this chapter, the
				division may require repayment.
(e)
				To request or require repayment under (c) or (d) of this section, the division
				shall send an overpayment notice to the current or former recipient responsible
				for repaying the overpayment. However, if the recipient has a representative
				acting on the recipient's behalf, the division shall send the notice to the
				representative. The overpayment notice must
(1) identify the overpayment
				amount;
(2) give the reason for the
				overpayment; and
(3) specify
				whether repayment is being requested or required; if repayment is required, the
				division shall specify what further actions will be taken by the division if
				repayment is not made.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 40 - Adult Public Assistance › 7 AAC 40.490 - Correction of underpayments

Current through May 31, 2024
(a) If the Social
				Security Administration issues special benefits in order to correct a previous
				underpayment, the amount of benefits does not constitute income for the
				purposes of this chapter.
(b) If
				the division finds it has underpaid an applicant in an amount of $25 or more
				during the previous months, it will issue a corrective payment. A corrective
				payment will not be made if the underpayment resulted from the applicant's
				failure, without good cause, to report, or to accurately report, a change in
				circumstances under
				7 AAC 40.450.
Authority:
AS
					 47.05.010
AS 47.25.430
AS
					 47.25.460
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 40 - Adult Public Assistance › 7 AAC 40.900 - Definitions

Current through May 31, 2024
In this chapter,
(1)
				"applicant" means a person who applies for or who receives assistance under
				this chapter;
(2) "central office"
				means the central administrative office of the division of public
				assistance;
(3) "department" means
				the Department of Health and Social Services;
(4) "division" means the division of public
				assistance of the Department of Health and Social Services;
(5) "motor vehicle" means a self-propelled
				vehicle for surface transportation;
(6) "regional office" means an office
				responsible for the supervision of district offices within a particular
				geographic region of the state;
(7)
				"SSI" means Supplemental Security Income provided by the Social Security
				Administration of the federal Department of Health and Human
				Services;
(8) "long-term care
				facility" means an establishment which is licensed and certified by the
				division of medical assistance as either a skilled nursing facility or an
				intermediate care facility, or both;
(9) "Social Security Disability Insurance
				benefits" means disability insurance payments provided by the Social Security
				Administration of the federal Department of Health and Human Services under
				42 U.S.C.
				401 -
				433;
(10) "assisted living home" has the meaning
				given in AS 47.33.990.
Authority:
AS
					 47.05.010
AS 47.25.430
AS 47.25.440
AS 47.25.450
AS 47.25.460
AS 47.25.520
AS
					 47.25.590
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 41 - Child Care Assistance Program › Article 1 - Administrative Provisions › 7 AAC 41.010 - Applicability

Current through May 31, 2024
(a) This chapter applies to the
				  administration of the child care assistance program under
				  AS
				  47.25.001-47.25.095 by the department, or by
				  a designee described in
				  7 AAC 41.015. This chapter does not apply to
(1) child care grant money administered under
				  7 AAC 39; or
(2) child care
				  assistance paid under AS 47.27 and 7 AAC 45 as described in
				  7 AAC 41.012(1), except to the extent
				  that provisions of this chapter are made applicable under 7 AAC 45.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 41 - Child Care Assistance Program › Article 1 - Administrative Provisions › 7 AAC 41.012 - Parents achieving self-sufficiency (PASS)

Current through May 31, 2024
The department has designated its child care assistance
					 program as the Parents Achieving Self-Sufficiency (PASS) program, and has
					 created three categories of assistance:
(1) PASS I provides child care assistance as
				  a self-sufficiency service under AS 47.27, 7 AAC 45, and this chapter to low
				  income eligible families applying for or receiving Alaska Temporary Assistance
				  Program (ATAP) benefits;
(2) PASS
				  II provides child care assistance under AS 47.25 and this chapter to low to
				  moderate income eligible families for the first year after ATAP benefits cease,
				  for purposes of transitioning from ATAP;
(3) PASS III provides child care assistance
				  under AS 47.25 and this chapter to low to moderate income eligible families,
				  regardless of whether the family has received assistance under PASS I or PASS
				  II.
Authority:
AS
						47.25.001
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 41 - Child Care Assistance Program › Article 1 - Administrative Provisions › 7 AAC 41.013 - Family

Current through May 31, 2024
For purposes of this chapter, a family is
(1) one parent, and that parent's children
				  under 18 years of age, living together in a household;
(2) two parents who are married to each
				  other, and the children under 18 years of age of either parent or both parents,
				  living together in a household; or
(3) two biological or legally adoptive
				  parents of a child who are not married to each other, their children in common,
				  and any other children under 18 years of age of either of those parents, living
				  together in a household.
Authority:
AS
						47.25.001
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 41 - Child Care Assistance Program › Article 1 - Administrative Provisions › 7 AAC 41.015 - Responsibilities of designees

Current through May 31, 2024
(a) The department
				  may designate an entity or a municipal government to administer child care
				  assistance program services within a specified geographic area for families and
				  child care providers under this chapter. A municipality will be given
				  preference over other organizations, as required by
				  AS
				  47.25.001(b)(2).
(b) If the department designates an entity or
				  municipal government to perform certain functions on the department's behalf,
				  those functions may include one or more of the following for providers and for
				  families:
(1) provide program information;
(2) obtain completed applications
				  or renewals;
(3) verify and
				  evaluate information supplied by providers and families for participation in
				  the child care assistance program and payment of benefits related to that
				  participation; standing;
(4)
				  verify that the provider's current child care license or approval is in good
(5) request additional information
				  if necessary to evaluate eligibility;
(6) approve or deny participation in the
				  program;
(7) determine the amount
				  of child care to authorize, including determination of the family contribution
				  toward the eligible cost of care, and authorize care;
(8) evaluate and discuss with a parent the
				  parent's schedule of eligible activities and child care needs;
(9) submit applications, evaluations,
				  decisions, or recommendations, and related reports, to the department upon
				  request;
(10) provide ongoing
				  review for compliance with the applicable provisions of this chapter and refer
				  suspected noncompliance to the department;
(11) determine whether a provider or family
				  becomes ineligible for participation in the program, and, if so, discontinue
				  authorization and payment and issue notice in accordance with
				  7 AAC 41.405;
(12) except as provided in (e) of this
				  section, receive and process complaints;
(13) ensure all actions for family and
				  provider participation is maintained in a state-provided data system, as
				  applicable.
(14) provide
				  information a resources to families and providers regarding developmental
				  screening for children;
(15)
				  provide information to families and providers regarding program participation
				  and resources for families experiencing homelessness; and
(16) provide a child care provider consumer
				  statement to families including information on how to find a child care
				  provider, review a provider's compliance, access information regarding a
				  provider's participation in a voluntary quality recognition and improvement
				  system, file a complaint against a child care provider, and find the program's
				  established reimbursement rate.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 41 - Child Care Assistance Program › Article 1 - Administrative Provisions › 7 AAC 41.025 - Program rates

Current through May 31, 2024
(a) For purposes of calculating a family's
				  program benefits under
				  7 AAC 41.345, the program rate for each category of care
				  authorized for a child is established in the department's
Child Care
				  Assistance Program Rate Schedule,
revised as of December 1, 2021, and
				  adopted by reference. The rates in the schedule are set out by type of facility
				  licensed under 7 AAC 57 or approved under this chapter, category of care, and
				  geographic area.
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(b) The category of care includes the age
				  group of the child and each unit of care authorized, as follows:
(1) age groups include
(A) infant: birth through 12 months of
				  age;
(B) toddler: 13 months of age
				  through 35 months of age;
(C)
				  preschool-age child: 36 months of age through 59 months of age; and
(D) school-age child: five years of age
				  through 13 years of age;
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 41 - Child Care Assistance Program › Article 1 - Administrative Provisions › 7 AAC 41.030 - Enhanced program rate for qualified providers

Current through May 31, 2024
(a) To promote
				  access by families participating in the child care assistance program to the
				  highest quality of child care, and subject to the availability of
				  appropriations, the department will increase the program rate paid to a
				  facility described in
				  7 AAC 41.200(a) (1) - (3), if the
				  department determines the facility is qualified under this section. Unless
				  available appropriations require a smaller increase, the department will
				  increase the program rate by 10 percent above the program rate established in
				  the schedule under
				  7 AAC 41.025 if the facility's current rate charged for
				  child care is equal to or exceeds the enhanced rate.
(b) A facility may apply to be eligible for
				  the enhanced program rate under this section using a form prescribed by the
				  department. For a facility to be eligible under this section,
(1) the facility must
(A) be currently accredited by the National
				  Association for the Education of Young Children, the National Association of
				  Family Child Care, or the National Afterschool Alliance; or
(B) provide documentation showing that at
				  least 40 percent of the staff who work with children in the facility have been
				  employed in the facility for at least one year; those staff members must also
(i) meet or exceed level one requirements of
				  the System for Early Education Development (SEED) program administered through
				  the University of Alaska; and
(ii)
				  complete at least five hours of training each year over and above the annual
				  licensing training requirements for each individual;
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 41 - Child Care Assistance Program › Article 1 - Administrative Provisions › 7 AAC 41.035 - Enrollment authorization

Current through May 31, 2024
(a) For a child
				  whose authorized unit of care is for part or full month enrollment, child care
				  costs are paid based on the program payment rate established in the
				  department's
Child Care Assistance Program Rate Schedule,
adopted by reference in
				  7 AAC 41.025, except that the department or a designee
				  may pay at the part month rate under that schedule if during the month
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(1) the child is
				  in attendance five or fewer days;
(2) the child is in attendance five or fewer
				  days, care is ending, and the notice required under
				  7 AAC 41.345(d) and (e) is mutually
				  waived;
(3) the child is in
				  attendance at least six days and fewer than 17 days and care is ending with the
				  current provider; or
(4) the family
				  or provider becomes ineligible for program participation.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 41 - Child Care Assistance Program › Article 1 - Administrative Provisions › 7 AAC 41.040 - Attendance authorization

Current through May 31, 2024
(a)  For a child
				  whose authorized unit of care is part day or full day attendance, child care
				  costs are paid based on the program payment rate established in the
				  department's
Child Care Assistance Program Rate Schedule,
adopted by reference in
				  7 AAC 41.025, and the child's actual attendance at the
				  facility.
(b) The department will
				  pay an attendance authorization up to the equivalent of the full month rate
				  when a child's actual attendance at the facility is 17 or more days during a
				  month.
(c) An attendance
				  authorization may be used to authorize part or full days of care in addition to
				  an enrollment authorization as specified in die authorization issued under
				  7 AAC 41.340, not to exceed the equivalent of a full
				  month enrollment plus a part month enrollment.
Authority:
AS
						47.25.001