Section 7 AAC 100.068 - Living in a public institution(a) Except as provided in this section, the department will not reimburse Medicaid services provided to a Medicaid-eligible individual while the individual resides in a public institution, regardless of whether placement was voluntary or involuntary, unless the individual is (1) living in a public institution solely to receive educational or vocational training; (2) placed in a public institution on a short-term emergency basis pending placement in a living arrangement appropriate to the individual's needs; (3) living in a correctional facility or juvenile facility but received medical care while an inpatient in a medical institution for at least 24 hours; or (4) living in a substance abuse treatment facility or a halfway house that has a contract with the state to provide treatment and monitoring. (b) The following individuals living in a public institution may become Medicaid-eligible while residing in, or retain their existing eligibility upon entry into, the public institution, if all applicable Medicaid eligibility requirements are met: (1) a prisoner who is in a correctional facility under AS 33.30; (2) a delinquent minor who is in the custody of the department under AS 47.12.120(b)(l) or 47.12.240. (c) In this section, (1) "correctional facility" has the meaning given in AS 33.30.901; (2) "delinquent minor" has the meaning given in AS 47.12.990;(3) "juvenile facility" has the meaning given in 7 AAC 52.900; (4) "prisoner" (A) has the meaning given in AS 33.30.901; (B) includes an individual who (i) is on temporary furlough; or (ii) has temporarily left a correctional facility or public institution for treatment in an acute care medical facility; (5) "public institution" (A) means an institution, including a correctional facility or juvenile detention facility, that is the responsibility of a governmental unit or over which a governmental unit exercises administrative control; (B) does not include a medical institution.Eff. 7/20/2007, Register 183; am 1/1/2011, Register 196; am 9/20/2015, Register 215, October 2015Authority:AS 47.05.010
AS 47.07.020
AS 47.07.040