7 AAC 100.608 - Medicaid reimbursement from a recognized Medicaid trust

(a) If a recognized Medicaid trust terminates by death of the recipient or by court order, a recognized Medicaid trust may pay for any outstanding legal and administrative fees associated with establishing and maintaining the trust and trust account before paying the state under (b) of this section.

(b) A recognized Medicaid trust document must provide that upon termination of the trust by death of the recipient, any money remaining in the trust must be paid to the state, up to the amount the state paid in Medicaid benefits for the recipient while the trust existed. If a recipient has received Medicaid in more than one state, the trust document must provide that the money remaining in the trust be distributed to each state in which the recipient received Medicaid based on the state's proportionate share of the total amount of Medicaid benefits paid by all of the states on the recipient's behalf.

(c) If a court terminates a trust before the death of the recipient, the state must be reimbursed according to (b) of this section, or the corpus of the trust must be placed in another recognized Medicaid trust approved by the department. Once a court terminates a recognized Medicaid trust, the trust may not be used again.

(d) A trustee may make advance payments on the trust obligation to reimburse the state. The department will credit each advance payment against the recipient's obligation under (b) of this section.

Notes

7 AAC 100.608

Eff. 7/20/2007, Register 183

Authority:AS 47.05.010

AS 47.07.020

AS 47.07.040