Page 340

individual has applied for and received a time extension from the department for special circumstances. Sec. 47.45.306. Appeal rights. An individual who receives a determination from the department that denies, limits, or modifies a cash benefit under AS 47.45.301 — 47.45.309, other than a determination under AS 47.45.301(c) to reduce or eliminate benefits, may request a hearing before the office of administrative hearings (AS 44.64.010) under regulations adopted by the department. Sec. 47.45.308. Ability to recover or recoup improper assistance or benefits. An individual is liable to the department for the value of assistance or benefits improperly paid to the individual under AS 47.45.302 or former AS 47.45.310 or 47.45.320 if the improper payment was based on inaccurate or incomplete information provided by the individual. In a civil action brought by the state to recover from the individual the value of assistance or benefits improperly paid under AS 47.45.302 or former AS 47.45.310 or 47.45.320, the state may recover from the individual the costs of investigation and prosecution of the civil action, including attorney fees as determined under court rules. Sec. 47.45.309. Definitions. In AS 47.45.301 — 47.45.309, (1) “department” means the Department of Health; (2) “eligible individual” means an individual who meets the requirements of AS 47.45.301 — 47.45.309 and regulations adopted under those statutes for eligibility for the program; (3) “family member” means a person who is (A) legally related to an eligible individual through marriage or guardianship; or (B) an eligible individual's sibling, parent, grandparent, son, daughter, grandson, granddaughter, uncle, aunt, niece, nephew, or first cousin; (4) “program” means the senior benefits payment program established in AS 47.45.301 — 47.45.309; (5) “resident” has the meaning given in AS 47.25.430(a). Secs. 47.45.310 — 47.45.390. Cash assistance benefit; prescription drug benefit; continuation of benefits; appeal rights; ability to recover or recoup improper assistance benefits; Alaska senior care fund; definitions. [Repealed, § 4 ch 89 SLA 2005.] Article 3. Long-term Care Allowance. Sec. 47.45.400. Long-term care allowance. (a) The department shall exclude a personal needs allowance of $200 a month from the income calculation made for the reimbursed cost of long-term care facility services, including swing-bed facility services, paid by the department for a person who is a recipient of medical assistance benefits under AS 47.07.020.