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recovery from a settlement, or payment from a third-party resource. The department will not delay payment to the provider pending an evaluation. (c) If a third-party resource makes a demand for the refund of a claim previously paid by the third-party resource and the billing deadline in 7 AAC 145.005(c) has expired, the provider has 60 days after the date of demand to bill Medicaid or adjust the original claim. The provider shall include a copy of the third-party resource’s demand letter and proof of the refund that the provider made to the third-party resource with the claim. (d) For purposes of this section, a tribal health program is not a third-party resource. (e) In this section, “has made full use of” means the recipient has applied for, reasonably cooperated with, and to the extent possible has maintained eligibility for, a third party that will pay for a service, prescription drug, or supply otherwise covered under AS 47.07.030 and 7 AAC 105 — 7 AAC 160. (Eff. 2/1/2010, Register 193) Statutory Authority: Authority: AS 47.05.010 AS 47.07.030 AS 47.07.040 7 AAC 160.210. Estate recovery. (a) At the time of application, the department will notify each applicant for medical assistance that the estate of an individual who received medical assistance benefits may be subject to a claim for recovery under AS 47.07.055 and 7 AAC 160.210 — 7 AAC 160.250. (b) When the state determines under 7 AAC 160.220 that a recipient who is subject to estate recovery under AS 47.07.055 cannot be expected to return home or has died, the department will determine

(1) the estimated value of the estate;

(2) if there is a surviving spouse or other estate beneficiaries; and

(3) if proceeding with recovery in accordance with (c) of this section will be permissible and cost effective. (c) The department will pursue a claim only if it determines that the potential recovery amount would result in twice the administrative and legal cost of pursuing the claim, with a minimum pursuable net amount of $10,000. In assessing the value of an estate, the department will consider allowances and all other claims against the estate having precedence under state