7 AAC 100.516 - Transfer-of-asset undue hardship exemption

(a) An applicant or recipient, or a long-term care facility on behalf of an applicant or recipient, may request an undue hardship exemption from a transfer-of-asset penalty period imposed under 7 AAC 100.510(d) or (e).

(b) An applicant or recipient who seeks an undue hardship exemption must submit the following to the department no later than 30 days after the date of notice that a transfer-of-asset penalty is being imposed:

(1) a written statement indicating how the applicant, recipient, or community spouse would face undue hardship if the penalty were imposed;

(2) a written statement describing

(A) why the assets transferred for less than fair market value cannot be returned; and

(B) what efforts the applicant or recipient has made to retrieve the assets.

(c) The director of the division of the department that handles public assistance, or the director's designee, shall decide whether to grant or deny an exemption under this section.

(d) The department will not grant an undue hardship exemption if the department determines that

(1) imposing the penalty merely causes the applicant or recipient inconvenience or restricts the applicant's or recipient's lifestyle; or

(2) the applicant or recipient transferred the asset without due consideration of the cost of medical care, food, clothing, or shelter that the applicant, recipient, or community spouse could reasonably expect to incur.

(e) In this section, "undue hardship" means that imposition of the transfer-of-asset penalty would deprive the applicant, recipient, or community spouse of

(1) medical care to the degree that the individual's life or health would be endangered; or

(2) food, clothing, shelter, or other basic necessities.

Notes

7 AAC 100.516

Eff. 7/20/2007, Register 183

Authority:AS 47.05.010

AS 47.07.020

AS 47.07.040