reglab/statecodes huggingface dataset:
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 38 - Permanent Fund Dividend Distribution › 7 AAC 38.030 - Eligibility for general relief assistance

Current through May 31, 2024
(a) A person who is
				denied medical assistance under
				7 AAC 43.010 -
				7 AAC 43.985 is eligible to receive general relief
				medical assistance if the person is denied medical assistance under
				7 AAC 43.010 - AAC 43.985 solely because a permanent
				fund dividend received by the person or a member of his household is counted as
				income or a resource.
(b) A person
				who is denied assistance from a program set out in (c) of this section is
				eligible to receive general relief cash assistance if the person is denied
				assistance solely because a permanent fund dividend received by the person or a
				member of his household is counted as income or a resource.
(c) The programs to which (b) of this section
				applies are
(1) the aid to families with
				dependent children (AFDC) program administered under AS
				47.25.310-47.25.420;
(2) the adult
				public assistance (APA) program administered under
				AS
				47.25.430-47.25.615;
(3) the food stamp program administered under
				AS
				47.25.975-47.25.990; and
(4) the supplemental security income (SSI)
				program administered under 42 U.S.C. 1381 et seq.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 38 - Permanent Fund Dividend Distribution › 7 AAC 38.040 - Application not required

Current through May 31, 2024
(a) The department
				will provide general relief assistance to a person who is eligible under
				7 AAC 38.030 without a separate application for general
				relief assistance.
(b) A person may
				apply for general relief assistance in accordance with
				7 AAC 47.020 if the person does not receive benefits to
				which he believes he is entitled under this chapter.
Authority:
AS
					 43.23.075
AS 43.23.080
AS 43.23.085
AS 43.23.087
AS
					 47.05.010
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 38 - Permanent Fund Dividend Distribution › 7 AAC 38.050 - Duration and amount of assistance

Current through May 31, 2024
(a) A person who is
				eligible under
				7 AAC 38.030 may receive general relief assistance for a
				period not to exceed four months from the date that the person is denied
				assistance solely because a permanent fund dividend received by the person or a
				member of the person's household is counted as income or a resource.
(b) A person who is eligible under
				7 AAC 38.030 may receive general relief assistance in an
				amount equal to the level of medical assistance or the amount of cash
				assistance or food stamp benefits that the person would have received had there
				been no permanent fund dividend distribution.
(c) If an individual receives general relief
				assistance under (a) of this section for a period of less than four months,
				general relief assistance may be paid for any remaining months in which the
				individual again becomes eligible under
				7 AAC 38.030, if the period does not extend beyond June
				30th of the state fiscal year in which the dividend is received. An individual
				who receives permanent fund dividends released from the Department of Health
				and Social Services, division of family and youth services, trust fund may
				receive benefits under
				7 AAC 38.030 for four months regardless of the end of
				the state fiscal year.
Authority:
AS
					 43.23.075
AS 43.23.085
AS
					 47.05.010
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 38 - Permanent Fund Dividend Distribution › 7 AAC 38.060 - Change of household composition

Current through May 31, 2024
If a person has received or is receiving general relief
				  assistance under this chapter and establishes a new household, he may receive
				  general relief assistance for the period set out in
				  7 AAC 38.050 regardless of the eligibility of other
				  members of the new household.
Authority:
AS
					 43.23.075
AS 43.23.080
AS 43.23.085
AS 43.23.087
AS
					 47.05.010
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 38 - Permanent Fund Dividend Distribution › 7 AAC 38.070 - Monthly reports

Current through May 31, 2024
(a) Each person who receives general relief
				assistance under this chapter shall make a monthly report on a form provided by
				the department concerning the financial status of himself and other members of
				his household.
(b) The report must
				be received by the office of the division identified on the form provided by
				the department no later than the 15th day of each month for which the form is
				provided.
Authority:
AS
					 43.23.075
AS 43.23.080
AS 43.23.085
AS 43.23.087
AS
					 47.05.010
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 38 - Permanent Fund Dividend Distribution › 7 AAC 38.080 - Program requirements

Current through May 31, 2024
(a) Except as otherwise provided in this
				chapter, the provision of general relief assistance is subject to all
				requirements of the program for which benefits are denied solely because a
				permanent fund dividend received by the person or a member of his household is
				counted as income or a resource.
(b) The requirements of 7 AAC 47 apply to the
				provision of assistance under this chapter except to the extent they conflict
				with (a) of this section.
Authority:
AS
					 43.23.075
AS 43.23.080
AS 43.23.085
AS 43.23.087
AS
					 47.05.010
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 38 - Permanent Fund Dividend Distribution › 7 AAC 38.090 - Failure to apply for dividend

Current through May 31, 2024
(a) A permanent
				fund dividend constitutes a prior resource for the purposes of the aid to
				families with dependent children (AFDC) program administered under AS 47.25.310
				- 47.25.420 until October 31, 1982, if a person who is eligible to receive a
				permanent fund dividend fails to apply for it.
(b) A permanent fund dividend for which
				application is not made does not constitute a prior resource for the purposes
				of other programs set out in
				7 AAC 38.030.
Authority:
AS
					 43.23.075
AS 43.23.080
AS 43.23.085
AS 43.23.087
AS
					 47.05.010
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 38 - Permanent Fund Dividend Distribution › 7 AAC 38.100 - Termination and appeal

Current through May 31, 2024
(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.
Authority:
AS
					 43.23.075
AS 43.23.080
AS 43.23.085
AS 43.23.087
AS
					 47.05.010
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 38 - Permanent Fund Dividend Distribution › 7 AAC 38.110 - Definitions

Current through May 31, 2024
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
Authority:
AS
					 43.23.075
AS 43.23.080
AS 43.23.085
AS 43.23.087
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 39 - Child Care Grant Program › Article 1 - Program Provisions › 7 AAC 39.010 - Applicability

Current through May 31, 2024
This chapter applies to facilities participating in the
					 child care grant program under
					 AS
					 47.25.071 and this chapter.
Authority:
AS
						47.25.001
AS
						47.25.071
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 39 - Child Care Grant Program › Article 1 - Program Provisions › 7 AAC 39.015 - Eligibility

Current through May 31, 2024
(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 39.060, the facility becomes permanently
				  ineligible for a grant under
				  AS
				  47.25.071 and this chapter.
Authority:
AS
						47.25.001
AS
						47.25.071
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 39 - Child Care Grant Program › Article 1 - Program Provisions › 7 AAC 39.020 - Application for participation in the child care grant program

Current through May 31, 2024
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 required by
					 this chapter.
Authority:
AS
						47.25.001
AS
						47.25.071
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 39 - Child Care Grant Program › Article 1 - Program Provisions › 7 AAC 39.025 - Participation in the child care grant program

Current through May 31, 2024
(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) regarding
				  availability of space for children of families issued an attendance
				  authorization under
				  7 AAC 41.040; and
(4) if space and staff are available, accept
				  into care children of families issued an enrollment authorization under
				  7 AAC 41.035;
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 39 - Child Care Grant Program › Article 1 - Program Provisions › 7 AAC 39.030 - Grant payment

Current through May 31, 2024
(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 monthly grant payment, a
				  participating facility must submit to the department, in a format prescribed by
				  the department, a payment request containing the following information relating
				  to the grant payment:
(1) the number of
				  children in care during the previous month, indicating whether the care is
				  part-time or full-time;
(2) a
				  description of how the grant payment for the previous month was spent during
				  that month;
(3) any change in
				  information provided in the application submitted under
				  7 AAC 39.020;
(4) the number of children described in
				  7 AAC 39.025(a) (3) and (4) who are
				  enrolled for care in the participating facility;
(5) a calculation under
				  7 AAC 39.035 of the average daily full-time equivalent
				  units of care during the previous month.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 39 - Child Care Grant Program › Article 1 - Program Provisions › 7 AAC 39.035 - Calculation of average daily full-time equivalent units of care

Current through May 31, 2024
(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 child in
				  care at the facility for more than five cumulative hours of a day constitutes
				  one daily full-time equivalent unit of care;
(2) a child in care at the facility for five
				  or fewer cumulative hours of a day constitutes one-half of a daily full-time
				  equivalent unit of care;
(3) the
				  daily full time equivalent units of care arrived at under (1) and (2) of this
				  subsection are totaled for each day of a month, and the daily totals are added
				  together to arrive at a total for the month;
(4) the average daily full-time equivalent
				  units of care for a month is determined by dividing the monthly total
				  calculated under (3) of this subsection by 21.7.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 39 - Child Care Grant Program › Article 1 - Program Provisions › 7 AAC 39.040 - Allowable expenditures

Current through May 31, 2024
(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
				  costs;
(4) costs of supplies,
				  equipment, and activities;
(5)
				  child development education and training.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 39 - Child Care Grant Program › Article 1 - Program Provisions › 7 AAC 39.045 - Program violations

Current through May 31, 2024
(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 with
				  AS
				  47.25.071 and this chapter.
(b) A facility is subject to sanction under
				  this chapter for
(1) providing false or
				  misleading information or withholding information in order to participate or
				  receive payments under the child care grant program;
(2) failing to maintain records concerning
				  the program as required by
				  7 AAC 39.040(b) and
				  7 AAC 39.070;
(3) failing to cooperate with a review or
				  investigation by the department, including a refusal to allow inspection of the
				  facility and its records during scheduled business hours for purposes of
				  determining whether there has been a violation of the child care grant
				  program;
(4) failing to comply with
				  requirements related to allowable expenditures under
				  7 AAC 39.040;
(5) falsifying attendance records to reflect
				  higher amounts of time that a child was in care than actually occurred;
				  or
(6) failing to submit a complete
				  and timely response to a monitoring report under
				  7 AAC 39.065, or to achieve compliance in accordance
				  with that response.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 39 - Child Care Grant Program › Article 1 - Program Provisions › 7 AAC 39.050 - Determination of overpayment or intentional program violation

Current through May 31, 2024
(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
				  attendance, billing, and expenditure records;
(2) make announced or unannounced inspections
				  of the facility to determine whether there has been a violation of the child
				  care grant program;
(3) schedule
				  office visits with the facility;
(4) review information or inquiries received
				  by telephone, mail, electronic mail, or facsimile; the department will document
				  the information and inquiries in the investigation file.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 39 - Child Care Grant Program › Article 1 - Program Provisions › 7 AAC 39.055 - Overpayment of grant money

Current through May 31, 2024
(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 develop a repayment plan;
(3)
				  advises that if the facility refuses to cooperate in the development of a
				  repayment plan within 15 days after receiving a notice under this subsection,
				  the department will take action to recover the overpayment through collection
				  procedures or deduction from any future amounts paid under
				  AS
				  47.25.071 and this chapter; and
(4) advises that the facility has the right
				  to request an administrative review of the decision under
				  7 AAC 39.800.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 39 - Child Care Grant Program › Article 1 - Program Provisions › 7 AAC 39.060 - Intentional program violation

Current through May 31, 2024
(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 to take, and the effective date of that action; and
(3) advises the facility of the right to
				  request an administrative review under
				  7 AAC 39.800.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 39 - Child Care Grant Program › Article 1 - Program Provisions › 7 AAC 39.065 - Monitoring and evaluation

Current through May 31, 2024
(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 of the department's findings. If the department finds
				  that the facility is not in compliance with a requirement of this chapter, the
				  department will include actions that must be taken to achieve compliance. If
				  the department issues a monitoring report that includes requirements for
				  program compliance, the department will advise the operator of the facility
(1) of the requirement to submit within 15
				  days after receiving the report a signed and dated response indicating intent
				  to comply with each requirement; and
(2) that failure to submit a complete and
				  timely response could result in a sanction under this chapter.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 39 - Child Care Grant Program › Article 1 - Program Provisions › 7 AAC 39.070 - Record retention

Current through May 31, 2024
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 facility shall
					 make the records available for department review upon request.
Authority:
AS
						47.25.001
AS
						47.25.071
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 39 - Child Care Grant Program › Article 2 - Administrative Review › 7 AAC 39.800 - Request for administrative review

Current through May 31, 2024
(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
				  administrative review must be postmarked no later than 15 days after receipt of
				  the written determination. The request for administrative review must contain
(1) a copy of the written determination for
				  which administrative review is requested;
(2) an itemized list of each alleged
				  violation of a statute or regulation upon which the request is based;
(3) factual arguments supporting the
				  facility's allegations; and
(4) the
				  specific relief sought.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 39 - Child Care Grant Program › Article 2 - Administrative Review › 7 AAC 39.810 - Administrative review

Current through May 31, 2024
(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 sought and will provide the aggrieved facility with a copy of
				  the decision within 15 days after receipt of the request under
				  7 AAC 39.800. The department will base its decision upon
(1) the information provided in the request
				  for administrative review;
(2) the
				  department's research, findings, and records; and
(3) other available information that is
				  relevant to the matter being reviewed.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 39 - Child Care Grant Program › Article 3 - General Provisions › 7 AAC 39.990 - Definitions

Current through May 31, 2024
(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) "average daily
				  full-time equivalent units of care" means the number of units of care
				  calculated under
				  7 AAC 39.035;
(4) "child care" has the meaning given "day
				  care" in AS 47.25 095;
(5) "child
				  care facility" has the meaning given in
				  AS
				  47.25.095;
(6) "child in care" means a child receiving
				  care at a child care facility;
(7)
				  "department" means the Department of Health and Social Services;
(8) "facility" means a child care
				  facility;
(9) "grant" means a child
				  care grant under
				  AS
				  47.25.071 and this chapter;
(10) "intentional program violation" means an
				  action taken by a facility to deliberately misrepresent, conceal, or withhold a
				  material fact that results in a payment to the facility under
				  AS
				  47.25.071 and this chapter;
(11) "program" means the child care grant
				  program under
				  AS
				  47.25.071 and this chapter.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 40 - Adult Public Assistance › 7 AAC 40.020 - Scope of regulations

Current through May 31, 2024
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.
Authority:
AS
					 47.05.010
AS
					 47.25.430
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 40 - Adult Public Assistance › 7 AAC 40.030 - SSI program requirements

Current through May 31, 2024
(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 chapter conflict with requirements of the SSI program, the requirements
				of this chapter apply unless the requirements of the SSI program specifically
				supersede inconsistent state program provisions.
(b) Copies of federal statutes and
				regulations governing the SSI program may be seen upon request at the central
				office of the division.
Authority:
AS
					 47.05.010
AS 47.05.050
AS
					 47.25.435
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 40 - Adult Public Assistance › 7 AAC 40.040 - Application

Current through May 31, 2024
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.
Authority:
AS
					 47.05.010
AS
					 47.25.450
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 40 - Adult Public Assistance › 7 AAC 40.050 - Documentation

Current through May 31, 2024
(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 persons who have knowledge of his financial and other
				circumstances relating to eligibility. Whether or not an applicant is
				interviewed, he shall furnish adequate evidence to demonstrate his eligibility
				for assistance.
(b) The division
				will determine if it is reasonable for an applicant to make himself available
				for an interview by considering all relevant factors including the distance
				between the applicant's residence and the nearest office of the division,
				prevailing weather conditions, the availability of transportation, and the
				physical or mental condition of the applicant.
(c) Each applicant for aid to the blind or
				aid to the permanently and totally disabled whose blindness or disability is
				determined by the division under
				7 AAC 40.150 or
				7 AAC 40.180 must be examined by an appropriate medical
				professional. The examiner shall furnish a written report of the examination on
				a form provided by the division. The division will pay any costs of the
				examination and necessary transportation to and from the place of
				examination.
(d) The division will,
				in its discretion, require each applicant for aid to the permanently and
				totally disabled to submit evidence concerning his education and training, work
				experience, activities before and after onset of the claimed disability,
				efforts to engage in gainful employment, and other related matters.
(e) The requirements of (c) and (d) of this
				section do not apply to an applicant who has been determined disabled by the
				Social Security Administration and is receiving, or has been determined
				eligible to receive, SSI or social security disability payments at the time of
				application.
Authority:
AS
					 47.05.010
AS
					 47.25.450
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 40 - Adult Public Assistance › 7 AAC 40.060 - Concurrent SSI application

Current through May 31, 2024
(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 has a decrease in income that causes
				the applicant's total income to fall within SSI income standards, the applicant
				must apply for SSI within 30 days after the date that the division first
				notifies the applicant, in writing, that the applicant must apply for SSI.
				Interim assistance will not be paid pending the Social Security
				Administration's SSI eligibility determination.
(c) If an applicant is receiving SSI benefits
				and is determined by the Social Security Administration to be ineligible,
				except as provided in (d) and (e) of this section, the division will terminate
				assistance in accordance with
				7 AAC 49.060, regardless of whether the applicant files
				an appeal with the Social Security Administration.
(d) If an applicant is receiving SSI benefits
				and is determined by the Social Security Administration to be ineligible
				because the applicant's total income exceeds the SSI income standards, the
				applicant, if otherwise eligible, remains eligible for assistance if the total
				income does not exceed the income standards set out in
				7 AAC 40.310.
(e) If an applicant is receiving SSI benefits
				and is determined by the Social Security Administration to be ineligible under
				42 U.S.C.
				1382 b(c) because of a disposal of resources
				for less than fair market value and the corresponding period of ineligibility
				under 7 AAC 40.295 has expired, the
				applicant, if otherwise eligible, remains eligible for assistance.
Authority:
AS
					 47.05.010
AS 47.25.460
AS
					 47.25.590
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 40 - Adult Public Assistance › 7 AAC 40.070 - Eligibility decision

Current through May 31, 2024
(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
				application" means an application which contains at least the applicant's name,
				mailing address, and signature or witnessed mark.
(b) Eligibility for aid to the permanently
				and totally disabled or aid to the blind will not be denied because the
				applicant did not have an examination under
				7 AAC 40.050 if he was unable to have the examination
				for reasons beyond his control or because the examiner did not furnish a report
				to the division. In those circumstances, the division may postpone an
				eligibility decision for an additional 30 days.
Authority:
AS
					 47.05.010
AS 47.25.450
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 40.080 - Availability of hearing

Current through May 31, 2024
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 this
				  section, "working day" means a day other than Saturday, Sunday, or a legal
				  holiday under
				  AS
				  44.12.010.
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 40.090 - Factors of eligibility

Current through May 31, 2024
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) financial need with respect to resources;
				and
(8) financial need with respect
				to income.
Authority:
AS
					 47.05.010
AS 47.25.430
AS
					 47.25.435
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 40 - Adult Public Assistance › 7 AAC 40.110 - Citizenship and residency

Current through May 31, 2024
(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 individual who leaves the state is not eligible for assistance
				during that individual's absence, unless the absence is temporary. A temporary
				absence is an absence of less than 30 days.
(c) An individual who is absent from the
				state for 30 days or more is not eligible for assistance unless the individual
				leaves this state to
(1) obtain prescribed
				medical treatment that is not available in this state and
(A) does not establish residency outside this
				state; and
(B) intends to return to
				this state once the prescribed medical treatment is completed;
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 40 - Adult Public Assistance › 7 AAC 40.120 - Qualifying age

Current through May 31, 2024
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 permanently and totally disabled; an otherwise eligible
				applicant is entitled to assistance if he becomes 18 in the month of
				application and has not received assistance under AS 47.25.310 - 47.25.420 for
				that month.
Authority:
AS
					 47.05.010
AS
					 47.25.430
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 40 - Adult Public Assistance › 7 AAC 40.130 - Non-institutional residency

Current through May 31, 2024
(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
(4) a public or private institution for
				mental disease, except as provided in
				7 AAC 40.385.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 40 - Adult Public Assistance › 7 AAC 40.140 - Blindness

Current through May 31, 2024
(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 described in (a) of this
				section may receive interim assistance under
				7 AAC 40.375 if the department determines that the
				applicant is blind under
				7 AAC 40.150.
(c) An otherwise eligible applicant whose
				income exceeds SSI income standards but is within the income standards of this
				chapter, and who has not been found eligible for Social Security disability
				payments due to blindness must be determined by the division of vocational
				rehabilitation of the Alaska Department of Labor and Workforce Development 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)).
(d) A person who received aid to the blind in
				December, 1973, and who has received aid to the blind continuously thereafter,
				is considered to be blind under this chapter if he continues to meet the
				definition of blindness in effect in December, 1973.
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 40.150 - Initial blindness determination

Current through May 31, 2024
(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 to
				blindness will be based upon the results of this examination and other evidence
				provided by the applicant.
Authority:
AS
					 47.05.010
AS
					 47.25.450
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 40 - Adult Public Assistance › 7 AAC 40.160 - Review of blindness determination

Current through May 31, 2024
(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 Security Administration's final
				determination of eligibility or ineligibility for SSI benefits. An applicant
				will continue to receive interim assistance until the applicant
(1) is approved for SSI;
(2) receives an adverse SSI decision and
				fails to appeal it to the next appeal level;
(3) withdraws or abandons an appeal at any
				level; or
(4) receives a notice of
				dismissal or an adverse decision from the Social Security Appeals
				Council.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 40 - Adult Public Assistance › 7 AAC 40.170 - Disability

Current through May 31, 2024
(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)(3)).
(b) An applicant described in (a) of this
				section may receive interim assistance under
				7 AAC 40.375 if the department determines that the
				applicant is disabled under
				7 AAC 40.180.
(c) An otherwise eligible applicant whose
				income exceeds SSI income standards but is within the income standards of this
				chapter, must be determined by the division of vocational rehabilitation of the
				Department of Labor and Workforce Development to meet the definition of
				disability contained in Title XVI of the Social Security Act, as amended (42 U.S.C.
				1382 c(a)(3)).
(d) Repealed 9/30/83.
(e) A person who received aid to the
				permanently and totally disabled in December, 1973, and who has received aid to
				the permanently and totally disabled continuously thereafter, is considered to
				be disabled under this chapter if he continues to meet the definition of
				disability in effect in December, 1973.
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 40.180 - Initial determination of disability

Current through May 31, 2024
(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 approved by the department.
(b) The department will make a determination
				of whether the applicant is disabled based on
(1) a medical review by the department as to
				whether the applicant is likely to be found disabled by the Social Security
				Administration, including whether the applicant's impairment meets
(A) the SSI program's presumptive disability
				criteria under 20 C.F.R.
				416.934, as revised as of September 1, 2013,
				and adopted by reference; or
(B)
				Social Security Administration disability criteria for the listings of
				impairments described in  20 C.F.R. 404, subpart P, appendix 1, as revised as of
				September 1, 2013, and adopted by reference;
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 40 - Adult Public Assistance › 7 AAC 40.190 - Review of disability determination

Current through May 31, 2024
(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 Social Security Administration's final
				determination of eligibility or ineligibility for SSI benefits. An applicant
				will continue to receive interim assistance until the applicant
(1) is approved for SSI;
(2) receives an adverse SSI decision and
				fails to appeal it to the next appeal level;
(3) withdraws or abandons an appeal at any
				level; or
(4) receives a notice of
				dismissal or an adverse decision from the Social Security Appeals
				Council.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 40 - Adult Public Assistance › 7 AAC 40.200 - Drug and alcohol addiction

Current through May 31, 2024
(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 alcohol addiction is found to
				contribute to the disability, eligibility for aid to the permanently and
				totally disabled exists only if the applicant undergoes rehabilitative
				treatment as a drug addict or alcoholic at an approved institution or facility
				if such treatment is reasonably available. The applicant must demonstrate
				compliance with any terms, conditions, and requirements of treatment.
(d) Until December 31, 1996, if a person's
				Supplemental Security Income or Social Security Disability Insurance benefits
				are suspended or terminated for failure to comply with treatment requirements
				contained in 42 U.S.C.
				401 -
				433 (Title II of the Social
				Security Act) and 42 U.S.C.
				1381 -
				1383 (Title XVI of the Social
				Security Act), the person is not eligible for assistance under
				AS
				47.25.430-47.25.615 and this
				chapter.
(e) Until December 31,
				1996, if a person's Supplemental Security Income or Social Security Disability
				Insurance benefits are terminated because of the 36-month payment limitation
				contained in 42 U.S.C.
				401 -
				433 (Title II of the Social
				Security Act) and 42 U.S.C.
				1381 -
				1383 (Title XVI of the Social
				Security Act), the person is not eligible for assistance under
				AS
				47.25.430-47.25.615 and this
				chapter.
(f) In this section, an
				"approved institution or facility" means an institution or facility furnishing
				medically recognized treatment for drug addiction or alcoholism which is
				licensed or approved by the federal Department of Health and Human Services,
				the state division or vocational rehabilitation of the Department of Labor and
				Workforce Development, or the state Department of Health and Social
				Services.
Authority:
AS
					 47.05.010
AS 47.25.430
AS
					 47.25.590
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 40 - Adult Public Assistance › 7 AAC 40.210 - Prescribed treatment requirement

Current through May 31, 2024
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.
Authority:
AS
					 47.05.010
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 40 - Adult Public Assistance › 7 AAC 40.220 - Conversion to old age assistance

Current through May 31, 2024
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.
Authority:
AS
					 47.05.010
AS
					 47.25.430
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 40 - Adult Public Assistance › 7 AAC 40.230 - Financial need

Current through May 31, 2024
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 40.310.
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 40.240 - Income and resources of spouses

Current through May 31, 2024
(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 themselves out to the community as husband and
				wife.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 40 - Adult Public Assistance › 7 AAC 40.250 - Income and resources of sponsors of aliens

Current through May 31, 2024
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.
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 40.260 - Resources

Current through May 31, 2024
(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, exchange, or other disposition of a resource retains the character of
				a resource.
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 40.270 - Resource limits

Current through May 31, 2024
(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 eligible for
				assistance.