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Authority: AS 47.05.010 AS 47.07.020 AS 47.07.040 7 AAC 100.424. Disabled child living at home. (a) A child with a disability who does not qualify for SSI because of parental income or resources is eligible for Medicaid under 7 AAC 100.002(d)(5) and this section if

(1) the child is under 19 years of age;

(2) the Department of Labor and Workforce Development has made a determination that the child is disabled according to SSI criteria;

(3) the child would be eligible for Medicaid under 7 AAC 100.002(d)(4) if the child were living in a medical institution;

(4) the child is living in the home of the child’s parent or legal guardian;

(5) the department has determined that the child needs a level of care offered in

(A) an acute care hospital or long-term care, as determined under 7 AAC 140.505;

(B) an intermediate care facility for individuals with an intellectual disability or related condition, as determined under 7 AAC 140.600; or

(C) an inpatient psychiatric hospital, as determined under (c) of this section;

(6) the department determines that the child may receive necessary medical care in a setting other than a medical institution described in (5) of this subsection, and the determination is recorded in the plan of care approved by the department; and

(7) the department has determined that the estimated cost of services provided to the child outside the home will cost less than the cost of institutionalization. (b) Eligibility under this section does not authorize home and community-based waiver services under 7 AAC 130. A child determined eligible under this section who subsequently is separately determined eligible for home and community-based waiver services must be converted to an appropriate alternative eligibility category. (c) For the purpose of determining eligibility under this section, a child requires a level of care provided in an inpatient psychiatric hospital if the child

(1) has a mental illness or severe emotional disturbance that

(A) is diagnosed by a psychiatrist or mental health professional;

(B) is likely to result in harm to self and others; and