7 Alaska Admin. Code § 40.200

Current through May 31, 2024

Section 7 AAC 40.200 - Drug and alcohol addiction

(a) Addiction to drugs or alcohol is not, by itself, a disability under this chapter.

(b) If an applicant is found to be addicted to drugs or alcohol and to be disabled, a determination must be made whether the addiction is a contributing factor to the disability.

(c) If drug or alcohol addiction is found to contribute to the disability, eligibility for aid to the permanently and totally disabled exists only if the applicant undergoes rehabilitative treatment as a drug addict or alcoholic at an approved institution or facility if such treatment is reasonably available. The applicant must demonstrate compliance with any terms, conditions, and requirements of treatment.

(d) Until December 31, 1996, if a person's Supplemental Security Income or Social Security Disability Insurance benefits are suspended or terminated for failure to comply with treatment requirements contained in 42 U.S.C. 401 - 433 (Title II of the Social Security Act) and 42 U.S.C. 1381 - 1383 (Title XVI of the Social Security Act), the person is not eligible for assistance under AS 47.25.430-47.25.615 and this chapter.

(e) Until December 31, 1996, if a person's Supplemental Security Income or Social Security Disability Insurance benefits are terminated because of the 36-month payment limitation contained in 42 U.S.C. 401 - 433 (Title II of the Social Security Act) and 42 U.S.C. 1381 - 1383 (Title XVI of the Social Security Act), the person is not eligible for assistance under AS 47.25.430-47.25.615 and this chapter.

(f) In this section, an "approved institution or facility" means an institution or facility furnishing medically recognized treatment for drug addiction or alcoholism which is licensed or approved by the federal Department of Health and Human Services, the state division or vocational rehabilitation of the Department of Labor and Workforce Development, or the state Department of Health and Social Services.

7 AAC 40.200

Eff. 5/12/82, Register 82; am 10/10/96, Register 140

Authority:AS 47.05.010

AS 47.25.430

AS 47.25.590