(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.
(Eff. 4/6/91, Register 118; am 10/10/96, Register 140; am 8/25/2010, Register 195)
Authority: AS 47.05.010, AS 47.25.430, AS 47.25.460