2 AAC 60.300 - Service availability and eligibility

(a) The provisions of this section establish the criteria that the office of elder fraud and assistance (OEFA) will use to determine the availability of and eligibility for services provided by the OEFA to older Alaskans who are victims of fraud.

(b) To determine if an individual is qualified under AS 44.21.415 as an older Alaskan who is not otherwise able to bring a complaint without assistance, the OEFA will consider the following factors regarding the older Alaskan:

(1) the availability of other service providers who are able to provide relief and assistance to the older Alaskan;

(2) the older Alaskan's financial ability to seek redress independently;

(3) non-economic factors, including the older Alaskan's

(A) cognitive ability;

(B) physical ability;

(C) language barriers; and

(D) cultural or social isolation.

(c) If resources are insufficient to serve all older Alaskans eligible under this section, the OEFA will give preference in selecting which older Alaskans will be provided services, and which services will be provided, under this section, as follows:

(1) greatest social need as determined by the non-economic factors that restrict the older Alaskan's ability to perform normal daily tasks or threaten the older Alaskan's capacity to live independently, including

(A) physical and mental disabilities;

(B) language barriers; and

(C) cultural and social isolation, including that caused by racial or ethnic status;

(2) greatest economic need as determined by whether the older Alaskan has an income that is below the poverty guidelines for this state issued by the United States Department of Health and Human Services and published at Fed. Reg. 3147 - 3148 (January 24, 2007), which are adopted by reference in this paragraph;

(3) nature of harm as determined by the nature of the older Alaskan's case suggesting a larger potential impact on the community;

(4) degree of harm as determined by the relative impact on the older Alaskan victim;

(5) potential for recovery as determined by an evaluation of the likelihood of the recovery of the older Alaskan's lost assets; the OEFA will consider the availability of assets of a proposed defendant to satisfy a judgment in making the evaluation.

(d) Unless the OEFA determines that the case involves exceptional circumstances or the interest of justice requires OEFA representation, the OEFA will not accept a case under this section if

(1) a law enforcement agency is conducting an investigation regarding the matter; or

(2) the matter is the subject of active litigation, administrative proceeding, or alternate dispute resolution.

(e) The OEFA will notify the individual requesting services of the OEFA's decision on acceptance for services under this section. A denial under this section is the final agency decision.

Notes

2 AAC 60.300

Eff. 5/30/2007, Register 182

Authority:AS 44.21.410

AS 44.21.415