Page 2264

Authority: AS 47.05.010 AS 47.07.020 AS 47.07.040 7 AAC 100.552. Collection of recipient’s cost-of-care liability. A provider that is enrolled under 7 AAC 105.200 and providing services as a long-term care facility, as a home and community-based waiver services provider, or as a residential supported-living services provider licensed under AS 47.32 as an assisted living home is responsible for collecting from the recipient or from the recipient’s representative, on behalf of the recipient, the amount determined under 7 AAC 100.554 as the recipient’s cost-of-care liability. The department will reduce its payment to a provider by the amount of the recipient’s cost-of-care liability, even if the recipient or the recipient’s representative, on behalf of the recipient, does not pay the cost-of-care liability to the provider. (Eff. 7/20/2007, Register 183; am 1/1/2011, Register 196; am 8/1/2020, Register 235; am 8/1/2021, Register 239) Statutory Authority: Authority: AS 47.05.010 AS 47.07.020 AS 47.07.040 7 AAC 100.554. Cost-of-care liability determination. (a) A recipient’s cost-of-care liability in any given month is the recipient’s total monthly income, less the applicable disregards and allowances in (b) and (c) of this section, not to exceed the actual cost of long-term care services paid by the department on behalf of the recipient. (b) The department will deduct from a recipient’s total monthly income the following disregards, as applicable:

(1) a payment from the United States Department of Veterans Affairs for unusual medical expenses or aid and attendance; for a recipient living in the Alaska Veterans’ Home (Palmer Pioneers’ Home); the disregard in this paragraph is limited to $90;

(2) any portion of a United States Social Security Administration payment that is withheld for the purpose of recovering a previous overpayment;

(3) an SSI payment received by a recipient who is eligible for SSI benefits under 42