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Authority: AS 47.05.010 AS 47.07.020 AS 47.07.040 7 AAC 100.066. Residency and out-of-state placement. (a) If a Medicaid recipient is placed in an institution located in another state, the state of residence is determined according to 42 C.F.R. 435.403, revised as of October 1, 2005, and adopted by reference. (b) If a recipient leaves an institution or foster care setting and also leaves the legal custody of this state, the state of residence is the state where the individual is physically located. If that recipient intends to return to the state but remains out of state temporarily for follow-up or transitional care called for in the recipient’s treatment plan, that individual is considered only to be temporarily absent and remains a resident of this state. (Eff. 7/20/2007, Register 183) Statutory Authority: Authority: AS 47.05.010 AS 47.07.020 AS 47.07.040 7 AAC 100.068. Living in a public institution. (a) Except as provided in this section, the department will not reimburse Medicaid services provided to a Medicaid-eligible individual while the individual resides in a public institution, regardless of whether placement was voluntary or involuntary, unless the individual is

(1) living in a public institution solely to receive educational or vocational training;

(2) placed in a public institution on a short-term emergency basis pending placement in a living arrangement appropriate to the individual’s needs;

(3) living in a correctional facility or juvenile facility but received medical care while an inpatient in a medical institution for at least 24 hours; or

(4) living in a substance abuse treatment facility or a halfway house that has a contract with the state to provide treatment and monitoring. (b) The following individuals living in a public institution may become Medicaid-eligible