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under 7 AAC 100.614;

(3) the applicant or recipient functions as the trustee or has any other ability, access, or authority to manage or control the trust account;

(4) the trustee fails to provide the department with all requested information necessary to identify the trust account number and financial institution holding the trust account;

(5) the trustee fails to cooperate or interferes with the department’s ability to track and monitor the trust account, including failing to disclose or account for any payment from or deposit into the trust account;

(6) the applicant or recipient has a cost-of-care liability under 7 AAC 100.550 — 7 AAC 100.579, but the trustee fails to make payments toward the cost-of-care liability;

(7) the trustee fails to adhere to the terms of the trust as written; or

(8) the trustee fails to comply with the requirements of (e) or (f) of this section. (d) If the department determines that a trust is invalid under (c) of this section, the department will redetermine the applicant’s or recipient’s Medicaid eligibility, applying the provisions of 7 AAC 100.600 and 7 AAC 100.602 to any existing trust. (e) If a trustee decides, consistent with the trustee’s fiduciary duty, that use of a recognized Medicaid trust approved under this section is no longer needed to maintain the beneficiary’s Medicaid eligibility, the trustee shall notify in writing the beneficiary, the beneficiary’s authorized representative if one exists, the department, and the court where the trust is registered in writing no later than the first day of the month immediately preceding the month a trust or trust account will no longer be funded. The trustee shall keep the corpus of the trust intact until the trust is terminated and the state is reimbursed in accordance with 7 AAC 100.608. If the trustee fails to notify the department in accordance with this subsection, the department may find that the trust is invalid under (c) of this section. (f) If a trustee plans to resume use of an unfunded recognized Medicaid trust, the trustee shall notify the department in writing no later than the 15th day of the month immediately preceding the month that use of the trust will resume. If the trustee fails to notify the department in accordance with this subsection, the department may find the applicant or recipient ineligible for Medicaid. (Eff. 7/20/2007, Register 183; am 8/1/2020, Register 235) Statutory Authority: Authority: AS 47.05.010 AS 47.07.020 AS 47.07.040