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COMAR 10.09.24.03

381 State of Maryland Medical Assistance Manual Revised July 2012 ABD applications for MA, including those preserved spend-down status. Must be considered for eligibility under the Pickle Amendment. CM determine if an aged, blind, or disabled receipt of SSA and meets the criteria of concurrent receipt of SSA and SSI. The applicants are designated as Potentially Pickle Eligible (PPE) and the recipients is Pickle Eligible, they will be certified under the Pickle Amendment For persons who apply under the Pickle Amendment only, but are found ineligible, MN procedures are applied only if it can be determined at the time of application that the person is eligible as medically needy. If it cannot be determined at the time of application, MN procedures are not applied. Pickle Eligibility is denied and the applicant is to be advised to reply time as medically needy. The case would be deemed as “PPE”

Developing the COLA Deduction:

In order to compute the COLA deduction, the CM must ascertain the date of SSI termination. (sources, SDX, case material or documents submitted by the applicant/recipient) The gross amount of the SSA, either at the time SSI was terminated or currently ( see Attachment A, Calculating worksheet for Pickle Amendment)

Pickle Amendment Certifications and Redeterminations:

Person determined eligible under the Pickle Amendment will have a twelve month certification period Certification begins the month of application All active MA cases labeled PPE must be reviewed annually at the time (Annual Review) of the Cost of Living Adjustment (COLA) to determine if the change in the SSI Income and Resource standards will affect their eligibility under the Pickle Amendment. For determination of SSI termination, certification begins the month following SSI termination For cases determined eligible during the Annual Review, certification begins the month the COLA is received PPE cases found eligible at scheduled or unscheduled redeterminations are certified at scheduled or unscheduled redeterminations are certified beginning the month Pickle Eligibility is established Pickle Amendment Instructions for Use of Notices DHMH 3803 Notice of Medical Assistance Eligibility for Former Supplemental Security Income Recipients