- Alaska Statutes.
- Title 47. Welfare, Social Services and Institutions
- Chapter 7. Medical Assistance For Needy Persons
- Section 55. Recovery of Medical Assistance From Estates.
previous: Section 50
. Implementation of the Medical Assistance Program.
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. Receipt of Federal Money.
AS 47.07.055. Recovery of Medical Assistance From Estates.
- (a) The estate of an individual who received medical assistance payments is subject to a claim for recovery of the medical
assistance after the individual's death that, except as provided in (b) of this section, may be secured by a lien filed
against the individual's real property during the individual's lifetime if the
- (1) individual was an inpatient in a nursing facility, intermediate care facility for the mentally retarded, or other
- (2) department required the individual, as a condition of receiving medical assistance under this chapter, to spend for
medical expenses all but a minimal amount of that individual's income; and
- (3) department determined during the individual's lifetime, after notice and opportunity for hearing, that the individual
could not reasonably be expected to be discharged from the institution and to return home.
- (b) A lien may not be filed under (a) of this section against an individual's home if the home is lawfully occupied by the
- (1) spouse;
- (2) child under age 21;
- (3) blind or disabled child as described in AS 47.25.615
(3) or (5) or 42 U.S.C. 1382(c); or
- (4) sibling, if the sibling has an equity interest in the home and was residing in the home for at least one year before
the date of the individual's admission to the institution.
- (c) The state may not recover the costs of medical assistance under a lien on a home under (a) of this section until after
the death of the individual's surviving spouse, if any, and only at a time when neither of the following is lawfully
residing in the home:
- (1) a sibling of the individual who was residing in the individual's home for a period of at least one year immediately
preceding the date of the individual's institutionalization and who has continuously resided in the home since the
institutionalization began; or
- (2) a son or daughter of the individual who
- (A) resided in the home for at least two years immediately preceding the date of the individual's institutionalization;
- (B) has continuously resided in the home since the institutionalization began; and
- (C) establishes to the department's satisfaction that the son or daughter provided care to the individual that allowed the
individual to reside in the home rather than in an institution.
- (d) A lien and claim authorized under (a) of this section are extinguished if, during the individual's lifetime, the
individual is discharged from the institution and returns home. However, a new lien and claim are authorized for
subsequent expenses if the circumstances described in (a) of this section occur after the individual returns home.
- (e) In addition to recovery of medical assistance upon sale of property subject to a lien authorized under (a) - (d) of
this section, after an individual's death, the individual's estate is subject to a claim for reimbursement for medical
assistance payments made on behalf of the individual under this chapter for the following services to the extent that
those services were provided when the individual was 55 years of age or older:
- (1) services received while an inpatient in a nursing facility, intermediate care facility for the mentally retarded, or
other medical institutions; and
- (2) home and community-based services provided through a waiver received from the federal government that allows home and
community-based services to be covered under this chapter for persons who are eligible for coverage under this chapter
while in an institution but who are able to avoid institutionalization because of the provision of home and
- (f) Other than a recovery upon sale of a home, a claim under this section may be made only after the death of the
individual's surviving spouse, if any, and only at a time when the individual has no surviving child under age 21 and
no surviving child who is blind or totally and permanently disabled.
- (g) For purposes of AS 13.16.470
, the claims authorized under this section are debts with preference under the laws of the state.
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