Page 2249

7 AAC 100.512. Life estates 7 AAC 100.514. Annuities 7 AAC 100.516. Transfer-of-asset undue hardship exemption 7 AAC 100.519. Definitions 7 AAC 100.500. Long-term care Medicaid related to APA. Eligibility for the following Medicaid eligibility categories is determined in accordance with 7 AAC 100.400, except as otherwise provided in 7 AAC 100.502 — 7 AAC 100.519:

(1) individuals described in 7 AAC 100.002(d)(2) who would be eligible for APA if they were not residing in a general hospital, skilled nursing facility, or intermediate care facility;

(2) individuals described in 7 AAC 100.002(d)(4) who are residing in a medical institution other than an assisted living home;

(3) individuals described in 7 AAC 100.002(d)(8) who are residing at home or in an assisted living home, but who would require placement in a long-term care facility if not for the fact that they are receiving home and community-based waiver services. (Eff. 7/20/2007, Register 183) Statutory Authority: Authority: AS 47.05.010 AS 47.07.020 AS 47.07.040 7 AAC 100.502. Long-term care eligibility criteria. (a) To be financially eligible for Medicaid under 7 AAC 100.002(d)(4) while living in a medical institution or under 7 AAC 100.002(d)(8) while receiving home and community-based waiver services, an applicant or recipient may not

(1) be subject to or within a transfer-of-asset penalty period under 7 AAC 100.510(d) — (e);

(2) have nonexcluded resources that exceed the limits applicable under 7 AAC 100.400(a)(14), after the spousal allocation requirements of 7 AAC 100.506 are applied;

(3) own a home that has an equity value that exceeds $500,000; this paragraph does not apply if residing in the home is the applicant’s or recipient’s

(A) spouse;