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(4) the department determines that denial of eligibility would create an undue hardship that could be adequately addressed by increasing the resource allowance; in this paragraph, “undue hardship” means that denial of eligibility would deprive the community spouse of

(A) medical care to the degree that the community spouse’s life or health would be endangered; or

(B) food, clothing, shelter, or other basic necessities. (Eff. 7/20/2007, Register 183; am 2/1/2010, Register 193; am 4/4/2013, Register 206; am 7/1/2013, Register 206) Statutory Authority: Authority: AS 47.05.010 AS 47.07.020 AS 47.07.040 7 AAC 100.510. Transfer of assets. (a) The requirements of this section apply to

(1) an individual eligible for long-term care Medicaid under 7 AAC 100.500 — 7 AAC 100.502; and

(2) an individual who is receiving home and community-based waiver services, regardless of eligibility category. (b) To establish Medicaid eligibility for an individual described in (a) of this section, the department will determine whether the applicant transferred an asset for less than fair market value during the look-back period described in (c) of this section. If the department determines that during the look-back period the applicant transferred an asset for less than fair market value, the department will determine if the applicant is subject to a transfer-of-asset penalty under (d) or (e) of this section. (c) The look-back period is the period beginning with the baseline date and extending back to the look-back date. The baseline date is the date an applicant is admitted to a medical institution for a continuous period of institutionalization, the date home and community-based waiver services are approved under 7 AAC 130.205 — 7 AAC 130.219, or the date of application for Medicaid, whichever is later. The look-back date is the earliest date on which a transfer-of-asset penalty may be assessed, and is always the same day of the month as the baseline date. If an applicant uses a recognized Medicaid trust under 7 AAC 100.600 — 7 AAC 100.619 or relies on an annuity to qualify for Medicaid, the look-back period is 60 months immediately preceding the