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State of Maryland Medical Assistance Manual Revised April 2014
1000.13 Policy Alerts a. Eligibility for Institutionalized Persons: Application of Available Income to Cost of Care Policy Alert (10-01) Federal law limits monthly pension payments to $92 for Medical Eligible recipients of a VA pension who have no dependent and who reside in nursing home participating in Medicaid. Effective immediately, the $92 VA pension is to be excluded from income and no part of it is to be applied to the person’s cost of care in months following the month of admission. As calculation Request CR-656 state, veterans and their representative should be aware that accumulation of this pension income may lead to excess resources and subsequent ineligibility, and that local departments should inform them of this when notifying them of the change in available income. b. Change in Alimony Law Policy Alert (10-02) The new law states that a judge may not award alimony based on a separation due to institutionalization. The court must also consider whether an award of alimony will cause the institutionalized spouse to become eligible for Medical Assistance earlier than if the award were not made. The effective date of the new law is July 1, 1992. If a worker encounters any alimony awards on or after the above date which appear to be in conflict with this new law, please contact the Division of Eligibility Services so that the case can be referred to the Attorney General’s office for appropriate action. c. Release of Information Policy Alert (10-03) It is the practice of most Long Term Care Facilities to ascertain the payment method prior to admitting a patient. Facilities collect financial information to try to determine how long a patient will be “private pay” prior to going on Medical Assistance. Some LTCF administration have expressed their concern that applicants for Medical Assistance are not making complete disclosures of assets to Medical Assistance. LTCF administrators are willing to share the information with local departments; however they must have the applicant’s consent to release information. For any LTC case where a patient has been admitted as private pay or where the reported assets are, in any way, inconsistent with other information the worker must have such a consent form signed by the A/R or representative. The form should be completed in duplicate, one copy maintain in the case record and the original mailed by the local department to the LTCF.