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statute. For the purposes of this subsection “administrative and legal costs” include the costs of

(1) advertising, filing, and exercising a lien;

(2) legal representation of the state;

(3) tracking property with potential for a lien and then tracking its subsequent recovery;

(4) repair of the property to bring it into saleable condition;

(5) insurance to protect the asset; and

(6) advertising, listing, and selling the home including all applicable closing fees. (d) When making a claim for reimbursement under AS 47.07.055(e), the department will include in that claim any hospital and prescription drug services provided to a recipient while the recipient was receiving services identified in AS 47.07.055(e)(1) or (2). (Eff. 2/1/2010, Register 193) Statutory Authority: Authority: AS 47.05.010 AS 47.07.040 AS 47.07.055 7 AAC 160.220. Liens. (a) For purposes of AS 47.07.055(a)(3), if a recipient resides in a medical institution for at least 120 consecutive days, the department will give the recipient

(1) notice of its intent to determine that the recipient is not reasonably expected to be discharged from the institution and return home; and

(2) an opportunity for a hearing regarding that determination. (b) A transfer from one medical institution to another does not interrupt the 120-day period for the purposes of (a) of this section. A discharge from a medical institution to a community setting terminates the 120-day period. Re-admission to a medical institution starts a new 120-day period. (c) The department will not pursue recovery under a lien filed under AS 47.07.055(a) against a recipient’s home while the recipient’s child 21 years of age or older is lawfully residing in the home and can provide documentation that

(1) the child resided with the recipient in the recipient’s home for at least 24 months

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Page 3002

Official source

statute. For the purposes of this subsection “administrative and legal costs” include the costs of

(1) advertising, filing, and exercising a lien;

(2) legal representation of the state;

(3) tracking property with potential for a lien and then tracking its subsequent recovery;

(4) repair of the property to bring it into saleable condition;

(5) insurance to protect the asset; and

(6) advertising, listing, and selling the home including all applicable closing fees. (d) When making a claim for reimbursement under AS 47.07.055(e), the department will include in that claim any hospital and prescription drug services provided to a recipient while the recipient was receiving services identified in AS 47.07.055(e)(1) or (2). (Eff. 2/1/2010, Register 193) Statutory Authority: Authority: AS 47.05.010 AS 47.07.040 AS 47.07.055 7 AAC 160.220. Liens. (a) For purposes of AS 47.07.055(a)(3), if a recipient resides in a medical institution for at least 120 consecutive days, the department will give the recipient

(1) notice of its intent to determine that the recipient is not reasonably expected to be discharged from the institution and return home; and

(2) an opportunity for a hearing regarding that determination. (b) A transfer from one medical institution to another does not interrupt the 120-day period for the purposes of (a) of this section. A discharge from a medical institution to a community setting terminates the 120-day period. Re-admission to a medical institution starts a new 120-day period. (c) The department will not pursue recovery under a lien filed under AS 47.07.055(a) against a recipient’s home while the recipient’s child 21 years of age or older is lawfully residing in the home and can provide documentation that

(1) the child resided with the recipient in the recipient’s home for at least 24 months