Section 7 AAC 160.220 - Liens(a) For purposes of AS 47.07.055(a)(3), if a recipient resides in a medical institution for at least 120 consecutive days, the department will give the recipient (1) notice of its intent to determine that the recipient is not reasonably expected to be discharged from the institution and return home; and(2) an opportunity for a hearing regarding that determination.(b) A transfer from one medical institution to another does not interrupt the 120-day period for the purposes of (a) of this section. A discharge from a medical institution to a community setting terminates the 120-day period. Re-admission to a medical institution starts a new 120-day period.(c) The department will not pursue recovery under a lien filed under AS 47.07.055(a) against a recipient's home while the recipient's child 21 years of age or older is lawfully residing in the home and can provide documentation that (1) the child resided with the recipient in the recipient's home for at least 24 months immediately preceding the recipient's admission into a medical institution;(2) the child has continued to reside in the recipient's home continuously since the institutionalization began; and(3) the care the child provided enabled the recipient to stay at home rather than move to a medical institution.(d) Documentation under (c) of this section must include (1) written evidence that the child used the recipient's address as the child's mailing address on the child's driver's license or voter registration, and that the child's address remained unchanged throughout this entire time period; and(2) a written statement from the recipient residing in a medical institution or the recipient's treating physician that the child's presence in the home had enabled the recipient to live in the community longer, postponing the need to move to the medical institution.(e) If the department has decided to place a lien on real property of a recipient, the department shall notify the recipient of the department's intent to place a lien on the real property and to proceed with recovery on the lien after the death of the recipient's surviving spouse, if any. In the notice, the department will include(1) the recipient's name, date of birth, and date of death, if deceased;(2) the definition of the term "lien";(3) an explanation that estate beneficiaries will not lose ownership of the real property if the lien is imposed;(4) the amount of recoverable Medicaid benefits correctly paid on behalf of the recipient;(5) the department's intent to file a lien against the recipient's real property to recover the applicable Medicaid benefits paid on behalf of the recipient; and(6) how to request a hardship waiver and how to appeal the department's decision to proceed with recovery.Eff. 2/1/2010, Register 193Authority:AS 47.05.010
AS 47.07.040
AS 47.07.055