1. (a) Notwithstanding 7 AAC 100.300 - 7 AAC 100.304, the department will determine Family Medicaid eligibility for a pregnant woman who does not have other children living in the household who are eligible for Family Medicaid, if the pregnant woman is in the last 91 days of pregnancy, including the estimated day of delivery. The department will determine eligibility as if the child has been born, considering the income and resources of all individuals living together who will be included in the Family Medicaid household when the child is born.
2. (b) If a pregnant woman described in (a) of this section is unmarried and living with a man who claims to be the biological father of the unborn child, the department will require, as a condition of Family Medicaid eligibility, the man to acknowledge paternity by signing a form provided by the department.

3. (c) If a pregnant woman described in (a) of this section is married at the time of conception, the department will consider the spouse at the time of conception to be the unborn child's biological father unless

   1. (1) paternity has been determined otherwise by a court, administrative agency, or quasi-judicial entity authorized by law to determine parentage; or
   2. (2) affidavits that meet the requirements of AS 18.50.160(d)(2) and (g) are submitted to the department.
4. (d) The man who claims to be the biological father of the unborn child of a woman described in (a) of this section and who lives in the household is not eligible for Family Medicaid until the baby is born and the household is otherwise eligible for Family Medicaid.

5. (e) To be eligible for Family Medicaid under this section, the pregnancy and the estimated date of delivery must be verified by

   1. (1) a physician;
   2. (2) a public health nurse employed by the department;
   3. (3) a physician assistant;
   4. (4) an advanced nurse practitioner, with nurse-midwife certification; or
   5. (5) a primary community health aide, if one of the medical professionals listed in (1) - (4) of this subsection is not available in the applicant's home community on the day pregnancy is verified; in this paragraph, "primary community health aide" has the meaning given in AS 18.28.100.
6. (f) If the expected date of delivery for a pregnant woman described in (a) of this section changes during the course of the pregnancy, the pregnant woman may continue to be eligible for Family Medicaid if 91 or fewer days remain in the pregnancy.

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