Section 7.40.385. Payments for temporarily institutionalized individuals.

	(a)  An eligible recipient who is a patient of a long-term care facility, psychiatric facility, or hospital under 7 AAC 105  - 7 AAC 160, or residing in an Alaska Pioneers' Home as described in 7 AAC 74.010, may remain eligible for assistance under this chapter for any of the first three full months of medical confinement if  
		(1) a physician certifies in writing that the recipient is expected to be institutionalized for no more than 90 full consecutive days;  
		(2) the recipient, or a person acting responsibly on the recipient's behalf, certifies in writing that the recipient needs continued benefits to pay for a home or living arrangement to which the recipient may return; and,  
		(3) the written certifications described in paragraphs (1) and (2) of this subsection are provided to the division no later than the 90th day of residence in a facility or hospital described in (a) of this section, or the day of release, whichever occurs earlier; if the 90th day falls on a Saturday, Sunday, or state holiday, the deadline for providing the statements is close-of-business on the next working day of the division; if the certification described in paragraph (1) of this subsection is not received within the required 90-day period due to circumstances beyond the control of the applicant, it will be accepted so long as the physician prepared the certification within the required 90-day period.  
	(b)  A recipient eligible under subsection (a) of this section is entitled to receive benefits as if the recipient was physically residing in his or her last permanent living arrangement.  
	(c)  Payments made under this section are not overpayments if the recipient's actual stay exceeds 90 consecutive days.  
	(d)  For purposes of this section, "recipient" means an individual who is receiving assistance under this chapter at the time he or she is institutionalized.  

Authorities

47.05.010;47.25.430;47.25.460

Notes

Reference

7 AAC 40.130
7 AAC 40.390
7 AAC 47.553
7 AAC 47.822

Authority

AS 47.05.010 AS 47.25.430 AS 47.25.460

History

Eff. 4/6/91, Register 118; am 10/10/96, Register 140; am 8/25/2010, Register 195