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7 AAC 47.280. General Relief Medical waivers for persons requiring long-term care services. (a) A person who requires a level of medical or rehabilitative care that could appropriately be provided in a skilled nursing facility or an intermediate care facility may apply to the department for waiver of any or all of the following standards of and requirements for eligibility for General Relief Medical assistance:

(1) the need standards of 7 AAC 47.150;

(2) the resource requirements of 7 AAC 47.160; and

(3) the service limitations of 7 AAC 47.200. (b) A person who applies for a waiver of 7 AAC 47.150 or 7 AAC 47.160 must demonstrate by clear and convincing evidence, that

(1) he or she meets all requirements and standards for General Relief Medical assistance other than those standards and requirements for which he or she seeks a waiver; and

(2) unusual circumstances exist that prevent the eligibility criteria that would be waived from accurately reflecting his or her financial need. (c) As a condition of a waiver of 7 AAC 47.150, the needy person receiving the waiver must participate in paying the cost of services for which the department will pay under the waiver, by expending, for his or her care, all of his or her total monthly income in excess of the personal needs allowance specified in 7 AAC 40.390. If the person has a spouse living at home, the department will allow the person to retain an additional amount for maintenance of the spouse which is equal to the appropriate individual need standard specified in 7 AAC 40.310. If the person has dependent children, as defined in AS 47.25.410(3), the department will allow the person to retain, for support of the dependent children, an amount equal to the appropriate need standard specified in AS 47.25.320. (d) As a condition of a waiver of 7 AAC 47.160, the person receiving the waiver agrees

(1) to apply for any prior resources for which he or she may be eligible, and to expend any such resources for the cost of services provided through the department; and

(2) to expend, either directly or through voluntary assignment of his or her interest to the state, all of his or her personal resources, including equity in land, buildings, including his or her home, businesses, or vehicles, for the cost of his or her care. (e) Under a voluntary assignment of the person’s home to the state under (d)(2) of this section, a spouse or a minor or disabled child of a person receiving a waiver, who is living in the home will be permitted to remain living in the home until the spouse dies, the disabled child dies, or until the minor child reaches the age of majority, whichever occurs latest.