2 AAC 40.100 - Suspension of bonuses

(a) The administrator will suspend bonus payments

(1) for absences as provided in 2 AAC 40.090;

(2) pending completion of disqualification proceedings under 2 AAC 40.110; or

(3) for any month in which the recipient

(A) resides in a nursing home for one or more days, unless all the costs of care for the recipient are paid entirely from private sources;

(B) is confined for 10 or more days in a state or federal mental health facility or institution and is certified by the state as unable to manage the recipient's personal affairs; or

(C) is confined for 10 or more days in a penal or correctional facility or institution.

(b) The administrator will notify a recipient within 15 days after suspending payments. The notice will indicate the effective date and duration of the suspension and the reason for it and will inform a recipient of the procedure set out in (c) of this section.

(c) A recipient has 30 days after the date of a notice of suspension to submit written evidence challenging the suspension. A suspension is effective as stated in the notice unless evidence is received within 30 days after the date of the notice of suspension. A recipient is entitled to an administrative hearing on the suspension only if evidence is submitted under this subsection and the challenge is denied by the administrator.

(d) Bonus payments will resume when the recipient establishes that he or she is qualified for a bonus under 2 AAC 40.130.

Notes

2 AAC 40.100

Eff. 9/13/81, Register 79; am 6/19/85, Register 95; am 12/1/90, Register 117; am 12/1/93, Register 128

Authority:AS 47.45.030

AS 47.45.070

AS 47.45.100(1)