Section 7 AAC 47.370 - Concurrent applications; reimbursement to department by resident or by assisted living home(a) Not later than 30 days after an individual applies for assistance under 7 AAC 47.300 - 7 AAC 47.535, the individual must also submit an application to each agency, organization, or program that provides financial assistance for which the individual may be eligible. The department, or a responsible person acting on the individual's behalf, may assist the individual in submitting each application. If the individual fails to apply for each program under this subsection, assistance under 7 AAC 47.300 - 7 AAC 47.535 will be denied unless the department determines that the individual is ineligible for a specified program. Under this subsection, an individual must apply for each of the following programs: (2) Supplemental Security Income (SSI);(4) adult public assistance (APA) under 7 AAC 40; and(5) the home and community-based waiver services program under 7 AAC 130.(b) In addition to the requirements of (a) of this section, the department may require an individual to apply for other benefits for which the department believes the individual is eligible, including veterans' and disability insurance benefits, workers' compensation, unemployment compensation, retirement system benefits, awards, or annuities. The department will provide 30 days' written notice to the individual if additional program applications are required. If the individual fails to apply for the benefits set out in the written notice, assistance under 7 AAC 47.300 - 7 AAC 47.535 may be denied, If the individual is a resident of an assisted living home when written notice is issued under this subsection, the department will provide a copy of the written notice to the assisted living home. An assisted living home that receives a notice under this subsection may choose to immediately issue a notice to the individual under 7 AAC 47.490, advising that the individual may be subject to involuntary discharge from the home if the individual fails to apply for benefits as requested by the department.(c) A resident of an assisted living home, placed in the home under 7 AAC 47.400, who is later determined eligible for other assistance applied for as required by (a) and (b) of this section, or whose total monthly countable income exceeds the minimum daily reimbursement rate set under 7 AAC 47.470, shall (1) inform the department of any payments or benefits for which the resident has been determined eligible; and(2) forward to the department (A) any retroactive payments received, up to the amount the department has provided for that resident under 7 AAC 47.300 - 7 AAC 47.535, if the additional assistance received is intended to cover any portion of the same care that the assistance under 7 AAC 47.300 - 7 AAC 47.535 covered for that resident; and(B) an amount that reimburses the department for assistance paid under this chapter for any period that the resident's total monthly countable income exceeded the minimum daily reimbursement rate set under 7 AAC 47.470.(d) If an assisted living home receives a payment, including a retroactive payment, from another agency, organization, or program, or from a family member, relative, or other person for providing care to a resident receiving assistance under 7 AAC 47.300 - 7 AAC 47.535, the administrator shall reimburse the department up to the amount the department has provided for that resident under 7 AAC 47.300 - 7 AAC 47.535 if the additional assistance received is intended to cover any portion of the same care that the assistance under 7 AAC 47.300 - 7 AAC 47.535 covered for that resident.(e) The department may require an assignment of rights to bill for and receive reimbursement for assistance provided under 7 AAC 47.300 - 7 AAC 47.535 from (1) a resident receiving assistance under 7 AAC 47.300 - 7 AAC 47.535; or(2) an assisted living home that is entitled to receive a retroactive payment from another agency, organization, or program for providing care to a resident receiving assistance under 7 AAC 47.300 - 7 AAC 47.535 for financial assistance received that is intended to cover any portion of the same care that the assistance under 7 AAC 47.300 - 7 AAC 47.535 covered for that resident. Eff. 11/23/80, Register 76; am 6/18/82, Register 82; am 1/14/2000, Register 153; am 6/28/2002, Register 162; am 7/17/2024, Register 251, October 2024Authority:AS 47.05.010
AS 47.25.120