1. (a) The provisions of 7 AAC 100.600 - 7 AAC 100.619 apply to an individual who is eligible for Medicaid under an eligibility category identified in 7 AAC 100.002(a) - (e). However, an applicant or recipient may not use a recognized Medicaid trust under 7 AAC 100.604 to meet income and resource requirements for eligibility categories identified in 7 AAC 100.002(e).

2. (b) For the purposes of 7 AAC 100.600 - 7 AAC 100.619, an applicant or recipient is the grantor of a trust if

   1. (1) any amount of the applicant's or recipient's assets is used to form all or part of the corpus of the trust; and

   2. (2) the trust is created by

      1. (A) the applicant or recipient;
      2. (B) the applicant's or recipient's spouse;
      3. (C) an individual authorized to act on behalf of the applicant or recipient or applicant's or recipient's spouse; or
      4. (D) a court order.

3. (c) The provisions of 7 AAC 100.600 - 7 AAC 100.619 do not apply to a trust that

   1. (1) is established by a third party, including a trust established by will or other testamentary instrument; and
   2. (2) names the applicant or recipient as beneficiary or excludes the applicant's or recipient's income or resources.
4. (d) The provisions of this chapter that are applicable to an applicant's or recipient's eligibility category are used to determine whether a trust described in (c) of this section is a countable resource or if payment from the trust is income.
5. (e) A trust that is funded by the proceeds of a court settlement in which the applicant or recipient was a plaintiff is a trust created with the assets of the applicant or recipient and is subject to 7 AAC 100.600 - 7 AAC 100.619.
6. (f) If a transaction is identified in 7 AAC 100.600 - 7 AAC 100.619 as a transfer of an asset for less than fair market value under 7 AAC 100.510, an applicant or recipient may request an undue hardship exemption in accordance with 7 AAC 100.516.

(Eff. 7/20/2007, Register 183)

Authority: AS 47.05.010, AS 47.07.020, AS 47.07.040