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(g) The department will not grant a variance for a crime or civil finding for which federal law prohibits certain approvals, or restricts payment of benefits, during the most stringent barrier time set by federal law for that crime or civil finding. For purposes of this subsection,

(1) “federal law” includes an offense described in

(A) 42 U.S.C. 670 — 679c (secs. 470 — 479B of the Social Security Act), adopted by reference in 7 AAC 10.905(f);

(B) 42 U.S.C. 1320a-7(a) (sec. 1128(a) of the Social Security Act), adopted by reference in 7 AAC 10.905(f);

(C) 45 C.F.R. 1356.30, adopted by reference in 7 AAC 10.905(f); and

(D) another applicable federal statute or regulation;

(2) the prohibition applies to all providers subject to 7 AAC 10.900 — 7 AAC 10.990, regardless of whether the federal law is directly applicable to only one of the providers; and

(3) for an applicant who has requested a variance under 7 AAC 10.900 — 7 AAC 10.990, the prohibition applies regardless of whether the federal law is directly applicable to the provider with which the applicant seeks to become associated. (h) Repealed 6/29/2017. (i) Repealed 6/29/2017. (j) Repealed 6/29/2017. (k) Repealed 6/29/2017. (Eff. 2/9/2007, Register 181; am 10/17/2007, Register 184; am 2/13/2008, Register 185; am 6/29/2017, Register 222) Statutory Authority: Authority: AS 47.05.300 AS 47.05.330 AS 47.32.030

AS 47.05.310 AS 47.05.340

AS 47.05.320 AS 47.32.010 7 AAC 10.935. Review of request for a variance.