Section 7.100.068. Living in a public institution.

	(a)  Except as provided in this section, the department will not reimburse Medicaid services provided to a Medicaid-eligible individual while the individual resides in a public institution, regardless of whether placement was voluntary or involuntary, unless the individual is  
		(1) living in a public institution solely to receive educational or vocational training;  
		(2) placed in a public institution on a short-term emergency basis pending placement in a living arrangement appropriate to the individual's needs;  
		(3) living in a correctional facility or juvenile facility but received medical care while an inpatient in a medical institution for at least 24 hours; or  
		(4) living in a substance abuse treatment facility or a halfway house that has a contract with the state to provide treatment and monitoring.  
	(b)  The following individuals living in a public institution may become Medicaid-eligible while residing in, or retain their existing eligibility upon entry into, the public institution, if all applicable Medicaid eligibility requirements are met:  
		(1) a prisoner who is in a correctional facility under AS 33.30;  
		(2) a delinquent minor who is in the custody of the department under AS 47.12.120(b)(l) or 47.12.240.  
	(c)  In this section,  
		(1) "correctional facility" has the meaning given in AS 33.30.901;  
		(2) "delinquent minor" has the meaning given in AS 47.12.990;  
		(3) "juvenile facility" has the meaning given in 7 AAC 52.900;  
		(4) "prisoner"  
			(A) has the meaning given in AS 33.30.901;  
			(B) includes an individual who  
				(i) is on temporary furlough; or  
				(ii) has temporarily left a correctional facility or public institution for treatment in an acute care medical facility;  
		(5) "public institution"  
			(A) means an institution, including a correctional facility or juvenile detention facility, that is the responsibility of a governmental unit or over which a governmental unit exercises administrative control;  
			(B) does not include a medical institution.  

Authorities

47.05.010;47.07.020;47.07.040

Notes

Reference

7 AAC 100.070

Authority

AS 47.05.010 AS 47.07.020 AS 47.07.040

History

Eff. 7/20/2007, Register 183; am 1/1/2011, Register 196; am 9/20/2015, Register 215