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(f) As a condition of a waiver of 7 AAC 47.150 or 7 AAC 47.160, the department will require

(1) each person liable for the support of a person receiving a waiver to do either or both of the following:

(A) apply for any insurance benefits or assistance available to the person that may pay for the services to the person receiving the waiver; or

(B) submit an application that includes all of the financial information required of an applicant for General Relief Medical assistance;

(2) the spouse of the person receiving the waiver 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 spouse’s care. (g) A person liable for the support of a person receiving a waiver under this section is considered by the department to be able to provide all or part of the necessary care and support of the person receiving a waiver, if the liable person does not meet the financial need standards of 7 AAC 40.230. (h) A person who applies for a waiver of 7 AAC 47.200 must demonstrate by clear and convincing evidence that

(1) he or she is eligible for General Relief Medical assistance or Medicaid assistance, or that he or she meets the requirements of this section;

(2) he or she requires the level of care that would appropriately be provided in a skilled or intermediate care facility; and

(3) the total monthly cost to the department of all services to the person that the department will purchase from general fund appropriations

(A) will not increase after the department grants the waiver; or

(B) for a person who previously did not receive services through the department, will not exceed the state’s share of the Medicaid average cost of caring for a person in a long-term care facility in the state for the same period. (i) In his or her discretion, and based on the amount appropriated for General Relief assistance, and on his or her estimates of the expected demand for General Relief assistance during the state fiscal year, the commissioner will grant a waiver for a period of up to one year. In his or her discretion, and based on the same factors, the commissioner will

(1) deny a request for a waiver;

(2) limit the duration of a waiver to less than one year;