reglab/statecodes huggingface dataset:
Alaska Administrative Code › Title 7 - Health and Social Services › Part 7 - Medicaid Assistance Eligibility › Chapter 100 - Medicaid Eligibility › Article 2 - Family Medicaid › 7 AAC 100.110 - Living in home of a caretaker relative

Current through May 31, 2024
(a) To be eligible
				  for Family Medicaid, a dependent child must be living with a caretaker relative
				  in the home of that caretaker relative.
(b) The department will consider a dependent
				  child to be living with a caretaker relative if the caretaker relative
				  maintains a home for the child and is responsible for the care and control of
				  the child. The department may consider a child to be living with a caretaker
				  relative even if
(1) the child is receiving
				  protective supervision or probation services; or
(2) the state has legal custody of the child,
				  but the child is in the physical custody of the caretaker relative.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 7 - Medicaid Assistance Eligibility › Chapter 100 - Medicaid Eligibility › Article 2 - Family Medicaid › 7 AAC 100.112 - Temporary absence from the home

Current through May 31, 2024
(a) The department
				  will consider a dependent child and a caretaker relative to be living together
				  even though the dependent child or the caretaker relative is absent from the
				  home, if one of the following circumstances is true for the duration of the
				  absence:
(1) the dependent child or the
				  caretaker relative is in a hospital or other public or private institution to
				  receive treatment for a mental or physical illness, but a return to the home of
				  the caretaker relative is expected, and the caretaker relative continues to be
				  responsible for the child;
(2) the
				  dependent child is absent because a court order, including a tribal court
				  order, specifies that the child is to visit a parent who does not resides with
				  the caretaker relative and
(A) the caretaker
				  relative maintains a home to which the child will return;
(B) the court's intention is for the child to
				  return to the caretaker relative's home at the end of the visit;
(C) the child does not receive Family
				  Medicaid through the household of the parent the child is visiting;
				  and
(D) the absence does not last
				  longer than three months;
(3) the dependent child or the caretaker
				  relative is absent to obtain education or training that is not available in the
				  home community, and
(A) the child and
				  caretaker relative intend that the absent student will return to the home of
				  the caretaker relative at least once each year;
(B) the absent student does not receive
				  Family Medicaid in another household;
(C) the absent student intends to return to
				  the home of the caretaker relative at the completion of the absent student's
				  education or training; and
(D) the
				  caretaker relative maintains a home to which the absent student intends to
				  return;
(4) the
				  caretaker relative is temporarily away from the home for a planned temporary
				  absence, including employment, seeking employment, and military
				  assignment.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 7 - Medicaid Assistance Eligibility › Chapter 100 - Medicaid Eligibility › Article 2 - Family Medicaid › 7 AAC 100.114 - Family Medicaid household combinations

Current through May 31, 2024
(a) A Family
				  Medicaid household may include any of the following:
(1) one adult and any number of dependent
				  children for whom the adult is a caretaker relative;
(2) only a dependent child or children if the
				  caretaker relative is not included in the Medicaid household for the purpose of
				  determining Medicaid eligibility;
(3) only a caretaker relative and no child if
				  the caretaker relative is
(A) a pregnant
				  woman in her last trimester eligible under
				  7 AAC 100.124;
(B) a caretaker relative of a child receiving
				  SSI; or
(C) caring for a child on
				  whose behalf the caretaker relative is receiving foster care maintenance
				  payments;
(4) two
				  parents and any number of dependent children, if the household meets the
				  requirements of deprivation by deficient employment under
				  7 AAC 100.106(c).
Alaska Administrative Code › Title 7 - Health and Social Services › Part 7 - Medicaid Assistance Eligibility › Chapter 100 - Medicaid Eligibility › Article 2 - Family Medicaid › 7 AAC 100.116 - Optional members of the household

Current through May 31, 2024
(a) In addition to
				  the mandatory members of the household identified in
				  7 AAC 100.104, one or more of the following individuals,
				  if the individual chooses to apply, may be included in a Family Medicaid
				  household if everyone is living in the same home:
(1) any dependent child who is separately
				  eligible for Family Medicaid;
(2)
				  any caretaker relative and dependent child, who are separately eligible for
				  Family Medicaid;
(3) any child of
				  the caretaker relative who meets age and deprivation requirements under
				  7 AAC 100.104 and
				  7 AAC 100.106.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 7 - Medicaid Assistance Eligibility › Chapter 100 - Medicaid Eligibility › Article 2 - Family Medicaid › 7 AAC 100.118 - Individuals in the home receiving SSI, APA, or foster care payments

Current through May 31, 2024
(a) A
				  Family Medicaid household may not include a child or adult who is receiving
				  SSI, APA, or foster care maintenance payments. The department will disregard
				  the financial needs, income, and resources of a child or adult receiving SSI,
				  APA, or foster care payments when determining the applicable Family Medicaid
				  need standard based upon household size under
				  7 AAC 100.190.
(b) An adult identified in (a) of this
				  section may be the only member in a Family Medicaid household if that adult is
				  the
(1) caretaker relative of a child
				  receiving SSI; or
(2) foster parent
				  of a dependent child who is receiving state or Title IV-E foster care
				  maintenance payments.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 7 - Medicaid Assistance Eligibility › Chapter 100 - Medicaid Eligibility › Article 2 - Family Medicaid › 7 AAC 100.120 - Inclusions and exclusions from the Family Medicaid eligibility determination

Current through May 31, 2024
(a) The financial needs, income, or resources
				  of the following individuals are not included in a Family Medicaid eligibility
				  determination even if the individual is living in the same home as a dependent
				  child:
(1) a recipient of SSI or
				  APA;
(2) the sibling of a dependent
				  child if the sibling does not meet the Family Medicaid age or deprivation
				  requirements;
(3) a stepparent and
				  the stepparent's own children, if including them in an existing household would
				  cause another child in the home who is deprived by reason of death or continued
				  absence of a parent to lose eligibility if the stepparent's income and
				  resources were counted;
(4) an
				  alien who is not eligible for Medicaid and who is not the dependent child's
				  natural or adoptive parent;
(5) an
				  individual for whom state or Title IV-E foster care maintenance payments are
				  being paid;
(6) a sibling of a
				  dependent child whose inclusion in the household would cause the dependent
				  child to lose financial eligibility if the sibling's income were deemed
				  available to the dependent child;
(7) the parent of a child 18 years of age or
				  older if
(A) the child is in her third
				  trimester of pregnancy; and
(B) the
				  parent has no other dependent children in the household.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 7 - Medicaid Assistance Eligibility › Chapter 100 - Medicaid Eligibility › Article 2 - Family Medicaid › 7 AAC 100.122 - Household with a minor parent

Current through May 31, 2024
(a) A minor parent
				  is a parent who is not married, is under 18 years of age, and has not been
				  emancipated under
				  AS
				  09.55.590. For the purpose of determining who
				  is included in a Family Medicaid household, a minor parent is only considered a
				  parent if
(1) the minor parent lives apart
				  from the minor parent's own parents; or
(2) the parent of the minor parent is not
				  applying for Family Medicaid as the caretaker relative.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 7 - Medicaid Assistance Eligibility › Chapter 100 - Medicaid Eligibility › Article 2 - Family Medicaid › 7 AAC 100.124 - Pregnant woman considerations

Current through May 31, 2024
(a) Notwithstanding
				  7 AAC 100.300 -
				  7 AAC 100.304, the department will determine Family
				  Medicaid eligibility for a pregnant woman who does not have other children
				  living in the household who are eligible for Family Medicaid, if the pregnant
				  woman is in the last 91 days of pregnancy, including the estimated day of
				  delivery. The department will determine eligibility as if the child has been
				  born, considering the income and resources of all individuals living together
				  who will be included in the Family Medicaid household when the child is
				  born.
(b) If a pregnant woman
				  described in (a) of this section is unmarried and living with a man who claims
				  to be the biological father of the unborn child, the department will require,
				  as a condition of Family Medicaid eligibility, the man to acknowledge paternity
				  by signing a form provided by the department.
(c) If a pregnant woman described in (a) of
				  this section is married at the time of conception, the department will consider
				  the spouse at the time of conception to be the unborn child's biological father
				  unless
(1) paternity has been determined
				  otherwise by a court, administrative agency, or quasi-judicial entity
				  authorized by law to determine parentage; or
(2) affidavits that meet the requirements of
				  AS
				  18.50.160(d)(2) and (g) are
				  submitted to the department.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 7 - Medicaid Assistance Eligibility › Chapter 100 - Medicaid Eligibility › Article 2 - Family Medicaid › 7 AAC 100.130 - Resource limit

Current through May 31, 2024
(a) A household is not eligible for Family
				  Medicaid if the household has nonexempt resources, as determined under
				  7 AAC 100.138 and
				  7 AAC 100.140, with a total value, as determined under
				  7 AAC 100.144, in excess of $2,000 or, if the household
				  includes an individual 60 years of age or older, in excess of $3,000.
(b) The department will determine the value
				  of a household's resources
(1) for an
				  applicant, as of the date of the interview required under
				  7 AAC 100.014; and
(2) for a recipient, as of the first day of
				  the month for which eligibility is being determined.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 7 - Medicaid Assistance Eligibility › Chapter 100 - Medicaid Eligibility › Article 2 - Family Medicaid › 7 AAC 100.132 - Availability of nonexempt resources to dependent child

Current through May 31, 2024
(a) In determining
				  eligibility for Family Medicaid benefits, the department will include a
				  nonexempt resource in the determination only if the resource is actually
				  available to meet the financial needs of a dependent child who is included in
				  the Family Medicaid household.
(b)
				  If real property owned by an applicant has a value in excess of the resource
				  limit under
				  7 AAC 100.130, the applicant is eligible for Family
				  Medicaid benefits only if the department can verify that the property is not
				  available to meet the financial needs of the dependent child because
(1) the applicant has an undivided fractional
				  interest in the property with another person who is not an applicant or
				  recipient of Family Medicaid benefits and who will not agree to sell that
				  interest; or
(2) the property has
				  uncorrectable legal or physical defects that prevent its sale.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 7 - Medicaid Assistance Eligibility › Chapter 100 - Medicaid Eligibility › Article 2 - Family Medicaid › 7 AAC 100.134 - Resources of a caretaker relative, dependent child, and stepparent

Current through May 31, 2024
(a) To
				  determine whether a household's nonexempt resources exceed the resource limit
				  in 7 AAC 100.130, the department will
				  consider the following factors:
(1) what
				  nonexempt resources the caretaker relative has;
(2) whether the caretaker relative's
				  nonexempt resources are considered to be available to a dependent child under
				  this chapter;
(3) what nonexempt
				  resources are owned by a dependent child.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 7 - Medicaid Assistance Eligibility › Chapter 100 - Medicaid Eligibility › Article 2 - Family Medicaid › 7 AAC 100.136 - Resources of the sponsor of an alien

Current through May 31, 2024
(a) In determining
				  the eligibility of an applicant who is an alien under
				  7 AAC 100.050 and
				  7 AAC 100.052, the department will count the nonexempt
				  resources of the alien's sponsor and the sponsor's spouse who is living with
				  the sponsor, if the sponsor
(1) or the
				  sponsor's spouse are not receiving Family Medicaid or SSI; and
(2) signed an I-864 affidavit of sponsorship
				  form on or after December 19, 1997, or a successor form issued by
				  USCIS.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 7 - Medicaid Assistance Eligibility › Chapter 100 - Medicaid Eligibility › Article 2 - Family Medicaid › 7 AAC 100.138 - Exempt resources

Current through May 31, 2024
(a) The department will not consider exempt
				  resources in determining eligibility for Family Medicaid benefits. A resource
				  is exempt if it is determined to be wholly or partially exempt under this
				  section or 7 AAC 100.140.
(b) The physical structure that serves as the
				  applicant's or recipient's residence, and the single legally described piece of
				  real property upon which that structure is situated, are an exempt
				  resource.
(c) A business property
				  is an exempt resource if the property is also the applicant's or recipient's
				  residence or is on the same legally described piece of real property upon which
				  the applicant's residence is situated.
(d) The following distributions received by
				  an Alaska Native or descendant of an Alaska Native from a Native corporation
				  formed under 43 U.S.C.
				  1601 -
				  1629 h (Alaska Native Claims
				  Settlement Act) are exempt resources:
(1)
				  cash, including cash dividends on stock or bonds, received by the individual
				  from the Native corporation before February 3, 1988;
(2) cash, including cash dividends on stock
				  or bonds, received by the individual from the Native corporation on or after
				  February 3, 1988, to the extent that it does not, in the aggregate, exceed
				  $2,000 per individual each year; if that $2,000 limit is exceeded, the amount
				  of the excess is a nonexempt resource;
(3) stock issued or distributed by a Native
				  corporation, including stock issued as a dividend or an amount paid in the form
				  of stock;
(4) a partnership
				  interest;
(5) land or an interest
				  in land, including land or an interest in land received from a Native
				  corporation as a dividend or distribution on stock;
(6) an interest in a settlement
				  trust.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 7 - Medicaid Assistance Eligibility › Chapter 100 - Medicaid Eligibility › Article 2 - Family Medicaid › 7 AAC 100.140 - Pension plan as an exempt resource

Current through May 31, 2024
(a) Except as
				  provided in (b) of this section, a pension plan and an employment-related
				  retirement plan is an exempt resource if the applicant or recipient
(1) cannot immediately withdraw and use the
				  money in the pension plan to meet the needs of the applicant's or recipient's
				  family;
(2) demonstrates that the
				  applicant or recipient has applied to have money in the pension plan made
				  available to the applicant or recipient; and
(3) does not expect to receive the money
				  during the month for which eligibility is being determined.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 7 - Medicaid Assistance Eligibility › Chapter 100 - Medicaid Eligibility › Article 2 - Family Medicaid › 7 AAC 100.142 - Conversion of resources

Current through May 31, 2024
(a) In the month in
				  which one resource is converted to, or exchanged for, another resource, the
				  department will not consider the newly acquired resource to be income. The new
				  resource is subject to
				  7 AAC 100.100 -
				  7 AAC 100.199.
(b) For purposes of
				  7 AAC 100.100 -
				  7 AAC 100.199, money received from a refund or
				  reimbursement is a converted resource rather than income. Conversion includes
(1) the refund of a rent deposit or rental
				  cleaning or security deposit, where an unavailable resource is converted to an
				  available resource;
(2) merchandise
				  returned in exchange for refund of the purchase price;
(3) money paid out for a repair that is later
				  refunded by the manufacturer under product warranty provisions;
(4) receipt of a federal or state income tax
				  refund;
(5) reimbursement from an
				  employer for out-of-pocket expenses related to work; and
(6) cash-in, by an individual not of
				  retirement age, of that individual's paid-up entitlement to a past employment
				  related retirement fund.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 7 - Medicaid Assistance Eligibility › Chapter 100 - Medicaid Eligibility › Article 2 - Family Medicaid › 7 AAC 100.144 - Determining the value of available nonexempt resources

Current through May 31, 2024
(a) The department
				  will determine the value of an available nonexempt resource by determining the
				  applicant's or recipient's equity in that resource. Equity value is equal to
				  the dollar amount that results from subtracting all legitimate debt secured by
				  legal encumbrance on the title to the property from the fair market value of
				  the property.
(b) To determine the
				  fair market value of a stock or bond that fluctuates in market value, the
				  department will use the lowest market quotation for that stock or bond over the
				  30-day period immediately preceding the date the department makes its
				  determination. For the purposes of this section, a fee charged to sell a stock,
				  bond, or security is a legal encumbrance.
(c) If an applicant or recipient of Family
				  Medicaid is living with a recipient of SSI or APA, a jointly held resource will
				  be prorated. If an applicant or recipient of Family Medicaid is not living with
				  an SSI or APA recipient, the department will determine the value of a jointly
				  held resource as follows:
(1) if the joint
				  owners of a resource are legally married and living together, the department
				  will consider the resource to belong equally to each;
(2) the department will consider an applicant
				  or recipient to have no equity in property owned jointly by the applicant or
				  recipient and an absent spouse who cannot be located or refuses to sell or to
				  assign the property;
(3) except as
				  provided in
				  7 AAC 100.138(q), the department will
				  consider an applicant's or recipient's equity in a jointly owned bank account
				  to be the entire amount in the account if the applicant or recipient can
				  withdraw money from the account without the consent or approval of the other
				  person and can use the money for any purpose without incurring liability to the
				  other person.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 7 - Medicaid Assistance Eligibility › Chapter 100 - Medicaid Eligibility › Article 2 - Family Medicaid › 7 AAC 100.150 - Availability of income

Current through May 31, 2024
(a) In determining
				  eligibility for Family Medicaid benefits, the only money the department will
				  consider to be income to a Family Medicaid household is money that is
(1) received or anticipated to be received by
				  an individual included in the household; or
(2) available or anticipated to be available
				  to meet the financial needs of an individual included in the household in the
				  month for which the department is determining need.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 7 - Medicaid Assistance Eligibility › Chapter 100 - Medicaid Eligibility › Article 2 - Family Medicaid › 7 AAC 100.152 - Income period

Current through May 31, 2024
The department will determine, on a monthly basis,
					 eligibility for Family Medicaid benefits and when income is considered
					 available to the applicant or recipient. The department will consider all
					 income that is received or may be reasonably anticipated to be received in a
					 month to actually be available to the applicant or recipient in that
					 month.
Authority:
AS
						47.05.010
AS 47.07.020
AS
						47.07.040
Alaska Administrative Code › Title 7 - Health and Social Services › Part 7 - Medicaid Assistance Eligibility › Chapter 100 - Medicaid Eligibility › Article 2 - Family Medicaid › 7 AAC 100.154 - Prospective eligibility determination

Current through May 31, 2024
The department will determine the prospective eligibility
					 of a household by making, under
					 7 AAC 100.168, its best estimate of income, resources,
					 and other circumstances that are anticipated to exist for the household during
					 the month for which eligibility is being determined. To determine what it
					 anticipates to exist with respect to resources and other circumstances of the
					 household, the department will consider the
(1) circumstances of the preceding month and
				  the current month that will affect Family Medicaid eligibility; and
(2) household's estimate of what is likely to
				  change during the month for which eligibility is being determined.
Authority:
AS
						47.05.010
AS 47.07.020
AS
						47.07.040
Alaska Administrative Code › Title 7 - Health and Social Services › Part 7 - Medicaid Assistance Eligibility › Chapter 100 - Medicaid Eligibility › Article 2 - Family Medicaid › 7 AAC 100.156 - Separating income from resources

Current through May 31, 2024
(a) Except as
				  otherwise provided in this chapter, the department will consider money received
				  by an individual included in the household to be income in the month it was
				  received. If any of that money remains available to the household in the next
				  month, the department will consider the remaining money a resource of the
				  household.
(b) Except as otherwise
				  provided in this chapter, the department will consider a cash payment made to
				  an individual included in the household to be income only for one month. A cash
				  payment becomes income on the first day it is available to an individual
				  included in the household.
Authority:
AS
						47.05.010
AS 47.07.020
AS
						47.07.040
Alaska Administrative Code › Title 7 - Health and Social Services › Part 7 - Medicaid Assistance Eligibility › Chapter 100 - Medicaid Eligibility › Article 2 - Family Medicaid › 7 AAC 100.158 - Types of income

Current through May 31, 2024
(a) For the purpose of determining Family
				  Medicaid eligibility, the department will review all household income that is
				  not exempt income under
				  7 AAC 100.160 and
				  7 AAC 100.162 to determine if that income is earned
				  income, self-employment income, or unearned income.
(b) Earned income is gross income paid in
				  cash or in kind as wages, salary, or commissions, and that is earned by an
				  employee in exchange for the performance of services by the employee, before
				  any deductions are made for the cost of earning that income, including taxes,
				  child care, or transportation expenses. An employee's earned income includes
(1) all payments made at one time to that
				  employee by the employer for services performed by the employee;
(2) full or partial in-kind compensation
				  earned directly from employment;
(3) any nonemployer compensation earned
				  directly from employment, including tips;
(4) in-kind earned income under (e) of this
				  section; and
(5) income generated
				  from participation under 29
				  U.S.C. 2801 -
				  2945 (Workforce Investment Act of
				  1998), if the participant is a parent or other caretaker relative included in
				  the household.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 7 - Medicaid Assistance Eligibility › Chapter 100 - Medicaid Eligibility › Article 2 - Family Medicaid › 7 AAC 100.162 - Child-student earned income exemption

Current through May 31, 2024
(a) The earned
				  income of a dependent child who is a full-time or part-time student is exempt
				  when determining Family Medicaid eligibility.
(b) In this section,
(1) "full-time student" means a student who
				  is regularly attending
(A) vocational
				  training that is designed to prepare a student or gainful employment, including
				  participation in the Job Corps program established under
				  29 U.S.C.
				  2881 -
				  2901, for at least 30 hours a week
				  if the program involves shop practices or at least 25 hours a week if the
				  program does not involve shop practices;
(B) a college or university for at least 12
				  semester or quarter credit hours a semester or quarter;
(C) a high school for at least 25 hours a
				  week or, if in a high school cooperative or apprenticeship training program,
				  full-time as defined by that program; or
(D) an accredited correspondence course for
				  at least 25 hours a week;
Alaska Administrative Code › Title 7 - Health and Social Services › Part 7 - Medicaid Assistance Eligibility › Chapter 100 - Medicaid Eligibility › Article 2 - Family Medicaid › 7 AAC 100.164 - Income from educational grants

Current through May 31, 2024
Except for those portions administered, funded, or insured
					 under 20 U.S.C.
					 1070 -
					 1099c-2 (Title IV of the Higher
					 Education Act of 1965), or under a United States Department of Interior, Bureau
					 of Indian Affairs student assistance program, an educational grant,
					 scholarship, or other award for educational purposes available to an individual
					 whose income is used to determine the Family Medicaid benefits of a household
					 is included in monthly unearned income according to the following
					 calculation:
(1) the department will
				  total all educational grants, scholarships, awards, and any other type of
				  earned or unearned income that is received specifically because of the
				  individual's status as a student and that must be used to pay tuition and
				  fees;
(2) from the total calculated
				  under (1) of this section, the department will subtract the actual amount paid
				  for
(A) tuition and mandatory school fees at
				  any educational institution, including a correspondence school or a school for
				  persons with physical or mental disabilities;
(B) books, school supplies, special clothing,
				  tools, or other items that are considered necessary to the student's course of
				  study; and
(C) the child care
				  necessary to allow that student to attend school; the child care limits of
				  7 AAC 100.186(a) do not
				  apply;
Alaska Administrative Code › Title 7 - Health and Social Services › Part 7 - Medicaid Assistance Eligibility › Chapter 100 - Medicaid Eligibility › Article 2 - Family Medicaid › 7 AAC 100.166 - Child support income

Current through May 31, 2024
(a) Except as provided in (b) of this
				  section, a child support payment made in cash is income for the purpose of
				  determining eligibility for Family Medicaid when that child support payment is
				  actually received.
(b) Of a child
				  support payment that is received by the applicant or recipient directly from
				  the parent, $50 is exempt income. If an applicant or recipient keeps more than
				  $50 of the total amount of direct child support payments received in one month,
				  the amount in excess of $50 will be considered unearned income.
(c) A child support payment made by any means
				  other than cash will not be considered income under this section.
(d) A child support payment will be
				  considered income under this section whether the payment is made voluntarily or
				  involuntarily.
Authority:
AS
						47.05.010
AS 47.07.020
AS
						47.07.040
Alaska Administrative Code › Title 7 - Health and Social Services › Part 7 - Medicaid Assistance Eligibility › Chapter 100 - Medicaid Eligibility › Article 2 - Family Medicaid › 7 AAC 100.168 - Best estimate of prospective income

Current through May 31, 2024
(a) For the purpose
				  of determining the eligibility of a household for Family Medicaid benefits
				  under 7 AAC 100.154, the department will
				  make a best estimate of the prospective income for a household by using the
				  actual income received or anticipated to be received in the month for which the
				  determination is being made.
(b) If
				  receipt of income from a source cannot reasonably be anticipated in a month for
				  which a determination is being made, the department will not include income
				  from that source in the estimate of income.
(c) If income from a source can reasonably be
				  anticipated to be received in a month for which a determination is being made
				  but the monthly amount is uncertain, the department will include in the
				  estimate of income only that amount that can be anticipated with reasonable
				  certainty. In determining the amount of income anticipated to be received, the
				  department may average the monthly income received from the source in previous
				  months.
(d) If income from a source
				  is received on a weekly or biweekly basis, the department will estimate the
				  anticipated monthly income by multiplying weekly amounts by 4.3 and biweekly
				  amounts by 2.15.
Authority:
AS
						47.05.010
AS 47.07.020
AS
						47.07.040
Alaska Administrative Code › Title 7 - Health and Social Services › Part 7 - Medicaid Assistance Eligibility › Chapter 100 - Medicaid Eligibility › Article 2 - Family Medicaid › 7 AAC 100.170 - Lump-sum earned income

Current through May 31, 2024
(a) If an applicant
				  or recipient works for more than one month before receiving a single payment in
				  full settlement for the work performed, regardless of whether that person is an
				  employee or self-employed, working with or without a contract, the department
				  will
(1) prorate the income over the number
				  of months the payment is intended to cover; and
(2) in each of the months the applicant or
				  recipient actually works, but not in other prorated or contract months, allow
				  the applicant or recipient the earned income deductions under
				  7 AAC 100.184 and the incapacitated-parent and
				  child-care disregards under
				  7 AAC 100.186.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 7 - Medicaid Assistance Eligibility › Chapter 100 - Medicaid Eligibility › Article 2 - Family Medicaid › 7 AAC 100.172 - Self-employment income

Current through May 31, 2024
(a) Nonpersonal
				  costs of doing business allowed under this section may not be deducted from
				  income received from the production or sale of goods or services unless the
				  department has determined that the individual is self-employed under this
				  section. An individual is self-employed if the individual
(1) has a business license to engage in that
				  work, as required by AS 43.70, or any other license, permit, or certificate
				  necessary to perform that work as required by a state or local government;
				  or
(2) files annual federal tax
				  returns showing that the income is from self-employment.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 7 - Medicaid Assistance Eligibility › Chapter 100 - Medicaid Eligibility › Article 2 - Family Medicaid › 7 AAC 100.174 - Prorating self-employment income

Current through May 31, 2024
The department will prorate self-employment income, as
					 determined under
					 7 AAC 100.172(i), over
(1) a 12-month period if the yearly
				  self-employment income exceeds 185 percent of the federal poverty guidelines
				  for this state, adopted by reference under
				  7 AAC 100.980, for the size of the household;
(2) the months of the normal season of work,
				  or the months a self-employed individual is reasonably expected to work over a
				  12-month period, if the yearly self-employment income is equal to or less than
				  185 percent of the federal poverty guidelines for this state, adopted by
				  reference under
				  7 AAC 100.980, for the size of the household, and the
				  self-employment income is available to the individual during the period of
				  self-employment; or
(3) a number of
				  months equal to the number of months of self-employment if the yearly
				  self-employment income is equal to or less than 185 percent of the federal
				  poverty guidelines for this state, adopted by reference under
				  7 AAC 100.980, for the size of the household, and the
				  self-employment income is not available to the individual during the period of
				  self-employment; the proration under this paragraph begins the first month the
				  household receives the income, or the month after the department provides the
				  household with notice of proposed agency action under
				  7 AAC 49.060.
Authority:
AS
						47.05.010
AS 47.07.020
AS
						47.07.040
Alaska Administrative Code › Title 7 - Health and Social Services › Part 7 - Medicaid Assistance Eligibility › Chapter 100 - Medicaid Eligibility › Article 2 - Family Medicaid › 7 AAC 100.176 - Income of the sponsor of an alien and disqualified alien

Current through May 31, 2024
(a) In determining
				  the income eligibility of an alien applicant as identified in
				  7 AAC 100.050 and
				  7 AAC 100.052, the department will include, in
				  accordance with (b) of this section, the combined total monthly income of an
				  alien's sponsor and the sponsor's spouse who is living with the sponsor, if the
				  sponsor
(1) or the sponsor's spouse are not
				  receiving Family Medicaid or SSI; and
(2) signed an I-864 affidavit of sponsorship
				  form on or after December 19, 1997, or a successor form issued by
				  USCIS.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 7 - Medicaid Assistance Eligibility › Chapter 100 - Medicaid Eligibility › Article 2 - Family Medicaid › 7 AAC 100.178 - Income of a stepparent, grandparent, and sibling

Current through May 31, 2024
(a) Except as
				  provided in (c) of this section, when determining the income eligibility of a
				  Family Medicaid household, the department will include in the household's total
				  monthly income the income of the stepparent who is living in the household,
				  after applying the following deductions to the stepparent's income:
(1) the first $90 of the earned income of the
				  stepparent in the month;
(2) an
				  additional amount for the support of the stepparent and any other individual
				  who is living in the home, but whose financial needs are not taken into account
				  in making the Family Medicaid eligibility determination and who is or could be
				  claimed by the stepparent as a dependent for purposes of determining the
				  stepparent's federal personal income tax liability; this deducted amount equals
				  the need standard in
				  7 AAC 100.190(a) for a household of the
				  same size as a household comprised of the stepparent and the number of
				  dependents supported; if the stepparent does not support dependents outside the
				  household, the monthly deduction is $729, adjusted each year as specified in
				  7 AAC 100.190(b);
(3) an amount actually paid by the stepparent
				  to an individual not living in the home but who is or could be claimed by the
				  stepparent as a dependent for purposes of determining the stepparent's federal
				  personal income tax liability;
(4)
				  a payment by the stepparent for alimony, spousal support, or child support with
				  respect to individuals not living in the household.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 7 - Medicaid Assistance Eligibility › Chapter 100 - Medicaid Eligibility › Article 2 - Family Medicaid › 7 AAC 100.180 - Income eligibility determination

Current through May 31, 2024
(a) Before
				  determining eligibility under (b) of this section, the department will first
				  determine if a household's
(1) resources are
				  within the limits of
				  7 AAC 100.130; and
(2) total monthly income is equal to, or less
				  than, the applicable 185-percent standard established in
				  7 AAC 100.190.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 7 - Medicaid Assistance Eligibility › Chapter 100 - Medicaid Eligibility › Article 2 - Family Medicaid › 7 AAC 100.184 - Deductions from income

Current through May 31, 2024
In calculating a household's countable income under
					 7 AAC 100.180(b), the department will
					 deduct
(1) $90 from the total gross
				  monthly earned income of each individual included in the household who is
				  employed and has not received Medicaid benefits in the state in any of the four
				  months immediately preceding that individual's current eligibility for
				  assistance under this chapter;
(2)
				  $150 from the total gross monthly earned income, plus 33 percent of any
				  remaining earned income, of each individual included in the household who is
				  employed and has received Medicaid benefits in the state in any of the four
				  months, including retroactive months under
				  7 AAC 100.072, immediately preceding that individual's
				  current eligibility for assistance under this chapter; and
(3) child support payments made by an
				  individual whose income is considered available to the household.
Authority:
AS
						47.05.010
AS 47.07.020
AS
						47.07.040
Alaska Administrative Code › Title 7 - Health and Social Services › Part 7 - Medicaid Assistance Eligibility › Chapter 100 - Medicaid Eligibility › Article 2 - Family Medicaid › 7 AAC 100.186 - Incapacitated-parent and child-care disregard

Current through May 31, 2024
(a) In calculating
				  a household's countable income under
				  7 AAC 100.180(b), the department will
				  disregard, as a necessary cost of earning income, the anticipated cost for the
				  care of a child or incapacitated parent whose financial needs are included in
				  the Family Medicaid eligibility determination, if the anticipated cost is
				  expected to be paid by an individual whose financial needs are included in the
				  Family Medicaid eligibility determination, subject to the following
				  limitations:
(1) the department will
				  disregard only the charges for an individual's anticipated hours of work plus
				  reasonable direct commuting time, if the care provider charges by the
				  hour;
(2) the department will
				  disregard up to
(A) $200 each month for each
				  dependent child under two years of age whose financial needs are included in
				  determining Family Medicaid eligibility;
(B) $175 each month for each dependent child
				  two years of age or older whose financial needs are included in determining
				  Family Medicaid eligibility; and
(C) $175 each month for an incapacitated
				  parent whose financial needs are included in determining Family Medicaid
				  eligibility.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 7 - Medicaid Assistance Eligibility › Chapter 100 - Medicaid Eligibility › Article 2 - Family Medicaid › 7 AAC 100.190 - Family Medicaid qualifying income standards

Current through May 31, 2024
(a) The department
				  will determine a Family Medicaid household's income eligibility under
				  7 AAC 100.180 and Under-21 household eligibility under
				  7 AAC 100.252 and
				  7 AAC 100.254 by using the following qualifying income
				  standards:
(1) adult-included standards, used
				  when the household includes only one caretaker relative:
Household
Size 185-Percent
Standard Need
Standard 1 $ 1,393 $ 7532 2,225 1,2033 2,504 1,3544 2,784
					 1,5055 3,063 1,6566 3,342 1,8077 3,622 1,958 Each Additional
Child 279 151
(2) adult-not-included, child-only standards,
				  used when no caretaker relative is included in the household; household size is
				  the total number of dependent children who are included in the household:
Household
Size 185-Percent Standard
Need Standard 1 $ 1,222 $ 6612 1,502 8123 1,781 9634 2,060
					 1,1145 2,340 1,2656 2,619 1,4167 2,898 1,567 Each Additional
Child 279 151
Alaska Administrative Code › Title 7 - Health and Social Services › Part 7 - Medicaid Assistance Eligibility › Chapter 100 - Medicaid Eligibility › Article 2 - Family Medicaid › 7 AAC 100.199 - Family Medicaid definitions

Current through May 31, 2024
In
					 7 AAC 100.100 -
					 7 AAC 100.199, unless the context requires
					 otherwise,
(1) "countable income"
				  means total monthly income less all applicable deductions and disregards from
				  income under
				  7 AAC 100.184 and
				  7 AAC 100.186;
(2) "dependent child" means an individual
				  determined to be a dependent child under
				  7 AAC 100.104(a) (1);
(3) "earned income" means nonexempt gross
				  income earned as an employee;
(4)
				  "home" means the family setting maintained, or in the process of being
				  established, as evidenced by assumption and continuation of responsibility for
				  day-to-day care of the child by the caretaker relative with whom the child is
				  living; a home exists as long as the relative exercises responsibility for the
				  care and control of the child, even though the child or the caretaker relative
				  is temporarily absent from the home;
(5) "included in the household" means that
(A) an individual's financial needs, income,
				  and resources are considered when determining financial eligibility;
				  and
(B) the individual is counted
				  in the household size, for purposes of determining the appropriate qualifying
				  income standard under
				  7 AAC 100.190;
Alaska Administrative Code › Title 7 - Health and Social Services › Part 7 - Medicaid Assistance Eligibility › Chapter 100 - Medicaid Eligibility › Article 3 - Transitional Medicaid and Extended Medicaid › 7 AAC 100.200 - Eligibility for Transitional Medicaid benefits

Current through May 31, 2024
(a) Medicaid
				  eligibility under
				  7 AAC 100.002(a) (2) and
				  7 AAC 100.200 -
				  7 AAC 100.209 is available for up to 12 months if the
				  household
(1) was eligible for and in receipt
				  of Family Medicaid in any three of the six months, including months of
				  retroactive eligibility, immediately preceding the month in which the household
				  became ineligible for Family Medicaid; and
(2) became ineligible for Family Medicaid
				  under (b) of this section because of an increase in the earnings of a caretaker
				  relative due to an increase in hours worked or in the rate of pay.
(3) repealed 10/1/2009.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 7 - Medicaid Assistance Eligibility › Chapter 100 - Medicaid Eligibility › Article 3 - Transitional Medicaid and Extended Medicaid › 7 AAC 100.202 - Household composition under Transitional Medicaid

Current through May 31, 2024
(a) The department
				  will determine Transitional Medicaid eligibility for the Transitional Medicaid
				  household. A Transitional Medicaid household includes
(1) all individuals who are living together
				  and whose income and financial needs were included in determining Family
				  Medicaid eligibility for the month Family Medicaid was terminated;
(2) all individuals whose income, but not
				  financial needs, were included when determining Family Medicaid eligibility for
				  the month Family Medicaid was terminated; and
(3) all individuals whose income and
				  financial needs would be included in determining the Family Medicaid
				  eligibility of the caretaker relative's household if the household were
				  applying in the current month.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 7 - Medicaid Assistance Eligibility › Chapter 100 - Medicaid Eligibility › Article 3 - Transitional Medicaid and Extended Medicaid › 7 AAC 100.204 - Eligibility

Current through May 31, 2024
(a) Transitional Medicaid begins the first
				  month after the month the department
(1)
				  terminates Family Medicaid eligibility; or
(2) would have terminated Family Medicaid
				  eligibility had
(A) the household timely
				  reported increased earnings as required under
				  7 AAC 100.900; and
(B) the department acted within 10 days after
				  receiving that report to provide timely notice of proposed agency action under
				  7 AAC 49.060.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 7 - Medicaid Assistance Eligibility › Chapter 100 - Medicaid Eligibility › Article 3 - Transitional Medicaid and Extended Medicaid › 7 AAC 100.208 - Reinstatement of Transitional Medicaid

Current through May 31, 2024
(a) The department
				  will reinstate a terminated Transitional Medicaid benefit only if
(1) reinstatement is ordered following a
				  hearing under 7 AAC 49;
(2) the
				  household moved out of state and then returned to this state; or
(3) the caretaker relative makes a timely
				  request for continuation of benefits pending a hearing decision under
				  7 AAC 49.190.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 7 - Medicaid Assistance Eligibility › Chapter 100 - Medicaid Eligibility › Article 3 - Transitional Medicaid and Extended Medicaid › 7 AAC 100.209 - Definitions for Transitional Medicaid

Current through May 31, 2024
In
					 7 AAC 100.200 -
					 7 AAC 100.209, "earnings" means the sum of monthly
					 earned income and self-employment income. In this section, "earned income" and
					 "self-employment income" have the meaning given in
					 7 AAC 100.199.
Authority:
AS
						47.05.010
AS 47.07.020
AS
						47.07.040
Alaska Administrative Code › Title 7 - Health and Social Services › Part 7 - Medicaid Assistance Eligibility › Chapter 100 - Medicaid Eligibility › Article 3 - Transitional Medicaid and Extended Medicaid › 7 AAC 100.210 - Extended Medicaid because of child support received

Current through May 31, 2024
(a) Medicaid
				  eligibility under
				  7 AAC 100.002(a) (3) will be extended
				  up to four months after a household loses Family Medicaid eligibility under
				  7 AAC 100.002(a) (1) if the household
(1) was eligible for and in receipt of Family
				  Medicaid in any three of the six months, including any month of retroactive
				  eligibility, immediately preceding the month in which the household became
				  ineligible for Family Medicaid;
(2)
				  becomes ineligible for Family Medicaid under (b) of this section because of
				  increased receipt of child support by direct payment or through the child
				  support services agency; and
(3)
				  retains residency in the state.