Section 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 persons with intellectual and developmental disabilities, or other medical institution;
        (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 individual's
        (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 persons with intellectual and developmental disabilities, 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 community-based services.
   (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.
   (h) In addition to the claims allowed under the other provisions of this section, the state may file a claim under AS 06.65.320 against the amount in an individual's program account after the individual dies. Notwithstanding the other provisions of this section, the claim is subject to the requirements of 26 U.S.C. 529A (f) (Internal Revenue Code). In this subsection, "program account" has the meaning given in AS 06.65.390.

Authorities

13.33.101

Notes

Recent Bills that will modify this

HB 188 PERSON W/DISABILITY SAVINGS ACCOUNTS
SB 104 PERSON W/DISABILITY SAVINGS ACCOUNTS

Implemented As

7 AAC 160.210
7 AAC 160.220
7 AAC 160.230
7 AAC 160.240
7 AAC 160.250
7 AAC 160.990

References

7 AAC 160.210
7 AAC 160.220
AS 13.33.101 Nonprobate transfers on death.

History

(Sec. 21 ch 102 SLA 1994; am Sec. 18, 19 ch 42 SLA 2013; am Sec. 6 ch 56 SLA 2016)