Section 7.160.210. Estate recovery.

	(a)  At the time of application, the department will notify each applicant for medical assistance that the estate of an individual who received medical assistance benefits may be subject to a claim for recovery under AS 47.07.055 and 7 AAC 160.210 - 7 AAC 160.250.  
	(b)  When the state determines under 7 AAC 160.220 that a recipient who is subject to estate recovery under AS 47.07.055 cannot be expected to return home or has died, the department will determine  
		(1) the estimated value of the estate;  
		(2) if there is a surviving spouse or other estate beneficiaries; and  
		(3) if proceeding with recovery in accordance with (c) of this section will be permissible and cost effective.  
	(c)  The department will pursue a claim only if it determines that the potential recovery amount would result in twice the administrative and legal cost of pursuing the claim, with a minimum pursuable net amount of $10,000. In assessing the value of an estate, the department will consider allowances and all other claims against the estate having precedence under state statute. For the purposes of this subsection "administrative and legal costs" include the costs of  
		(1) advertising, filing, and exercising a lien;  
		(2) legal representation of the state;  
		(3) tracking property with potential for a lien and then tracking its subsequent recovery;  
		(4) repair of the property to bring it into saleable condition;  
		(5) insurance to protect the asset; and  
		(6) advertising, listing, and selling the home including all applicable closing fees.  
	(d)  When making a claim for reimbursement under AS 47.07.055(e), the department will include in that claim any hospital and prescription drug services provided to a recipient while the recipient was receiving services identified in AS 47.07.055(e)(1) or (2).  

Authorities

47.05.010;47.07.040;47.07.055

Notes

Reference

7 AAC 160.210
7 AAC 160.240

Authority

AS 47.05.010 AS 47.07.040 AS 47.07.055

History

Eff. 2/1/2010, Register 193