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(a) Except for an individual who is entitled to receive Title IV-E foster care assistance under 7 AAC 100.270, the eligibility category identified in 7 AAC 100.002(c)(5) includes individuals under 21 years of age who are in the protective custody or supervision of the Department of Family and Community Services and who are not receiving Medicaid under any other eligibility category. (b) The Family Medicaid adult-not-included, child-only standards set out in 7 AAC 100.190(a)(2) will be used to determine income eligibility for an individual who is not living with that individual’s parent and in the protective custody or supervision of the department. If the department places an individual with that individual’s parent, the

(1) income, resources, and financial needs of the parent will be considered in determining eligibility even if the department retains legal custody; and

(2) the adult-included standards set out in 7 AAC 100.190(a)(1) will be used. (Eff. 7/20/2007, Register 183) Statutory Authority: Authority: AS 47.05.010 AS 47.07.020 AS 47.07.040 Editor’s note: Effective July 1, 2022, Executive Order 121 split the former Department of Health and Social Services into the Department of Health and the Department of Family and Community Services. As of Register 242 (July 2022), the regulations attorney made a conforming technical revision under sec. 138, E.O. 121 and AS 44.62.125(b)(6), to 7 AAC 100.254(a), to change “department” to “Department of Family and Community Services”. 7 AAC 100.256. Under-21 individual receiving state-only adoption assistance. Medicaid eligibility under 7 AAC 100.002(c)(6) and this section is limited to individuals who are under 21 years of age and for whom the Department of Family and Community Services has entered into a reciprocal adoption assistance agreement with another state under the Interstate Compact on Adoption and Medical Assistance (ICAMA). Eligibility will be based upon the child’s household before entering the household of the adoptive parent. A child is eligible under 7 AAC 100.002(c)(6) and this section if the child

(1) is not eligible for Title IV-E adoption assistance under 7 AAC 100.270; and

(2) immediately before execution of the adoption assistance agreement,