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Additional deductions are allowed as follows: • When spousal impoverishment protection is applicable, a community spouse allocation (3455.15.10.10) and a family member allocation (3455.15.10.15) • The court ordered guardianship fees paid to the applicant/recipient’s legal guardian, not to exceed $35 per month, are to be deducted. Guardianship fees include all services and expenses required to perform the duties of a guardian, as well as any attorney fees for which the guardian is liable. • Medical expenses provided by a certified or licensed medical practitioner which are not subject to payment by a third party and are not subject to payment by Medicaid are deducted, except for HCBS or nursing facility expenses incurred during an imposed transfer of property penalty. These expenses incurred during a transfer penalty are not allowed regardless of when the transfer penalty was imposed. See 3325.10.00 and 3455.15.10.20 for more information. Services provided under an approved HCBS waiver care plan is to be billed through the Medicaid billing portal and any allowable expenses will be credited to the Medicaid waiver liability. These services include attendant care arranged and approved by the waiver case manager and/or through the “Structured Family Caregivers” program. These types of expenses are not to be entered into in the Eligibility system as they will be credited to the liability through the automated billing system. 7 If there are questions, please contact PAL. Any amount remaining is the waiver liability amount, subject to all regular waiver liability processing. 3325.15.00 REGULAR BUDGETING As of June 1, 2014, this section no longer applies. 3325.20.00 REGULAR DISABILITY VS MEDWORKS An employed individual whose gross earnings minus IRWEs (Section 3455.07) exceed the SGA level, is not eligible for Medicaid under the Disability category (MA D), with the only exception being a person who is entitled to special 1619 Medicaid (Section 2414.10.10). This is true regardless of whether the individual is on a waiver. The proper category is MADW. Use of the SIL test is not an option when earned income of the applicant/recipient exceeds the SGA level.