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North Carolina Department of Health and Human Services North Carolina Medicaid Division of Health Benefits AGED, BLIND AND DISABLED MEDICAID MANUAL
ADULT MEDICAID TABLE OF CONTENTS
REVISED 08/15/2023 – CHANGE NO. 11-23
MA-200 Definitions MA-300 Confidentiality MA-400 Introduction to Medicaid MA-500 Classification MA-1000 SSI Medicaid-Automated Process MA-1100 SSI Medicaid-County DSS Responsibility MA-2000 Non-SSI Eligibility Regulations MA-2100 Categorically Needy-No Money Payment MA-2110 Passalong MA-2120 Medically Needy Regulations MA-2130 Qualified Medicare Beneficiaries-Q MA-2140 Qualified Medicare Beneficiaries-B MA-2150 Medicaid Working Disabled MA-2160 Qualified Individuals 1 (MQB-E) MA-2170 Family Planning Program MA-2180 Health Coverage For Workers With Disabilities (HCWD) MA-2220 State Residency MA-2221 County Residence MA-2230 Financial Resources MA-2231 Community Spouse Resource Protection MA-2240 Transfer of Resources MA-2242 Home Equity Value For Evaluating Institutional Services MA-2245 Undue Hardship Waiver for Transfer of Assets MA-2250 Income MA-2251 Reasonable Compatibility MA-2252 Non-MAGI Medicaid Income/Reserve Limits MA-2260 Financial Eligibility Requirements-PLA MA-2261 1/3 Reduction MA-2262 Sponsor Deeming MA-2270 Long Term Care Need And Budgeting MA-2275 Program Of All-Inclusive Care For The Elderly (PACE) MA-2280 Community Alternatives Program (CAP), Medicaid Eligibility MA-2282 Innovations MA-2283 Traumatic Brain Injury (TBI) MA-2284 Money Follows the Person MA-2285 Estate Recovery
1
MA-2290 Managed Care MA-2295 Discouragement MA-2296 Inquiry MA-2300 Application MA-2301 Post Eligibility Verification MA-2302 Outstations MA-2305 Evaluating County/DDS Performance MA-2306 Application Processing-Corrective Action Procedures MA-2309 LIS Application for Medicaid MA-2310 Taking the LIS Application MA-2311 LIS Processing and Case Maintenance MA-2312 Medicare Prescription Drug Benefit MA-2320 Recertification MA-2321 Medically Needy Recertification MA-2340 Change In Situation MA-2350 Certification and Authorization MA-2352 Change in Circumstance, Terminations, Deletions, and Reopening MA-2355 MAABD/MQB Program Transfers MA-2360 Medicaid Deductible MA-2375 Child Support MA-2380 Medicaid Identification Card MA-2395 Corrective Actions And Responsibility For Errors MA-2400 Third Party Recovery MA-2410 Medicare Enrollment and Buy-In MA-2420 Notice And Hearings Process MA-2425 Community Care of North Carolina/Carolina Access MA-2430 Automated Inquiry And Match Procedures MA-2440 Automated SOLQ Procedures MA-2450 Enumeration Procedures MA-2500 Age/Name/Marital Status MA-2504 Alien Requirements MA-2505 Citizenship/Identity SSA Data Match MA-2506 US Citizenship Requirements MA-2507 Tribal Membership and Indian Health Services (IHS) MA-2510 Living Arrangement MA-2525 Disability MA-2531 Blindness M-AB MA-2900 Recipient Fraud and Abuse Policy and Procedures MA-2905 Medicaid Covered Services MA-2910 Non-Emergency Medical Transportation (NEMT) MA-2930 Security of Internal Revenue Service and Social Security Administration Data Information
GROUP
BENEFITS BASIC MEDICAID ELIGIBILITY REQUIREMENTS**
SPECIAL PROVISIONS EFFECTIVE 07/2025 BASIC ELIGIBILITY REQUIREMENT WHOSE INCOME and RESOURCES COUNT MONTHLY INCOME LIMIT Updated 04/2026 RESOURCE LIMIT Updated 04/2026
DEDUCTIBLE/SPEND DOWN S-ABD, SSI cases Full Medicaid coverage only if a Medicaid application is submitted • Beneficiaries receiving Supplemental Security Income (SSI) -Federal cash assistance program for the aged, blind, and disabled, are automatically entitled to Medicaid. No separate application or Medicaid determination is required. • Beneficiaries receiving State/County Special Assistance (SA) - program for aged and disabled individuals who are primarily in adult care facilities- includes Medicaid eligibility. • Beneficiaries receiving Special Assistance In-Home- the individual must be determined Medicaid categorically needy eligible.
Aged MAA Full Medicaid Coverage Age 65 or older Spouse’s income and resources if live together 100% of Poverty Level 1 – $1,330 2 – $1,804 SSI Limits 1 - $2,000 2 - $3,000 YES If income exceeds income limit and the indicator is “yes,” the individual or family may be able to be eligible for Medicaid if they can meet a deductible. See discussion of Medical Deductible on page 2 of this same column.
Individuals in nursing facilities generally do not have to meet a deductible to be eligible for Medicaid. However, they must pay all of their monthly income, less a $70 personal needs allowance and the cost of medical expenses not covered by Medicaid or other insurance to the nursing facility. Medicaid pays the remainder of their cost of care. Protection of income for spouse at home: When an individual is in a nursing facility and has a spouse living at home, a portion of the income of the spouse in the facility may be protected to bring the income of the spouse at home up to a level specified by federal law. Currently, that amount is $2,643.75/mo. and can be as much as $3,948.00 depending upon at-home spouse’s cost for housing. The amount protected for the at-home spouse is not counted in determining the eligibility of the spouse in the nursing facility.
Protection of resources for spouse at home: Additionally, the countable resources of the couple are combined and a portion is protected for the spouse at home. That portion is ½ the total value of the countable resources, but currently not less than $31,584 or more than $157,920. The amount protected for the at-home spouse is not countable in determining the eligibility of the spouse in the facility.
Transfer of resources: When a person gives away resources and does not receive compensation with a value at least equal to that of the resources given away, he may be penalized. Medicaid will not pay for care in a nursing facility or care provided under the Community Alternative Program (CAP) or other in-home health services & supplies for a period of time that depends on the value of the transferred resource. Blind MAB Full Medicaid Coverage Blind by Social Security Standards Spouse’s income and resources if live together. Parents’ income and resources if under age 18 and live with parents. 100% of Poverty Level 1 – $1,330 2 – $1,804 SSI Limits 1 - $2,000 2 - $3,000 YES Disabled MAD Full Medicaid Coverage Disabled by Social Security Standards Spouse’s income and resources if live together. Parents’ income and resources if under age 18 and live with parents. 100% of Poverty Level 1 – $1,330 2 – $1,804 SSI Limits 1 - $2,000 2 - $3,000 YES Health Care for Working Disabled (HCWD) MAD Full Medicaid Coverage For Basic Coverage, the beneficiary does not have to meet the Social Security SGA requirement to be disabled. For Medically Improved coverage, the beneficiary does not have to meet the Social Security medical requirements for disability. Spouse’s income and resources if live together. Parents’ income and resources if under age 18 and live with parents. 150% of Poverty Level 1 - $1,995 2 -$2,705
200% of Poverty Level 1 - $2,660 2 - $3,607
Min. CSRP limit $32,532 NO Qualified Medicare Beneficiaries MQB-Q Payment of Medicare premiums and deductibles and co- insurance charges for Medicare covered services Entitled to Medicare Parts A & B Spouse’s income and resources if live together. Parents’ income and resources if under age 18 and live with parents. 100% of Poverty Level 1 – $1,330 2 – $1,804 1 - $9,950 2 - $14,910 NO Specified Low Income Medicare Beneficiaries MQB-B Payment of Medicare Part B premium Entitled to free Medicare Part A Spouse’s income and resources if live together. Parents’ income and resources if under age 18 and live with parents. 120% of Poverty Level 1 - $1,596 2 - $2,164
1 - $9,950 2 - $14,910 NO Qualifying Individual MQB-E Payment of Medicare Part B Premiums Entitled to free Medicare Part A Spouse’s income and resources if live together. Parents’ income and resources if under age 18 and live with parents. 135% of Poverty Level 1 - $1,796 2 - $2,435 1 - $9,950 2 - $14,910 NO NOTE: Total number of eligible individuals is limited to available funds. Working Disabled MWD Payment of Medicare Part A premiums
Lost entitlement to free Medicare A due to earnings but still has disabling impairment. Spouse’s income and resources if live together. Parents’ income and resources if under age 18 and live with parents. 200% of Poverty Level 1 - $2,660 2 - $3,607 2X SSI Limits 1 - $4,000 2 - $6,000 NO Traumatic Brain Injury (TBI) Full Medicaid Coverage Age 18 and older and eligible for MAABD or SAABD Spouse’s income and resources if live together. 300% of Poverty Level 1-$3,990 2-$5,410 SSI Limits 1 - $2,000 2 - $3,000 NO
GROUP BENEFITS BASIC MEDICIAD ELIGIBILITY REQUIREMENTS ** Notes BASIC ELIGIBILITY REQUIREMENT WHOSE INCOME and RESOURCES COUNT MONTHLY INCOME LIMIT Updated 04/2026 RESOURCE LIMIT Updated 04/2026 DEDUCTIBLE/SPEND DOWN Families & Children MAF
Full Medicaid Coverage Parents/Caretaker Relatives, and the spouse must be living with and caring for a child to whom they are related who is under age 18. Children must be under age 21. MAGI Methodology.
1 - $434 2 - $569 3 - $667 4 - $744 5 - $824 NO YES If income exceeds income limit and the indicator is “yes” the individual or family may be able to be eligible for Medicaid if they can meet a deductible
Medicaid Deductible: When an individual/family is ineligible for Medicaid due to income over the income limit, they may become eligible by meeting a Medicaid deductible. The deductible is determined by subtracting the Medically Needy Income Limit (MNIL) (see limits below) from the countable monthly income to determine the monthly excess income. Medicaid deductibles are generally determined for 6 months, so the monthly excess income is multiplied by 6 to determine the 6-mo. deductible. Once medical bills for which they are responsible totaling the amount of the deductible are incurred, they are authorized for the rest of the 6-mo. period. Medicaid cannot pay for any of the bills applied to the deductible.
Pregnant Women MPW
Full Medicaid A self-attestation of pregnancy and due date can be accepted as proof of pregnancy unless the county has information that contradicts the attestation. MAGI Methodology 196% of Poverty Level 1 - $2,607 2 - $3,535 3 - $4,463 4 - $5,390 5 - $6,318 NO NO When determining the family size for the pregnant woman the unborn child is included. For example, the family size for a single pregnant woman would be 2. Children age 0 thru 18 MIC Full Medicaid Coverage Must be age 0 thru age 18. MAGI Methodology 211% of Poverty Level 1 - $2,807 2 - $3,806 3 - $4,804 4 - $5,803 5 - $6,802 NO NO
Title IV-E Children IAS Full Medicaid Coverage IV-E Adoption Subsidy and Foster Care for a child residing in NC and receiving IV-E Foster Care regardless of the state providing assistance. There is no income.
NO NO MNIL: 1 - $242 2 - $317 3 - $367 4 - $400 5 - $433 Resource limit: All deductible cases have a resource limit: $3,000 for families and children and $2,000 (1) and $3,000 (2) for aged, blind and disabled.
State Foster Care Children Full Medicaid Coverage A child under 21 and currently in the legal custody of the state sponsored foster care and ineligible for Title IV-E. MAGI Methodology 1. MAGI 2. MAF-M
$3,000 (MAF-M) YES
Expanded Foster Care Full Medicaid Coverage Be 18-20 and had been in Foster Care at age 18 and enrolled in Medicaid program. MAGI Methodology 1. MAGI 2. MAF-M $3,000 (MAF-M) YES
GROUP BENEFITS BASIC MEDICAID ELIGIBILITY REQUIREMENTS ** Notes BASIC ELIGIBILITY REQUIREMENT WHOSE INCOME and RESOURCES COUNT MONTHLY INCOME LIMIT Updated 04/2026 RESOURCE LIMIT Updated 04/2026 DEDUCTIBLE/SPEND DOWN Non-IV-E/ Special Needs Adoption Full Medicaid Coverage Children with medical or rehabilitative needs, which are barriers to adoption are considered special needs adoption children. These children are ineligible through Title IV-E because at the time of placement in foster care they did not meet IV-E requirements. MAGI Methodology 1. MAGI 2. MAF-M 3. Authorize ongoing Medicaid (See Notes)
NO YES
If ineligible under MAGI, the child must have been enrolled in or eligible for Medicaid immediately before the adoption agreement, is under a Non-IV-E state adoption agreement or determined to be special needs by the State adoption assistance agreement.
MFC- Medicaid for Former Foster Care
Full Medicaid Coverage Be age 18-26 and have been in foster care at age 18 and enrolled in NC Medicaid. There is no income.
NO NO
Effective January 1, 2023: Individuals who turn age 18 that were in foster care and receiving Medicaid in any state. Breast & Cervical Cancer Medicaid MAF-W Full Medicaid Coverage Be under the age 65 and not enrolled in any creditable medical insurance. Breast and Cervical Cancer Control Program (BCCCP) provider determines eligibility for Breast and Cervical Cancer Medicaid (BCCM). There is no income (BCCM).
NO NO
Family Planning MAF-D
Family Planning Program NO AGE LIMIT MAGI Methodology 195% of Poverty Level 1 - $2,594 2 - $3,517 3 - $4,440 4 - $5,636 5 - $6,286 NO NO
If a beneficiary’s income increases to more than 195%, he/she will be ineligible for family planning coverage. Transitional Medicaid (TMA) Full Medicaid Coverage A beneficiary may receive up to twelve months of Transitional Medicaid (TMA) when ineligible for MAF-C because of new or increased income. MAGI Methodology 185% of Poverty Level 1 - $2,461 2 - $3,337 3 - $4,212 4 - $5,088 5 - $5,964 NO NO
Must have been eligible for MAF-C in North Carolina in at least three of the six months immediately preceding the first month of ineligibility. There must be an eligible child receiving Medicaid Medicaid Expansion (MXP) Full Medicaid Coverage Age 19 or over and under age 65. MAGI Methodology 133% of Poverty Level 1 - $1,769 2 - $2,399 3 - $3,028 4 - $3,658 5 - $4,288 NO NO
***This chart addresses benefits and basic eligibility requirements. Other requirements (such as citizenship/alien status, incarceration, & state residence) which can also affect eligibility, or the level of benefits are not reflected on this chart. Revised 4/1/2026
CHANGE NOTICE FOR MANUAL NO. 03-26, 2026 FEDERAL POVERTY LEVEL CHANGES (FPL) INCOME CHANGES AND COST OF LIVING ADJUSTMENT (COLA) DISREGARD
DATE: February 3, 2026
Manual:
Aged, Blind, and Disabled Medicaid Change No:
03-26 To:
County Directors of Social Services I. BACKGROUND AND CONTENT OF CHANGE
Federal law requires poverty levels to be adjusted annually on the basis of the Consumer Price Index (CPI). This letter issues the 2026 Federal Poverty Level (FPL) income limit effective April 1, 2026.
When the COLA increase is greater than the Federal Poverty Level, some Medicaid beneficiaries may lose eligibility or move to deductible status. In this situation, the most recent COLA must be disregarded in determining continued eligibility. If the individual remains eligible when the Social Security Administration (SSA) COLA is disregarded, the disregard continues until the beneficiary loses Medicaid eligibility or becomes eligible without the disregard.
II. CONTENT OF CHANGE
A. The following charts have been updated with 2026 FPL income limit:
1. MA-2252, Non-MAGI Medicaid Income/Reserve Limits chart
2. MA-2311 LIS Processing and Case Maintenance Table 1 chart
4. DHB-5179, MAABD Eligibility Overview chart
5. Basic Eligibility Medicaid Requirements chart ASIC MEDICAID ELIGI B. NC FAST System
1. 2026 Federal Poverty Income/Reserve Limits are programmed in NC FAST. The system will use appropriate income/reserve limits for all applications and recertifications, including retroactive applications months.
Docusign Envelope ID: 012DA132-DD62-4FAA-A37A-A41871BF7B0E
2. COLA disregard is programmed in NC FAST. The system will apply disregard for those beneficiaries who received this year SSA COLA increase.
III. EFFECTIVE DATE AND IMPLEMENTATION
The 2026 FPL income limit increase is effective April 1, 2026.
If you have any questions regarding information in this change notice, please contact your Medicaid Operational Support Team Representative.
Jay Ludlam Deputy Secretary, NC Medicaid Docusign Envelope ID: 012DA132-DD62-4FAA-A37A-A41871BF7B0E
1 North Carolina Department of Health and Human Services North Carolina Medicaid Division of Health Benefits FAMILY AND CHILDREN’S MEDICAID MANUAL
FAMILY AND CHILDREN’S MEDICAID TABLE OF CONTENTS
REVISED 8/15/2023 – CHANGE NO. 11-23
MA-3100 Introduction MA-3110 Definitions MA-3120 SSI Medicaid MA-3185 Discouragement MA-3190 Inquiry MA-3200 Application MA-3205 Post Eligibility Verification MA-3207 Outstations MA-3217 Evaluating County/DDS Performance MA-3225 Application Processing-Corrective Action Procedures MA-3230 Auto Newborn MA-3231 Adoption Medical Assistance MA-3232 Foster Care Medical Assistance MA-3233 Former Foster Children (MFC) MA-3234 Expanded Foster Care Program (EFCP) MA-3235 Caretaker Relative/Kinship MA-3240 Pregnant Woman Coverage MA-3245 Presumptive Eligibility for Pregnant Woman MA-3246 Hospital Presumptive MA-3250 Breast and Cervical Cancer Medicaid (BCCM) MA-3260 Community Alternatives Program (CAP) Medicaid Eligibility MA-3262 Money Follows the Person MA-3263 Managed Care MA-3265 Family Planning Program MA-3270 Program Of All-Inclusive Care For The Elderly (PACE) MA-3300 Income MA-3305 MAF, MIC,HSF Budgeting MA-3306 Modified Adjusted Gross Income (MAGI) MA-3310 Reasonable Compatibility MA-3313 Sponsor Deeming MA-3315 Medicaid Deductible MA-3320 Resources MA-3321 MAGI Medicaid MA-3322 Community Spouse Resource Protection MA-3325 Long Term Care Budgeting
MA-3326 Estate Recovery MA-3330 Alien Requirements MA-3331 Citizenship/Identity SSA Data Match MA-3332 US Citizenship Requirements MA-3333 Tribal Membership and Indian Health Services (IHS) MA-3335 State Residency MA-3340 County Residence MA-3345 Age/Name/Marital Status MA-3355 Enumeration Procedures MA-3360 Living Arrangement MA-3365 Child Support MA-3400 Four Months Transitional Medicaid MA-3405 Twelve Months Transitional Medicaid MA-3410 Change in Circumstance, Terminations, and Reopening MA-3415 Classification and Evaluation MA-3420 Medically Needy Recertification MA-3421 MAGI Recertification MA-3425 Certification and Authorization MA-3430 Notice and Hearings Process MA-3435 Community Care of North Carolina/Carolina Access MA-3500 Confidentiality MA-3505 Medicaid Identification Card MA-3510 Third Party Recovery MA-3515 Automated Inquiry and Match Procedures MA-3520 Automated SOLQ Procedures MA-3525 Medicare Enrollment & Buy-In MA-3530 Corrective Action and Responsibility for Errors MA-3535 Recipient Fraud and Abuse Policy and Procedures MA-3540 Medicaid Covered Services MA-3550 Non-Emergency Medical Transportation (NEMT) MA-3560 Security of Internal Revenue Service and Social Security Administration Data Information
North Carolina Department of Health and Human Services Division of Medical Assistance Medicaid Eligibility Unit AGED, BLIND, AND DISABLED MEDICAID MANUAL
MA-200
DEFINITIONS
1 MA-200 DEFINITIONS
REVISED 11/01/07 – CHANGE NO. 25-07 I. ACRONYMS
AAF & AFDC Aid to Families with Dependent Children [now called Work First Family Assistance (WFFA) or Temporary Assistance to Needy Families] ADH Administrative Disqualification Hearing ALJ Administrative Law Judge AMA American Medical Association AOC Administrative Office of the Court AP Absent Parent APS Adult Protective Services APT Average Processing Time A/R Applicant/Recipient AS Adult Services or Adoption Subsidy ASVI Alien Status Verification Index AU Assistance Unit AV Actual Value BCCM Breast and Cervical Cancer Medicaid BCIS Bureau of Citizenship and Immigration Services (formerly known as Immigration and Naturalization Service) BEER Beneficiary Earnings Exchange Report BENDEX Beneficiary Data Exchange BEOG Basic Education and Opportunity Grant BH Boarding Home BU Budget Unit CAA Community Action Agency CAP Community Alternative Program CAP/C CAP for Children (Katie Beckett) CAP/CHOICE CAP Choice ICF and SNF CAP MR-DD CAP for Mentally Retarded - Developmentally Disabled C/S Client Statement DA Disabled Adult CC Child Care CD Certain Disabled CD-SA Certain Disabled - Special Assistance CFR Code of Federal Regulations CHIP Children’s Health Insurance Program (NCHC in North Carolina) CHS Community Health Services CIP Crisis Intervention Program
North Carolina Department of Health and Human Services AGED, BLIND, AND DISABLED MEDICAID MANUAL
MA-200
DEFINITIONS
2 REVISED 11/01/07 – CHANGE NO. 25-07 (I.) CMS Centers for Medicare and Medicaid (formerly HCFA) CMV Current Market Value CN Categorically Needy CN-NMP Categorically Needy - No Money Payment COC Cost of Care COLA Cost of Living Adjustment CP Certification Period CPI Continuous Period of Institutionalization CPS Child Protective Services CSC Clerk of Superior Court CSRP Community Spouse Resource Protection CTC Child Tax Credit CUSP Community Spouse CWS Child Welfare Services DA Disabled Adult DAC Disabled Adult Child DBA Doing Business As DDS Disability Determination Services DEC Developmental Evaluation Center DENR Department of Environmental and Natural Resources DHHS Department of Health and Human Services DMA Division of Medical Assistance DME Durable Medical Equipment DMV Department of Motor Vehicles DOA Date of Application DOB Date of Birth DOC Department of Corrections DOD Date of Disposition DOT Department of Transportation DRG Diagnosis Related Groupings DSB Division of Services for the Blind DSS (County) Department of Social Services DSS (State) Division of Social Services E&T Employment and Training EA Emergency Assistance EDS Electronic Data Systems EEOC Equal Employment Opportunity Commission EFAP Emergency Food Assistance Program EFCP Expanded Foster Care Program EITC Earned Income Tax Credit EIS Eligibility Information System EOB Explanation of Benefits EOO Economic Opportunity Office EPICS Enterprise Program Integrity Control System
North Carolina Department of Health and Human Services AGED, BLIND, AND DISABLED MEDICAID MANUAL
MA-200
DEFINITIONS
3 REVISED 11/01/08 – CHANGE NO. 24-08 (I.) EPSDT Early and Periodic Screening, Diagnosis and
Treatment (now called HEALTH CHECK) ESC Economic Services Committee ESC Employment Security Commission F&CS Family and Children's Services FC Foster Care FEMA Federal Emergency Management Act FFP Federal Financial Participation FH Foster Home FL-2 Level of Care Designation Form FNS Food and Nutrition Services FPL Federal Poverty Limit FPW Medicaid Family Planning Waiver FRR Financial Resource Report FS Food Stamps FSA Family Service Association FSIS Food Stamp Information System FY Fiscal Year GA General Assistance GS General Statutes HCWD Health Coverage for Workers with Disabilities HH Household HHS U.S. Department of Health and Human Services HIPP Health Insurance Premium Payment HIPAA Health Insurance Portability and Accountability Act HIT Home Infusion Therapy HSF State Foster Home Fund HUD U.S. Department of Housing and Urban Development I&R Information and Referral I-AS IV-E Adoption Subsidy and Foster Care ICCA Individual Child Care Arrangement ICF Intermediate Care Facility ICF-MR Intermediate Care Facility - Mental Retardation IE Individual Eligibility Segment IEVS Income Eligibility Verification System IHE Inadvertent Household Error IMC Income Maintenance Caseworker IMS Income Maintenance Supervisor IMS Income Management System INS Immigration and Naturalization Service (currently known as the Bureau of Citizenship and Immigration Service) IPV Intentional Program Violation IRS Internal Revenue Service ISM In-kind Support and Maintenance ISP Institutionalized Spouse
North Carolina Department of Health and Human Services AGED, BLIND, AND DISABLED MEDICAID MANUAL
MA-200
DEFINITIONS
4 REVISED 11/01/08 – CHANGE NO. 24-08 (I.) IV-D Child Support Enforcement IV-E Title IV-E Foster Care and Adoption Assistance JOBS Job Opportunities and Basic Skills LA Living Arrangement LEAA Law Enforcement Assistance Administration LIEAP Low Income Energy Assistance Program LIS Low Income Subsidy LPR Lawful Permanent Resident LTC Long Term Care LTR Lawful Temporary Resident M-AA Medical Assistance to the Aged M-AB Medical Assistance to the Blind M-AD Medical Assistance to the Disabled M-AF Medical Assistance to Families with Dependent Children M-IC Medicaid for Infants and Children MMIS Medicaid Management Information System M-PW Medicaid for Pregnant Women M-QB-Q Medicaid Qualified Medicare Beneficiary M-QB-B Medicaid Specified Low Income Medicare Beneficiary M-QB-E Medicaid Qualifying Individuals 1(QI1) M-RF Medicaid for Refugees MHSA Medicare Medical Health Savings Account M-SB Medicaid - Special Assistance to the Blind MA Medical Assistance MAABD Medical Assistance - Aged, Blind, Disabled MBR SSA Master Beneficiary Record MCI Master Client Index MFP Money Follows the Person MID Medicaid Identification Number MN Medically Needy MPR Medicaid Program Representative MR Mentally Retarded MRR Medicaid Reimbursement Rate MRRB Monthly Report Retrospective Budgeting MR-2 Level of Care Designation Form for Mentally Retarded MSW Master of Social Work M-WD Medicaid - Working Disabled N/C No Change NA Non-Assistance NADA National Auto Dealer Association NCAC North Carolina Administrative Code NCGC North Carolina General Code NCGS North Carolina General Statutes NCHC North Carolina Health Choice NCXPTR North Carolina Exporter
North Carolina Department of Health and Human Services AGED, BLIND, AND DISABLED MEDICAID MANUAL
MA-200
DEFINITIONS
REVISED 03/01/11 – CHANGE NO. 03-11 (I.) NESE Net Earnings from Self-Employment NPA Non Public Assistance OASDHI Old Age and Survivors, Disability and Health Insurance (now RSDI) OASDI Old Age and Survivors, Disability and Insurance OEO Office of Economic Opportunity OJT On the Job Training PA Public Assistance PACE Program of All Inclusive Care for the Elderly PACE, INC. Plan to Assure College in N.C. PASS Plan to Achieve Self-Support PCP Personal Care Provider PCS Personal Care Services PDN Private Duty Nursing PDP Preferred Drug Plan PE Presumptive Eligibility PIL Poverty Income Level PL Public Law PLA Private Living Arrangement PMH Pregnancy Medical Home PML Patient Monthly Liability PNA Personal Needs Allowance PPA Past-Paid Public Assistance PPT Percentage of Cases Processed within the required time standard PRTF Psychiatric Residential Treatment Facility PW Pregnant Woman QC Quality Control QDWI Qualified Working Disabled Individual (same as M-WD) QI Qualifying Individuals QI1 Qualifying Individuals 1 (same as MQB-E) QMB Qualified Medicare Beneficiaries (same as MQB-Q) QR Quarterly Report R/S Representative's Statement ROD Registrar of Deeds RF Refugee RMDS Report Management and Distribution System (now changed to XPTR or NCXPTR) RR Railroad Retirement RSDI Retirement, Survivors, Disability Insurance S/C SA State/County Special Assistance for Adults SA Special Assistance S-AA Special Assistance for the Aged S-AB Special Assistance for the Blind S-AD Special Assistance for the Disabled SA-IH Special Assistance In Home Demonstration Project SAVE Systematic Alien Verification for Entitlement Programs SBHF State Boarding Home Funds
5
North Carolina Department of Health and Human Services AGED, BLIND, AND DISABLED MEDICAID MANUAL
MA-200
DEFINITIONS
6 REISSUED 03/01/11 – CHANGE NO. 03-11 (I.) S-CD Special Assistance for the Certain Disabled SDX State Data Exchange SFHF State Foster Home Fund SIS Services Information System SLMB Specified Low Income Medicare Beneficiaries (same as M-QB-B) SNF Skilled Nursing Facility SO State Office SOLQ State Online Query SSA Social Security Administration SSI Supplemental Security Income SSN Social Security Number SUA Standard Utility Allowance SUR Services User Record (over utilization) SW Social Worker T/C Telephone call TAD Turn Around Document TANF Temporary Assistance for Needy Families (called WFFA in North Carolina) TBR Transitional Benefit Report TC Transaction Code TFP Thrifty Food Plan TFAP Temporary Food Assistance Program TMA Transitional Medicaid TPL Third Party Liability TPQR Third Party Query Response TPQY Third Party Query TPR Third Party Recovery UA Utility Allowance UI Unemployment Insurance UIB Unemployment Insurance Benefits UMN Unmet Medical Needs UR Utilization Review USDA United States Department of Agriculture VA Veterans Administration VAWA Violence Against Women Act VR Vocational Rehabilitation WBA Weekly Benefit Amount WFFA Work First Family Assistance (Nationally known as TANF) WIC Women, Infants and Children WOTC Work Opportunity Tax credit WP Work Program WR Work Registration XPTR Exporter
North Carolina Department of Health and Human Services AGED, BLIND, AND DISABLED MEDICAID MANUAL
MA-200
DEFINITIONS
7 REVISED 11/01/08 – CHANGE NO. 24-08 II. PROGRAMS
Benefit Diversion --- A cash payment assistance alternative to traditional Work First Family Assistance (WFFA) for families with a temporary, non-recurring situation associated with employment or other sources of financial stability.
Breast and Cervical Cancer Medicaid --- A program of medical assistance for women enrolled and screened for breast and cervical cancer through the Breast and Cervical Cancer Control Program.
Emergency Assistance --- A cash payment program to assist families with children who are in a crisis situation.
Community Alternative Programs (CAP) --- Special Medicaid for individuals placed in the community who are at risk of institutionalization.
MFP --- Money Follows the Person. MFP provides the services and supports necessary to allow Medicaid eligible people, who meet the criteria for enrollment in CAP/Choice, CAP/DA, CAP- MR/DD, or PACE to move out of institutions and back home or into the community.
Energy Assistance --- Cash payments offered to eligible households to help defray the high cost of heating/cooling.
a. CIP --- Assistance with heating or cooling related emergencies.
b. LIEAP (LIHEAP) --- Annual cash payment to low-income households to assist with heating costs.
c. Other Energy Assistance Resources --- Private and/or public moneys available in some counties to assist low-income households with heating or cooling costs (i.e. Project Share, FEMA, etc.).
Expanded Foster Care Program (EFCP)--- for IAS and HSF adolescents ages 18, 19, and 20 will be without regard to the adolescent’s assets or income levels through the month they turn age 21.
Food and Nutrition Services --- A program to assist eligible households with the purchase of food.
Health Coverage for Workers with Disabilities (HCWD) --- A program to allow individuals with disabilities to work and receive income while maintaining Medicaid benefits.
Low Income Subsidy --- A program that provides additional assistance for Medicare beneficiaries with income less than 150% of the federal poverty level for the Medicare Part D program.
Medicaid Family Planning Waiver (FPW)--- A program for men, ages 19 through 60, and women, ages 19 through 55, with income at or below the 185% of the poverty level, to receive family planning services.
Medical Assistance --- (Medicaid) A program to assist eligible aged, disabled, blind, individuals, pregnant women, families and/or children with the cost of medical care.
M-AA --- Medicaid to the Aged. A program of medical assistance for individuals age 65 and over.
North Carolina Department of Health and Human Services AGED, BLIND, AND DISABLED MEDICAID MANUAL
MA-200
DEFINITIONS
8 REISSUED 11/01/08 – CHANGE NO. 24-08 (II.)
M-AB --- Medicaid to the Blind. A program of medical assistance for individuals of any age who meet Social Security's definition of blindness.
M-AD --- Medicaid to the Disabled. A program of medical assistance for individuals under age 65 who meet Social Security's definition of disability.
M-AF --- Medicaid to Families with Dependent Children. A program of medical assistance for children and adults who meet the requirements of eligibility.
a. MAF-D --- Medicaid Family Planning Waiver
b. MAF-W --- Breast and Cervical Cancer Medicaid
M-IC --- Medicaid to Infants and Children. A program for medical assistance for children under the age of 19 whose countable income falls under a specified percentage of the Federal Poverty Limit.
M-PW --- Medicaid for Pregnant Women. A program for medical assistance for pregnant women whose income falls under a specified percentage of the Federal Poverty Limit.
M-QB-B --- Specified Low Income Medicare Beneficiaries. A limited Medicaid program which pays a recipient's Medicare B premiums only.
M-QB-Q --- Qualified Medicare Beneficiaries. A limited Medicaid program that pays a recipient's Medicare premiums, deductibles and copayments only.
M-QB-E --- Qualifying Individual 1 (QI1). A limited Medicaid program which pays a recipient’s Medicare B premiums only. Funding for the program is capped.
M-RF --- Refugee Assistance. A medical assistance program for refugees.
M-SB --- Medicaid for Special Assistance to the Blind. A medical assistance program for recipients of Special Assistance to the Blind money payments.
M-WD --- Qualified Disabled Working Individuals. Individual who is eligible for Medicaid payment of Medicare Part A premiums after automatic entitlement to free Part A ends due to individual's earnings and whose income does not exceed 200% of poverty level. This is the only Medicaid benefit covered by this program.
NCHC --- North Carolina Health Choice for Children. A health insurance program for uninsured children under the age of 19 who do not qualify for Medicaid and have family income under 200% of the Federal Poverty Limit. Funding for this program is capped. This program is known as Children’s Health Insurance Program (CHIP) at the national level.
North Carolina Department of Health and Human Services AGED, BLIND, AND DISABLED MEDICAID MANUAL
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DEFINITIONS
REVISED 03/01/11 – CHANGE NO. 03-11 (II.) PACE --- Program of All-inclusive Care for the Elderly. A managed care service delivery for the frail community-dwelling elderly, most of whom are dually eligible for Medicare and Medicaid benefits, and all of whom are certified eligible for nursing home placement according to North Carolina standards.
Pregnancy Medical Home (PMH) -- A managed care service that assists pregnant Medicaid recipients with perinatal care (the period immediately before and after birth) thereby ensuring healthy pregnancies and improving birth outcomes. This will be done by modeling the PMH after the enhanced primary care case management (PCCM) program developed by CCNC.
Special Assistance - (SA)
a. Adult Care Home --- Cash payments and medical assistance for eligible aged, disabled and blind individuals residing in a licensed adult care home facility.
b. Certain Disabled --- Cash payment only for individuals in a private living arrangement who meet the state's definition of disability. (This program is not available in all counties.)
c. In-home --- Cash payments and medical assistance for eligible aged, disabled and blind individuals residing in a private living arrangement who are at risk of placement in an adult care home.
Work First Family Assistance --- A cash payment and Medicaid program for families with children who are low income. This program is known as TANF at the national level.
III. DEFINITIONS
Actuarially Sound – A promissory note, annuity, mortgage or loan established to pay off the entire asset value over the actual or expected lifetime of the annuitant/lender is actuarially sound. The annuitant/lender is expected to live long enough to receive an amount that is equal to or greater than the amount originally invested. The total amount of proceeds must be designed to be paid out in equal amounts during the term of the agreement, with no deferral and no balloon payments.
Annuitant – An annuitant is the person who receives the income payments of an annuity policy at maturity date for life or for a specified period. The annuitant may or may not be the same as the owner.
Annuitize – Converting the principle of an annuity into a series of payments.
Annuity - An annuity is a type of trust. An individual pays an entity a lump sum of money in return for the right to receive fixed, periodic payments, either for life or a term of years. This includes the investment portion of a single premium pure endowment life insurance policy.
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North Carolina Department of Health and Human Services AGED, BLIND, AND DISABLED MEDICAID MANUAL
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DEFINITIONS
10 REISSUED 03/01/11 – CHANGE NO. 03-11 (III.) Actual Time Report Card --- A report card that shows individual county/DDS average processing time and the percentage processed timely counting actual days to complete applications in a month. The actual processing time excludes no days and does not adjust the 45th/90th day.
Add-on --- Any individual added to an active case.
Adequate Notice --- A notice that must be received before the effective date of the change that informs the a/r of action taken.
Adjusted Payment --- A payment to the recipient to correct an underpayment and/or other upward adjustments that are needed
Adjusted Application Report Card --- A report card that shows the individual county/DDS average processing time and percentage processed timely excluding days allowable by policy to complete applications.
Adult Care Home --- Licensed group care facility.
Affidavit of Support --- This is a statement of a sponsor’s income, resources, and willingness to support an alien. It is filed with the BCIS by a U.S. resident who sponsors an alien seeking admission to the U.S. as a permanent resident.
Alien --- An alien is an individual who lives in the U.S. but is not a citizen.
Appeal --- An appeal is a request of an applicant/recipient or his representative for a review of the action taken on his case. An SSI Medicaid recipient will appeal through SSA. A non-SSI Medicaid recipient will request an appeal through his county income maintenance caseworker. An appeal of the level of care is requested through the North Carolina Division of Medical Assistance.
Applicant --- A person who signs under penalty of perjury a written application for MA or on whose behalf a written application is made and signed by an authorized representative.
Application --- An application for MA signed by the applicant or his authorized representative.
Application Process --- A series of actions leading to a determination of eligibility or ineligibility for MA.
Approved Amount --- In Medicare claims, the portion of the medical charge that Medicare approves as reasonable. Medicare pays 80% of the approved amount.
Approved Level of Care --- The level of care recommended by the patient's attending physician that meets level of care criteria and is approved by the Prior Approval Unit. See FL-2/MR-2.
Assessment --- The procedure for determining the community spouse's share of resources owned by the couple at the time of institutionalization.
Asset – For purposes of transfer of assets, is resources and income.
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DEFINITIONS
11 REISSUED 03/01/11 – CHANGE NO. 03-11 (III.) Assignment --- For Medicare, the medical provider's agreement to accept Medicare's approved amount. Medicare pays the provider directly and the provider may charge the patient only the 20% coinsurance. Providers must accept the Medicare assignment if they bill Medicaid for the 20% coinsurance.
Assistance Unit --- The assistance unit (a.u.) consists of the individuals for whom assistance is requested, who are eligible and in the same coverage group and who have the same financially responsible person(s).
Assisted Living --- Group care for a person who cannot remain in his own home and who is placed in a facility licensed by the Department of Health and Human Services as an adult care home.
Authorization Period --- Period for which all factors of eligibility have been established and the recipient is authorized to receive Medicaid.
Authorized Representative --- Any individual who is legally authorized or designated in writing by the applicant/recipient to act on behalf of the applicant/recipient.
Automated Notice --- A notice produced and mailed by EDS to an applicant/recipient based on codes entered by the income maintenance caseworker when action is keyed.
Award Letter --- A statement to an individual from a governmental or private agency indicating benefits for which he/she is eligible.
Base Period --- A designated time for verifying income that is counted in determining the benefit.
Battered Alien --- An immigrant who has been battered or subjected to extreme cruelty by a spouse, parent, or member of the spouse or parent’s family residing in the same household.
Beneficiary of an annuity – The beneficiary is the person who receives any benefit that is paid upon death of the annuitant prior to the maturity date of the annuity.
BENDEX --- Beneficiary Data Exchange System, a computer printout listing the amount of an individual's Social Security benefits.
Benefit Diversion --- Benefit Diversion is a cash payment assistance alternative to traditional Work First Family Assistance (WFFA) for families with a temporary, non-recurring situation associated with employment or other sources of financial stability.
Black Lung --- Payments to a disabled worker, dependents, or survivors resulting from exposure to coal dust.
Boarder --- A person who lives with the a/r and pays a set amount for a room and meals.
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DEFINITIONS
12 REISSUED 03/01/11 – CHANGE NO. 03-11 (III.) Brown Lung Benefits --- Payments made to persons disabled by lung disease resulting from exposure to raw cotton dust.
Budget Unit --- Persons whose income and resources are considered in the determination of eligibility for an individual or family group.
Caretaker Relative --- The natural or adoptive parent or the specified relative living in the household with the child who is eligible for Medicaid and providing the child's day-to-day care and supervision.
Carolina Access --- A program to link Medicaid recipients with a primary care provider who agrees to provide or arrange most of the enrollee's health care services.
Case ID Number --- A unique computer-assigned identification number.
Case Number --- A number assigned to a case by a county department of social services.
Case Record --- A file containing the application and all documents verifying initial and continuing eligibility for members of the assistance unit.
Casehead/Payee --- The person to whom the benefits are written.
Categorically Needy – SSI Recipient -- Medicaid classification for individuals receiving SSI who are automatically eligible for Medicaid. Classification will always be C or Q (if Medicare). The aid program/category is MAD, MAA, SAA, SAD, AAF payment type 5 or HSF.
Categorically Needy – Non SSI Recipient --- Medicaid classification for Work First coverage groups and for Medicaid cases with caretaker relatives and/or children under 21 who meet the categorically needy income and, if applicable, asset requirements. Classification is C or N. Work First cases must be classified C. Individuals age 19 and 20 who are not caretakers of a child and independently living children under 19 who are not otherwise eligible for MIC must be evaluated for MAF-N. Individuals determined eligible under a poverty coverage group must be N (either MIC or MPW). Caretaker relatives and other children under 19 who meet categorically needy requirements are classified C.
Certification period --- The period of time for which assistance is requested and in which all eligibility factors except need and reserve (when applicable) must be met.
Change in Situation --- A change in a recipient's circumstances that may affect eligibility for assistance.
Child Support --- Money or in-kind goods given for a child by a parent for the child's care.
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DEFINITIONS
13 REISSUED 03/01/11 – CHANGE NO. 03-11 (III.) Child Tax Credit (CTC) ---Supplement to the earnings of low income taxpayers with earned income. Must be a parent, step-parent, grandparent, or foster parent with a dependent child. The child tax credit may provide a refund to individuals even if they do not owe any tax. There is no advance payment with CTC.
Children’s Health Insurance Program (CHIP) --- The national title for the Health Choice program. (See North Carolina Health Choice.)
Client --- means any applicant for or recipient of Medicaid, or someone who makes inquiries, is interviewed, or has been otherwise served.
Closing Date --- The last day of the month in which the a/r is eligible for benefits.
Collateral --- Any individual, employee, or person representing an agency, firm, organization, etc., whom the Income Maintenance Caseworker approaches to obtain verification of information provided by the budget unit.
Commissions --- Percentage of money made on sales and given in pay, in addition to salary or wages.
Communal Dining Facility --- A public or nonprofit private establishment, approved by FNS, which prepares or serves meals for elderly persons or for Supplemental Security Income recipients and their spouses.
Community Spouse --- The non-institutionalized spouse of an institutionalized spouse.
Community Spouse Resource Allowance --- An amount of countable resources held by the institutionalized spouse, the community spouse or both which is protected for the use of the community spouse. This amount is not considered available to the institutionalized spouse.
Compensation ---- Something received as payment for an asset. Payment is usually considered to be cash, but other forms of payment include in-kind income, real or personal property, support and maintenance, services, or assumption of a legal debt.
Confidentiality --- Safeguarding client information.
Contested Decision --- A tentative State hearing decision with which a county or the a/r disagrees.
Contiguous Property --- Real property with boundaries that touch the homesite property, disregarding the presence of streets, roads, rivers or streams.
Continuous Eligibility --- Once a child under age 19 has qualified for Medicaid he can receive for up to 12 months regardless of financial changes that affect eligibility.
Contribution --- Donation of cash or in-kind made by an individual to or on behalf of a member of the budget unit.
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DEFINITIONS
14 REISSUED 03/01/11 – CHANGE NO. 03-11 (III.) Cost of Care ---- The amount of money charged to an individual for NF or ICF-MR level of care, a swing bed, or inappropriate level of care bed in a hospital, or waiver services for the Community Alternatives Program (CAP).
County Case Transfer --- The process of referring a case from one county to another based upon the client's new residence. (See County Reassignment)
County Reassignment --- Case action taken when an a/r moves from one county to another.
Court-Ordered Guardianship Fees --- A fee owed to an a/r’s guardian due to a court order and which is deducted from the a/r’s income.
Court-Orders --- Decisions made by judges of courts of competent jurisdiction that specify changes and/or procedures the county DSS's must follow (i.e. Blue v. Craig, child support, custody).
Coverage Group --- The category under which an individual is determined eligible for assistance.
Current Market Value --- The value of an asset if sold on the open market. For real and personal property it is the tax assessed value of the property, unless that value is rebutted and a different value established. Refer to MA-2230, Financial Resources, for instructions on establishing and rebutting the tax value.
Deductible --- An amount for medical expenses that must be paid or incurred by the applicant/recipient or a current budget unit member before Medicaid can be authorized. A deductible results when the countable income of the budget unit members exceeds the established income or maintenance level for the number of persons in the budget unit. (Sometimes called a "spenddown.")
Deductible Balance --- The amount of the deductible remaining to be met on the date Medicaid is authorized and which the applicant/recipient is responsible to pay.
Deduction --- Mandatory and allowable work related expense subtracted from gross earned income for members of the budget unit.
Deemed --- The process of considering income and reserve of persons in the household, or sponsors of lawfully admitted aliens as available to the a/r.
Demonstrated Hardship – The a/r, spouse or personal representative proves through the greater weight of evidence that a denial of institutional services due to excess home equity value will cause the a/r a hardship.
Denial --- Rejection of benefits of the applicant.
Dependent --- An individual who is financially dependent upon another for his well being as defined by financial responsibility regulations for the program.
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DEFINITIONS
15 REISSUED 03/01/11 – CHANGE NO. 03-11 (III.) Deregistration --- The process by which an individual is removed from work registrant status.
Destitute Households ---- A migrant or seasonal farm worker household whose terminated income was received prior to the date of application and/or no more than $25 will be received from a new source by the 10th day of the month of application. (Applicable to Food Stamp program only.)
Determination of Eligibility --- The process of verifying eligibility factors for applicants/recipients to arrive at a decision on eligibility or ineligibility for programs based on the North Carolina Administrative Code, North Carolina General Statutes, and Federal Regulations.
Diagnosis Related Groupings --- Medicare and Medicaid reimburses general hospitals based on DRG's, a set fee based on the hospital's classification and the patient's diagnosis. The fee paid may be greater or less than the actual charge for the specific procedure provided. The hospital accepts the DRG fee as payment in full. The patient may not be billed if the fee paid is less than the actual charge. Conversely, the patient may not be credited for any excess if the DRG fee paid is greater than the actual charge. He will be responsible only for the Medicare Part A or Medicaid deductible.
Disability --- As defined by the Social Security Administration (SSA), a physical or mental impairment of such severity that it prevents the applicant from engaging in substantial gainful activity (or for a child under 18, an impairment of comparable severity) for at least a year or is expected to result in death. Note: substantial gainful activity is not a consideration for determining disability in HCWD cases.
Disability Determination Services --- The section of the North Carolina Division of Vocational Rehabilitation (VR) that is responsible for making determination of disability for RSDI, SSI, and Medicaid.
Disabled Adult Child --- An individual who is blind or permanently and totally disabled who is unable to become self-supporting after age 18.
Disqualified Individual --- An individual removed from Food Stamps due to an Intentional Program Violation, or for failure or refusal to comply with all program requirements.
Disregard of Earned Income --- Exemption of a portion of earned income for applicants/recipients.
Disregard of Income --- The procedure for exempting certain portions of income when determining benefits.
Division of Medical Assistance --- A division of the North Carolina Department of Health and Human Services responsible for the administration of the Medicaid program.
Division of Services for the Blind --- A division of the North Carolina Department of Health and Human Services responsible for providing financial and medical assistance and services for the blind.
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DEFINITIONS
16 REISSUED 03/01/11 – CHANGE NO. 03-11 (III.) Division of Social Services --- A division of the North Carolina Department of Health and Human Services responsible for providing financial assistance and services for families with children and aged and disabled individuals.
Documentation --- Record data substantiating all points of eligibility.
Earned Income Tax Credit --- Is a supplement to the earnings of the working poor. An eligible individual can choose to receive the credit in advance payments added to his paycheck or in a lump sum when he files his income tax return.
Effective Date --- The first day of the authorization period for MA.
Eligibility --- The status of an individual qualifying for MA.
Emancipated Minors --- Children who are no longer legally dependent upon their parents/guardians, due to marriage, etc.
Emergency Services Medicaid --- Eligibility for Medicaid by non-qualified aliens is limited to receipt of Medicaid on the days an emergency existed. An emergency is defined as labor and delivery or treatment after the sudden onset of a medical condition manifesting itself by acute systems of sufficient severity, including severe pain, such that absence of immediate medical attention could reasonably be expected to result in placing the patient’s health in serious jeopardy, or serious impairment to bodily function, or serious dysfunction of any bodily organ or part.
Enumeration --- The process of obtaining a Social Security Account Number.
Equity - The equity of real or personal property is the current market value (see definition above) less any encumbrances (mortgages, liens, or judgments) on the property.
Essential Person --- A person who gives essential service to the a/r and, if in need, is eligible to be included in the assistance unit.
Essential Spouse --- The spouse included in an AABD money payment in 12/73 who continues to be the spouse of and live with the individual who has continued to receive MA since 12/73 without termination.
Estate Recovery --- A claim filed against the estate of a deceased Medicaid recipient when Medicaid has paid for certain medical services. The claim is filed to recover Medicaid dollars paid on behalf of the individual.
Exemption --- Income that is subtracted from an AABD-MA applicant's/recipient's total monthly income, whether earned or unearned.
Ex Parte --- A determination of Medicaid eligibility from an existing record (such as from the SDX, county record, etc.)
North Carolina Department of Health and Human Services AGED, BLIND, AND DISABLED MEDICAID MANUAL
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DEFINITIONS
17 REISSUED 03/01/11 – CHANGE NO. 03-11 (III.) Expedited Services --- A procedure whereby the agency provides certain Food Stamp households an opportunity to receive benefits within a shortened time frame.
Fair Market Value --- For real or personal property, the tax value of the resource at the time of the transfer as verified by the county tax office, and for liquid assets, the current market value of the resource at the time of the transfer as defined in the Financial Resources Section.
Family Allowance --- The amount of income protected from an institutionalized spouse's income for a dependent family member.
Father, Alleged --- The man who is said, without proof, to be the father of the child when the courts have not established paternity.
Father, Legal --- (1) The man who is married to the mother at the time of the child's birth; or (2) A man who has been determined by the courts to be the father; or (3) A man who has legally adopted the child; or (4) A man who has signed affidavits legitimating the child.
Father, Natural --- The biological father of the child.
Father, Putative --- Same as Alleged Father.
Final Decision --- A decision by the State hearings office, after all non-judicial appeal rights have been exhausted.
Financially Responsible Person --- A parent or spouse whose income and resources are considered available to the Medicaid a/r as long as the a/r and the parent or spouse live together in the same household. Applies to PLA living arrangement only. (Same as budget unit.) For aliens admitted due to a sponsor, the sponsor and/or the sponsor’s spouse are financially responsible for the alien by deeming their income to the alien a/r following rules in MA-2262, Sponsor Deeming. They are not considered part of the budget unit and do not need to live with the alien.
FL-2 --- Long-Term Services prior approval form which gives a summary of the patient's medical requirements and which reflects the attending physician's recommendation for the level of care needed in an institutional setting. An approved FL-2 is required for any Medicaid recipient in a skilled nursing facility (SNF) or an intermediate care facility (ICF).
Forgery --- Signing someone else's name without proper authorization.
Fraud --- A criminal act in which an a/r or authorized representative makes a false statement and/or withholds information willfully, knowingly, and with deceitful intent and, as a result, obtains or attempts to obtain assistance for which he is not eligible.
North Carolina Department of Health and Human Services AGED, BLIND, AND DISABLED MEDICAID MANUAL
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DEFINITIONS
18 REISSUED 03/01/11 – CHANGE NO. 03-11 (III) Focused Risk Management Program (FORM) – (formerly Medication Therapy Management) Medicaid recipients participating in FORM may have their prescription overridden at the discretion of the pharmacist. The pharmacists coordinates, integrates and communicates medication regimen discussions with the patients primary care provider and upon consensus, translates the information to the recipient.
Greater Weight of the Evidence – Refers to the quality and convincing force of the evidence rather than to the quantity of the evidence
Guardian --- A person appointed by a court to be legally in charge of the affairs of a minor, or of someone incapable of taking care of his own needs.
Hearing --- A review requested by an a/r to establish whether an adverse action taken by the county department of social services was correct. (See appeal.)
Heir Property --- Ownership of property passed by will or intestate succession.
Homeless --- An individual who lacks a permanent or fixed residence.
Homesite --- Principal place of residence owned by an a/r or a budget unit member.
Identification Card --- A card issued yearly which identifies a person who was authorized for Medicaid when the card was issued. The card does not serve as verification of current eligibility status.
Illegal Alien --- Aliens who entered the U.S. without knowledge of BCIS or were admitted for a limited period of time and did not leave the U.S. when the period of time expired. These aliens may be known or unknown in BCIS but are not in a satisfactory status with BCIS.
Income --- Cash or in-kind resources received for labor, services, government or private benefits, or any money available to members of the budget unit for their maintenance.
Income, Earned --- Money received as a result of employment.
Income, Gross --- Total income before allowable deductions.
Income, Net --- Income after all allowable deductions.
Income, Unearned --- Money received from any source other than employment.
Income Level --- See Maintenance Allowance.
Income Maintenance Caseworker --- Person employed by the county department of social services to determine eligibility for income maintenance programs.
North Carolina Department of Health and Human Services AGED, BLIND, AND DISABLED MEDICAID MANUAL
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DEFINITIONS
19 REISSUED 03/01/11 – CHANGE NO. 03-11 (III.) Incur --- Become liable for, regardless of whether the expense is paid or expected to be paid by insurance, including Medicare, or some other source.
Incurred Medical Expense --- A charge for a medical service provided to an individual regardless of whether it is paid or unpaid. It may be applied to the Medicaid deductible if it will not be reimbursed.
In-Home Health Services and Supplies---Medically necessary services provided to an applicant/recipient (a/r) by a Medicaid certified provider can be sanctioned due to a transfer of assets. These services include the following:
a. Durable Medical Equipment (DME) and related medical supplies such as wheelchairs, walkers, canes, hospital beds, oxygen and oxygen equipment, needed to maintain or improve a recipient’s medical, physical, or functional level.
b. Home Health Services covers home health aide services, skilled nursing, physical therapy, speech pathology and audiology, and occupational therapy provided by a Medicaid certified home health agency to help restore, rehabilitate or maintain a recipient in the home.
c. Home Health Supplies include items such as adult diapers, disposable bed pads, catheter and ostomy supplies provided by a Home Health or Private Duty Nursing (PDN) agency. PDN services are not provided to individuals in an Adult Care Home (ACH).
d. Home Infusion Therapy (HIT) covers self-administered therapies such as nutrition therapy (tube feeding), drug therapy including chemotherapy for cancer treatments, antibiotic therapy and pain management therapy.
e. Personal Care Services (PCS) are personal care activities such as bathing, toileting, monitoring vital signs, housekeeping and home management tasks essential for maintaining the recipient’s health performed by an in-home aide in a private residence.
PCS services provided to individuals in an ACH are not subject to this policy. Refer to MA-2240, Transfer of Assets, for an explanation of services.
In-kind Income --- Non-monetary assistance such as food, shelter or something the individual can use or convert to obtain food, or shelter.
Inmate of a Public Institution --- A person who is living in a public institution.
Inquiry --- A request for information regarding assistance or other services.
Institutional Living Arrangement – Institution or establishment that provides food, shelter and some treatment to 4 or more persons who are not related to the owner. This includes nursing facilities, group homes, orphanages, adult care homes, and residential treatment facilities.
North Carolina Department of Health and Human Services AGED, BLIND, AND DISABLED MEDICAID MANUAL
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DEFINITIONS
20 REISSUED 03/01/11 – CHANGE NO. 03-11 (III.) Institutionalized – Long Term Care Budgeting/Community Spouse Resource Allowance and Continuous Period of Institutionalization. This is 30 consecutive days in a medical facility or combination of medical facilities. The facilities are nursing facility, intermediate care facility-mental retardation, (ICF-MR) swing bed, inappropriate level of care in a hospital, or hospital acute level, and psychiatric residential treatment facility (PRTF).
Institutional Services - These services include services provided in a nursing facility (NF), intermediate care facility for the mentally retarded (ICF-MR), swing bed or inappropriate level of care bed, services provided through the Community Alternatives Program (CAP), or Program of All- Inclusive Care for the Elderly (PACE). These services can be sanctioned due to a transfer of assets. These services do not include acute hospital care regardless of length of stay.
Institutionalized Spouse - An individual who is in SNF, ICF-MR, swing bed or inappropriate level of care bed, state mental hospital, or a general hospital after 30 days, or is approved for CAP/DA or CAP/MR, or PACE, and is married to a spouse who is not institutionalized.
Institutionalized for Transfer of Assets – As defined for a transfer of assets review, institutionalized is an individual receiving institutional services in a nursing facility (NF), intermediate care facility for the mentally retarded (ICF-MR), swing bed, inappropriate level of care bed in a hospital, services provided through CAP, or services provided through PACE. This is different from the definition of institutionalized for long term care budgeting or institutional living arrangement when determining state/county residency.
Intake --- An initial interview.
Intermediate Care Facility - Mental Retardation Section (ICF-MR) --- An ICF for the mentally retarded that is affiliated with the State's retardation centers or mental hospitals.
Investigation --- A thorough examination of all eligibility factors.
Irrevocable Trust --- A contract in which the terms cannot be altered.
Job Bonus --- A one time 100% exclusion of earned income for 3 consecutive months for each parent/specified relative included in the assistance unit who becomes employed. Job Bonus is applicable ONLY to MAF-C and Work First cases.
Katie Beckett --- (CAP for Children) Medicaid Community Alternatives Program to allow disabled children who are at risk for institutionalization to receive medical care at home. Term used by other states. Katie Beckett is referred to as CAP-C in North Carolina.
Lawful Permanent Resident --- An alien who is legally admitted to the U.S. by the BCIS to live and work on a permanent basis.
Legal Parent --- Natural or adoptive parent after the final order of adoption is issued.
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DEFINITIONS
21 REISSUED 03/01/11 – CHANGE NO. 03-11 (III.) Legal Representative --- A person acting for and legally authorized to execute a contract for the a/r, such as but not limited to a legal guardian, parent of a minor child, holder of power of attorney, fiduciary (agent), conservator or any trustee managing the a/r’s resources. Legal authorization requires a separate legal document except for parents of minor children.
Legal Temporary Residents --- These are aliens who have applied for legalization and been granted lawful temporary resident status (LTR) and eventually granted lawful permanent residence.
Live-in Attendant --- An individual who resides in a household solely for the purpose of providing medical, housekeeping or childcare services.
Loans --- Money given with the intention of repayment.
Local Conference --- A conference held by the county DSS with a recipient regarding the proposed action on his Food Stamp case.
Local Hearing --- A hearing held by the county department of social services with the recipient following a written notice to the recipient regarding a change in his MA. Additional information may be presented by the recipient who may affect a decision in the case.
Long Term Care (LTC) Budgeting --- Budgeting for individuals who are in an institutional setting rather than in a private home setting. Spousal and parental financial responsibility does not apply in this type of budgeting. The cost of care (room and board) is considered a medical expense and is usually covered along with other medical expenses.
Long Term Care (LTC) Facility --- A skilled nursing facility (SNF), intermediate care facility for the mentally retarded (ICF-MR), state mental hospital, or general hospital after 30 continuous days.
Long Term Care (LTC) Living Arrangement --- Residence in a "nursing home setting" such as skilled nursing facility (SNF), intermediate mentally retarded (ICF-MR), or hospital swing bed/inappropriate level of care bed.
Long Term Care Ombudsman --- An advocacy program mandated by the Older Americans Act and North Carolina General Statutes. LTC Ombudsman assist LTC patients and their families with problems and questions related to LTC.
Lookback Date - The earliest date a transfer can occur and be evaluated for a transfer of assets for less than fair market value. The lookback date varies depending on when an individual applies for Medicaid, is admitted to a NF or ICF/MR or requests CAP waiver services. Sanctions can be determined for transfers that take place on or after the lookback date.
Low Income Subsidy (LIS) --- A program that provides additional assistance for Medicare beneficiaries with income less than 150% of the federal poverty level for the Medicare Part D program.
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DEFINITIONS
REVISED 03/01/11 – CHANGE NO. 03-11 (III.) Lump Sum Payment --- Money received with no anticipated recurrence.
Maintenance Allowance --- Amount an individual or family group is allowed for basic needs or maintenance.
Manual Notices --- In certain situations the IMC must complete and mail the appropriate notice informing the a/r of changes or adverse actions to be taken in his case.
Mass Revisions (Changes) --- Certain changes that are initiated by the State or Federal government that may affect the entire caseload or significant portions of the caseload.
Means Tested Program --- An assistance program in which an applicant's financial circumstances are considered.
Medicaid Certified --- Enrolled in the North Carolina Medicaid program.
Medicaid Couple --- An MAABD/MQB Medicaid a/r who is married and living with a spouse who is applying for or receiving MAABD/MQB Medicaid.
Medicaid Family Planning Waiver (FPW) --- A program for men age 19 through 60 and women age 19 through 55, with income at or below 185% of the federal poverty level, to receive family planning services.
Medicaid Individual --- A Medicaid a/r who is single or who is married to a WFFA or SSI Recipient.
Medicaid Ineligible Spouse --- An individual not receiving MAABD/MQB Medicaid who is married to and living with a spouse who receives MAABD/MQB Medicaid and who is not an WFFA or SSI recipient.
Medicaid Reimbursement Rate --- The rate at which a given facility is reimbursed for a Medicaid recipient in the approved level of care.
Medical Home -- A primary health care doctor’s office.
Medical Institution --- An institution that provides medical care, including nursing and convalescent care, such as a hospital.
Medicare --- A program of health insurance for aged and disabled individuals who meet the program's eligibility requirements. Title XVIII of the Social Security Act.
Medicare Medical Health Savings Account (Medicare Advantage) (MHSA) -- Yearly Medicare deposits into an interest-bearing account to help the plan member cover their health care costs until the deductible is met. The accounts are linked to high deductible health insurance polices. These plan account funds are a countable resource for Medicaid purposes.
Medicare Part D --- A prescription drug program through Medicare that provides all Medicare beneficiaries with prescription drug assistance. The Low Income Subsidy is a part of this program.
22
North Carolina Department of Health and Human Services AGED, BLIND, AND DISABLED MEDICAID MANUAL
MA-200
DEFINITIONS
23 REISSUED 03/01/11 – CHANGE NO. 03-11 (III.) Migrant Farm Worker --- A person who moves with the migrant stream in order to follow seasonal farm work employment, and does not return to his permanent home each night.
Military Allotments --- Benefits received by dependents of military personnel.
Minimum Medicaid Reimbursement Rate --- The lowest rate at which any facility in the state is reimbursed for a Medicaid patient in the approved level of care.
Minor Mother --- A mother below a certain age as defined by a specific program.
Misrepresentation --- An intentional or unintentional statement giving incomplete, false, or misleading information.
Multiple Household --- A household made up of more than one family unit. This does not include room and board situations, as persons in such living arrangements are considered separate households.
Name --- The name entered in EIS through the Individual ID assignment process or the Name Change (NC) screen. Matches Social Security Records (such as SDX, BENDEX, SOLQ, TPQ, Social Security Card, or Medicare Card.)
Needs Standard --- The amount of money the State determines essential to meet minimal standard of living for a family of a specified size.
Needy Spouse --- The spouse of the a/r whose needs and income are considered in the budget.
Net Profit --- The income received from self-employment, farming, roomers, boarders, or small business, minus allowable expenses.
Newborn Coverage --- Automatic Medicaid coverage for newborns based solely on mother's eligibility status.
Non-assistance Household --- A Food Stamp household in which all family members are not recipients of WFFA, SSI, or a combination of the two.
Non-cooperation --- Failure of a budget unit member to comply with program requirements.
Non-immigrant Aliens (temporary residents) --- Aliens who are not permanently residing in the U.S. These aliens are lawfully admitted but only for a specified period of time, such as foreign students, and are in a satisfactory status with BCIS. These aliens are ineligible for full Medicaid.
North Carolina Department of Health and Human Services AGED, BLIND, AND DISABLED MEDICAID MANUAL
MA-200
DEFINITIONS
REVISED 03/01/11 – CHANGE NO. 03-11 (III.) Non-qualified Alien --- An alien who does not meet the alien requirements to receive full Medicaid coverage. Non-qualified aliens potentially are eligible for emergency services only. Non-qualified aliens include illegal aliens, non-immigrants legally admitted to the U.S. but only for a temporary or specified period of time, and/or aliens admitted legally to the U.S. but who do not fall into one of the specified qualified alien categories.
North Carolina Health Choice for Children (NCHC)--- A health insurance program for uninsured children under the age of 19 who do not qualify for Medicaid and have family income under 200% of the Federal Poverty Limit. Funding for this program is capped. This program is known as Children’s Health Insurance Program (CHIP) at the national level.
Nursing Facility --- A nursing facility is a licensed skilled nursing facility (SNF) or intermediate care facility (ICF-MR).
Old Bills --- Outstanding medical bills that were incurred prior to the current certification period that have not been considered in establishing previous authorization.
Overissuance/Overpayment --- Benefits that are in excess of the amount for which the recipient was eligible.
Overstated PML --- Recipient paid too much toward cost of care due to PML being calculated incorrectly.
Partial Payment --- Assistance paid for a portion of the month. (N/A to Medicaid.)
Pass Along --- The disregard of Social Security benefits when determining eligibility for Medical Assistance.
Patient Monthly Liability (PML) --- The portion of his cost of care that a patient in long-term care is expected to pay.
Payee --- The person in whose name the assistance is made.
Payment month --- The month for which a client receives payment. (N/A to Medicaid.)
Payment Schedule --- A list mailed to the county department by the central office showing checks that will be mailed the subsequent month. (N/A to Medicaid.)
Penalty Period --- The period of time in which an a/r could be ineligible for Medicaid payment of nursing home cost of care, CAP, or in-home health services and supplies due to a transfer of resources. The penalty period is also referred to as a sanction period.
Perinatal---The period immediately before and after birth.
Perjury --- The voluntary violation of an oath or vow by swearing to what is untrue or by omission to do what was promised under oath. A signed application is a signed oath.
24
North Carolina Department of Health and Human Services AGED, BLIND, AND DISABLED MEDICAID MANUAL
MA-200
DEFINITIONS
25 REISSUED 03/01/11 – CHANGE NO. 03-11 (III.) Personal Representative --- A substitute payee appointed by the court when the specified relative payee is unwilling or unable to manage the assistance payment in the best interest of the children.
Plan to Achieve Self-Support (PASS) --- The Social Security Act authorizes the exclusion of income and resources of an individual who has a disability or is blind when the individual needs such income and resources to fulfill an approved Plan to Achieve Self-Support (PASS).
Poverty Level --- A Federally established income guideline used to define persons who are economically disadvantaged.
Presumptive Disability or Blindness --- Conditions under which SSI presumes that disability or blindness requirements are met and makes payment for a period of up to six months. If eligibility is not established for full benefits it is not required that repayment of benefits be made.
Presumptive Eligibility --- A determination of limited Medicaid eligibility for pregnant women, completed by qualified medical providers enrolled with and approved by the Division of Medical Assistance.
Primary Heating Source --- The source of heat used most by the household. (N/A to Medicaid.)
Private Disability or Unemployment Benefits --- Includes benefits paid by private insurance plans for persons incapacitated/unemployed.
Private Living Arrangement (PLA) Budgeting --- Evaluation of eligibility for medical charges only when an individual lives in his own home or an adult care home, and spousal and parental financial responsibility applies.
Private Rate --- The rate charged by a facility for a patient who is paying his own cost of care.
Processing Deadline --- The last date in the month the county can take appropriate action on a case.
Program of All-Inclusive Care for the Elderly (PACE) --- A program of all-inclusive care for the elderly. Managed care service delivery for the frail community-dwelling elderly, most of whom are dually eligible for Medicare and Medicaid benefits, and all of whom are certified eligible for nursing home placement according to North Carolina standards.
Program Transfer --- The process of transferring from one category of assistance to another.
Property Tax Value --- The latest tax value of property as ascertained according to Subchapter II of Chapter 105 of the N.C. General Statutes.
Prorated Benefits --- Benefits issued from the date of application. (N/A to Medicaid.)
Prospective Budgeting --- The best estimate of income for a specified period.
North Carolina Department of Health and Human Services AGED, BLIND, AND DISABLED MEDICAID MANUAL
MA-200
DEFINITIONS
26 REISSUED 03/01/11 – CHANGE NO. 03-11 (III.) Protective Payee --- A substitute payee appointed when the payee mismanages her money or fails to comply with program regulations.
Prouty (Age 72) Benefits --- Special benefits paid by SSA to persons age 72 or over who have not worked under the Social Security System; payments are minimal.
Psychiatric Residential Treatment Facility (PRTF) --- A facility that provides treatment for children with mental illness or substance abuse/dependency who require services in a non-acute inpatient setting. The child must require supervision and specialized interventions on a 24-hour basis to attain a level of functioning that allows subsequent treatment in a less restrictive setting.
Public Assistance Households --- A Food and Nutrition Services household in which all members receive or are determined eligible to receive SSI, WFFA, or a combination of the two.
Public Charge --- An alien who has become (for deportation purposes) or who is likely to become (for admission/adjustment purposes) solely dependent on government assistance. Government assistance includes Work First, SSI, and Medicaid for Long Term Care only.
Public Institution --- An institution that is the responsibility of a governmental unit or over which a governmental unit exercises administrative control.
Public Law --- A generic name for statutes passed by Congress.
Qualified Alien --- An alien who meets the alien requirements to receive full Medicaid coverage. Qualified aliens potentially are eligible for full Medicaid just like U.S. citizens.
Quality Control (QC) --- A management tool used to determine the accuracy of eligibility and evaluation of needed corrective action.
Quarterly Report --- A form issued quarterly to specified recipients for reporting all income, assets, and other eligibility factors as a requirement for continued benefits.
Reapplication --- A subsequent application when a case has been terminated or suspended.
Rebuttal – The process by which an a/r, the a/r’s spouse or representative proves through a greater weight of evidence factors that eliminate or decrease a sanction period.
Recertification --- A review of all factors of eligibility.
Recipient --- An eligible person whose needs are included in the assistance unit.
Recoupment --- Action to recover overpayments/overissuances made to recipients.
Reenrollment/Redetermination of Eligibility --- A complete review of all eligibility factors.
North Carolina Department of Health and Human Services AGED, BLIND, AND DISABLED MEDICAID MANUAL
MA-200
DEFINITIONS
27 REISSUED 03/01/11 – CHANGE NO. 03-11 (III.) Registrant --- An a/r who is required to register with the Employment Security Commission according to program regulations.
Registrant Pool --- The entire group of individuals who are registered with ESC for manpower services.
Regular Employment --- Employment, either full-time or part-time, on a permanent or temporary basis.
Regular Run Register --- A program specific listing mailed to the county indicating client benefits.
Reinstatement --- The reopening of a case without the necessity of a signed application.
Remainder Beneficiary - The person(s) entitled to an annuity's principal, possibly including income that has been accumulated and added to the principal, after the death of the annuitant.
Remainder Interest --- Interest in property over and above life estate holder's share.
Renter --- An individual who pays for separate living quarters.
Replacement of Benefits --- Duplicate benefits issued by the county.
Representative---"Representative" means a person who is acting on behalf of the client.
Reserve --- Cash or its equivalent (liquid assets) and/or real or personal property (non-liquid assets) that are currently available to members of the budget unit.
Residence --- Requirement that a/r’s be living in North Carolina voluntarily with the intent to remain in the state.
Restored Benefits --- Benefits paid to recipients who did not receive them due to an administrative error or change in regulations.
Resulting Trust --- A verbal or written agreement between two or more parties specifying the ownership of an asset.
Retirement, Survivors, Disability Insurance (RSDI) --- A program administered under Title II of the Social Security Act through the Social Security Administration which pays benefits to persons who have contributed enough quarters to the Social Security System, or who are the dependents of one who has contributed to the system, when they are aged or retired, are a surviving spouse or dependent child, or are disabled. NOTE: An individual receiving RSDI as a retired person is not eligible under M-AD, unless he is actually receiving disability and switches to early retirement benefits at age 62.
Retroactive Period --- The period of 1, 2, or 3 months immediately prior to the month of the Medicaid or WFFA application and in which there is a medical need. (No retro coverage for MQB- Q.) For SSI Medicaid the retro period is 1,2, or 3 months immediately prior to the date of the SSI application.
North Carolina Department of Health and Human Services AGED, BLIND, AND DISABLED MEDICAID MANUAL
MA-200
DEFINITIONS
28 REISSUED 03/01/11 – CHANGE NO. 03-11 (III.) Retrospective Budgeting --- Computing income for the benefit month based on actual income in a previous month.
Revocable Trust --- A contract in which terms can be altered.
Right of Recovery --- The responsibility of an individual, institution, corporation, or public or private agency to pay for all or part of medical costs of an a/r.
Roomer --- A person who lives with the a/r and pays a set amount for a room.
SSI Standard of Disability --- A physical or mental impairment which prevents an individual from engaging in any substantial gainful activity (or for a child under 18, an impairment of comparable severity) and which has lasted or is expected to last for at least 12 months or is expected to result in death.
Sanction Period --- The period of time in which an a/r is ineligible for Medicaid payment of institutional services and in-home health services and supplies. In order to sanction in-home health services, the sanction period must have begun during a period the individual received institutional services and continues when the individual goes to private living arrangement. The sanction period is also referred to as a penalty period.
Seasonal Employment --- Employment that is engaged in for a portion of year, at a predictable time each year. The employment may cover a few weeks or several months.
Self-Employment --- Net income of the person from a business enterprise or trade controlled by oneself, i.e., produce sales, farm rental, farming, craft sales, baby-sitting in one's own home.
Self-Supporting --- Maintaining one's self without financial assistance from others.
Skilled Nursing Facility (SNF) --- A long-term care facility which provides twenty-four hour skilled nursing care with a RN or LPN on duty at all times.
Social Security Administration (SSA) --- The agency of the federal government that issues regulations for the RSDI and SSI programs, as well as Medicare and Medicaid, under the Social Security Act.
Specialty Hospitals --- Hospitals providing designated special services (i.e. North Carolina Cancer Institute at Lumberton).
Specified Person --- An individual who (1) is age 60 or over, (2) receives SSI benefits under Title XVI of the Social Security Act or disability or blindness payments under Titles I, II, XIV, XVI of the Social Security Act (such persons include those who have been certified but whose initial payments have not yet been received, or whose checks are entirely recouped to repay a prior overpayment), (3) receives a VA disability payment for a 100% service connected disability, or (4) is a disabled surviving spouse or child of a Veteran.
North Carolina Department of Health and Human Services AGED, BLIND, AND DISABLED MEDICAID MANUAL
MA-200
DEFINITIONS
29 REISSUED 03/01/11 – CHANGE NO. 03-11 (III.) Specified Relative --- A relative who provides care and supervision of a child with whom the child lives.
Sponsor --- A person who signed an Affidavit of Support on behalf of an alien as a condition of the alien’s entry or admission to the U.S. An alien may have more than one sponsor. This does not apply to organizations and institutions, such as churches or service clubs.
Sponsored Alien --- An alien admitted lawfully for permanent residence sponsored by an individual who has signed an Affidavit of Support. Spouse --- An individual who is married to another person, or for Food Stamp purposes, an individual who is holding himself/herself forth to the community as a husband or wife.
Standard Items --- Basic needs allowances used to determine Medicaid classification, measure contributions, establish income from roomers and boarders.
Standard Utility Allowance --- A fixed FS deduction for utilities that the household, if eligible, may choose to use rather than actual utility bills.
State/County Special Assistance for Adults (SC/SA) --- A program of financial and medical assistance for aged and disabled individuals with special needs, such as adult care home placement.
State Data Exchange (SDX) --- A computer file listing the amount of an individual's Supplemental Security Income benefits and which also reflects Social Security amounts for individuals who receive both SSI and Social Security. This file is available as an on-line inquiry.
State Foster Home Funds (SFHF) --- A program of financial assistance for needy children who are placed in foster homes by county departments of social services in accordance with rules and regulations of the Social Services Commission and who are not eligible for IV-E FC.
State Online Query (SOLQ) --- A method of verifying Title II (RSDI) and Title XVI (SSI) benefits for applicants and recipients of Medicaid, Food Stamps, WFFA, etc. When a request is keyed, it is immediately transmitted via a telephone line to the Social Security Administration (SSA), and the response is returned immediately.
Stepparent -- The person who has married a child's natural parent and is not the legal parent of the child.
Straggler Register --- A listing of checks and Medicaid cards issued by the central office for new cases or for cases updated after the regular run cutoff date.
Subsidized Housing --- A Federal subsidy to assist with shelter and utility expenses.
Substantial Gainful Activity --- For disability purposes, gross earnings equal to or exceeding an amount set by Social Security.
North Carolina Department of Health and Human Services AGED, BLIND, AND DISABLED MEDICAID MANUAL
MA-200
DEFINITIONS
30 REISSUED 03/01/11 – CHANGE NO. 03-11 (III.) Substantiate --- Verification of information alleged by the applicant/ recipient/representative.
Supplemental Payments/Issuance --- An additional payment/issuance due to increased needs of the budget unit after the regular payment has been authorized.
Supplemental Security Income (SSI) --- A Federal assistance program administered by the Social Security Administration for aged, blind, and disabled persons under Title XVI of the Social Security Act to guarantee a certain level of income. SSI recipients have contributed nothing or not enough to the Social Security System to be able to receive benefits on their own accounts. Support Payments --- Money paid by an absent parent.
Suspected Fraud --- Basis for belief that an intentional misrepresentation may have occurred.
Tax Value --- The latest tax value of property assessed by the county tax office.
TANF (Temporary Assistance for Needy Families)--- The federal block grant that funds the Work First Family Assistance (WFFA) program.
Tenancy-in-Common --- Ownership of an undivided share of property with two or more owners who were not married to each other at the time the property was gained.
Tenancy by Entirety --- Property owned by a married couple with the rights of survivorship.
Tentative Decision --- A preliminary decision.
Terminated Case --- When assistance has been previously terminated.
Termination --- The ending of specific benefits.
Third Party Liability --- See Right of Recovery.
Third Party Recovery --- Recovery of all or part of a recipient's medical cost from a responsible source such as private insurance.
Thrifty Food Plan --- A USDA determined cost of diet for persons of different ages upon which Food and Nutrition services are determined.
Time Standard --- The requirement to process an action within a specified time.
Timely Notice --- A written notice to inform the recipient of intended action.
Tips --- Gratuities or sums of money in excess of $20 per month given voluntarily for services rendered.
North Carolina Department of Health and Human Services AGED, BLIND, AND DISABLED MEDICAID MANUAL
MA-200
DEFINITIONS
31 REISSUED 03/01/11 – CHANGE NO. 03-11 (III.)
Trade Readjustment Benefits --- Benefits received as compensation for loss of employment because of foreign imports, when the person is eligible also for unemployment benefits. Benefits are payable through the Employment Security Commission.
Trafficking Victim --- An alien who has been forced into the international sex trade, prostitution, slavery and forced labor through coercion, threats of physical violence, psychological abuse, torture and imprisonment.
Transfer - To change ownership or title from one person(s) to another. A transfer also occurs when an individual takes action to waive or renounce assets or an inheritance to which he is entitled or when an individual takes any action that eliminates his ownership or reduces his control of a asset. For example, changing fee simple property to tenancy-in-common property or adding an additional owner to a savings account is considered a transfer.
Transfer Date for Real Property or Interest in Real Property - The date of transfer for real property is the day the deed is signed by the grantor, delivered, and accepted by the grantee. Unless fraud is suspected, it is presumed this is the date recorded on the front of the deed. The deed does not have to be notarized or registered in order to be a valid title transfer. However, a deed of gift must be registered within 2 years to remain valid.
Transfer Month --- The calendar month in which resources were legally transferred.
Transfer of Assets --- Changing of ownership.
Transitional Benefit Report (TBR) --- The form a family on 12 month Transitional Medicaid is required to complete in order to continue to receive Transitional Medicaid.
Transitional Medicaid ---
a. Four Months Transitional Medicaid --- The up to 4-month period of time that a family may receive Medicaid when they have been determined ineligible for Work First or MAF-C because of new or increased child/spousal support which is collected by IV-D or received by a member of the family and forwarded to IV-D.
b. Twelve Months Transitional Medicaid --- The up to 12-month period of time that a family may receive Medicaid when they have been determined ineligible for Work First or MAF-C because of new or increased earned income.
Uncompensated Value - The difference between the market value less encumbrances (the equity) of the asset at the time of the transfer and any payment or compensation received. The uncompensated value is the amount upon which the sanction is based.
North Carolina Department of Health and Human Services AGED, BLIND, AND DISABLED MEDICAID MANUAL
MA-200
DEFINITIONS
32 REISSUED 03/01/11 – CHANGE NO. 03-11 (III.) Underissuance --- The amount of food stamps issued to a household that are less than the amount it was eligible to receive.
Underpayment --- A payment that is less than the recipient is eligible to receive in WFFA.
Understated PML --- Recipient paid too little PML toward cost of care and/or received unmet medical needs allowance to which he was not entitled.
Undue Hardship – The application of the sanction period would deprive the individual of medical care, such that the individual’s health or life would be endangered; or of food, clothing, shelter, or other necessities of life.
Undue Hardship Waiver- An individual who incurs a sanction for transfer of assets and is denied or terminated from Medicaid payment of institutional services may request this sanction be waived and can demonstrate the sanction will cause the a/r an undue hardship.
Unemployment Insurance (UI) --- Income received by an individual as compensation for loss of employment due to lay-off, suspension, firing; may include additional amounts paid by unions or employers.
Unmet Medical Needs (UMN) --- Medical expenses such as medical insurance premiums, co- payments, charges made by non-participating providers, and Medicare Part B premiums when the recipient is not on the State Buy-In.
Unpredictable Employment --- Employment which is unplanned and arises only from time to time. Income from such employment is not considered available to the budget unit.
Vendor Payment --- A monetary payment made on behalf of a household/ individual by an outside party.
Verification --- The confirmation of information by direct contact with collateral source or personal review of documented information such as a receipt, ledger, or signed statement.
Verification Date --- The date verifying information is received in the county department of social services.
Violence Against Women Act -- Under the Violence Against Women Act (VAWA) passed by Congress in 1994, the spouses and children of United States citizens or lawful permanent residents (LPR) may self-petition to obtain lawful permanent residency. The immigration provisions of VAWA allow certain battered immigrants to file for immigration relief without the abuser's assistance or knowledge, in order to seek safety and independence from the abuser.
Vulnerability --- A household that is totally or partially subject to the rising cost of energy.
North Carolina Department of Health and Human Services AGED, BLIND, AND DISABLED MEDICAID MANUAL
MA-200
DEFINITIONS
33 REISSUED 03/01/11 – CHANGE NO. 03-11 (III.) Wages/Salary --- Compensation paid regularly for services rendered, i.e., baby-sitting in the home of another, sales clerk, EITC.
WFFA (Work First Family Assistance) --- A cash payment and Medicaid for children and parents who meet the income and asset limits for the program. This program is known as TANF at the national level.
Work Programs --- Programs in designated counties that are designated to help an a/r find employment.
Work Release Funds --- Funds to dependents from a prisoner who is employed.
Worker's (Workmen's) Compensation --- Benefits resulting from loss of employment due to injury on the job.
DocuSign Envelope ID: 3289A281-EC13-40C5-A56D-BE1F23756321 North Carolina Department of Health and Human Services Division of Medical Assistance 1
Medicaid Eligibility Unit AGED, BLIND AND DISABLED MEDICAID MANUAL MA-1000
SSI MEDICAID – AUTOMATED PROCESS
REVISED 03/02/2023 – CHANGE NO. 03-23
Current Change Notice: 03-23 • A reminder to refer to MA-2320 and ensure that all policy requirements are followed has been added in section VII.
I. INTRODUCTION TO SSI MEDICAID
North Carolina contracted with the Social Security Administration (SSA) under Section 1634 of the Social Security Act to determine Medicaid eligibility for aged, blind, and disabled individuals who receive SSI. This contract is called a “1634 Agreement” and was effective January 1, 1995. Under this agreement, an application for SSI is also an application for Medicaid. Individuals who are eligible for SSI also qualify for Medicaid. Eligibility for Medicaid begins with the first day of the month in which eligibility for SSI begins and continues as long as the individual remains eligible for SSI.
The SSA determination of SSI Medicaid eligibility includes assessment of categorical requirements, citizenship, income and assets, identification of third party resources and fraud notification. The Eligibility Information System (EIS) issues Medicaid cards and automated notices for these recipients. This is done independently from the issuance of the SSI check. The majority of SSI recipients receive Medicaid without any county dss action or intervention. However, there are special situations which require the county dss to explain and provide services and assistance to SSI Medicaid recipients.
When the SSI terminates, Medicaid may continue without a separate application. The SSI termination appears on the SSI TERMINATION REPORT and the Medicaid remains open. The county department of social services (dss) is responsible for initiating an ex parte review to determine whether the recipient qualifies for Medicaid under any other coverage group, such as Family and Children's Medicaid (including pregnant woman coverage), North Carolina Health Choice for Children, Work First Family Assistance, or Medicaid for the Aged, Blind and Disabled.
The purpose of this section is to explain the automated process which generates Medicaid eligibility based on SSI.
II. POLICY PRINCIPLES FOR SSI MEDICAID
A. SSI recipients are eligible for Medicaid based on receipt of SSI.
B. Ongoing Medicaid eligibility is determined by the Social Security Administration (SSA) for SSI recipients.
C. EIS automatically issues Medicaid benefits and notices to SSI recipients based on receipt of SSI.
DocuSign Envelope ID: 3289A281-EC13-40C5-A56D-BE1F23756321 North Carolina Department of Health and Human Services AGED, BLIND AND DISABLED MEDICAID MANUAL MA-1000 2
SSI MEDICAID – AUTOMATED PROCESS
(II.) D. The county dss evaluates Medicaid eligibility for SSI recipients when the SSI benefit terminates. The county dss must explore and exhaust all possible avenues of eligibility in other aid program/categories. When the SSI termination is based on no longer being disabled and the SSI recipient timely appeals the SSI decision, his disability status continues through the SSI appeals process. Continue Medicaid benefits as long as he meets non-disability criteria through the SSA appeal process. Refer to MA-2525, Disability, for timeframes on appeals. Refer to VII.D., Continuation of MAD When SSI Disability Termination is in Appeal Status for ex parte procedures. The recipient also has the right to appeal to a State Hearing Officer on the issue of disability if the ex parte process finds him no longer eligible for Medicaid. If the recipient has a non-disability SSI change that results in ineligibility, he may continue to be eligible as MAD or cease to be eligible as MAD. The county dss must explore and exhaust all possible avenues of eligibility in other aid program/categories. III. AUTOMATION OVERVIEW A. State Data Exchange (SDX) SSA transmits information regarding SSI recipients and applicants to the State using the SDX. The State uses information on the SDX to create a Medicaid record in EIS for each SSI recipient. The SDX controls Medicaid eligibility for SSI recipients. Except for the situations identified later in this section, only the SDX can update information in EIS for an SSI recipient. This is true even when the county dss has verified information that is inconsistent with the data on the SDX. Social Security sends SDX updates to the State several times a week. The updates are compiled and processed once a week for Medicaid issuance for SSI recipients. Generally the updates are run on Friday night. The on-line SDX is updated daily as updates are received from Social Security. Therefore, it is possible for an individual to be on the SDX before he is in EIS. B. EIS Uses Information on the SDX To: 1. Create an SSI MAABD case (or modify an existing Medicaid case in EIS to SSI Medicaid). 2. Update case and individual data in EIS for ongoing SSI Medicaid recipients. 3. Issue automated approval, denial, termination and redetermination notices. 4. Issue Medicaid cards for SSI recipients.
DocuSign Envelope ID: 3289A281-EC13-40C5-A56D-BE1F23756321 North Carolina Department of Health and Human Services AGED, BLIND AND DISABLED MEDICAID MANUAL MA-1000 3
SSI MEDICAID – AUTOMATED PROCESS
(III.B.) 5. Terminate Medicaid when an SSI recipient dies or moves out of state. 6. Change to SSI status when SSI stops. C. SSI Medicaid Recipients In EIS An SSI Medicaid case is in EIS just as a regular Medicaid case is in EIS, with case and individual data and history. 1. SSI Status a. SSI Medicaid Recipients - The SSI status is "Y" for SSI recipients. EIS/SDX controls most of the data on these cases. See III.D., below or refer to the EIS Manual, Section 4200, Part 5. b. SSI Medicaid Recipients In Ex Parte Review Status - The SSI status is "N" and the “Certification Thru Date" is 12/31/9999. Do not make changes to the case in EIS until the ex parte review is completed. c. Non-SSI Medicaid Recipients - The SSI status is "N" for non-SSI recipients. The county dss controls all data on these cases. 2. Aid Program/Category The aid program/category is always MAA, MAB, or MAD except for the following situations: a. SSI recipients who also receive Special Assistance are SAA or SAD. b. SSI children in foster care are HSF. c. SSI recipients in a single person Transitional Medicaid case (payment type 5) remain AAF. 3. Classification SSI recipients are always Categorically Needy. The classification code in EIS is: a. “C” for SSI recipients who do not have Medicare, or b. “Q” for SSI recipients who are entitled to Medicare. 4. Individual Eligibility History (IE) a. The IE segment indicates the individual is an SSI Medicaid recipient beginning with the first month of SSI. b. The certification thru date is always 12/31/9999.
DocuSign Envelope ID: 3289A281-EC13-40C5-A56D-BE1F23756321 North Carolina Department of Health and Human Services AGED, BLIND AND DISABLED MEDICAID MANUAL MA-1000 4
SSI MEDICAID – AUTOMATED PROCESS
(III.C.4) 5. ID Cards
All SSI recipients receive a gray Medicaid card. For MAABD cases in a private living arrangement (pla), the district number is “SDX” on the EIS case and ID card to indicate the individual is an SSI Medicaid recipient. SAA, SAD, AAF, HSF, and LTC cases retain the district number assigned by the county dss.
D. Creating/Updating an SSI Medicaid Case in EIS
For all SSI recipients, EIS uses information on the SDX to create and update SSI Medicaid cases in EIS. The county dss cannot change data in EIS for SSI recipients, with certain exceptions. (Refer to EIS 4200, Part 5, for a chart which shows all allowable county changes.) This is true even when the county dss has verified information that is inconsistent with data on the SDX.
1. SSI, MAA, MAB, or MAD recipients:
The county dss can update the following fields in EIS:
a. Change the living arrangement from private living arrangement (PLA) to long term care (LTC) and from LTC to PLA.
b. Transfer the case to HSF.
c. Approve a reapplication for money payment (SAA, SAD, AAF).
d. Enter CAP date.
Refer to EIS 4200 Part 5, for instructions.
2. SSI Recipients in Special Assistance (SAA or SAD) or in Single Person AAF case (payment type 5)
The county dss can update some fields in EIS to control the issuance of the check and ensure automatic Medicaid issuance for SSI recipients in these categories. The county dss can also transfer the case to MAABD. Refer to EIS 4200 Part 5, for instructions.
3. SSI Recipients in HSF
The county dss can update some fields in EIS to indicate custody/placement responsibility. The county dss can also transfer the case to MAABD. Refer to EIS 4200 Part 5, for instructions.
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(III.) E. Reporting Changes
1. SSI recipients must report to Social Security all changes that affect SSI (including change of address). When Social Security updates the SDX, the change is reflected in EIS. If an SSI recipient reports a change to the dss, instruct him to report the change to the local Social Security Office. Explain that his Medicaid record can only be changed by SSA. Give him the address and phone number of the district office. DO NOT REPORT ROUTINE CHANGES TO SOCIAL SECURITY. IT IS THE RECIPIENT'S RESPONSIBILITY.
2. SSI recipients in LTC, SAD, SAA, HSF, or AAF payment type 5 (situations where the county dss has the capability to update some fields in EIS) must also report changes that affect Medicaid to the county dss. When changes are reported, treat this as change in situation. Update the allowable fields in EIS.
3. When an SSI recipient reports health insurance information to the dss, complete a DMA-2041, Third Party Health and Accident Resources Information. Enter this information in EIS. If the recipient does not have enough information to enable you to complete the DMA-2041, instruct him to obtain the additional information and advise him to contact you with the information as soon as possible.
4. When an SSI recipient also receives Food Stamps or other DSS services, notify the other program immediately of any changes the recipient reports to you.
5. When the dss learns of a change in an SSI Medicaid recipient's situation that might affect his eligibility for SSI and Medicaid, and the client does not/cannot report the change to SSA, use the DMA-5049, Referral to the Local Social Security Office, to report information to the local SSA office. Use this referral only when SSA is not aware of the change in situation. Examples of when to use this referral:
a. DSS learns SSI recipient dies
b. SSI recipient enters a public institution, nursing facility, or rest home
c. DSS learns information that affects SSI payment
d. DSS suspects fraud
6. The county dss may discover information on the SDX is incorrect. The information may not affect SSI eligibility, but it may cause a problem with Medicaid claims, buy-in or some other factor that affects Medicaid eligibility. Use the DMA-5049, Referral to the Local Social Security Office, to report this information immediately to SSA. Use "Other" to specify the problem. SSA must correct its record in order for the SDX to update EIS. For example, the dss verifies an individual is age 64 or less, but the SDX indicates he is 65. Medicaid claims will be denied until the problem is corrected.
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(III.E.) 7. In the unusual situation that SSA does not react to changes reported by the client or dss and it is causing a hardship for a recipient or provider, contact DMA, Medicaid Eligibility Unit. A policy consultant will work with you on a case by case basis.
F. Buy-In
SSI recipients who are eligible for Medicare are automatically accreted for buy-in by SSA. Buy-in is effective the first month of Medicaid eligibility. SSI recipients remain on buy-in until Medicaid is terminated. See MA-2410, Medicare Enrollment and Buy-In.
IV. SSI APPROVAL
When SSI is approved for an individual, the information on the SDX is matched to EIS to determine if the SSI individual is already in EIS. The purpose of matching is to prevent duplicate EIS individual ID's and benefits. If the individual is not in EIS, EIS creates a new case. If the individual is found in EIS, EIS creates a new case for the individual and closes or deletes him from the existing case, or in some cases modifies the existing case. Refer to EIS 4200, Part 3 for information. Also follow instructions in MA-1100, SSI Medicaid/County DSS Responsibility for county dss responsibility when an active Medicaid recipient or applicant in EIS is approved for SSI.
When the Social Security Number of an individual on the SDX matches with an individual in EIS but one of the other criteria does not match or the social security number is found more than once in EIS, EIS creates an exception report called the "SDX Exception List" which is online in EIS. The county dss must determine if the individuals are the same. It is very important to work the exception report weekly. See EIS 4200, Part 2 for instructions to resolve the discrepancies. UNTIL THE DISCREPANCY IS RESOLVED, EIS CANNOT PROCESS THE SSI MEDICAID CASE AND/OR ISSUE MEDICAID.
A. Reports
To assist with case management, EIS generates the report "SSI Medicaid Created/Modified in EIS" when a current EIS case or individual is modified as a result of an SSI approval, and when an SSI Medicaid case transfers into a county. These reports are displayed in NCXPTR. The last six versions are kept on-line. Each situation is identified separately. The EIS county number, district, aid program/category, casehead, case number, case id, SSI recipient name, and individual ID number are listed for each case. Any pending action deleted by EIS as a result of a case termination is also listed.
Refer to EIS 4200, Part 8 for instructions for this report.
See below for a chart of all the SSI Medicaid reports.
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(IV. A.) SSI REPORTS Name of Report What It Lists Sorted By Online or Paper SSI Medicaid Cases Created/Modified by EIS Cases created/modified/terminated by EIS due to SDX Updates 1) Case Terminated 2) Individual Delete 3) SSI Medicaid 4) Review 5) New Individual 6) County Transfer 7) Inactive County, District, message type, and alpha by last name NCXPTR – last 6 versions SSI Individual In EIS Pending Application SSI Individual who had a pending application in EIS but now authorized for SSI Medicaid County, District, and date of application (oldest first) NCXPTR – Applications listed are retained on the report until dispositioned SSI/Medicaid ID Registers SSI Medicaid Straggler Run/Register Cards generated for SSI Medicaid recipients 1) Annual Run 2) Daily/Weekly Straggler Alpha by name NCXPTR – last 25 versions SSI Approval-Medicaid Denied (TPR Refusal) Denied due to failure to provide TPR info – SDX code - R County, alpha by name NCXPTR – last 8 versions Medicaid Terminated – (TPR Refusal) Medicaid terminated due to failure to provide TPR info – SDX code – R County, District, program, and alpha by name Paper mailed to the county SSI Individual Receiving SAA/SAD/HSF List of cases where client failed to provide TPR info, SDX code – R District, program, alpha by name Paper mailed to the county SSI Exempt Persons exempt from participation in Carolina Access Exempt #, alpha by name Paper mailed to the county SSI Termination Report Termination due to redetermination, death, moving out of state District, post date, type action NCXPTR - Case continues to display until the county processes the termination and deletes the case SSI Termination Alert Report The county has not redetermined eligibility, terminated the case, SSI has not been reapproved or a reapplication has not been dispositioned. County, post date, alpha name NCXPTR – Case continues to display until the county processes a redetermination.
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(IV.) B. Approval Notice
When SSI is approved and an SSI Medicaid case is created in EIS, an automated Medicaid approval notice is generated that night. See DMA-5101, SSI Approval Notice.
C. Medicaid Card Issuance
1. For new SSI approvals, EIS issues Medicaid cards for SSI Medicaid approvals the same night the case is created in EIS. The State mails the cards from Raleigh the next work day. EIS generates the SSI Medicaid Straggler Register daily in NCXPTR.
2. Ongoing SSI Medicaid recipients are issued a yearly Medicaid card by EIS. An SSI/Medicaid Regular Run Register is generated in NCXPTR for identification. Regular run is the 11th work night from the end of the month.
V. LIMITATIONS TO MEDICAID ELIGIBILITY FOR SSI RECIPIENTS
A. Refusal to Provide Third Party Resource (TPR) Information
Providing TPR is not a requirement for SSI, but it is a requirement for all Medicaid programs. When an SSI applicant refuses to provide TPR to SSA, he is advised by SSA that he is not eligible for Medicaid. No action is required by the dss until the recipient contacts the dss.
1. Identification
a. Individuals who refuse to provide TPR information are indicated on the SDX by an “R” for the Medicaid Eligibility Code and an "R" for the Third Party Insurance indicator.
b. This information is also reported on either the SSI Approval -Medicaid Denial (TPR Refusal) Report (see V.A.2., below) or the TPR Refusal - Medicaid Terminated Report (see V.A.3., below). Refer to EIS 4200 for further information on these reports.
NOTE: Active SAA, SAD, and HSF cases are not terminated. TPR refusal is reported on the TPR REFUSAL-SSI INDIVIDUAL RECEIVING SAA/SAD/HSF Report. This report is for informational purposes.
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(V.A.) 2. SSI Approval/Medicaid Denial (TPR Refusal) Report
a. For an SSI approval/Medicaid denial, EIS does not create a Medicaid case or generate a Medicaid card.
b. EIS sends an automated Medicaid denial notice. See DMA-5103D, SSI Denial Notice.
3. SSI Approval/Medicaid Terminated Report (except SAA, SAD, or HSF)
a. When the individual is in a single person case, the case is terminated.
b. When the individual is in a multiple person case, the individual is deleted from the case.
c. EIS sends an automated termination notice. See DMA-5103T, SSI Termination Notice.
4. Appeal Rights
a. The individual is advised in the denial or termination notice that:
(1) He may request an appeal to his county dss within 60 days from the date of the notice if he does not agree with the denial or termination, or
(2) He can become eligible for Medicaid by providing TPR information to the local county dss.
b. If the individual contacts the county dss and requests an appeal, follow procedures for local hearings in MA-2420, Notice and Hearings Process, for local hearings. Prepare a summary which states: “Social Security has advised the State that you refused to provide medical insurance information.”
c. The Medicaid denial or termination can be reversed only when the individual provides his insurance information. This can be done at the appeal or any time the information is provided.
d. When the recipient provides the necessary medical insurance information:
(1) Use the DMA-5049, Referral to Local Social Security Office, to inform the local SSA office that the recipient has provided the necessary medical insurance information. Request that SSA delete the “R” code from the recipient's record. When the SSA record is updated, this information will be transmitted to the State via the SDX.
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(V.A.4.d.) (2) When the SSI Medicaid case is created, complete the DMA-2041, Third Party Health and Accident Resources Information, and enter the insurance information in EIS.
The individual will not receive SSI Medicaid until the corrected information is transmitted to EIS via the SDX. EIS will then automatically create an SSI Medicaid case and issue a notice and card effective the month SSI is effective. B. Trusts
Certain trusts are not a countable resource in determining SSI eligibility. They may be a countable asset for Medicaid, and therefore affect Medicaid eligibility. When the SDX indicates the individual has a certain trust, EIS will generate a report to DMA.
The DMA Medicaid Eligibility Unit will send notification to the county along with a copy of the EIS report. The county will evaluate the report for effect on eligibility.
VI. SSI DENIAL
A. SSI Denial/Medicaid Denial
When SSI is denied, SSI Medicaid is automatically denied. EIS sends an automated Notice of Medicaid Denial. See DMA-5102, SSI Denial Notice. There is no notice register for denials.
B. Appeals for Medicaid Denial
When SSA denies SSI and Medicaid, the individual must contact Social Security to appeal the denial of his SSI and Medicaid. The Notice of Medicaid Denial advises the individual to contact SSA to appeal and advises him to contact dss if he wants to be evaluated under another coverage group.
VII. SSI TERMINATIONS
Caseworkers must refer to MA-2320, Recertification, and ensure that all policy requirements are followed for SSI Exparte reviews.
When SSI terminates, evaluate ongoing eligibility for Medicaid in all aid program/categories. The individual remains authorized after SSI is terminated while the evaluation is completed.
When the SSI termination processes in EIS, the termination appears on the SSI TERMINATION REPORT. The SSI indicator changes to "N." The case remains open with a Medicaid through date of 12/31/9999. Within 5 workdays the county dss must initiate an ex parte review to determine whether the recipient qualifies for Medicaid under any other coverage group, including Family and Children's Medicaid which includes pregnant woman coverage, family planning waiver, North Carolina Health Choice for Children, or Work First Family Assistance. For SSI terminations for disability reasons, see D. for ex parte procedures.
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(VII.) A. Automated Recipient Notice
When the SDX indicates a recipient is being terminated from SSI, EIS generates an automated notice to the recipient. See DMA-5100, Notice of Medicaid Redetermination.
The notice advises the recipient:
1. To contact the local SSA if he wants to appeal the SSI termination.
2. The county dss must determine whether he may continue to be eligible for Medicaid as a non-SSI recipient.
3. The county dss will contact him if further information is needed.
When the determination is completed, a timely notice will be sent to inform the recipient of the Medicaid decision.
B. Time Frames for Completing the Evaluation of Ongoing Medicaid Eligibility (Ex Parte Review)
1. Initiate the evaluation of ongoing eligibility within 5 workdays of the date the termination appears on the SSI TERMINATION REPORT. This is essential to ensure enough time to evaluate for ongoing eligibility.
Use the Adult Medicaid Applications or the DMA-5007, MAABD Redetermination Document, as the base document for the evaluation for ongoing eligibility. The SSI recipient's signature is not required for the evaluation, nor can the recipient be required to come into the agency.
Within 4 months of the month the SSI terminated, the county dss must complete the evaluation of ongoing eligibility and notify the recipient about his ongoing eligibility for Medicaid. The four month period begins the month the case appears on the SSI TERMINATION REPORT.
For example, the case appears on the SSI TERMINATION REPORT in July. July, August, September and October are continuation months. Complete the evaluation of eligibility and send the timely notice to make the decision effective no later than October 31.
2. Federal financial participation for up to four months is available for Medicaid during the evaluation. Counties may be liable for charge backs of Medicaid expenditures for ineligible cases if the Medicaid must be extended longer than 4 months to complete an evaluation and/or send timely notice of termination.
3. Recipient Lives In A County Different From That On The SSI TERMINATION REPORT.
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(VII.B.) If the recipient lives in another county, the county dss in which the SSI TERMINATION REPORT appears must contact the dss in the county of residence immediately and tell them of the SSI termination. Within 5 workdays the first county must send a copy of the SSI TERMINATION REPORT to the county of residence who must complete the evaluation. Once completed, the first county must be notified so they can key in the results of the evaluation and, if eligibility continues, transfer the case to the county of residence. Cooperation between the two counties is essential to ensure that the evaluation for ongoing coverage is completed timely and there is no break in coverage for the recipient.
C. Medicaid Evaluation for Ongoing Eligibility - Ex Parte Review Procedures The term “ex parte review” means to review information available to the agency to make a determination of eligibility, without requiring the recipient to come into the agency or make a separate application. The county must explore and exhaust all possible avenues of eligibility in all Medicaid coverage groups. If information is not available to make a determination of eligibility, the county must provide the recipient reasonable opportunity to provide the necessary information. Do not require citizenship/identity documentation during an ex parte review. See MA-2506, US Citizenship Requirements. 1. What Information Must be Reviewed Review only those eligibility factors that are subject to change, such as income or resources. Do not reverify factors that are not subject to change, such as date of birth or citizenship. 2. Where to Look For Possible Sources of Information Review all possible sources of information available to the agency, including information verified by other programs. Medicaid eligibility is determined according to the rules of the appropriate Medicaid coverage group. However, the county must accept as accurate verifications from other programs, including: a. Information available through automated queries, such as SDX, BENDEX, TPQY, SOLQ, ESC, ACTS and FSIS. (Refer to MA-2430, Automated Inquiry and Match Procedures, and EIS 1103 for instructions on using the SDX, BENDEX, SOLQ and other online inquiries.) b. Information collected in the determination of eligibility for other programs, such as Food Stamps, Work First, child care assistance, IV-D child support services and adult or children's services, if the information can be released by the other programs within its rules for confidentiality. For example, child protective services records may not be available. c. Information that is current. "Current" means that the information was obtained and verified by the other program within the time frames for redeterminations of eligibility for the Medicaid coverage group being considered, unless there is reason to believe it is inaccurate.
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(VII.C.2.c) Current also means that the case is active. Information obtained from a closed or terminated program is not considered current even if verified during the appropriate time frames. A case in suspense is considered active. For SSI terminations, information on the SDX is no longer current as the SSI case is no longer active. Income, resources and other information subject to change must be verified. The former SSI recipient is exempt from citizenship/identity requirements. Use citizenship/identity code 50, permanently exempt. For example, if the recipient is being evaluated for MAF Medically Needy and the certification period is 6 months, the information must have been verified within the last 6 months. If the recipient is being evaluated for MIC and the certification period is 12 months, the information must have been verified within the last 12 months. In both situations the case in the other program must be currently active. 3. Whose Information to Review a. Check all possible sources of information in the SSI recipient's name. b. If the names of immediate family members (spouse, parents and stepparents, adult or minor children, and siblings) who live with the recipient are known, check all records in their names. See DMA-5138, Ex Parte Review Checklist (Non-MIC/NCHC Re-Enrollments), for a suggested checklist to document family members.
D. Continuation of MAD When SSI Disability Termination is in Appeal Status - Ex Parte Procedures When the SSI disability benefit of an active MAD recipient is terminated for no longer being disabled, he or she may continue to be considered disabled while pursuing appeal of the SSI termination. The recipient has only 65 days to request an appeal with Social Security/SSI unless SSA accepts a late appeal for good cause. 1. The case will appear on the SSI Termination Report. Begin the ex parte review process in five work days. a. If the recipient appeals the SSI termination within 65 days or SSA accepts the appeal with good cause and the recipient meets other non-disability criteria for MAD, the ex parte review is complete. Flag the case and continue to track the SSI appeal according to MA-2525, Disability. Determine if the recipient is receiving Medicare Part B. Contact the Social Security Administration to determine if the recipient will continue receiving Medicare Part B while the SSI termination is being appealed. If necessary, change the classification code from Q or B to N or M when the Medicaid is continued but the recipient no longer receives his Medicare benefit.
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(VII.D.1.) b. If the recipient does not appeal the SSI termination timely, the recipient is no longer considered disabled and is ineligible for MAD when: (1) He ceases to pursue the SSI appeal up to the appeals council,
(2) SSA doesn’t accept the appeal for a good cause reason.
2. Begin the process by evaluating eligibility in all coverage groups. Use all agency verifications to determine eligibility before contacting the a/r. Use the DMA-5180, SSI Check Terminated: Information Needed to Determine Medicaid Eligibility, to contact the a/r. If additional information is needed, use the DMA-5097, Request for Information. a. If the recipient remains eligible in another category, immediately transfer the case to that aid program category.
b. The county must complete the ex-parte review process in four months. The four months begin the month the case appears on the SSI termination report.
c. If the recipient is not eligible in another category, terminate the case after timely notice.
3. If the recipient appeals the county’s decision to terminate the case and recipient alleges he is still disabled, request a state hearing. The State Hearing Officer determines if the recipient meets one of the conditions in a., b., or c.
a. Has a disabling condition different from, or in addition to the conditions considered in the original SSA disability decision, or
b. Alleges more than 12 months after the most recent SSA termination for not being disabled that his condition has changed or deteriorated and his period of disability meets the 12 month durational requirement, and he has not reapplied at SSA based on those new allegations, or
c. Alleges less than 12 months after the most recent SSA termination for not being disabled, that his condition has changed or deteriorated, and his period of disability meets the 12 month durational requirement, and
(1) He has applied to SSA for reconsideration or reopening and SSA refuses to consider the changes, and /or
(2) He does not meet other SSI eligibility requirements e.g., reserve, but may meet the state’s Medicaid eligibility requirements for MAD.
4. If the State Hearing Officer determines that a., b., or c. applies, then the State Hearing Officer will determine if the recipient meets the disability requirements. If the Hearing Officer determines the recipient is still disabled, MAD is continued or reinstated.
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(VII.D.4.) A continuing SSA appeal is not a requirement if the hearing officer determines that 3. a., b., or c. applies and that the a/r is disabled.
E. Evaluate All Coverage Groups
Evaluate the recipient's eligibility in all coverage groups. This may involve contacting the recipient to obtain additional information, ONLY if necessary information is unavailable to the agency from another source or is not current. See F.
If the recipient is eligible in more than one coverage group, the recipient has a right to choose the coverage group. Explain the advantages of each coverage group and document the recipient's choice.
1. MAD - Refer to D. for continuation of MAD when SSI disability termination is in appeal status.
If the recipient’s SSI was terminated for a non-disability related reason, such as income, evaluate for MAD. If the recipient remains eligible, as MAD, continue MAD. At the next regular eligibility redetermination, submit forms to DDS to establish a regular “Diary/Re-Exam Date” for ongoing reviews of disability.
2. Children Terminated from SSI With Protected Status - Refer to MA-2525, Disability, for instructions for evaluating children with protected status.
3. MAA - If the individual is aged 65 or older, evaluate for MAA.
4. MAB - If the individual has been determined to be blind by Social Security, evaluate for MAB.
5. MAF - Evaluate for MAF-C. If it appears the recipient is eligible for MAF-C, then, advise a/r to apply for Work First. However, approve him for MAF-C if eligible. If the SSI recipient’s family is authorized for Work First, the former SSI recipient must be added to the Work First assistance unit.
6. Other Family and Children's Medicaid
a. Evaluate the recipient's eligibility in all Family & Children's categories, including MAF, MIC, NCHC, HSF, MPW, Breast and Cervical Cancer Medicaid and Family Planning Waiver.
b. If it is known to the agency that the recipient is pregnant, contact the recipient to request verification of pregnancy to evaluate for MPW. If there is no information to indicate pregnancy, continue to evaluate in other coverage groups. It may be necessary to contact the recipient to inquire whether she is pregnant if there is no other basis for eligibility. See instructions in F.
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(VII.E.) c. Medicaid Family Planning Waiver (FPW) – If the recipient is a female age 19 through 55 or a male age 19 through 60, with an income at or below 185% of the federal poverty level, and is not eligible for any other coverage group, evaluate for FPW.
7. North Carolina Health Choice for Children - If the recipient is up to age 19 and is not eligible for Medicaid in any other coverage group, evaluate for North Carolina Health Choice for Children.
F. When and How To Request Information From The Recipient
Information must be requested from the recipient only when it is necessary to determine ongoing eligibility AND the information is not already available to the agency or is not current as described in C.2.
1. Necessary information may be requested by telephone or in writing. If a telephone request is made, advise the recipient what information is needed and that he may request additional time or assistance in obtaining necessary information. Document the record to show the date of the telephone contact, the specific information requested and that the recipient was offered assistance. If the request is in writing, use the DMA-5097, Request for Information.
2. Allow the recipient at least 12 calendar days from the date of the request to provide the information. For example, if a DMA-5097, Request for Information is mailed on January 7 to request current wage information, the deadline for providing the information is January 19.
3. If the recipient does not provide the requested information by the deadline, send timely notice proposing termination for failure to provide the necessary information.
4. Letter to Recipient Prior to Termination
There may be situations in which there is little or no information in the agency regarding an SSI recipient. If you complete the evaluation above and the only potential coverage groups available are in Family & Children's Medicaid, eligibility cannot be established without determining if the recipient is pregnant or has minor children living in the home.
For example, a 34 year old SSI recipient is terminated because she is no longer disabled. She does not receive any other services and is not known to the agency. She could potentially be eligible for MPW if she is pregnant or as an MAF caretaker if she has minor children living with her. If she appeals the SSI termination timely, she can continue to receive MAD.
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(VII.F.4.) a. Send a DMA-5180, SSI Check Terminated: Information Needed to Determine Medicaid Eligibility, to the recipient advising that Medicaid eligibility is being evaluated and additional information is needed. This letter asks if the recipient is pregnant or has minor children living in the home. The letter also explains the Medicaid Family Planning Waiver and asks the recipient if he wishes to apply.
b. Allow the recipient at least 12 calendar days to return the letter or contact the agency. If the recipient contacts the agency by the deadline, the recipient may request additional time to obtain necessary information such as pregnancy verification.
If the recipient answers yes to either question but provides no other information, contact the recipient to determine if he needs assistance obtaining documentation. Document all efforts to assist the recipient.
c. If there is no response to the letter by the deadline date, either by phone or in writing or in person, and the recipient is not eligible in any other category, send a timely notice to propose termination.
G. Results of Evaluation for Ongoing Eligibility
1. When all necessary information has been obtained and/or requested, determine whether the recipient is eligible for Medicaid under any aid program/category. One of several eligibility outcomes is possible:
a. Recipient is eligible for full Medicaid (MAABD or Family & Children's Medicaid) without a deductible; or
b. Recipient will be eligible for full Medicaid (MAABD or Family & Children's Medicaid) if he meets a deductible (Medically Needy), or recipient is eligible as MQB, Q, B, or E, Family Planning Waiver or Breast and Cervical Cancer Medicaid; or
c. Recipient is eligible for North Carolina Health Choice for Children; or
d. Recipient is ineligible for Work First; or
e. Recipient is ineligible for any Medicaid coverage; or
f. Recipient did not provide necessary information and coverage must be terminated after timely notice.
2. It is also possible that an additional application may be necessary if the recipient requests assistance for other family members, such as a spouse or children, during the review. Treat the request for additional coverage as a separate application.
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REISSUED 11/01/11 – CHANGE NO. 17-11 (VII.G.) 3. If eligibility is established in any coverage group, the certification period begins with the current processing month in EIS.
Example: Review completed January 27. The current EIS processing month is March. The new certification period begins March 1.
4. If the recipient is eligible as MQB (Q, B or E) only, transfer the case to MQB.
5. Deductible Cases
a. If the recipient is eligible for Medicaid but must meet a deductible, contact the recipient regarding his predicted or outstanding medical expenses to determine if he can meet the deductible.
He can if:
(1) His deductible amount is $300 or less, or
(2) His predicted expenses or old bills are within $300 of meeting the deductible.
b. If it is determined that the recipient can meet his MAABD deductible:
(1) Certify and put the case in deductible status.
(2) Follow deductible policy in MA-2360, Medicaid Deductible, to apply medical expenses to the deductible.
(3) Indicate the deductible amount on the automated notice.
c. If it is determined that the recipient can meet an MAF deductible:
(1) Terminate the MAABD case.
(2) Enter an administrative DSS-8124 to open an MAF case.
(3) Pend the application to meet the deductible. (MAF cases cannot be approved in EIS in deductible status.)
d. If it is determined that the recipient's deductible is greater than $300 or the predicted medical expenses are not within $300 of meeting the deductible, send timely notice to propose termination.
DocuSign Envelope ID: 3289A281-EC13-40C5-A56D-BE1F23756321 North Carolina Department of Health and Human Services AGED, BLIND AND DISABLED MEDICAID MANUAL MA-1000 19
SSI MEDICAID – AUTOMATED PROCESS
REISSUED 11/01/11 – CHANGE NO. 17-11 (VII.G.) 6. MIC or MAF Cases
a. Caretakers for SSI children must cooperate with IV-D to establish medical support agreements when the following applies:
(1) The caretaker is applying for or receiving Medicaid for herself in any aid/program category except MPW. Refer to MA-2375, Procedures for Child Support Enforcement.
OR
(2) The child meets the criteria listed in MA-2375, Procedures for Child Support Enforcement.
b. If the recipient is eligible as MIC or MAF, terminate the MAABD case. Enter an administrative DSS-8124 to open an MIC or MAF case.
7. MAF Caretaker Evaluation
a. To receive as a caretaker, the individual must be living with and caring for a child under age 19 who is a citizen or alien lawfully admitted for permanent residence (LPR).
b. If the county dss knows that the recipient has at least one minor child living in the home for whom care is provided, the caretaker requirement is met.
H. Termination of the MAABD Case
1. Send timely notice to propose termination of Medicaid ONLY IF:
a. Information necessary to determine ongoing eligibility is unavailable to agency or is not current, and
b. The information was requested from the recipient according to requirements in this section (VII.), and
c. The recipient did not respond by the deadlines required in this section, OR
DocuSign Envelope ID: 3289A281-EC13-40C5-A56D-BE1F23756321 North Carolina Department of Health and Human Services AGED, BLIND AND DISABLED MEDICAID MANUAL MA-1000 20
SSI MEDICAID – AUTOMATED PROCESS
REISSUED 11/01/11 – CHANGE NO. 17-11 (VII.H.1.) d. All procedures in this section were followed and the recipient does not meet the eligibility requirements for Medicaid in any aid program/category. The assistance may be terminated with timely notice prior to the end of the 4 month period if all ex parte requirements have been met.
2. The recipient may rebut the information stated on the timely notice as the reason for termination within the timely notice period. Always use a termination reason code that most accurately describes the reason for ineligibility.
VIII. SSI OPEN/SHUTS
Sometimes SSI is approved for a finite period in the past. If the individual comes to the dss with an approval letter for a prior period, determine if the individual is on the SSI TERMINATION REPORT.
If the individual is on the SSI TERMINATION REPORT, follow the procedures in VII. If the individual is not on the SSI TERMINATION REPORT, take an application. Follow application procedures in MA-2300 through MA-2304. Refer to EIS 4200 Part Four for instructions for SSI Open/Shut cases.
North Carolina Department of Health and Human Services Division of Medical Assistance Medicaid Eligibility Unit AGED, BLIND AND DISABLED MEDICAID MANUAL
MA-1100
AGED, BLIND AND DISABLED
SSI MEDICAID – COUNTY DSS RESPONSIBILITY
1 MA-1100 SSI MEDICAID-COUNTY DSS RESPONSIBILITY REVISED 11/01/11 – CHANGE NO. 17-11
I. COUNTY DSS RESPONSIBILITY FOR SSI APPROVALS
This section provides instructions for situations in which the county dss may have interaction with SSI Medicaid recipients.
A. SSI Approval with Pending Application in EIS
1. Each individual in a pending application in EIS who begins to receive SSI is identified to the county dss on the report: DHREJ SSI IND IN EIS PENDING APP. This report is generated in XPTR at the time of the SDX weekly update. The application remains on the report until it is dispositioned. Refer to EIS 4200 for additional information on the report.
2. When SSI is approved, EIS creates an SSI Medicaid case for the individual and authorizes Medicaid effective the first month SSI is approved.
a. The pending application is not altered in any way.
b. The county dss must approve, deny, or withdraw its application.
c. Continue to follow application processing requirements in MA-2300, Initial Contact, through MA-2304, Processing the Application.
3. Single Person Application
a. Continue to process the application beginning with the month of application (ongoing and retroactive) through the month prior to SSI Medicaid authorization.
b. If the individual has a deductible, recalculate the ongoing deductible based on the income in the months beginning with the month of application through the last month prior to SSI Medicaid authorization.
c. Use the DMA-5097/DMA-5097S, Request For Information, or the DMA- 5099/DMA-5099S, Medicaid Application Pending For A Deductible, to notify the individual of the revised deductible.
d. If the application is approved for the period prior to SSI authorization, approve open/shut.
e. If the individual is ineligible for Medicaid prior to SSI Medicaid authorization, deny the application per MA-2304, Processing the Application.
North Carolina Department of Health and Human Services AGED, BLIND AND DISABLED MEDICAID MANUAL
MA-1100 AGED, BLIND AND DISABLED
SSI MEDICAID – COUNTY DSS RESPONSIBILITY
2 REISSUED 11/01/11 – CHANGE NO. 17-11 (I.A.) 4. Multiple Person Application (MAF, MIC, AAF)
a. Continue to process the application for the remaining individuals in the application.
b. Do not count the SSI individual's needs, income, or resources beginning with the month of SSI Medicaid authorization. Recalculate the deductible, if applicable.
c. Adjust the maintenance allowance for the remaining applicants effective the month the SSI individual's needs are deleted.
B. SSI Approval with Authorized Single Person Case in EIS
1. Each individual in an authorized single person case in EIS (except HSF, SA, AAF payment type 5) who begins to receive SSI is identified to the county dss on the DHREJ SSI MED CREATED/MODIFIED Report. The message is: CAS TRM- EIS has created an SSI Medicaid case. This report is generated in XPTR each time EIS is modified as a result of an SSI approval. Refer to EIS 4200 for additional information on the report.
2. When a single individual who is already authorized in EIS in any aid program/category is approved for SSI no further action is required.
3. For a married individual whose spouse is receiving non-SSI Medicaid:
a. React to the change in 30 days.
b. Treat the spouse as a budget unit of one.
c. Delete the SSI individual's needs, income, and resources from the spouse's budget effective the month of SSI Medicaid authorization. Apply the Maintenance Allowance adjustment.
d. Refer to MA-2340, Change in Situation, for instructions on deleting a budget unit member.
North Carolina Department of Health and Human Services AGED, BLIND AND DISABLED MEDICAID MANUAL
MA-1100 AGED, BLIND AND DISABLED
SSI MEDICAID – COUNTY DSS RESPONSIBILITY
3 REVISED 10/01/05 - CHANGE NO. 28-05 (I.) C. SSI Approval With Authorized Multiple Person Case in EIS (MAF, MIC, AAF)
1. Each individual in an authorized multiple person case in EIS who begins to receive SSI is identified to the county dss on the DHREJ SSI MED CREATED/MODIFIED Report. The message is: IND DEL-EIS has created an SSI Medicaid case. This report is generated in XPTR each time a case in EIS is modified as a result of an SSI approval. Refer to EIS 4200 for additional information on the report.
2. React to the non-SSI case within 30 days.
3. Delete the SSI individual's income from the ongoing non-SSI case effective the month of SSI Medicaid authorization.
4. Change the maintenance allowance to delete the SSI individual's need.
5. If the change causes the case to have a deductible, send a timely notice.
6. Refer to the Family and Children’s Manual, MA-3410, Terminations and Deletions for instructions on deleting an assistance unit member.
D. SSI Approval with Deductible Case in EIS (MAABD or MAF)
1. An SSI approval for an individual in a single person MAABD or MAF case in deductible status in EIS is identified to the county dss on the DHREJ SSI MED CREATED/MODIFIED Report. The message is: CAS TRM-EIS has created an SSI Medicaid case. This report is generated in XPTR each time a case in EIS is modified as a result of an SSI approval. Refer to EIS 4200 for additional information on the report.
2. SSI Medicaid is authorized effective the month of approval for SSI, but not prior to January 1, 1995.
a. Recompute the six month deductible based only on the income in the months in the certification period prior to SSI Medicaid authorization.
b. Notify the individual of the revised deductible.
c. If the revised deductible is met, authorize for the period of time prior to SSI Medicaid authorization.
3. If the SSI individual has a non-SSI spouse, review the spouse's case:
North Carolina Department of Health and Human Services AGED, BLIND AND DISABLED MEDICAID MANUAL
MA-1100 AGED, BLIND AND DISABLED
SSI MEDICAID – COUNTY DSS RESPONSIBILITY
4 REVISED 10/01/05 - CHANGE NO. 28-05 (I.D.3)
a. Treat the non-SSI spouse as a budget unit of one effective the month the SSI individual is authorized for SSI Medicaid. Apply Maintenance Allowance Adjustment.
b. Follow MA-2340, Change In Situation, or Family and Children’s Manual, MA-3410, Terminations and Deletions, for instructions to delete budget unit members.
4. If the SSI recipient is in deductible status in a multiple person MAF case the message is: IND DEL-EIS has created an SSI Medicaid case.
a. Recalculate the six month deductible based on the number of months the SSI individual was in the certification period.
b. Delete the SSI individual from the budget unit effective the month of SSI Medicaid authorization.
c. Notify the ongoing MAF case of the amount of the new deductible.
E. SSI Approval with MQB Case in EIS
1. Each individual in an authorized MQB case in EIS who begins to receive SSI is identified to the county dss on the DHREJ SSI MED CREATED/MODIFIED Report. The message is: CAS TRM-EIS has created an SSI Medicaid case. This report is generated in XPTR each time an MQB case in EIS is terminated and a MAABD case is created as a result of an SSI approval. Refer to EIS 4200 for additional information on the report.
2. If the MQB recipient was on a deductible, follow instructions in D. above, to recalculate the six month deductible for the SSI individual for the period prior to the SSI Medicaid authorization.
F. SSI Approval with Existing HSF Case
1. When an authorized HSF recipient is approved for SSI, the SSI status is set to "Y". The case remains in HSF. This situation is not identified on the DHREJ SSI MED CREATED/MODIFIED Report.
2. If the HSF case is in deductible status, the SSI status is set to "Y" and the case is automatically authorized effective the month of SSI approval. Individuals in HSF who go from deductible status to authorized are identified on the DHREJ SSI MED CREATED/MODIFIED Report. The message is: SSI MED-Non-SSI EIS cases that change to SSI Medicaid. Follow instructions in D., above to recompute the deductible for the time prior to SSI Medicaid authorization, if applicable.
North Carolina Department of Health and Human Services AGED, BLIND AND DISABLED MEDICAID MANUAL
MA-1100 AGED, BLIND AND DISABLED
SSI MEDICAID – COUNTY DSS RESPONSIBILITY
5 REVISED 10/01/05 – CHANGE NO. 28-05 (I.F.) 3. The county dss continues to be responsible for county custody and placement.
4. The county dss retains the capability to update address, county, district number, and county case number. The following fields cannot be updated:
a. SSI status b. Certification thru c. RSDI Claim number d. First Name, Middle Initial, Last Name e. SSN f. Date of Birth g. Sex
G. SSI Approval With Existing SAA or SAD Case
1. When an individual in SAA or SAD is approved for SSI, the case remains in SAA or SAD.
2. EIS sets the SSI status to “Y”. This prohibits the county dss from terminating Medicaid even when SAA or SAD terminates.
3. Refer to the Special Assistance Manual for further instructions for SA recipients.
H. SSI Approval with Existing AAF Case
1. Single Person Case
a. For AAF (payment type 1, 2, S, or 4) the case is closed. An SSI Medicaid case is created for the individual.
b. For AAF (payment type 5) case, EIS sets the SSI status to "Y." The case remains AAF. The individual will receive automatic Medicaid.
2. Multiple Person Case (All payment types)
a. The SSI individual is deleted from the case. An SSI Medicaid case is created for the individual.
b. The AAF case is not altered in any other way.
Refer to the Work First Manual for instructions for AAF cases.
North Carolina Department of Health and Human Services AGED, BLIND AND DISABLED MEDICAID MANUAL
MA-1100 AGED, BLIND AND DISABLED
SSI MEDICAID – COUNTY DSS RESPONSIBILITY
6 REISSUED 10/01/05 – CHANGE NO. 28-05
II. COUNTY DSS RESPONSIBILITY FOR RETROACTIVE SSI MEDICAID
This section applies ONLY to individuals requesting retroactive Medicaid based on an SSI date of application. Individuals can also apply for retroactive Medicaid based on the Medicaid date of application at the dss. Refer to MA-2301, Conducting A Face To Face Intake Interview, for procedures when accepting and processing non-SSI retroactive Medicaid applications.
A. Policy Rules
1. The retroactive period for SSI Medicaid is the 1, 2, or 3 month period prior to the SSI month of application. This date is protected for any Medicaid coverage group.
2. An individual cannot apply for retroactive SSI Medicaid until his SSI application is disposed.
3. The a/r must apply for retroactive SSI Medicaid within 60 days (90 days with good cause) from the date of the SSI Medicaid approval or denial notice in order to protect the SSI retroactive period.
B. Establish Timely Application
1. Verify that the request for retroactive Medicaid is within 60 days of the date of the SSI Medicaid disposition notice generated by EIS:
a. View applicant's Medicaid approval or denial notice. The 60 day period begins with the Date Mailed on the Notice, or
b. Verify the case create date on the case data (cd) screen in EIS. This is the date the Medicaid notice is mailed. The 60 day period begins with the date the Medicaid notice was mailed,
or
c. Verify via the on-line SDX the date of SSI denial. The 60 day period begins with the date of the first Saturday after the SSI denial. This is the date the Medicaid notice is mailed. (Use this method to establish the date of the notice only when the applicant cannot provide his SSI Medicaid denial notice).
2. When more than 60 days but less than 90 days have elapsed, determine if good cause exists for failure to apply timely. Good cause is limited to:
a. The applicant states he did not receive the SSI Medicaid notice; or
b. The applicant dies; or
c. The applicant is incapacitated, incompetent, or unconscious and there is no representative acting on his behalf; or
North Carolina Department of Health and Human Services AGED, BLIND AND DISABLED MEDICAID MANUAL
MA-1100 AGED, BLIND AND DISABLED
SSI MEDICAID – COUNTY DSS RESPONSIBILITY
7 REISSUED 10/01/05 – CHANGE NO. 28-05 (II.B.) d. The applicant or spouse, child, or parent, or representative of applicant is hospitalized for an extended period of time.
3. DO NOT TAKE AN APPLICATION FOR RETROACTIVE SSI MEDICAID WHEN THE REQUEST IS NOT TIMELY.
C. Establish the Retroactive Period
1. The retroactive period is the 1, 2, or 3 month period prior to the SSI month of application.
2. Always use the date in the SSI Application Date field to verify the retroactive period. It is located on screen two of the on-line SDX.
D. Register a DSS-8124
1. The application date entered on the DSS-8124 is the date the retroactive application is signed at the county dss. This is a new application, not a reapplication.
2. Enter the exact first and last name, Social Security number, and birth date as listed on the SDX.
IMPORTANT: EIS DATA MUST MATCH SDX DATA TO PREVENT FUTURE DISCREPANCIES.
3. Use the EIS individual ID number assigned to this individual.
4. The application must be MAA, MAD, or MAB.
5. On the retro date screen, place an S beside RSDI Or SSI Appeal Reversal/SSI APPL to indicate this is an SSI Retroactive application.
NOTE: Using the date screen allows retro Medicaid to be authorized based on the SSI date of application and application processing time to be based on the date the DSS-8124 is signed.
6. Enter the SSI date of application beside ORIG DTE OF APPLI on the date screen. Refer to EIS 2400 for further instructions.
E. Determine Eligibility In the Retro Period
1. Evaluate eligibility using categorically needy criteria. When the individual does not meet categorically needy income and/or resources limits evaluate under any Medicaid program (Medically needy, MAF, MIC, etc.)
North Carolina Department of Health and Human Services AGED, BLIND AND DISABLED MEDICAID MANUAL
MA-1100 AGED, BLIND AND DISABLED
SSI MEDICAID – COUNTY DSS RESPONSIBILITY
8 REISSUED 10/01/05 – CHANGE NO. 28-05 (II.E) 2. If it is an MAD application and disability has not been established for the retroactive period, follow instructions in MA-2525, Disability. This is an MAD-Y application. Send the required information to Disability Determination Services (DDS).
3. If eligible under any Medicaid coverage group in the retro period, approve the application as open/shut. Refer to EIS 4200 for instructions to authorize when eligibility is established under a Family and Children's coverage group.
4. Follow procedures in MA-2395, Corrective Actions and Responsibility For Errors, to request an override when the 365 day limit for filing claims has expired or less than 60 days remain before the time limit expires.
5. If the individual is not eligible in any Medicaid coverage group in the retro period, deny the application per MA-2304, Processing the Application.
III. COUNTY DSS RESPONSIBILITY FOR SSI APPLICANTS WHO DIE PRIOR TO DISPOSITION
This section only applies to deceased individuals who applied for SSI prior to their death.
A. Policy Rules
1. The county dss can protect the SSI date of application for retroactive Medicaid and ongoing Medicaid when an SSI applicant dies before SSA establishes eligibility for SSI.
2. The representative must request Medicaid within 60 days (90 days with good cause) from the date of the SSI disposition notice.
B. Establish Timely Application
Follow instructions in II.B. to establish the application is timely.
C. Establish the Retroactive and Ongoing Period
1. The retroactive period is 1, 2, or 3 month period prior to the SSI month of application. Verify this date on screen two of the on-line SDX.
2. The ongoing period begins with the month of SSI application and continues through the month of death.
D. Register a DSS-8124
1. Enter the exact first and last name, social security number, and birth date as listed on the SDX or SSA record. This is a new application, not a reapplication.
North Carolina Department of Health and Human Services AGED, BLIND AND DISABLED MEDICAID MANUAL
MA-1100 AGED, BLIND AND DISABLED
SSI MEDICAID – COUNTY DSS RESPONSIBILITY
9 REISSUED 10/01/05 – CHANGE NO. 28-05 (III.D.) IMPORTANT: EIS DATA MUST MATCH SDX DATA.
2. If the deceased individual never applied for SSI, the application date entered on the DSS-8124 is the date the application is signed by the representative. Eligibility can be established no earlier than three calendar months prior to this date. Do not use the date screen when there is no SSI application date to protect.
3. When the individual applied for SSI, the SSI date of application is protected for Medicaid. Use the date screen and:
a. Place an S beside RSDI Or SSI Appeal Reversal/SSI APPL.
Note: Using the date screen allows Medicaid to be authorized based on the SSI date of application and application processing time to be based on the date the DSS-8124 is signed.
b. Enter the SSI date of application beside ORIG DTE OF APPLI on the date screen. Refer to EIS 2400 for further instructions.
E. Determine Eligibility
1. Complete a full determination of eligibility. If the individual does not qualify as categorically needy, evaluate in any Medicaid coverage group.
2. If it is an MAD application and disability has not been established, follow instructions in MA-2525, Disability, to send required information to Disability Determination Services (DDS).
3. If eligible in any Medicaid coverage group, approve the application as open/shut through the month of death. Refer to EIS 4200 to authorize assistance when eligibility is established in a Family and Children's coverage group.
4. Follow procedures in MA-2395, Corrective Action and Responsibility for Errors, to request an override when the 365 day limit for filing claims has expired or less than 45 days remain before the time limit expires.
5. If the individual is not eligible in any coverage group, deny the application per MA-2304, Processing The Application.
North Carolina Department of Health and Human Services AGED, BLIND AND DISABLED MEDICAID MANUAL
MA-1100 AGED, BLIND AND DISABLED
SSI MEDICAID – COUNTY DSS RESPONSIBILITY
10 REISSUED 10/01/05 – CHANGE NO. 28-05
IV. COUNTY DSS RESPONSIBILITY WHEN AN SSI RECIPIENT ENTERS LONG TERM CARE (LTC)
When an ongoing SSI recipient enters long term care (or psychiatric residential treatment facility (PRTF) if under 21), SSA continues to determine Medicaid eligibility. However, the recipient or his representative must contact the county dss and request payment for nursing home cost of care. Payment for nursing home cost of care is not an automatic benefit for SSI Medicaid recipients. In order to establish eligibility for cost of care, the county dss must consider the following:
• County of residence • Patient Monthly Liability (PML) • Level of Care (FL-2/MR-2) – Not applicable to PRTF (Refer to MA-2270, Long Term Care Need And Budgeting) • Transfer of Resources – Not applicable to PRTF as transfer of resources sanctions apply only to nursing facility expenses, CAP waiver program, and in-home health services and supplies. See MA-2240, Transfer of Resources, for the definition of in-home health services and supplies. • Community Spouse and dependents income allowance • Community Spouse Resource Protection
Inpatient treatment in a psychiatric residential treatment facility (PRTF) is a covered service for individuals under 21. The claims are paid the same way as for a nursing facility. Admission to a PRTF is treated as an admission to a nursing facility for budgeting purposes.
Take the following steps to determine if an ongoing SSI Medicaid recipient is eligible for payment of cost of care:
A. Establish County of Residence
Refer to MA-2221, County Residence.
1. If the recipient has established residence in another county, or the SDX shows the incorrect county of residence, refer the a/r to the correct county to request cost of care.
2. If the recipient last lived in pla outside of North Carolina, the county of residence is the county where the a/r resides in the nursing facility.
3. If there is a conflict in county residency, refer to MA-2221, County Residence.
North Carolina Department of Health and Human Services AGED, BLIND AND DISABLED MEDICAID MANUAL
MA-1100 AGED, BLIND AND DISABLED
SSI MEDICAID – COUNTY DSS RESPONSIBILITY
11 REVISED 11/01/11 – CHANGE NO. 17-11 (IV.) B. Establish a Case Record
When county residency has been established prepare a county case record. Include in the record all forms and documents identified in this section.
C. Establish Level of Care. (Refer to MA-2270, Long Term Care Need and Budgeting.)- Not applicable to PRTFs.
1. Request a completed FL-2/MR-2. Use the MR-2 to request the level of care for ICF-MR and CAP-MR/DD.
2. Send the FL-2 to the Claims Processing Contractor Prior Approval Unit and forward the MR-2 to the Murdock Center, Specialized Services, to obtain prior approval.
3. If the recipient does not have an approved FL-2/MR-2 for the correct level of care, do not authorize payment for cost of care.
D. Complete the Adult Medicaid Applications and Supplement B - LTC Budgeting
1. It is not necessary to complete sections already verified by SSI eligibility (i.e. citizenship, age, disability, etc.).
2. Evaluate for transfer of resources.
Transfer of Assets reports are received by DMA from SSA and sent to the counties to evaluate an SSI individual for transfer of resources. SSA enters a payment status code of N04 to indicate excess resources, but not necessarily due to a transfer. Additional investigation may be necessary to ensure it was not a transfer that created a period of ineligibility. React to reports upon receipt. Refer to MA- 2240, Transfer of Resources.
a. If a non-allowable transfer has occurred, follow transfer of resources policy. Assign sanction, if appropriate.
b. Do not authorize cost of care during sanction period.
3. If the recipient has a community spouse, determine spousal and dependent family member allowance.
4. Establish that reserve is within allowable limits. If countable assets exceed the reserve limit for one and cannot be reduced by the burial exclusion, do not authorize cost of care. (If resources have not been reported to SSA, use the DMA- 5049, Referral to Local Social Security Office, to advise SSA.)
North Carolina Department of Health and Human Services AGED, BLIND AND DISABLED MEDICAID MANUAL
MA-1100 AGED, BLIND AND DISABLED
SSI MEDICAID – COUNTY DSS RESPONSIBILITY
12 REISSUED 11/01/11 – CHANGE NO. 17-11 (IV.D.) 5. Determine PML per MA-2270, Long Term Care Need and Budgeting.
a. The PML is “0” for the month of entry.
b. Do not count the SSI payment when determining the PML.
E. Individual Ineligible for Cost of Care
If the individual is ineligible for payment of cost of care due to inappropriate level of care, transfer of assets sanction, or excess reserve, send a DSS-8109/DSS-8109S, Notice of Benefits Denied or Withdrawn, to deny payment for cost of care.
F. Individual Eligible for Cost of Care
When it is established the recipient is eligible for payment of cost of care, take the following steps:
1. Update the following fields in EIS: a. County Number b. District # and Worker # c. Address d. Maintenance Allowance e. Earned Income, Unearned income, Total Countable Income f. PML g. Medicaid Effective Date h. Living Arrangement Code
2. Complete and send the DMA-5016, Notification of Eligibility for Medicaid/Amount and Effective Date of Patient's Liability, to the facility. Ensure the PML reported to the facility agrees with the PML in EIS.
3. Send a DSS-8110/DSS-8110S, Notice of Change in Benefits, to notify the recipient he is eligible for payment of cost of care. Also use the DSS-8110/DSS- 8110S, Notice of Change in Benefits, to:
a. Advise him that if his SSI terminates, his cost of care will also terminate.
b. Instruct him to notify the dss of any change in living arrangement or if his SSI terminates.
North Carolina Department of Health and Human Services AGED, BLIND AND DISABLED MEDICAID MANUAL
MA-1100 AGED, BLIND AND DISABLED
SSI MEDICAID – COUNTY DSS RESPONSIBILITY
13 REVISED 10/01/05 – CHANGE NO. 28-05 (IV.) G. Review
As long as the recipient continues to receive SSI, the county dss does not have to redetermine eligibility. If the dss learns of a change that might affect eligibility for cost of care or the PML, treat as a change in situation. If the change affects eligibility for SSI, use the DMA-5049, Referral to Local Social Security Office, to report the information to SSA. Examples of when the dss must react to an SSI recipient in LTC: individual leaves the facility, changes level of care, COLA increase, change in income other than SSI, or a countable asset is discovered that was not previously considered.
H. SSI Recipient in LTC Returns to PLA
If an SSI recipient leaves LTC and returns to a private living arrangement, change the living arrangement code in EIS to reflect pla living arrangement. EIS will use the county and address on the SDX.
I. SSI Recipient in LTC Transfers to Domiciliary Facility
If an SSI recipient in LTC transfers to a domiciliary care facility, refer to the Special Assistance Manual to authorize the SA payment.
V. COUNTY DSS RESPONSIBILITY WHEN SSI TERMINATES FOR INDIVIDUALS IN LTC
When SSI terminates due to the recipient entering long term care, the county dss will often have established eligibility for LTC before the SSI payment terminates according to procedures in IV. above. In that case follow procedures in V.A., below. If eligibility for LTC has not been established, follow procedures in V.B., below.
A. SSI Terminates - Eligibility for LTC Already Established
Take the following steps if the procedures in IV. above have been followed and LTC eligibility has been previously established within the past 6 months:
1. Contact the recipient or representative to determine whether there has been a change in income or assets. If there has been a change, reverify. Also verify status of the homesite and explain estate recovery provisions.
2. Review the Adult Medicaid Applications. The recipient or the representative does not have to sign the application form.
3. Begin the "ex parte" redetermination according to procedures in MA-1000, VII, SSI Medicaid-Automated Process.
North Carolina Department of Health and Human Services AGED, BLIND AND DISABLED MEDICAID MANUAL
MA-1100 AGED, BLIND AND DISABLED
SSI MEDICAID – COUNTY DSS RESPONSIBILITY
14 REISSUED 10/01/05 – CHANGE NO. 28-05 (V.A.) 4. If the individual remains eligible:
a. The certification period begins the current processing month in EIS.
Example: Review completed September 27. The ongoing EIS month is November. The certification period is November 1 through April 30.
b. Adjust the PML if necessary.
5. Follow EIS instructions to post eligibility.
6. If there has been a change which makes the recipient ineligible, terminate the case.
B. SSI Terminates - Eligibility for LTC Not Established
There may be some situations in which the county does not know a recipient has entered LTC until the "ex parte" redetermination has begun.
If eligibility for payment of cost of care has never been established,
1. Follow procedures in MA-2230, Financial Resources, MA-2231, Community Spouse Resource Protection, MA-2240, Transfer of Resources, and MA-2270, Long Term Care Need and Budgeting, to establish financial eligibility for cost of care and patient liability.
2. Until it is determined that the recipient is eligible for nursing home cost of care and a PML is established the recipient may receive Medicaid continuation for PLA only (according to MA-1000, VII, SSI Medicaid-Automated Process.)
3. If the recipient is eligible for cost of care follow EIS instructions to post eligibility.
4. If the recipient is eligible for Medicaid but ineligible for nursing home cost of care for any reason, follow policy in MA-2270, Long Term Care Need and Budgeting, for PLA budgeting procedures.
VI. COMMUNITY ALTERNATIVES PROGRAM (CAP
A. SSI Medicaid recipients are eligible for services offered under the Community Alternatives Programs. SSA continues to determine Medicaid eligibility. However, the county dss is responsible for establishing eligibility for CAP. County responsibilities include:
1. Level of Care (FL-2/MR-2) in the record,
North Carolina Department of Health and Human Services AGED, BLIND AND DISABLED MEDICAID MANUAL
MA-1100 AGED, BLIND AND DISABLED
SSI MEDICAID – COUNTY DSS RESPONSIBILITY
15 REISSUED 10/01/05 – CHANGE NO. 28-05 (VI.A.) 2. Plan of Care (The county dss or CAP lead agency) in the record,
3. Complete a DMA-5008, to evaluate for transfer of resources. Refer to MA-2240, Transfer of Resources.
a. If a non-allowable transfer has occurred, follow transfer of assets policy. Assign sanction, if appropriate.
b. Do not authorize cost of care during sanction period.
4. Assess Community Spouse Resource Protection (CSRP), if applicable.
B. Continue to follow all rules and procedures in MA-2280, Community Alternatives Programs Medicaid Eligibility, to authorize CAP coverage for an individual who is already eligible for Medicaid. In addition, consider the following information for SSI recipients who are also eligible for CAP.
1. Deductible
SSI Medicaid recipients do not have a deductible under CAP.
2. EIS
a. The SDX will continue to control all elements in EIS for SSI recipients who are eligible for CAP except for the CAP indicator and effective date.
b. The county dss is responsible for:
(1) Entering in EIS the CAP indicator and effective date.
(2) Terminating CAP coverage in EIS.
3. Refer to EIS 3101 for instructions on posting CAP.
VII. IN-HOME HEALTH SERVICES AND SUPPLIES
When an ongoing SSI recipient receives assistance with in-home health services and supplies, the county dss will be notified by the recipient, provider, or Medicaid claims contractor that a transfer of resources evaluation is needed. The dss is responsible for establishing eligibility by completing a transfer of resources evaluation. Refer to MA-2240, Transfer of Resources, for procedures.
A request for a transfer of resources evaluation is considered a change in situation that must be reviewed promptly. Refer to MA-2340, Change In Situation, for procedures.
Take the following steps to determine if an ongoing SSI Medicaid recipient is eligible for in- home health services and supplies:
North Carolina Department of Health and Human Services AGED, BLIND AND DISABLED MEDICAID MANUAL
MA-1100 AGED, BLIND AND DISABLED
SSI MEDICAID – COUNTY DSS RESPONSIBILITY
16 REISSUED 10/01/05 – CHANGE NO. 28-05 (VII.) A. Establish the County of Residence
Refer to MA-2221, County Residence.
1. If the recipient has established residence in another county, or the SDX shows the incorrect county of residence, the county dss in which the report appears must contact the county of residence immediately to advise them that a transfer of resources evaluation is needed.
Within 5 workdays, the first county must send a copy of the report to the county of residence who must complete the evaluation. The individual will remain on the first county’s report until the transfer of assets evaluation indicator has been updated even if the county of residence is changed in EIS.
2. If there is a conflict in county residency, refer to MA-2221, County Residence.
B. Establish a Case Record
Within 5 workdays of being notified of the need for the evaluation, the county of residence must contact the recipient verbally or in writing to determine if a non-allowable transfer has occurred.
In addition, send a DMA-5049, Referral to Local Social Security Office, to notify SSI of the correct county of residence.
1. If the recipient states there have been no transfers and the investigation does not prove otherwise, document the case record and update the Assets Transfer Tracking Screen to indicate that there is no transfer of resources sanction. Refer to MA-2240, Transfer of Resources, and EIS-3900, Assets Transfer Tracking Screen, for procedures.
2. If the recipient states that a non-allowable transfer has occurred, follow transfer of resources policy. Update the Assets Transfer Tracking Screen and assign sanction, if appropriate, following timely notice. Refer to MA-2240, Transfer of Resources, and EIS-3900, Assets Transfer Tracking Screen, for procedures.
3. If the recipient fails or refuses to respond to the request for information regarding transfer of resources, complete the EIS Assets Transfer Tracking Screen and impose an indefinite sanction following timely notice. Refer to MA-2240, Transfer of Resources, and EIS-3900, Assets Transfer Tracking Screen, for procedures.
North Carolina Department of Health and Human Services AGED, BLIND AND DISABLED MEDICAID MANUAL
MA-1100 AGED, BLIND AND DISABLED
SSI MEDICAID – COUNTY DSS RESPONSIBILITY
17 REISSUED 11/01/11 - CHANGE NO. 17-11 (VII.) C. Individual Eligible for In-Home Health Services and Supplies
When it is established that the recipient is eligible for payment of in-home health services and supplies, send the recipient a manual approval notice to continue assistance with these services.
D. Individual Ineligible for In-Home Health Services and Supplies
1. If the individual is ineligible for assistance with in-home health services and supplies due to a transfer of resources sanction, send the recipient a manual DSS- 8110/DSS-8110S, Notice of Change In Benefits, to terminate assistance with these services. Refer to MA-2240, Transfer of Resources, for procedures.
2. Medicaid assistance continues for other covered services.
E. Assets Transfer Tracking Screen
When the transfer of resources evaluation is completed, update the evaluation indicator and/or sanction period in EIS. Refer to MA-2240, Transfer of Resources and EIS-3900, Assets Transfer Tracking Screen, for procedures.
VIII. EMERGENCY CERTIFICATION FOR MEDICAID
A. There may be some instances when an SSI recipient needs a Medicaid card before EIS can automatically issue a card. This may occur when:
1. A newly approved SSI recipient has not received Medicaid due to SSA lag time in updating the SDX or between receipt of SDX and processing of this data by EIS.
2. An SSI recipient recently established residency in North Carolina and is not yet on North Carolina's SDX.
3. The SDX does not verify eligibility due to a problem with the SSA system.
B. Procedures
When an individual requests emergency Medicaid:
1. Document an emergency situation exists.
a. An emergency situation exists when there is an immediate medical need that cannot be met without a current Medicaid card. For example, an individual needs heart medication and the pharmacist will not fill the prescription without a Medicaid card.
North Carolina Department of Health and Human Services AGED, BLIND AND DISABLED MEDICAID MANUAL
MA-1100 AGED, BLIND AND DISABLED
SSI MEDICAID – COUNTY DSS RESPONSIBILITY
18 REVISED 11/01/11 – CHANGE NO. 17-11 (VIII.B.)
b. When an individual has a Medicaid card from another state, verify if the provider will accept the other state's Medicaid. If not, initiate emergency card procedures.
2. Establish SSI eligibility. SSI eligibility can be established by verifying the individual is on the SDX Exception List, on-line SDX, SOLQ, or by the emergency certification.
a. First, verify whether the individual is on the exception list because data in EIS did not match with data on the SDX. In this situation, do not issue an emergency card. Work the exception report and the card is issued automatically by EIS in the nightly cycle.
b. If the case is not on the exception list, view the on-line SDX. When the individual is on the SDX in current pay status (CO1), SSI eligibility is established.
c. Counties may use SOLQ to verify SSI for emergency Medicaid. Using SOLQ should eliminate the need most often for using the DMA-5050, Emergency Certification for Medicaid.
d. When the individual is not on the exception list, the on-line SDX, or SOLQ, the DMA-5050, Emergency Certification for Medicaid, must be completed by SSA to establish SSI eligibility and North Carolina residence.
e. The DMA-5050, Emergency Certification for Medicaid, may be initiated by DSS or SSA. The completed form:
(1) Verifies that the individual is eligible for SSI in the current month, and
(2) Verifies the individual is a North Carolina resident, and
(3) Provides all the necessary identifying information needed to issue a Medicaid card.
3. When SSI eligibility has been established via the SDX, SOLQ, or the Emergency Certification form:
a. Enter an administrative DSS-8124 (unsigned and untracked). Mark ADMINISTRATIVE.
b. Use exact Social Security number, last name, first name, and date of birth as the SSA record. This ensures the same EIS Individual ID is used when the SSI Medicaid case is created.
North Carolina Department of Health and Human Services AGED, BLIND AND DISABLED MEDICAID MANUAL
MA-1100 AGED, BLIND AND DISABLED
SSI MEDICAID – COUNTY DSS RESPONSIBILITY
19 REISSUED 11/01/09 - CHANGE NO. 16-09 (VIII.B.3.) c. The system will set the SSI status to “N”.
d. Approve open/shut for the current month only.
e. Retain the DMA-5050, Emergency Certification for Medicaid, indefinitely.
IX. COUNTY DSS RESPONSIBILITY FOR AN SSI CHILD IN HSF
A. SSI Child Receiving in HSF
1. A child who receives SSI can be in HSF. This allows the county dss to continue to update certain data elements in EIS. This is necessary because children in dss custody may have an address and county number on the SDX other than the Medicaid county of residence. Also, this allows the State to identify children in dss custody for federal reporting purposes.
2. The county dss updates all fields in EIS except the following:
a. Certification Period b. RSDI Claim Number c. First Name, Middle Initial, Last Name d. SSN e. Date of Birth f. Sex
NOTE: When there is a conflict between SSA records and dss records for one of the above elements and it causes a problem, use the DMA-5049, Referral to Local Social Security Office to report the conflict. For example, an error in the date of birth or name may cause claims to deny.
3. When the SSI status is "Y" in an HSF case, Medicaid cannot be terminated by the county dss.
4. The county dss continues to have placement responsibility for the SSI child.
B. SSI Child in HSF is No Longer in County Custody
1. When an SSI child who is in HSF is no longer in county custody, he must be taken out of HSF.
2. As long as he receives SSI his Medicaid cannot be terminated.
3. Enter a DSS-8125 to transfer the HSF case to MAABD. Refer to EIS 4200 for instructions.
North Carolina Department of Health and Human Services AGED, BLIND AND DISABLED MEDICAID MANUAL
MA-1100 AGED, BLIND AND DISABLED
SSI MEDICAID – COUNTY DSS RESPONSIBILITY
20 REVISED 11/01/09 - CHANGE NO. 16-09 (IX.) C. SSI Medicaid Child Enters County Custody
1. When an SSI recipient who is receiving Medicaid under MAABD enters county custody, the county dss can transfer the child to HSF.
2. Enter a DSS-8125 to transfer the MAABD case to HSF. Refer to EIS 4200 for instructions.
X. NON-ELIGIBILITY RELATED MEDICAID PROCEDURES
A. Returned Cards
1. Undeliverable Medicaid cards will be returned to the county dss. It is recommended that the cards be filed in one place. If a recipient reports he did not receive his Medicaid card, research the file. The card can be given to him personally or mailed to him. Follow instructions in MA-2380, Medicaid Identification Card.
2. Advise the recipient that Medicaid cards are not forwarded. Instruct the individual to report any change in address to SSA to ensure the Medicaid address is corrected.
3. Retain returned ID cards for 3 months. If they have not been claimed they may be shredded. Refer to shredding instructions in MA-2380, Medicaid Identification Card.
B. Replacement Cards
If an SSI Medicaid recipient reports he lost his Medicaid card or did not receive it, the county dss can order a replacement Medicaid card. Follow procedures in MA-2380, Medicaid Identification Card, to issue the card.
C. Transportation Services
SSI Medicaid recipients are eligible for Medicaid transportation services. The Medicaid approval notice instructs the SSI recipient to contact the county dss if he needs transportation to medical care.
An SSI recipient may apply for transportation in person or by phone. When an SSI Medicaid recipient requests transportation assistance, follow instructions in MA-2910, Medicaid Transportation.
North Carolina Department of Health and Human Services AGED, BLIND AND DISABLED MEDICAID MANUAL
MA-1100 AGED, BLIND AND DISABLED
SSI MEDICAID – COUNTY DSS RESPONSIBILITY
21 REVISED 11/01/11 – CHANGE NO. 17-11 (X.) D. Community Care of North Carolina/Carolina Access (CCNC/CA)
SSI Medicaid recipients are required to participate in Community Care of North Carolina/Carolina Access (CCNC/CA) unless they also receive Medicare. CCNC/CA participation is optional for Medicare beneficiaries.
1. New SSI Medicaid recipients will have an exempt code automatically assigned by EIS. These exempt codes will be:
a. 9900010 for SSI Medicaid recipients who are required to participate in the program, or
b. 9900011 for SSI Medicaid recipients who have Medicare and for whom participation is optional.
2. The SSI Medicaid approval notice gives a brief explanation of CCNC/CA and instructions to contact the county dss within 30 days to choose a primary care provider.
3. When the recipient contacts the dss by phone or in person, an Income Maintenance Caseworker is responsible for providing program education and a list of participating primary care providers from which to make a choice. The State CCNC/CA office provides educational materials for the counties to use.
4. When a mandatory recipient does not contact the dss within 30 days, the county assigns a primary care provider. The dss will notify each individual by letter of his provider and to explain the program and the correct way to access medical care. It is extremely critical that dss educate SSI recipients about the proper use of program policies and procedures.
5. In order to identify and track SSI Medicaid recipients, an SSI EXEMPT Report (for exempt codes 9900010 & 9900011) is generated monthly and mailed to each CCNC/CA county. Refer to EIS 4200 for additional information on the report.
6. It is strongly recommended that each Community Care of North Carolina/Carolina Access county maintain a list of mandatory SSI Medicaid participants in Community Care of North Carolina/Carolina Access. Document on the list:
a. That a duplicate Medicaid card was ordered following a request.
b. Any request for change of primary care provider by the recipient and date this request is made.
North Carolina Department of Health and Human Services AGED, BLIND AND DISABLED MEDICAID MANUAL
MA-1100 AGED, BLIND AND DISABLED
SSI MEDICAID – COUNTY DSS RESPONSIBILITY
22 REVISED 11/01/11 – CHANGE NO. 17-11 (X.D.6.) c. Any request by the primary care provider that a patient be disenrolled with that practice.
If there are any questions about Community Care of North Carolina/Carolina Access (CCNC/CA), please call your Medicaid Program Representative.
E. IV-D Referral
1. Caretakers of SSI children must cooperate with IV-D to establish medical support agreements when the following applies:
a. The caretaker is applying for or receiving Medicaid for herself in any aid program/category except MPW (see MA-2375, Procedures for Child Support Enforcement), and
b. The child meets the criteria listed in MA-2375, Procedures for Child Support Enforcement.
2. Caretakers of SSI children who are not applying for or receiving Medicaid for themselves may choose to cooperate with Child Support. The approval notice for SSI Medicaid instructs the recipient to contact IV-D if there is a child lacking parental support due to absence of one or both parents.
3. EIS will notify IV-D of the new SSI Medicaid case when a child lacking parental support due to absence of one or both parents:
a. Is approved for SSI Medicaid, and
b. Previously had an automated referral to IV-D completed. This continues the link between IV-D and EIS which allows automatic updates between the two systems.
4. Individuals in a pending application or active case in EIS who are already referred to IV-D when approved for SSI may continue to use IV-D services. EIS will continue to send automatic updates to IV-D for these cases if the SSI Medicaid case is created with the same EIS Individual ID. New SSI Medicaid approvals, including individuals who have never been active in EIS, may also use IV-D services.
North Carolina Department of Health and Human Services Division of Medical Assistance Medicaid Eligibility Unit AGED, BLIND AND DISABLED MEDICAID MANUAL MA-2000
NON-SSI ELIGIBILITY REGULATIONS
1 MA-2000 NON-SSI ELIGIBILITY REGULATIONS REVISED 08/01/13 – CHANGE NO. 05-13
I. INTRODUCTION TO NON-SSI MEDICAID ELIGIBILITY DETERMINED BY DSS
In addition to Medicaid for SSI beneficiaries, North Carolina provides Medicaid to needy aged, blind, and disabled individuals who do not receive SSI. For these individuals, eligibility is determined by the county department of social services. Each individual must meet categorical, financial, and non-financial requirements of an aid/program category in order to be eligible for Medicaid.
Use the 2000 Series to determine Medicaid eligibility for all non-SSI beneficiaries.
The purpose of this section is to list the categorical, financial, and non-financial Medicaid requirements for aged, blind, and disabled individuals who do not receive SSI, and to provide a brief overview of the individuals covered under adult Medicaid by classification.
II. CATEGORICAL REQUIREMENTS FOR NON-SSI MEDICAID COVERAGE GROUPS
A. MAA
To receive under MAA the individual must be aged 65 or older.
B. MAB
To receive under MAB the individual must be legally blind according to the SSI definition of disability. Blindness is defined as central visual acuity of 20/200 or less in the better eye with the use of a correcting lens or a limitation in the field of vision of the better eye that meets certain criteria. (Also evaluate for HCWD. See MA 2180.)
C. MAD
To receive under MAD an individual must:
1. Be disabled according to the SSI definition of disability. The SSI definition of disability is: A physical or mental impairment which prevents an individual from engaging in any substantial gainful activity (or for a child under 18, an impairment of comparable severity) and which has lasted or is expected to last for at least 12 months or is expected to result in death. (For HCWD, substantial gainful activity is not a consideration. See MA 2180.)
North Carolina Department of Health and Human Services AGED, BLIND AND DISABLED MEDICAID MANUAL MA-2000
NON-SSI ELIGIBILITY REGULATIONS
2 REVISED 08/01/13 - CHANGE NO. 05-13 (II.C.)
2. Be under age 65.
D. MQB-Q
To receive under MQB-Q an individual must be enrolled in Medicare (Part A and/or B).
E. MQB-B
To be eligible under MQB-B an individual must be enrolled in Medicare Part A.
F. MQB-E
To be eligible under MQB-E an individual must be enrolled in Medicare Part A.
G. M-WD
To be eligible under MWD an individual must have lost entitlement to Medicare Part A solely due to earnings in excess of the Substantial Gainful Activity threshold as determined by SSA.
III. NON-FINANCIAL REQUIREMENTS APPLICABLE TO ADULT MEDICAID COVERAGE GROUPS
A. Be a citizen of the U.S. or a “qualified alien” as defined in MA-2506, US Citizenship Requirements or MA-2504, Alien Requirements.
Non-qualified aliens defined in MA-2504 are potentially eligible to receive Medicaid for emergency medical treatment only, including labor and delivery.
Determine alien status and the scope of Medicaid coverage the alien is permitted to receive as defined in MA-2504, Alien Requirements.
B. Be a resident of North Carolina. Refer to MA-2220, State Residence.
C. Not be receiving Medicaid for his own needs from another aid program/category, county, or state.
D. Not be an inmate of a public institution unless incarcerated in a North Carolina Department of Public Safety, Division of Prisons (DOP) facility (see MA-2510/MA-3360, Living Arrangement for instructions on suspending the eligibility of DOP inmates).
North Carolina Department of Health and Human Services AGED, BLIND AND DISABLED MEDICAID MANUAL MA-2000
NON-SSI ELIGIBILITY REGULATIONS
3
REISSUED 03/01/14 - CHANGE NO. 01-14 (III.)
E. Not be in an institution for mental disease with more than 16 beds except individuals age 65 or older or individuals under age 21 receiving inpatient psychiatric services (see MA-2510/MA-3360, Living Arrangement).
F. Provide verification of all health insurance coverage for eligible assistance unit members and assign to the state all rights to third party payments from such insurance coverage.
G. Furnish his Social Security number, or apply for a number if he does not already have one, and furnish all Social Security numbers which he has used or under which he has received benefits.
H. Cooperate with the local child support enforcement (IV-D) agency in establishing paternity and securing medical and child support for any deprived child for whom the individual is caretaker when assistance is requested for that child. Refer to MA-2375, Procedures for Child Support Enforcement.
I. Apply for all benefits to which he may be entitled.
IV. FINANCIAL REQUIREMENTS APPLICABLE TO ADULT MEDICAID COVERAGE GROUPS
A. Resources
Not have countable assets that exceed the individual or couple resource limit for the classification and program in which eligibility is determined. See MA- 2260, Financial Eligibility Requirements-PLA and MA-2230, Financial Resources.
B. Income
Be in financial need according to the income limits for the program in which eligibility is determined. See MA-2260, Financial Eligibility Requirements- PLA and MA-2250, Income.
C. Transfer of Assets
For Long Term Care, PACE, and CAP cases not have transferred (or established a trust) real or personal property, including liquid resources, as specified by MA-2240, Transfer of Resources.
North Carolina Department of Health and Human Services AGED, BLIND AND DISABLED MEDICAID MANUAL MA-2000
NON-SSI ELIGIBILITY REGULATIONS
REVISED 03/01/14 - CHANGE NO. 01-14
V. NON-SSI AGED, BLIND, AND DISABLED COVERAGE GROUPS BY CLASSIFICATION
A. Categorically Needy - No Money Payment (Refer to MA-2100, Categorically Needy - No Money Payment, MA-2110, Passalong), and MA-2180, Health Coverage for Workers with Disabilities.
1. Individuals with income below 100% of the Federal Poverty Level and resources below the SSI limit who do not receive SSI.
2. Individuals Deemed To Be Receiving SSI (Passalongs).
3. Individuals covered under HCWD with unearned income less than or equal to 150% of Federal Poverty Level (there is no limit on total countable income for this program).
B. Medically Needy (Refer to MA-2120, Medically Needy Regulations)
Individuals who meet the non-financial eligibility requirements who have income/resources that exceed categorically needy income limits.
C. Medicare-Aid Coverage Groups
Medicare-Aid is a limited Medicaid program that supplements Medicare coverage for low income individuals.
1. Qualified Medicare Beneficiaries (MQB-Q) - Refer to MA-2130, Qualified Medicare Beneficiaries – Q.
2. Specified Low Income Medicare Beneficiaries (MQB-B) - Refer to MA-2140, Qualified Medicare Beneficiaries – B.
3. Qualified Disabled Working Individuals (MWD) - Refer to MA-2150, Medicaid Working Disabled.
4. Qualifying Individuals - QI-1’s (MQB-E) - Refer to MA-2160, Qualified Individuals 1 (MQB-E).
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North Carolina Department Of Health and Human Services Division of Medical Assistance Medicaid Eligibility Unit AGED, BLIND AND DISABLED MEDICAID MANUAL MA-2100 CATEGORICALLY NEEDY - NO MONEY PAYMENT 1 MA-2100 CATEGORICALLY NEEDY-NO MONEY PAYMENT REVISED 03/01/14-CHANGE NO. 01-14
I. INTRODUCTION TO CATEGORICALLY NEEDY - NO MONEY PAYMENT (N)
Categorically Needy - No Money Payment is a Medicaid classification for aged, blind, and disabled individuals who do not receive SSI, but whose resources are below the categorically needy levels and whose income is below 100% of the Federal Poverty Level (FPL). This section defines the general requirements to determine eligibility as categorically needy for non- SSI recipients. (For working disabled or blind individuals, see MA 2180, Health Coverage for Workers with Disabilities.)
Always evaluate aged, blind and disabled individuals as categorically needy before evaluating under medically needy criteria.
II. POLICY RULES FOR CATEGORICALLY NEEDY
A. Meet the eligibility requirements in MA-2000, Non-SSI Eligibility Regulations.
B. Categorically Needy Income Limits (Refer to MA-2260, Financial Eligibility Regulations - PLA.
C. Not exceed the resource limit (Refer to MA-2260, Financial Eligibility Regulations – PLA.
D. Classification
1. Non-HCWD categorically needy individuals have classification “N” or “Q”, if dually eligible.
2. HCWD categorically needy individuals have classification “N” or “G” or, if dually eligible, “”Q” or “B.”
E. Deductible
Individuals evaluated as categorically needy cannot have a deductible. When income exceeds the categorically needy income limit, evaluate as medically needy.
F. Certification/Authorization
Refer to MA-2350, Certification and Authorization.
G. Buy-In
For categorically needy cases, the buy-in effective date is the first day of the first month the recipient is authorized for Medicaid.
Refer to MA-2410, Medicare Enrollment and Buy-In, for procedures.
North Carolina Department of Health and Human Services North Carolina Medicaid Division of Health Benefits AGED, BLIND AND DISABLED MEDICAID MANUAL MA-2110
PASS-ALONG ____ REVISED 01/5/2026 – CHANGE NO. 01-26 I. INTRODUCTION TO PASS-ALONG To preserve Medicaid coverage for certain groups of individuals who lose Supplemental Security Income (SSI) and/or Special Assistance (SA), Congress enacted special Medicaid eligibility provisions. These provisions require the State to continue to evaluate specified groups of former SSI and SA beneficiaries under categorically needy criteria. Qualified individuals are eligible for a disregard of certain Retirement, Survivors, and Disability Insurance (RSDI) benefits. This is called Pass-along. Pass-along only applies to Private Living Arrangement (PLA) budgeting and to Step I of Long-Term Care (LTC) budgeting.
A. Four Eligibility Groups for Pass-along
1. There are four eligibility groups for Pass-along:
a. Cost of Living Allowance (COLA)/Pickle Amendment Group
b. Disabled Adult Children (DAC)
c. Early Widow(er)
d. Disabled Widow(er)
2. A former State/County Special Assistance beneficiary may also qualify for Pass-along in any of these four groups as long as the individual continues to reside in an Adult Care Home (ACH), even if they never received SSI.
B. Pass-along Eligibility
1. An applicant/beneficiary (a/b) need not claim Pass-along status. Many may not be able to remember when or if they received SSI or SA.
2. Fully investigate Pass-along eligibility in every case where the a/b is otherwise over income for Categorically Needy Medicaid Aged, Blind, Disabled (CN MAABD) because of income from Social Security.
3. Once an a/b is determined to be Pass-along eligible in one of the four groups, always consider the a/b as Pass-along in subsequent recertifications and applications unless one of the eligibility requirements for that Pass-along group changes.
C. Evaluating for Pass-along When determining Pass-along eligibility, NC FAST will systematically screen for eligibility in all applicable Pass-along groups.
3
1. An a/b receiving Social Security as Widow(er)s or as Disabled Adult Children, are evaluated under Disabled Adult Children (DAC), Early Widow(er)s, or Disabled Widow(er)s (as applicable) before evaluation under COLA/ Pickle Amendment Group.
2. The caseworker must document whether or not the individual is Pass-along eligible, the SSI/SA termination date and resources used to verify Pass-along status in NC FAST.
3. Maintain a copy of the following completed forms:
a. DHB-5150A Pass-along Screening Guide This form is completed when evaluating Pass-along groups of former Supplemental Security Income (SSI) and Special Assistance (SA) beneficiaries under categorically needy (C/N) criteria.
b. DHB-5150B Screening Guide for Medicaid Eligibility under the COLA Pass-along This form is completed when determining if an a/b qualifies for COLA Pass- along status under the Pickle Amendment.
II. COLA PASS-ALONG/ PICKLE AMENDMENT GROUP
A. Eligibility Requirements 1. Currently receives RSDI (Social Security) benefits;
2. Was eligible for and received RSDI and either SSI or State/County SA concurrently for at least one month after April 1, 1977 (or is treated as having received them concurrently under II.A.4. below); and
3. Lost SSI or SA benefits for any reason but would currently be eligible if the total amount of all COLA increases, since losing SSI or SA benefits, were excluded from countable income.
4. An a/b who received SSI and then were found retroactively eligible for RSDI are considered to have received SSI and RSDI concurrently.
5. If Pass-along eligibility is based on prior receipt of SA (not SSI), the a/b must currently reside in an adult care home.
B. Verify and Document an Applicant/Beneficiary (A/B) Who Lost SSI or SA Eligibility 1. If an a/b is in assisted living/adult care home (ACH) the caseworker must:
a. Check all available sources including NC FAST case records and
4
b. Determine if the a/b has received Special Assistance currently or in the past.
2. Use the following resources to identify if an a/b lost SSI or SA eligibility.
a. STATE DATA EXCHANGE (SDX)
1. The Medicaid Eligibility Code field indicates the eligibility status. 2. If the code is R, D, or W, the individual is ineligible for an SSI payment. Refer to NC FAST Help job aid, Requesting and Viewing Online Data (OVS) to request SDX information in NC FAST.
Note: SDX will not show SSI terminations prior to 01-01-95. If an SSI termination may have occurred prior to that date, contact the local Social Security Administration (SSA) office.
b. COLA Reports
1. Cola Reports are available in NC FAST Help and updated annually.
2. Review of COLA Pass-along eligibility based on these reports is required.
3. The reports are leads and may not identify all Pass-along eligible individuals.
4. SSI may have been terminated for a reason other than the COLA, but the individual may still be Pass-along eligible. Such persons will not appear on these reports.
5. Refer to MA-2940/ MA-3570, Social Security and Cost-of-Living Adjustment (COLA).
c. SSI Termination/Alert Report and Ex-parte Review for SSI Termination Tasks
1. SSI Reports and Tasks are available in NC FAST.
2. It is the responsibility of the county to monitor termination of SSI benefits and evaluate individuals for all Medicaid programs.
3. Refer to MA-1000, SSI Medicaid – Automated Process
4. Refer to in NC FAST Help. Job aid, SDX Overview, Tasks, and Work Queues.
5
C. Verify and Document the Following Factors for Potential COLA Pass-along Eligibility 1. The applicant/beneficiary (a/b) statement.
2. The date SSI or SA benefits were terminated on or after April 1977.
3. The current amount of the applicant’s/beneficiary’s RSDI. 4. The amounts of all RSDI COLA increases the a/b received since SSI or SA was terminated.
5. If the a/b lost SSI due to receiving RSDI:
a. Use the factor found in the Pickle Amendment chart below.
b. Find the year in which the individual lost SSI and multiply the factor by the current RSDI amount.
c. Compare the result to the current SSI Federal Benefit Rate (FBR) to determine eligibility.
6. If the a/b lost SA due to RSDI benefit increase:
a. Use the factor found in the Pickle Amendment chart below. Find the year in which the individual lost SA and multiply the factor by the current RSDI amount.
b. Compare the result to the current Special Assistance (SA) income standard to determine Medicaid eligibility. Beneficiary must reside in an ACH to be eligible.
Reference Special Assistance policy regarding income standards.
7. When an a/b’s RSDI increase caused them to
a. Lose SSI and become ineligible for Medicaid using Pass-along eligibility rules, and
b. The a/b is later determined to be eligible for SA and
c. The same a/b later loses SA benefits due to an RSDI increase,
the caseworker must determine which Pass-along group criteria should be used to evaluate for Pass-along eligibility and document the case record.
Example: The caseworker is completing a review for an a/b currently residing in an ACH. The a/b receives RSDI, and the most recent COLA increase resulted in the
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a/b losing eligibility for SA. Prior to residing in the ACH, the a/b received SSI and RSDI for at least one concurrent month. The caseworker must establish eligibility/ineligibility for Pass-along for both dates.
Lost SSI: 2015 • The caseworker multiplies the a/b’s current RSDI by the 2015 factor in the chart below, however the resulting amount exceeds the current SSI income standard, therefore the a/b is not eligible for Medicaid due to Pass-along for losing SSI. Lost SA: 2021
• The caseworker multiplies the a/b’s current RSDI by the 2021 factor in the chart below. If the resulting amount is below the current SA income standard, the a/b remains eligible for Medicaid because they continue to live in an ACH. Note: Contact the local Social Security Administration (SSA) Office when unable to verify benefits using BENDEX, SDX, SOLQ, case record or SSA Benefit Verification letter.
D. When the A/B is determined COLA Pass-along eligible: 1. Disregard any COLA increases received after SSI or SA was terminated for any reason from the current RSDI income for the a/b.
2. If there is a financially responsible person (spouse or parent) who receives RSDI benefits, also disregard all COLA increases received by that person since the a/b was terminated from SSI or SA.
3. The result is the countable RSDI income. 4. Refer to the current Pickle Amendment Chart below for assistance in deducting all RSDI COLA increases received by the a/b and/or financially responsible person since the last month in which the a/b was eligible for both RSDI and SSI or RSDI and SA concurrently.
E. Determine Countable Income Add the countable RSDI Income to other countable earned and unearned income then compare it to the current SSI or SA income limit. (Use the 1/3 reduced income limit if appropriate. Refer to MA-2261 1/3 Reduction)
1. If the countable income is below the current SSI or SA income limit, continue to evaluate as categorically needy.
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The SA level of care the person was in when they lost their SA will determine the maintenance amount for Medicaid Pass-along (SA Basic or Special Care Unit (SCU))
2. If the countable income is above the current SSI or SA income limit, the individual is not eligible for COLA Pass-along.
a. DO NOT disregard COLA. This person is ineligible under COLA Pass-along. b. If ineligible for COLA Pass-along, 1. Count the a/b and financially responsible person’s current RSDI income
2. Document in NC Fast and
3. Send the appropriate notice(s).
EXAMPLE : (COLA Pass-along) Applicant/Beneficiary (a/b), age 55, lives alone in their own home with countable assets less than $2,000. The a/b receives countable RSDI benefits in the amount of $1480 ($1,500 minus $20 disregard) a month which is over the Categorically Needy income limit for Medicaid.
A/B was informed by local agency that they have a large Medicaid deductible they must meet prior to Medicaid authorization.
A/B applied for RSDI and SSI in October 1985, alleging disability beginning October 1984 and was approved for disability in October 1986, as of the alleged onset date. A/B was initially paid SSI for October 1985 through December 1986 under SSA normal procedures (in order to provide Medicaid eligibility).
A/B received their first RSDI check in December 1986, which caused SSI to terminate at the end of December 1986. They also received retroactive RSDI benefits during the same time period which were reduced by the amount of SSI received. The regular RSDI monthly payment exceeded the income limit for SSI.
Disregard RSDI COLA increases since the 1986 SSI termination.
$ 1500 (a/b’s RSDI) x 0.338 (use the year 1986 percentage from Pickle Chart below) $507 (round up) - $20 (disregard) $487 (under the 2026 SSI income limit)
The a/b is Medicaid eligible based on COLA Pass-along (but not SSI eligible).
EXAMPLE: (COLA Pass-along couple) An applicant lives at home with their 75- year-old spouse who receives RSDI retirement of $1100/month. The spouse has never received SSI.
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The applicant is age 70 and receives $785/month in RSDI benefits. (Both figures include Medicare premiums). Their countable joint income of $1865 ($1885 minus $20 disregard) is over the MAA categorically needy income limit for couples.
The applicant received both RSDI and SSI concurrently until 1991 when the couple got married. This caused the applicant to be ineligible for SSI beginning in 1991 based on their combined income.
Disregard the couple’s COLA increases since the applicants SSI terminated.
$1100 (spouse RSDI - including Medicare premiums) + $785 (applicant RSDI - including Medicare premiums) $1885 x 0.409 (use the year 1991 percentage from chart in II. F. below) $771 (round up)
- $20 (disregard)
$751 (under the 2026 SSI couple income limit)
The applicant, but not the spouse, is eligible for Medicaid under the COLA Pass- along because the applicant received SSI. The spouse has never received SSI.
EXAMPLE: (COLA Pass-along couple; both prior SSI) A married couple (Beneficiary1 and Beneficiary2) live together in their home and have total assets of less than $3,000. Both beneficiaries’ SSI have terminated. Beneficiary1 is 39 years old, and SSI terminated on 12/2013. They began receiving $1,130/month in RSDI on 12/2013.
50-year-old Beneficiary2 currently receives $50/month in private pension and began receiving Social Security Disability payments of $946 as of 1/2006. Beneficiary2 SSI terminated on 12/2005.
Beneficiary 1 Beneficiary 2 $1,130 (RSDI) $946 (disability payment) x .715 (use the year 2013 percentage from chart in II. F. below) x .583 (use the 2005 percentage from chart in II. F. below) $808 (round up) $552 (round up) -$20 (disregard) + 50 (private pension) $788 - $20 (disregard) $582
B1 Total Countable Income
$788 B2 Total Countable Income +$582 Married Couple’s Total Countable Income $1,370
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Disregard couple’s total increases since SSI terminated. The total countable income is under the 2026 SSI couple’s income limit. Beneficiary1 and Beneficiary2 are eligible under Cola Pass-along.
Reduction Factors for Calculating Medicaid Eligibility Under the Pickle Amendment During 2026 If the last month in which a person received SSI while, or immediately prior to, receiving RSDI was in any of the periods in the chart below, multiply the present amount of their RSDI by the corresponding factor in the chart below, to obtain the current countable COLA Pass-along income.
Compare the current countable COLA Pass-along income to the SSI Federal Benefit Rate (FBR). If it is below FBR the a/b may be eligible for COLA Pass-along. Refer to MA-2940, Social Security and Cost-of-Living Adjustment (COLA).
Pickle Amendment Chart (2026) (If SSI terminated, Multiply 2026 RSDI income by:)
*OASDI (Old-Age, Survivors, and Disability Insurance) also known as RSDI.
F. Recertifications At subsequent recertifications, determine if the individual still qualifies as Pass-along. Evaluate the income of the beneficiary. If countable income after deducting COLA results in ineligibility for SSI or SA, the individual is no longer eligible as COLA Pass-along. Evaluate under other Pass-along groups and all Medicaid programs.
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III. DISABLED ADULT CHILD (DAC) PASS-ALONG
A. Eligibility Requirements 1. Currently entitled to and receives RSDI benefits as a DAC on a parent’s record due to the retirement, death, or disability of a parent; 2. Has blindness or a disability which began before age 22 (RSDI benefits did not have to begin prior to age 22);
3. Lost SSI or SA due to receipt of or increases in the RSDI benefit; and
4. Would currently be eligible for SSI or SA if you disregard the current RSDI benefit.
5. If DAC Pass-along eligibility is based on former receipt of SA (not SSI), the individual must currently reside in an adult care home.
B. Identify Individuals Who Lost SSI or SA Eligibility Due to Receipt of DAC RSDI Benefits. Applicants/beneficiaries need not claim Pass-along status. Many individuals may not be able to remember when or if they received SSI or SA.
1. Fully investigate Pass-along eligibility in every case where the individual is otherwise over income for Categorically Needy-Medicaid Disabled (CN MAD) because of income from Social Security.
2. Use the following resources to identify individuals who lost SSI or SA eligibility:
a. SDX - The Medicaid Eligibility Code field indicates an eligibility status code of “D” for a Disabled Adult Child.
i. Refer to NC FAST Help job aid, Requesting and Viewing Online Data (OVS) to request SDX information in NC FAST.
ii. SDX will not show SSI terminations prior to 01-01-95. If an SSI termination may have occurred prior to that date, contact SSA. b. SSI Termination/Alert Report and Ex-Parte Review for SSI Termination tasks are available in NC FAST.
i. It is the responsibility of the county to monitor termination of SSI benefits and evaluate individuals for all Medicaid programs.
ii. Refer to MA-1000, SSI Medicaid – Automated Process
iii. Refer to NC FAST Help job aid, SDX Overview, Tasks, and Work Queues.
c. For individuals receiving RSDI DAC benefits who may have lost SSI prior
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to January 1, 1995, verify through the case record or the local Social Security Office.
The Social Security Claim Number suffix is “C” if the a/b receives as a disabled adult child. However, children other than DAC’s can also have a “C” suffix.
d. Individuals in assisted living/ACH who may have been terminated from Special Assistance.
C. Verify DAC Pass-along Eligibility Factors. 1. The date SSI or SA benefits were terminated.
2. The current amount of the a/b’s RSDI disabled adult child benefit.
D. DAC Eligibility If the individual is DAC Pass-along Eligible Disregard all the Current RSDI Income.
E. Determine Countable Income Compare other countable earned and unearned income to the current SSI or SA income limit. (Use the 1/3 reduced income limit if appropriate. Refer to MA-2261 1/3 Reduction).
1. If the countable income does not exceed the current SSI or SA income limit, continue to evaluate as categorically needy and determine eligibility without counting RSDI. The person is eligible under DAC Pass-along.
2. If the countable income is above the current SSI or SA income limit, determine eligibility counting RSDI benefits.
a. DO NOT disregard the RSDI income. This person is ineligible under DAC Pass-along.
b. If ineligible, count the current RSDI income and document in NC Fast.
c. Evaluate for all Pass-along groups and Medicaid programs.
d. The SA level of care the person was in when they lost their SA will determine the maintenance amount for Medicaid pass-along (SA Basic or SCU).
EXAMPLE: (DAC Pass-along) Beneficiary is an adult, living alone at home who receives RSDI benefits on the record of their deceased father based on the beneficiary’s disability, which began before they were age 22.
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This beneficiary currently has no assets. The amount of their RSDI benefit is $1,200. They also receive a private pension of $500 per month and received SSI until the beneficiary’s father died in 1995. Their SSI then stopped because of receipt of RSDI benefits.
$1,200 (beneficiary’s RSDI) + $500 (private pension) $1700 (total gross income) -$1200 (disregard total RSDI) $500 - $20 (disregard) $480 (countable income is under the current SSI limit)
SDX in OVS shows status as “D.” The beneficiary is eligible for CN MAD under the DAC Pass-along
F. Recertifications At subsequent recertifications, determine if the individual still qualifies as Pass-along. Evaluate the income of the beneficiary. If the individual would be ineligible for SSI or SA under current income standards even after deducting the entire current RSDI benefit, the individual is no longer eligible as DAC Pass-along. Evaluate under other Pass-along groups and all Medicaid programs.
IV. EARLY WIDOW(ER)’S PASS-ALONG (INCLUDING SOME SURVIVING, DIVORCED SPOUSES) NOT RECEIVING MEDICARE
A. Eligibility Requirements 1. Lost SSI or SA benefits due to receipt of RSDI benefits;
2. Not yet eligible for Medicare Part A;
3. At least age 50, but not yet attained age 65; and
4. Would currently be eligible for SSI or SA benefits if they were not receiving RSDI benefits.
5. If Pass-along eligibility is based on prior receipt of SA (not SSI), the individual must currently reside in an adult care home.
B. Identify Individuals Potentially Eligible as Early Widow(er)’s Pass-along (Not Receiving Medicare) Applicants/beneficiaries need not claim Pass-along status. Many individuals may not be able to remember when or if they received SSI or SA. Fully investigate Pass-along eligibility in every case where the individual is otherwise over income for CN MAD because of income from Social Security.
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1. Use the following resources to identify individuals who lost SSI or SA eligibility:
a. SDX - The Medicaid Eligibility Code field indicates the eligibility status of “W” for a widow(er).
b. Refer to NC FAST Help job aid, Requesting and Viewing Online Data (OVS) to request SDX information in NC FAST.
c. SDX will not show SSI terminations that occurred prior to 01-01-95. If an SSI termination may have occurred prior to that date, contact SSA. d. SSI Termination/Alert Report and Ex-parte Review for SSI Termination Tasks are available in NC FAST.
(1) It is the responsibility of the county to monitor terminations of SSI benefits and evaluate individuals for all Medicaid programs.
(2) Refer to MA-1000, SSI Medicaid-Automated Process
(3) Refer to NC FAST Help Job Aid, SDX Overview, Tasks, and Work Queues.
e. Verify status by the case record or through the local SSA.
f. Individuals in adult care homes who may have been terminated from Special Assistance.
C. Verify Early Widow(er)’s Pass-along Eligibility Factors. 1. The current amount of the a/b’s RSDI benefit.
2. The a/b’s current ineligibility for Medicare Part A.
D. Early Widow(er)’s Pass-along Eligible If the Individual is determined Early Widow(er)’s Pass-along Eligible, Disregard All the RSDI Income.
E. Determine Countable Income Compare other countable earned and unearned income to the current SSI or SA Income Limit. (Use the 1/3 reduced income limit if appropriate. Refer to MA-2261 1/3 Reduction)
1. If the countable income does not exceed the current SSI or SA income limit, determine eligibility excluding RSDI benefits. This person is eligible under Early Widow(er)’s Pass-along.
2. If the countable income is above the current SSI or SA income limit, the individual is not entitled to Pass-along.
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a. DO NOT disregard the RSDI income. This person is ineligible under Early Widow(er)’s Pass-along.
b. If ineligible, count the current RSDI income and document in NC FAST.
c. Evaluate under other Pass-along groups and all Medicaid programs.
d. The SA level of care the person was in when they lost their SA will determine the maintenance amount for Medicaid pass-along (SA Basic or SCU). EXAMPLE: (Early Widow(er)’s Pass-along) The applicant is 58 years old, lives at home alone and has assets worth less than $2,000.
The applicant receives countable RSDI widow’s benefits of $1280 ($1300 minus $20 disregard) a month in 2024, which is over the Categorically Needy income limit for Medicaid. They also received SSI disability benefits beginning in 2019 until their spouse died in 2022, and the applicant became eligible for widow’s benefits. The individual doesn’t receive Medicare.
Disregarding the applicant’s entire Social Security payment would make them eligible for SSI under current rules.
$1280 (widow(er)’s benefit) -$1280 (disregard total Widow’s benefit) 0
-$20 (disregard) 0 (countable income is under the current SSI limit)
The applicant is eligible for CN MAD under the Widow(er)’s Pass-along.
F. Recertifications At subsequent recertifications, determine if the individual still qualifies as Pass-along. Evaluate the income of the beneficiary. If the individual would be ineligible for SSI or SA after disregarding the RSDI income, the individual is no longer eligible as Early Widow(er)’s Pass-along. Evaluate under other Pass-along groups and all Medicaid programs.
V. DISABLED WIDOW(ER)’S PASS-ALONG (INCLUDING SOME UNMARRIED, DIVORCED SPOUSES) WHO LOST SSI IN 1984 A. Eligibility Requirements 1. Be disabled (or were determined disabled by SSA until age 65).
2. Have received SSI or SA benefits in December 1983 but lost eligibility in January 1984 due to a statutory elimination of an additional benefit reduction factor for
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widow(er)s before age 60 who were entitled to widow(er)s benefits based on disability since January 1984. 3. Would currently be eligible for SSI or SA except for the receipt of RSDI benefits.
4. If Pass-along eligibility is based on former receipt of SA, the individual must currently reside in an adult care home.
B. Identify Individuals Who Lost SSI Eligibility. Applicant/beneficiaries need not claim Pass-along status. Many individuals may not be able to remember when or if they received SSI or SA.
Fully investigate Pass-along eligibility in every case where the individual is otherwise over income for CN MAD because of income from Social Security.
Use the following resources to identify individuals who lost SSI or SA eligibility:
1. The RSDI Claim number suffix will be “D” or “W” if the a/b receives as a disabled widow(er)/surviving divorced spouse.
2. SDX - The Medicaid Eligibility Code field indicates the eligibility status of “W” for a widow(er).
3. SSI Termination/Alert Report is available in NC FAST.
a. It is the responsibility of the county to monitor terminations of SSI benefits and evaluate individuals for all Medicaid programs.
b. Refer to MA-1000, SSI Medicaid-Automated Process
c. Refer to NC FAST Help Job Aid, SDX Overview, Tasks, and Work Queues. 4. For individuals receiving as a Disabled Widow(er) prior to January 1, 1995, verify status by the case record or through SSA.
C. Verify Disabled Widow(er)’s Eligibility Factors. 1. The date SSI benefits were terminated.
2. The current amount of the a/b’s RSDI Disabled Widow benefit.
D. Disabled Widow(er)’s Eligibility If the Individual is determined Disabled Widow(er)’s Pass-along Eligible, Disregard All the RSDI Income.
E. Determine Countable Income
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Compare other countable earned and unearned income to the current SSI or SA income limit. (Use the 1/3 reduced income limit if appropriate.)
1. If the countable income does not exceed the current SSI or SA income limit, determine eligibility excluding RSDI benefits. This person is eligible under Disabled Widow(er)’s Pass-along.
2. If the countable income exceeds the current SSI or SA income limit, the individual is not entitled to Disabled Widow(er)’s Pass-along. a. DO NOT disregard the RSDI income. This person is ineligible under Disabled Widow(er)’s Pass-along.
b. If ineligible, count the current RSDI income and document in NC FAST.
c. Evaluate under other Pass-along groups and all Medicaid programs.
d. The SA level of care the person was in when they lost their SA will determine the maintenance amount for Medicaid pass-along (SA Basic or SCU).
EXAMPLE: (Disabled Widow(er)’s Pass-along) The applicant is a 60-year-old disabled widow who lives at home and has assets worth less than $2,000.
In November 1983, the applicant began receiving SSI benefits. However, in January 1984 they lost those benefits due to a statutory elimination of an additional benefit reduction factor for widow(er)s before age 60 who were entitled to widow(er)s benefits based on disability.
They currently receive countable RSDI widow’s benefits of $1260 ($1280 minus $20 disregard) a month which is over the Categorically Needy income limit for Medicaid. The individual doesn’t receive Medicare. Disregarding the applicant’s entire Social Security payment would make them eligible for SSI under current rules.
$1.280 (widow(er)’s benefit) -$1,280 (disregard total Widow’s benefit)
-$20 (disregard) 0 (countable income is under the current SSI limit)
The applicant is eligible for CN MAD under the Widow(er)’s Pass-along.
F. RECERTIFICATIONS At subsequent recertifications, determine if the individual still qualifies as Pass-along. Evaluate the income of the beneficiary. If the caseworker determines that the a/b is ineligible after evaluating other income, along with any Pass-along, the individual is no longer eligible as Pass-along. If ineligible, count the RSDI income. Evaluate the a/b for all other MAGI and NON-MAGI Medicaid programs.
North Carolina Department of Health and Human Services Division of Medical Assistance Medicaid Eligibility Unit AGED, BLIND, AND DISABLED MEDICAID MANUAL Transmitted by Change No. 15-03
MA-2120
MEDICALLY NEEDY REGULATIONS 12/01/02 MA-2120: MEDICALLY NEEDY REGULATIONS{ XE "MEDICALLY NEEDY REGULATIONS" } 12/01/02
I. INTRODUCTION TO MEDICALLY NEEDY (M)
Medically Needy is a Medicaid classification for aged, blind, or disabled individuals whose countable income and/or resources exceed the categorically needy limits. Medically Needy coverage extends Medicaid to needy aged, blind, and disabled individuals who have too much income/resources to receive SSI, but not enough to pay for medical care. This section defines the requirements to determine eligibility as Medically Needy. Always evaluate aged, blind or disabled individuals who are financially ineligible as Categorically Needy under Medically Needy regulations.
II. POLICY RULES FOR MEDICALLY NEEDY{ XE "MEDICALLY NEEDY POLICY RULES" }
A. Meet the Eligibility Requirements in MA-2000, Non-SSI Eligibility Regulations
B. Medically Needy Income Limits{ XE "Medically Needy Income Limits" }
When an individual/couple’s countable income exceeds the categorically needy income limit, compare his income to the MN income limits. Refer to MA-2260, Financial Eligibility Regulations
C. Resource Limit{ XE "Medically Needy Resource Limit" }
The resource limit for individuals/couples under MN is the same as the Categorically Needy resource limits. Refer to MA-2260, Financial Eligibility Regulations.
D. Reduction of Resources{ XE "Medically Needy, Reduction of Resources" }
The resource limit and countable resources are the same as Categorically Needy. However, for Medically Needy eligibility an individual whose countable resources exceed the resource limit as of the “first moment of the month” can establish eligibility on the day of the month that the value of countable resources is reduced within the allowable limits. Refer to MA-2230, Financial Resources.
E. Deductible{ XE "Deductible" }
Only individuals evaluated as Medically Needy can have a deductible.
1. When the net countable income for an individual/couple exceeds the medically needy income limit, the individual/couple has a deductible.
2. The deductible is met by incurring medical expenses equal to the amount of the excess income. 1
AGED, BLIND, AND DISABLED MEDICAID MANUAL Transmitted by Change No. 15-03
MA-2120
MEDICALLY NEEDY REGULATIONS 12/01/02 (II.E.) 3. The deductible is based on income in a 6 month certification period. An exception is when an individual applies for Medicaid as MN before his SSI Medicaid terminates. In this situation, the deductible is based on income beginning with the month after SSI Medicaid terminates through the end of the 6 month certification period. Refer to MA-1000, SSI Medicaid – Automated Process, for instructions on SSI Medicaid terminations.
See MA-2360, Medicaid Deductible, for rules and procedures to establish deductible and allowable expenses to be applied to the deductible.
F. Classification{ XE "Medically Needy Classification" }{ XE "Classification for Medically Needy" }
The classification in EIS is “M”, or “B”, if the individual is dually eligible.
Refer to the EIS Manual for special Medically Needy codes for aliens.
G. Certification/Authorization{ XE "Medically Needy, Certification/Authorization" }{ XE "Certification/Authorization, Medically Needy" }
The ongoing c.p. for cases evaluated as MN is always 6 months.
1. The 6 month c.p. begins with the month of application.
2. Authorization begins the date all eligibility criteria are met. In cases of excess resources and/or deductible that is the date countable resources are reduced to the resource limit or the date the deductible is met, whichever is later.
Refer to MA-2350, Certification/Authorization, for further instructions.
H. Buy-In{ XE "Medically Needy, Buy-In" }{ XE "Buy-In, Medically Needy" }
For MN cases, the buy-in effective date is the first day of the second month following authorization for Medicaid.
Refer to MA-2410, Buy-In, for procedures. 2
North Carolina Department of Health and Human Services North Carolina Medicaid Division of Health Benefits AGED, BLIND AND DISABLED MEDICAID MANUAL MA-2130
QUALIFIED MEDICARE BENEFICIARIES - Q
1
REVISED 12/03/2018 – CHANGE NO. 06-18
Current Change Notice: 06-18 • The Qualified Medicare Beneficiaries policies have been revised in the online Adult Medicaid Manual in the following sections: MA-2130, Qualified Medicare Beneficiaries – Q
I. QUALIFIED MEDICARE BENEFICIARIES - Q
An applicant/beneficiary (a/b) who is enrolled in Medicare Part A and B, and has income at or less than 100% of poverty is eligible for the state to buy-in payment of the Medicare premiums, deductibles and coinsurance. Buy-in is effective the first day of the month after the month of disposition with “Q” Medicaid classification. No additional benefits are provided under this program. Medicaid card will be issued to beneficiaries authorized for MQB-Q. The beneficiary may meet the eligibility requirements for both MAABD and MQB-Q.
II. MQB-Q ELIGIBLITY REQUIREMENTS
A. Meet all Financial/Non-financial eligibility requirements.
B. Be Enrolled in Medicare Part A and B.
1. Refer to MA-2410, Medicare Enrollment and Buy-In, for an explanation of Medicare enrollment procedures.
2. MQB-Q beneficiary who is already enrolled in Medicare Part B will need to apply for Medicare Part A.
3. Verify Medicare coverage by seeing one of the following:
a. OVS
b. The Medicare card
c. BENDEX (Part B is SMI entitlement and Part A is HIB entitlement)
d. EOB - Explanation of Benefits
e. Note: Inmates of public institutions are not eligible for Medicare.
C. Income
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1. Countable income cannot exceed 100% of the current Federal Poverty Level (FPL). This level is adjusted in April of each year.
2. Refer to MA-2260 Financial Eligibility Requirements-PLA, for current income levels.
D. Resources
Refer to MA-2260 Financial Eligibility Requirements-PLA, for countable resource limits.
III. MQB-Q SPECIAL PROGRAM REQUIREMENTS
A. Limited Coverage 1. Under the MQB-Q program Medicaid pays Medicare Part A and B premiums, deductibles, and coinsurance for charges covered by Medicare. MQB-Q does not pay toward any services which are not covered by Medicare, such as eyeglasses, and dental care.
2. MQB beneficiaries do not qualify for Non-Emergency Medical Transportation.
3. Medicare participating physicians and suppliers are required to file all Medicare claims and to accept Medicare assignment if the Medicare beneficiary is MQB eligible for dates of service.
4. MQB-Q beneficiaries receive a Medicaid card.
B. Dual Eligibility 1. The beneficiary (or couple) may meet the eligibility requirements for both MAABD and MQB-Q. This is known as dual eligibility.
2. The beneficiary must be evaluated for all Medicaid programs.
C. Application Processing Requirement 1. The application processing standard is 45 days.
2. If the applicant is not enrolled in Medicare Part A and B with SSA by the application processing standard or denied entitlement to Medicare, evaluate for all other Medicaid programs.
D. Classification The classification is “Q”, even if dually eligible.
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E. Certification Period 1. The certification period always begins with the month of application.
2. The certification period is 12 months. F. MQB-Q Authorization 1. Always begins the first day of the month after the month of disposition. The date of disposition is the date the DMA-5002/5002s is sent.
2. For recertification, authorization begins the first month of the new certification period if all eligibility criteria are met.
G. Retroactive Coverage 1. The applicant/beneficiary (a/b) can never receive MQB-Q coverage retroactively since benefits can begin no earlier than the month after disposition.
2. If the a/b has a retroactive need for the months prior to the MQB-Q certification period, evaluate for coverage for the retroactive months in another aid program/category.
3. Dual eligibility for MAABD and MQB-Q can never apply to retroactive months.
H. Cost of Living Allowance (COLA) 1. Exclude the monthly amount of the RSDI COLA from countable income in determining eligibility for January, February, and March of each year. Use the prior December amount to determine eligibility for January through March. Effective April 1 begin counting the increased monthly RSDI benefit that was effective in January.
2. When the COLA increase is greater than the Federal Poverty Level, some Medicaid beneficiaries may lose eligibility or move to deductible status. In this situation, the most recent COLA must be disregarded in determining continued eligibility. If the beneficiary remains eligible when the SSA COLA is disregarded, the disregard continues until the beneficiary loses Medicaid eligibility or becomes eligible without the disregard.
I. Recertification 1. Apply the ex-parte process prior to the end of the certification period.
2. Verify the following eligibility factors at every recertification:
a. Medicare Entitlement
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b. Living Arrangement
c. Reserve
d. Income
North Carolina Department of Health and Human Services North Carolina Medicaid Division of Health Benefits AGED, BLIND AND DISABLED MEDICAID MANUAL MA-2140
QUALIFIED MEDICARE BENEFICIARIES - B
1
REVISED 12/03/2018 – CHANGE NO. 06-18
Current Change Notice: 06-18 • The Qualified Medicare Beneficiaries policies have been revised in the online Adult Medicaid Manual in the following section: MA-2140, Qualified Medicare Beneficiaries - B
I. QUALIFIED MEDICARE BENEFICIARIES - B
An applicant who is enrolled in Medicare Part A, and has income greater than100% and equal to or less than 120% of poverty is eligible for the state to buy-in payment of the Medicare Part B premium. Buy-in is effective the month of authorization with “B” Medicaid classification. No additional benefits are provided under this program. No Medicaid card will be issued to beneficiaries authorized for MQB-B. The beneficiary may meet the eligibility requirements for both MAABD and MQB-B.
II. MQB-B ELIGIBILITY REQUIREMENTS
A. Meet all Financial/Non-financial eligibility requirements.
B. Medicare
Enrolled in Medicare Part A and has an RSDI claim number or Railroad Retirement number. Verify Medicare coverage by checking one of the following:
1. OVS
2. For Railroad Retirement benefit verification, contact the Railroad Retirement Board at 1-800-808-0772, or online at https://www.rrb.gov and select “Benefit Online Services.”
3. The Medicare Card
4. Bendex (Part B is SMI entitlement and Part A is HIB entitlement)
5. Medicare EOB (Explanation of Benefits)
6. Inmates of public institutions are not eligible for Medicare.
C. Ineligible for MQB-Q
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Meets all MQB-Q financial eligibility criteria, except that; income exceeds 100% federal poverty limit (FPL).
D. Income
1. Must have countable monthly income greater than 100% and not to exceed 120% of the federal poverty limit.
2. Refer to MA-2260, Financial Eligibility Requirements-PLA, for current MQB-B income levels.
3. Refer to MA-2260.V, MQB Family Size Budgeting, if the income exceeds 120% of the federal poverty limit.
E. Resources
Refer to MA-2260, Financial Eligibility Requirements-PLA, for current resource levels.
III MQB-B SPECIAL PROGRAM REQUIREMENTS
A. Limited Coverage
1. MQB-B pays only the Medicare Part B premium.
2. MQB-B beneficiaries do not receive a Medicaid card.
3. MQB-B beneficiaries do not qualify for Non-Emergency Medical Transportation.
B. Dual Eligibility
1. A beneficiary may be dually eligible for MAABD and MQB-B. 2. A beneficiary must be evaluated for all other Medicaid programs for which they may be qualify. C. Processing Requirements
1. The application processing time standard is 45 days.
2. If the applicant will not be enrolled and covered by Medicare Part A and Part B by the application processing standard, deny the MQB-B application according to procedures in MA-2300, Application.
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a. An applicant who is eligible for premium-free Part A, but does not enroll during his enrollment period, can enroll only during the months of January through March of each year.
b. Medicare Part A coverage is effective July 1st of the enrollment year.
2. If the applicant will be covered by Medicare Part A and Part B prior to the processing deadline, the case may be authorized effective with the month of Part A coverage.
D. Disposition
If the applicant is eligible, approve MQB-B. Use the DMA-5002 or the DMA-5002S, to notify the applicant/beneficiary (a/b).
E. Classification
The classification is “B”, even if dually eligible. F. Certification Period
1. The certification period begins with the month of application.
2. The certification period is 12 months.
G. Authorization
Authorize effective the month of application if all eligibility criteria are met.
For recertification, authorization begins the first month of the new certification period if all eligibility criteria are met.
H. Retroactive Period
Unlike MQB-Q coverage, coverage for Medicare Part B only (MQB-B) can be authorized retroactively for three months prior to the month of application. Always provide retroactive MQB-B coverage if the applicant meets eligibility criteria and is not already covered under MAABD.
Medical need is not an issue for MQB-B retroactive coverage. It is a requirement for MAABD.
I. Cost of Living Allowance (COLA)
1. Exclude the monthly amount of the RSDI COLA from countable income in determining eligibility for January, February, and March of each year. Use the prior December amount to determine eligibility for January through
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March. Effective April 1st begin counting the increased RSDI benefit that was effective in January.
2. When the COLA increase is greater than the Federal Poverty Level, some Medicaid beneficiaries may lose eligibility or move to deductible status. In this situation, the most recent COLA must be disregarded in determining continued eligibility. If the individual remains eligible when the SSA COLA is disregarded, the disregard continues until the beneficiary loses Medicaid eligibility or becomes eligible without the disregard.
J. Recertification
1. Apply the ex-parte process prior to the end of the certification period.
2. Verify the following eligibility factors at every recertification:
a. Medicare entitlement a. Living Arrangement b. Reserve c. Income
North Carolina Department of Health and Human Services Division of Medical Assistance Medicaid Eligibility Unit AGED, BLIND, AND DISABLED MEDICAID MANUAL Transmitted by Change No. 12-05
MA-2150
AGED, BLIND AND DISABLED- MEDICAID WORKING DISABLED 02/01/05
MA-2150: MEDICAID-WORKING DISABLED 02/01/05
I INTRODUCTION TO M-WD
An eligible Qualified Disabled Working Individual (M-WD, Working Disabled) is eligible for Medicaid payment of Medicare Part A premiums after automatic entitlement to free Part A ends. This is the only Medicaid benefit to which he is entitled.
UNLESS OTHERWISE NOTED BELOW, THE SAME REQUIREMENTS AND PROCEDURES APPLY TO M-WD AND MQB-Q.
II. MWD ELIGIBILITY REQUIREMENTS
To be eligible to receive this coverage, an individual must:
A. Be under age 65.
B. Have countable monthly income under 200% of the Federal Poverty Level (FPL).
Refer to MA-2260, Financial Eligibility Requirements/PLA, for current income levels.
C. Continue to have the disabling physical or mental impairment that he had when he was determined disabled or blind by the Social Security Administration (SSA).
D. Have lost entitlement to premium free Medicare Part A solely due to earnings in excess of the Substantial Gainful Activity threshold as determined by SSA.
NOTE: This is a standard set by SSA. SSA will make this determination.
E. Not be otherwise entitled to premium free Medicare Part A.
F. Furnish his Medicare claim number.
G. Not be otherwise eligible for Medicaid.
III. M-WD SPECIAL REQUIREMENTS
A. Limited Coverage
M-WD covers the Medicare A premium (hospital insurance) only. If the individual wants Part B (medical insurance), he must pay for it.
B. Application Processing Requirements
1. Obtain applicant’s signature on the DSS-8124 or the DMA-5008. Complete the DMA-5008. Do not enter a DSS-8124 into EIS.
2. The time standard for M-WD application is 45 days. Manually track and follow processing requirements in MA-2300 through MA-2304.
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AGED, BLIND, AND DISABLED MEDICAID MANUAL Transmitted by Change No. 12-05
MA-2150
AGED, BLIND AND DISABLED-MEDICAID WORKING DISABLED 02/01/05 (III.) C. Disabled Working Status
SSA must verify Disabled Working status.
D. Disposition
NOTE: M-WD cases will not be entered into EIS. Once the county dss determines eligibility each case will be manually processed at DMA.
1. If the a/r is eligible, approve M-WD and send a DSS-8108. On the DSS-8108 write “You meet the N.C. eligibility requirements for M-WD and are eligible to have the State pay your Medicare Part A premiums.”
2. Once eligibility has been established, send a cover letter within 5 work days to DMA providing the following information on the individual:
a. Full name
b. Medicare number
c. Date of birth
d. Sex
e. Medicare Part A Premium enrollment date
f. SSA Disabled Working status notification letter
3. Send to:
Attn: Supervisor Claims Analysis Unit Division of Medical Assistance 2501 Mail Service Center #19 Raleigh, N.C. 27699-2501
E. Retroactive Coverage
If the individual meets the eligibility criteria prior to the month of application, he may be eligible for retroactive coverage for up to 3 prior months provided he has enrolled timely at SSA.
F. Reviews
1. Since this program is not in EIS, the county dss must initiate a review notice and send the appointment letter prior to expiration of the certification period.
2. Send DMA a copy of the notice if ongoing eligibility continues.
G. Termination
If the recipient becomes ineligible, terminate the case and notify DMA.
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North Carolina Department of Health and Human Services North Carolina Medicaid Division of Health Benefits AGED, BLIND AND DISABLED MEDICAID MANUAL MA-2160
QUALIFIED INDIVIDUAL 1 (MQB-E)
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REVISED 12/03/2018 – CHANGE NO. 06-18
Current Change Notice: 06-18 • The Qualified Medicare Beneficiaries policies have been revised in the online Adult Medicaid Manual in the following sections: MA-2160, Qualified Individual 1 (MQB-E)
I. INTRODUCTION TO QUALIFYING INDIVIDUALS
Qualifying Individuals (QI1s/MQB-E) are beneficiaries who would be eligible for MQB- B except that their income is between 120 - 135% of the federal poverty limit. QI1s are also referred to as MQB-E.
Although eligibility regulations and benefits for QI1/MQB-E are the same as for MQB-B, the law mandates differences from the current MQB-B:
A. It is a capped entitlement. Funding is based on a fixed allocation at 100% Federal Financial Participation (FFP) through December of the current calendar year.
B. Approval is based on a first-come, first-served basis. When the number of QI1/MQB-E cases reach the capped allotment, Division of Health Benefits (DHB) will provide state wide notice to no longer approve applications for QI1/MQB-E.
C. There is no six month or 12 month certification period. Depending on the date the QI1/MQB-E application is taken, the certification period ends on December 31 of the current calendar year or December 31 of the next calendar year.
D. QI1/MQB-Es cannot be otherwise eligible or dually eligible for other Medicaid program.
II. QUALIFYING INDIVIDUALS POLICY FUNDAMENTALS
A. Eligibility
Except as noted below, the eligibility requirements and methodology for QI1/MQB- Es are the same as for MQB-B.
Inmates of public institutions are not eligible for Medicare
B. Income
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Must have countable monthly income between 120% and 135% of the federal poverty limit.
Refer to MA-2260, Financial Eligibility Requirements/PLA, for current QI1/MQB-E income levels.
C. Medicaid Program Classification
The Medicaid program classification code is MQB-E. D. Coverage Coverage for QI1/MQB-E is the same as for MQB-B. The only benefit is payment of the Part B Medicare premium. No Medicaid card is issued.
E. Retroactive Coverage
Like MQB-B, QI1/MQB-Es can be authorized for retroactive coverage for up to 3 months prior to the month of application. However, coverage can never be authorized for a period prior to January of the current year.
F. No Dual Eligibility
Unlike MQB-Q and MQB-B, a QI1/MQB-E cannot be dually or otherwise eligible for Medicaid. This means an:
1. Applicant/beneficiary (a/b) authorized for Medicaid in any other program (MAABD, SAAD, MAF, etc.) is not eligible for QI1/MQB-E, and
2. A/b whose application is pending to meet a deductible is not eligible for QI1/MQB-E, and
3. Ongoing beneficiary placed in deductible status is not eligible for QI1/MQB-E unless the a/b elects to change coverage solely to QI1/MQB-E.
G. Processing Requirements
1. The application processing standard is 45 days.
2. QI1/MQB-E is subject to monitoring. Refer to MA-2305, Evaluating County/DDS Performance.
H. Ongoing Certification Period
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1. QI1/MQB-Es do not have a standard six or 12 month certification period (C.P.). The ongoing C.P. begins with the month of application for QI1/MQB- E.
2. If a QI1/MQB-E a/b subsequently becomes eligible under MAABD (or other Medicaid program), the C.P. is not based on the ongoing QI1/MQB-E C.P. The C.P. begins with the month the a/b requests assistance under the new Medicaid program.
I. Recertification
Eligibility is re-evaluated for each calendar year. Refer to IV., below for recertification procedures.
III. PROCEDURES
A. Application
1. Refer to MA-2300, Application. If an a/b/couple’s income is in the QI1/MQB-E range, compute the estimated deductible for the ongoing and retro period.
2. Evaluate whether the applicant is likely to meet their deductible based on unpaid old bills, ongoing monthly expenses, and anticipated new medical expenses. Do a separate evaluation for the ongoing and retro period and document this evaluation.
3. Explain to the applicant that they must choose between applying for QI1/MQB-E and only receiving payment of their Part B premium or applying for MAABD and pending to meet a deductible for either the retro and ongoing period. Be sure the applicant understands the benefits and effective dates for both programs.
4. Document in the case the explanation and choice of program. If the applicant applies for QI1/MQB-E, a DMA-5095, Medicaid/WF Notice of Inquiry, is not required.
B. Application Disposition
1. Refer to MA-2300, Application to disposition the QI1/MQB-E case.
2. QI1/MQB-E applications dated before November of each year and not approved until on or after November, the C.P. end on 12/31 of the current year.
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3. QI1/MQB-E applications dated after November 1st or later, the C.P. end on 12/31 of the next year.
3. DHB monitors the number of approvals and will notify counties when the federal funds for QI1/MQB-E will be exhausted for the current year. At that time DHB will issue instructions to dispose any pending QI1/MQB-E applications.
C. Change in Situation/Program Transfers
1. Pending QI1/MQB-E Application
If you learn a QI1/MQB-E applicant has a change in situation and is eligible for MAABD (or under another Medicaid program):
a. Disposition the QI1/MQB-E application:
(1) Approve the case if the a/b was eligible for QI1/MQB-E during any of the retro or ongoing period not covered by full Medicaid, or (2) Process an administrative application if the a/b is eligible for full Medicaid for the entire period covered by the QI1/MQB-E application.
b. If the a/b is not in the agency, the application may be unsigned. However, the new application is subject to all application processing requirements.
c. The date of application is the date the application is signed or the date the applicant (representative, nursing facility, hospital, etc.) requested assistance.
d. If otherwise eligible, the MAABD 6 month ongoing C.P. or 3 month retro C.P. is based on the MAABD date of application, not the QI1/MQB-E date of application. e. If you learn a pending QI1/MQB-E application should be a MQB-Q or
MQB-B application due to the income or a pending MQB-Q or MQB-B
should be a QI1/MQB-E application, process an administrative denial
application. Evaluate for all other Medicaid programs. Do not change the
date of application.
2. Pending MAABD application
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When an a/b with income in the QI1/MQB-E range who chose to pend to meet a deductible changes their mind and requests QI1/MQB-E:
a. Process an administrative application, to deny the MAABD application.
b. Evaluate for all other Medicaid programs. This is a QI1/MQB-E application. This application may be unsigned if the a/b is not in the agency.
c. The date of application is the date the application is signed or the date the a/b requests assistance.
d. If otherwise eligible, the QI1/MQB-E certification period is based on the QI1/MQB-E month of application. However, regardless of the QI1/MQB- E date of application, QI1/MQB-E authorization can never begin earlier than the calendar month the MAABD application is denied.
3. Denied MAABD application
When an application is denied for failure to meet the deductible and the individual has income in the QI1/MQB-E range, take the following actions:
a. Evaluate the a/b is still eligible for QI1/MQB-E.
b. If so, follow instructions in 1., above.
c. If the a/b is otherwise eligible and the federal funds have not been exhausted, begin QI1/MQB-E coverage the calendar month the MAABD application is denied.
4. Ongoing QI1/MQB-E beneficiary becomes eligible for full Medicaid
When a QI1/MQB-E beneficiary has a change, which makes them eligible for full Medicaid take the following actions:
a. Evaluate for other Medicaid programs.
b. Review the case to see what the beneficiaries reserve was when it was approved for QI1/MQB-E. If it was below $2,000/3,000 and there is no change in situation affecting reserve, no further verification is required until the next review. If the reserve was greater than $2,000/3,000, verify reserve in the same manner that is done at recertification.
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c. If the beneficiary requests retro Medicaid only, process the application. This is an administrative application. The date of application is the date the application is signed or the date the a/b requests assistance. If otherwise eligible, approve case. This will allow the QI1/MQB-E to continue for the remainder of the QI1/MQB-E certification period.
d. If the beneficiary requests retro and ongoing full Medicaid or ongoing Medicaid only, an application is not necessary. This is an administrative application.
e. The MAABD retro C.P. is the 3 calendar months prior to the month the a/b requests assistance. The 6-month or 12-month ongoing certification period begins the month the A/B requests assistance. The MAABD C.P. is not tied to the original QI1/MQB-E date of application.
f. If the QI1/MQB-E beneficiary is ineligible for full Medicaid, document the request and the reason the Medicaid program was not changed.
5. MAABD, MQB-Q, MQB-B, SAAD beneficiary loses eligibility.
When a beneficiary is terminated from a Medicaid program and their income is in the QI1/MQB-E range, take the following action: a. Review the case. b. If the a/b is otherwise eligible and the federal funds have not been exhausted, the beneficiary is not required to make an application. Process an administrative application.
c. QI1/MQB-E coverage cannot begin until the month following the month full Medicaid terminates.
d. The end date depends on the QI1/MQB-E date of application. If the QI1/MQB-E date of application is January 1 through October 31, the end date is 12/31 of the current calendar year. If the QI1/MQB-E date of application is 11/01 or later, the end date is 12/31 of the next calendar year.
IV. RECERTIFICATION
A. Ex-parte process 1. Complete an ex-parte and evaluate for all other Medicaid programs by the 2nd to last business day of December.
2. The caseworker is required to:
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a. Conduct all electronic matches, including OVS b. Check other available records c. Contact beneficiary only if continuing eligibility cannot be determined by available information
d. Issue a DMA-5097, Request for Information, allowing the beneficiary 12 calendar days to return the information.
B. Cost of living Allowance (COLA) 1. Always use the December Social Security benefit to determine eligibility under MQB-E. The RSDI COLA is excluded from countable income for January, February, and March of each year.
2. When the COLA increase is greater than the Federal Poverty Level, some Medicaid beneficiaries may lose eligibility or move to deductible status. In this situation, the most recent COLA must be disregarded in determining continued eligibility. If the beneficiary remains eligible when the SSA COLA is disregarded, the disregard continues until the beneficiary loses Medicaid eligibility or becomes eligible without the disregard.
C. MQB-E certification period is January through December of the next calendar year.
D. Information Not Received If the information needed is not retuned, send a timely notice to terminate the case. E. If the information necessary to determine eligibility is received after the case has been terminated, process an application.
1. Do not require the beneficiary to complete and sign a new application. 2. Enter a reapplication in NC FAST. Application processing standards apply. 3. The date of application is the date the necessary information was received.
North Carolina Department of Health and Human Services North Carolina Medicaid Division of Health Benefits AGED, BLIND AND DISBALED MEDICAID MANUAL MA-2170 FAMILY PLANNING PROGRAM 1 REVISED 11/3/2021 – CHANGE NO. 10-21 I. Introduction The Medicaid Family Planning Program (FPP) establishes a system by which individuals, regardless of age, gender, or disability status, more easily access family planning and family planning related services to prevent/reduce unplanned pregnancies. FPP also includes Non-Emergency Medical Transportation (NEMT) for FPP services only.
A. Eligibility Requirements
1. No age restrictions
2. Not Pregnant
3. Have income at or below 195% of the FPL 4. Meet all financial and non-financial eligibility requirements
B. Determine Eligibility
Determine Family Planning Program (FPP) eligibility when all verifications necessary to determine FPP have been received and authorize if otherwise eligible the first day of the application month.
Do NOT delay processing the FPP application while pending verifications for other Non-MAGI applications. This includes but is not limited to:
1. Pending disability determination, 2. Pending medical bills to meet a deductible or 3. Reserve reduction/verification for applicable programs.
Apply MAGI budgeting methodologies to individuals in the Family Planning Program.
C. Certification Period
The certification period is 12 months for an ongoing case. The certification period can be adjusted to match the family’s other Medicaid cases.
D. Retroactive Eligibility
2 Retroactive eligibility can be determined for 1, 2 or 3 months prior to the application. If the individual applies for retro coverage and they are determined to be categorically eligible for any program including FPP, authorize the case. The worker is not required to verify need unless the individual would have to meet a deductible in the retro period.
E. Redetermination
Using the ex parte process, evaluate for all other Medicaid programs prior to authorizing continued Family Planning Program.
F. Change in Circumstance
Changes include, but are not limited to, changes in:
1. income,
2. household,
3. disability status or
4. ability to meet a deductible.
When a change in circumstance is reported, evaluate for all Medicaid programs. Determine eligibility within 30 days. Refer to MA-3306 MAGI Income, MA-2250 Income, MA-2525 Disability, to determine appropriate action.
North Carolina Department of Health and Human Services North Carolina Medicaid Division of Health Benefits AGED, BLIND AND DISABLED MEDICAID MANUAL MA-2180
HEALTH COVERAGE FOR WORKERS WITH DISABILITIES
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REVISED 4/30/26 – CHANGE NOTICE 05-26 I. Introduction to Health Coverage for Workers with Disabilities
The federal Ticket to Work and Work Incentives Improvement Act (TWWIIA) of 1999 offers states the option to protect Medicaid coverage for workers with disabilities. People with disabilities are often discouraged from working for fear that their earnings would make them ineligible for Medicaid. TWWIIA offers state Medicaid programs options to expand Medicaid eligibility criteria for workers with disabilities.
II. Background
North Carolina is authorized to provide Medicaid for disabled/blind workers under the Health Coverage for Workers with Disabilities Act (G.S. 108A-54.1). Health Coverage for Workers with Disabilities (HCWD) provides an incentive for people with disabilities to go to work or to increase their hours of work while protecting their Medicaid eligibility.
HCWD covers blind or disabled workers age 16 through 64 regardless of total countable income or CAP status. However, there is a limit on unearned income of 150% of the federal poverty level. The resource limit is the minimum community spouse resource allowance. Refer to MA-2231, Community Spouse Resource Protection policy. HCWD beneficiaries are entitled to full Medicaid coverage under Medicaid for the Blind or Visually Impaired (MAB) or Medicaid Disabled (MAD). Beneficiaries aged 16 through 20 are also entitled to additional services provided under Early and Periodic Screening, Diagnostic, and Treatment (EPSDT). Refer to MA-2905, Medicaid Covered Services policy. HCWD consists of two groups, the Basic Coverage Group and the Medically Improved Coverage Group.
III. COVERAGE GROUPS
A. Basic Coverage Group The Basic Coverage Group consists of beneficiaries aged 16 through 64 who, except for engaging in substantial gainful activity, would meet the Social Security/ Supplemental Security Income (SSI) disability criteria, or who do not engage in substantial gainful activity but are over income and/or reserve for regular MAD. Refer to MA-2525, Disability policy.
B. Medically Improved Coverage Group
1. The Medically Improved Group consists of beneficiaries aged 16 Docusign Envelope ID: B8C63DC7-7367-4210-853E-B7B004802EE4
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through 64 who previously received HCWD in the Basic Coverage Group but lost eligibility in this group because their medical conditions improved to the point where they no longer meet the Social Security/SSI definition of disability.
2. Although no longer considered disabled by Social Security due to medical improvement, the individual must continue to have a severe medically determinable impairment.
3. Eligibility in the Basic Group for any period of time qualifies an individual for eligibility in the Medically Improved Group if they meet all other eligibility requirements.
4. Eligibility in the Medically Improved Group can begin no earlier than the month after coverage ends in the Basic Group.
IV. ELIGIBILITY REQUIREMENTS
A. Generally
To be eligible to receive HCWD, a beneficiary must:
1. Be at least 16 years of age, but less than 65 years of age.
2. Meet the Social Security Administration (SSA) definition of disability except for earnings or being eligible under the Medically Improved Group.
3. Be employed. 4. Have countable resources equal to or less the minimum community spouse resource allowance. Refer to MA-2231, Community Spouse Resource Protection policy, whether budgeted as an HCWD individual or HCWD couple. 5. Meet the income requirements for their coverage group.
B. Meet all the other eligibility requirements applicable to Adult Medicaid coverage groups. Refer to MA-2000, Non-SSI Eligibility Regulations policy.
C. Disability To be eligible in the Basic Coverage Group, the applicant/beneficiary (a/b) must meet the Social Security/SSI definition of disability other than the requirement that the a/b not be engaged in a substantial gainful activity. Disability can be proven by 1, 2 or 3 below.
Docusign Envelope ID: B8C63DC7-7367-4210-853E-B7B004802EE4
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1. Receipt of Social Security Disability or SSI.
2. A determination by Disability Determination Services (DDS).
a. If an HCWD applicant is not receiving Retirement, Survivors, and Disability Insurance (RSDI)/SSI and has not been determined disabled by DDS or a Hearing Officer, he must be referred to DDS for a determination to ensure that he meets the definition of disability. Use the DDS referral form, DHB-4037, Disability Determination Transmittal. Refer to MA-2525, Disability policy, for instructions.
(1) Refer the applicant to the local SSA office to apply for RSDI and suggest that the applicant also apply for SSI. (2) If the applicant is found to be disabled by DDS but is later denied SSI/RSDI, the DDS disability approval remains valid for HCWD eligibility purposes. Do not terminate an HCWD recipient for having been denied SSI/RSDI.
(3) If prior to receiving a disability determination from DDS the local county determines that the applicant is ineligible for MAD or HCWD, immediately contact DDS and tell them of this determination and that a disability determination is no longer necessary. Denying the application which updates the DDS data screen is not sufficient. Refer to MA-2525 Disability policy for DDS contact numbers.
b. If an HCWD applicant is not receiving RSDI/SSI but was previously determined to be disabled by SSA, DDS or a Hearing Officer, they still may be considered disabled for HCWD purposes. The case manager must consider the reason for the termination as well as the length of time between termination of RSDI or SSI benefits, the DDS decision, or the Hearing Officer’s decision and application for HCWD.
(1) If the termination of RSDI or SSI benefits, or the DDS decision or the Hearing Officer’s decision occurred 12 months or less prior to the date of application and the termination was for non-medical reasons, a DDS determination of disability is not necessary.
Example: The month of application for HCWD is November 2024. SSI was terminated for non-medical reasons in November 2025. This is 12 months prior to the month of application and therefore the requirement is met (November 1, 2024 – October 31, 2025).
Docusign Envelope ID: B8C63DC7-7367-4210-853E-B7B004802EE4
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(2) If the termination of RSDI or SSI benefits occurred more than 12 months prior to the date of application or the termination was for medical reasons, a DDS determination of disability is required.
3. A determination of blindness by Division of Services for the Blind (DSB).
A HCWD applicant who alleges blindness and does not receive RSDI due to blindness must have their blindness determined by DSB unless a previous determination of blindness has been made. Follow procedures in MA-2531, Blindness M-AB policy for submitting materials to DSB if a determination is needed.
D. Medically Improved Cases
1. MAD Cases
a. If DDS determines during a Continuing Disability Review that an HCWD beneficiary in the Basic Group is no longer disabled, and still working, assume that the beneficiary is Medically Improved until the next recertification. b. At recertification do not refer a beneficiary in the Medically Improved Group to DDS for a determination of whether they still meet Medically Improved Criteria. To determine if the beneficiary continues to meet the Medically Improved eligibility criteria, contact the beneficiary’s treating physician using the DHB-5151, Health Coverage for Workers with Disabilities (HCWD) Medical Release Authorization and a DHB-5028, Authorization to Disclose Information forms asking the following three questions:
(1) Does the patient still has the underlying condition or conditions which made them disabled?
(2) Is the patient still under treatment for the condition or conditions which made them disabled?
(3) Is there a strong likelihood that the patient would again be disabled if they were to cease this treatment?
If the answers to all three questions are yes, the beneficiary continues to meet the Medically Improved criteria. Be sure to upload the document into NC FAST system.
If the answer to one or more of the questions is no, the beneficiary no longer meets the Medically Improved criteria. Evaluate eligibility in all other programs including the HCWD Basic Coverage Group. Docusign Envelope ID: B8C63DC7-7367-4210-853E-B7B004802EE4
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If the beneficiary would only be eligible as MAD/MAB/HCWD, a referral to DDS is required. Use the DDS referral form, DHB-4037 form for HCWD referrals.
2. MAB Cases When the local agency discovers that the beneficiary is no longer considered blind, refer to instructions in C.1. above.
E. Employment
1. Basic Coverage Group
Employment means being engaged in a substantial and reasonable work effort which is defined as the following:
a. Working in a competitive and inclusive work setting for a wage or salary, or being self-employed,
(1) Competitive means that the job was held open to the general public.
For example, a handyman who is hired by a neighbor to do a chore is not engaged in competitive employment. They may be self-employed if they meet that criteria.
(2) Inclusive means that the job is not in a sheltered workshop setting. Generally, those who work as staff in a sheltered workshop are not working in a “sheltered workshop setting.” Evaluate the beneficiary’s responsibilities to determine if their position is “sheltered.”
(3) Self-Employed has the same meaning as it is defined in MA- 2250, Income policy.
b. Being able to provide proof of payment of payroll taxes through FICA, or the equivalent.
For example, self-employed individuals who have not filed tax forms may submit alternative proof such as a business ledger, or similar documentation that shows that the business is operational.
2. Medically Improved Coverage Group
a. Employment
For a beneficiary to be considered “employed” for purposes of Medically Improved Group eligibility they must meet the Docusign Envelope ID: B8C63DC7-7367-4210-853E-B7B004802EE4
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requirements:
(4) Have gross earnings at least equivalent to those of an individual who is working 40 hours per month at minimum wage.
or
(5) Be actively engaged in a self-employment activity and have earnings after operational expenses at least equivalent to those of an individual who is working 40 hours per month at minimum wage.
b. Voluntary Loss of Employment
If a beneficiary in the Medically Improved Group voluntarily stops their employment, evaluate for eligibility in all other programs. If MAD is the only program in which they may be eligible, a disability determination by DDS is necessary. See section VII below for involuntary loss of employment.
F. Income
HCWD has varying income limits that determine eligibility and/or cost sharing. These limits are:
• Those who have unearned incomes greater than 150% of Federal Poverty Level (FPL) are not eligible for HCWD. • Those whose total countable income is equal to or less than 150% of FPL have no cost sharing (other than applicable co-payments).
• Those whose total countable income is greater than 150% of FPL must pay a $50 annual enrollment fee.
• Those whose total countable monthly income exceeds 200% of FPL must pay a monthly premium in addition to the enrollment fee. The monthly premium increases as income increases until countable income exceeds 450% of FPL, at which point the applicant/ beneficiary (a/b) must pay a full premium. The countable income determines whether the a/b is subject to cost-sharing and the amount thereof, countable income must be determined and all applicable exclusions applied.
Refer to MA-2252, Non- MAGI Medicaid Income/Reserve Limits chart.
Note: The a/b is to have work expense exclusions for the blind and impairment-related work expense exclusions for the disabled. Docusign Envelope ID: B8C63DC7-7367-4210-853E-B7B004802EE4
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G. Financial Responsibility
Apply financial responsibility and budgeting rules in MA-2260, Financial Eligibility Regulations – PLA policy.
V. ENROLLMENT FEE AND PREMIUM PROCEDURES
A. Enrollment Fee
All individuals with total monthly countable income above 150% of the federal poverty level must pay a $50 enrollment fee for each twelve-month certification period. The enrollment fee is collected by the county and retained to offset administrative expenses. Do not charge an enrollment fee for the retroactive month(s) when an a/b receives retroactive coverage. If a premium is due the local agency must mail the enrollment fee notice with the premium invoice.
Note: Members of federally recognized Native American tribes and Alaska natives are exempt from cost sharing, including enrollment fees and premiums.
1. Determine if an Enrollment Fee is due
a. Calculate the amount of total countable net income for the individual.
b. If this amount exceeds 150% of FPL, an enrollment fee is due. Those in this income range must have unearned income at or below 150% of FPL.
2. Notification of Enrollment Fee
Upon determination that an a/b is eligible for HCWD and that his income exceeds 150% of FPL, notify the applicant in writing that an enrollment fee of $50 is due. Refer to the DHB-5149, HCWD Enrollment Fee Notice form.
a. Give the a/b at least 12 calendar days to pay the fee.
b. If 12 calendar days exceeds the 45/90-day processing standard, pend until you receive notice of payment, or until the first workday after the due date for payment.
Allow for the exclusion of days when necessary verifications are received and the only remaining item necessary to process the application is the enrollment fee (and premium when applicable). The exclusion of days begins on the day of the request for the fee and ends on the day the fee is received or on the 13th calendar day, whichever occurs first. Use HCWD code for this purpose. Refer to MA-2300, Application policy. Docusign Envelope ID: B8C63DC7-7367-4210-853E-B7B004802EE4
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c. Inform the office or individual responsible for collecting the fee of the date by which the fee must be paid and the date when the caseworker must be informed of payment or nonpayment.
3. Payment/Collection/Notification
a. Each local agency is responsible for establishing procedures for collection of enrollment fees.
(1) Determine which methods of payment (i.e. cash, money order, certified check) are acceptable. Do not accept a non-certified check in payment.
(2) Partial payment is not allowed. The entire fee must be paid prior to approval of the application.
b. Determine what office and/or person(s) are responsible for collection of enrollment fees for HCWD. This decision must be communicated in writing to all eligibility staff responsible for HCWD determinations.
c. Establish procedures for communication between the caseworker and the fee collector for:
(1) Identification of case/individuals who must pay an enrollment fee, and
(2) The amount of the fee due, and
(3) The date by which the fee must be paid, and
(4) The time frame and method for notification to the caseworker that the fee has been paid, or
(5) Notification that the a/b refused to pay or failed to pay the fee by the date due.
d. The enrollment fee may be paid with funds provided by individuals or organizations other than the applicant, including county funds.
4. Decision Following Payment or Non-Payment
a. Upon receipt of notification from the fee collector that the enrollment fee has been paid, authorize eligibility.
b. Upon receipt of notification from the fee collector that the a/b refused to pay the fee or failed to pay the fee, deny the application. If it is a recertification, terminated after timely notice. Refer to MA-2420, Docusign Envelope ID: B8C63DC7-7367-4210-853E-B7B004802EE4
9
Notice and Hearings Process policy for notices.
b. If no communication has been received from the fee collector on the first workday following the date on which the fee was due, contact the collection office/individual to verify payment status. If payment has not been made, document the contact and deny the application for non- payment of the fee. If it is a recertification, terminate after timely notice.
Note: If the recertification is late, provide coverage without enrollment fee payment until timely notice is effective.
5. Individuals Currently Receiving in Other Programs
Other than at application or recertification, an enrollment fee is not due.
B. Premiums
Applicants/beneficiaries with countable income above 200% of FPL must pay a monthly premium in addition to an enrollment fee of $50 per year. The premiums increase with income range until income exceeds 450% of FPL, at which point a 100% premium is due.
The 100% premium is based upon the average claims paid for an a/b receiving Medicaid and may change yearly.
Federal Poverty Level Income Range - HCWD Individual Monthly Premium Income Range - HCWD Couple Monthly Premium 0-150% $0 - 1,995 0 $0 – 2,705 0 151-200% $1,995.01 - 2,660 0 $2,705.01 - 3,607 0 201-250% $2,660.01 - 3,325 196 $3,607.01 - 4,509 265 251-300% $3,325.01 - 3,990 235 $4,509.01 – 5,410 318 301-350% $3,990.01 - 4,655 274 $5,410.01 – 6,311 370 351-400% $4,655.01 – 5,320 313 $6,311.01 – 7,213 423 401-450% $5,320.01 – 5,985 352 $7,213.01 – 8,115 476 451 and above $5,985.01 and up 875 $8,115.01 and up 875
Docusign Envelope ID: B8C63DC7-7367-4210-853E-B7B004802EE4
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2. Determine if a Premium is due.
a. Calculate the amount of total countable net earned and unearned income for the individual.
b. Those with unearned income above 150% FPL are not eligible for HCWD. c. If total countable monthly income exceeds 200% of FPL, a premium is due. Use chart above to determine premium amount.
Note: Members of federally recognized Native American tribes and Alaska natives are exempt from cost sharing, including premiums and enrollment fees.
3. Notification of Premium due:
Notify the a/b in writing that a premium is due by mailing DHB-5146, Health Coverage for Workers with Disability Premium Notice.
a. Date the premium invoice the date it will be mailed.
b. The invoice must identify the premium amount due for each month separately.
c. The caseworker must provide their name, direct phone number and email address on the invoice.
d. If an enrollment fee is due, mail the premium invoice with the enrollment fee notice.
e. Allow the a/b 12 calendar days to pay the premium. Day one is the day after the invoice is mailed.
f. Payment must be by certified check or money order payable to: “NC DHHS” and “HCWD Premium” must be written on the memo line of the check.
g. The payment must be mailed to:
DHHS Controller Office 2019 Mail Service Center Raleigh, NC 27699-2019
h. When the premium payment is made, North Carolina (NC) Medicaid will notify the county worker designated on the invoice by telephone and email a copy of the invoice and check to the Docusign Envelope ID: B8C63DC7-7367-4210-853E-B7B004802EE4
11
worker.
C. Premium Invoices for Application/Recertification/Change in Circumstance
1. Application process:
a. Prepare the DHB-5146, Health Coverage for Workers with Disabilities Premium Notice and ensure all premiums due from the first month authorized through one month after the current calendar month are included.
b. If 12 calendar days exceed the 45/90-day processing standard, do not dispose of the application until notice of payment has been received, or until the first workday after the due date for payment, whichever is earliest.
c. Allow for the exclusion of application processing days, when necessary, verifications are received and the only remaining item necessary to process the application is the premium (and enrollment fee when applicable).
d. The exclusion of days begins on the day of the request for premium payment and ends on the day the premium is received or on the 13th calendar day, whichever occurs first.
Refer to NC FAST Job Aid: Stop Processing Time.
Note: If pending for enrollment fee and premium(s), the end date is the later of the dates the enrollment fee or premium(s) is received. Continue to exclude days until both payments are received.
2. Retroactive Months
An applicant who requests retroactive coverage must pay a premium for each retroactive month authorized. An a/b cannot choose the month to which the premium is to be applied.
Note: No enrollment fee is due for retroactive months.
3. Recertification or Change of Circumstance ongoing cases:
a. Send the DHB-5146, Health Coverage for Workers with Disabilities Premium Notice on the first business day of the month prior to the next month of eligibility.
b. Allow the beneficiary 12 calendar days to pay the premium; day one is the day after the invoice is mailed.
Docusign Envelope ID: B8C63DC7-7367-4210-853E-B7B004802EE4
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c. Do not send a termination notice prior to the day after the payment is due.
C. Payment Status Verification and Procedures 1. When the DHHS Controller receives an HCWD premium payment, a staff member in the controller’s office notifies the Division of Health (DHB) Business Support Unit.
2. After being notified by the controller’s office of the premium payment, DHB staff will contact the caseworker on the same day with the premium payment information.
3. If no communication has been received from DHB on the 13th day after the premium invoice was mailed: a. Contact DHB Business Support by email at, Medicaid.BusinessSupport@dhhs.nc.gov to verify payment status.
b. Document the response from DHB and follow the appropriate steps (below) for approving or denying based on the response.
D. Premium Payment Received Procedures 1. Application process:
When DHB notifies the local agency caseworker that the HCWD premium has been received:
a. Refer to NC FAST Job Aid: Forced Eligibility for Income Support Medical Assistance, Special Assistance & Cash Assistance.
b. Authorize and activate a Medical Forced Eligibility PDC for the appropriate month(s).
c. If the applicant has identified the premium payment as an ongoing payment, apply the payment to the earliest unpaid ongoing month.
d. If the applicant has identified the premium payment as a retroactive payment, apply the payment to the earliest unpaid retroactive month.
e. If the payment is not identified as retroactive or ongoing, apply the payment to the earliest unpaid month.
Docusign Envelope ID: B8C63DC7-7367-4210-853E-B7B004802EE4
13
2. Recertifications and Change of Circumstances ongoing cases:
When DHB notifies the local agency caseworker that the HCWD premium has been received:
a. Refer to NC FAST Job Aid: Forced Eligibility for Income Support Medical Assistance, Special Assistance & Cash Assistance.
b. Authorize eligibility for the month or months covered by the premium.
c. For ongoing cases, apply premium payments to the oldest unpaid month in the current certification period.
E. When The Premium Is Not Paid 1. Applications:
Upon receipt of notification from DHB that the a/b refused to pay the premium or failed to pay the premium:
a. Deny the application for failure to pay the premium and send the DHB-5147, HCWD Denial for Non-Payment of Premiums form.
b. Provide the coverage period and amount due for each month owed in the appropriate section of the DHB-5147 form.
c. Provide the caseworker’s name and contact information in the appropriate section of the DHB-5147 form.
d. If the enrollment fee has been paid, refund it.
2. Recertifications and Change of Circumstances for Ongoing Cases:
Upon receipt of notification from DHB that the a/b refused to pay the premium or failed to pay the premium:
a. Do not send a termination notice prior to the day after the payment is due.
b. Mail the DHB-5148, HCWD Termination for Non-Payment of Premium form, follow timely notice procedures found in MA-2420, Notice and Hearings policy. (1) Provide the coverage period and amount due for each month owed in the appropriate section of the termination Docusign Envelope ID: B8C63DC7-7367-4210-853E-B7B004802EE4
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notice. (2) Provide the caseworker’s name and contact information in the appropriate section of the termination notice.
(3) For recertification, if the enrollment fee has been paid, refund it (do not refund enrollment fees in ongoing cases).
Note: When the recertification cannot be completed so that timely notification can be completed by the end of the current certification period, extend HCWD coverage on a month-by- month basis without a premium until timely notification procedures have been followed.
F. Program Classification
The classification code in NC FAST will be N, G, B or Q. Beneficiaries will be MAB/MAD-N, MAB/MAD-G, MAB/MAD-B or MAB/MAD-Q.
As for any Medicaid case, classification for HCWD is determined by income and resources. The HCWD beneficiary must be evaluated for dual eligibility (MQB-Q/MQB-B) if they are enrolled in Medicare.
Sub-Program Codes:
1. For the Basic Coverage Group, enter B1.
2. For the Medically Improved Coverage Group, enter M5.
E. Certification Period
1. Certification is for a twelve-month period.
2. HCWD applicants currently in other programs:
Where an HCWD applicant has less than twelve months left on an existing certification period, use the existing certification period for HCWD eligibility.
VI. RECERTIFICATION Complete a recertification every twelve months following procedures in MA- 2320, Recertification policy. The eligibility requirements in IV and V above continue to apply.
VII. CHANGE IN CIRCUMSTANCE Docusign Envelope ID: B8C63DC7-7367-4210-853E-B7B004802EE4
15
A. 12 Month Continued Eligibility After Involuntary Loss of Employment
An HCWD beneficiary, who becomes unemployed for reasons beyond their control, including health reasons, continues to have eligibility in HCWD as if still employed for up to 12 months beginning the month following involuntary unemployment provided they:
1. Have received HCWD for at least one ongoing or retroactive month,
and
2. Maintain a connection with the workforce meaning: a. Registered with the Employment Security Commission for employment services,
b. Registered with a temporary employment agency,
c. Their employer considers the individual is on short-term disability even if they are not receiving a benefit, or
d. On sick leave.
3. Continues to meet all other eligibility criteria for HCWD.
B. Break in Eligibility
A beneficiary who has lost eligibility in either the Basic or Medically Improved Coverage Group may reapply in the Medically Improved Group.
VIII. TERMINATIONS
Follow procedures in MA-2352 Change in Circumstance, Terminations, And Reopening policy when beneficiary is ineligible for HCWD. Reminder, to evaluate for all programs prior to termination. Docusign Envelope ID: B8C63DC7-7367-4210-853E-B7B004802EE4
North Carolina Department of Health and Human Services North Carolina Medicaid Division of Health Benefits AGED, BLIND AND DISABLED MEDICAID MANUAL MA-2220
STATE RESIDENCY
1
REVISED 05/30/2023 – CHANGE NO. 09-23
Current Change Notice: 09-23 • Section II., Policy Principle: o Clarifies applicants/beneficiaries’ (a/b) to provide one (1) proof of state residency. This includes the revision of DHB-5097, Request for Information form which that the language Please note: You may need to provide up to two forms of verification for Proof of State Residency was removed. o Obsolete the DMA-5153, North Carolina Residency Applicant Declaration form and removed from the online form library. This form is no longer required due to the applicant is only required to provide one (1) proof of residence. o Moved Temporary Absence section from section III. to II. This provides instructions to the caseworker before denying or terminating an a/b Medicaid eligibility when temporarily absent. Also included, the beneficiary may be temporarily absent but returning to NC in less than 12 months. o Added Moved to Another State section to provide instructions for the caseworker. • Section IV. Residency Verification add: o Added a Homeless section pertaining to the local agency may accept self-attest from the a/b when they declare homeless. o A written declaration from a person who has a social, family, or economic relationship with the applicant and who has personal knowledge of the applicant's intent to live in North Carolina permanently may be accepted as proof of state residency. Obsolete DMA-5152 and revised to DHB-5152, North Carolina Residency Declaration. o Updated language pertaining to the local agency may deny eligibility on the 45th/90th day if there is substantial evidence showing that the documentation is false. • Section V. Individual Moving to NC was Previously Eligible in Another State o Request verification from the other state or send a DHB-5097 to the applicant to provide proof that the Medicaid eligibility in the other state was terminated. The caseworker may verbally contact the other state agency to verify Medicaid eligibility. The caseworker must document in the NC FAST the contact person’s name, title, and phone number. o Provide clarification and instructions when the applicant becomes eligible for NC Medicaid.
I. RESIDENCY REQUIREMENT
To receive Medicaid in North Carolina (NC), an applicant/beneficiary (a/b) must be a North Carolina resident and meet financial and non-financial requirements. This section outlines the specific requirements and how state residence is verified. In order to meet NC Medicaid residency requirements, an individual must:
A. Be physically present in NC and have the intent to reside here, or
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Intent to reside does not mean:
1. An intent to stay permanently or indefinitely in the state,
2. Nor does it require an intent to reside at a fixed address.
B. Have entered the state with a job commitment, or
C. Be seeking employment in NC.
II. POLICY PRINCIPLES
A. An applicant is required to provide one proof of NC residency.
1. Residency must be verified for all Medicaid applicants.
2. Residency shall not be verified during recertification.
• If there is a reason to believe a change in residency may have occurred, the caseworker may re-verify the address.
3. Review existing agency records, electronic sources, and Online Verification System (OVS) in NC FAST to verify the same address on the application before asking for verification.
4. There is no minimum requirement for the length of time an applicant must be physically present in NC.
B. Temporary Absence
1. Beneficiary:
The caseworker may not deny or terminate the beneficiary’s Medicaid eligibility when the beneficiary is temporarily absent from NC and intends to return to the state in less than 12 months. The caseworker must document in NC FAST.
During recertification, if there is a reason to believe a change in residency may have occurred, the caseworker may re-verify the address.
Example: At recertification, the caseworker reviewed the case, the beneficiary reported temporary absence and there were no other notes that the beneficiary returned to NC. The caseworker will re-verify the address.
2. Applicant:
3
The caseworker may not deny an application when an applicant who is temporarily absent from NC and claims to be a resident of NC. The applicant must verify residency before they can be considered temporarily absent for Medicaid purposes.
An applicant who is relocating to NC must establish NC state residency by the processing deadline. If NC residence is not established by the processing deadline, the application should be denied. Refer to V. below.
Example: The applicant is pregnant and applying for NC Medicaid. However, is temporarily located in Virginia and intends to return to NC, as a resident of NC. The applicant must verify NC residence to be determined eligible for NC Medicaid.
D. Moved to Another State
When another state has determined that the person is a resident there for purposes of Medicaid, the caseworker may deny or terminate the beneficiary’s Medicaid eligibility. Refer to MA-2252/3410, Change In Circumstance, Terminations, And Reopening policy.
III. EXCEPTIONS TO THE RESIDENCY DOCUMENTATION REQUIREMENT
In the following circumstances, no statement of intent or additional proof is necessary:
A. Incapable
An applicant who is incapable of stating intent to reside in NC is a resident of the state where they are physically located.
B. Institutionalized
An applicant who is institutionalized and capable of stating intent to reside in NC, is a resident of NC if they live in an institution in NC, and states intent to reside in NC.
C. Incarcerated
An individual who is incarcerated by the North Carolina Department of Public Safety, Division of Prisons, is deemed to have the intent to reside in North Carolina. Refer to MA-2510/3360 Living Arrangement policy.
IV. RESIDENCY VERIFICATION
A. Applicant/Beneficiary (A/B) Requesting Assistance
If the a/b requests assistance in obtaining documents needed for residency verification, it is the responsibility of the local agency to assist.
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B. Homeless
The caseworker may accept a written declaration (DHB-5152) from the a/b when they self-attest they are homeless. If the a/b does not have a mailing address to receive mail, the caseworker may use the local agency’s address and must document it in the NC FAST.
C. Electronic Online Verification
Review electronic sources, OVS in NC FAST or the existing local agency records to verify residency before asking the applicant to provide documents.
D. Unavailable Electronic Online Verification
When online verification is not available, the a/b may provide documentation that verifies their physical address. Send a DHB-5097/5097sp, Request for Information form requesting one of the following:
1. A valid North Carolina driver license or other identification card issued by the North Carolina Division of Motor Vehicles.
2. A current North Carolina rent or mortgage payment receipt, or current utility bill in the name of the applicant or the applicant's legal spouse showing a North Carolina address.
3. A valid North Carolina motor vehicle registration in the applicant's name and showing the applicant's current address.
4. A document showing that the applicant is employed in this State.
5. One or more documents proving that the applicant's domicile in the applicant's prior state of domicile has ended, such as closing of a bank account, termination of employment, or sale of a home.
6. The tax records of the applicant or the applicant's legal spouse, showing a current North Carolina address.
7. A document showing that the applicant has registered with a public or private employment service in this State.
8. A document showing that the applicant has enrolled the applicant's children in a public or private school or childcare facility located in this State.
9. A document showing that the applicant is receiving public assistance or other services requiring proof of domicile, other than medical assistance, in this State.
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10. Records from a health department or other health care provider located in this State showing the applicant's current North Carolina address.
11. A written declaration, completed DHB-5152, North Carolina Residency Declaration, Work First DSS-5276, North Carolina Residency Applicant Statement or DSS-5275 North Carolina Residency Declaration made under penalty of perjury from a person who has a social, family, or economic relationship with the applicant and who has personal knowledge of the applicant's intent to live in North Carolina permanently or for an indefinite period of time or that the applicant is residing in North Carolina to seek employment or with a job commitment.
12. Current North Carolina voter registration card.
13. A document from the U.S. Department of Veterans Affairs, U.S. Department of Defense, or the U.S. Department of Homeland Security verifying the applicant's intent to live in North Carolina permanently or for an indefinite period of time or that the applicant is residing in North Carolina to seek employment or with a job commitment.
14. Official North Carolina school records, signed by school officials, or diplomas issued by North Carolina schools, including secondary schools, community colleges, colleges, and universities verifying the applicant's intent to live in North Carolina permanently or for an indefinite period of time or that the applicant is residing in North Carolina to seek employment or with a job commitment.
Refer to Job Aid: Verifying North Carolina Residency
E. Verification for Other Households Members
1. For a child, accept verification of the residence of the parent or caretaker if they live together.
2. For any of the documents in section IV.D. above, also accept documentation of the address of the spouse or the parent/caregiver if they live together.
F. Deny Eligibility on the 45th/90th Day
The caseworker may deny eligibility on the 45th/90th day, if there is substantial evidence showing that the documentation is false. If reasonably necessary, the caseworker must send DHB-5097/5097sp to request additional documentation to verify residency.
V. INDIVIDUAL MOVING TO NC WAS PREVIOUSLY ELIGIBLE IN ANOTHER STATE
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A. If an applicant was receiving Medicaid in another state prior to moving to NC, the local agency is responsible for contacting the prior state to:
1. Notify the state of the applicant’s move to NC, and
2. Request verification from the other state or send a DHB-5097/5097sp to the applicant to provide proof that the Medicaid eligibility in the other state was terminated.
The local agency may verbally contact the other state agency to verify Medicaid eligibility. The local agency must document in NC FAST the contact person’s name, title, and phone number.
3. Follow-up with the out-of-state agency at least every 2 weeks until a response is received either verbally or written. If not verified by the 45/90 day, or after 2 requests, whichever is later, deny the application. Document in NC FAST all attempts to contact the out of state agency as well as the response received.
4. The local agency may obtain any information on resources such as bank accounts, stocks, bonds, promissory notes, former homesite, etc., that will aid in determining eligibility in NC.
B. Medical Bills
1. If the applicant has outstanding medical bills in NC in the same month the applicant received Medicaid in the other state, verify whether the other state’s Medicaid program will cover bill(s) incurred in NC.
• Some Medicaid programs in other states are similar to NC. They only cover out-of-state services if it is an emergency, or the service was prior approved.
2. If the applicant has a bill in NC that will NOT be covered by the other state, authorize Medicaid in NC if otherwise eligible for that month.
C. If the other state will pay the NC claims:
1. Contact the medical provider(s) and verify whether they are enrolled or are willing to enroll with the other state.
2. If providers are not willing to enroll and file claims with the other state, authorize NC Medicaid, if otherwise eligible.
3. If providers are willing to enroll and bill the other state, there is no need for NC coverage for that month(s).
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D. If eligible for NC Medicaid
1. Verify when the out-of-state Medicaid coverage was terminated, and
2. Authorize North Carolina Medicaid in the following eligibility month or based on C. above
3. Document in the NC FAST.
North Carolina Department of Health and Human Services Division of Medical Assistance Medicaid Eligibility Manual AGED, BLIND, AND DISABLED MEDICAID MANUAL MA-2221
COUNTY RESIDENCE
1 MA-2221 COUNTY RESIDENCE REVISED 08/01/09 – CHANGE NO. 12-09
I. POLICY RULES
A. An individual applies for Medicaid in his county of residence.
County residence is not an eligibility requirement. When it is discovered that an individual is a resident of another county, do not deny an application. The county must continue to process and transfer to the correct county following procedures in this section.
B. If a recipient moves to another county, transfer the case to the new county of residence.
II. DETERMINING COUNTY RESIDENCE
A. Non-institutional Living Arrangement
An individual has residence in the county in which he lives. This applies even if the individual owns a home in a different county or state.
B. Institutional Living Arrangement
An individual in a hospital, mental institution, nursing facility (SNF, ICF-MR), Adult Care Home (rest homes/domiciliary care facility/assisted living) or a similar institution/facility:
1. Is a resident of the county in which he lived immediately prior to entering the facility.
2. If an individual moves from another state directly into an institutional living arrangement, the individual is a resident of the county in which the facility is located. If the individual moves to more than one institution/facility, the county of residence is the county where the first institution/facility is located.
NOTE: Residence in an adult care home does not establish county residence, even when the individual was a private paying adult care home resident. Establish his county of residence prior to entering the adult care home.
AGED, BLIND, AND DISABLED MEDICAID MANUAL Transmitted by Change No. 09-05
MA-2221
COUNTY RESIDENCE 12-01-04
2 REISSUED 08/01/09-CHANGE NO. 12-09
(II) C. Temporary Absence From County/Home
Temporary absence from the county of residence, with subsequent return or intent to return, does not change the residence, unless another county has determined that the person is a resident there.
1. An individual may be temporarily absent from the home without interruption of the continuity of Medicaid. If it is discovered that an individual is not temporarily absent, evaluate county of residence following instructions in.A. or B. above.
2. Reason for temporary absence from the county/home include but are not limited to:
a. Visits to friends/relatives in another county: If the visit exceeds three months, the caseworker verifies the following:
(1) Whether the recipient intends to return home. Request a signed statement from the client which states intent to return home, and
(2) Verification that rent/house utility payments are being made, and
(3) Receipt of mail continues.
b. Reason for continuing absence: Request assistance from the second county to document the reason for continued absence.
Reasons for continued absence include, but are not limited to:
(1) Illness of the recipient.
(2) Illness and need for continuing care of someone the recipient had been visiting in another county.
North Carolina Department of Health and Human Resources AGED, BLIND, AND DISABLED MEDICAID MANUAL MA-2221
COUNTY RESIDENCE
3 07/01/04 (II.) D. Individual With No Permanent Address
A person with no fixed or permanent address is a resident of the county where he states his intent to remain. If the individual is incapable of stating his intent to remain, he is a resident in the county in which he is found.
E. Disputed County of Residence
If the county of residence is disputed, counties should contact their Medicaid Program Representative (MPR) for settlement. The county in which the applicant files the application must proceed to process the application without delay. Upon review of all facts in the case, the MPR(s) will notify the counties of the decision regarding residence.
If the county, which processed the application, is not the county of residence, then that county should immediately contact the Claims Analysis Section of DMA.
Additionally, the county should identify any claims charged in error to their county by reviewing the "Recipient Payment Register." Once claims are identified, notify the Claims Analysis Section of DMA in writing of the charges. Include the recipient's name, individual identification number, and dates of service.
NOTE: This is different from the situation in which a county took a courtesy application and the county of residence refuses to accept the application. For this situation, see MA-2300, Initial Contact.
III. VERIFYING THE COUNTY OF RESIDENCE
A. Accept the client's statement as verification unless there is reason to doubt it.
B. If there is reason to doubt the client's statement, verify using following sources:
1. Home visit/collateral contacts
2. Real and personal property tax records
3. Motor vehicle registration
4. Driver's license, i.e., address
5. Order of custody/placement responsibility by the court.
An individual who recently moved may not have had time to update these items. Evaluate each situation based on its individual circumstances.
North Carolina Department of Health and Human Resources AGED, BLIND, AND DISABLED MEDICAID MANUAL MA-2221
COUNTY RESIDENCE
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IV. APPLICANT MOVES FROM ONE COUNTY TO ANOTHER
A. Policy Rules
1. Do not transfer an application to another county.
If an application is denied or withdrawn, no further action is necessary.
2. Once the application is approved, transfer the ongoing case according to procedures in V.
3. The county that took the application is financially responsible for all eligible months beginning with the retroactive period until the transfer effective month for the active case.
4. When there is a pending application in more than one county, use the first date of application. The county that took the first application is responsible for processing.
B. Verification of Move
1. When an individual reports he has moved to another county, document the new address, phone number, and county of residence. Update this information in EIS when the case is approved.
2. When the county learns from another source that an applicant has moved, send a DMA-5097, Request for Information, asking the applicant to verify the new address.
3. If the applicant does not respond, send a second DMA-5097, Request for Information. If no response, follow instructions in MA-2304, Processing the Application.
4. If the applicant has moved, but left no forwarding address, follow procedures in MA-2304, Processing the Application, to determine a current address.
C. Responsibility of the Second County to Assist
1. Each agency must appoint a contact person(s) to handle all mail and phone inquiries regarding applicants that move to another county.
2. The contact person in the first county may request assistance from the second county in locating an applicant that has moved to the second county and/or obtain information necessary to determine eligibility.
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5 (IV.C.) 3. The contact person in the second county must make a reasonable effort to contact the applicant and/or obtain necessary information/verification.
4. The contact person in the second county must respond to the contact person in the first county within two workdays of the request for assistance.
D. Disputes
In the case of a dispute between counties concerning the responsibility for delay in processing, contact your Medicaid Program Representative (MPR). The MPRs for the respective counties will determine which county is responsible for the delay based on the policy set forth above. The documentation of the contact persons is used to make the determination.
V. COUNTY REASSIGNMENT OF ONGOING CASES
When a recipient in an ongoing case moves from one county to another, his Medicaid eligibility must continue without a break in coverage provided he continues to meet all eligibility criteria.
A. First County Responsibility When Learning of Client’s Move or Plan to Move
1. If the client plans to move to another county, explain to the recipient his responsibility to notify the IMC in the first county when he actually moves.
2. Upon notice of the actual move to another county, inform the a/r, verbally when possible, and by transfer letter, of the agency’s responsibility to continue assistance if eligibility exists.
Also, advise the a/r of his responsibility to contact the first county immediately to report any changes in the household that may affect Medicaid eligibility such as income and/or household composition. The first county must react to all changes reported before the transfer is complete.
B. Case Status
Prior to keying a county transfer, always check the certification period. Also, check to see if there are other Medicaid cases for the household, including the Family and Children’s Medicaid Program. If a review is due, do not complete the transfer until the review is completed.
1. Authorized case
a. If a review is due, the first county must complete the review and authorize for the next certification period, then reassign the case to the second county.
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(V.B.1.a.) EXAMPLE: The transfer effective month is February. The certification period is August - January. The first county must complete the review prior to transfer.
b. If a review is due in the month the transfer is effective or later, the second county must complete the review and authorize for the next certification period.
EXAMPLE: The transfer effective month is October. The certification period is July – December. The second county must complete the review and authorize for the next certification period.
c. If the first county transfers a case to the second county with an expired certification period, the first county is still responsible for completing the review. Once the review is completed, the first county should send the second county the review to authorize the next certification period in EIS.
EXAMPLE: The transfer effective month is July. The certification period expired in June. The first county must complete the review and send the review to the second county to authorize for the next certification period in EIS.
2. Deductible case
a. If the deductible has been met by the time of the notification of the move, follow procedures in 1. above.
b. If the deductible has not been met at the time of the move, always check the certification period. Complete the review if needed and then complete the county transfer.
c. If and/or when the first county receives notification and verification from the second county that the deductible was met during the first county's responsibility, the first county authorizes assistance on a DSS-8125 for its period of responsibility only.
C. Effective Date of County Transfer
1. The effective date of the county transfer may be no earlier than the second month following completion and mailing of the transfer letter. At a minimum, the first county will continue assistance for one month following the keying of the transfer.
2. Transfer the case in EIS effective the second month following the month of input.
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REVISED 11/01/11 – CHANGE NO. 17-11
(V.C.2.) EXAMPLE: On October 18 the recipient notifies the first county of a move to the second county. The certification period is checked to determine if a review is due. The certification period ends in February. The transfer letter is mailed on October 26. The county transfer is keyed on the same day. The transfer is effective December 1.
3. You may key a county transfer through the last working day of the month.
4. Managed Care coverage is automatically terminated by EIS on the last day of the month prior to the ongoing month. See EIS 3500, Transfers for Active Cases.
D. Completing the Transfer Letter
Complete the DMA-5154, County Transfer Letter, on the same day that the county transfer is keyed.
1. Give the original to the client if he is in the agency or mail if notification was by telephone call or letter.
2. Send a copy of the transfer letter, along with a copy of the most recent case profile to the second county.
3. File a copy in the eligibility record.
E. Entering a Facility After Reporting Move to Another County
If a recipient moves to another county in a private living arrangement and then enters an institution/facility in the second county prior to the effective date of the county transfer, continue the county transfer as proposed.
F. Medicaid ID Cards
1. A change in the recipient’s address alone will not result in issuance of a new Medicaid ID card. However, if the individual is enrolled in Carolina Access/Community Care of North Carolina, his primary care provider (PCP) will likely change when he changes counties. After the new PCP information in entered into EIS, the individual will be issued a new Medicaid card with the revised PCP information as well as the recipient’s new address.
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8 REISSUED 11/01/11 – CHANGE NO. 17-11 (V.F.)
2. The first county is responsible for mailing a returned Medicaid card, with the recipient’s old address, directly to the recipient.
3. If the client does not receive the ID card during the transfer process and it has not been returned to the first county, request a replacement if his name is on the ID card register. Refer to MA-2380, Medicaid Identification Card, for issuing a replacement card.
G. Second County Responsibility
1. If a recipient notifies you of a move from another county, but has no transfer letter, notify that county immediately. Verify the assistance status in that county. Work with the first county in determining if a review is due. Assist the county and the client in completing the review and transfer.
2. Upon receipt of the transfer letter:
a. Establish a case record including all copies of transfer letters.
b. Refer the record to the appropriate caseworker for action.
c. Contact the client immediately.
d. Enter any new information in EIS.
e. Request the client's case from the first county via form DSS-2216, Request for Record.
3. If the recipient's deductible was met during the first county's responsibility:
a. Notify the first county of the dates of eligibility,
b. Provide a listing of medical expenses considered, and
c. Authorize assistance in the second county effective the date of county reassignment.
H. Move to Third County
1. First County Responsibility:
If the recipient moves to a third county prior to the effective date of the county reassignment to the second county:
a. Notify the second county to terminate, and
b. Initiate an administrative reapplication, and
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REVISED 11/01/11 – CHANGE NO. 17-11 (V.H.1.) c. Initiate county reassignment to the third county.
2. Second County Responsibility:
a. If the recipient moves to a third county prior to the effective date of county reassignment, but the move is discovered after the effective date of county reassignment:
(1) Continue assistance, and
(2) Initiate county reassignment to the third county based on procedures in this section.
b. If the recipient moves to a third county on or after the effective date of county reassignment:
(1) Continue assistance, and
(2) Initiate county reassignment to the third county based on procedures in this section.
c. If the recipient moves, leaving no forwarding address, and all methods of contacting him are exhausted:
(1) Send timely notice of proposed action to terminate for unable to locate to the last known address. Follow requirements in MA- 2420, Notice and Hearings Process.
(2) Terminate the case in EIS.
(3) Document in the record all efforts to locate the recipient.
d. If the recipient moves back to the first county prior to the effective date of transfer, but the transfer is already showing in EIS, follow procedures in V.H.1.and 2.
VI. TRANSFERS KEYED TO WRONG COUNTY
If a county discovers that a case has been transferred to their county in error, follow the procedures in V.H.1. and 2. Counties are strongly encouraged to check the Pending County Reassignment Report, DHREJA PENDING CNTY REASSIGNMENT, daily. Follow instructions in EIS 1061, XPTR Report Distribution System, to access the report.
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North Carolina Department of Health and Human Services Division of Health Benefits Medicaid Eligibility Unit AGED, BLIND AND DISABLED MEDICAID MANUAL MA-2230 FINANCIAL RESOURCES REVISED 06/30/2026– CHANGE NO. 09-26 I. POLICY PRINCIPLES Resources are an important factor in determining Medicaid eligibility. Countable resources are compared to a limit established by federal law. An applicant/beneficiary (a/b) is ineligible for Medicaid if countable resources exceed the resource limit or the “reserve” limit. The DMA-5030, Reserve History Sheet must be used to document resources at application, change in situation and at redeterminations. A. Resource Policy Rules 1. Resources Resources are all financial assets that a Medicaid a/b or a person who is financially responsible for him: a. Owns, or has the right, authority, or power to convert to cash, and b. Are legally available for the a/b’s support and maintenance. 2. Resource Eligibility Determination When determining Medicaid eligibility, some assets are countable resources and others are excluded. Always verify resources, determine their availability and whether available resources are countable. 3. Resource Limits To qualify for Medicaid, the a/b’s countable resources must be equal to or less than the limits listed below: Number of Persons M-AABD, C. N. M Resource Limit N-QB (Q/B/E) Resource Limit M-WD Resource Limit HCWD Resource Limit Individual $2,000 Refer to MA-2252 $4,000 Minimum Community Spouse Resource Allowance (see MA-2231) Couple $3,000 NON-MAGI MEDICAID INCOME/ RESERVE LIMITS $6,000 4. First Moment Verify the value of countable liquid resources (see definition in B.3. below) as of the first moment of the month. Increases of resources during the month do not affect eligibility for month of increase. 1
NOTE: While countable resources are only applied to the resource limit on the first moment of the month following receipt, if they are given away in the month of receipt, evaluate for transfer of resources according to MA-2240, Transfer of Assets 5. Excess Resources a. If countable resources exceed the allowable limit: (1) Notify an applicant via the DHB-5097 of excess resources and the opportunity to rebut the value of those resources that can be rebutted (II.G.1.) or reduce the value of resources. Follow the policy in MA-2303, Verification Requirements for Applications, and MA-2304, Processing the Application, for time frames and disposition instructions when there are excess resources. (2) Notify a beneficiary via the DHB-5097 of excess resources and the opportunity to rebut the value of those resources that can be rebutted (II.G.2.) or reduce the value of resources. (a) Allow the beneficiary 12 calendar days to provide proof of rebuttal of value or reduction of resources. (b) If proof of rebuttal or reduction is not received within 12 calendar days, send a timely notice proposing termination for excess resources. Terminate the case unless, the value of the resources are rebutted or resources are reduced prior to the effective date of termination. b. Refer to I.C., II.G., VII.E., and VIII.E for further instructions on rebutting the value of resources. Refer to I.D. and XIII.H. for further policy on reduction of resources and MA-2240, Transfer of Assets, for allowable transfers that may reduce resources. 6. The following are not considered resources in determining Medicaid eligibility or transfer of assets. a. Cash to purchase medical or social services, cash placed in an irrevocable burial account, (see XIII. for applying to the burial exclusion), money used as part of a Plan for Achieving Self-Support (PASS) see H. below, and past due SSI benefits placed in a Dedicated Account for a child under age 18 who has a representative payee, (see I. below). For one calendar month following its receipt, cash paid by a recognized medical or social services program is not a resource provided the cash is not income and not repayment for a bill already paid. b. Home energy assistance/support and maintenance assistance (HEA/SMA) regardless of how long a person retains it. 2
c. Certain stock in Alaska regional or village corporations. Do not include shares of stock held by a native Alaskan in a regional or village corporation as a resource. B. Types of Resources There are three types of resources considered when determining Medicaid eligibility real property, personal property and liquid assets. 1. Real Property Real property includes land and all buildings or dwellings which are permanently affixed to the land. This includes mobile homes if the county tax office considers them to be real property. Verify with the county tax office. 2. Personal Property Personal property includes all personal effects and household goods as well as any types of motor vehicles, boats, trailers or farm and garden equipment. (i.e. mobile homes are considered personal property unless county tax office considers the mobile home to be real property. This can be verified by county tax records or office.) 3. Liquid Assets Liquid assets include cash, bank accounts, certificates of deposit as well as any item that can be converted to cash (i.e. cash value bearing life insurance policy). C. Rebuttal of Resource Value for Real or Personal Property or Promissory Note If the value of the a/b’s total resources exceeds the resource limit the a/b can disagree with and rebut the value of real or personal property or a promissory note. The a/b must be informed via the DHB-5097 or DHB-5097S that he has the right to rebut and prove that the resource has a lesser value. D. Reduction of Resources In addition to rebuttal, the a/b must be given the opportunity to reduce countable resources which exceed the resource limit. See MA-2303, Verification Requirements For Applications and MA-2304, Processing the Application, for application processing standards. A beneficiary may reduce resources within the timely notice time frame. E. Burial Exclusion Up to $1,500 of otherwise countable liquid assets may be excluded for burial purposes. See Item XIII. below. 3
F. Protection of Resources 1. When a married applicant is “institutionalized” for long-term care or applies for CAP, the spouse who remains in the community may be able to keep a share of the couple’s assets. This amount is excluded from the countable resources of the institutionalized or CAP spouse. This amount is known as the Community Spouse Resource Allowance (CRSA). See MA-2231, Community Spouse Resource Protection, for instructions. 2. For individuals with a community spouse, apply the Long Term Care Partnership Program disregard after applying the CRSA, if the individual is still over reserve. See XII.D below for instructions on how to apply the resource disregard for individuals with a qualified Long Term Care Partnership Program policy. G. Transfer of Assets Transfer of assets may result in a period of ineligibility known as a sanction if the a/b or a/b’s spouse requests assistance with institutional services or receives in-home health services and supplies. See MA-2240, Transfer of Assets. 1. Always document in the case record any transfer of assets by the a/b or financially responsible spouse. 2. Include in the documentation the amount of the transfer, date of the transfer, and any other identifying information, etc. 3. Always complete the Assets Transfer Tracking Screen for any a/b to indicate that a transfer of assets evaluation has been completed. Refer to MA-2240, Transfer of Assets, for procedures. H. Plan to Achieve Self-Support (PASS) The Social Security Act authorizes the exclusion of resources of an individual who has a disability or is blind when the individual needs such income and resources to fulfill an approved Plan to Achieve Self-Support (PASS). Verify the exclusion amount by viewing the notice of approval from the SSA office. Since the PASS is issued for a specific period of time and can be amended by SSA due to changes, it should be verified at each redetermination. I. Dedicated Accounts for Individuals under Age 18 Section 213 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 requires that when an individual under age 18 becomes eligible for Supplemental Security Income (SSI), and is eligible for past due SSI monthly Benefit’s, the representative payee must establish a dedicated account in a financial institution into which the past due benefits will be paid. 4
Other underpayments of SSI benefits may also be paid into this account by Social Security. No other funds may be deposited into a dedicated account. A dedicated account including any interest earned is excluded from income and is not a countable resource. Obtain account statements to verify that only past due payments of SSI benefits have been deposited into the dedicated account. If other funds including regular monthly SSI benefit payments have been deposited into the account, it is no longer considered a dedicated account and should be evaluated for being a countable resource. II. FINANCIAL RESOURCE PROCEDURES The following information contains procedures for verifying and counting resources. Detailed information about various topics in this section is referenced for convenience. A. Determine Whose Resources Are Counted The a/b’s available resources are always counted when determining eligibility. In addition, if the a/b is married or is under age 18, a spouse or parent(s) may be financially responsible for the a/b. The spouse’s or parent’s resources must be evaluated when determining eligibility. See III. below for information on how to determine whose resources are counted. B. Determine Availability of Resources Even though an a/b, spouse or parent has financial assets, the assets may not be an available resource to the a/b under certain circumstances. Item IV. below provides information on how to determine availability of resources. C. Request and Verify Resources 1. Liquid Assets - First Moment Balance Always verify liquid assets as of the “first moment” of the month of verification. For all Medicaid classifications: a. Request the closing balance/value on the last working day of the month pre ceding the verification month. b. The closing balance/value on the last business day of the preceding month is the “first moment” balance/value of the verification month. 2. Personal and Real Property Assets The value of personal property and real property changes only when re evaluated for tax purposes. Verify the value at any time during the month. D. Resource Verification Month 5
1. Applications The month to verify resources is: a. Ongoing Certification Period - The month of application, or, if there are excess resources, the month resources are reduced. b. Retroactive Certification Period - Each month of any 1, 2, or 3 month period. 2. Redeterminations For eligibility reviews, there is some flexibility as long as the “verification month” is: a. No earlier than the month in which the review process (verifications, appointment letter, etc.) is started, and b. No later than the first month of the new certification period 3. Change In Situation Verify resources for the month of change. If countable resources exceed the allowable limit: a. Notify the beneficiary via the DHB-5097 or DHB-5097S of excess resources and the opportunity to rebut or reduce the value of resources. Allow 12 calendar days to provide proof of rebuttal or reduction of resources. b. If, at the end of 12 calendar days, proof of rebuttal or reduction of resources is not received, send a timely notice of termination. c. The beneficiary must provide proof that resources have been reduced no later than the effective date of termination. d. If proof is submitted by the termination effective date, continue eligibility. 4. Appeal Reversals Verify resources as of the first month of each certification period (c.p.). Begin with the retroactive 1-3 months and go forward by c.p.’s of 6 months. Verify any reported increases in resources during a c.p. E. Calculate Countable Resources 1. Add the value of all countable real property assets. Include equity value based on tax value at this point. Rebuttal of current market value is only necessary 6
if there are excess resources. See VII. below to determine how to count real property. 2. Add the value of all countable personal property assets. Include the equity value of excess vehicles. Rebuttal of personal property value is only necessary if there are excess resources. See VIII. to determine how to count personal property. 3. Add the value of all countable liquid assets. See X.-XII below to determine how to count trust funds, life insurance and other liquid assets. 4. Total all countable assets available to the a/b and financially responsible persons. See MA-2260, Financial Eligibility Regulations-PLA, for resource limits and parental deeming of resources. Refer to MA-2231, Community Spouse Resource Protection, when the a/b is institutionalized and has a spouse in the community. See XII.D below for instructions on how to apply a resource disregard for individuals with a qualified Long Term Care Partnership policy. F. Compare Countable Resources to Resource Limit 1. Private Living Arrangement The PLA a/b meets resource eligibility criteria if total countable resources are equal to or less than the resource limit for the a/b (individual or couple limit) on the first moment of the verification month. 2. Long Term Care a. A single (unmarried or widowed) a/b in LTC meets resource criteria if total countable resources are equal to or less than the resource limit for one person. b. Married LTC a/b with a spouse in the community – Subtract the Community Spouse Resource Allowance (CSRA) from total countable resources of the couple. The a/b meets resource criteria if the remaining resources are equal to or less than the limit for one person. Rules and procedures for determining the amount of the CSRA are found in MA-2231, Community Spouse Resource Protection. 3. See G. - J. below if resources exceed allowable limits G. Rebuttal of Real/Personal Property Value or Promissory Note The a/b may rebut the value of real or personal property (including partial interest) or promissory note when countable resources exceed allowable limits. Rebuttal requirements are listed in items VII. and VIII. Refer also to instructions in MA-2303, 7
Verification Requirements For Applications. When the a/b successfully rebuts the value of an asset, use the lesser value for all months for which eligibility is being determined, including retroactive months. 1. Rebuttal Requirements for Applications When total countable resources exceed the allowable limit and the total includes equity in real property, personal property or a promissory note, notify the applicant in writing on the DHB-5097, Request for Information (or DHB 5097S), of the right to rebut. a. Indicate the current value of countable resources and inform the applicant of the right to rebut the value and show that the asset has lesser value. State the latest date the rebuttal can be provided. b. Refer to MA-2304, Processing the Application, for information concerning processing time frames for applications. 2. Rebuttal Requirements for Ongoing Cases a. When total countable resources exceed the allowable limit and the total includes equity in real property, personal property or a promissory note, notify the beneficiary in writing on the DHB-5097, Request for Information, (or DHB-5097S) of the right to rebut the value of these resources. Indicate the current value of countable resources and inform the beneficiary of the right to rebut the value and show that the asset has lesser value. Allow 12 calendar days to provide proof of rebuttal of the value of the resource(s). b. If proof of rebuttal or reduction is not received within 12 calendar days, send a timely notice proposing termination for excess resources. Terminate the case unless, the value of resources are rebutted or resources are reduced prior to the effective date of termination. H. Burial Exclusion Up to $1,500 of countable liquid assets for the a/b, spouse and financially responsible parent may be excluded for burial purposes. Using the burial exclusion is one method of reducing total countable resources which exceed the limit. See XIII. below. I. Approving/Denying the Application for Resources Refer to MA-2260, Financial Eligibility Regulations – PLA, to determine if countable resources, as determined in this section, are within allowable limits. 1. Countable Resources are Within Limits 8
Approve the application effective with the month that countable resources are equal to or below the allowable limit and all other eligibility criteria are met. 2. Countable Resources Exceed Limits a. Medically Needy - M If resources are reduced to allowable limits within the application processing time, authorize Medicaid as of the day that both resource and deductible requirements are met, whichever occurs last and all other requirements are met. b. Categorically Needy - N, Q, B, E, and MWD. If resources are reduced to allowable limits within the application processing time, authorize Medicaid the month that resources are below the limit as of the first moment and all other requirements are met. J. Eligibility Redeterminations/Change in Situation 1. Countable Resources Are Within Limits The a/b is eligible if countable resources are equal to or below the appropriate limit as of the first moment of the verification month and all other eligibility requirements are met. 2. Countable Resources Exceed Limits If the beneficiary has excess resources at redetermination or change in situation, he must reduce resources to the allowable limit prior to the effective date of termination. a. Send a DHB-5097, Request for Information, (or DHB-5097S) notifying the beneficiary of excess resources including the resource limit and options for rebuttal of resources (whose value can be rebutted), burial exclusion, or other reduction of resources, that are applicable to the types of resources he owns. Allow 12 calendar days for him to provide proof of rebuttal or reduction of resources. b. If the beneficiary does not provide proof of rebuttal or reduction of resources within 12 calendar days, send a timely notice proposing termination for excess resources. Terminate the case unless the values of the resources are rebutted or resources are reduced prior to the effective date of termination. III. WHOSE RESOURCES TO COUNT In addition to resources owned by the a/b, the resources owned by a spouse or parent 9
must be counted if they are available for the a/b’s use. This principle is known as financial responsibility. This section describes who is financially responsible when determining Medicaid eligibility and how their resources are counted. See IV below for information on determining availability of resources. A. Applicant/Beneficiary Always count the a/b’s available resources in determining eligibility. If the a/b does not have a spouse or parent (a/b under age 18) compare total countable resources to the resource limit for one person. B. Financial Responsibility - Spouse for Spouse A spouse is financially responsible for the a/b when they live together. Use the following procedures to determine whose resources to count and which resource limit to use when an a/b has a spouse: 1. Private Living Arrangement - Legal Spouses Live Together Compare the total countable resources of the couple to the resource limit for 2 persons unless one of them receives Work First Family Assistance (including Transitional Medicaid benefits), SSI or Medicaid under the Community Alternatives Program (CAP). Then use the resource limit for one. Refer to MA-2250, Income. 2. Private Living Arrangement - Legal Spouses Live Apart Compare total countable resources of the a/b to the resource limit for one person. Evaluate any jointly owned resources for availability as specified in IV.B. 3. CAP Beneficiary(s) a. One Spouse is CAP Deduct the Community Spouse Resource Amount (CSRA) from the total combined countable resources of the couple. Compare the remainder to the resource limit for one. See MA-2231, Community Spouse Resource Protection, for CSRA. b. Both Spouses are CAP Compare the total countable resources of each spouse to the resource limit for one. If resources are owned jointly, count 50% for each spouse. 4. Long Term Care - One Spouse is Institutionalized (Applies whether or not the institutionalized spouse is applying for help with long term care.) Refer to MA-2231 Community Spouse Resource Protection, for procedures 10
for protecting resources for a spouse living in the community when the a/b began a continuous period of institutionalization on or after October 1, 1989. a. Couple Apart More Than 12 Consecutive Months If the couple had been apart for at least 12 consecutive months when one of them becomes institutionalized, compare the available resources of the a/b to the resource limit for one. Evaluate jointly owned assets for availability as specified in IV.B. - Assets Jointly Owned With a Non-Financially Responsible Individual. b. Couple Apart Less Than 12 Consecutive Months If the couple were living together or separated less than 12 consecutive months, deduct the Community Spouse Resource Amount from the total combined countable resources of the couple. Compare the remainder to the resource limit for one. See MA-2231, Community Spouse Resource Protection, for CSRA. NOTE Do not count a prior period of institutionalization as part of the 12 month period of separation unless the couple was legally separated during this time. c. CPI Prior to 10/1/89 If the current continuous period of institutionalization (see MA-2270, Long Term Care Need and Budgeting, for definition) began before 10/1/89: (1) The legal spouse of the institutionalized a/b is not financially responsible beginning with the month after month of entry into a nursing level of care. (2) Compare the total available assets of the institutionalized a/b to the resource limit for one. (3) Do not apply spousal resource protection procedures. (4) Evaluate any jointly owned assets for availability as specified in IV.B. below. 5. Long Term Care - Both Spouses Institutionalized a. Spouses In Separate LTC Rooms The spouses are not financially responsible for each other. Compare available resources owned by each spouse who is an a/b to the resource limit for one. In addition: 11
(1) If both are beneficiaries, count half of any jointly owned assets for each spouse. (2) If one spouse is not a Medicaid a/b, see Item IV.B. - Assets Jointly Owned With a Non-Financially Responsible Individual. b. Spouses in Same LTC Room If both spouses are beneficiaries and are in the same room, compare available resources of both spouses to the resource limit for two. C. Financial Responsibility - Parent for Children When establishing resource eligibility for disabled children under age 18 who live with their parents, evaluate available resources of the parent to determine if resources must be deemed to the child. See MA-2260, Financial Eligibility Regulations – PLA. Do not count (or deem) the assets of the parents if: 1. The parent(s) receive SSI, Work First, or CAP. 2. The child has been out of the parents’ home for more than one month, (Beginning with the 2nd month do not count the parents’ resources. See MA 2260, Financial Eligibility Regulations – PLA, I.A.2.) or 3. The child is approved for CAP services (Community Alternatives Program). IV. AVAILABILITY OF RESOURCES Only count a resource if it is available to the a/b. Available means that the a/b can access and use the resource. Resources of a financially responsible spouse or parent may also be countable (See III. above). This section provides information on how to determine if countable resources held by the applicant/beneficiary or financially responsible person are available for the a/b’s use. A. General Policy Rules 1. Except as stated in 2. – 4. below, Resources a. Held solely by the a/b are considered available for the a/b’s use. b. Held by a financially responsible spouse or parent are considered available and may be counted in determining the a/b’s eligibility. See MA-2260, Financial Eligibility Regulations – PLA, for instructions. 2. Resources are considered available unless the a/b or financially responsible person shows evidence of legal restraints such as judgments, estates, boundary 12
disputes, or legally binding agreements. 3. Resources may not be available if the a/b or financially responsible person is incompetent. Refer to VI. below. 4. The a/b or individual acting on his behalf is responsible for providing evidence that resources are not available. B. Shared Ownership of Resources 1. A/B and Financially Responsible Spouse/Parent Countable resources owned jointly by the a/b and a financially responsible individual are available to the a/b when determining eligibility. Joint ownership of real property by persons who are not married is tenancy-in common. (Spouses my also own real property as tenants-in-common, but absent a legally binding agreement to that effect, joint ownership of real property by spouses is as tenants-by-entirety. Refer to Definitions Relating to Real Property, in VII below. NOTE: Tenancy-in-common interest in real property is not countable. Do not count it even if owned by financially responsible individuals. Refer to MA 2240, Transfer of Assets, for policy on sanctioning transfers of tenancy-in common interest in real property. 2. Individual Who is Not Financially Responsible Countable resources owned jointly by the a/b or financially responsible spouse/parent with an individual who is not financially responsible may be available to the a/b. a. Other Owner Receives Public Assistance If the owner(s) are beneficiaries of Medicaid, Work First Family Assistance (WFFA), Special Assistance (SA) or SSI: (1) If there is no legally binding agreement specifying the share of the resources owned by each individual, divide the value of the asset equally among the owners and count the resulting amount as available to the a/b, or (2) If there is a legally binding agreement specifying the share of the resources owned by each individual, count the value of the share specified for the a/b or financially responsible person. (3) Evaluate for transfer if resources are held jointly with a child for whom the A/B does not have financial responsibility. 13
b. Spouse of Financially Responsible Parent If the other person is the spouse of the financially responsible parent (the a/b’s stepparent) and does not receive Medicaid, WFFA, SSI, SA, or CAP: (1) The value of liquid assets/personal property owned jointly by the financially responsible parent and his spouse is available and a portion may be deemed to the child a/b (see MA-2260, Financial Eligibility Regulations – PLA) if: (a) The financially responsible parent can dispose of the assets/property without the consent and participation of the spouse, or (b) The spouse agrees to and, if necessary, participates in the disposal of the assets/property. (2) Unless specific shares have been specified by a legally binding agreement, one-half of the value of real property jointly owned by the financially responsible parent and spouse are available and a portion may be deemed to the child a/b (See MA-2260, Financial Eligibility Regulations – PLA.) if: (a) The parent can dispose of the property without the consent and participation of the spouse, or (b) The spouse agrees to and, if necessary, participates in the disposal of the property. (3) If there is a legally binding agreement specifying that a share of the property is owned by the financially responsible parent, that portion of the resource is available to the parent and can be deemed to the child if: (a) The parent can dispose of the property without the consent and participation of the spouse, or (b) The spouse agrees to and, if necessary, participates in the disposal of the property. c. Other Owner is Not a Spouse If the other person is not a spouse of a financially responsible parent and does not receive Medicaid, WFFA, SSI, SA, or CAP the assets are available if: (1) The a/b or financially responsible person can dispose of the asset without the consent or participation of the other owner, or 14
(2) If the consent/participation of the other owner is required, he agrees to and, if necessary, participates in its disposal. NOTE: Joint ownership of real property by persons who are not married is tenancy-in-common. These interests are not countable. (Spouses may also own property as tenants-in-common, but absent a legally binding agreement to that effect, joint ownership of real property by spouses is as tenants-by-entirety. Refer to Definitions Relating to Real Property, in VII below.) 3. Obtaining Consent If the a/b or financially responsible person jointly owns a resource with a person who is not financially responsible for the a/b and it requires the consent and participation of the other owner to dispose of the resource, verify with the other owner if he will consent to and participate in disposing of the resource. This situation may occur when spouses own property as tenants-by-entirety but a separated and property division has not been accomplished. It may occur when a liquid asset requires the signatures of two persons to be accessed. NOTE: The consent and participation of other tenants-in-common is not required for another tenant-in-common to dispose of his tenancy-in-common interest in real property. a. Application Requirements If the other owner: • Consents to disposal - count the resource. • Refuses to dispose - do not count the resource. • Does not respond or cannot be located - do not count. Follow policy in MA-2304, Processing the Application, that is related to inability to locate the applicant before excluding the resource. Document all attempts to locate. If you learn of the other owner’s death, contact his family to determine the disposition of the resource and who, if anyone, is the current owner. NOTE: Refer to MA-2304, Processing the Application, for notice requirements. b. Redetermination/Change in Situation Requirements (1) Attempt to re-verify the other owner’s willingness to consent or participate. Allow 12 calendar days for the other owner to respond. 15
(2) If no response is received from the other owner, notify the beneficiary that the other owner’s response is required. Allow the beneficiary 12 calendar days to provide the information. If the information is not provided, send timely notice proposing termination for excess resources. C. Additional Circumstances Affecting Availability An asset may be unavailable to the a/b because of an unsettled estate, resulting trust, or alleged incompetence. 1. Unsettled Estate Verify if the a/b or financially responsible spouse/parent has a legal right to an asset if it is part of an unsettled estate. Assets are normally unavailable until the estate is settled (probated). a. Contact the Clerk of Court to determine availability. NOTE: Liquid assets may be available earlier if the account was joint with “right of survivorship” held by a/b. Contact the financial institution for verification. b. An estate which has been filed for probate is normally open up to 12 months unless there is a continuation approved by the Clerk of Court. Document the date at which the estate should be probated and contact the Clerk of Court later to verify availability. 2. Resulting Trust/Legally Binding Agreement Assets may not be available if there is a pre-existing agreement in which the a/b holds assets for another party but does not have an ownership interest. This pre-existing agreement is called a “resulting trust” or is sometimes referred to as a “legally binding agreement.” See V. below for procedures to evaluate a resulting trust/legally binding agreement. 3. Incompetency When countable resources exceed the allowable limit and it is alleged that the a/b is incompetent, assets may be excluded until a determination of competence can be completed. See VI. below for procedures when incompetence is alleged. D. Transfer of Assets When the a/b or the a/b’s spouse is requesting or receiving assistance with a nursing facility or intermediate care facility for the mentally retarded, inappropriate level of care bed in a hospital, CAP waiver programs, or Program of All-Inclusive Care for the Elderly (PACE), and the a/b, or a/b’s spouse, or legal guardian/POA makes a 16
resource belonging to the a/b or a/b’s spouse unavailable, evaluate for transfer of assets. Evaluate at each application, redetermination and applicable change in situation. Refer to MA-2240, Transfer of Assets. E. Applicant/Beneficiary Defrauded When it is determined that an a/b has been defrauded, i.e., the legal guardian/POA has taken an asset but refuses responsibility for the consequences, make a referral to Adult Protective Services for investigation. 1. Determine eligibility, excluding the assets in question. 2. Refer to MA-2240, Transfer of Assets, to determine how fraud affects the a/b’s eligibility. F. Marital Separation, Prenuptial, and Postnuptial Agreements The terms of these agreements do not take precedence over Medicaid availability rules. Count the resources according to policy in IV. A. through E. EXAMPLE: A prenuptial agreement specifies that savings and property owned by Mrs. Jones prior to marrying Mr. Jones are unavailable to him. This agreement does not matter should Mr. Jones apply for Medicaid. Count Mrs. Jones’ assets when determining eligibility. G. Documentation Attempt to obtain a copy of existing legal documents related to availability. These documents provide leads and help determine ownership interest or legal right to sell. The following chart lists types of documents and their possible effect on availability for determining Medicaid eligibility. Documentation Possible impact on availability Separation agreement, Prenuptial agreement, Postnuptial agreement No impact – follow Medicaid rules. Divorce decree with property If a/b’s ownership interest is taken away by a settlement, divorce decree, the asset is unavailable. Will Liquid and personal property assets are unavailable until released by the Clerk of Court. Deed A signed deed is a valid document to consider for availability of real property. A deed of gift must be registered within two years from the date it is signed to remain valid. See VII.C.3. Only the court can “set aside” a valid deed. Court Orders Refer all court orders which contradict availability rules to 17
Division of Health Benefit (DHB) Member Operations Unit 919-813-5340 (phone) 919-224-1070 (fax) 18
V. RESULTING TRUSTS/LEGALLY BINDING AGREEMENTS A. Policy Rules 1. It is presumed that a resource owned by an individual is also available to him, unless there are circumstances which make the resource unavailable. 2. The terms of a divorce decree, will, deed, court order, resulting trust or legally binding agreement may cause a resource technically owned by an individual to be unavailable to him. 3. A resulting trust exists when a person has a resource in his own name but is holding it for the benefit of another person and he: a. Retains no legal interest in the resource, and b. Will not benefit from the disposal of the resource. 4. If the a/b or a person financially responsible for the a/b alleging that a resource is held in trust for someone else continues to retain a legal interest in the resource and/or will receive the proceeds from the disposal of the resource, it is not considered to be held in trust for someone else and is a countable resource. 5. If the a/b or a person financially responsible for the a/b claims a resource is not available because of a resulting trust/legally binding agreement, he must cooperate by presenting necessary documentary evidence to show that the resource is unavailable. 6. A legally binding agreement may be either a written or a verbal contract. The evidence must be sufficient to: a. Convince others of the validity of the agreement, b. Show that the agreement existed at the time of the purchase/deposit of the resource, and c. Show that the legal title holder holds the resource/property in trust for the party applying the purchase price or making the deposit. B. Procedures 1. When a resource is apparently owned by an individual who has applied for Medicaid, determine whether it may not be actually available to him because of a legally binding agreement or resulting trust. a. Written Contract (1) Review the contract and determine if it affects the availability of the 19
resource. (2) Determine the intent and terms of the agreement between parties, including the type of resource, the date of the contract, reason for its existence, and specific terms of the agreement. (3) Contact the county or agency attorney if there are questions regarding the terms or validity of the written contract. b. Verbal Contract/Agreement Ask the a/b to submit 2 different types of the following evidence: (1) Written statement(s)/affidavit(s) from the parties involved in the verbal agreement: (a) Giving the type of resource, (b) The intent and terms of the agreement, and (c) Describing the involvement of the parties to the agreement. (2) Canceled checks or receipts for payments on a mortgage, loan, etc., showing who is making payments on the resource, (3) Letter(s) or statement(s) from finance companies, banks, credit unions, loan officers, automobile salespersons, insurance companies or agents, or others identifying the type of resource and supporting claims that the resource is held for another individual who is making payments on the resource, or (4) Written statements from at least 2 knowledgeable persons: (a) Identifying the type of resource, and (b) Giving the circumstances surrounding ownership, and (c) Availability of the resource and the basis for their knowledge. c. Real Property (1) Contact the county attorney to request assistance in determining availability if the resource in question involves real property. (2) Only a court can set aside a deed to real property. d. Liquid Assets/Bank Accounts Obtain the following documentation for a bank account the a/b alleges is in his 20
name only for check cashing purposes or because the other individual needs the a/b or financially responsible person’s name on the account in the event of absence, illness, or for other reasons: (1) Primary Verification A written statement from each individual whose name is on the account, attesting to actual ownership of the funds and why the a/b’s or financially responsible person’s name is on the account. (2) Alternative Verification A statement regarding the ownership of funds from the a/b or financially responsible person and one other knowledgeable source, such as: (a) The parties involved in the agreement, (b) Finance companies, banks, credit unions, loan officers, automobile salespersons, insurance companies or agents, or (c) An individual who knows the circumstances surrounding ownership and availability of the resource. e. Motor Vehicles Obtain the documentation in (1) below and one of documents listed in items (2), (3), and (4), below for a motor vehicle in the name of the a/b or financially responsible person who alleges that he is not the owner: (1) Written statement(s) or affidavit(s) from the a/b and the other party(ies) involved in a verbal contract: (a) Giving the intent and terms of the agreement and the involvement of the parties to the agreement, and (b) Stating that the true owner, who is not the a/b or financially responsible person, makes monthly payments on the vehicle and pays the insurance premiums or taxes on the vehicle. (2) Cancelled checks or receipts for payments on a loan, etc., showing who is making payments on the vehicle. (3) Letter(s) or statement(s) from finance companies, banks, credit unions, loan officers, automobile salesmen, insurance companies or agents, or others supporting claims of the cost or of responsibility for the vehicle. 21
(4) Written statements from at least 2 knowledgeable sources as to the circumstances surrounding ownership and availability of the vehicle. Include the basis for their knowledge. 2. Do not count the resource for the a/b who shows by the evidence that it is held in trust for another individual. 3. If the other individual applies for Medicaid, it must be counted as a resource for that individual. VI. INCOMPETENCY A. General 1. Resources owned by or in which the a/b or person financially responsible for the a/b has a legal interest are not available to the a/b if: a. The a/b or person financially responsible for him who owns countable resources is alleged to be incompetent and has no legal guardian or someone with previously established durable power of attorney (POA) to make the resources available, or b. He has a legal guardian/POA who does not act to make the resources available. 1. If an a/b does not have resources that exceed the resource limit, incompetence is not an issue. 2. When an a/b has excess resources and he is alleged to be incompetent or has been ruled incompetent by a North Carolina court, use the following policy to determine if the resources may be excluded. B. Definitions 1. Incompetent Adult “Incompetent adult” means an adult or emancipated minor who lacks sufficient capacity to manage the adult’s own affairs or to make or communicate important decisions concerning the adult’s person, family, or property whether the lack of capacity is due to mental illness, mental retardation, epilepsy, cerebral palsy, autism, alcoholism, senility, disease, injury, or similar cause or condition. 2. Guardian of the Estate A guardian of the estate which may be appointed by a court permanently, or for an interim period of time, allows the lawfully appointed guardian to act on behalf of the incompetent individual in any state where resources belonging to the individual are located. Court approval is needed for disposition of real property. 3. Guardian of the Person 22
A court may appoint a guardian of the person to take care of an individual’s personal needs. The guardian of the person does not have authority to access resources of the individual. 4. General Guardian A general guardian is a guardian of both the estate and the person. He can access the individual’s assets. 5. Interim Guardian An interim guardian is appointed only to handle an immediate crisis or need before an incompetence hearing process is completed. Interim guardianship may be of the person, the estate, or a general guardian. He may be able to access the individual’s assets if the court so orders. Examine the order appointing the interim guardian to determine his authority. 6. Durable Power of Attorney a. A durable power of attorney is a document by which an individual grants authority to (an) other individual(s) to serve as his attorney-in-fact to act on his behalf in legal matters. b. It must be executed when the individual granting the POA is fully competent, and it remains valid after incompetence occurs. c. It must be registered with the Register of Deeds with a copy provided for the Clerk of the Court for accounting purposes. d. The date of execution of the document must predate the onset of incompetence. e. If the power of attorney does not meet these criteria or is otherwise determined by the court to be invalid, the resources of an incompetent person are not available until a guardian is appointed and, for real property, until the court approves the sale. (See VI.D.6.b.) 7. General or Limited Power of Attorney a. A general or limited power of attorney authorizes one or more persons to act in the absence of the person granting it. b. It ends if the individual becomes incompetent. The resources become unavailable at this point until a guardian is appointed and, for real property, until the court approves the sale. C. Policy Rules 1. Otherwise countable and available/accessible resources, held solely or jointly by an allegedly incompetent a/b, are exempt prior to a formal declaration of 23
incompetence, appointment of a guardian, and, for real property, court approval of sale if: a. A written statement as described in VI.D.1.c., below, from a knowledgeable source supports the allegation of incompetence, and b. The a/b is allegedly incompetent for a period of at least 30 consecutive days or until his death (whether or not 30 days has elapsed since the period of incompetence began), and NOTE: If applicant has not yet been incompetent for 30 days hold application for the 30 day period. c. The resources cannot be accessed on behalf of the a/b because: (1) He has no legal representative/guardian/durable POA, or (2) His legal representative/guardian/durable POA is unable, fails, or refuses to act to make the resources available. 2. Incompetency for Medicaid eligibility purposes may be: a. Alleged by someone who is in a position to know, as indicated in VI.D.1.b., below, or b. Formally declared by a North Carolina court. 3. Incompetency may be alleged at any time including, but not limited to: a. During the application/redetermination process, or b. When an a/b receives new resources, or c. When unreported resources are discovered, or d. When a change in situation causes a previously exempt resource to become countable, or e. When the value of a resource increases; or f. When the a/b’s medical condition changes. 4. Exclude otherwise countable resources of an allegedly incompetent individual if a representative has not been previously established who is legally authorized to act on the incompetent individual’s behalf in legal matters, including accessing his resources. 5. For purposes of Medicaid eligibility, a formal judgment of incompetence is not required if the a/b has previously executed a valid durable power of attorney and 24
his attorney-in-fact is able and willing to act in the a/b’s behalf. See definition in B. above. a. Resources held by the incompetent a/b with a valid durable POA are considered available and countable, unless b. below applies. b. If the durable POA is unable or unwilling or otherwise fails or refuses to act on the a/b’s behalf to make the resources available, the resources are unavailable, but a legal guardian of the estate must be established for the a/b. See VI.D.1 and 4 below for procedures. 6. When the a/b has been formally declared incompetent by a North Carolina court and a guardian of the estate has been appointed by the court, resources are available under certain conditions described in procedures below. D. Procedures – Incompetence 1. Alleged Incompetence Inform the family member or representative of an a/b who may not be competent, including a public agency acting on the a/b’s behalf, that: a. Otherwise countable resources may be exempt for a certain period of time if the a/b is alleged to be incompetent for a period of at least 30 consecutive days or until his death, (whether or not 30 days has elapsed since the period of incompetence began) and (1) The a/b does not have someone legally authorized to act on his behalf to access his resources, or (2) His legal representative/guardian/durable POA is unable, fails or refuses to act to make the resources available, and b. The alleged incompetence is supported by the written statement, or testimony at an incompetency hearing, by one of the following: (1) A physician, or (2) A nurse, social worker, or psychologist, and c. The statement/testimony includes (1) An explanation of the reasons the a/b is believed to be incompetent, such as medical conditions or diagnoses, and (2) The approximate onset of the alleged incompetence, and (3) Ending date of alleged incompetence, if the person has improved, and 25
(4) The basis for the knowledge or opinion of the individual alleging the incompetence. 2. Exclude Resources Exclude all resources, beginning with the first month for which assistance is requested: a. For all months that the evidence as defined in VI.D.1.b.& c., above, clearly shows that the a/b was incompetent, or b. Until one of the following occurs: (1) A North Carolina court rules that the a/b is incompetent and appoints a guardian of the estate or general guardian, and, in the case of real property, court approval of a sale has been obtained (See VI.D.6.b.), or (2) The court rules that the a/b is not incompetent, or (3) The court dismisses the case because of the death or recovery of the a/b. 3. Requirement to Formally Establish Incompetence Inform the a/b’s family or representative that steps must be taken to establish the a/b’s incompetence formally in a North Carolina court. If the a/b’s representative states that he is willing and able to act on the a/b’s behalf, explain that: a. All documents and petitions necessary to have the a/b formally declared incompetent must be filed with a North Carolina court in order to have a guardian of the estate or general guardian appointed by the court, and b. The necessary legal documents must be filed with the court within 30 calendar days of the latter of: (1) The date of application for Medicaid, or (2) The discovery of a previously unreported resource or receipt of a new resource in an ongoing case. 4. Referral for Guardianship Services Refer the case to the county dss director’s designee in the services unit at any point that the a/b’s representative: a. Requests guardianship services, or b. If the family or representative pursues guardianship, but only guardian of person is appointed, or 26
c. Is offered and accepts the assistance of the dss in filing the necessary legal documents, or d. States that he is unwilling or unable to file the necessary documents, or e. Refuses to participate or cooperate in the court proceedings required to make the resources available to the a/b, or f. Fails to take the necessary steps outlined in VI.D.3., above, within 30 calendar days of contact by the IMC regarding his responsibilities. NOTE: The County is to always pursue general guardian or guardian of the estate. 5. No Ruling of Incompetence Count resources at the beginning of the next month if: a. The court finds that the a/b is competent, or b. The court dismisses the case because of the death or recovery of the a/b, or c. The services unit determines that guardianship is not the appropriate alternative to meet the a/b’s needs. (1) Document the period of alleged incompetence, beginning and ending dates or date of death, as indicated in VI.D.1.c. above, or (2) Document that prior to the date of a finding of competence the a/b’s medical condition substantially improved. 6. Incompetence Is Established by the Court When a formal declaration of incompetence has been determined by a North Carolina court and a general guardian or guardian of the estate appointed, regard the resources as follows: a. Count liquid resources and personal property resources beginning with the first day of the month immediately following the month in which the legal guardian is appointed. b. Count real property resources only after the Court has given final approval for sale of the property. (1) Inform the guardian that he must petition the Clerk of Court for approval to dispose of or convert the real property resource. (2) Count the value of the real property resource on the first day of the 27
month immediately following the month in which the Court issues an “Order Confirming Sale”, unless the guardian has taken steps to exclude it by converting it to an exempt resource. (3) The “Order Confirming Sale” is a document issued to the guardian authorizing final sale of the property and must be signed by the Clerk of Court and a Superior Court Judge. It is only issued after a sales contract has been executed and no further bids have been received during a period of time allowed by the Court. 7. Failure of Legal Guardian to Act a. If a legal guardian fails to access liquid resources or fails to begin the process to access real property for the a/b’s use within 30 calendar days of appointment, make a referral to the county director’s designee. b. The county director’s designee must: (1) Determine if the guardian is acting in the a/b’s best interests, and (2) Inform the IMC either that the present guardian is acting in the a/b’s best interests or that a new guardian must be appointed. c. The director’s designee must make a referral to the Clerk of Court for intervention if he determines that the a/b’s interests are not being served or are questionable. d. Continue to exclude the resources until the Clerk of Court acts to appoint a new guardian. e. Count the resources as described in VI.D.2.b., above, if the director’s designee determines that the a/b’s best interests are being served or if the Clerk of Court appoints a new guardian. 8. Documentation a. File copies of the durable power of attorney and/or order of guardianship in the a/b’s case record. b. File copies of documents to show that all required steps have been taken to establish formal guardianship and that the guardian has taken the necessary actions to make the a/b’s resources available. 9. Computation of Countable Resources a. Exclude all resources for any month or portion of a month for which assistance is requested and there is documentation that the a/b is not competent to access his resources. 28
b. Count all resources that are available to the a/b either because he has recovered sufficiently to access his resources himself or because of the appointment of a legal guardian of the estate who has authority to access his resources, beginning with the first day of the month following his recovery or the appointment of a legal guardian (and in the case of real property, court approval of sale). VII. REAL PROPERTY ASSETS Real property consists of land and any attachments such as dwellings and other buildings. Property other than the home site may be a countable resource unless it can be excluded for one of the reasons in VII.A. below. Please review the following for definitions of types of ownership and property interest. Single Ownership – Property owned by one individual. Tenancy-By-Entirety Property owned jointly by husband and wife. Most property owned by a husband and wife is held by them as tenants-by-the-entirety. If the conveyance of the property is made to the couple during the marriage, they hold the property as tenants-by-the-entirety even if it is not specifically stated in the deed. If the couple divorces, the tenancy-by-the-entirety is dissolved and the former spouses become tenants-in-common of the property and either person can market his half-share. Legal separation does not dissolve tenancy-by-the-entirety. Tenancy-In-Common Property owned jointly by two or more individuals who generally are not husband and wife. Property owned by 2 or more persons who generally are not married to one another or given to 2 or more persons by gift, will, or by intestate succession is held as tenancy-in-common. These related or unrelated persons have an undivided fractional interest in the whole property for the duration of the tenancy. An individual owner may sell or give his individual interest in the property to another without the consent and participation of the other owners, and he may file suit with the court for partition of the property. Though property owned jointly by husband and wife is owned by tenancy-by-entirety, a legally binding agreement can be made that creates tenancy-in-common between husband and wife. Life Estate Interest An individual may transfer his property to another and retain certain rights in the property, such as the right of possession and use of the property, the right to obtain profits from the property, and the right to sell his life estate interest for his lifetime. Its duration is measured by the lifetime of the tenant or of another person, or by the occurrence of some specific event, such as remarriage of the tenant. The contract establishing the life estate may restrain one or more rights of the individual. He does not have title to the property, and he does not have the right to sell the property. 29
Remainder Interest Upon the death or occurrence of a previously designated specific event of the life estate holder, the remainder interest holder ("remainder man") will hold full title in fee simple. An owner of real property may designate several individuals as remainder men who would hold ownership in common by will or agreement. The remainder man can generally sell his remainder interest in the property during the life estate holder's tenancy. Fee Simple Interest The owner(s) who hold(s) a fee simple title to the property has no restrictions or limitations on that ownership. The owner(s) may sell or transfer the ownership interest without time conditions imposed by others. Dower rights A type of life estate interest once granted to a widow in her husband's real property. If the a/b has a dower interest in real property it is probably life estate only. If questionable, consult with county attorney. Property agreement A pledge, or security of a particular property, for the payment of a debt or the performance of some other obligation within a specified time. On real property usually called mortgage, land contract, deed of trust, or promissory note. On personal property known as, chattel mortgages. A. Non-Countable Real Property Exclude the following when determining countable resources: 1. The Home site - equity of the home site used as the a/b principal place of residence is not counted. An a/b can have only one home site exclusion. a. The home site is any property in which the a/b or financially responsible person has an ownership interest and which is used as his principal place of residence. b. The home site may be either real or personal property, fixed or mobile, and located on land or water (i.e. motor home, houseboat). NOTE: If the a/b requests institutional services, see MA-2242, Home Equity Value & Eligibility For Institutional Services. c. Do not count the value of the home site if one of the following is true: (1) It is the a/b’s (or financially responsible person’s) principal place of residence. (2) The a/b (or financially responsible person) is not currently living in the home, but his legal spouse or his dependent relative lives there, regardless of whether the spouse or dependent relative lived there 30
when the a/b left the home. (a) Dependency may be of any kind. The relative may depend on the a/b for housing, financial support, food, clothing etc. Accept the a/b’s statement or if the a/b is unable to state his intent, the written statement of his representative (guardian, power of attorney, spouse, or Medicaid representative as defined in MA 2301, Conducting a Face-to-Face Interview, II.B.) regarding who lives in the home and their dependency. (b) Relative means the following: • Natural child, adopted child, stepchild, grandchild; • Parent, stepparent, grandparent; • Aunt, uncle, niece, nephew; • Brother, sister, stepbrother, stepsister, half-brother, half- sister; • Cousin, or • In-law. (c) The written statement must specify: • Who lives in the home, • How they are related, and • How the person is dependent on him. Complete the DMA-5160, Statement of Spouse or Dependent Relative in The Home, and file the completed and signed form in the Medicaid case record. (3) The a/b (or financially responsible person), spouse, or dependent relative does not live in the home, but the a/b (or financially responsible person) states in writing his subjective intent to return home. The term “subjective intent” means that it is his intent, regardless of the circumstances of his absence from the home, to return home.) If the a/b is unable to state his intent, obtain the written statement of his representative (guardian, power of attorney, spouse, or Medicaid representative as defined in MA 2301, Conducting a Face-to-Face Interview, II.B.). d. If an a/b (or financially responsible person) has left his home and it is not excluded under VII.A.1.c., it ceases to be his home site the month after he leaves the home. It remains the home site during the month he leaves. e. Once ownership is established by the a/b or financially responsible person in a new principal place of residence, the former principal place of residence becomes non-home site property. 31
f. Temporary Absence from the Home by the Spouse or Dependent Relative The home site remains excluded if the spouse or dependent relative is out of the home but intends to return. (See VII.A.1.c.(3) and VII.A.2.) g. Exclude the home site when the home is damaged or destroyed by disaster and the a/b intends to repair/rebuild and return. Accept his statement of intent to repair/rebuild and return. h. Home site out of state – Exclude the home site of a person who is in North Carolina with North Carolina residence (For example he is here for employment purposes, in an nursing facility or staying with a family member for an indefinite period of time.) if any one of the criteria in VII.A.1.c. is met. 2. Intent to Return Home NOTE: Refer to MA-2242, Home Equity Value & Eligibility For Institutional Services. Do not count the value of property that was the a/b’s home site if he states his subjective intent to return to the home. (The term “subjective intent” means that it is his intent, regardless of the circumstances of his absence from the home, to return home.) Do not consider other factors, such as the a/b’s age or physical condition, condition of the home or whether it is currently rented, or other circumstances when determining intent to return home. If he is mentally competent, age and physical condition are not factors in evaluating intent. The time of return may be indefinite, and there is no time limit on this exclusion. (See c. below if the a/b is unable to make a statement or makes a self-contradictory statement.) a. Verify at application and each redetermination the a/b’s intent to return home. Use the DMA-5159, Statement of Intent to Return Home. File the completed and signed form in the Medicaid case record. Always accept the a/b’s statement unless it is self-contradictory or the a/b has been determined legally incompetent. If the statement is self- contradictory or the a/b is incompetent, refer to c. below. b. If the a/b is competent and his statement is not self-contradictory, the statement supersedes all other statements made by any other individuals. Do not request statements of others as to the a/b’s intent and ignore any that are volunteered. c. If the a/b’s statement is self-contradictory, he is legally incompetent, or if he is unable to make a statement, obtain the signed statement (See VII.A.2.a.) from his representative (guardian, power of attorney, spouse, or Medicaid representative as defined in MA-2301, Conducting a Face-to 32
Face Interview, II.B.), as to the a/b’s intent to return home. Examples of self-contradictory statements: “Sometimes I want to go home and sometimes I don’t.” “I intend to go home, but I want to stay here.” “Yes, I want to go home, but I really don’t know if I should.” 3. Property Contiguous to the Home site – All or some of the tax value of property contiguous to the home site and the buildings located on that property, regardless of value, is excluded. a. Contiguous means a shared boundary. (1) Contiguous property is real property with boundaries that touch the principal place of residence. (2) The presence of streets, roads, lakes, rivers, or streams is to be disregarded in determining whether property is contiguous. b. If the a/b or financially responsible person has an ownership interest in the principal place of residence, the value of all contiguous property is excluded from countable resources. This is part of his home site and is excluded from countable resources as such. c. If the a/b or financially responsible person has no ownership interest in the principal place of residence but does have ownership in the contiguous property, exclude up to $12,000.00 in the tax value of contiguous property. Refer to VII.B.1. below, to determine that portion that is countable. This exclusion is separate and apart from the home site exclusion. 4. Non-Countable Ownership Interests Do not count the following types of ownership interest in real property: a. Life estate interest in real property. NOTE: Income produced from a life estate is countable to the life estate holder regardless of who receives the income. b. Remainder interest if there is more than one remainder holder, unless the remainder interest is owned by a married couple as tenancy by the entirety. c. Tenancy-in-common ownership in real property, including tenancy-in common remainder interest. (Refer to MA-2240, Transfer of Assets, for possible sanctions resulting from a transfer of tenancy-in-common interest in real property.) 33
5. Non-Home site Property Which Meets Current Use Requirements Property that meets the home site exclusions in VII.A.1., 2., 3. does not have to meet the current use requirements. If “currently in use” for certain purposes, property may be excluded. a. If the non-business property produces a net annual income of at least 6% of its equity, as calculated by the 6% test in Item IX., exclude up to $6,000 in its equity. The 6% income requirement may be waived if the lower return is for reasons beyond the a/b’s control. (See IX.H.2.) Non-business property cannot be made income-producing for a period of time which has already passed if there was no prior arrangement. Real property that is excluded as the home (See VII.A.1., 2., and 3.) or that is otherwise excluded, may produce income. However, it is not subject to the 6% income test. b. Property Used in Trade or Business (e.g. a family farm) The property is excluded if actively involved in a trade or business regardless of value and amount of profit. However, it must be in current use as trade or business property or, if not in use for reasons beyond the individual’s control, there must be a reasonable expectation that the required use will resume (Refer to VII.A.5.d.). The property maybe excluded if used in trade or business when: (1) Active involvement exists—the a/b or financially responsible person must be actively involved in the business operation on a day to day basis. The information reported on the Schedule E, Supplemental Income and Loss, should be checked to determine whether the individual is actively engaged in the business. If the income is listed as Non-Passive Income (27k), the individual is actively engaged in the business. If it is listed as Passive Income (27h), he is not actively engaged in the business. (2) Consider the following when determining if a trade or business exists in newly formed LLC’s and/or questionable situations: • Does the IRS regard it as a trade or business? • Does the individual have documents to support the claim of trade or business? Examples include tax reports/returns SS-4. • Does the individual have business licenses, permits, registration? • Is the individual a member of a business or trade association? 34
• The good faith intention of making a profit or producing income. • Continuity of operations, repetition of transactions, or regularity of activities. • Regular occupation. • Holding out to others as being engaged in the selling of goods or services. (3) Verification Obtain a copy of the business tax return (i.e., Form 1040 and the appropriate Schedules) for the tax year prior to the application or redetermination. If the current tax return is not available, obtain a copy of the latest tax return or business records. Obtain the a/b’s statement describing the trade or business, business assets and the number of years in business. c. Property Used to Produce Goods/Services for Home Consumption Exclude up to $6,000 equity in non-business real or personal property used to produce goods or services solely for home consumption (i.e. land or equipment used to produce vegetables or livestock solely for home consumption). There is no requirement that the property produce a certain rate of return. (1) The equity is the tax value less any encumbrances on the property. (2) From the equity, deduct $6,000. The remainder is a countable resource. This $6,000 exclusion is separate and apart from the $6,000 exclusion of non-business income producing property that produces a net annual income of 6% of its equity. EXAMPLE: A/b owns 10 acres and uses 1 acre and a tractor to grow food - exclude the tractor and one acre in determining the equity value. The equity value in the acre is $3,000, and the equity in the tractor is $1,500. The total equity is $5,500, which is less than $6,000. The equity of the acre and the tractor is excluded. d. Property Which Does Not Meet Current Use Requirements Exclude property which does not meet current use requirements in a. c. above if: (1) It has been in use within 12 months, and (2) That use will resume within 12 months. 35
6. Burial Spaces Burial spaces include grave sites, crypts, mausoleums, urns, or other repositories customarily used for the remains of a deceased person. Exclude the value of all burial spaces owned by the a/b or person financially responsible for the a/b in determining eligibility for MAABD, MQB-Q, MQB-B, MQB-E, and MWD. 7. Rights of Use The a/b or financially responsible spouse/parent(s) may own rights of use in non-business real property. Rights of use are tied to land or the natural resources of land and may have countable value separate from the land. Exclude $6,000 in equity of the right of use, if owned separately from the land by the a/b if it meets the 6% income producing criteria. NOTE: Land is also income-producing if the a/b owns the land and rents or leases a right of use which produces net income. Up to $6,000 in equity in the land is excluded if it produces a net annual income of at least 6% of its equity based on criteria in Item IX. Types of rights of use: a. Mineral Rights – ownership interest in certain natural resources, such as coal, oil, sulfur, gas, etc., coming from the ground. b. Timber Rights – ownership of timber growing on land, with or without ownership of the surface of the land. c. Hunting or fishing rights d. For every one acre of a farm’s tobacco allotment, two acres of cleared land are tied to the tobacco allotment. EXAMPLE: Farmer allotted 5 acres of tobacco. Farmer must have 10 (2X5) acres of cleared land. e. The a/b may provide verification from the Tobacco Transition Payment Program of a different number of acres than the common 2:1 ratio. f. Exclude up to $6,000 of equity in real property that is tied to a tobacco allotment (not already excluded due to being contiguous to the home site) if (1) The allotment is rented to another individual, and (2) The income produced by the tobacco allotment produces a net annual income of 6% of the equity in the acreage tied to the 36
allotment. Refer to IX. below for determining if the property meets the 6% income test. g. If an individual rents his tobacco allotment to someone else, consider the rental payment as annual rental income. Prorate for 12 months to determine monthly income. 8. The Tobacco Transition Payment Program (TTPP) On October 22, 2004, Congress enacted the “Fair and Equitable Tobacco Reform Act of 2004” which repealed the tobacco quota system for certain types of tobacco grown in the United States and provides for compensating tobacco quota owners and quota growers with the value of lost quota. USDA established the Tobacco Transition Payment Program (TTPP), also known as the Tobacco Buy-Out. TTPP allowed eligible quota owners and quota growers who apply for the program to receive annual installment payments over a 10 year period (2005-2014) as compensation. The TTPP does not provide a lump sum payment instead of the installment payments, however effective October 14, 2005, it allows the quota owner/grower to enter into an assignment or successor-in-interest contract with an approved financial institution and receive a discounted cash payment in exchange for the installment payments. The successor-in-interest option to sell to a family member was effective March 20, 2006. Note: An individual could have multiple contracts if he owned quota or grew eligible tobacco in different counties. Follow these procedures for the quota owners/growers participating in the TTPP: a. Determine if the balance of the tobacco allotment contract can be sold to an approved financial institution for a lump sum cash payment. Contact one of the approved financial institutions listed on the National Tobacco Processing Center Participant List website at: http://www.fsa.usda.gov/Internet/FSA_File/siimasterlist2007.pdf and document the following. (1) Quota Type, Grower or Owner (2) Name of TTPP Contract Holder (3) Financial Institution Contacted (4) Date of Contact (5) Name/Title of Individual Contacted (6) Telephone Number (7) Outcome- Whether Contract is Salable or Not Salable The caseworker must document this information in the record. 37
b. Once the balance of the allotment contract is verified as salable to an approved financial institution, the remaining discounted contract value is counted as a resource. (1) Determine the cash value of the TTPP contract by completing the following steps: (a) Does the quota holder have a copy of the Commodity Credit Corporation, CCC-960 document? If yes, using their CCC-960 document, verify his eligibility for the installment payments, whether the quota holder is a quota owner or a quota grower, and the total remaining amount payable in installment payments. If no, contact the local USDA office to obtain the pertinent information. A list of the local USDA offices is available at www.fsa.usda.gov. Click on “contact us” in the tool bar. On the next screen, scroll down to the heading, “County Offices” and click on “Locate the Service Center closest to you.” (b) Subtract from the total (10 year) amount due in installment payments the amount for all installment payments that the quota holder has already received or has assigned to a third party. (c) Apply the current month CCC maximum discount rate in effect to the installment payment balance remaining on the USDA contract. To obtain the monthly discount rate for each month in the current year, go to the USDA’s website at www.fsa.usda.gov. On the home page, click on “more” to the right of “News Releases: and scroll down to find the specific monthly release entitled, “USDA Announces CCC Lending Rates for (select month needed). To find monthly rates for previous years, on the home page enter the year in the “View News Releases by Year” field, and scroll down to the specific monthly release. Click on the item to open it. (d) To compute the discounted amount, subtract the CCC discount rate for the current month from 100 percent. Multiply the total amount due in installment payments times the remaining percentage. Example: Ms. Jade applied for Medicaid on 09/15/2008. During the interview, she provided a copy of her CCC-960 document, indicating a notification date of 01/04/2005, and states she has 6 installment payments remaining since she has received 4 payments. The contract total is for $8,888.00. 38
$8,888.00 divided by 10 payments equal $888.00 per payment. She has already received 4 payments totaling $3552.00. $8,888.00 minus $3552.00 equals $5,336.00 total for the remaining payments. The worker checks the USDA website for the current CCC maximum discount rate and determines it is 10 percent. 100 percent – 10 percent = 90 percent. The worker then multiplies $5,336.00 by .9 to determine the current resource value for the TTPP contract. $5,336.00 x .9 = $4,802.40. c. If the balance of the allotment contract for a tobacco quota owner has been verified as non-salable to an approved financial institution for a lump sum payment: (1) The annual payments received by the quota owner are counted as annual unearned income for the year in which they are received. (2) The annual payments received by the quota grower are counted as annual self-employment income in each year of receipt. Refer to MA-2250, Income. d. If you verify that the balance of the allotment contract has been sold to an approved financial institution by a tobacco quota owner, this is considered a conversion of a resource in the transaction month. If there is any cash payment remaining in the following month it is a countable resource. Any cash payment received from entering into an assignment or successor-in interest contract with an approved financial institution by a tobacco quota grower or those who rent the land is considered net earned self-employment income for the year in which the assignment or contract was completed. Refer to MA-2250, Income. Since each contract must meet the TTPP guidelines, the cash received is considered fair market value for the installment payments, and would not require an evaluation for a Transfer of Assets. Follow these steps for tobacco quota owners/growers who have entered into an assignment or completed a successor-in-interest contract to receive lump sum cash payment from an approved financial institution for the tobacco transition installment payments. (1) Verify that the Commodity Credit Corporation approved the assignment by obtaining a copy of CCC assignment form from the a/b or financially responsible person or by contacting the local USDA office. To verify a successor-in-interest contract, if a copy is not available from the a/b or financially responsible person, contact the National Tobacco Processing center at 1-800-673-2331. (2) Determine the parties involved, the amount assigned, and obtain a copy of the third party agreement between the a/b or financially 39
responsible person and the financial institution to verify the amount and when the cash payment was received. e. The TTPP does not apply the maximum discount rate to contracts made between a participating quota owner/grower with family members, transfers upon death of a tobacco quota owner or grower, individuals who entered into an assignment or successor-in-interest contract prior to 10/22/2004, and one year contracts made with TTPP approved financial institutions. Evaluate for a potential Transfer of Assets using fair market value. Refer to MA-2240, Transfer of Assets. f. For an assignment contract made with a third party in exchange for other property, the property obtained is a conversion of a resource in the month the contract is completed, and becomes the new resource as of the first moment of the month following the assignment month. Refer to MA-2240, Transfer of Assets, as a sanction may apply. 9. Uncleared Land, Woodlands, Forests Exclude up to $6,000 in equity as income-producing if the property meets the 6% net income criteria in Item IX. and: a. The a/b has a written contract to sell the timber on a specified date, AND b. The a/b can produce documentation that the timber is cut on a regular basis. Examples of such evidence include but are not limited to: • Old contracts for cutting/sale of timber, or • Evidence of purchase of seedlings for replanting of cut timberland, or • Statements of forest service personnel or other such officials that the individual is engaged in tree farming. 10. Property Agreements/Promissory Notes Exclude the value of any property agreement which is not legally negotiable (cannot be sold). This includes promissory notes, loan agreements, etc. (Refer to MA-2240 Transfer of Assets, IX.C.) a. Examine the terms of the agreement or note to determine if the owner has the legal right to sell his interest without the participation of the buyer/borrower. If salable, the note is a countable resource. b. If there is a clause which prevents sale or transfer of the note, it is not a countable resource. c. Contact the agency/county attorney for assistance if negotiability cannot be determined from the terms of the agreement. 40
d. Count any payments as unearned income. B. Countable Real Property The following are countable resources: 1. Property Contiguous to the Principal Place of Residence a. When the a/b or financially responsible person has no ownership interest in the principal place of residence but does have ownership interest in contiguous property, count the tax value of contiguous property in excess of $12,000. FOR EXAMPLE: An applicant lives in the home of his son. His son owns the house and lot. The applicant owns the lot next to his son. The applicant’s lot has a tax value of $30,000. Exclude up to $12,000 in tax value of the applicant’s lot. The remaining tax value, $18,000, is a countable asset unless otherwise excluded. Refer to VII.A. for exclusions. b. Property contiguous to the principal place of residence with a tax value of $12,000 or less is excluded. 2. Former Home site a. Count the former home site as a resource when it can no longer be excluded for reasons listed in A.1., above or cannot be excluded as income producing property. b. Transfer of home site or former home site Transfer of a home site or former home site, even after it is made income producing, may result in a sanction for transfer of assets if the a/b or a/b’s spouse is requesting or receiving assistance with institutional services or in-home health services and supplies after institutional care. Refer to MA 2240, Transfer of Assets. 3. Non-home site Property a. Count the value of non-home site real property owned solely by the a/b or financially responsible spouse or parent, unless it meets current use requirements in VII.A.5. above. Refer to MA-2260, Financial Eligibility Regulations – PLA, for procedures to deem resources from a parent to a child a/b. b. If a single owner dies without leaving a will, property may be unavailable to a spouse until released by the clerk of court. See item IV.C.1. 4. Remainder Interest in Real Property 41
a. Count the remainder interest in real property. A remainder interest in real property is created when a person owns real property but another individual retains the right to use the property for the remainder of his life (a life estate). The person to whom the property was transferred has a remainder interest in the property. Refer to VII above, for definitions of types of property interest. b. To determine the value of a remainder interest, multiply the total tax value of the real property on the date the life estate is transferred by the Remainder % from the Life Estate and Remainder Interest Tables, based on the age of the individual whose life determines the length of the life estate. The resulting amount is the tax value of the remainder interest. Refer to https://secure.ssa.gov/poms.nsf/lnx/0501140120 5. Unused Tobacco Allotment Count the value of the land if the allotment is not being used, unless it can be excluded another way. 6. Time Shares a. A time share is the right to use property, such as a resort property, for a specific time period, usually no more than a few weeks. b. A time share interest is a fee simple property interest. c. If the time share is an available asset, it is countable as a resource. If there is an individual deed to the property, it is considered available. Obtain a copy of the deed. d. Count 15% of the purchase price as the established value. 7. Salable Property Agreement/Promissory Note A property agreement (usually a promissory note) which can be sold is a countable resource. (Refer to MA-2240, Transfer of Assets, IX.C.) a. Count the balance due on the note as an available resource. b. The a/b may rebut the value of the agreement. See procedures in VII.E. below. C. Verify Ownership of Real Property During the interview question the a/b about real property. Use the Resource Interview Guide, located at http://www.ncdhhs.gov/dma/county/medicaidtraining.htm. Search the following county records. Document the description and tax value of all 42
property listed: 1. County tax listings – Check tax listings as follows: a. At every application; and b. Redeterminations – check tax listings once per year (in the first redetermination of the year) and at the first redetermination which follows an increase in tax rates or property values. 2. Grantee/Grantor books - Registrar of Deeds a. Check at application. b. Redeterminations (1) PLA – Check annually. At every other review, ask if property has been given or received since the date of the last Grantee/Grantor check and obtain verification, if needed. Document the change/transfer on the Reserve History Sheet. (2) LTC – Check at each review. Check at change in situation from PLA to LTC. Determine if any property has been transferred to or from the a/b or the financially responsible person since the last tax listing. c. Search under the names of all financially responsible persons and their parents and spouses, particularly if deceased. Check in the county where the person last lived and check variations of names, (i.e. John Doe for Jon Doe). d. Check Clerk of Court records for recorded wills or probated estate files if a budget unit member has died or if the budget unit member is a possible heir. 3. Copy of the Deed – Verify ownership interest in real property by a copy of the deed. A deed does not have to be registered or notarized to be valid. It must be signed by the grantor, delivered, and accepted by the grantee. However, a deed of gift must be registered within two years of the date the deed is signed to remain valid. 4. Look for the following leads that ownership interest may exist in the eligibility record: copies of wills, tax bill or statement, evidence of judgments, liens, or boundary disputes. D. Calculate the Value of Real Property to Include in Resource Total Calculate the value of all property which is not excluded from the resource determination process. 43
1. Determine the Current Market Value a. Verify and record tax value of real property by using county tax office records. For Medicaid determinations, the tax value is the current market value (CMV), unless rebutted according to VII.E. b. Deduction for Individual Over Age 65 - If the person was age 65 or older, or permanently disabled on January 1 of the current tax year, county tax offices make a deduction from the assessed value before taxes are computed. For resources, the tax assessed value, before any such deduction, is the CMV. 2. Verify Encumbrances For property that is not excluded, verify encumbrances by written or verbal statement of the creditor. Also, verify encumbrances for income producing property when determining if it meets 6% requirement. See Section IX. a. Encumbrances reduce the a/b’s equity in a countable asset. Examples of encumbrances are: (1) Liens and mortgages by banks or loan companies, (2) Lien by a hospital, nursing home or other medical provider. Must specifically identify the asset which is attached and there must be an outstanding bill for a/b. County dss must see lien. b. It is the a/b’s responsibility to provide a dated, signed written statement or provide the name of creditor, loan number, or other information necessary to verify encumbrances. c. Verify the amount needed to pay off the mortgage or lien as of the date of the verification, rather than the sum of the remaining payments. d. Remainder Interest - Multiply any amount needed to pay off the mortgage/lien on the property by the Remainder % from the Life Estate and Remainder Interest Tables, based on the age of the life estate holder. (If there is more than one life estate holder, use the age of the youngest life estate holder.) Deduct this amount from the value obtained in VII.B.4.b. to establish equity. Refer to the chart at, https://secure.ssa.gov/poms.nsf/lnx/0501140120 3. Deduct Encumbrances Subtract encumbrances from the CMV of the countable property interest to arrive at countable equity. 44
a. Count equity in the resource total unless otherwise exempt. b. Encumbrance on Excluded and Countable Property If there is a single encumbrance (loan, etc.) on both excluded and countable real property: (1) Divide the CMV of the countable property by the total CMV of everything which is mortgaged. The result is the percentage of the total encumbrance that applies to the countable property. (2) Multiply the amount needed to pay off the mortgage by this percentage. (3) Subtract this amount from the tax value of the countable property to determine equity. EXAMPLE: Applicant owns two tracts of land which are mortgaged together. They are not contiguous to the home site. One tract consists of 5 acres used to produce goods and services for home consumption. It has a CMV of $13,000. The other tract is 10 uncleared acres that are not used in any way. The CMV of this property is $20,000. Mortgage pay-off amount is $15,000 on the first day of the month of application. CMV of 5 acres $13,000 CMV of 10 acres (counted) 20,000 Total CMV of encumbered land 33,000 Determine the encumbrance on the countable acres by dividing the CMV of countable acres by total CMV of encumbered land and applying the resulting percentage to the total payoff amount: $20,000 divided by $33,000 = .606 or 61% of land is countable. (Round down if .49 or lower, round up if .50 or over). 61% of the $15,000 pay-off amount is $9,150. CMV of countable acres; $20,000 Encumbrance on these acres -9,150 Countable equity 10,850 4. Count the Equity of Real Property a. Determine equity for all types of interest or estate in countable real property by following steps 1. - 3. above. b. Document verification source and amount of liens on the eligibility form. c. Do not count the value of any property which is excluded. 45
d. The remaining equity in countable real property is countable resources for Medicaid. If countable assets exceed the resource limit, the value of the real property may be rebutted. E. Rebuttal The current market value of real property, based on its tax value (See VII.D.1.), may be rebutted by documentary evidence to establish a lesser value. NOTE: Also follow these instructions for rebuttal of the current market value of a promissory note. (Refer to MA-2240, Transfer of Assets, IX.C.) 1. Documentary evidence is a statement from a knowledgeable source located in the same geographic area as the property. (For rebuttal of personal property, see VIII.E.) NOTE: Geographic area is the same area as covered by local radio, television, newspaper and other media. 2. The statement from the knowledgeable source must be written, signed and have enough information to identify the source easily. It must: a. Be specific as to the value and the point in time for which the estimate is made, b. Provide a reason for the value of the resource being less than the value established by the policy in this section, and c. Include the basis for his knowledge or expertise. 3. If the statement is questionable, the county must obtain an estimate from another knowledgeable source and use the average value. The county must use its judgment as to whether or not a statement of lesser value is questionable. It must document in the record the reason for doubting the statement. The statement may be questionable if: a. The value of the resource provided in the statement is substantially lower (more than half) than the value determined following the policy in this section, b. The reason given for the lower value does not seem to support the lower value, c. The source providing the statement of a lesser value does not have experience with valuing real property in the county or surrounding counties, 46
d. The source providing the statement of a lesser value has an interest in the property or stands to gain from the property’s valuation, e.g. is one of the tenants-in-common, is the remainder interest holder, stands to inherit the property, etc., or e. For other reason that causes the county to doubt the statement. 4. Examples of types of knowledgeable sources are: a. Licensed real estate brokers; b. Local Farm Service Agency office; c. Local office of the Farmer’s Home Administration; d. Commercial banks, savings and loan association, mortgage companies and similar lending institutions; e. An official of the local real property tax jurisdiction, or f. County Agricultural Extension Service; g. Professional appraisers; h. For promissory notes, companies which are in the business of buying and selling promissory notes. 5. Applications See MA-2303, Verification Requirements for Applications and MA-2304, Processing the Application, for processing time frames and requirements for providing rebuttal evidence. 6. Redeterminations Allow a beneficiary twelve calendar days to provide evidence to establish a lesser value. If at the end of the 12 calendar days, he has not provided the evidence, send a timely notice proposing termination for excess resources. 7. Updating Rebuttal Evidence a. Real property - Verify the rebuttal value in the first redetermination of the year and at the first redetermination which follows an increase in tax rates or property values. This is the same timeframe for verifying the tax value of the real property. b. Promissory note - Verify the rebuttal value at each redetermination. This is necessary due to the potential for change for a liquid asset. 47
VIII. PERSONAL PROPERTY ASSETS Personal property consists of an individual’s personal effects, household goods, motor vehicles and other property which is not classified as real property (e.g. mobile home, motor home, boat, etc.). A. Non-Countable Personal Property Excluded From Countable Resources Do not count as an available resource: 1. Personal effects and household goods Includes all clothing, jewelry, furniture, appliances, artwork and other decorative items, etc. NOTE: Assets that are inventory of a discontinued business are a countable resource. These resources are not the personal property of the a/b. 2. Mobile home/motor home used as the home site Exclude the principal residence, regardless of location. 3. Motor Vehicles used for transportation a. Vehicle Exclusion Exclude only one motor vehicle if the a/b lives: (1) At home and the motor vehicle is used for transportation of the eligible a/b and/or a person living in the home with the a/b. (2) In a nursing facility and the motor vehicle is used to transport the a/b, a community spouse or a dependent/disabled child. Assume the motor vehicle is used for transportation unless there is evidence to the contrary. Evidence that may be used to show the vehicle is not used for transportation is that the vehicle is unlicensed or an individual cannot travel by car but must be transported by ambulance. If there is doubt as to the use of the vehicle, obtain a statement regarding how the vehicle is used for transportation for the individual. For example, for a vehicle owned by an individual in a nursing facility to be excluded, it would have to be used to transport the applicant/beneficiary, a community spouse or a dependent/disabled child. Obtain a statement from the person who has the vehicle that the vehicle is used to transport the a/b, community spouse or dependent/disabled child and the nature of the transportation. If the statement appears questionable, count the vehicle as a resource. 48
b. Applying the Exclusion When More Than One Automobile That is Used for Transportation is Owned Apply the exclusion in the manner most advantageous to the individual. If the eligible a/b owns more than one automobile used for transportation of the eligible a/b or a member of the eligible a/b’s household, the total exclusion applies to the automobile with the greater equity value. Count the equity value of any automobile, other than the one excluded, as a resource when it is owned by an eligible a/b. See VIII.D.3. to determine the equity value. c. Reduction of Resources When the equity value of an unlicensed vehicle causes the a/b to be over the reserve limit and that vehicle then becomes licensed, evaluate for reduction of reserve. Reduction of resources occurs on the day a vehicle becomes licensed. Reduction of resources does not go back to the date of application. 4. Property Excluded Due to Usage a. Business Property Exclude personal property used in the operation of a trade or business, self-employment enterprise, or farm regardless of equity value or whether there is a net profit. Refer to VII.A.5.b.for further instructions to exclude business property. (1) Property includes operating capital and fixed assets of the business such as equipment, livestock, vehicles, etc. (2) Liquid assets – Exclude liquid assets of the business if not co- mingled with personal funds. (3) Active involvement – The a/b or financially responsible person must be actively involved in the business on a day to day basis. b. Income Producing Property Exclude up to $6,000 in non-business, income producing personal property which meets the 6% net annual income test criteria in Item IX. c. Property Which Produces Goods or Services for Home Consumption Exclude up to $6,000 in total combined equity of all non-business personal and real property used to produce goods and services solely for home consumption (i.e. a tractor and garden used to produce vegetables for home consumption). d. If the property is not currently in use for one of the reasons for exclusion in a., b., or c. above, exclude it if: 49
(1) It has been in use within 12 months, and (2) It will resume within 12 months. B. Countable Personal Property Count as an available resource property not otherwise excluded. Count the value of property such as boats, motors, campers, trailers, farm and garden equipment, equipment from a discontinued business, mobile home, motor home, houseboat, unlicensed vehicle, etc. as an available resource if it cannot be excluded per VIII.A. above: 1. Based on usage 2. As the home site, or 3. As an essential vehicle. C. Verify Ownership of Personal Property 1. Interview During the interview, question the a/b about personal property. Use the Resource Interview Guide, located at, http://www.ncdhhs.gov/dma/county/medicaidtraining.htm. Accept the client’s statement of ownership unless questionable. Verify ownership if questionable. 2. Vehicle Licensed by DMV: a. Primary verification source is DOT/DMV computer inquiry into vehicle valuation system. (1) Check full names of all financially responsible adult members. (2) The owner of a vehicle is the person whose name is on the title unless the parties involved can establish that a legally binding agreement/resulting trust exist. Refer to Item V. for information on resulting trusts/legally binding agreements. b. Alternative sources of verification of ownership to be used if ownership is questionable include: (1) County tax records (2) Vehicle registration (3) Vehicle title (4) Insurance policy on vehicle (5) Records of firm that financed the purchase (6) Evidence of a legally binding agreement such as records that indicate who has been making payments or maintaining insurance 50
coverage on the vehicle. 3. Personal property valued by tax office and not licensed by DMV: a. Accept as verification the a/b’s verbal statement of ownership. b. Check full names of all financially responsible adult case members against county tax records. c. List all items of personal property owned by the a/b and financially responsible spouse/parents. D. Calculate and Establish the Value of Countable Personal Property If the personal property cannot be excluded, 1. Verify the current market value: a. Through Vehicle Valuation Inquiry (VVI) if licensed and valued by DMV. b. Through the county tax office if valued by the tax office and not licensed by DMV. c. Use the NADA book or internet site www.nadaguides.com for unlicensed vehicles not registered in the tax office. If the unlicensed vehicle is older than those listed, use the last value given in NADA. All vehicles licensed or unlicensed have a value. 2. Verify encumbrances (amount owed on a car loan) by either the written or verbal statement of the loan holder. Ask for the payoff as of the first day of the verification month, rather than the sum of the remaining payments; i.e., future interest payments are not an encumbrance. 3. Equity value is current market value minus encumbrances. Subtract the payoff amount from Current Market Value. Current Market Value (CMV) is established by VVI or a/b’s rebuttal. 4. For all personal property, the amount of equity counted in resources is the total equity value of all countable personal property. 5. Rebuttal If the a/b has excess resources, and owns non-exempt personal property, the a/b has the right to rebut the value of personal property by establishing a lesser value. It is the tax value that is rebutted, not equity or encumbrances. Follow procedures in E. below. 51
E. Rebuttal Procedures The a/b has the right to rebut the equity value of any type of personal property counted in total countable resources. When the tax/DMV value of an excess motor vehicle or the equity value of any other personal property e.g., boats, trailers, unlicensed vehicles, campers, etc., results in excess resources: 1. Send the DHB-5157, Notice of Total Countable Resources; The Right to Rebut Value, to the a/b to be completed and signed by the a/b and returned by the deadline date. File the completed and signed form in the Medicaid case record. 2. Explain that the a/b has the right to disagree with (rebut) that value, and provide a signed and dated statement from a car dealer or dealer of item in question that verifies: a. Make, model, year, color and general description of the vehicle/personal property, and b. Market value of the vehicle/personal property (what it could reasonably be sold for, not what he would offer on a trade-in). c. For applications, notification must be made on a DHB-5097, Request for Information (or DHB-5097S). Put information under “other”. For redeterminations or change in situation also use the DHB-5097/DHB 5097S, Request for Information. EXAMPLE: “We have verified the value of your motor vehicle at $700 through the Department of Motor Vehicles. This $700 counts toward your resource limit of $2,000. If you disagree with the $700 value, you must provide a written statement from a car dealer, which shows the make, model, year, color, general description and value of the car. Statement must be received by (date).” 3. Notify a/b immediately if it becomes apparent during application or review process that the value will not result in ineligibility and verification of lesser value is no longer needed. 4. If a/b disagrees with the DMV/tax/CMV: a. Applications See MA-2303, Verification Requirements for Applications and MA-2304 Processing the Application, for processing time frames and requirements for rebuttal. b. Redeterminations 52
Allow a beneficiary twelve calendar days to provide evidence. If at the end of the twelve calendar days, evidence has not been provided, send a timely notice proposing termination. 5. Proceed with denial of application or termination using the DMV/tax/CMV if a/b: a. Fails or refuses to provide rebuttal evidence by deadline; or b. Fails to respond at all to notification of assigned value; or c. Agrees with the assigned value. 6. Document in the eligibility record: a. Date and how the a/b was contacted about value of the personal property; and b. A/B’s response and the date he responded. If no response, indicate this also. 7. File a copy of the appraisal/verification of rebutted value from the dealer in the case record. 8. When the tax/CMV of personal property has been successfully rebutted, do not re-verify the rebuttal value at redetermination unless the DMV/tax/CMV has increased, or there is some indication of a change in the value of the property. IX. INCOME PRODUCING REAL/PERSONAL PROPERTY The 6% test is used to determine if up to $6,000 in equity of real or personal property (usually rental property), which cannot otherwise be excluded (e.g. a home site to which the a/b intends to return, business property, property of an incompetent person with no power of attorney or guardian, etc.) is excluded from countable resources because it is “income producing.” To exclude $6,000 equity, the property must produce a net annual income of at least 6% of its equity after all expenses related to producing income are deducted. The 6% net annual income requirement is waived when property that has formerly produced income is anticipated to resume to do so within 12 months. (See VII.A.4.d., VIII.A.4.d., and IX.H.2.) A. Overview of Steps for a Single Piece of Income Producing Property Use these steps and the DMA-5158, Income Producing Property Guide, to determine if $6,000 equity in real/personal property can be excluded as income producing property. The steps are explained in greater detail in C. - G. below. 53
1. Determine the equity value of the income producing property based on the CMV (tax value) of the property. 2. Regardless of the amount of income produced, subtract $6,000 from the equity value. Add this amount to the value of other countable resources. a. If the total is over the resource limit, do not determine how much income the property produces. Stop here. b. If the total does not exceed the resource limit, proceed to determine if the property produces a net annual income of at least 6% of the property’s equity. 3. Determine the equity value of the property based on the present use value. (If no present use value is assigned, use the tax value.) Multiply that equity value by .06 to determine the 6% net annual income the property must produce. 4. Determine the amount of net annual income produced by the property. 5. Compare the 6% figure to the net annual income. If the net annual income produced by the property is equal to or greater than 6% of the equity value, the property is income producing, exclude $6,000 of the property’s equity. B. Overview of Steps When There is More Than One Piece of Income Producing Property If the individual owns more than one piece of income producing property, the $6,000 exclusion applies to the total equity of all property that produces a net annual income of 6% of its equity. 1. Total the equity value of all properties producing income, and follow steps in IX.A.2.a & b. 2. If the property’s equity value after deducting $6,000 and the value of other countable resources does not exceed the resource limit (IX.A.2.b.) apply the 6% income requirement to each piece of income producing property separately. Each separate property must meet the 6% income test for any of its equity to be excluded. Follow steps in IX.A.3. – 5 to determine if a piece of property meets the 6% income test. 3. Total the equity of all pieces of property that meet the 6% income test, and deduct $6,000. The equity over $6,000 is a countable resource, unless otherwise excluded. 54
Refer to IX.H.5. & 6. for detail instructions when the a/b owns more than one piece of income producing property. C. STEP 1: Determine the Equity Value of the Property Based on the Tax Value: Current Market Value (CMV) – Encumbrances/liens = Equity Value. 1. Real Property Value Real property includes land and everything attached to it that produces rent or land use fees, such as mineral or timber rights, trailer rent, hunting/fishing rights, mortgages, rent of buildings, etc. The CMV is the tax value of the land. Always use the tax value (unless rebutted) for the following: a. When determining equity of income producing property for the $6,000 portion of the $6,000/6% test. b. When counting real property as a resource, use the tax value to calculate the countable equity value. 2. Personal Property Value Use the CMV as determined in VIII. to determine the equity. 3. Subtract the encumbrances (loans, mortgages, liens) on the property (Refer to VII.D.3.) from the CMV. (Refer to IX.C.1.) The result is the equity value of the property to use in determining the value of the property for the $6,000 exclusion. D. STEP 2: Determine if the A/B is Ineligible Based on Countable Resources, Regardless of the 6% Net Annual Income Test. 1. From the total equity value of all property alleged to be income producing, deduct $6,000. 2. Add the remaining equity value to the value of all other countable resources. a. If the resulting total of countable resources exceeds the resource limit, the a/b is ineligible. Proceed no further. Notify the a/b via the DHB 5097/DHB-5097S, Request for Information, of his opportunity to rebut the value of resources and to reduce resources, as instructed in I.A.5. If proof of rebuttal or reduction of resources is not provided within 12 calendar days, deny or send advance notice proposing termination. b. If the resulting total of countable resources does not exceed the 55
resource limit, go to Step 3. E. STEP 3: Determine the Equity Value for the 6% Income Test and the Amount of Income the Property Must Produce. 1. Use the equity determined in Step, unless a “present use value” is assigned by the tax office. 2. Present Use Value - The present use value is based on the value of the land in its current production use and is less than the tax value. (The county may use another term for present use value such as land use value, etc.). If a present use value is assigned, use it only for determining equity for the 6% net income test. (Do not use the present use value for the $6,000 portion of $6,000/6% test.) Deduct encumbrances from the present use value. 3. Multiply the equity value by .06 to determine the net annual income that the property must produce for the 6% test. F. STEP 4: Determine Net Annual Income Produced Verify the annual income amount produced by each piece of property. Use this amount only to determine if the property can be excluded from countable resources. 1. Calculate Gross Income a. If the same amount is received monthly, multiply this amount by 12 months (i.e., amount X 12 months = gross annual income). b. If received other than monthly, calculate a gross annual income amount, according to instructions in MA-2250, Income. c. If gross annual income has changed in the past 12 months (base period), use the amount currently being received to determine gross annual income. 2. Verify Operational Expenses Regardless of whether income is received monthly or other than monthly: a. Verify operational expenses for the previous calendar year based on expenses on the tax form if using tax statements to determine income, or b. Verify operational expenses for the twelve months prior to the application or redetermination interview for a business if using business records. (Do not include unexpected expenses as part of the 6% test.) 3. Deduct gross annual allowable operational expenses paid by the a/b. 56
Deduct predictable expenses paid by the a/b which are necessary for the production or collection of income. Allowable expenses include but are not limited to the following: a. The interest portion of a mortgage payment, b. Property taxes, c. Insurance, d. Maintenance, e. Utility costs paid by the a/b, f. Labor costs, g. Real estate agent’s fees, h. Sales taxes, i. Advertising for tenants, j. Verified transportation costs related to a rental property operation, k. Interest payments on loans for equipment necessary to produce the rental income. 4. Non-allowable Expenses Do not deduct the following expenses from rental income: a. Expenses paid by a third party unless reimbursed by the a/b. b. The principal portion of a mortgage payment. (The principal is deducted from the CMV as an encumbrance.) c. A capital expenditure. This is an expense for an addition to or increase in the value of the property and is subject to depreciation for tax purposes (e.g., principal portion of mortgage payment, additions to existing structure). d. The property depreciation amount claimed as a federal income tax deduction. e. Replacement of an existing feature of the property which could have been repaired. (e.g., furnace could be repaired but is replaced with new heating system). f. Replacement of an existing feature of the property which could not be repaired with one that is greater in value (e.g., replacement of shingle roof with brick tile roof) which results in improvement and increases the value of the property. 5. Calculate Net Annual Income. Subtract gross allowable operational expenses from gross annual income. DO NOT ROUND! 57
Gross annual income - Gross annual operational expenses Net annual income G. STEP 5: Compare Net Annual Income Amounts For each piece of income producing property, compare the net annual income produced (STEP 4) to the net annual income that must be produced to exclude up to $6,000 equity in the property (STEP 3). 1. If the net annual income produced is less than the net annual income that must be produced, the property does not meet the 6% net annual income requirement. Count all of the equity, based on the tax value, of the property as a resource. 2. If the net annual income is equal to or greater than the net annual income that must be produced, then the property produces 6% net annual income. 3. Total the equity value (based on the tax value) of the pieces of property that produce a net annual income of at least 6% of their equity value. Only those pieces of property that meet the 6% income test can be included in the $6,000 exclusion. See IX.B. For detail instructions on multiple pieces of property, see IX.H.5. & 6. a. From the total equity of the property that meets the 6% income requirement, subtract $6,000. b. The equity over $6,000 is a countable resource. NOTE: Re-verify encumbrances and income produced at each application and redetermination as they are subject to change. EXAMPLE 1 CMV (Tax value) of property $70,000 Present Use Value $58,000 Property tax per year $ 300 Insurance per year $300 Other operational expenses per month $ 100 Monthly gross rent $450 A/B pays all expenses himself. Principal amount of the mortgage on the property is $10,000. STEP 1 Determine equity value of the property based on the tax value. $70,000 CMV (tax value) - $10,000 Encumbrances (principal of mortgage) $60,000 Equity STEP 2 Determine if the a/b is ineligible based on countable resources, regardless 58
of the 6% net annual income test. $60,000 Equity based on CMV (tax value) - $ 6,000 D $54,000 After deducting $6,000 that could be excluded if the property produced a net annual income of at least 6% of its equity value, $54,000 would still be counted. The a/b is ineligible due to excess resources. Send DHB-5097/SHB-5097S, Request for Information, to offer opportunity to rebut the value. If proof of rebuttal not provided within 12 calendar days, deny or send timely notice of termination. (See I.A.5.) EXAMPLE 2: CMV (tax value) of property $ 70,000 Present Use Value $65,000 Property tax per year $ 300 Insurance per year $ 300 $63,000 Annual interest on $ 3850 Principal amount on mortgage mortgage payment Other operational expenses per month $ 100 Monthly gross rent $ 600 A/b pays all expenses himself. His only other resource is a bank account with a balance of $550. STEP 1 Determine equity value of the property based on the tax value. $70,000 CMV (tax value) - $63,000 Encumbrances (principal of mortgage) $ 7,000 Equity STEP 2 Determine if the a/b is ineligible based on countable resources, regardless of the 6% net annual income test. $ 7,000 Equity based on CMV (tax value) - $6,000 $ 1,000 Equity after deduction of potential $6,000 exclusion +$ 550 Bank account $ 1,550 Total countable resources $1,550 is less than the $2,000 resource limit. If the property produces a net annual income of at least 6% of the equity value (based on the present use value), $6,000 is excluded from the equity (based on the CMV [tax value]) and the a/b can meet the resource requirement. STEP 3: Determine the equity value for the 6% income test. $65,000 Present use value - $63,000 Encumbrance (principal of mortgage) $ 2,000 Equity based on present use value to use in the 6% income test 59
x .06 $ 120 The property must produce a net annual income of $120 to meet the 6% net annual income test. STEP 4: Determine the net annual income. $ 600 Gross monthly rent x 12 Months $ 7,200 Gross annual rent - $ 3,850 Interest on mortgage - $ 300 Property taxes - $ 300 Insurance - $ 100 Other operational expenses $ 2,650 Net annual income STEP 5: Compare net annual income to 6% of the equity value based on the present use value determined in Step 3. The net annual income of $2,650 is greater than $120, which is 6% of the equity value of the property, based on the present use value. $6,000 is excluded from the equity based on the CMV (tax value) of the property and the remainder, $1,000 is a countable resource. H. Special Instructions for Income Producing Property 1. If income is verified according to instructions in MA-2250, Income, and included in the monthly budget, then the income is considered received for purposes of the 6% income test. This is true even if it is discovered that the income was not actually paid to the a/b. The income is counted in the person’s budget and is included in his deductible or patient monthly liability. 2. The 6% net annual income requirement is waived when property which has formerly produced annual income produces no income due to natural disaster. EXAMPLE: Storms, drought, fire, hurricanes, etc. a. A statement to this effect from the local ASCS office (for crop damage), insurance company, FEMA, or county extension agent is necessary as verification. b. The property would have to produce an income in the next 12 months for the income producing exemption to continue, unless the conditions, which prevented the production of income, were beyond the a/b’s control. 3. An asset is income-producing on the day that a contract for rental/lease is signed or a verbal agreement is made (rent may be paid monthly, quarterly, semi-annually, annually, etc., and may be due at some point after the date of the contract/verbal agreement). 60
a. For classifications N, Q, B, or E or if the case is MWD or QI-2, begin excluding $6,000 equity on the first day of the month following the month contract or agreement is signed/made. b. For classification M, begin excluding $6,000 equity on the day that the contract or agreement is signed/made. 4. If there is no contract or prior agreement, the asset is income-producing on the day that the first payment is paid. a. For classifications N, Q, B, or E or if the case is MWD or QI-2, begin excluding $6,000 equity on the first day of the month following the month the first payment is made. b. For classification M, begin excluding $6,000 equity on the day that the first payment is made. EXAMPLE: Applicant applies in October for September retro and on-going coverage. At the intake interview, he learns that he has equity in real property which causes resource ineligibility, but that it can be excluded if rented. He states his brother has been hunting on the property in the retro period, but he has not been paid and there was no prior agreement to rent the property. The property cannot be excluded as income-producing until the day the payment is paid or contract signed for Medically Needy and until the first day of the following month if classified N, Q, B, or E, or if the case is MWD or QI-2. 5. Different Pieces of Land a. If the individual owns different pieces of property, each piece of property must meet the 6% test to be excluded as income producing. b. The equity of all pieces of property that meet the 6% test is combined when applying the $6,000 exclusion. c. Different parcels of contiguous property are treated as separate pieces of property. Contact the tax office to verify if property is divided into parcels. (1) Each piece of land identified by the tax office as a separate parcel is treated as a separate piece of property. It must produce net income which is at least 6% of its equity. (2) The tax office may list a piece of property as one parcel even if separate values are shown for portions of the property such as woodland and farmland. The separate portions do not have to meet the 6% requirement, but the entire parcel must. (3) The entire parcel does not have to be rented, however, the total income for the parcel must meet the 6% requirement. 61
(4) The operational expenses paid by the a/b on the non-income producing portion of a parcel (i.e., taxes, insurance) must be deducted from the gross income when determining if the 6% requirement is met. 6. Applying the 6% Test When There Are Multiple Pieces of Property/Multiple Income Producing Activities a. Total the equity value of all properties producing income. b. Regardless of the amount of income produced, subtract $6,000 from the total equity value. Add this amount to the value of other countable resources. (1) If the total is over the reserve limit do not determine how much income the various properties produce. The a/b is ineligible due to excess resources even with $6,000 deducted from the equity of income producing property. (2) If the total does not exceed the resource limit, proceed to determine which individual properties meet the 6% income test. c. If verification specifies the amount received for each piece of property, total the amounts received for a piece and compare to the 6% amount required for that piece. d. If verification does not specify the amount received for each piece, the a/b must provide a statement specifying the amount of income to apply to each piece. e. If two or more individuals make payments for portions of a piece of property to the a/b and their statements do not identify separate amounts, the a/b must specify the amount of income from each person to apply to each piece. f. Use the statements to determine if the property meets the 6% criteria. NOTE: While the a/b’s statement is not acceptable for the amount of income received, it is acceptable for apportioning the income among separate pieces of property. EXAMPLE: The applicants are a married couple over age 65. They own 2 separate pieces of land not contiguous to their home site. Each piece contains woodland and farmland. Two individuals rent different parts of the 2 pieces of land. Each renter pays one amount for all the land he rents. #1 rents the farmland on both pieces for $300 annually and #2 rents the woodland on both parcels for $250 annually. As part of the agreement they also pay the taxes on the properties. There are no other expenses. The rental statements do not specify an amount of rent for each piece of 62
property. Property 1 has equity of $5,000. Property 2 has equity of $3,000. The total equity of the property is $8,000. Subtracting $6,000 leaves a remaining equity of $2,000. The applicants have a bank account with a $429 balance and no other countable resources. Total resources after subtracting $6,000 equity from the income producing property is $2,429 which would meet the resource requirement. Proceed to determine if the property meets the 6% income test 6% of property 1’s equity is $300. 6% of property 2’s equity is $180. Request that the a/b’s specify the amount of rent for each property. Scenario 1 The a/b’s state that of the $300 farmland rental from renter #1, $200 is for property 1 and $100 is for property 2. Of the $250 woodland rental from renter #2, $150 is for property 1 and $100 is for property 2. Total rental for property 1 - $200 (farm) + $150 (woodland) = $350 Property 1 meets the 6% test. Total rental for property 2 - $100 (farm) + $100 (woodland) = $200 Property 2 also meets the 6% test. Since both properties meet the 6% test, the equity value of both is combined ($8,000). $2,000 is a countable resource. Scenario 2 – The a/b’s state that of the $300 farmland rental from renter #1, $225 is for property 1 and $75 is for property 2. Of the $250 woodland rental from renter #2, $175 is for property 1 and $75 is for property 2. Total rental for property 1 - $225 (farm) + $175 (woodland) = $400 Property 1 meets the 6% test. Total rental for property 2 - $75 (farm) + $75 (woodland) = $150 Property 2 does not meet the 6% test. It must produce $30 more to produce the required $180. Only property 1 meets the 6% test. Since its equity is less than $6,000 it is fully excluded. Property 2 does not meet the 6% test, so its equity ($3,000) is counted. X. LIQUID ASSETS Liquid assets include cash, bank accounts, certificates of deposit or any asset which can be converted to cash. Trust Funds (Section XI.) and life insurance policies (Section XII.) are also considered to be liquid assets. A. Ownership of Liquid Assets 63
Ownership affects the availability of a liquid asset. 1. One Owner - Unlimited access If there is only one owner of a bank account, insurance policy, etc., access by the owner is unlimited. The asset is totally available. When ever policy indicates that a liquid asset is available but a/b states that it is owned by someone else refer to Section V. for policy on resulting trusts. 2. Jointly Owned Bank Accounts a. “OR” account—Either owner may withdraw all funds without the permission of other owner(s). The liquid asset is 100% available. b. “AND” account—Signatures of both owners are required to withdraw any funds. (1) If the other owner consents to or participates in withdrawal for a/b, the asset is 100% available for the a/b. (2) If the other owner refuses to consent or participate, the asset is not available. However, a transfer of assets penalty may apply if the a/b is institutionalized. Refer to MA-2240 Transfer of Assets, for transfer of assets policy. (3) If the other owner does not respond or cannot be located, the asset is not legally available to the a/b. Assume the other owner is refusing to dispose after the 2 standard requests for information. c. “FOR” account - A guardian is established for the depositor. The guardian has no ownership interest. 3. Funds held For a Minor The funds belong to the minor if: a. It can be shown that the funds originally belonged to the minor and a resulting trust (See Section V.) exists in favor of the minor; or b. The funds did not originally belong to the minor but: (1) The minor’s name and Social Security number were put on the account, or (2) Documentation, provided in accordance with V., establishes that the funds have been transferred to the child and a resulting trust exists. If the original owner was the a/b, evaluate for transfer of assets. 64
4. Checking and Savings Accounts of a Deceased Spouse Assets are unavailable until released by the clerk of court (usually when the estate is probated). 5. Resulting Trust Refer to Section V. if an a/b states that assets are being held for another individual. 6. Incompetency Refer to Section VI. if incompetency on the part of the a/b is alleged. B. First Moment Verification Requirement Always verify liquid assets as of the first moment of the first day of the month. Request the account balance as of close of business on the last working day of the preceding month. C. Non-Countable Liquid Assets Do not count as an available resource: 1. Monthly income - The portion used by the a/b to pay monthly bills, whether deposited in an account or not. 2. Life Insurance - See Item XII. 3. Relocation Assistance - Exclude assistance provided under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 for nine months. 4. Retirement accounts (including IRA’s) Exclude a retirement account if the funds cannot be withdrawn in a lump sum payment. This includes profit sharing or funds which can only be paid out in a monthly repayment plan. NOTE: Do not deem retirement accounts from spouse or parent in PLA budgeting. Count available retirement funds in the assessment for spousal resource protection MA-2231, Community Spouse Resource Protection). 5. Irrevocable pre-need burial contract/trust. Do not count the value of an irrevocable contract. Refer to Burial Exclusion in Section XIII. 6. Bank accounts a. Exclude accounts which are solely in the name of a deceased spouse or parent of the a/b until released by the clerk of court. 65
b. Exclude accounts used solely in the operation of a trade, business, farming operation or self-employment enterprise. c. Exclude “AND” accounts which are not available. See X.A.2. above. 7. Home Replacement Funds When an a/b sells an excluded home, exclude the proceeds of the sale if the a/b plans to use them to buy another excluded home and does so within 3 full calendar months of receiving the proceeds. If the proceeds of the sale of the home are given away without purchasing another home, apply transfer of resource policy in MA-2240 Transfer of Assets. 8. Lump Sum Payments a. Social Security (RSDI) and SSI Exclude any portion of the lump sum of SSI or RSDI from resources for the 9 calendar months following the month of receipt. This includes SSA/SSI lump sums that are prorated and paid out over a period of time. b. Federal Disaster Relief Permanently exclude payments from Federal Disaster Relief and Emergency Assistance Act of 1974 (Public Law 93-288), or some other Federal statute because of a presidentially declared major disaster. c. Cash and In-kind Receipts for Replacement or Repair of Lost, Damaged, or Stolen Excluded Resources: Exclude for 9 months from the date of receipt. Extend the exclusion for up to an additional 9 months for cash receipts if, for the first 9 months, circumstances beyond the a/b’s control: (1) Prevent repair or replacement of the lost, damaged, or stolen property; and (2) Keep the a/b from contracting for such repair or replacement. (3) Exclude interest earned by these funds from income and resources for the time the funds are excluded. (4) Document the circumstances for excluding the resources. d. Victims’ Compensation Payments Exclude payments from a fund established by a state to aid victims of crime from resources for 9 months from date of receipt. (1) To be excluded, the a/b must demonstrate that the payment was compensation for expenses incurred or losses suffered as the result of crime. (2) Do not exclude interest earned from income or resources. 66
e. Child Tax Credit (CTC), North Carolina Earned Income Tax Credit (NC EITC) and Federal Earned Income Tax Credit (EITC) Exclude refunds of Child Tax Credit (CTC), North Carolina Earned Income Tax Credit (NC EITC), and Federal Earned Income Tax Credit (EITC) for 12 calendar months beginning the month the refund or payment is received. f. Exclude all other Federal and State tax refunds for 12 calendar months beginning the month the refund or payment is received, g. Verification (1) Verify the amount by examining the check or award letter, or by contacting the source. (2) Ask the a/b if any portion of the payment remains, such as cash on hand or in a bank account, and verify according to the guidelines given for the specific asset. (3) If a/b states that a lump sum payment that might have resulted in excess resources for the budget unit has been spent, accept the a/b’s written statement of the following facts: • When and how the money was spent; • Whether or not any of the money is still available; • Whether or not any of the money was given away. h. If lump sum payments are given away in the month of receipt, evaluate for transfer of resources according to MA-2240, Transfer of Assets. 9. Income Received Other Than Monthly Payments or deposits of income, which are received other than monthly are prorated as income. Do not count as a resource for any months in which the payment is counted as income. Examples: Annual rental payments - Do not count as an available resource for 12 months following receipt. Promissory note payments received semi-annually - Do not count as an available resource for 6 months following receipt. 10. German Reparation Payments Do not count German Reparation Payments as an available resource, even when retained in the month following receipt. 11. Funds established as a result of the class settlement in the case of Susan 67
Walker v. Bayer Corporation, et al. The case involved hemophiliacs who contracted the HIV virus from contaminated blood products. Note: If the payments are placed in an account that earns interest, the interest may be countable. Follow procedures in MA-2250, Income, VIII. M. to calculate interest income. 12. Grants, scholarships, and fellowships are amounts paid by private nonprofit agencies, the U.S. government, instrumentalities or agencies of the U.S., state and local governments, foreign governments, and private concerns to enable qualified individuals to further their education and training by scholastic or research work, etc. a. Any portion of educational assistance that is not used to pay current tuition, fees or other necessary educational expenses, but will be used for paying this type of educational expense at a future date is excluded from resources for 9 months beginning the month after the month it was received. This applies to undergraduate as well as graduate students. b. All financial assistance received by undergraduate/graduate students for educational purposes made under the Higher Education Act of 1965 (HEA) or Bureau of Indian Affairs (BIA) student assistance programs is excluded from income and resources regardless of use. Refer to MA 2250, Income. EXAMPLES: Perkins Loans; Stafford Loans such as the National Direct (Defense) Loan; Federal Supplemental Educational Opportunity Grant (FSEOG); Pell Grants, College Work-Study Programs including PACE, NC Student Incentives Grants; Upward Bound; etc. D. Countable Liquid Assets 1. Life Insurance (See Section XII.) 2. Trust Funds (Refer to Section XI. for instructions for determining if funds are a countable resource.) 3. All other liquid assets as defined in X. E. - P. below. These are: • Cash • Patient Accounts of an Institutionalized Individual • Bank Accounts • Retirement Plans, IRA’s and 401-K Plans • Stocks and Mutual Funds, including stock owned by an individual in his/her own Corporation • Bonds and Securities • Promissory Notes • Countable Lump Sum Payments • Liquid Assets of a Business 68
• Proceeds of a Loan • Revocable Burial Contract • Proceeds of a Reverse Mortgage 4. Medicare Medical Health Savings Accounts Count annual deposits made into an individual’s account by Medicare. If others make deposits, count those deposits as resources. These plan account funds are a countable resource for Medicaid purposes. 5. Dividends and Interest Count dividends and interest earned on resources. If any of the dividend or interest is retained in the month after receipt, it is a countable resource. E. Cash 1. Count cash on hand as of the first moment of the month in the resource total. This includes currency and undeposited checks. 2. Verification—accept the a/b’s statement. If the a/b denies having cash on hand, record his statement. F. Patient Accounts for Institutionalized Individuals Patient accounts are those held by the nursing facility. Contact the business manager to verify the first moment balance. Also question whether the representative holds or has the a/b’s money in a bank. G. Bank Accounts Liquid assets held by a bank or other financial institution (checking, savings, certificate of deposit (CD), money market, EBT account, Medicare Health Savings Account, etc.) 1. Verification Ask if the a/b or financially responsible spouse/parents have an account at a bank, savings and loan, credit union, EBT account, or other financial institution. Ask a/b or financially responsible spouse/parents if their federal benefits (SSA/SSI or VA) are deposited into an EBT account and the money is withdrawn with a debit card. It may appear from the client’s situation that there is a possibility of bank accounts, even though it is denied. a. If the client reports that he cashes his check at a bank or other financial institution, contact the bank asking for any accounts in the client’s name. b. If the client reports that he has an EBT account verify the balance through the North Carolina EBT Production System that is located in each county. 69
NOTE: Verify the 1st moment balance of the EBT account by viewing the credits at the end of the previous month and subtracting what was spent (debits) to get the 1st moment balance. c. Do not pend an application or delay a redetermination for the response. d. Third Party Verification Sources (1) Bank statement, or (2) Account ledger or passbook, or (3) Written contact with the bank or savings institution. 2. Use form DSS-3431, Request for Financial Information, when contacting financial institutions. a. Instructions for using the DSS-3431, Request for Financial Information are as follows: (1) Complete Page 1 of the form, giving the name and address of the financial institution and the name and identifying information for the a/b. (2) Explain the provisions of the Financial Privacy Act. Have the client sign and date page 2. The caseworker must complete each field on page 2, and complete page 3 as needed. b. Ensure that the a/b understands that: • He has the right not to give his consent; • Once consent is given, it may not be revoked; • The consent is valid for a period not to exceed twelve months; and • Giving consent is not a condition of doing business with any financial institution. • It is the responsibility of the a/b to obtain consent from all of the joint owners of the account(s). c. The provisions are: (1) Financial Records are treated as confidential. (2) Customer’s authorization is required prior to the release of financial records from any financial institution. (3) Any disclosure of financial records outside of the provisions of the Financial Privacy Act, including any government authority participation to solicit information in violation of the Act, will be liable to the customer. d. Refusal to give consent for DSS-3431, Request for Financial Information, 70
will result in denial or termination of benefits for failure to cooperate in establishing eligibility. 3. Documentation Document the following in the application/redetermination workbook: a. Type of account (checking, savings, certificate of deposit (CD), money market, EBT account, Medicare Health Savings Account, etc.) b. Type of ownership/interest c. Account number and name of financial institution d. A/B’s statement of first moment balance for the verification month e. Source and date of third party verification, if required 4. Deduct Outstanding Checks a. Deduct from the first moment balance the amount of any check written by the a/b or financially responsible person which: (1) Is mailed or delivered prior to the first moment of the verification month; and (2) Had not cleared the bank prior to the first moment of the verification month. b. Do not deduct the check if it: (1) Was written as prepayment to a Medicaid provider for a service which is covered by Medicaid; or (2) Is more than six months old. Six months from the date a check is written it becomes stale dated and will not be honored by the bank. c. For MN cases over the resource limit as of the first moment, deduct checks written after the first moment as of the day the check is written. d. Verify the date a check cleared the bank by the bank statement, or by written or verbal contact with the bank. EXAMPLE: A check dated 10/12 did not clear the bank until 11/5. The check is “outstanding” on November 1st. e. If a check has not cleared the bank, compare the check book register or stubs to the bank statement to verify the date, check number, and payee of the outstanding check and sequence of checks. 71
f. If the check book register (or check stub) is not available, verify outstanding status of the check by: (1) A signed, dated statement, DMA-5156, Statement of Outstanding Checks, from the a/b (or the person who actually signed the check) which includes: check number, date the check was mailed or hand- delivered, amount of the check, and that the check is for payment of a valid expense; AND (2) Written or verbal verification from the bank that a stop payment against the check has not been requested. 5. Deduct Direct Deposit Social Security/Railroad Retirement Checks. Deduct Social Security or Railroad Retirement payments directly deposited into the bank account prior to the first day of the month from the first moment balance of that month. Do not deduct any deposits on or after the first day of the month until the first day of the next month. 6. Other Deposits Do not deduct other income routinely deposited during the preceding month from the first moment balance. a. Count these funds as income in the month received, and b. Count as a resource any amount remaining on the first moment of subsequent months. 7. Interest which is accumulated or reinvested automatically is included in countable resources the month following month of receipt. H. Retirement Plans, IRA’s, 401-K Plans Retirement accounts can be with a company or privately held at a bank. 1. Determine Availability Contact the administrator of the retirement fund or the financial institution holding the funds to verify if the funds can be withdrawn, even if penalties may be charged for early withdrawal. 2. Verify and Document a. Gross value of the account, and b. The type and amount of penalties. 3. Countable Benefits 72
a. A/B’s Account If the retirement account/fund can be withdrawn, it is an available resource. Count the value of the account if it were to be surrendered. b. Spouse/Parent’s Account (1) Do not deem/count this type of resource when owned by the financially responsible spouse or the parent(s) in PLA budgeting. See MA-2260., Financial Eligibility Regulations, II.B.2.b. (2) Count available retirement funds in the assessment process for spousal resource protection. (See MA-2231, Community Spouse Resource Protection.) c. There is a standard 10% IRS tax penalty for early withdrawal. Subtract 10% of the GROSS in addition to any other penalties if the beneficiary is under age 59 ½ and is not disabled. d. count the remainder as an available resource as of the first month for which assistance is requested, even if the account is not actually withdrawn. I. Stocks, Mutual Funds 1. Definition a. Stock is a “share” of the capital or assets of a corporation. b. A mutual fund represents stock in multiple corporations and business ventures. 2. Verify Shares Verify the number of shares of stock in a corporation, or in the mutual fund, by: a. Viewing the last monthly or quarterly statement from the brokerage firm, if available; or b. Contact with the corporate office of a publicly held corporation. c. The a/b’s statement. Copy the certificates if available. Document the certificate numbers and compare to any certificates or numbers brought in as verification in the future. NOTE: The FRR report may be used as a “lead” but is not verification of stock value. 73
3. Verify Value Verify the current value of each share of the stock by the best of the following alternatives: a. The last monthly or quarterly statement from the brokerage firm; b. Stock values listed in the newspaper. Most newspapers report on some stock values in the New York, American, and NASDAQ Stock Exchanges. c. If not listed, contact a stock broker, or check the Wall Street Journal. d. Contact the corporate office, or the accountant if the corporation is privately held. NOTE: Never use the original cost of stock or the face value on a stock certificate to establish value. 4. Verification date for stock value a. The value on any day verified from the newspaper, stock brokerage firm, or corporate office UNLESS: b. The value of the stock is known to have changed and a lesser value could establish eligibility in an earlier month or retroactively. c. Verify lesser value from monthly or quarterly statements if available; or d. If statements are not available, a/b has no documentation, and actual retroactive value would benefit the a/b, sources are: (1) NC Department of Revenue (can verify value as of December 31). (2) Brokerages or corporate offices. (3) Old issues of the Wall Street Journal (at a library). 5. Administrative Fees a. Verify the cost of selling the shares (on any day you call) by contact with a stock broker or financial institution. b. Deduct this cost from the total value of the shares and count the remainder in resources. J. Bonds, Securities 1. Bonds A bond is a certificate of debt. The issuing company or governmental body promises to pay a specified amount of interest for a specified period of time, 74
and to repay the “loan” on the expiration date. a. US Savings Bonds – A bond of the US government sold at a reduced price, requiring the person to wait for a specified time to redeem at face value. The value is greatly reduced if the bond is redeemed at an earlier date. Any bank can verify the value of a US Savings Bond if given the series and the date of issuance. b. All other bonds – Contact the local bank or brokerage firm and if they cannot determine value, contact your MPR for guidance. c. Count the current market value of bonds. 2. Security Refers to, an obligation, mortgage, deposit, or lien given by a person to his creditor as a guarantee against failure of the person to pay his principal obligation. A non-marketable security is one that can only be redeemed by the holder, such as certain government bonds. a. Contact a local brokerage firm. b. Count the current market value of bonds or securities in the resource total. K. Promissory Note Although technically a liquid asset, a promissory note is treated as real property interest for verification and rebuttal purposes. A salable promissory note is a countable resource. See Item VII.A.10., VII.B.7., and VII.E. above for procedures for promissory notes. Refer to MA-2240, Transfer of Assets, IX.C., for transfer of an asset regarding a promissory note, loan, mortgage, or other property agreement. L. Countable Lump Sum Payments A lump sum is generally a non-recurring payment which covers income/benefits due for more than one month’s time. This frequently occurs with Social Security and SSI benefits. Count lump sum payments as an available resource in the month following receipt except those specifically excluded in X.C.8. above. However, if a lump sum payment is given away in the month of receipt, evaluate for transfer of assets according to MA 2240, Transfer of Assets. Note: Income routinely deposited other than monthly is not considered a lump sum payment. See X.C.9. above. M. Liquid Assets of a Business 75
1. Exclude liquid assets needed to operate a business currently in operation (including period when the sole proprietor is unable to work but business has not been discontinued), or assets associated with self-employment, a trade, or a farming operation. 2. Verify status of bank accounts used in the operation of a business, but held in the name of a financially responsible person: a. Doing Business As account—Verify with the bank and the records of the DBA account that those funds are not used for personal bills. b. Commingled with personal funds—If the bank account is used for personal and business transactions, the business assets must be separately identified to be excluded. 3. If a business account in the name of business or corporation is totally separate from personal funds, exclude the account. Count the income of the business. 4. Count the liquid assets of a business or farming operation which has been formally discontinued or sold. 5. If the business is incorporated, count the client’s share of the corporation (his stock). N. Proceeds of a Loan 1. When the a/b or financially responsible spouse/parent is the borrower, the balance remaining on the first moment of the month following receipt is a countable resource. 2. When the individual is granted a line of credit, only the amount of money he actually receives is considered proceeds of a loan. 3. If the proceeds of a loan are given away in the month of receipt, apply transfer of resources policy in MA-2240, Transfer of Assets. O. Revocable Burial Contract Count a revocable burial contract/trust which can be converted to cash. See instructions in Item XIII., below, if the a/b has excess resources. P. Reverse Mortgage Payments A reverse mortgage is an agreement in which a lending company makes regular payments to a homeowner during a specific period of time. The payment is based upon the equity in the home. The homeowner is allowed to remain in the home until death or a prearranged date. At that time the home is sold and the lender repaid. Count as an available resource any proceeds from a reverse mortgage payment which the a/b retains at the first of the month following receipt. If the proceeds of a reverse mortgage are given away in the month of receipt, apply transfer of resource policy in 76
MA-2240, Transfer of Assets. Q. Continuing Care Retirement Community (CCRC) Entrance Fees A CCRC provides a continuum of care, including independent living, assisted living, and nursing facility care, under a contract for the life of an individual or for a period longer than one year. If the “entrance fees” are non refundable, do not determine fair market value. If entrance fees are refundable count the portion of the fee that can be refunded. Count the entire amount of the entrance fee at the time of application for institutional services when all of the following conditions are met: 1. The entrance fee can be used to pay for care under the terms of the entrance contract, either in portion or full lump-sum refunds, should other resources of the individual be insufficient; and It is unnecessary for CCRCs to provide a full lump sum refund of the entrance fee to the a/b. If portions of the fee can be refunded or applied to pay for care as required, the condition in 1 is met. 2. The entrance fee (or remaining portion) is refundable when the individual dies or terminates the contract and leaves the CCRC or life care community; and It is unnecessary for the a/b to actually receive a refund of the entrance fee or deposit. This condition is met as long as the resident could receive a refund were the contract to be terminated or if he dies. 3. The entrance fee does not confer an ownership interest in the community. To verify the amount of the “entrance fees”, and to verify if the entrance fees are an available resource, contact the center in which the a/b specifies he has paid an entrance fee. The Department of Insurance website, www.ncdoi.com/fed/se/documents/ccrc/ccrclist.pdf, contains a current list of the Continuing Care Retirement Communities. R. Total the Value of All Liquid Assets Total the value of all countable liquid assets including cash value of life insurance (when total face value owned by any financially responsible person is more than $10,000 for that person), trust funds and revocable burial trusts. XI. TRUST FUNDS A. Definitions 1. Grantor - An individual who uses his assets or funds to create a trust. The grantor may also be the beneficiary. 77
2. Beneficiary - An individual(s) designated in the trust who benefits from the trust. The beneficiary can also be called the grantee. The grantor and beneficiary may be the same person. 3. Trustee - An individual(s) or entity (such as bank or insurance company) that manages and administers the trust for the beneficiary. 4. Principal - The assets that make up the trust. The principal includes income earned on the principal that has not been distributed. The principal is also called the corpus. 5. Proceeds - The income earned on the principal of the trust. It is usually interest, dividends, or rent. When the proceeds are not distributed, they become part of the principal. 6. Disbursement/distribution - Any payment from the principal or proceeds to the beneficiary or to someone on his behalf. B. General Information 1. When the a/b or financially responsible person is the grantor of a revocable trust created for himself or for the benefit of another individual(s), the entire trust principal remains a countable resource to the a/b. 2. When the a/b or financially responsible person is the grantor of an irrevocable trust created for himself or for the benefit of another individual(s), evaluate for transfer of assets unless the trust meets criteria for a Special Needs or Pooled Trust in XI.C., below. Refer to MA-2240, Transfer of Assets. Note: This does not include trusts created by the will of a spouse. Refer to XI.B.4 and XI.J. below. 3. When the a/b or financially responsible person is only the trustee of a trust, the trust is not a countable asset. Count as income fees paid to the a/b for management. Refer to MA-2250, Income. 4. When the a/b or financially responsible person is the beneficiary of a trust, use this section to evaluate the trust: a. As a resource available to the a/b, and b. As income countable to the a/b, and c. As a transfer of resources. C. Types of Trusts 78
1. Revocable Trust - A trust which can be revoked by the grantor or modified or terminated by petitioning the court. A trust which is called irrevocable but which terminates if some action is taken by the grantor is a revocable trust for purposes of this section. 2. Irrevocable Trust - A trust whose terms and provisions cannot be revoked or changed in any way by the grantor or any other party. 3. Special Needs Trust - A specific trust that meets all the following conditions: a. It was created on or after April 1, 1994, and b. It is created for the sole benefit of a disabled individual (as determined by SSA) under age 65, and Note: Sole benefit means that any real or personal property which is capable of being titled and is purchased by the trust must be titled solely in the name of the trust. c. It contains only the disabled individual’s assets/income (no assets or income of others may be commingled), and only after any Medicaid lien on funds recovered from third parties has been paid in full. (See MA-2400, Third Party Recovery regarding tort liability and assignment of rights to third party payments), and d. It is established for the disabled individual under age 65 by the parent, grandparent, legal guardian, court, or by the disabled individual. If the trust is established by the disabled individual , it must be established on and after December 13, 2016 to be a Special Needs Trust. Prior to the date, the trust will not be considered as a Special Needs Trust. e. It must contain a provision that states upon death of the individual or upon the termination of the trust for other reasons the State receives all amounts remaining in the Trust up to an amount equal to the total amount of medical assistance paid on behalf of the individual under the State Medicaid Plan, and f. If proceeds of a settlement on behalf of the Medicaid applicant/beneficiary are used to purchase structured settlement payments, annuities, or other forms of an income stream payable to the Trust over time, the Trust must remain the designated payee. There must be no alternate designated payee named in the contract for the payments until the Trust has been properly wound up and the State has been reimbursed. This ensures that all remaining Trust assets will be available to reimburse NC Medicaid upon the death of the individual or termination of the Trust for other reasons. The Special Needs trust resource exclusion continues after the individual reaches age 65. Any additions to the trust after the individual reaches age 79
65 must be evaluated for a transfer of assets. 4. Pooled Trust - A type of Special Needs trust that combines funds of more than one disabled individual for investment and management purposes. A Pooled Trust can be created for a disabled individual of any age and is excluded from resources. A Pooled Trust must meet all of the following requirements to be excluded as a Transfer of Assets. a. It was created on or after April 1, 1994, and b. It was created for the sole benefit of a disabled individual (as determined by SSA) and c. It is established by the disabled individual, his parent, grandparent, legal guardian, or by a court, and d. It is managed by a non-profit association with a separate account maintained for each beneficiary, and e. It contains a provision that upon the death of the beneficiary the State will receive all amounts remaining in the beneficiary’s account not retained by the trust up to the total amount that Medicaid paid on behalf of the individual. If the Pooled Trust is created for an individual under age 65, and meets the above requirements, do not evaluate for a Transfer of Assets. Pooled Trusts created on or after July 1, 2026, for an individual age 65 and older do not need to be evaluated for a Transfer of Assets. Any additions to a Pooled Trust made on or after July 1, 2026, for an individual age 65 and older are not evaluated for a Transfer of Assets. NOTE: Creation of or additions to Pooled Trusts made prior to July 1, 2026, for an individual age 65 and older must still be evaluated for a transfer of assets. D. Terms of the Trust The terms specify what portion of the principal is available and what disbursements can be made from the trust. Common terms: 1. Discretion of the trustee - This term allows the trustee to decide what portion (up to the entire amount) of the principal of the trust he will make available to the beneficiary. 2. Full discretion - This term allows the trustee to disburse up to the entire amount of the trust to the beneficiary. 80
3. Designated for medical expenses - This term allows the trustee to use the trust to pay the medical expenses of the beneficiary. The amount of the trust that is designated for medical expenses is considered an available asset to the beneficiary. Payments are a third party resource. Refer to MA-2400, Third Party Recovery, to report availability to NC Medicaid. 4. Income beneficiary - This term allows payments to the beneficiary from the proceeds of the trust. The principal is not available for disbursement. 5. Ultimate beneficiary - This term means the entire principal of the trust will be available at a specific point in time. 6. Exculpatory clause - Language in the trust that legally limits the authority of the trustee to distribute funds from a trust if the distribution would jeopardize eligibility for government programs, including Medicaid. E. Procedures 1. Obtain a copy of the trust document and any supporting documentation detailing investments and distributions from the a/b, the a/b’s legal representative, trustee, or attorney. 2. Review the trust document to determine: • The type of trust, • The date the trust was established, and • Whose assets were used to create the trust, and • Who is the beneficiary, and • The value of the trust when it was created, and • What disbursements can be made from the trust principal or proceeds, and • Any special provisions. 3. Contact the trustee to verify: • The current value of the trust, and • Actual disbursements paid from the trust in the base period, and • To whom the disbursements were made, and • The dates of disbursement. 4. Consult with your agency/county attorney for any questions regarding the terms of the trust. 5. Contact OST for assistance in determining how the trust affects Medicaid eligibility. F. Determine Countable Income to the A/B (Also refer to MA-2250, Income) 81
1. Income from a trust which is countable to the beneficiary is determined the same way no matter what type of trust, who created the trust, when it was created, or any special requirements. 2. Count the actual money disbursed by the trustee from the trust principal or proceeds as income to the a/b in the month received: a. Directly to the a/b (spouse, legal representative), or b. Directly to providers for food or shelter. NOTE: Refer to MA-2250, Income, for guidance on contributions of food and shelter. Do not count money paid directly to a provider for any items other than food or shelter as income. The value assigned to in-kind income cannot exceed 1/3 of the SSI amount plus $20. G. Whose Assets Are Used to Create a Trust In determining whose assets (the grantor) are used to create the trust, consider the following: 1. The a/b’s assets include assets owned by any budget unit member. 2. A settlement of an insurance claim or civil suit is considered the a/b’s asset. 3. Assets contributed directly into a trust by individuals other than a budget unit member or by a public organization are not considered the a/b’s assets. EXAMPLE: Community fund raiser for a child in need of an organ transplant contributes the money directly into a trust. 4. Assets used to form a trust created by a will from the estate of a deceased person (including a deceased spouse) are not considered the a/b’s assets. This is also known as a Testamentary Trust. NOTE: Assets which are willed to an a/b and then used to establish a trust are considered to be the assets of a/b. H. Determine Countable Resources and Transfer of Resources Use the following guide: • Revocable Trust - Refer to XI.I. below. • Irrevocable Trust where a/b is the beneficiary of trust established with the funds of an individual other than the a/b or his spouse. This includes testamentary trusts created by will. Refer to XI.J.1. below. 82
• Irrevocable Trust where the a/b is grantor and beneficiary of trust established prior to April 1, 1994. Refer to XI.J.2. below. • Irrevocable Trust where the a/b is grantor and beneficiary of trust established on or after April 1, 1994. Refer to XI.J.3. below. • Special Needs or Pooled Trust where the a/b is the beneficiary established on or after April 1, 1994. Refer to XI.J.4. below. I. Revocable Trust 1. When the a/b or financially responsible person is the beneficiary of a revocable trust created with the funds of an individual other than the a/b or spouse, apply the following rules: a. Countable Resources Do not count the principal as an available resource to the a/b. The trust principal is a resource to the grantor who created the trust and who has the power to revoke the trust. b. Transfer of Resources Do not apply transfer of resource policy to the a/b since his assets were not used to create the trust. 2. When the a/b or financially responsible person is the grantor of a revocable trust, apply the following rules: a. Countable Resources Count the current principal plus proceeds that have not been distributed. b. Transfer of Resources Apply transfer of resource policy to any disbursement from the trust principal or proceeds to or for the benefit of an individual other than the a/b. Refer to MA-2240, Transfer of Assets policy. 3. If a revocable trust is changed to an irrevocable trust, evaluate as a transfer effective the date the irrevocable trust is established. Refer to XI.J., below. J. Irrevocable Trusts 1. When the a/b or budget unit member is the beneficiary of an irrevocable trust established with the assets of someone other than himself or spouse determine 83
if any portion of the trust is a countable resource as follows. This includes testamentary trusts created by the will of any individual, including a spouse. a. No Trustee Discretion If the terms of the trust do not allow for trustee discretion, count the portion of the trust principal and undistributed proceeds that could be disbursed to the a/b based on the terms of the trust. b. Trustee Discretion Contact the trustee to verify what he will make available. (1) Count the amount the trustee(s) agrees to make available. (2) If the trustee refuses to make any portion available, do not count any portion as a resource. c. Transfer of Resources Do not apply transfer of resource policy to the a/b since his assets were not used to create the trust. 2. When the a/b is the grantor and beneficiary of an irrevocable trust established prior to April 1, 1994 (formerly called a Medicaid Qualifying Trust or MQT), apply the following rules: a. Countable Resources Count the maximum portion of the trust principal and undistributed proceeds that could be disbursed to the a/b based on the terms of the trust. (1) If the terms specify trustee discretion, assume the trustee exercises full discretion and count the full amount that could be disbursed. This applies regardless of whether or not the maximum payments are actually made. (2) If the terms of the trust limit discretion to disburse when Medicaid eligibility will be affected (exculpatory clause) only count those resources which can be disbursed according to the terms of the trust. b. Transfer of Resources Apply transfer of resource policy to any portion of the trust that is unavailable or made unavailable for the benefit of the a/b according to the terms. Refer to MA-2240, Transfer of Assets, policy. 84
3. When the a/b is the grantor and beneficiary of an irrevocable trust established on or after April 1, 1994, apply the following rules: a. Countable Resources Count the maximum portion of the trust principal and undistributed proceeds that could be disbursed to the a/b. In determining what is available to be disbursed, DISREGARD: (1) The purpose for which the trust was established, (2) Whether the trustee has discretion, (3) Any exculpatory clause restricting disbursements which affect Medicaid eligibility. (4) Any other restrictions on when disbursements can be made or the use of the distributions. This means that if the terms allow ANY circumstances by which all or a portion of the principal or proceeds can be disbursed to a/b, that portion is considered an available resource to the a/b. EXAMPLE: A trust contains $75,000. The terms stipulate that the trustee can disburse up to $50,000 to the grantor. The $50,000 can be paid to the grantor only in the event he needs, for example, a heart transplant. Count $50,000 in resources because it can be paid under some circumstances, although remote. Or if the terms stipulate $50,000 can be disbursed to the grantor on some date in the future, count $50,000 in resources because there is a circumstance where a disbursement can be made. b. Transfer of Resources Apply transfer of resource policy to any portion of the trust that is not counted in resources for the a/b. In the above example, the $25,000 that cannot be disbursed for any reason is a transfer of assets. Refer to MA-2240, Transfer of Assets policy. 4. When the a/b is the beneficiary of a Special Needs trust (See definitions in XI.C.3. above) established on or after April 1, 1994: a. Countable Resources Do not count the trust principal or undistributed proceeds. b. Transfer of Assets 85
(1) A Special Needs Trust created for an individual under age 65 does not need to be evaluated for a Transfer of Assets unless additions are made to the trust after the beneficiary turns age 65. Any addition to the trust after the individual turns age 65 is evaluated for a transfer of assets. (2) A Special Needs Trust created for an individual after he reaches age 65 must be evaluated for a Transfer of Assets. (3) Any disbursement from a Special Needs Trust that is not for the sole benefit of the individual must be evaluated for a Transfer of Assets. Evaluate disbursements at application and each redetermination. 5. When the a/b is the beneficiary of a Pooled Trust (See definitions in XI.C.4. above) established on or after April 1, 1994: a. Countable Resources Do not count the trust principal or undistributed proceeds. b. Transfer of Assets (1) Creation of or additions to a Pooled Trust made at any age, on or after July 1, 2026, does not need to be evaluated for a Transfer of Assets. NOTE: Transfers or additions to Pooled Trusts made prior to July 1, 2026 for an individual age 65 and older must still be evaluated for a transfer of assets. (2) Any disbursement from a Pooled Trust that is not for the sole benefit of the individual must be evaluated for a Transfer of Assets. Evaluate disbursements at application and each redetermination. XII. LIFE INSURANCE AND ANNUITIES A. Definitions 1. Face value of Life Insurance policy Face Value is the amount of basic death benefit contracted for at the time the life insurance policy is purchased. 2. Cash surrender value (CSV) of Life Insurance policy The cash surrender value of a life insurance policy is a form of equity value that a policy acquires over time. The policy owner can only obtain its CSV by turning in the policy for cancellation before it matures or when the insured 86
dies. A loan against a policy reduces its cash surrender value. 3. Annuity An annuity is a type of trust. An individual pays an entity a lump sum of money in return for the right to receive fixed, periodic payments, either for life or a term of years. 4. Long Term Care Partnership-Resource Disregard Individuals who have a qualified Long Term Care partnership Program policy may have resources disregarded at application for LTC/CAP Medicaid. The resource disregard can be up to the amount of benefits paid by the policy as of the date of application. 5. Long Term Care Partnership-Resource Protection at estate recovery An amount equal to the resource disregard given to a Medicaid beneficiary during the LTC/CAP Medicaid eligibility determination process. B. Cash Surrender Value (CSV) of Life Insurance as a Resource The cash surrender value (CSV) of life insurance policies is accessible and is a countable resource when the face value of all policies which generate a CSV owned by the individual exceeds $10,000.00. Evaluate each individual separately. Ask at each application and redetermination for MAABD, MQB-Q, MQB-B, MQB-E, and MWD, if the a/b or financially responsible spouse/parent own or have recently purchased insurance. Only verify policies owned by the a/b or financially responsible spouse/parent. Exclude as a resource the cash surrender value of life insurance policies when the face value of all policies which generate a CSV equals $10,000 or less. C. Whole Life Insurance Whole life is a common type of insurance which generates a CSV. 1. Face Value/Cash Surrender Value a. Use the original face value when the policy was issued to establish total face value. b. Count the CSV of whole life insurance owned by the a/b or financially responsible person, when the total face value of all policies which generate a CSV owned by each person exceeds $10,000 2. Participating Policy 87
a. A participating whole life policy pays dividends annually. Dividends paid by a participating policy may be added to the face value, increase the cash surrender value or be paid to the policy owner. Count dividends even if the total face value is equal to or less than $10,000. Verify how dividends are paid. Refer to XII.I.2. below. b. Universal Life Universal life policies are a type of participating whole life policy. D. Long Term Care Partnership policy A qualified Long Term Care Partnership policy provides the Medicaid a/b with a resource disregard up to the amount of benefits paid out by the policy as of the date of application for LTC Medicaid or CAP. The resource protection at estate recovery is equal to the amount paid out from the qualified Long Term Care Partnership program policy as of the date of application. If the client has a community spouse, first apply the Community Spouse Resource allowance. See MA-2231, Community Spouse Resource Protection for instructions. If after completing the CRSA the client’s resources are above the limit, follow the steps below for the client with a qualified Long Term Care Partnership policy. To identify that a long term care policy is a qualified Long Term Care Partnership policy, the policy must be accompanied by a Partnership Disclosure Notice which explains the details of the Partnership program, resource disregard and protection at estate recovery. 1. The qualified Long Term Care Partnership Policy includes: a. An effective date of January 1, 2011 or later, unless the policy was purchased in another state. b. The policy states that if the insured is already a beneficiary of long term care Medicaid, the policy will not allow a resource disregard and protection at estate recovery and, c. A statement that the purchase of a partnership policy does not guarantee qualification for Medicaid. 2. Only the available and countable assets owned by the individual Medicaid a/b and his share of jointly owned assets may be considered when applying the resource disregard. Only the assets of the individual may also be protected at estate recovery. 3. The North Carolina Medicaid program may allow a resource disregard and protection at estate recovery for an individual who purchased a qualified Long Term Care Partnership policy in another state which has a reciprocal agreement with the state of North Carolina. To determine if the state and North Carolina have a reciprocity agreement, visit the website State Partnership for Long Term Care. 88
4. If countable resources exceed the resource limit after the CSRA, and the client has a qualified Long Term Care Partnership policy, take the following steps: a. Obtain a copy of the qualified Long Term Care Partnership policy. Verify the amount paid out on behalf of the insured as of the date of application by contacting DMA Beneficiary Services at 919-855-4000. (1) The amount paid out on behalf of the individual is the amount of resource disregard and protected amount at estate recovery. Report this amount to the estate recovery administrator at DMA. (2) To determine the amount to deduct from excess resources see c. below. b. If the client is unable to locate a copy of the qualified Long Term Care Partnership policy, request that the client provide the insurance company name and address, policy number, name of the insured, original value and amount paid out on behalf of the insured. Verify that the policy is a qualified Long Term Care Partnership policy and verify the amount paid out on behalf of the insured as of the date of application by contacting DMA beneficiary services at 919-855-4000, once you have the above information. c. Determine the amount to deduct from excess resources: (1) STEP 1: Determine the amount paid out from the qualified Long Term Care Partnership policy. (2) STEP 2: Determine amount of countable assets which are solely owned by the insured and his share of any jointly owned assets. (3) If amount in STEP 1 < amount in STEP 2, subtract amount in STEP 1 from excess resources. (4) If amount in STEP 1 > amount in STEP 2, subtract the amount in STEP 2 from excess resources. (5) If the client still has excess resources, he is not eligible unless he reduces or rebuts the excess resources. Example 1: Mr. Magenta, a single 69 year old man, purchases a qualified Long Term Care Partnership policy in North Carolina on 01/10/2011 with a lifetime maximum of $150,000. He applies for LTC on June 1, 2014 and has used $148,000 in benefits under the policy. The amount of resource disregard and estate recovery protection is the $148,000. Report $148,000 to the estate recovery administrator. His countable resources are $163,050. ($163,050 – 2,000 = 161,050 excess resources). 89
Step 1: $148,000 Step 2: $163,050 (amount of resources in his name) The amount in STEP 1 < amount in STEP 2. Deduct $148,000 from the excess resources ($161,050 – 148,000= $13,050). Mr. Magenta must reduce resources in order to be eligible. Example 2: Mr. Salt, a 70 year old married man, purchases a qualified Long Term Care Partnership policy in Virginia in 2009 with a lifetime maximum of $250,000. He enters a nursing home in North Carolina a year later. His wife applies for LTC on May 3, 2014. The policy has paid out $248,500 as of this date. Total countable resources (before CSRA) are $297,060. All property is jointly owned by Mr. Salt and Mrs. Pepper. Countable resources after CSRA are $187,500 – 2,000 = 185,500 excess resources. STEP 1: $248,000. STEP 2: $297,060 /2 = $148,530 (his share of resources jointly owned). The amount in STEP 1 > amount in STEP 2. Deduct $148,530 from excess resources. ($185,500 – 148,530 = $36,970). Mr. Salt must reduce or rebut excess resources in order to be eligible. 5. Reporting the amount of resources protected at estate recovery: Send to the DMA- Estate Recovery Administrator the name of the insured and the name and address of the insurance company. Include the amount protected from estate recovery due to the client having a Long Term Care Partnership policy and attach a copy of the policy, if one is available. Retain a copy of this information in the case file. 6. Non-Participating policy A non-participating whole life policy does not pay dividends. Verify the original face value and current CSV. E. Annuities An annuity guarantees the annuitant (person who receives benefit from the annuity) periodic payments of a fixed amount for a specified term of years, for life, or until some specified event takes place in exchange for the payment of a fixed sum. 1. An annuity is usually purchased with a single premium or payment. 2. An annuity is a resource if one of the following criteria are met: An annuity which is revocable or which can be sold or assigned is a countable resource. Contact the issuer via the DMA-5111, Annuity Verification Form, to determine the annuity’s status. 90
a. If it is revocable determine from the issuer what amount the a/b would receive if he or she revoked the amount of the annuity. This amount is a countable resource. b. If the annuity can be sold, determine from the issuer the amount the a/b would receive for selling the annuity. This amount is a countable resource. c. Determine from the issuer if the payments from the annuity can be assigned to another person. If payments can be reassigned, then the annuity is considered assignable and is a countable resource. 3. Verification Sources a. Request a copy of the terms of the annuity from the a/b. b. Contact the issuer of the annuity. Send a DMA-5111, Annuity Verification Form, at each application and redetermination for institutional services. 4. Burial annuities pay the estate for burial costs and burial is the compensation, like an irrevocable burial trust. If they are irrevocable and attached to an irrevocable burial contract they are not a countable resource. If revocable, only exclude up to the burial exclusion. 5. For each annuity evaluated during application or redetermination, send a copy of the annuity, the a/b’s name, Medicaid ID number, case number, and short explanation identifying the annuity as a resource or asset for the a/b to: North Carolina Department of Health and Human Services Third Party Recovery Section Division Of Health Benefits 2508 Mail Service Center Raleigh, NC 27699-2508 F. Annuities Purchased Prior to November 1, 2007 If an annuity purchased prior to November 1, 2007, is a resource, its purchase is not a transfer of assets. Count the value of the annuity as a resource. If the annuity is not a resource, evaluate for transfer of assets. Refer to MA-2240, Transfer of Assets. If the annuity is actuarially sound according to the policy in effect prior to November 1, 2007, the purchase of the annuity was an allowable transfer. G. Annuities Purchased or Changed On or After November 1, 2007 If an annuity purchased or changed on or after November 1, 2007, is a resource, it does not have to meet the transfer of asset requirements to be one of the acceptable types of annuities or to be actuarially sound. Refer to MA-2240, Transfer of Assets. 91
Send a DMA-5110, Request for Medical Assistance Coverage For Institutional Services and Disclosure Of Annuities, to the beneficiary and a DHB-5097/DHB-5097S Request For Information. Send a DMA-5112, Informational Notice Regarding Annuities and Medicaid Eligibility, to the issuer of the annuity. The annuity that is a resource still must meet the requirement related to the State of North Carolina Medicaid Program being named as a remainder beneficiary. If it does not meet this requirement, it is a non-allowable transfer. Refer to MA-2240, Transfer of Assets. However, it is likely that since the annuity is a countable resource, the a/b or the a/b’s spouse will be ineligible due to excess resources and transfer of assets sanction will not apply. If an annuity purchased on or after November 1, 2007, is not a resource, it must be evaluated for transfer of assets under the rules in MA-2240, Transfer of Assets. H. Term Life Policies (including burial insurance policies, accident policies with death benefits) 1. Most term life policies do not generate a cash surrender value (CSV). a. If a term life insurance policy generates a CSV, include the face value in the total face value of policies which generate a CSV to determine if the CSV is a countable resource. Refer to XII.B. above. b. If the term life insurance does not generate a CSV, do not include the face value of the policy in determining the total face value of all policies that generate a CSV. 2. Verify any dividends paid by the policy. See XII.I.2.a. below for budgeting. I. The Single Premium Pure Endowment These policies pay a benefit in a balloon payment only to those persons who survive a certain period of time. The endowment portion is similar to an annuity. The purchase of a Single Premium Pure Endowment policy is an uncompensated transfer. Refer to MA-2240, Transfer of Assets. J. Verification 1. Examine life insurance policies (if available) and document: a. The name of the Insurance Company b. Policy number c. Name of the insured (on whose life the policy is written) d. Owner of the policy 92
(If the owner is not the a/b or financially responsible spouse/parent the policy is not an available asset to the a/b.) e. Whether the policy is participating or non-participating If this information is not printed on the policy request verification from the insurance company. This must be documented for all policies, regardless of whether the total face value exceeds $10,000. If a/b states face value does not exceed $10,000, do not hold up processing the application, but request verification of whether the policy is participating or non participating from the insurance company. f. Face Value Use the original death benefit or the graduated face value table on the original policy when issued. (1) Face value, death benefit: The face value was printed on the original policy when it was issued. If the IMC knows the policy is participating, verification requests to the insurance company should ask for face value minus any dividend additions to face value. (2) Face value includes increases in the face value as part of original policy contract. This is evidenced by a graduated face value table printed on the original policy. (3) Face value does not include: • Additional Face Value purchased with dividend additions • Accidental death (double indemnity) provisions • Term life benefits (riders) on other family members g. Cash Surrender Value (CSV) Document and use the amount in the cash surrender value table printed with the policy, if available, UNLESS (1) The cash surrender value table is out of date; or (2) It is printed on a policy that it is a participating policy. h. If the actual paper policy issued by the life insurance company is NOT available, contact the life insurance company to verify the items listed in a. through g. above. Use the DMA-5155, Verification of Cash Value of Life Insurance, and address correspondence to: Manager, Policy Holder Service Division, 93
• Company Name. If known, provide the following identifying information: • Full name of the policy holder, • Date of birth, • Social Security number • Policy number, and • Date policy was issued • Also request: • Any other policies owned by the client; and • Projected cash surrender value for future years. 2. Verifying a Participating Policy a. If the policy is participating and pays dividends verify how dividends are paid as it may affect the cash surrender value of the policy or be a countable resource. (1) Dividend Additions Dividend additions may be used to purchase additional face value or increase the policy’s cash surrender value. Usually, the cash surrender value table that is issued with the policy does not reflect the value of dividend additions to cash surrender value. (2) Dividend Accumulations Dividend accumulations may be applied to premiums, or remain in the “custody” of the insurance company for the purpose of accumulating interest. Dividend accumulations which are not used to pay a premium are treated the same as money in a savings account. Dividend accumulations not applied to insurance premiums count as a resource regardless of total face value of policies which generate a CSV. (3) Dividend payments to Owner Dividends are not income in the month received, but are a countable resource if retained until the following month Refer to MA-2250, Income. b. Verify Dividend Payments Verify dividend payment by a copy of the annual premium notice, (the owner receives this on the anniversary date of the policy, and it includes an accumulation of all benefits, the amount of dividends, how dividends are being used or paid) or contact with the insurance company. 94
c. Verify Cash Surrender Value With the Company if: • The cash surrender value table has expired; or • Total resources of the budget unit at application is $1200 or greater; or • The a/b disagrees with the value established by the table. K. Determine Countable Value of Insurance 1. Count the CSV of all policies owned by the a/b and the financially responsible spouse/parent when the total face value of all policies which generate a cash surrender value owned by each exceeds $10,000. 2. Cash Surrender Value of Non-participating Policy may be obtained from: • Cash surrender value table printed on the policy; • Direct contact with the company; or • For applications only, client’s statement. 3. Participating Policy a. Always use the original face value (when the policy was issued) to determine if CSV is countable (if total face value of all policies owned by an individual is $10,000 or less the CSV is not countable). Ignore additional face value purchased with dividend additions. b. For “graded policies” (those with a graduated face value printed on the original policy), use the face value for the year in which the eligibility is being determined. c. Dividend additions used to increase the CSV of a participating policy are part of the CSV of the policy and are countable if face value of all policies which generate a CSV exceeds $10,000. d. Applications If total face value of all policies which generate a CSV exceeds $10,000 for an individual, use the increased CSV if the amount is known by the a/b (accept his statement if the total resources do not exceed $1200) or can be verified by a copy of the annual premium notice or by contact with the insurance company prior to disposition of the application. (1) If third party verification is requested, do not pend the application for verification of the increased CSV. (2) When verification is received, if the additional CSV which was available at application is still available and causes ineligibility, propose termination and inform the beneficiary of possible ways to 95
reduce resources (i.e. purchase of burial contract, etc.) e. Redeterminations (1) If total face value of all policies which generate a CSV exceeds $10,000 for an individual, use the increased CSV if the policy has not been designated for burial expenses and excluded through application of the $1500 burial exclusion. (2) After the policy has been designated for burial, ignore any increases in CSV, including dividend additions, unless a new loan or cash withdrawal occurs. 4. Burial Exclusion Burial exclusion allows $1500 to be excluded from otherwise countable resources. See Item XIII. to determine how to apply life insurance values to the burial exclusion L. .Actions Which Decrease the Cash Surrender Value (CSV) 1. Irrevocable assignment of CSV as payment of medical debt. a. A hospital or other medical provider is “guaranteed” some payment against the patient’s indebtedness prior to Medicaid authorization and the CSV is eliminated from resources. This does not have to be offered as a new way to reduce resources. Payment of legitimate debt has always been an acceptable way to reduce resources. b. The individual who “owns” the policy must pay premiums and can name a beneficiary other than the holder of the lien on the cash surrender value. c. The death benefit is still paid to the beneficiary, but it is reduced by the amount of any valid liens against the cash surrender value on the date of death. The amount of the lien would be paid to the lien holder. d. For Medicaid resource calculations, insurance CSV is decreased beginning with the date the papers are signed. e. If the cash surrender value exceeds the amount of lien/debt, and the CSV must be counted as a resource due to the total face value of all policies which generate a CSV exceeding $10,000 for the individual, the amount of the CSV in excess of the amount of the lien/debt would be a countable resource. f. If the medical charge was incurred prior to the current certification period, the lien may reduce the unpaid balance of an “old bill” which could otherwise be applied to the deductible. On the date the papers are signed, 96
the portion covered by a lien is ‘paid’. Do not apply this portion of the bill to a deductible. g. If the medical charge was incurred during the current certification period, it is allowable to apply to the deductible for that certification period. 2. Individual obtains Cash Surrender Value or a loan against CSV When an a/b cashes in an insurance policy that generates a CSV, this is a conversion of one type of resource to another. When the policy is surrendered for cash, or a loan is taken out against the CSV, the money received is counted as a resource until it is spent. 3. Irrevocable Change of Beneficiary Irrevocable change of beneficiary means filing a rider to the policy that irrevocably changes the beneficiary to a funeral home or to the person’s estate for purposes of funeral expenses. This action must prevent the person from obtaining the cash surrender value. Verify this with the insurance company. Each insurance company will have its own forms and language. The key points are: • Beneficiary is funeral home or estate for burial purposes • Verification from insurance company that they have processed the change • Designation of beneficiary is irrevocable • Verification from insurance company that the insured cannot get the cash value 4. Change of Ownership/Absolute Assignment A change in ownership of the policy to a third party is frequently referred to as absolute assignment. Verify the change in ownership with the insurance company. This could result in a sanction for a/b in long term care if equal compensation was not received for the policy’s value. Compensation may be verified by a copy of the contract. XIII. BURIAL EXCLUSION Burial exclusion is only used when the a/b has excess countable resources. It is a method to exclude up to $1500 value of otherwise countable liquid assets for burial expenses for each financially responsible person. This section contains rules and procedures for burial exclusion. A. Burial Exclusion Rules 1. Always ask the a/b if he or a financially responsible person has resources which are intended to be used for burial purposes. 97
2. Use the $1,500 burial exclusion to reduce countable resources when the a/b or financially responsible person has excess liquid assets in: • A revocable burial contract for his burial expenses, • Cash surrender value of life insurance on his own life, • Cash/bank accounts/certificates of deposit, or • Stocks and bonds. • Revocable burial annuities. 3. Do not use the burial exclusion if the a/b or financially responsible spouse/parent have irrevocable burial arrangements valued at $1,500 or more. Irrevocable contracts are not a countable resource but they “use up” the burial exclusion for an individual. 4. If excluding $1,500 (for each financially responsible person) of countable assets listed above is sufficient to reduce countable resources to the limit for the budget unit: a. Inform the a/b that liquid assets (except life insurance) designated as a burial asset cannot be excluded if commingled (held in the same account) with non-burial assets. Request proof that the assets have been separated. See MA-2303, Verification Requirements for Applications, and MA-2304, Processing the Application, for time frames and requirements. b. When burial assets are not commingled, exclude $1,500 of the value of liquid assets for the a/b and each financially responsible spouse/parent’s burial expenses. c. Begin the burial exclusion with any month assistance is requested, including the retroactive period. 5. Burial exclusion applies to all financially responsible individuals, including: a. An MAABD/MQB/MWD applicant/beneficiary of any age. b. A legal spouse of the MAABD/MQB/MWD applicant/beneficiary, including the community spouse of the institutionalized a/b. c. Parents of the MAABD applicant/beneficiary, if the a/b has never been married and is under age 18. 6. If the burial exclusion ($1,500 of liquid assets per budget unit member) does not reduce resources below the allowable resource limit, resources must be reduced within the 45/90 day standard processing time for applications. The individual is not eligible until the date the resources are reduced below the allowable resource limit. 98
7. Follow the steps in B. - F. below to use the burial exclusion. Always deduct the value of burial assets until the burial exclusion is depleted (you reach zero dollars) or all assets have been deducted. Deduct assets in the following order: a. Irrevocable Burial Arrangements b. Face Value of Life Insurance if total face value is $10,000 or less. c. Revocable Burial Arrangements d. Cash Surrender Value of Life Insurance if total Face Value Exceeds $10,000 e. Dividend Accumulations or Cash/Funds in a Bank Account Refer to G. below for instructions in applying the burial exclusion. B. Irrevocable Burial Arrangements Follow these steps for each individual to determine if there is an irrevocable arrangement as specified in 1, 2, or 3 below. Deduct any irrevocable burial arrangement from the person’s $1,500 burial exclusion. 1. Irrevocable trust/contract A trust, contract, insurance policy or annuity with a funeral home, bank, insurance company, etc. that lists the a/b or financially responsible spouse/parent as the beneficiary. a. Irrevocable means neither the depositor/purchaser nor the funeral home/bank can withdraw the funds or change the contract. NOTE: Even though a court, including a magistrate, can revoke an irrevocable contract, the contract remains irrevocable and is excluded until it is revoked. b. View a copy of the contract to verify that it is irrevocable, the name of the beneficiary and the face value received in exchange for funds. c. Do not require that the contract include a listing of goods and services to be provided unless the information is needed for evaluation for transfer of assets (MA-2240, Transfers of Assets) if it appears assets may have been transferred without equal compensation. 2. Irrevocable designation of beneficiary This is an irrevocable designation of an insurance policy making it payable to a funeral home or to the estate of the deceased for purposes of funeral expenses. 99
This action must prevent the person from accessing the cash surrender value. Irrevocable designation of beneficiary to the funeral home is preferable to designation of the estate as beneficiary or absolute assignment. a. The designation may be made when the policy is taken out, or b. The beneficiary may be irrevocably changed by a rider filed with the insurance company. c. Verify with the insurance company that: • The designation has been filed with the company, • The designation is irrevocable, and • The client cannot access the cash surrender value of the policy. d. The services purchased do not have to be selected in advance. 3. Absolute assignment Absolute assignment is a change in ownership. Absolute assignment of a deferred or single premium annuity or other insurance policy to a funeral home can be made in exchange for burial services. 4. Availability An irrevocable burial asset is not available and is not a countable resource. Exclude the entire value from countable resources, not just $1500. a. If the total value of irrevocable burial assets equals or exceeds $1500, the burial exclusion is used up. No additional assets can be excluded under burial exclusion. b. If there is any amount of exclusion left after deducting all irrevocable burial arrangements from $1500, continue to the next excludable item, XIII.C. C. Face Value of Life Insurance Which Generates a Cash Surrender Value After deducting irrevocable burial arrangements, if the total face value of all life insurance policies which generate a CSV owned by the a/b or a financially responsible person does not exceed $10,000: 1. Deduct the face value of all life insurance policies that generate a CSV which insure the life of that individual from the amount left in the individual’s $1500 burial exclusion. Do not deduct the face value of life insurance policies that insure the life of another individual. 2. Face value of life insurance policies that generate a CSV is not a countable resource, but it must be applied to the burial exclusion. 100
3. If the total face value of all life insurance policies that generate a CSV equals or exceeds the amount left in the $1500 burial exclusion, the burial exclusion is used up. 4. If there is any amount of exclusion left, continue to the next excludable item, XIII.D. NOTE: Life insurance and burial insurance policies which do not accrue a cash value are not deducted from burial exclusion and are not a countable resource. See VII.I.2.a. for treatment of any dividends paid by a term life policy. D. Revocable Burial Arrangements After deducting irrevocable burial arrangements and face value of life insurance policies that do not exceed $10,000 which generate a cash value, deduct the value of a revocable burial contract with a funeral home or other revocable trust or annuity established for burial expenses from the amount left in the $1500 burial exclusion. 1. Revocable means the funds are available and can be withdrawn. 2. A revocable trust or annuity which is not limited to payment of burial expenses within the body of the agreement cannot be excluded under burial exclusion policy. 3. Deduct the value of the revocable burial arrangement from the amount left in the $1500 burial exclusion. 4. A revocable burial trust may appreciate in value or accumulate interest. a. Verify the value at application. Once the application is approved, at redeterminations ignore any subsequent increase in value due to interest/accumulation of a revocable burial trust which has been excluded through burial exclusion. b. If the case is later terminated and a/b reapplies, count the full value of the revocable trust in the verification month. 5. If the value of the revocable burial arrangement exceeds the amount left in the $1500 burial exclusion at application: a. Burial exclusion is used up; AND b. Excess amount of the revocable arrangement counts in resources. 6. In the record, document the amount of the revocable arrangement which was counted in resources at point of Medicaid approval and count this amount in resources at review unless the revocable arrangement is changed to 101
irrevocable. 7. If there is any amount of exclusion left, continue to the next excludable item, XIII.E. E. Cash Surrender Value of Life Insurance When total face value of all life insurance policies which generate a cash value owned by the a/b or a financially responsible individual exceeds $10,000: 1. After deducting irrevocable burial arrangements and revocable burial arrangements, deduct the cash value of life policies designated for burial on the life of the individual from the amount remaining in that individual’s $1500 burial exclusion. EXAMPLE: Mr. and Mrs. Blue applied for Medicaid. Mr. Blue has a whole life policy on himself. The face value is $50,000 with a cash value of $2,500. No assets have yet been applied to the burial exclusion. Only $1500 can be applied to Mr. Blue’s burial exclusion and none to Mrs. Blue as she is not the insured. 2. Accept the verbal statement of the policy owner or his representative that the policy is designated for burial. 3. If there is any amount of exclusion left, continue to the next item, XIII. F. 4. If burial exclusion is used up: a. At application, cash surrender value of life insurance policies that exceeds the $1500 burial exclusion limit of a designated policy is a countable resource. b. At redetermination, the original amount of cash surrender value of life insurance policies when total face value exceeds $10,000 that exceeded the $1500 burial exclusion (counted at application and not excluded as part of the $1500 burial exclusion) continues to count in resources. However, increases in cash surrender value are ignored as long as the policy(s) is designated for burial. EXAMPLE: Single a/b has one life insurance policy with face value of $13,000. The cash surrender value at application was $3000. The a/b stated it is intended and needed for burial expenses. He has no other resources. $3000 Cash surrender value of life insurance - 1500 Burial exclusion (no other burial assets) $1500 Excess counts in resources At review the cash value has increased to $3,500. The a/b continues to 102
state that it is needed for burial and has acquired no other assets to be applied to the burial exclusion. Continue to count only $1500 of cash value as a countable resource. Increases in cash value after Medicaid eligibility begins are disregarded if the policy remains designated for burial expenses; continue to count the original $1500 excess cash value at review. c. After the disposition of the application, any action which reduces or depletes the cash surrender value of a policy (except to pay the premium), that is designated for burial expenses, revokes the burial designation. Stop using the cash surrender value as a burial exclusion when: (1) A loan has been taken against the cash surrender value subsequent to designation; or (2) The policy has been used as collateral subsequent to the exclusion. (3) A policy is “designated” and action is taken during the application processing period to reduce the value. Do not consider the policy as having been designated for any period of time for which eligibility is being determined. d. Always count the cash surrender value of policies owned by the a/b and financially responsible spouse/parents which are on the life of someone outside of the budget if the owner’s total life insurance face value exceeds $10,000 for policies which generate a CSV. Examples: (1) Mr. Brown owns whole life with a face value of $15,000 on himself, whole life with a face value of $1500 on his grandson, and a $1000 term life policy which has no CSV on himself. The total face value of all life policies which generate a CSV owned by Mr. Brown is over $10,000; so cash surrender value is countable. Only the cash value of the $15,000 whole life policy on Mr. Brown is deducted from his burial exclusion. Neither the $1500 whole life on his grandson nor the $1000 term life is used to reduce the burial exclusion for Mr. Brown. (2) Mrs. Green owns whole life policies with face value of $5,000 each on herself, her spouse, and her granddaughter. Total face value of policies which generate a CSV owned by Mrs. Green exceeds $10,000, so the total cash surrender value of all policies counts in resources. Current cash surrender value of each policy is $650. No other burial resources are reported. Couple’s checking account has $100 and savings is $1200. Total countable resources including cash value of policies is $3250. This exceeds the resource limit. $650 cash value on Mrs. Green’s policy and $650 cash value on policy on Mr. Green can be excluded by applying the $1,500 burial 103
exclusion for each spouse. ($1,500 - $650 = $850 remaining for burial exclusion for each spouse.) Total resources are reduced to $1,950 ($100 checking, $1,200 savings + $650 cash value from the policy on the granddaughter). e. A revocable change of beneficiary to a funeral home designates the policy for burial expenses, but it does not make cash surrender value unavailable to the a/b. After the $1,500 burial exclusion is used up, remaining cash surrender value counts. Count the excess cash surrender value amount at the point it is designated but ignore increases. EXAMPLE: Mr. Jones has a whole life policy with face value of $15,000 and no other burial assets. The current cash surrender value on the policy is $2,500. Mr. Jones has changed the beneficiary of the policy to be the local funeral home. The change is revocable. $1,500 of the cash surrender value of the designated policy can be excluded through burial exclusion, but the remaining $1,000 cash surrender value counts in resources. 5. Increases in Cash Surrender Value Ignore increases in cash surrender value of a policy(s) designated for burial unless: • A loan or withdrawal of cash surrender value occurs; or • At redetermination, the a/b has not designated the policy for burial; or • Client’s statement of cash surrender value was used to approve application (this is follow up after approval); 6. Verify Outstanding Loans/Withdrawals from Cash Surrender Value. a. An applicant may designate remaining cash surrender value for burial even if there is an existing loan on the policy or it is collateral on an outstanding loan. b. If a new loan/cash withdrawal occurs after designation for burial, designated status is lost. That policy cannot be re-designated for burial. Any cash surrender value remaining on that policy counts in resources at that time and in the future. Once the loan is paid off the policy can be re- designated. F. Dividend Accumulations or Cash/Funds Held in a Bank Account 1. These countable liquid assets may be used to: a. Purchase burial assets to reduce resources in any amount within the 45/90 day processing time; BUT 104
b. May only be excluded under burial exclusion when $1,500 burial exclusion will reduce resources and establish eligibility (amount of excess resources is equal to or less than the amount of burial exclusion left after deducting all other burial assets). 2. If exclusion of amount remaining in burial exclusion is enough to reduce resources: a. Inform a/b of amount of funds or dividend accumulations which can be designated for burial. b. Obtain a/b’s verbal statement as to whether he intends to use the funds for burial expenses. This is a verbal designation. c. Inform the a/b that cash funds intended for burial expenses must not be commingled with other funds. Proof that the funds have been separated within time limits is required to establish eligibility. d. For an applicant, pend up to 45th or 90th day for documented proof that the funds are not commingled. The applicant’s statement is not sufficient. Refer to MA-2304, Processing the Application. e. For a beneficiary, proof must be provided prior to the effective date of termination. (1) Send a DHB-5097 informing the beneficiary of the amount of excess resources and that: (a) A signed or verbal statement that the funds will be designated and separated for burial expenses must be received within the 12 calendar days of the date on the DHB-5097, and (b) Proof that action has been taken to separate the funds must be provided within 30 calendar days of the date of the DHB-5097. (2) If the signed statement is not received within 12 calendar days or if proof of separating is not received within 30 days, send a timely notice and terminate the case. (3) Proof must show, at a minimum, that the necessary paperwork was submitted to the insurance company or funeral home, or funds held in a bank are designated and separated. EXAMPLE: Application on 6/5 for retro May and on-going. Single applicant has one life insurance policy with face value of $1,000 and a savings account with $2,500 which a/b states is intended and needed for burial expenses. 105
$ 1,500 Burial exclusion - 1,000 Face value of life insurance 500 Amount left for burial exclusion $ 2,500 Liquid assets verbally designated for burial - 500 Amount which can be excluded through burial exclusion $ 2,000 No excess resources The entire savings account is designated for burial. It is not commingled with other non-burial assets. Therefore, the client may continue to keep the excluded $500 in the savings account. 3. If the amount remaining in the burial exclusion is not enough to reduce resources to allowable limit, inform a/b of: a. The amount of excess resources; AND b. Methods to reduce it, including purchase of an irrevocable burial asset. c. Refer to MA-2303, Verification Requirements for Applications. d. Refer to H. for methods to reduce resources through purchase of burial expenditures. EXAMPLE: Application taken 6/5 with request for retroactive Medicaid for May and ongoing. Single applicant owns one policy with face value of $1,000 and a savings account with $3000 which he states is intended and needed for burial expenses. $ 1,500 Burial exclusion - 1,000 Face value of life insurance $ 500 Amount left for burial exclusion $ 3,000 Liquid assets intended for burial - 500 Amount left for burial exclusion $ 2,500 Countable resources – burial exclusion does not establish eligibility Applicant is not eligible through application of burial exclusion. Resources must be reduced. One way to reduce resources is to use the liquid assets to purchase a burial asset that is excluded from date of purchase (this cannot be used to establish eligibility for May). 4. If the applicant dies before the application is made, or before it is disposed, the amount of countable resources excluded for burial expenses is $1,500, regardless of the actual costs of burial. G. Burial Exclusion Guide 106
DEDUCT FROM $1,500 BURIAL EXCLUSION (in the following sequence) IF REMAINING VALUE IS MORE THAN $1,500 (OR AMOUNT REMAINING IN BURIAL EXCLUSION) Value of Irrevocable Burial Arrangement Do not count excess as a resource. Face Value of Insurance which generates a CSV ($10,000 or less total face value) If total face value exceeds $10,000, go to next step. Reduces $1,500 exclusion Value of Revocable Burial Contract Count excess, ignore interest earned once designated and excluded at application. Cash Value of Life Insurance (total face value over $10,000) If total face value is $10,000 or less, go to next step. Count excess at application, ignore increases once designated for burial. Cash or Funds in a Bank Account, CD, stocks/bonds separately identifiable Count excess. If result is excess resources, a/b must reduce resources. H. Reduction of Resources Through Burial Expenditures An a/b with excess resources has the option to reduce resources by using excess liquid assets to obtain a burial asset which does not count in resources. Depending on the type of liquid asset the a/b must reduce, advise the a/b of the following methods to use excess liquid assets for burial costs: NOTE: The a/b must be expected to receive burial services equivalent to the dollar value of the burial arrangement. Evaluate for transfer of assets if it appears that assets have been transferred without equal compensation. 1. Purchase of an excluded burial asset, such as an irrevocable contract or single premium annuity using cash or other liquid asset; or by adding to the value of an existing irrevocable arrangement. 2. Changing a revocable contract to an irrevocable contract. 3. Filing a rider on an existing insurance policy, which irrevocably changes the beneficiary to a funeral home, or to the estate of the client for purposes of funeral expenses. 4. Absolutely assigning (change of ownership) whole life insurance to a funeral home in exchange for burial services. 5. Also inform the a/b or the representative that resource eligibility cannot begin until the day that resources are reduced to the resource limit for the budget unit. EXAMPLE: Application on 6/4. Total reserve is $1500 face value of life insurance and $2500 in savings. Applicant is ineligible until resources are reduced. An irrevocable contract for $2500 is purchased on 6/11. $ 1500 Burial exclusion 107
- 2500 Irrevocable burial arrangement 6/11 $ 0 Remaining in savings account + 0 Countable value of $1,500 face value 0 Resources Resource total is reduced on 6/11, and if MN, this case is eligible 6/11. If CN, case is not eligible until 7/1. XIV. A/B IS A BENEFICIARY OF A TRUST Use the following information as a Guide to Trust. TYPE OF REVOCABLE IRREVOCABLE SPECIAL TRUST NEEDS OR POOLED ASSET CREATED CREATED CREATED WITH CREATED WITH CREATED CREATED SOURCE WITH WITH ASSETS OF NON ASSETS OF A/B WITH ASSETS WITH ASSETS OF ASSETS OF A/B OF A/B ASSETS OF NON-A/B* A/B A/B OR NON-AR DATE CREATED ANY DATE ANY DATE ANY DATE PRIOR TO 4-1-94 4-1-94 OR LATER 4-1-94 OR LATER RESERVE NO RESERVE VALUE CURRENT PRINCIPAL AMOUNT OF PRINCIPAL THAT CAN BE DISBURSED BASED ON THE TERMS OF THE TRUST. IF THE TERMS ALLOW TRUSTEE DISCRETION, COUNT THE AMOUNT HE AGREES TO MAKE AVAILABLE. AMOUNT OF PRINCIPAL THAT CAN BE DISBURSED BASED ON THE TERMS OF THE TRUST (THIS MEANS ALLOW EXCULPATORY CLAUSES). IF THERE ARE NO RESTRICTIONS, COUNT TOTAL PRINCIPAL TOTAL AMOUNT THAT CAN BE DISBURSED UNDER ANY CIRCUMST ANCES. (DISREGARD EXCULPAT ORY CLAUSES AND ANY RESTRICTI ONS ON TIME OR USE OF NO RESERVE VALUE THAT CAN BE DISBURSED. DISBURSE MENTS) TRANSFER NO TRANSFER TOTAL AMOUNT DISBURSED TO ANYONE OTHER THAN THE A/B NO TRANSFER AMOUNT THAT IS UNAVAILABLE TO THE A/B BASED ON THE TERMS PLUS AMOUNT DISBURSED TO ANYONE OTHER THAN THE A/B ANY PORTION OF THE TRUST THAT IS NOT COUNTED IN RESERVE IS CONSIDERED A TRANSFER NO TRANSFER 108
INCOME ACTUAL PAYMENTS TO THE A/B OR PAYMENTS TO A PROVIDER FOR FOOD, CLOTHING OR SHELTER IN THE BASE PERIOD * Any time a/b is used it means a/b or spouse 109
North Carolina Department of Health and Human Services North Carolina Medicaid Division of Health Benefits AGED, BLIND AND DISABLED MEDICAID MANUAL MA-2231
COMMUNITY SPOUSE RESOURCE PROTECTION
REVISED 12/8/2025 - CHANGE NO. 11-25
I. SPOUSAL PROTECTION RULES Spousal resource protection is a reserve procedure with unique rules used only when a legally married individual needs Medicaid help with cost of nursing home care. Part of this procedure, called assessment, is a formal estimation of how much of the couple's savings or other assets can be kept by the spouse at home. This can be done in advance of the Medicaid application, or at the time of application, but never before one spouse has entered long term care. Whenever placement in a nursing home is expected, spousal resource protection should be explained to the representative and the record documented. A. Definitions of Terms 1. Institutionalized spouse (or ISP) -- An individual applying for or receiving Medicaid who: a. Is in a long term care living arrangement: (1) SNF, ICF, ICF-MR; State Mental Hospital; Swing bed or inappropriate level of care bed; or approved for a CAP waiver program; or (2) General hospital (acute care) after 30 days. AND b. Is married to someone who is not in long term care; AND c. Began his first continuous period of institutionalization (CPI) on or after October 1, 1989. 2. Community spouse (or CUSP) -- The non-institutionalized spouse (at-home or in domiciliary care) of an institutionalized spouse. A community spouse who is approved for CAP remains a community spouse. 3. Community Spouse Resource Allowance (CSRA -- A portion of the total of all countable assets (on first day of month that applicant/beneficiary (a/b) began first CPI): a. Owned and available to either spouse or both spouses according to the rules in MA-2230, Financial Resources, section I.F.
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b. Owned jointly with someone outside of the budget unit, when available (i.e., consent/participation of all owners not required to access, or consent/participation given by other owners). 4. Assessment -- The process of determining: a. Total countable reserve of the couple on the first day of the month that institutionalized spouse begins first CPI; and b. Amount of community spouse resource allowance (how much of the total reserve is protected for the community spouse). 5. Protection period -- Period of time assets are protected for the Community Spouse. Approved beneficiaries are allowed a period of time during which assets in the amount of the CSRA are excluded from reserve of a/b regardless of who holds assets in their name. B. Availability Rules (May differ from MA-2230, Financial Resources) 1. From the point of institutionalization through approval of the institutionalized spouse for Medicaid coverage of cost of care, all assets available to either spouse or jointly owned by the couple are available to the institutionalized spouse regardless of who actually holds the assets and must be considered for the purposes of: a. Assessment -- determining what portion may be protected for the community spouse; AND b. Reserve eligibility for the institutionalized spouse. 2. Assets in which the community spouse has sole ownership interest are available to the institutionalized a/b regardless of: a. Prenuptial or postnuptial agreements b. Formal/informal separation agreements c. Willingness of CUSP to cooperate 3.
Assets totaling the amount of the CSRA are: a. Protected for the community spouse's use b. Not available to the ISP during the protection period c. Counted when determining eligibility of the community spouse for Medicaid or MQB.
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4. Exceptions to 1. and 2., above -- Count only those resources owned by the a/b (solely owned, or jointly if normally available according to the availability rules in , I.F.) if one of the following is true: a. A valid court order or divorce settlement divides and disperses resources of the couple. A legal separation agreement is not a court order signed by a judge, and therefore, does not legally divide property. b. The current period of institutionalization began before 10/1/89. There is no spousal resource protection for individuals institutionalized prior to 10/1/89. Effective with the month after the month of entry, count only those resources in which the institutionalized spouse has an ownership interest. Contact your MPR with questions. c. A/B does not have a legal spouse. d. A/B has been continuously separated from the spouse for 12 months or longer as of the date of the current continuous period of institutionalization (CPI): (1) Separation of 12 months or longer may be formal or informal. (2) Accept written or verbal statements of the client or the representative regarding marital status or separation unless questionable or legal spouse denies separation of that length. (a) A copy of legal separation document verifies the date of separation and may be an excellent lead for determining the a/b’s total resources. (b) Written statement from a person knowledgeable of couple’s situation can also be used to verify length of separation. (c) It is not required that the community spouse have been living with the a/b at the time of institutionalization to receive spousal resource protection. (3) A prior period of continuous institutionalization does not count as part of the period of separation. e. The couple has been separated for any length of time and the community spouse cannot be located. (1) If the a/b or the client's representative states that the community spouse's whereabouts are unknown, attempt to locate the community spouse by all of the following:
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(a) Local telephone listings,
(b) Statements, verbal or written, of all of the a/b’s children,
(c) Statement, verbal or written, of a person knowledgeable of the a/b’s situation.
(2) If any of the above sources provides a possible address and/or telephone number for the community spouse, attempt to contact the community spouse at that address/telephone number.
(3) Pend an application up to the 45th or 90th day for:
(a) Receipt of statements by a child(ren) or knowledgeable person regarding the location of the community spouse;
OR
(b) Awaiting response of community spouse when location is not known and attempts to contact the community spouse are unsuccessful.
(4) If the community spouse has not been located by the 45th or 90th day, process the application using only those assets available to the institutionalized spouse.
(5) If information from or about the community spouse is received after approval of application, proceed to verify assets at the point of first CPI, and treat as a change in situation.
5. Pend the application up to the 45th or 90th day when the spouse's location is known, but the spouse has refused to cooperate and verification sources have not been provided. Follow policy in for denial for failure to provide needed information by the 45th/90th day.
6. Refusal to cooperate occurs when direct verbal or written contact is made with the community spouse. Some examples are:
a. Mail sent to the address provided by the a/b, the a/b’s children, or the a/b’s representative is not returned by the post office (indicating that it was received by the community spouse).
b. Caseworker speaks with the community spouse on the phone and the spouse refuses to cooperate.
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c. Caseworker leaves a message on an answering machine or with someone at the community spouse's residence and the request is ignored.
C. Assessment Rules
1. Assessment for spousal resource protection and the protected amount (CSRA) is based on total reserve at the point in time that the first CPI began. The month that the first CPI begins is always the month that total reserve must be verified for the assessment.
2. Do an assessment for spousal resource protection only when:
a. One spouse has already begun the first continuous period of institutionalization (CPI);
AND
b. The other spouse is a community spouse as defined in I.A.2., above;
AND
d. One of the following is true:
(1) Assessment is requested by the couple prior to application for Medicaid. This must be kept on file by the local agency and used at application.
OR
(2) Application is made for help with cost of care and no previous assessment has been done.
OR
(3) Application is made for help with cost of care and information obtained later proves the previous assessment was incorrect.
3. When individuals request information, but do not meet the criteria in I.C.2., above, explain only the general policy rules. Do not complete an assessment for spousal resource protection when:
a. The applicant's first CPI began before 10-01-89.
b. Neither spouse has begun the first continuous period of institutionalization (CPI).
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c. There is no community spouse as defined in I.A.2., above.
d. An assessment has already been done, unless the caseworker learns that it was incorrect. Otherwise, the amount does not change because it is based on assets owned on the first of the month that the first period of continuous institutionalization began -- a fixed point in time.
4. At application, review local agency’s records to determine if an assessment has already been completed.
a. Question the a/b whether an assessment has been completed in another local agency. If so:
(1) Get a copy of that assessment; and
(2) Use the Community Spouse Resource Allowance (CSRA) established by that assessment unless verified information proves the previous assessment was incorrect.
b. If you learn that the original assessment was incorrect:
(1) A new assessment must be completed as part of the eligibility determination.
(2) Do not reverify those assets that were correctly verified at the point of institutionalization.
(3) Recalculate the amount of the Community Spouse Resource Allowance based on the corrected reserve total for the month the CPI began.
II. PROCEDURES FOR SPOUSAL RESOURCE PROTECTION
Steps One and Two, below, are assessment steps. The specific verification tasks are the same for Step One and Step Three. The verification month many or may not be the same.
• Verification month in Step One depends on when the CPI began.
• Verification month in Step Three depends on the date of application.
A. Step One: Determine Total Countable Reserve for Month That First CPI Began
1. Determine date that one spouse became an institutionalized spouse (began CPI) as defined in section I.A.1., above.
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2. Verify value of all assets in which either or both spouses have an ownership interest as of the first moment of the first month of the first CPI that began on or after 10-01-89.
3. List every item of reserve, its value, how verified, and who owns it.
4. Exclude any asset which is listed as non-countable in MA-2230, Financial Resources.
5. Exclude any asset which is not available to either spouse based on the rules in MA-2230, Financial Resources.
B. Step Two: Determine Amount Protected for CUSP
1. The protected share is called the Community Spouse Resource Allowance (CSRA). See the DHB-5122, Community Spouse Resource Protection Worksheet.
2. Compute the protection amount based on the following parameters. If the total countable/available reserve for the month that the CPI began is:
a. $32,532 or less: PROTECT ALL ASSETS b. More than $32,532, but not more than $65,064 PROTECT $32,532. c. More than $65,064 but not more than $325,320: PROTECT ONE HALF. d. More than $325,320 PROTECT $162,660. 3. The CSRA does not change unless a different amount is established:
a. Through the appeals process as the amount necessary to meet the needs of the community spouse; or
b. By subsequent court order; or c. The original assessment is found to be incorrect; or d. The minimum/maximum protection amount was used and that amount has been increased in policy since the assessment was done.
4. If there is an assessment completed, but no application is made, provide the couple/representative with a copy of the documentation and file the original in a special file, "Assessments for Spousal Resource Protection."
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C. Step Three: Determine Total Countable Reserve at Application
* Steps Three through Five are protection steps.
1. Verify reserve total of the budget unit at application.
2. Repeat tasks 2.-5. in II.A., Step One, above, verifying the total countable assets owned by the couple (and/or either spouse individually) at the first moment of each period (ongoing or retroactive) for which assistance is requested.
3. From total countable/available reserve of the couple, deduct the CSRA determined in section II.B., Step Two, above. 4. The remainder is the total amount of reserve available to the applicant and used to determine the applicant's eligibility. 5. Specific rules relating to spousal protection and burial exclusion a. Do not exclude countable burial assets or liquid assets for the burial of either spouse at assessment. b. Irrevocable burial assets are unavailable and are not included in the assessment. c. When determining reserve eligibility for the institutionalized applicant, burial exclusion applies to applicant and the spouse. D. Step Four: Determine Applicant's Reserve Eligibility 1. Remaining assets (from Step Three) are available to the applicant regardless of which spouse actually has ownership interest, or in whose name the asset is held. 2. Compare this amount to the reserve allowance for 1 ($2,000). Reference . a. If it is $2,000 or less: The a/b is reserve eligible. Proceed to II.E., Step Five, below. b. If it is over $2,000: If applicable, apply the qualified Long Term Care Partnership program resource disregard to those assets owned solely by the individual and his/her share of jointly owned assets, if applicable. c. If still over the $2000, the a/b is not eligible until his reserve is reduced to the $2,000 limit.
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(1) Use the same reduction/rebuttal procedures which apply to all other a/b’s, located in MA-2230, Financial Resources.
(2) If reduction/rebuttal options have been thoroughly reviewed and either pursued or refused by the couple, and the applicant's reserve total still exceeds the limit for one on the 45th or 90th day, deny for excess reserve. (3) Some options to reduce reserve: (a) Pay cost of care (b) Pay burial expenses (c) Pay bills (d) Purchase items needed by the couple (4) Reminder: Transfers to persons other than those specified as allowed in , may result in a period of ineligibility for help with nursing home cost of care, CAP, or in-home health services and supplies after being sanctioned for institutional services.
2. Establish protection period for the CSRA, once reserve has been reduced to the CSRA plus $2,000.
a. Resources equal to the CSRA are excluded through the end of the protection period regardless of which spouse has the resources in his name.
b. The protection period ends on the last day of the 6th month of the first or second c.p., whichever is appropriate.
(1) If application approved by the end of the fourth month of first certification period: Protection period ends at the end of the first c.p.
(2) If application approved in the 5th or 6th month of first certification period or if held and not approved until second certification period: Protection period ends at end of second certification period.
c. If protected resources (in the amount of the CSRA) are not transferred to the community spouse's name/control by the end of the protection period:
(1) The resources become countable/available to the Medicaid beneficiary;
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(2) Propose termination if this causes the LTC beneficiary's reserve to exceed $2,000.
3. Whenever there is an application for Medicaid help with cost of care and a community spouse, notify the a/b, his representative, and the community spouse of the results of the assessment and protection period.
4. At a minimum, notification at disposition of an application must include the following information:
a. Total value of all countable resources and how the value was established at:
(1) The point a/b began his first CPI; AND (2) The point at application.
b. The amount of resources (CSRA) which are protected for the community spouse and the notice of the right to a fair hearing.
c. That the a/b may retain countable resources up to $2,000, the resource limit for 1.
5. If the application was approved, the notification must also include:
a. The amount of assets that must be transferred to the name of the community spouse.
b. The date the protection ends. c. The following rules about the protection period: (1) Verification must be provided on all transfers from the couple (or from the beneficiary's name only) to the community spouse's name only;
AND
(2) All resources remaining in the beneficiary's name become countable and available again.
d. The amount of income protected for the community spouse, if applicable.
6. Attach the notification regarding the results of assessment and protection to the appropriate eligibility notice.
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7. Examples of Resource Protection
a. EXAMPLE 1: The total countable resources owned by the couple at the time of institutionalization were $78,000. The CSRA is 1/2 of that amount, or $39,000. At the time of application, the total resources held by the couple have been reduced to $40,000. Therefore, the resource total of the a/b is $1,000 ($40,000 - $39,000 = $1,000), and a/b is reserve eligible.
b. EXAMPLE 2: The total countable resources owned by the couple at the time of institutionalization were $25,000. The minimum CSRA is $32,532. At the time of application, the total resources held by the couple are $14,870. Therefore, the resource total of the institutionalized spouse is $0.
c. EXAMPLE 3: The total countable resources owned by the couple at the time of institutionalization were $102,500. The CSRA is 1/2 of that amount, or $51,250. At the time of application, the total resources held by the couple are $58,500. Therefore, the resource total of the institutionalized spouse is $7,250 ($58,500 - $51,250 = $7,250), and the a/b must reduce their resources to the $2,000 limit by allowable means.
d. EXAMPLE 4: The total countable resources owned by the couple at the time of institutionalization were $240,000. The CSRA amount is $120,00. At the time of application, the couple has a total of $117,480. Therefore, the resources of the a/b are $0 and the a/b is resource eligible.
(1) After approval, the community spouse receives an inheritance of $20,000. The resource is not counted for the Medicaid beneficiary.
(2) Medicaid beneficiary receives an inheritance of $20,000. The asset is countable for the beneficiary. If the beneficiary transfers the asset to the community spouse, there is no sanction, and it is no longer countable for the beneficiary.
e. EXAMPLE 5: At the point the first CPI began, total reserve is verified to have been $40,000; therefore, CSRA amount is $32,532. At application, the couple has a reserve total of $60,000. The CSRA does not change but remains $32,532. The total reserve of the applicant is $27,468 ($60,000 - $32,532= $27,468).
E. Step Five: Determine Beneficiary's Total Countable Reserve at End of Protection Period
(Look for definition of protection period in I.A.5., above, and for rules in II.D.3., above.)
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1. Before the end of the protection period, the beneficiary or the beneficiary's representative must provide verification that ownership of an amount of assets equal to the CSRA were transferred from the a/b’s name (or both names) to the name of the community spouse only.
a. In order to remain eligible, assets in the name of the a/b must be reduced to the reserve limit for one.
b. Any countable assets remaining in the beneficiary's name at the end of the protection period are countable to the beneficiary.
2. Either spouse may transfer any amount of resources at any time to the other spouse without penalty.
3. Propose termination following timely notice requirements if:
a. Verification has not been provided by the end of the protection period that the protected amount has been transferred;
AND/OR
b. Countable assets remaining in the beneficiary's name exceed the reserve limit for 1.
4. Administratively reopen a terminated case and redetermine ongoing eligibility if the beneficiary later provides verification that assets were transferred prior to the end of the protection period.
III. CHANGES AFFECTING SPOUSAL RESOURCE PROTECTION
A. Community Spouse Begins Continuous Period of Institutionalization
Starting with the month the CPI of the former community spouse begins:
1. Assets held solely in the name of the newly institutionalized individual are countable in the determination of their reserve eligibility.
2. Assets still held in the name of the first spouse to be institutionalized are available to that individual regardless of any portion which was part of the original CSRA for the former community spouse.
3. Availability of assets held jointly by the couple must be evaluated as assets held jointly with a non-budget unit member beneficiary, unless they are in the same LTC room. Look for rules in section I.F.1.b. and 4.c. B. Community Spouse Dies
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Spousal resource protection applies only to a living spouse, and does not rule how the assets of an estate should be dispersed.
If the community spouse dies and assets are in the deceased community spouse's name only, the assets may be unavailable during the period of settlement of the estate. See MA-2230. I.F.
1. Any assets remaining in the name of the institutionalized spouse only are available beginning with the month following the death, regardless of community spouse resource protection.
2. Assets held jointly with rights of survivorship are available to the survivor without release by the clerk of court being required.
3. The Medicaid beneficiary who 'renounces' an inheritance is subject to a sanction period of ineligibility for help with cost of nursing home care.
C. Deinstitutionalization of Medicaid Beneficiary (LTC goes home)
If the beneficiary ceases to be institutionalized for more than 30 continuous days, that period of continuous institutionalization ends on the 31st day.
1. Do not complete a new assessment if there is a break in institutionalization of more than 30 days. The assessment is always determined using the total countable assets of the couple at the point of the FIRST continuous period of institutionalization which began on or after 10-01-89.
3. If new resources are acquired in the non-institutionalized period of time and person returns to LTC:
a. Verify total reserve of the couple at the month of application and protect only the original protection amount (CSRA), which was determined based upon the total reserve at the first CPI.
b. Refer to example of additional assets acquired prior to the effective date of Medicaid eligibility in III.D.1.c., below. This works the same way.
D. Additional Resources Acquired by Either Spouse Prior to Approval of Medicaid for Institutionalized Spouse
If additional resources are acquired by either spouse prior to effective date of Medicaid eligibility:
1. Additional resources acquired after the first CPI begins, but before effective date of Medicaid eligibility for institutionalized spouse:
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a. Change the applicant's resource total;
BUT
b. Do not change the protected amount for the CUSP (CSRA), unless minimum/maximum was used and that amount has increased in policy since the assessment. Use the minimum/maximum in effect at the point that eligibility is established.
c. EXAMPLE: Total resources at first CPI was $60,000. CSRA is $30,000. At point of application, couple had $35,000. They state intent to reduce the applicant's resources from $5,000 to the $2000 limit by the 45th day. Prior to reduction of resources (which would establish an effective date of Medicaid eligibility), the CUSP learns she has inherited $10,000. The CSRA remains $30,000 and deducted from $45,000 makes the applicant's resource total $15,000.
2. The additional resources in excess of the original protection amount (CSRA) are countable and available to the applicant, regardless of which spouse holds the asset.
3. If transferred to anyone other than the community spouse, a penalty must be imposed for transfer of assets.
E. Additional Assets Acquired by Either Spouse After Effective Date of Medicaid Eligibility
1. Acquired by Medicaid beneficiary (institutionalized spouse) and:
a. Retained by the beneficiary:
(1) Are countable beginning the first day of the month after the month acquired.
(2) If the resources cause the reserve total to exceed $2,000, propose termination.
b. Transferred to the community spouse:
(1) There is no sanction for transfers between legal spouses; and
(2) The transferred resources are no longer countable/available to the beneficiary (institutionalized spouse).
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c. Transferred to a non-allowable person (by the beneficiary, the spouse, or any other party acting on behalf of the beneficiary or the couple): Impose a sanction based on the value of the transfer.
2. Acquired by community spouse (during or after the protection period) Resources acquired after the effective date of Medicaid eligibility for nursing home cost of care or CAP are:
a. Not countable or available to the ISP; and b. Do not effect the CSRA; and c. If transferred by the community spouse or representative to a non- allowable person:
(1) Does not result in any penalty to the ISP; but (2) Results in a potential sanction for the CUSP, if CUSP becomes institutionalized or requests CAP or in-home health services and supplies.
F. Ongoing PLA Beneficiary Enters Long Term Care
(Single individual, or one or both spouses were Medicaid beneficiaries at the point that one entered LTC)
1. Beneficiary's resource eligibility was based on a budget unit of 2:
a. Do not verify total resources at the point CPI begins. b. If resources total of the couple at last review did not exceed $2,000: Do not reverify resources or complete an assessment for protection of resources. It doesn't matter who keeps the resources.
c. If resources total of the couple at last review was more than $2,000:
(1) Institutionalized spouse must transfer to the community spouse enough resources to reduce his reserve total to $2,000 to remain eligible.
(2) The excess or protected resources must be transferred by the end of the c.p. in which the notice of action is completed, unless completed in the 5th or 6th month of the c.p.
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d. If a change in resources has since occurred (either spouse has acquired additional assets since the last review) complete an assessment as outlined in section II., above.
2. Beneficiary's resource eligibility was based on budget unit of 1, BUT beneficiary has a legal spouse who is not institutionalized, and from whom beneficiary has been separated less than 12 months at point the first CPI began, a complete assessment of resources is required.
a. Treat as a change in situation and request verification of the community spouse's resources.
b. Complete the assessment as outlined in section II., above.
G. Transfer of Resources
1. At application, if resources have been reduced since assessment or institutionalization at a greater than reasonable rate, evaluate for possible transfer of resources following MA-2240, Transfer of Resources.
2. Prior to the effective date of Medicaid eligibility for the ISP, transfers of resources by either spouse to a non-allowable person results in a period of sanction for both spouses.
3. After the effective date of Medicaid eligibility for the ISP, transfers of resources by either spouse to a non-allowable person results in a period of sanction for the person who transferred only.
4. Transfers from legal spouse to legal spouse: a. Never result in a sanction period, regardless of when they occur. b. Do not change the CSRA. H. Separate Treatment of the Community Spouse's Resources
1. Once resources have been protected for the community spouse, and the institutionalized/CAP spouse is found and remains eligible for nursing facility/CAP assistance, resources owned by the community spouse no longer affect the eligibility of the institutionalized/CAP spouse. The CUSP’s resources are no longer available to the institutionalized/CAP spouse.
a. The community spouse may use the resources that have been protected in any manner.
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b. At reviews, do not request verification or documentation of resources held by the community spouse of an authorized beneficiary in LTC.
2. If the ISP is discharged home as a non-CAP beneficiary, spousal financial responsibility applies and resources protected for the former CUSP are countable.
North Carolina Department of Health and Human Services North Carolina Medicaid Division of Health Benefits AGED, BLIND AND DISABLED MEDICAID MANUAL MA-2240 TRANSFER OF ASSETS__________________________________ REVISED 06/30/2026 - CHANGE NO. 09-26
I. INTRODUCTION
When an applicant/beneficiary (a/b) requests institutional services, a transfer of assets evaluation must be completed. Transfers of real or personal property, or any other asset for less than current market value must be reviewed to determine if a sanction should be imposed. A sanction is a penalty period during which some services related to institutional coverage will not be paid by Medicaid. If a sanction is imposed the a/b is ineligible for certain Medicaid covered services.
This section contains the policy and procedures for determining the following:
• Which a/bs are subject to the transfer of assets regulations,
• Medicaid covered services subject to the transfer of assets regulations, • The lookback date and lookback period,
• Time frames for completing the transfer of asset evaluation,
• Assets subject to the transfer of assets regulations, • How to determine if a non-allowable transfer has occurred, • How to determine the sanction period,
• When to impose a transfer of assets sanction,
• The applicant/beneficiary (a/b) notification procedures. Transfer of asset regulations do not apply to all Medicaid covered services. An a/b under a transfer of assets sanction may be eligible for other services covered by the North Carolina Medicaid program.
II. POLICY PRINCIPLE
When an a/b, an a/b’s financially responsible spouse, or their legal representative gives away or sells an asset, for less than current market value, the a/b may be ineligible for payment of institutional services or in-home health services and supplies. This includes any direct or indirect method of disposing of an interest in an asset whether or not the asset would have been considered excluded or exempt at the time of its disposal or transfer. The period of ineligibility is also called a sanction. Do not delay approval of institutional services for the transfer of asset evaluation at initial request. If all other eligibility criteria are met, approve LTC, CAP, or PACE and continue
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with the transfer of asset evaluation. The evaluation must be completed within the time frames outlined in this policy.
A. Terminology 1. A spouse is financially responsible when: a. They are not institutionalized. b. They have been living with the a/b or temporarily absent from the home for 12 months or less prior to the a/b’s institutionalization. c. A spouse is not financially responsible if the couple has been continuously separated for at least 12 months at the time the institutionalized spouse enters the institution.
2. In this policy institutional services are:
a. Services provided in a nursing facility (NF), intermediate care facility for individuals with intellectual disabilities (ICF-IID), or nursing facility level of care in a Swing bed or in an acute care hospital bed (FL-2 required), Note: nursing facility level of care in an acute care hospital bed was formerly known as inappropriate level of care bed. An FL-2 is required for nursing facility level of care.
b. Services provided through the Community Alternatives Program (CAP), or
c. Services provided through the Program of All-Inclusive Care for the Elderly (PACE).
These services can be sanctioned due to a non-allowable transfer of assets. This does not include acute care in a hospital (not nursing facility level of care) regardless of length of stay.
3. The transfer of assets evaluation for each a/b will follow guidance based on whether the request for institutional services is an initial request or a subsequent request.
a. Initial Request- For transfer of asset policy, an initial request is the first application or request for institutional services for an a/b that results in an approval of institutional services. b. Subsequent Request- a new application or request for institutional services submitted after a previous period of eligibility for institutional services was terminated.
B. Rules for transfer of asset evaluations
1. Transfer rules apply to MAGI and non-MAGI individuals requesting or receiving institutional services.
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2. Evaluate each situation on a case-by-case basis. The evaluation may be done as part of the application process, recertification, change in circumstances, or appeal.
3. For a sanction to apply, the transfer must have occurred on or after a specific date known as the lookback date. 4. Treat a transfer that was completed in the lookback period by a financially responsible spouse or the a/b’s or spouse’s legal representative as though it were completed by the a/b. 5. The total cumulative value of all uncompensated transfers made within the lookback period is treated as a single transfer and a single sanction period is calculated.
6. An a/b or their authorized representative is provided with the opportunity to show evidence that the transfer was made for a reason other than to establish eligibility for NC Medicaid. They may also rebut the value of the transferred assets, or the value of compensation received. Refer to XII below. 7. Do not apply a transfer sanction when the a/b has been granted a waiver for undue hardship. Refer to MA-2245, Undue Hardship Waiver for Transfer of Assets, for procedures to determine if an undue hardship exists.
III. TRANSFER OF ASSET RULES
This section explains to whom transfer rules apply and what assets are considered in determining whether there is a transfer. All assets are considered whether they are owned jointly by the a/b and their spouse, the assets are owned individually by each spouse, or the assets were owned by one spouse prior to marriage.
A. Apply transfer rules to a/bs requesting or receiving assistance with any of the following:
1. Cost of care for institutional services under MAGI or non-MAGI rules in a:
a. Nursing facility (NF),
b. Intermediate care facility for individuals with intellectual disabilities (ICF- IID), or
c. Nursing facility level of care: (1) in a Swing bed or (2) in an acute care hospital bed, 2. Home and Community Based Services under MAABD rules:
a. Community Alternatives Program (CAP) waiver programs, or
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b. Program of All-Inclusive Care for the Elderly (PACE). 3. In-home health services and supplies under MAGI or non-MAGI rules:
a. But only after being sanctioned for the above services, and b. A portion of the sanction period remains after the individual stops receiving institutional services. B. Do Not apply transfer rules to:
1. Individuals who do not request or receive institutional services or in-home health services and supplies,
2. Individuals who request or receive in-home health services and supplies that have not been sanctioned for prior institutional services,
3. Individuals in acute care in a hospital (not nursing facility level of care), regardless of length of stay, and who are discharged to a private living arrangement (PLA) or die without ever leaving acute care. Transfer rules do not apply even though long-term care budgeting applies,
4. Individuals in the psychiatric unit of a hospital,
5. Children under age 21 admitted to a Psychiatric Residential Treatment Facility (PRTF), 6. Individuals requesting MSB, MQB-B, MQB-E, and MWD. Refer to MA-200 Definitions for the acronyms.
7. A married individual authorized for institutional services when the community spouse (CUSP) transfers an asset.
C. Apply transfer rules to the following types of income and assets: Transfers of countable and excluded assets except for those listed under MA-2230, Financial Resources, I.A.6.
1. Any real or personal property including: • Homesite • Tenancy-in-common • Life estate interest in real property • Purchases of life estates, including life estates in another individual’s home • Vehicles and liquid assets
2. Income (including a lump sum) transferred in the month of receipt,
3. Purchase of promissory note, loan, or mortgage,
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4. Purchase of an annuity, 5. If an a/b or their spouse waives the right to an income, benefit, or asset, evaluate for a transfer.
Refer to VII, VIII, IX, and X policy below for specific criteria to determine if a transfer occurred.
D. Documentation of Explanation to the A/b
1. Document the explanation of transfers of assets rules to the a/b when: a. Assistance with nursing home cost of care, CAP, or PACE is requested
b. A transfer is reported
c. When explaining right to a rebuttal/undue hardship
2. Document all the following when explaining:
a. How the sanction is calculated
b. Exceptions to the sanction
c. How to lift or reduce the sanction period
d. In-home health services and supplies will be sanctioned if the a/b is no longer eligible for institutional services and the sanction period has not expired.
IV. LOOKBACK DATE AND LOOKBACK PERIOD
When evaluating for transfer of assets, a caseworker must determine the starting point, lookback date, and lookback period. Once the lookback date is established, all transfers on or after this date are reviewed.
A. Important dates
1. The starting point marks the point in time from which the local agency must look back to determine if any transfers were made. The starting point also establishes a point that all transfers going forward are reviewed. 2. The lookback date is the earliest point in time on or after which all transfers of assets are reviewed for an a/b requesting or receiving institutional services, CAP, or PACE.
3. The lookback period is the period that begins with the lookback date and ends with the starting point.
B. Establishing the Starting Point for Determining the Lookback Date
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To determine the lookback date for individuals requesting institutional services the local agency must establish the starting point.
1. The starting point is the earliest date that both conditions in a. and b. are met: a. The a/b is institutionalized (See XV. Glossary for a definition of institutionalized) or requests CAP or PACE, and b. Applies for Medicaid. 2. A training guide located on the DHB Medicaid Training Resources, A Guide to Establishing Starting Point/Lookback, provides an overview and guide to determine the starting point and lookback dates. 3. Scenarios
a. If an individual is a current Medicaid applicant or beneficiary in PLA when they are institutionalized, use the day they entered the institution as the starting point to establish the lookback date.
b. If the a/b is currently institutionalized as private pay and has never applied for Medicaid before, use the date of the current application as the starting point to establish the lookback date.
c. For individuals applying for the CAP, or PACE programs, the starting point is the date the a/b applies for Medicaid and requests CAP or PACE.
d. If the a/b is an ongoing Medicaid beneficiary when they requested CAP, the lookback date is based on the date the a/b is placed on the CAP waiting list. If questionable, verify this date with the CAP case manager.
C. Establish the Lookback Date for Transfers
1. The look back date is 5 years (60 months) from the starting point.
2. Review all assets owned by the a/b or their spouse within the lookback period to determine if any transfers have occurred.
3. In situations involving an Institutionalized Spouse (ISP) and Community Spouse (CUSP), where the CUSP later becomes institutionalized, determine the starting point and lookback date for the CUSP independently from the ISP.
D. The Lookback Date Never Changes
1. Once the lookback date is correctly established, it never changes. This is true regardless of any future re-applications or additional periods of institutionalization.
a. Evaluate all transfers beginning on or after the lookback date.
b. Do not consider transfers made prior to this date.
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2. Document the lookback date in the case record.
3. When there has been a transfer of assets on or after the lookback date, verify the following information based on policy rules in MA-2230, Financial Resources. a. A description of the asset transferred (the homesite, other real property, life estate, remainder or tenancy-in-common interest in real property, cash, lump sum, vehicles, stocks, bank account, certificate of deposit, etc.). b. The person who transferred the asset (a/b, spouse, legal representative).
c. The name of the person(s) to whom the asset was transferred. d. The a/b's relationship to the individual to whom the asset was transferred.
e. The value of the asset at the time of the transfer.
f. The compensation (money or other benefit) received or expected from the transferred asset.
g. The date the asset was transferred.
h. Whether the a/b was the sole owner of the asset at the time of the transfer; if not, the name of any co-owners.
i. Whether the a/b still retains any ownership right in the asset.
V. EXPLORING TRANSFER OF ASSETS
When determining if any transfers have occurred the local agency must explore all assets on all applications, recertifications, and changes in circumstance for a/bs requesting or receiving institutional services. Evaluate the evidence presented. The evidence might reveal another reason for the transfer other than to establish or retain Medicaid eligibility. Reminder, the request should not be completed until the Lookback date has been established. Therefore, a transfer of assets evaluation cannot be started until the a/b has been institutionalized for cost of care or requested CAP or PACE.
A. Criteria for requesting Transfer of Asset information:
1. Do not delay or deny approval of institutional services for failure to provide information requested to complete the transfer of assets evaluation when an a/b makes an initial application or request for institutional services. a. Request information needed to determine transfers of assets along with other eligibility information needed. b. Indicate on the request that the transfer of assets items are not required for determination of institutional services. However, they will be required to continue receiving institutional services.
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c. Approve institutional services immediately once LTC, CAP or PACE eligibility is met. (1) Do not wait even if the transfer of assets information has not been provided or the transfer of assets evaluation is not yet completed. (2) Do not wait while reviewing information that has been provided. 2. After approving initial LTC/CAP/PACE coverage, if additional information for the transfer of assets evaluation is still needed, follow policy MA-2352 or MA- 3410 Change In Circumstance, Terminations, And Reopening. Send an additional request allowing 12 calendar days for the beneficiary to respond to the DHB-5097 Request for Information.
3. If the a/b is making a subsequent request for institutional services, review V. D. 2. below for guidance.
B. Requesting Verification
Once the lookback date has been established:
1. Gather Transfer of Assets Information
The DHB-5203 Transfer of Asset Evaluation form can be used as a tool to collect the vital information needed to assist in exploring assets that may have been owned or transferred during the lookback.
a. Attempt to collect this information as soon as possible at application or report of change in circumstance. It is the responsibility of the local agency to gather and document all the information included on the DHB-5203. A best practice is to complete the form in person or over the phone when the request for institutional services is made.
b. If unable to obtain the information in person or over the phone, send the a/b or their representative, a DHB-5097 Request for Information with the DHB- 5203 Transfer of Assets Evaluation form. Follow the appropriate policy for application or change in circumstance and allow the appropriate time for the form to be returned (i.e., two 12- day for applications, or one 12- day for changes in circumstances). c. The form can be completed and returned by the a/b or their authorized representative by any of the following modalities:
• In person • Telephone • Mail • Electronic/fax • ePASS (for beneficiaries with a linked account)
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d. Caseworkers must document the evaluation for any transfers that may have occurred at recertification or a report that a transfer has occurred.
2. Request bank statement, investment and other financial document records for the 60 months prior to the starting point.
a. For MAABD, complete the AVS system request and follow applicable policy for allowing appropriate time for returned results. Follow up with the a/b utilizing the DHB-5097 Request for Information to request items not available in AVS.
b. For MAGI, requests must be manual. A DHB-5097 Request for Information must be sent to the a/b allowing 12 days to provide all financial records.
3. Check all property records or request copies of deeds, if not available online, to show current or past ownership of all real property owned in the lookback period by the a/b or the a/b’s spouse. Also review records of parents of the a/b, and of the a/b’s spouse. 4. Review Division of Motor Vehicles (DMV) records. 5. If any portion of the lookback period is unavailable via electronic data sources:
a. Request bank statements, investment accounts, and other financial documents that can verify the a/b’s (and spouse’s) assets for the entire lookback period. The local agency is responsible for obtaining this information if the a/b is not able to provide it. (1) It is the responsibility of the a/b to provide the local agency with enough information to pursue obtaining the required documentation. (2) As a last resort, when no other method of verification has been successful, accept at a minimum all of the following:
• a financial document for the month of application, and • a financial document for the month prior to the month of application, and • a financial document for the first and last month of the lookback period, and • a financial document for at least one month from each twelve months in between. (3) The local agency should use the DSS-3431, Request for Financial Information, to request information from a bank or other financial institution. In lieu of financial statements for the lookback period, the local agency may choose to request any of the information in (2) from
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the financial institution.
Example: The lookback is Jan. 15, 2020, through Jan. 15, 2025. The caseworker runs AVS and no results are returned within 7 days. The caseworker will then request the bank statements from the a/b via the DHB-5097 Request for Information. The client states they cannot provide the statements and asks for assistance obtaining the verifications. A caseworker can then utilize the DSS-3431 Request for Financial Information to request from the institution a financial document or balance verification for at least January 2025, December 2024, January 2020 and January (or any available month) from 2021, 2022, 2023 and 2024.
These financial documents can be used to verify consistency in balances. If these exact months are not available, but the information provided is reasonably close, accept the information. The local agency may request more information but not to the point that it discourages the a/b.
(4) Review the highest and lowest balances for all accounts for the entire lookback period. The highest and lowest balances can be used to verify average balance. An extremely high balance may require further documentation from the a/b.
(5) Look for deposits that do not appear regular and recurring. Irregular deposits may indicate other sources of income and/or assets. Pensions and SSA are regular and recurring deposits.
(6) Note the date accounts may have been closed during the lookback period and the amount of the closing withdrawal(s). This can be used to identify accounts closed during the lookback period and possibly the source of other deposits reissued.
b. If needed, obtain evidence to indicate a pattern of giving regarding regular donations/gifts to charities, religious organizations, or family members. A pattern of giving can indicate intent other than to qualify for Medicaid.
For example, the a/b regularly gives each family member $1,000 at Christmas and birthdays. c. Do not deny if the a/b cooperated but it is determined information is not available. Accept the a/b’s statement or use the information provided to determine eligibility.
6. Once information has been provided, refer to Section C. Reviewing Verifications.
7. If the a/b does not provide the information needed to complete the evaluation, refer to VI. B. below.
C. Reviewing Verifications
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1. Once the information is obtained, the caseworker must determine if a transfer occurred and whether a sanction should be imposed. Some potential indicators might be:
a. The interest paid to date shows a substantial amount, but the current balance does not support payment of that interest. b. The balances in the past show substantially higher amounts than is currently in the account.
c. DSS-3431, Request for Financial Information has been obtained from the bank, and it shows a substantial past balance that is not currently in the account. d. The account shows a substantial withdrawal or withdrawals over a period of time.
2. During the evaluation some potential questions to consider whether a transfer has occurred and whether it was for reasons other than to gain or retain eligibility for Medicaid are:
a. What is the a/b’s age, general health, living arrangement, and amount of assets retained to meet future needs at the time of the transfer?
b. Does the case record document any inquiry by the applicant, their spouse, representative, or other interested party about asset limits for Medicaid, long- term care budgeting, etc.?
c. Has the a/b consulted or hired an attorney for estate planning purposes? If the individual saw an attorney, this does not necessarily mean the a/b was trying to hide assets.
d. Does the individual(s) who provided the knowledgeable statements stand to gain in any way from the transfer?
e. Is there evidence of regular donations/gifts to charities, religious organizations, or family members?
f. Is there evidence of one-time gifts by an a/b who did not anticipate needing institutional services?
g. Did the a/b attempt to dispose of the asset for its current market value?
h. After the transfer occurred, was there a traumatic onset (e.g., traffic accident) of disability or blindness?
i. After the transfer occurred, was there a diagnosis of a previously undetected disabling condition?
j. After reviewing, there may be an indication that more information is needed.
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Continue to follow policy for requesting information. If the a/b fails to provide the requested information, follow steps in VI. B. below.
D. Time Frames for Completing the Transfer of Assets Evaluation Time frames for completing the transfer of assets evaluation for institutional services will depend on if the a/b is making an initial or subsequent request. Follow instructions as outlined below. 1. Initial Request When institutional services are approved prior to completion of the transfer of assets evaluation, the local agency must ensure that the following steps are completed no later than three full calendar months following the date of authorization.
a. When all other eligibility criteria are met for institutional services, do not delay approval of institutional services to complete the transfer of assets review. This is true even when an a/b notifies the agency in advance that a transfer has already occurred. b. All notices should be sent so the beginning date of a prospective sanction period, if applicable, can be applied by the first day of the fourth month following the date institutional services are authorized and activated by the caseworker. For example, institutional services are authorized and activated in July. The agency has August, September and October to complete the evaluation. The sanction must start no later than November 1.
c. If the evaluation is completed earlier, the sanction will start the first day of the month following timely notice. d. If the beneficiary fails to provide information needed to evaluate for transfer of assets follow procedures in VI. B. below. 2. Subsequent Request A subsequent request can occur after a termination for failure to provide requested information to evaluate for a transfer of assets or an individual went home and was re-admitted. a. If an a/b has already received institutional services and was terminated for failure to provide information requested to complete the transfer of assets evaluation.
(1) They may NOT receive another approved period of institutional services before completing the transfer of assets evaluation.
(2) Complete the entire transfer of assets evaluation prior to authorizing a new institutional services period.
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b. If a discharged a/b has cooperated and completed the transfer of assets evaluation in the past and was re-admitted,
(1) Approve a new institutional services period while conducting the transfer of assets evaluation for the additional months since discharge. (2) This additional transfer of assets evaluation must be completed no later than three full calendar months following the date of activation and authorization. c. If the a/b was discharged and re-admitted following a previously authorized institutional services period and a sanction was already imposed, the sanction must continue until it ends.
(1) Only budget for PLA programs during the sanction.
(2) In-Home Health Services and Supplies and Personal Care Services costs are sanctioned during this period and will not be paid.
3. Ongoing LTC, CAP or PACE Beneficiary has reported transfer or a transfer is discovered
a. This could be reported or discovered at recertification or change in circumstance. Always evaluate information found during the exparte process that may indicate any changes that a transfer has been made.
b. The evaluation should be completed no later than three full calendar months following the date of the reported or discovered transfer.
c. Follow instructions in D.1. a. above.
d. If the beneficiary fails to provide information needed to evaluate for transfer of assets follow procedures in VI. B. below. E. Procedures When a Transfer Cannot be Determined
Institutional Services cannot continue to be paid if a transfer evaluation cannot be completed.
1. If the a/b fails to provide the information requested to complete the transfer of assets evaluation, follow timely notification policy in MA-2420, Notice and Hearings Process.
2. Terminate institutional services. The a/b cannot continue to receive institutional services and will not be eligible for institutional services to resume unless a complete transfer of assets evaluation can be made. 3. If an ongoing PLA beneficiary terminated from institutional services for failure to provide information to complete the transfer of assets evaluation makes a subsequent request for institutional services:
a. Do not approve additional months of institutional services until a complete
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transfer of assets evaluation has been completed and any applicable sanctions have been applied and expired.
b. Follow the procedures above to complete a transfer of assets evaluation. c. Refer to D. above for timeframes to complete the transfer of assets evaluation. 4. If a new application or new request for institutional services is submitted for an individual who was previously terminated from institutional services for failure to provide information to determine a transfer of assets evaluation: a. Do not approve additional months of institutional services until the transfer of assets evaluation has been completed. b. Follow the procedures above to complete a transfer of assets evaluation.
c. Follow application processing requirements until evaluation is complete.
d. Follow application processing requirements for requesting information.
5. Ensure all actions are thoroughly documented. Refer to III. D. above.
VI. TRACKING TRANSFER OF ASSETS EVALUATION PERIOD
Do not delay LTC, CAP or PACE eligibility decisions for a pending transfer of assets evaluation, unless the a/b has already had a period of institutional services authorized and did not provide information to complete a transfer of assets evaluation.
A. Local Agency Responsibility
When a transfer of assets evaluation is completed after authorizing institutional services, the local agency must ensure that the process is completed timely.
1. It is the responsibility of the local agency to have procedures in place to ensure the evaluation is completed no later than three full calendar months following the date institutional services are authorized and activated by the caseworker. 2. Counties may be liable for charge backs of Medicaid expenditures when ineligible beneficiaries continue to receive institutional services longer than 3 full calendar months to complete the transfer of asset evaluation.
B. Penalties for Failure to Provide TOA Information
If the a/b fails to provide the information requested to complete the transfer of assets evaluation:
1. Send timely notice and terminate institutional services only.
a. Notify the a/b and authorized representative, if applicable.
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b. Notify the a/b’s Pre-paid Health Plan (PHP), if applicable, following procedures in XIII. D.
2. Evaluate eligibility for all other MAGI or non-MAGI programs and authorize, if eligible. 3. Enter a sanction for failure to provide transfer of asset information in NCFAST. See NCFAST Job Aid: Creating or Disregarding an Active Sanction for instructions. Institutional services cannot be approved again for the current or any future institutionalization without a complete transfer of assets evaluation. C. Reconsideration Period 1. Institutional Services cases that have terminated for failure to provide information requested to complete the transfer of assets evaluation may be reopened if:
a. The request to reopen is received no later than the 90th calendar day following termination and
b. The a/b is not receiving in any other Medicaid program.
c. If the 90th calendar day falls on a non-business day, allow the a/b until the next business day to make the request.
2. The following criteria must be met prior to reopening a terminated case. Refer to MA-2352 Change in Circumstance, Terminations and Reopening
a. The case was terminated for failure to provide the required information needed to complete the transfer of assets evaluation.
b. All information needed to reopen the case must be received by the 90th calendar day following termination.
c. If no transfers are found, the certification begin date is the first day of the month following the month of termination. The certification end date is the end date of the certification period in the original case.
d. For an a/b that has an uncompensated transfer, Review XI. below to determine the sanction period and start date. 3. If the a/b continues to have coverage in another Medicaid program, and they provide the requested information at any point after termination of institutional services, treat as a change in circumstance. Reminder, authorize eligibility for no more than 12 months prior to the reported change.
VII. ALLOWABLE TRANSFERS (NON-TRUSTS)
This section will explain what types of transfers that are considered allowable. DO NOT apply a sanction to the following transfers.
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A. Compensated Transfer
1. A transfer is compensated when the asset is transferred or exchanged in return for money or any other tangible object, service, or benefit that is equal to or greater than the equity of the transferred asset.
2. Some transfers that are adequately compensated may still be non-allowable transfers because of other requirements (e.g. annuities, purchases of life estates, etc.) and should be evaluated for possible sanctions. B. Transfer of the Homesite 1. When evaluating for transfers, the homesite is defined as any property in which the a/b or financially responsible person has an ownership interest; and
a. Is used as their principal place of residence or the principal place of residence of their spouse or a dependent relative, or
b. Was used as the principal place of residence by the a/b, their spouse or dependent relative during the lookback period or
c. They intend to return to it or intended to return to it during the lookback period.
Once ownership is established in a new principal place of residence, even if it occurs on or after the lookback date, the former principal place of residence becomes non-homesite property.
Refer to MA-2230, Financial Resources, for the definition of the homesite and contiguous property and for policy used to determine asset eligibility. 2. Transfer of the homesite without receiving compensation of equivalent value is an allowable transfer only when it is transferred to one of the following:
a. Legal spouse, or b. Natural, adopted, or stepchild under age 21 at time of transfer, or c. Blind/disabled (determined by SSA) child of any age, or d. Sibling who:
(1) Is a co-owner of the home and
(2) Has been residing in the home for a period of at least one year immediately before the a/b entered a nursing facility or requests CAP or PACE.
e. Natural, adopted, or stepchild(ren) age 21 or over who:
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(1) Resided in the home for at least two years immediately before the a/b entered a nursing facility or requests CAP or PACE, and (2) Provided care to the a/b to permit them to live at home rather than in a nursing facility throughout the 2-year period, and (3) Provides documentation that the adult child(ren) resided in the home during the two years, and (4) Provides documentation that the adult child(ren) provided necessary care. For example, four children rotate months living with and caring for their parent in the parent’s home. They have taken turns doing this for three years when the parent must go into a nursing home. The parent transfers their home to their four children. This is an acceptable transfer. 3. Evaluate the transfer of a homesite that was made income producing as a non- allowable transfer. This is allowable only if it is transferred to a specified person as indicated in VII.B.2 above. C. Transfer to the Legal Spouse or Blind/Disabled Child
1. Any resource or income transferred (in addition to the transfer of the homesite described above) to the legal spouse or blind/disabled child of any age is allowable.
2. The blind/disabled child must have been determined blind/disabled according to SSA standards. Verification must be provided.
VIII. ALLOWABLE TRANSFERS TO A TRUST A. Transfers to a Trust for the "Sole Benefit" of an Allowable Person 1. Transfers by the a/b or any person with legal authority to act in place of or on behalf of the a/b to another party for the "sole benefit" of certain “allowable persons” may not be sanctioned.
2. An allowable person is:
a. The a/b’s legal spouse, or
b. The a/b’s blind/disabled (determined by SSA) natural, adopted, or stepchild of any age, or
c. Other unrelated disabled individual (determined by SSA) under age 65.
3. To be allowable, a transfer to a third party for the "sole benefit" must meet the following criteria: a. The asset cannot benefit anyone in any way but the allowable person at the time of the transfer and in the future.
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Trustee Rule: The trust may provide reasonable compensation for a trustee managing funds. Reasonable compensation is based on the time involved to manage the trust and the prevailing rate of compensation. Evaluate each situation on a case-by-case basis to determine if the compensation is reasonable.
b. The transfer must be in the form of a trust document (or similar legal document) which legally specifies the conditions under which the transfer was made, who can benefit, and the amount of the benefit.
c. The trust (or legal document) must provide that the transferred funds are spent on behalf of the allowable person within their lifetime (except for Special Needs and Pooled Trusts described below).
d. Determine if the beneficiary is expected to live long enough to receive the transferred funds based on their age at the time the trust is created and the disbursement schedule of the funds. Use the Life Expectancy Table to determine the beneficiary's life expectancy at the time of the transfer. (1) If the funds will be spent on the beneficiary in their lifetime, it is an allowable transfer.
(2) If any portion of the funds are not expected to be disbursed to the beneficiary, this is a non-allowable transfer.
4. The transferred assets/income is countable to the intended beneficiary if that person applies for Medicaid (or is part of a budget unit applying for Medicaid). Refer to MA-2230, Financial Resources.
B. Transfers To Special Needs Trusts
Refer to MA-2230 Financial Resources XI. C. Types of Trusts for definitions.
1. Transfers of the a/b’s assets to a Special Needs trust are an allowable transfer:
a. If made prior to the a/b turning age 65, and
b. When the terms of the trust meet all the criteria in MA-2230, Financial Resources, XI.
2. Any transfer made to a Special Needs Trust after the a/b turns age 65 must be evaluated as a Transfer of Assets.
3. A Special Needs Trust may be established by the parent, grandparent, legal guardian, court, or by the disabled individual.
4. The disabled individual must establish the trust on and after December 13, 2016, to be a Special Needs Trust. Prior to the date, the trust will not be considered as a Special Needs Trust.
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5. Forward a copy of the trust document to DHB, Third Party Recovery Section, 2508 Mail Service Center, Raleigh, N.C. 27699-2508.
C. Transfers To Pooled Trusts
Refer to MA-2230 Financial Resources XI. C. Types of Trusts for definitions.
1. Transfers of the a/b’s assets made to a Pooled Trust on or after July 1, 2026, regardless of age, are allowable as long as it meets all criteria described in MA- 2230 Financial Resources XI C.4. Note: Transfers to Pooled Trusts made prior to July 1, 2026 for an individual age 65 and older must still be evaluated for a transfer of assets.
2. Any disbursement from a Pooled Trust that is not for the sole benefit of the individual must be evaluated for a Transfer of Assets. Evaluate disbursements at application and each redetermination.
D. Purchase of An Irrevocable Burial Contract Assets used to purchase an irrevocable burial contract are an allowable transfer and create a trust when: 1. The contract is purchased for the benefit of the a/b, their spouse, child under 21, or blind/disabled child of any age, and
2. The contract lists each burial item and/or service, and
3. The services are equal to the transferred assets’ value.
IX. NON-ALLOWABLE TRANSFERS
This section will explain the types of transfers that are non-allowable. Some transfers have special rules based on the type of asset transferred. Apply the following rules.
A. Date of Transfer for Real Property or Interest in Real Property
The date of transfer for real property is the day the deed is signed by the grantor, delivered, and accepted by the grantee. Unless fraud is suspected, it is presumed this is the date recorded on the front of the deed. The deed does not have to be notarized or registered to be a valid title transfer. However, a deed of gift must be registered within 2 years to remain valid. B. Transfer of Contiguous Property When The A/B or A/B’s Spouse Does Not Have Ownership Interest in the Principal Place of Residence. Refer to XV. Transfer of Assets Glossary definition for Contiguous Property.
1. Up to $12,000 value of contiguous property is excluded in determining resource eligibility (See MA-2230, Financial Resources) when the a/b or the a/b’s spouse does not have ownership interest in the principal place of residence. This
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exclusion is not a homesite exclusion. For contiguous property to be excluded as the homesite, the a/b must have an ownership interest in the principal place of residence. 2. If a non-allowable transfer of contiguous property is made and the a/b or the a/b’s spouse does not have an ownership interest in the principal place of residence, determine the sanction period using the total uncompensated value of the property. Do not subtract the $12,000 in determining the value of the property.
C. Joint Ownership of Liquid Assets
1. Evaluate for transfer of assets when the a/b takes any action that eliminates their ownership or reduces their control of a liquid asset. Examples include when the a/b adds another individual(s) to a bank account or certificate of deposit.
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2. Determine if a resulting trust exists. The transfer is a resulting trust if: a. The asset is in another person’s name, but it is held for the benefit of the a/b and
b. The person holding the asset retains no legal interest in the asset and will not benefit from the disposal of the asset. c. If a resulting trust is verified, there is no sanctionable transfer.
3. The date of transfer depends on the action:
a. The date of transfer for an "or" account is the date the asset is actually reduced.
b. The date of transfer for an "and" account is the date the a/b reduces their control of the asset.
D. Transfers Involving Countable Trusts
Any time the a/b, financially responsible spouse, or parent creates a trust or becomes the beneficiary of a trust, report it to DHB, Third Party Recovery Section. The telephone number is (919) 527-7690. The fax number is (919) 831-1812.
1. Except for the specific trusts described in VIII. above, evaluate trusts created by the a/b with their funds as either: a. An available asset to the a/b, or b. A transfer of asset.
2. Refer to MA-2230, Financial Resources, to determine what portion of the trust is an available asset to the a/b. The amount that is unavailable to the a/b is subject to a transfer sanction.
3. Revocable Trust
Refer to XV. Transfer of Assets Glossary definitions for Revocable and Irrevocable Trusts.
a. The date of transfer for a revocable trust is the date a disbursement from the trust is made to someone other than the a/b.
b. The uncompensated value of the transfer is the actual amount paid to an individual other than a/b.
4. Irrevocable Trusts a. The date of transfer is the date the trust is established. b. The uncompensated value is the portion of the trust that was made unavailable
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to the a/b on the date the trust is established. Do not subtract any payments made from the trust after the trust was established.
c. Additions to existing trusts are considered a new transfer based on the date of the addition. Additions include undistributed interest earned on the trust principal. E. Stream of Income 1. A stream of income is income received on regular basis such as a pension or rental income from property. 2. Income produced from a life estate is countable to the life estate holder regardless of who receives the income. Refer to MA-2230 Financial Resources VII. A. 4.a.
3. When a stream of income is transferred or diverted, each payment is considered as a separate transfer.
F. Transfer of Income Producing Property
1. If a homesite becomes income producing, it remains a homesite for transfer of asset purposes if it meets the criteria in VII.B.1. Evaluate transfer of home sites, including those that have become income producing.
2. If income producing property that meets the 6% net annual income test (See MA- 2230, Financial Resources, for policy on the 6% net annual income test.), is transferred, evaluate for transfer of assets. The uncompensated value is the value of the property less any compensation received less any amount used to pay off an encumbrance. Do not deduct $6,000.
3. When evaluating a transfer of income producing property, do not consider as a stream of income.
G. Inheritance
A transfer also occurs when an individual takes action to waive or renounce an inheritance to which they are entitled.
X. TRANSFERS THAT MAY OR MAY NOT BE ALLOWED
A. Annuities
Evaluate all annuities held by the a/b, or the a/b’s spouse to determine if they are a resource. (See MA-2230, Financial Resources.) If the annuity is a countable resource, do not evaluate for transfer of assets sanction. If the annuity is not a resource, evaluate for a possible transfer of asset following the policy below. Use the additional resource, Annuities located on the DHB Medicaid Training Resources, as a guide.
1. The uncompensated value for non-allowable purchases of annuities is the full purchase price. Use the full purchase price to calculate the sanction.
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2. Annuities that are purchased or changed during the lookback period, that do not meet the criteria below are considered an uncompensated transfer. Determine a sanction period for the purchase amount plus any additions to the annuity.
a. The following requirements apply to all annuities whether they are determined to be a resource or not: (1) North Carolina Medicaid must be named remainder beneficiary in the first position for all annuities created or changed on or after November 1, 2007, when the a/b is applying for or receiving institutional services, CAP services, or PACE services. This requirement also applies to annuities held by the a/b’s spouse. Use the information obtained from the DHB-5111, Annuity Verification Form.
(a) If there is a community spouse and/or any child under age 21 or a disabled child of any age when the purchase or change takes place, North Carolina Medicaid may be named in the next position after those individuals.
(b) If North Carolina Medicaid is not named as a remainder beneficiary or not named in the correct position within the time frames for providing necessary information, the purchase, or change to the annuity is a transfer of assets for the original full purchase price plus any additions. The amount North Carolina Medicaid can receive, as a beneficiary, is limited to the amount that Medicaid paid on behalf of the Medicaid beneficiary.
(2) Changes include any action(s) taken by an individual that changes the course of payment of the annuity or that changes the treatment of the income or principal of the annuity. Changes include but are not limited to: (a) Additions to principal
(b) Elective withdrawals
(c) Requests to change the distribution of the annuity
(d) Elections to annuitize the contract- (convert into a series of payments)
(3) Changes do not include:
(a) address changes,
(b) death or divorce of a remainder beneficiary,
(c) child turning 21, or
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(d) changes beyond the control of the individual such as change in the policy of the issuer.
(4) If the annuity is a countable resource, the a/b will likely be ineligible for Medicaid due to excess resources. In this case no transfer of assets sanction can be applied.
b. The following requirements apply to annuities not determined to be a resource:
(1) Assets of an a/b used to purchase or change an existing annuity after November 1, 2007, will not be considered as a transfer of assets if, in addition to North Carolina’s Medicaid program named as a beneficiary, the annuity meets the following conditions: (Note: This requirement does not apply to an annuity held by the a/b’s spouse). The annuity was sold by a bank, insurance company, or other person engaged in the business of the sale of commercial annuities and (a) The annuity is considered either:
1) An individual retirement annuity, or
2) A deemed Individual Retirement Account (IRA) under a qualified employer plan. or
(b) The annuity is purchased with proceeds from one of the following: 1) A traditional IRA; or
2) Certain accounts or trusts which are treated as traditional IRAs; or
3) A simplified retirement account; or 4) A simplified employee pension account; or 5) A Roth IRA.
Note: To determine if an annuity is established under any of the provisions in a. and b. above, rely on verification from the financial institution, employer, or employer association that issued the annuity. It is the responsibility of the a/b, or the a/b’s representative to produce this documentation. OR
(c) The annuity meets all the following requirements:
1) The annuity is irrevocable and does not allow the policy holder to assign or transfer the ownership or income of the
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policy to a third party; and
2) The purchase price of the annuity is expected to be paid back in full during the actual or expected lifetime of the annuitant, (Follow procedures in IX.A.1. a. (2) above to determine if the beneficiary is expected to live long enough to receive full payments), and
3) The annuity provides for payments in equal amounts during the term of the annuity, with no deferral and no balloon payments.
B. Promissory Notes, Loans, Mortgages, or Other Property Agreements
A promissory note, loan, mortgage, or other property agreement must have a current market value at least equal to the value of the transferred asset. Consider a promissory note, loan, mortgage, or other property agreement that does not meet all the criteria below a transfer of assets.
1. Determine the sanction period using the remaining balance owed on the note, loan, mortgage, or other property agreement at the date of application or request for institutional services.
2. The purchase/establishment or receipt of a promissory note, loan, mortgage, or other property agreement is considered an uncompensated transfer unless the repayment agreement meets the criteria below.
a. The total value of the note, loan, mortgage, or other property agreement is expected to be paid back in full during the actual or expected lifetime of the lender/beneficiary, and
b. Repayment must be made in equal amounts during the term of the note, loan, mortgage, or other property agreement with no deferral payments and no balloon payments, and
c. The agreement prohibits the cancellation of the balance upon the death of the lender. Use the Life Expectancy Table to determine the lender/beneficiary’s life expectancy at the time of purchase to determine if note, loan, mortgage, or other property agreement is expected to be paid back in full during the individual’s lifetime. C. Life Estate
Life estate is a limited interest in real property. A life estate holder does not have full title to the property but has the right to use the property for their lifetime or for a specified period.
1. Exclude a life estate interest as an asset in determining eligibility for Medicaid. 2. Evaluate for transfer of assets when the a/b, or the a/b’s spouse transfers real
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property and retains a life estate. (See X.D. below for transfers of remainder interest in real property.)
a. The date of transfer is the day the deed is signed by the grantor, delivered, and accepted by the grantee. b. The uncompensated value is the equity of the remainder interest granted, less compensation received. Refer to MA-2230, Financial Resources, for instructions on determining the equity value of a remainder interest.
3. Evaluate for transfer of assets when an a/b, or the a/b’s spouse transfers a life estate interest.
a. The date of transfer is the day the deed is signed by the grantor, delivered, and accepted by the grantee.
b. Determine if current market value was received for the life estate. Refer to the Life Estate and Remainder Interest Tables website, https://secure.ssa.gov/poms.nsf/lnx/0501140120.
c. Multiply the tax value of the real property on the date the life estate is transferred by the corresponding life estate value for the age of the individual whose life determines the length of the life estate. The result is the value of the transferred life estate.
d. Determine the sanction period. See XI. below.
4. Evaluate the purchase of a life estate in another individual’s home for a transfer of asset sanction.
a. At the time of application for institutional services the purchaser has not resided in the home for a period of at least 12 consecutive months following purchase of the life estate. The 12 months begins the date the purchaser moves into the home and ends on the 365th day. Vacations, overnight visits, and acute hospital stays should not be deducted from the 12-month period provided this continued to be the individual’s residence.
(1) Determine the sanction period based on the purchase price. (2) Continue the sanction period until it is complete even if the person continues to reside in the home beyond 12 months.
b. At the time of application for institutional services they had resided in the home for at least 12 consecutive months following purchase of the life estate and:
(1) The purchaser paid equal or more than current market value of the life estate
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(2) Determine the sanction period based on the difference between the amount paid and the current market value of the life estate. See IX.C.5. below to determine the uncompensated value.
5. Evaluate the purchase of a life estate in any property that is not the home of another individual. a. Count any amount paid over current market value as a transfer. b. The value of the life estate at the time of purchase must at least equal the amount paid. The uncompensated value is the purchase price minus the value of the life estate at the time of purchase. 6. Ladybird Deed or Life Estate with Powers- The owner of the property creates a life estate for themself, retaining the power to sell the property, with a remainder interest to someone else, e.g., a child.
a. Since the life estate holder retains the power to sell the property, its value as a resource is its full equity value. In this situation, the individual has not transferred anything of value, because they can terminate the life estate at any time and restore full ownership to themselves.
b. Instead, the full value of the asset is considered as a countable resource to the individual (assuming, of course, that it is not an otherwise excluded resource).
D. Remainder Interest in Real Property
1. When the a/b, or the a/b’s spouse obtains a remainder interest in real property, determine if the value of the remainder interest is at least equal to the value of the compensation given in return.
a. Determine if current market value was received for the remainder interest.
b. Multiply the tax value at the time the remainder interest was obtained by the remainder decimal factor that corresponds to the age of the individual whose life determines the length of the life estate. Subtract any encumbrances applicable to the remainder interest. Refer to the Life Estate and Remainder Interest Tables website. The result is the equity value of the transferred remainder interest. c. Compare the equity value of the remainder interest to the value of the compensation received. If the compensation received is less than the equity value of the remainder interest received, this is an uncompensated transfer.
d. The date of transfer is the date the remainder interest is purchased.
2. When the a/b or the a/b’s spouse transfers a remainder interest in real property,
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whether or not a life estate interest was retained, evaluate to determine if the a/b or the a/b’s spouse received compensation at least equal to current market value of the transferred remainder interest in real property.
E. Tenancy-in-Common Interest
1. When the a/b, or the a/b’s spouse obtains a tenancy-in-common interest in real property, determine if the current market value of the tenancy-in-common interest is at least equal to value of resources given by the a/b, or the a/b’s spouse.
a. Determine the value of the tenancy-in-common interest on the date it is obtained. Multiply the tax value of the property at the time of transfer by the tenancy-in- common interest in the property.
b. Multiply the amount of encumbrance on the property by the tenancy-in- common interest and subtract this amount from the value determined in a. above. The result is the current market value of the tenancy-in-common interest. c. If the current market value of the tenancy-in-common interest is less than the value of the compensation given by the a/b, or a/b’s spouse, this is an uncompensated transfer.
d. The date of transfer is the date the tenancy-in-common interest is obtained. 2. When the a/b, or the a/b’s spouse transfers a tenancy-in-common interest in real property, determine if the value of compensation received is at least equal to current market value of the tenancy-in-common interest in real property.
a. Determine the value of the tenancy-in-common interest on the date of transfer. Multiply the tax value of the property at the time of transfer by the tenancy-in-common interest in the property.
b. Multiply the amount of encumbrance on the property by the tenancy-in- common interest in the property and subtract this amount from the value determined in a. above. The result is the current market value.
c. If the current market value of the tenancy-in-common interest is more than the value of the compensation received, this is an uncompensated transfer.
d. The date of transfer is the date the tenancy-in-common was transferred.
3. When the a/b, or a/b’s spouse changes ownership interest in property from fee simple or tenancy-by-the-entirety to tenancy-in- common interest, evaluate for a transfer of assets.
a. The uncompensated value is the equity in the tenancy-in-common interest, less any compensation received.
b. For Medicaid eligibility purposes, encumbrances on real property that is held
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by tenancy-in-common apply to the entire property. The equity in the tenancy- in- common interest in real property is:
(1) The current market value of the property multiplied by the tenancy-in- common share, (2) Less the encumbrances on the property multiplied by the tenancy-in- common share. c. In the event there is an encumbrance that applies to only the tenancy-in- common interest, subtract the full amount of the encumbrance from the result of the current market value of the property multiplied by the tenancy-in- common share. If an encumbrance applies only to the other tenancy-in- common share, do not deduct from the a/b’s tenancy-in-common interest.
F. Single Premium Endowment Policies
The policy is an endowment investment instrument similar to an annuity that is not actuarially sound. The pure endowment policy pays a benefit only to those individuals who survive a certain period of time. The policy has no cash value and payments are irregular or a balloon payment at maturity. The purchase of a single premium pure endowment policy is considered an uncompensated transfer. Count the total amount of the purchase price of the endowment policy as the uncompensated value of the transfer.
G. Regular Donations/Gifts
A pattern of giving regular donations/gifts to charities, religious organizations, or family members can indicate intent other than to qualify for Medicaid. For example, the a/b regularly gives each family member $1,000 at Christmas and birthdays. Do not impose a sanction when an asset was transferred solely for a reason other than to become eligible for Medicaid.
1. In making the determination, consider the following: a. The a/b’s or the a/b’s spouses’ age, general health, living arrangement, and amount of assets retained to meet future needs at the time of the transfer.
b. How the a/b expected to meet their medical and other living expenses without the transferred asset.
c. Whether the transfer by the a/b or the a/b’s spouse to a charity, religious organization, or family member was made when the a/b or the a/b’s spouse did not anticipate needing long-term medical care.
2. Document the response provided to the considerations listed above. The a/b or the a/b’s spouse or the a/b’s or the a/b’s spouse’s representative must also provide a written description of the gifts/donations, including date, amount, and beneficiary.
3. In addition to the written evidence provided as listed above, evidence from other
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sources may be considered. Examples of other sources include but are not limited to bank records, medical records or oral or written statements from persons knowledgeable about the a/b’s or the a/b’s situation and the transfer of assets.
H. Personal Services and Continuing Care Contracts For personal services and continuing care contracts signed during the lookback, the following applies. Please note the agreed upon services may be provided by an agency, private caregiver, or family member. 1. Personal services and continuing care contracts are not asset transfers when the value of the transferred assets is an amount that is at least equal to the value of the services to be received, and all the following conditions are met.
a. A written contract between the a/b or the a/b’s spouse and the provider of the services is signed before services are delivered and payment made. The contract is dated and either party can terminate the contract; and
(1) The contract is signed by the a/b or the a/b’s spouse or a representative legally authorized through a power of attorney, general guardianship, or guardianship of the estate; and
(2) At the time the a/b or the a/b’s spouse receives services provided under the terms of a personal services contract, the a/b or the a/b’s spouse who is receiving the services is not residing in a nursing facility or intermediate care facility for individuals with intellectual disabilities (ICF/IID). b. However, the contract is a transfer of assets if:
(1) The a/b receives services under the terms of a personal services contract while they are residing in a nursing facility or ICF/IID or
(2) The a/b’s spouse receives services under the terms of a personal services contract while they are residing in a nursing facility or ICF/IID; and c. At the time the contract is signed:
(1) Services have been recommended in writing and signed by a physician as necessary to prevent the entry of the a/b, or the a/b’s spouse to a nursing facility or ICF-IID.
(2) Services may not include the providing of companionship, visits, or spiritual wellbeing; and d. The local agency verifies the agreement by reviewing the written contract between the a/b, or the a/b’s spouse, and the provider of the services.
The contract must include: (1) The type, frequency and duration of the services being provided to the
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a/b, or the a/b’s spouse, and
(2) The amount of assets being transferred by the a/b, or the a/b’s spouse to the provider of the services.
2. If the amount of assets transferred in return for the services is greater than the current market value of the services that can be expected to be received by the a/b, or the a/b’s spouse under the terms of the contract, the a/b or the a/b’s spouse will be considered to have transferred the asset for less than current market value. a. The uncompensated amount is the value of the transferred assets that exceeds the value of the services expected to be provided under the contract.
b. Establish current market value of the services expected by obtaining a written statement from an area business which provides such services.
c. If the services cannot be purchased on the open market or a business that provides the service cannot be located, use the state minimum wage amount.
3. The a/b must present a detailed statement to the local agency from the provider with the amount and type of services that were received:
a. At application or request for institutional services, local agencies should request a detailed statement from the date the contract was signed to present. b. At recertification, local agencies should request a detailed statement for the past 12 months. c. Termination of the contract or failure to receive the services at the frequency and value specified in the contract constitutes an uncompensated transfer. The uncompensated amount is the amount paid which exceeds the current market value of the services received.
4. If the a/b, or the a/b’s spouse who has a personal services contract is admitted to a nursing facility or ICF/IID:
a. From that date forward any contract or the remainder of an existing contract is considered a transfer of assets for less than current market value.
b. The uncompensated amount is the amount paid which exceeds the current market value of the services received.
5. 1 through 4 does not pertain to Continuing Care Retirement Communities (CCRC) that provides a continuum of care under a contract. See MA-2230, Financial Resources, X.Q. for policy concerning a CCRC.
I. Transfers for "Love and Consideration"
1. Evaluate for transfer of assets when an a/b gives cash, or other applicable assets to a family member, relative, or friend for care or services that were provided for free in the past.
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2. Unless there was a written agreement for compensation at the time the care or service was received, the transfer is uncompensated.
3. If the agreement or the terms of the agreement are contradictory or inconsistent, refer to MA-2300, Application, to evaluate for conflicting information. XI. TRANSFER SANCTION A. Determine the Uncompensated Value of Transfer(s) 1. List each non-allowable transfer occurring on or after the lookback date through the current date. 2. Determine the date of the transfer. 3. Determine the value of each transferred asset based on policy in MA-2230, Financial Resources. For transfers of tenancy-in-common interest in real property, see X.E. above.
a. Establish the current market value (tax value) at the time of the transfer for each non-allowable transferred asset. b. Subtract any encumbrances at the time of transfer to establish the equity of the asset. The remainder is the equity.
c. Subtract the amount or value received, if any, from the equity. This is the uncompensated value.
d. See X.A, X.B, and X.C above for exceptions to the rule when evaluating annuities, promissory notes, loans, mortgages, or other property agreements, and life estates.
e. The value of certain transferred assets can be rebutted. If an asset’s value has already been successfully rebutted as part of the application process, use the established rebutted value. B. Determine the Sanction Period Length The length of the sanction period is based on the uncompensated value of the transfer. Use DHB-5181, Calculating Penalty Period, as a tool to assist in calculating the penalty period. Determine a sanction period on any uncompensated transfers that occurred after the lookback date. 1. Total the uncompensated value of all transfers in the lookback period.
a. Divide the total uncompensated value for all transfers by the average monthly private NF rate as of the date of the application, institutionalization or request for CAP or PACE. The average monthly private NF rate is $11,904, as of January 1, 2025.
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Round the amount to 2 decimals. The result is the length of the sanction period. The resulting whole number is the length of sanction months, and any fractional remainder are additional days.
b. Multiply the remaining fractional amount by 31.
(1) The result is the additional number of days to be added to the sanction period.
(2) Drop any fractional portion of a day.
2. NC FAST will determine the sanction period, if applicable. Refer to NC FAST Job Aid: Sanction for Transfer of Assets.
C. When to Apply the Sanction
Use the following policy to determine the start date of the sanction. Use policy A. and B. above to determine the length of the sanction.
1. Applying the Sanction to an Ongoing Beneficiary of Institutional Services
This section explains when to start a transfer of asset sanction for a beneficiary receiving institutional services. a. The sanction is applied prospectively for the following beneficiaries: (1) The transfer of asset evaluation was completed after approval of institutional services and a transfer is found, or (2) An ongoing beneficiary of institutional services reports an asset was transferred or a transfer is found during recertification
b. Start the sanction period, the first day of the month following timely notice of the sanction period.
(1) Determine the sanction period for the whole months calculated in B.1.a. above using the DHB-5181 Calculating the Penalty Period.
(2) Add the fractional days to the sanction determined in B.1.b. above.
(3) Authorize MAGI and CAP cases the day after the last day of the sanction.
(a) Enter the CAP effective date in NC FAST.
(b) When the individual becomes eligible for CAP, re-calculate the deductible for the certification period according to instructions in MA-2280, Community Alternatives Program (CAP), Medicaid Eligibility, II.A.9.d. and III.F.
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(4) For cases with PML, convert the number of days in the sanction-ending month to a dollar amount.
(a) Multiply the number of sanction days (if less than the full calendar month) by $384 (average private daily rate).
(b) Add this to the first month’s PML amount regardless of whether the person has a zero PML.
(c) Do not reduce the sanction dollar amount by any UMN or income protected for spouse or dependents at home.
(d) If the full sanction period (including the fractional days) ends on the last day of the sanction-ending month, do not convert to a dollar amount. The a/b is ineligible for that entire month. c. For a sanction that cannot begin prior to the first day of the month that follows three full calendar months from the date of the report or discovery of a transfer:
(1) If the sanction is not imposed until after month 4, this is considered an agency error. The period beginning with month 4 until the month the action is effective must be referred to the local DSS Program Integrity Section for recoupment. Refer to MA-2395, MA-3530 Corrective Actions and Responsibility for Errors. (2) Impose the remaining sanction period in NC FAST.
If the entire sanction period ends prior to the month the sanction can be imposed due to notice requirements, refer the entire sanction to the local DSS Program Integrity Section and do not key a sanction period.
2. Beneficiary is Discharged Prior to Sanction Effective Date a. If the beneficiary is discharged from the facility, CAP or PACE prior to the effective date of the sanction, the sanction cannot be imposed.
(1) If the sanction has already been keyed. Cancel the sanction in NC FAST and notify the a/b and authorized representative, if applicable, of termination of institutional services and the sanction will not be imposed at this time. (2) Enter a sanction for invalid transfer of assets in NCFAST. No additional institutional services periods should be authorized. Refer
b. If cost of care coverage is requested for any future institutionalization, apply the original sanction effective the date that all other eligibility criteria is met.
(1) The caseworker should not reevaluate the original sanction unless the a/b reports a change that may impact the original sanction.
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(2) Do not allow another authorized cost of care period while completing any additional transfer of assets evaluation.
c. Any additional sanctions found cannot be applied until the previous sanction has ended. 3. Applying the Sanction After Failure to Provide This section explains when to start a transfer sanction after an a/b has received institutional services for a prior period and was terminated for failure to provide. a. New Application (1) When the individual was terminated from institutional services for failure to provide information to complete the transfer of assets evaluation and found ineligible for all Medicaid programs, follow 90- day reopen procedures, when applicable. After 90 days, a new application must be submitted.
(2) In this situation institutional services cannot be approved until the transfer of asset evaluation is completed. (3) Once the individual requesting CAP, PACE, or LTC has provided the requested information and an uncompensated transfer is established, the sanction period begins on the date when they:
(a) Meet all other eligibility criteria for LTC, CAP or PACE.
(b) If they had to meet a deductible, it is the date the deductible is met.
(4) An a/b who has a deductible does not meet all other eligibility criteria and is not otherwise eligible until the day the deductible is met. The sanction period begins on the day the deductible is met.
(a) If a deductible is met during the month of entry into a nursing facility, the sanction period begins the day the deductible is met.
(b) If the deductible is not met during the month of entry into the nursing facility, the sanction period begins the first day of the next month, the first day of long-term care budgeting. (c) Start the sanction period, beginning on the date specified in C.2.a. above.
• Determine the sanction period for the whole months calculated in B.1.a. above. • Add the fractional days to the sanction determined in B.1.b. above.
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(5) Authorize CAP cases the day after the last day of the sanction.
(a) Enter the CAP effective date in NC FAST.
(b) When the individual becomes eligible for CAP, re-calculate the deductible for the certification period according to instructions in MA- 2280, Community Alternatives Program (CAP),V.
(6) For cases with PML, convert the number of days in the sanction-ending month to a dollar amount. (a) Multiply the number of sanction days (if less than the full calendar month) by $384 (average private daily rate).
(b) Add this to the first month’s PML amount regardless of whether the person has a zero PML.
(c) Do not reduce the sanction dollar amount by any UMN or income protected for spouse or dependents at home.
(d) If the full sanction period (including the fractional days) ends on the last day of the sanction-ending month, do not convert to a dollar amount. The a/b is ineligible for that entire month. b. New Request/ Transfer of Asset Information Provided After Termination
(1) If an active Medicaid beneficiary was terminated from cost of care for failure to provide but is still receiving in another Medicaid program and has now provided the information needed for the transfer of assets evaluation:
(a) If an uncompensated transfer is now established, the start date of the sanction is applied the first day of the month following the termination month or the date they meet all other eligibility criteria if not the first day.
(b) If no uncompensated transfer is established, there is no sanction. Restore coverage for institutional services effective the first day of the month following the termination month.
(2) Caseworkers must begin to evaluate the transfer of assets information within 30 calendar days after the local agency receives the request/information.
D. Spouses both institutionalized
1. When both spouses are institutionalized, requesting CAP, or receiving in- home health services and supplies:
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a. Divide the sanction period between the spouses.
b. The total sanction imposed on both spouses cannot exceed the number of months of the sanction period.
2. When the institutionalized spouse is already serving a sanction and the CUSP also becomes institutionalized, evaluate whether the transfer occurred during the CUSP’s lookback. Refer to IV. C. 3 to determine the lookback of each spouse. If so: a. Divide the remaining sanction between the two spouses. If the amount is not equal, the larger amount can be given to either spouse.
b. Determine what is best for both spouses. The total sanction imposed on both spouses cannot exceed the number of months of the sanction period.
3. Evaluate for additional transfer of assets by the former Community Spouse (CUSP) on or after the lookback date. A non-allowable transfer by the CUSP after Medicaid eligibility is established for the Institutionalized Spouse (ISP) is not a sanctionable transfer for the ISP.
Example 1: A 10-month sanction period has been assigned to the institutionalized spouse. After 5 months have passed, the community spouse enters a nursing facility. Divide the remaining 5 months of the sanction period equally between the two. In this case, assign one spouse (e.g. the ISP) a 2-month sanction period and the other spouse (e.g. the CUSP) a 3-month sanction period.
After admission, it is determined that the former CUSP has a 4-month sanction period for additional transfers. The CUSP now has a 7-month sanction period and the ISP a 2-month sanction period.
Example 2: An 80-month sanction period has been assigned to the institutionalized spouse. After 65 months have passed, the community spouse enters a nursing facility. The transfer occurred more than 60 months prior to the former CUSP’s institutionalization and application for Medicaid. The remaining sanction period cannot be divided between spouses. The ISP must serve the remaining sanction period.
E. Other Sanction Situations 1. The sanction period cannot begin until after any existing sanction period has expired. 2. A sanction period cannot be triggered by receipt of in-home health services and supplies. In-home health services can only be sanctioned if they are received in a sanction period that began due to receipt of institutional services.
3. NC FAST will determine the sanction period based upon the evidence entered. Refer to NC FAST Job Aid: Sanction for Transfer of Assets.
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F. Sanction Period When an Individual Leaves the Institution, CAP, or PACE
A sanction period runs continuously from the first date of the sanction period through the end of the sanction, regardless of whether the individual remains in or leaves the institution or continues to need CAP, PACE, or in-home health services and supplies.
G. Lifting or Reducing the Sanction Period 1. When transferred assets are returned to the a/b, evidence must be edited. 2. Assets are considered returned when: a. The actual asset is transferred back to the a/b, or
b. The a/b receives current market value as compensation for the asset after the transfer. Value may be received in cash or money spent on the client's behalf. Examples of money spent on the client's behalf are:
• children pay for private LTC, • buy a burial plot for their parents, or • pay old bills for their parents. c. The cash or money spent on the client’s behalf does not have to come from the person to whom the asset was originally transferred.
d. Verify any money spent on the client's behalf is, in fact, paid. For example, the nursing facility verifies the outstanding bill has been paid.
3. When the transferred assets (all or a portion) are returned after institutional services have been denied or terminated due to a sanction period being assigned, the sanction period must be recalculated. This may result in the entire sanction being “erased” or a shortened sanction period.
4. The returned assets are countable to the a/b in determining eligibility for the entire period they were previously not in the a/b’s name.
a. For a pending application:
• Determine resource eligibility for institutional services based on the date of application. • Reverify assets considering the returned assets as if a/b owned them throughout the sanction period. • Erase the sanction period beginning with the first month of the sanction period. b. For an ongoing beneficiary:
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• Reverify assets considering the returned assets as if a/b owned them throughout the sanction period. • Re-determine eligibility for institutional services based on the current value of all assets owned. If assets are over the allowable limit, follow procedures to allow for reduction of reserve. • The sanction period is erased beginning with the first month of the sanction period. c. When only a portion of the transferred asset is returned to the a/b, update evidence in NC FAST and recalculate the sanction period. • Reverify assets considering the returned assets as if a/b owned them throughout the sanction period. • Re-determine eligibility for institutional services based on the current value of all assets owned. If assets are over the allowable limit, follow procedures to allow for reduction of reserve. • Modify the sanction period. Refer to NC FAST Job Aid: Editing or End Dating Sanctions.
H. Budgeting During Sanction Period 1. If an a/b is sanctioned for payment of nursing home cost of care, CAP or in- home health services and supplies due to transfer of assets, continue to determine eligibility for all other MAGI and non-MAGI Medicaid programs.
2. If an a/b is sanctioned for payment of PACE services due to transfer of assets and does not disenroll from the PACE Program, evaluate for MQB only. (Refer to MA-2275, Program of All-Inclusive Care for the Elderly.)
(a) Individuals enrolled in the PACE program are ineligible for all other Medicaid programs, (excluding MQB) during the sanction period.
(b) If ineligible for MQB deny the application or terminate PACE. Notify the a/b following procedures in MA-2275, Program of All-Inclusive Care for the Elderly (PACE). (c) Always explain that disenrollment from PACE is an option and refer them to the PACE organization. PACE a/bs that disenroll from PACE must be evaluated for all other Medicaid programs.
3. Budget as PLA. Refer to MA-2260, Financial Eligibility Regulations-PLA and MA-2270, Long Term Care Need and Budgeting. If it is determined that an individual must meet a deductible, see XI.C.2. above.
4. Continue to allow the community spouse resource protection when the spouse in LTC is budgeted PLA because of a transfer of assets sanction. (However, the community spouse income allowance does not apply in PLA budgeting.)
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XII. REBUTTAL
A. General When an uncompensated transfer has occurred, the a/b must be given the right to provide a rebuttal prior to a sanction being imposed. 1. Use the DHB-5161, Transfer of Asset Below Current Market Value, to notify the a/b and authorized representative, if applicable, of the following: • The length of the sanction period, • The right to rebut the value of the asset transferred, • The right to rebut the presumption or provide evidence to prove the transfer was made exclusively for a purpose other than establishing or retaining Medicaid eligibility, • The right to prove the compensation received is greater than established, • The right to prove the a/b has been defrauded, • The right to prove the asset has been returned, or • The right to prove intent to dispose asset at current market value.
2. Also advise the a/b that they may provide proof that:
• All or a portion of the asset has been returned, or • After the date of transfer, the money was spent for the benefit of the a/b or the a/b’s spouse.
Follow notification procedures in XII.B. below.
3. The a/b, or the a/b’s spouse must show convincing evidence that:
• The transferred asset is less than the value established by the local agency, or • The value of compensation received is greater than the value established, or • At least two attempts to dispose of the asset for current market value, or • All or a portion of the asset has been returned, or • The money has been spent for the benefit of the a/b, or the a/b’s spouse, or • The asset was transferred solely for a purpose other than qualifying for Medicaid. The evidence presented (written or oral) must be more persuasive than all
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evidence presented to the contrary.
4. The rebuttal evidence may include: • A/b’s (spouse/legal representative) statement regarding the circumstances of the transfer, including the specific reason the asset(s) was transferred, • The date of transfer, • The name and relationship of the person(s) to whom the asset was transferred, • Any compensation received. 5. Examples of evidence include:
• oral or written statements from persons knowledgeable about the situation, • medical records, • bank records.
B. Rebutting the Value of the Transferred Asset and Amount of Compensation Received
1. To prove that the value of transferred asset is less than the value established by the local agency, the a/b, or the a/b’s spouse must provide a signed written statement from a knowledgeable person located in the same geographic area in which the property is located. The knowledgeable person cannot be a family member, friend or someone who stands to gain from the transaction. a. The statement must include:
• A description of the asset that clearly identifies the asset, • A specific statement as to the value of the asset and when the value was determined, • The reason for establishing the lesser value, • The basis for the source’s knowledge of the value of the property.
b. A “knowledgeable person” is an individual: • Involved in the sale or appraisal of the type of asset in question, • Involved in the financing of sales of the type of asset in question, • An official of the local property tax jurisdiction, or • Other person who can establish in the written statement that they are
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knowledgeable of the value of the type of asset in question.
c. The “same geographic area in which the asset was located” is the same area as covered by local radio, television, newspaper or other media.
2. If the evidence provided proves that the value of the transferred asset is less than the value established under policy, recalculate the uncompensated value using the lesser value.
a. If no compensation was received for the transferred asset, shorten the sanction period according to the reduced value of the transferred asset.
b. If partial compensation was received, that is at least equal to the reduced value of the transferred asset, do not impose a sanction period.
c. If partial compensation was received that is less than the reduced value of the transferred asset, shorten the sanction period according to the reduced uncompensated value of the transfer.
3. To prove that the value of compensation received in return for a transferred asset is greater than the value established under policy, the a/b, or the a/b’s spouse must provide convincing evidence of the greater value.
a. For compensation received in the form of real or personal property, use the evidence listed in XII.B.1. above. b. If the evidence provided proves that the value of the compensation received for a transferred asset is greater than the value established by the local agency, recalculate the uncompensated value of the transfer based on the greater value of the compensation.
c. If compensation was received that is at least equal to the value of the transferred asset, do not impose a sanction. d. If partial compensation was received that is less than the value of the transferred asset, shorten the sanction period to the reduced uncompensated value of the transfer. e. Examples of evidence include: • cancelled checks, • receipts, • bills of sale, • records of a bank or other financial institution that establishes the value of compensation received. 4. To prove that all or a portion of a transferred asset has been returned, the a/b or the a/b’s spouse must provide evidence establishing the return of the asset.
a. The asset may be returned beyond the time required to provide evidence. When
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an a/b states an asset has been returned, allow the a/b an additional 12 days to provide the evidence.
b. Do not apply a sanction when the entire transferred asset is returned. c. When a portion of the transferred asset is returned, reduce the value of the transferred asset by the value of the asset returned. Recalculate the sanction period based on the reduced value of the transferred asset. d. Examples of evidence include: • property deeds, • closing statements, • property tax records, • financial statements, • records of banks or other financial institutions, • deeds of trust, • title transfer records, • contracts and other legally binding agreements. 5. To prove that money has been spent for the benefit of the a/b, or the a/b’s spouse after the date of the transfer, the a/b or the a/b’s spouse must present evidence showing the money has been spent on the a/b’s behalf. a. The asset may be returned beyond the time required to provide evidence. When an a/b states an asset has been returned, allow the a/b an additional 12 days to provide the evidence.
b. Do not impose a sanction when the amount of money spent for the benefit of the a/b or the a/b’s spouse after the date of the transfer is at least equal to the uncompensated value of the transfer.
c. Examples of evidence include: • cancelled checks, • receipts, • bills of sale, • bank or other financial institution records, or • other records that prove the amount of money spent, • the date on which it was spent, • any goods or services purchased for the a/b or the a/b’s spouse • the a/b or the a/b’s spouse was the beneficiary of the benefit from these expenditures. 6. When the amount of money spent for the benefit of the a/b, or the a/b’s spouse after the date of the transfer is less than the value of the transferred asset:
a. Reduce the uncompensated value of the transfer by the amount of money spent for the benefit of the a/b or a/b’s spouse.
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b. Shorten the sanction period according to the reduced uncompensated value of the transfer.
C. Establishing That a Transfer of Assets Was for a Reason Solely Other Than to Become Eligible for Medicaid Do not impose a sanction when an asset was transferred solely for a reason other than to become eligible for Medicaid. The following situations establish that an asset was transferred solely for a reason other than to become eligible for Medicaid: 1. The asset was stolen. Convincing evidence must be provided which may include but is not limited to a report to law enforcement officials. 2. The a/b has been defrauded.
a. Refer the case to protective services and/or if there is a legal representative, the clerk of court, to pursue possible reversal of the action and return of the asset to the a/b.
b. Do not apply a transfer sanction when Adult Protective Services investigates and determines that the a/b is a victim of fraud and did not take the action with the intent of becoming eligible for Medicaid.
c. Convincing evidence must be provided which may include but is not limited to a report to law enforcement officials.
3. The a/b or the a/b’s spouse is a victim of exploitation. The a/b, or the a/b’s spouse must provide convincing evidence which may include:
a. Proof that includes substantial evidence that the a/b, or the a/b’s spouse is a victim of exploitation due to the illegal or improper use of a disabled adult or their assets for another’s profit or advantage.
b. Proof of a request to the local agency for adult protective services for the a/b or the a/b’s spouse.
c. The a/b or the a/b’s spouse must provide convincing evidence which may include but is not limited to a report to law enforcement officials.
4. The a/b, or the a/b’s spouse is a victim of actual or threatened abuse. The a/b or the a/b’s spouse must provide convincing evidence: a. Proof that includes convincing evidence that the a/b, or the a/b’s spouse is a victim of actual or threatened abuse due to the willful infliction of physical pain, injury or mental anguish, unreasonable confinement, or the willful deprivation by a caretaker of services which are necessary to maintain mental and physical health, and
b. Proof of a request to the local agency for adult protective services for the a/b, or the a/b’s spouse.
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c. The a/b, or the a/b’s spouse must provide convincing evidence that may include but is not limited to a report to law enforcement officials.
5. The transfer of assets occurred as part of a regular, in frequency and amount, pattern of giving. The convincing evidence must include written records that clearly document the pattern of giving. Records include but are not limited to bank account records and property transfer records. 6. In situations other than those noted in XII.C. 1. through 5. above, when an a/b or an a/b’s spouse alleges that the transfer of assets was made solely for a reason other than to become eligible for Medicaid, evaluate the evidence presented. The evidence might establish another reason for the transfer. However, if establishing Medicaid eligibility for institutional services or in-home health services and supplies after receiving institutional services was also considered, the transfer was not exclusively for a purpose other than to establish or retain Medicaid eligibility.
In making the determination, consider the following:
a. The a/b’s or the a/b’s spouses’ age, general health, living arrangement, and amount of assets retained to meet future needs at the time of the transfer.
b. How the a/b expected to meet their medical and other living expenses without the transferred asset. c. Whether the case record documents any inquiry by the a/b, the a/b’s spouse, representative, or other interested party about asset limits for Medicaid, or other eligibility requirements for Medicaid.
d. Whether the a/b, or the a/b’s, spouse, legal representative, or other interested party consulted or hired an attorney for estate planning purposes. e. Whether the individuals who provided the knowledgeable statements concerning the circumstances of the transfer stand to gain in any way from the transfer. Whether the transfer is a one-time gift by the a/b, or the a/b’s spouse to a charity, religious organization, or family member made when the a/b, or the a/b’s spouse did not anticipate needing long-term medical care.
f. Whether a traumatic event (e.g., traffic accident) of disability or blindness happened causing the need for a healthy individual to need institutional services • Example: An a/b, age 40, was in good health when they gave their vacation cottage to their nephew. The next day the a/b was in an automobile accident. Their injuries require long-term care. The transfer was not made to become eligible for Medicaid because they could not anticipate their need for LTC services. 7. Document the response provided to the considerations listed in XIII.C.6. a. above. The a/b or the a/b’s spouse or the a/b’s or the a/b’s spouse’s legal representative must also provide a complete written accounting of the transfer, including all
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relevant documentation that shows the following:
a. The a/b or the a/b’s spouse’s purpose for transferring the asset
b. The a/b or the a/b’s spouse’s attempts to dispose of the asset at current market value c. The a/b or the a/b’s spouse’s reasons for accepting less than current market value such as: (1) A forced sale was done under reasonable circumstances (2) Little or no market demand exists for the type of asset transferred; or (3) The asset was transferred to settle a legal debt approximately equal to the current market value of the transferred assets; and
d. The a/b, or the a/b’s spouse’s relationship, if any, to the persons to whom the asset was transferred.
e. In addition to the written evidence provided, evidence from other sources may be considered. Examples of other sources include but are not limited to: • bank records, • medical records or • oral or written statements from persons knowledgeable about the a/b’s situation and the transfer of assets. XIII. DECISION AND NOTIFICATION PROCEDURES (DENIAL/REBUTTAL/UNDUE HARDSHIP)
When it is determined that a non-allowable transfer has occurred and a sanction period is to be applied, notify the a/b and the authorized representative, if applicable, in writing of the sanction period and rebuttal procedures. Local agencies must have procedures in place to ensure that this process continues timely. Delays of required notification can significantly affect the ability to complete the transfer of assets evaluation within the required timeframes resulting in charge backs to the county for failure to complete within three full calendar months following the authorization. A. Determination of Medicaid Eligibility
Do not delay the determination of Medicaid eligibility, including institutional services, while completing a transfer of assets evaluation. This includes all MAGI and non-MAGI programs. An a/b may be eligible or ineligible for Medicaid regardless of a transfer of assets.
1. If the a/b is found ineligible for Medicaid, a sanction for transfer of assets cannot be applied. Stop the evaluation of the transfer of assets.
2. If the a/b is found eligible for Medicaid, is approved for institutional services, and
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the transfer of assets evaluation is pending,
a. Notify the a/b and authorized representative, if applicable:
(1) Of eligibility for institutional services, and (2) That evaluation for transfer of assets is still pending. b. Once the evaluation of the transfer is complete: (1) If the evaluation later reveals no sanctions, send a DSS-8110 adequate notice notifying the a/b, and authorized representative, if applicable, of continued coverage.
(2) If the evaluation reveals a non-allowable transfer and a sanction period, follow procedures in XIII B. below to notify the a/b and authorized representative, if applicable, of their right to rebut. 3. If the a/b is found eligible for PLA Medicaid, is requesting assistance for a subsequent period of institutional services because they were terminated for failure to provide transfer of assets information and evaluation of a transfer of assets is pending, (remember a new institutional services period cannot be approved until the transfer of assets evaluation is completed):
a. Notify the a/b and authorized representative, if applicable: (1) Of eligibility for non-institutional services, and (2) That eligibility for institutional services is still pending. This is a manual notice. b. Once the evaluation of the transfer is complete: (1) If the evaluation later reveals no sanctions, send a revised DSS-8110 notice authorizing eligibility for nursing home cost of care, CAP or PACE.
(2) If the evaluation reveals a non-allowable transfer and a sanction period, follow procedures in XIII.B. below.
B. Notifying Individual of Sanction and Right to Rebut
1. If the transfer of assets evaluation reveals that a non-allowable transfer has occurred and the sanction length can be determined, use the DHB-5097, Request for Information, and the DHB-5161, Transfer of Asset Below Current Market Value, to notify the a/b and authorized representative, if applicable:
a. They are ineligible for institutional services and/or in-home health services and supplies, due to transfer of assets.
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b. The transfer(s) considered: • the length of the sanction period, • the right to rebut the value of the asset transferred, • the right to rebut the presumption or provide evidence to prove the transfer was made exclusively for a purpose other than establishing Medicaid eligibility, • the right to prove compensation has been received, • the right to prove the a/b has been defrauded, • The right to prove the asset has been returned, prove the money has been spent on behalf of the individual, or right to prove intent to dispose asset at current market value. See XI. above.
Refer to MA-2230, Financial Resources, for requirements to rebut the value of the asset.
2. Follow application processing procedures when requesting information from an applicant. Send at least two requests for information to the applicant. Refer to MA-2300, Applications.
3. Allow the beneficiary 12 calendar days to provide evidence to rebut the reason for the transfer, rebut the established value of the transferred asset, etc. Allow an additional 12 calendar days if evidence is not received within the first 12 days. 4. The local agency has 12 calendar days to make a decision after the information is received. If the local agency determines additional information is needed, allow an additional 12 calendar days for the a/b to provide the information.
5. If the a/b proves that the transfer was not made to become eligible for Medicaid, document the case record and notify the a/b and authorized representative, if applicable, by DSS-8110 that the sanction will not be imposed.
6. If the a/b provides evidence that:
• rebuts the established value of the transferred asset • that compensation has been received • that all or a portion of the asset has been returned • money has been spent on their behalf. a. Recalculate the sanction period, document the case record and notify the a/b and authorized representative, if applicable, of the change.
b. If the change results in no sanction, notify the a/b and authorized representative, if applicable, in writing that the sanction will not be imposed.
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c. If the change results in a shorter sanction period, notify the a/b and authorized representative, if applicable, in writing of the new sanction period using the DHB-5113, Notification of Right to Request an Undue Hardship Waiver (Transfer of Assets).
7. If an applicant for institutional services fails to rebut the sanction, either by failing to provide information within the time frame described in XIII.B. above or the information they provide does not rebut the sanction, send a DHB- 5113, Notification of Right to Request an Undue Hardship Waiver (Transfer of Assets), to notify the applicant and authorized representative, if applicable, of ineligibility and right to request an undue hardship waiver.
8. If a beneficiary of institutional services fails to rebut the sanction, either by failing to provide information within the time frame described in XIII.B. above or the information they provide does not rebut the sanction, send a DHB- 5113, Notification of Right to Request an Undue Hardship Waiver (Transfer of Assets), to notify the applicant and authorized representative, if applicable, of ineligibility and right to request an undue hardship waiver. C. Undue Hardship
If, after all evaluation and rebuttal steps have been completed, it is determined that a non- allowable transfer has occurred, notify the a/b and authorized representative, if applicable, in writing of the sanction length and the undue hardship waiver process using DHB-5113, Notification of Right to Request an Undue Hardship Waiver (Transfer of Assets). The request for an undue hardship waiver must be made to the local agency within 12 calendar days from the date of the notice. Refer to MA-2245, Undue Hardship Waiver for Transfer of Assets, for policy and procedures for determining if a transfer of assets sanction should be waived.
1. If an applicant is not granted an undue hardship waiver because: a. They failed to request the waiver, or the information provided does not establish that undue hardship exists, b. Apply the sanction as directed in XI. C. above. The individual is not eligible for institutional services until the sanction ends.
c. Select the correct denial reason, NC FAST will send a DSS-8109, Your Application for Benefits is Being Denied or Withdrawn.
2. If an ongoing beneficiary who is requesting institutional services is not granted an undue hardship waiver because:
a. They failed to request the waiver, or the information provided does not establish that undue hardship exists,
b. Apply the sanction as directed in XI. C. above. The individual is not eligible for institutional services until the sanction ends.
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c. Select the correct change reason, NCFAST will send a DSS-8110, Notice of Modification, Termination, or Continuation of Public Assistance. Notice must be timely.
3. If an ongoing beneficiary that is already receiving institutional services is not granted an undue hardship waiver because: a. They failed to request the waiver, or the information provided does not establish that undue hardship exists, b. Apply the sanction as directed in XI. C. above. The individual is not eligible for institutional services until the sanction ends. c. Select the correct change reason, NC FAST will send a DSS-8110, Notice of Modification, Termination, or Continuation of Public Assistance. Notice must be timely.
4. For instructions on applying the sanction in NCFAST, refer to NCFAST Job Aid Sanctions for Transfers of Assets.
5. After the timely notice period has expired:
a. Notify the facility that the beneficiary is no longer eligible for payment of nursing home cost of care.
b. For CAP beneficiaries, notify the CAP lead agency/case manager that the a/b is no longer eligible for CAP.
c. For PACE beneficiaries, notify the PACE organization by sending the DHB- 5106, Medicaid/PACE Referral.
6. Although an a/b under a transfer of assets sanction may not be eligible for assistance with institutional services, they may be eligible for other Medicaid covered services.
a. Evaluate for all other programs and if the a/b remains eligible for PLA Medicaid, b. Notify the a/b and authorized representative, if applicable, of the decision. c. Select the correct change reason. NC FAST will send a DSS-8110, Notice of Modification, Termination, or Continuation of Public Assistance. Notice must be timely.
Note: Beneficiaries under a transfer of assets sanction and enrolled in the PACE Program are ineligible for Medicaid in any aid program/category except MQB. Refer to MA- 2275, Program of All-Inclusive Care for the Elderly.
D. Beneficiaries enrolled in a Pre-paid Health Plan (PHP)
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For beneficiaries enrolled in a PHP, the PHP must be notified of changes to eligibility of institutional services. Send a copy of the DSS-8110, Notice of Modification, Termination, or Continuation of Public Assistance to the DHB Business Support by email the same day when:
1. A beneficiary terminates due to failure to provide information needed to complete the transfer of assets evaluation or due to a sanction being imposed. 2. A beneficiary regains eligibility due to providing the information, successfully rebutting the sanction or an appeal.
E. Hearing Process Refer to MA-2420, Notice and Hearings Process, regarding the hearing process.
XIV. TRACKING TRANSFER OF ASSETS SANCTION PERIOD
NC FAST will track the sanction period once all evidence is updated and the recommended sanction is accepted.
1. When a sanction is accepted, eligibility for affected programs will show as ineligible until the sanction period ends.
2. The Assets Transfer evidence in NC FAST should be updated once a transfer of assets evaluation has been completed. This may occur when processing an application, a redetermination, an exparte recertification for an SSI beneficiary, reported by the a/b, or notified by any source that a transfer has occurred.
3. The Assets Transfer evidence must be updated for all cases, even if there have been no non-allowable transfers. Example- Homesite was transferred to an allowable person. There is no transfer sanction, but the evidence should still reflect that there was a transfer. 4. An a/b who is ineligible for institutional services due to a transfer of assets sanction may be authorized for other Medicaid covered services.
a. Authorize Medicaid under PLA provided the a/b meets all other Medicaid eligibility factors.
b. Make sure all evidence is updated to reflect any transfers made by the a/b and sanctions are correct. Refer to NC FAST Job Aid Sanctions for Transfers of Assets. c. Once a sanction is applied, it continues until it is completed. The sanction period continues and costs for in-home health services and supplies will not be paid if the institutionalized a/b returns to private living.
XV. TRANSFER OF ASSETS GLOSSARY
Refer to MA-200 Definitions for additional terms relating to transfers of assets.
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Actuarially Sound – A promissory note, annuity, mortgage, or loan established to pay off the entire asset value over the actual or expected lifetime of the annuitant/lender is actuarially sound. The annuitant/lender is expected to live long enough to receive an amount that is equal to or greater than the amount originally invested. The total amount of proceeds must be designed to be paid out in equal regular payments during the term of the agreement, with no deferral and no balloon payments.
Annuity - An annuity is a type of trust. An individual pays an entity a lump sum of money in return for the right to receive fixed, periodic payments, either for life or a term of years. This includes the investment portion of a single premium pure endowment life insurance policy. Annuitant – An annuitant is the person who receives the income payments of an annuity policy at maturity date for life or for a specified period. The annuitant may or may not be the same as the owner. Beneficiary of an annuity – The beneficiary is the person who receives any benefit that is paid upon death of the annuitant prior to the maturity date of the annuity.
Compensation - Something received as payment for an asset. Payment is usually considered to be cash, but other forms of payment include in-kind income, real or personal property, support and maintenance, services, or assumption of a legal debt.
Contiguous Property- A property that is one continuous plot of land or several plots of adjoining land. Contiguous means being in actual contact: touching along a boundary or at a point.
Cost of Care - The amount of money charged to an individual for NF or ICF-IID level of care, nursing facility level of care in a Swing bed or in acute care hospital bed, waiver services for the Community Alternatives Program or Program of All-Inclusive Care for the Elderly (PACE).
Current Market Value - The value of an asset if sold on the open market. For real and personal property, it is the tax assessed value of the property, unless that value is rebutted and a different value established. Refer to MA-2230, Financial Resources, for instructions on establishing and rebutting the tax value.
Equity – The equity of real or personal property is the current market value (see definition above) less any encumbrances (mortgages, liens, or judgments) on the property.
Convincing Evidence – Refers to the quality and convincing force of the evidence rather than to the quantity of the evidence.
Homesite - When applying the transfer policy, the homesite is defined as any property the a/b or financially responsible person has an ownership interest and • Which is currently used (or during the lookback period was used) as their principal place of residence, or to which they intend (or intended) to return, or • Which is currently used (or during the lookback period was used), as the principal place of residence of their spouse or his dependent relative.
It includes the land the home sits on and all buildings and land contiguous to the home.
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See MA-2230, Financial Resources, for the definition of homesite when determining resource eligibility.
In-Home Health Services and Supplies – Medically necessary services provided to an applicant/beneficiary (a/b) by a Medicaid certified provider can be sanctioned due to a transfer of assets. These services include the following: • Durable Medical Equipment (DME) and related medical supplies such as wheelchairs, walkers, canes, hospital beds, oxygen and oxygen equipment. • Home Health Services covers home health aide services, skilled nursing, physical therapy, speech pathology and audiology, and occupational therapy provided by a Medicaid certified home health agency. • Personal Care Services (PCS) are personal care activities such as bathing, toileting, monitoring vital signs, housekeeping and home management tasks.
Institutional Services - These services include services provided in a nursing facility (NF), intermediate care facility for individuals with intellectual disabilities (ICF-IID), nursing facility level of care in a Swing bed or in acute care hospital bed, services provided through the Community Alternatives Program (CAP), or Program of All-Inclusive Care for the Elderly (PACE). These services can be sanctioned due to a transfer of assets. This does not include acute hospital care regardless of length of stay. Institutionalized for Transfer of Assets – As defined for a transfer of assets review, institutionalized is an individual receiving institutional services in a nursing facility (NF), intermediate care facility for individuals with intellectual disabilities (ICF-IID), nursing facility level of care in a Swing bed or in acute care hospital bed, services provided through the Community Alternatives Program (CAP) or Program of All-Inclusive Care for the Elderly (PACE). This is different from the definition of institutionalized for long-term care budgeting or institutional living arrangement when determining state/county residency.
Irrevocable Trust- A type of living trust, that details an individual’s assets and how the individual would like them to be distributed to their beneficiaries. However, unlike a revocable trust, irrevocable trusts are pretty much set in stone. Some exceptions allow for changes if all the beneficiaries agree to them, but the proposed updates must go through a lengthy approval process, which can include going before a judge. Legal Representative - A person acting for and legally authorized to execute a contract for the a/b, such as but not limited to a general guardian, guardian of the estate, parent of a minor child, power of attorney, fiduciary (agent), conservator or any trustee managing the a/b’s resources. Legal authorization requires a separate legal document except for parents of minor children.
Lookback Date - The beginning of the lookback period and the earliest date transfers of assets are reviewed when evaluating an a/b for institutional services. The lookback date depends on when an individual applies for Medicaid and is admitted to a NF or ICF/IID or requests CAP or PACE services. Lookback Period- The period that is reviewed for transfer of assets. It begins with the
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lookback date and ends with the starting point. The lookback period is 60 months prior to the starting point.
Rebuttal – The process by which an a/b, the a/b’s spouse or legal representative proves through a greater weight of evidence factors that eliminate or decrease a sanction period. Remainder Beneficiary-The person(s) entitled to an annuity’s principal, possibly including income that has been accumulated and added to principal, after the death of the annuitant. Revocable Trust- A living trust that outlines the assets the individual wants to give a beneficiary and how the assets will be distributed. Revocable trusts often name the grantor as the trustee, allowing for full control of the trust. Sanction Period - The period of time in which an a/b is ineligible for Medicaid payment of institutional services and in-home health services. The sanction period is also referred to as a penalty period.
Starting Point- The point in time determined to begin establishing a lookback date for transfer of assets review when an a/b has been admitted to a NF or ICF/IID or requested CAP or PACE services.
Transfer - To change ownership or title from one person(s) to another. A transfer also occurs when an individual takes action to waive or renounce assets or an inheritance to which they are entitled or when an individual takes any action that eliminates their ownership or reduces their control of an asset. For example, changing fee simple property to tenancy-in-common property or adding an additional owner to a savings account is considered a transfer.
Uncompensated Value - The difference between the market value less any encumbrance (the equity) of the asset at the time of the transfer and any payment or compensation received. The uncompensated value is the amount upon which the sanction is based.
Undue Hardship – The application of the sanction period would deprive the individual of medical care, such that the individual’s health or life would be endangered, or of food, clothing, shelter, or other necessities of life.
North Carolina Department of Health and Human Services North Carolina Medicaid Division of Health Benefits AGED, BLIND AND DISABLED MEDICAID MANUAL MA-2242
HOME EQUITY VALUE & ELIGIBILITY FOR INSTITUTIONAL SERVICES
1
REVISED 12/8/2025 – CHANGE NO. 11-25
I. INTRODUCTION
For applications for institutional services taken on or after January 1, 2026, the individual’s equity interest in their home cannot exceed $752,000. This also applies to future redeterminations of these applicants. See MA-2240, Transfer of Assets, III. for a definition of institutional services. This does not apply to applications for in-home health services and supplies.
The home equity provision does not apply to individuals who:
A. Applied and were determined eligible before November 1, 2007, and have no break in institutional services eligibility after November 1, 2007,
or
B. To a re-open termination when the date of application is prior to November 1, 2007. See MA-2300, Processing the Application.
This section explains the policy and procedures for determining home equity disqualification.
II. LIMITATION ONLY ON PAYMENT FOR INSTITUTIONAL SERVICES
This is not a resource test that excludes a home of any value for purposes of determining eligibility for Medicaid. This policy applies only to eligibility for institutional services as described in I. above. Do not apply this policy if the spouse of the individual, the individual’s child under 21, or the individual’s blind or disabled child of any age resides in the home.
If it is determined the applicant/beneficiary (a/b) is ineligible for institutional services due to home equity value, send a DHB 5115, Notification of Right to Request a Demonstrated Hardship Waiver (Home Equity Value). If the a/b does not request a demonstrated hardship waiver due to excess home equity or after evaluating for a demonstrated hardship waiver due to excess home equity it is determined the a/b remains ineligible for institutional services, update the evidence in NC FAST and evaluate for all other Medicaid programs. Send the appropriate notice.
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III. DETERMINING HOME EQUITY VALUE
The equity in the individual’s ownership interest in their home is the current market value of the ownership interest in the home minus any encumbrances on that interest. This applies to any ownership interest that the a/b has in their home. Refer to policy in MA- 2230, Financial Resources, to determine the current market value and equity of the home.
A. REDUCING HOME EQUITY THROUGH A HOME EQUITY LOAN
1. Applying and being approved for a home equity loan does not reduce the home’s equity. A line of credit does not reduce the equity value of the home. For example, the equity value of the home is $752,000, and the individual is approved for a reverse mortgage line of credit of $100,000. That action itself does not reduce equity.
2. The equity value of the interest in the home is reduced only when an amount of money is received from the home equity loan. For example:
The equity value of the interest in the home is $752,000 with a reverse mortgage with a line of credit of $100,000. The beneficiary receives $20,000 from the reverse mortgage. The equity value of interest in the home is reduced to $752,000. $752,000 - $20,000 = $732,000.
3. Evaluate a home equity loan transferred to another individual for a possible sanction.
a. If the proceeds of a home equity loan are given away in the month of receipt or any following months, apply transfer of resource policy in MA-2240, Transfer of Assets.
b. Count any remaining funds received from the home equity loan as an asset in the month after receipt. See MA-2230, Financial Resources.
B. REDUCING HOME EQUITY THROUGH REBUTTAL
See MA-2230, Financial Resources, for policy concerning the rebuttal of a home equity value.
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IV. DEMONSTRATED HARDSHIP
The applicant/beneficiary, spouse or representative may request a demonstrated hardship waiver when excess home equity disqualifies the a/b from receiving institutional services. Demonstrated hardship for excess home equity is different from the undue hardship waiver for transfer of assets. The a/b must request the demonstrated hardship waiver within 12 calendar days from the date of the DHB 5115, Notification of Right to Request a Demonstrated Hardship Waiver (Home Equity Value). Proof must be provided to the county department of social services demonstrating through the greater weight of evidence that a hardship will occur if the a/b is denied institutional services.
A. Use a DHB-5097/5097S, Request For Information, to request information needed to evaluate for a demonstrated hardship due to excess home equity. If information is not received by the end of the 12 calendar day period, send a second DHB-5097/5097S, Request For Information and allow an additional 12 calendar days to submit the information. Document the request in the case record.
1. If information is not received by the end of the second 12 calendar day period, deny the request. (See II. above)
2. If information is received, complete the evaluation for demonstrated hardship within 12 calendar days of receipt of the information. Document the decision in the case record.
B. Demonstrated hardship due to excess home equity relates to the a/b, not the relatives or responsible parties of the a/b.
A demonstrated hardship due to excess home equity may exist when:
1. The a/b has no other family or persons to take care of them if discharged from the facility and they have no other assets.
2. The a/b’s family members are too feeble or old to take care of them and their remaining assets have been depleted.
If it is determined that a demonstrated hardship exists, approve the a/b for institutional services providing all other eligibility requirements are met. If it is determined that a demonstrated hardship does not exist, follow procedure in II. above.
North Carolina Department of Health and Human Services Division of Medical Assistance Medicaid Eligibility Unit AGED, BLIND AND DISABLED MEDICAID MANUAL MA-2245
UNDUE HARDSHIP WAIVER FOR TRANSFER OF ASSETS
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MA-2245 UNDUE HARDSHIP WAIVER FOR TRANSFER OF ASSETS REISSUED 11/01/11 – CHANGE NO. 17-11
I. UNDUE HARDSHIP
An applicant/recipient (a/r) may have coverage authorized for institutional services if imposition of the transfer of asset sanction causes an undue hardship. The a/r has already been unsuccessful in demonstrating that a transfer of assets was made for a purpose other than to establish or retain Medicaid eligibility (rebuttal process). A transfer of asset sanction is also known as a penalty period.
The transfer of assets penalty is waived if the a/r demonstrates to the director or director’s designee that the sanction would cause an undue hardship.
Undue hardship relates to the a/r. Undue hardship does not apply to relatives, responsible parties of the a/r or the facility. Undue hardship also does not exist when the imposition of the penalty period causes the a/r an inconvenience or restricts his lifestyle.
II. POLICY RULES
A. Undue hardship exists:
1. When imposition of a penalty period due to the asset transfer would deprive the a/r of:
a. Medical care such that the a/r’s health or life would be endangered, or
b. Food, clothing, shelter, or other necessities of life.
Other necessities of life including basic life sustaining utilities, including water, heat, electricity, phone, and other items or activities without which the individual’s health or life would be endangered.
And
2. No other income or assets are currently available to the a/r to provide for medical care or food, clothing, shelter, or other necessities of life.
And
3. The a/r or some other person acting on the a/r’s behalf is making a good faith effort to pursue all reasonable means to recover the transferred asset or the fair market value of the transferred asset which may include:
North Carolina Department of Health and Human Services AGED, BLIND AND DISABLED MEDICAID MANUAL MA-2245
UNDUE HARDSHIP WAIVER FOR TRANSFER OF ASSETS
REVISED 11/01/11 – CHANGE NO. 17-11 (II.A.3.) a. Seeking advice of an attorney and pursuing legal or equitable remedies such as asset freezing, assignment, or injunction; or seeking modification, avoidance or nullification of a financial instrument, promissory note, loan, mortgage, or other property agreement, or other similar transfer agreement; and
b. Cooperating with any attempt to recover the transferred asset or the fair market value of the transferred asset.
B. Undue hardship does not exist when the only hardship that would result is the a/r or a/r’s spouse’s inability to maintain a pre-existing life style or cause an inconvenience for the a/r or a/r’s spouse.
C. The following persons may request an undue hardship waiver of the penalty period:
1. The a/r, or
2. The a/r’s spouse or representative, or
3. The institution where the a/r resides when the a/r or the a/r’s authorized representative gives written consent to the facility.
III. PROCEDURES FOR REQUESTING UNDUE HARDSHIP DETERMINATION AND DOCUMENTATION
A. After the sanction period is established and was not rebutted, notify the a/r in writing of the sanction period and the undue hardship waiver process using DMA-5113, Notification of Right to Request an Undue Hardship Waiver (Transfer of Assets). If appropriate, also send a notice of pending Medicaid application, DMA-5098/DMA-5098S, Medicaid Application Pending.
B. The a/r must request the undue hardship waiver within 12 calendar days from the date of the DMA-5113. If the a/r does not request an undue hardship waiver within 12 calendar days from the date of the notice, impose the transfer of asset penalty. Send the appropriate notice. See MA-2240, Transfer of Assets, XIV.D.
C. The request may be made verbally or in writing.
D. Document the date of the initial request in the county record.
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North Carolina Department of Health and Human Services AGED, BLIND AND DISABLED MEDICAID MANUAL MA-2245
UNDUE HARDSHIP WAIVER FOR TRANSFER OF ASSETS
REVISED 11/01/11 – CHANGE NO. 17-11 (III.)
E. Send a DMA-5114, Request for Documentation for Undue Hardship Claim, within 5 work days of receipt of a request for a waiver.
1. Also send the DMA-5097/DMA-5097s, Request for Information. Document in the record the date the request is sent. Retain a copy of both the DMA- 5114 and the DMA-5097. The individual has 12 calendar days from the date of the notice to provide the information/documentation.
2. If information/documentation is not received by the end of the 12 calendar day period, send a second DMA-5114, Request for Documentation for Undue Hardship Claim, and DMA-5097/DMA-5097s, Request for Information. Document in the record the date the request is sent. Retain a copy of both the DMA-5114 and the DMA-5097. Allow an additional 12 calendar days to submit the information/documentation.
3. If information/documentation is not received by the end of the second 12 calendar day period:
a. For applications, continue to hold through the end of the application processing period and if not received at that time, deny the undue hardship waiver request for failure to provide information/documentation. Send a DSS-8109/DSS-8109S, Notice of Benefits, Denied or Withdrawn, using the appropriate notice text code.
b. For individuals who already receive Medicaid coverage of institutional services, send a timely notice to the individual at the end of the second 12 calendar day period.
c. For pla recipients who apply for institutional services, send a DSS- 8109/DSS-8109S, Notice of Benefits, Denied or Withdrawn, using the appropriate notice text code to deny the request for those services.
4. If information/documentation is received within the requested time period, evaluate for undue hardship. See III.G. below.
F. For Medicaid applications, when all other information to determine eligibility is received, and only the documentation for an undue hardship is needed, follow procedures in MA-2304, Processing the Application. Exclude time with a “WVR” exclusion code entry on the Date Screen in EIS. (See EIS-2400, Date Screen) Do not exclude time with “WVR” if the applicant is otherwise pla eligible.
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North Carolina Department of Health and Human Services AGED, BLIND AND DISABLED MEDICAID MANUAL MA-2245
UNDUE HARDSHIP WAIVER FOR TRANSFER OF ASSETS
REVISED 11/01/11 – CHANGE NO. 17-11 (III.)
G. The county director of social services or his designee makes the decision on undue hardship within 12 calendar days of receipt of the information/ documentation.
H. If the Director or Director’s designee identifies the need for additional information and/or documentation, request the additional information/ documentation. Use DMA-5114, Request for Documentation for Undue Hardship Claim, along with a DMA-5097/DMA-5097s, Request for Information. Document in the record the date the request is sent and retain a copy. The individual has 12 calendar days from the date of the notice to provide the information/documentation.
1. If the additional information/documentation is not received by the end of the 12 calendar day period, send a second DMA-5114, Request for Documentation for Undue Hardship Claim, along with a DMA-5097/DMA- 5097s, Request for Information. Allow 12 additional calendar days to submit information/documentation.
2. Complete the determination within 12 calendar days of receipt of the additional information.
3. If the additional information is not received within the period described in III.H. and III.H.1. above, deny the undue hardship request as described in III.E.3.above.
IV. INFORMATION AND DOCUMENTATION TO SUPPORT CLAIM FOR UNDUE HARDSHIP
The burden of proof to show that an undue hardship exists is the responsibility of the a/r or some other person or institution acting on the a/r’s behalf.
Documentation from the a/r or the person or institution acting on the a/r’s behalf must include:
A. A written statement from a medical doctor with knowledge of the a/r’s medical condition certifying that in his or her professional opinion, the a/r will be in danger of death or the a/r’s health will suffer irreparable harm if a penalty period is imposed.
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North Carolina Department of Health and Human Services AGED, BLIND AND DISABLED MEDICAID MANUAL MA-2245
UNDUE HARDSHIP WAIVER FOR TRANSFER OF ASSETS
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ISSUED 11/01/07 – CHANGE NO. 24-07 (IV.)
B. Statements of knowledgeable persons, including but not limited to doctors, nurses, social workers or family members, establishing through the greater weight of evidence that the a/r will be deprived of food, clothing, shelter, or other necessities of life if a penalty period is imposed.
C. Verification that no other alternative income or assets exist to provide payment for institutional services, or food, clothing, shelter, or other necessities of life.
1. Consider the following:
a. Does the a/r have assets, both countable and non-countable, to pay for medical care, shelter, clothing, and other necessities of life?
b. Are there any other alternatives available to the a/r to provide medical care, food, clothing, shelter, and other necessities of life?
c. Does the a/r and/or a/r’s spouse, or if under age 18, a/r’s parents, have sufficient assets, including all countable and excluded assets except the individual’s, spouse’s, or parent’s home, to pay for medical care, shelter, clothing, and other necessities of life?
2. Available income means all income of the a/r and a/r’s spouse less the full amount of the maximum community spouse income allowance, including the excess shelter allowance, plus 50% of other income over the maximum community spouse income allowance for the community spouse (CSP). Any income of the CSP in excess of this amount may be a source to pay for long term care costs for the institutional spouse (ISP).
EXAMPLE: The CSP has income of $5,000/mo. Subtracting the maximum community spouse income allowance ($2,541) leaves $2,459 ($5,000 - $2,541 = $2,459). Half of the $2,459 is $1,229.50, rounded up is $1,230. Adding $1,230 to the maximum community spouse income allowance is $3,771 ($2,541 + $1,230 = $3,771). The amount of the CSP’s income over this amount, $1,229/month ($5,000 - $3,771 = $1,229), may be used to pay for the ISP’s care.
3. When the a/r or the a/r’s spouse has an equity interest in the home exceeding $500,000, the home is an alternative source to provide payment for institutional services, or food, clothing, shelter, or other necessities of life regardless of who is living in the home.
North Carolina Department of Health and Human Services AGED, BLIND AND DISABLED MEDICAID MANUAL MA-2245
UNDUE HARDSHIP WAIVER FOR TRANSFER OF ASSETS
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ISSUED 11/01/07 – CHANGE NO. 24-07 (IV.C.)
4. In addition to a home as described in C.3. above, alternative assets means all assets of the a/r and the a/r’s spouse except:
a. A motor vehicle in which the a/r or the a/r’s spouse has an equity interest not exceeding $30,000, and
b. Personal property, and
c. A portion of the CSP’s community spouse resource allowance (CSRA) as determined in MA-2231, Community Spouse Resource Protection, but not more than 60% of the Maximum CSRA. To calculate this amount, compute the CSRA. Protect the CSRA up to 60% of the maximum CSRA.
Any assets of the CSP in excess of this amount may be a source to pay for long term care costs for the institutionalized spouse (ISP). Any CSP Resource Allowance below this amount is protected for the CSP.
EXAMPLES:
d. A couple had total assets of $200,000. One-half, $100,000 is assigned to the CSP as the Community Spouse Resource Allowance (CSRA) as determined in MA-2231, Community Spouse Resource Protection. This is greater than 60% of the Maximum CSRA ($60,984). When determining potential sources for payment of the ISP’s care in determining if undue hardship exists $60,984 is protected for the CSP. Any amount of the CSP’s assets in excess of $60,984 may be used to pay for the ISP’s care. ($100,000 minus $60,984 equals $39,016 available to pay for the ISP’s care.)
e. The couple had total assets of $50,000. Half, $25,000 is assigned to the CSP as the CSRA. This amount is less than 60% of the Maximum CSRA ($60,984). Therefore, the CSRA, $25,000, is protected for the CSP.
f. The couple had total assets of $300,000. Half, $150,000 exceeds the maximum CSRA. Therefore, the maximum CSRA, $101,640, is assigned to the CSP as the CSRA. When determining potential sources for payment of the ISP’s care in determining if undue hardship exists, protect 60% of the Maximum CSRA ($60,984) for the CSP. Any amount of the CSP’s assets in excess of that amount ($40,656) may be used for the ISP’s care.
North Carolina Department of Health and Human Services AGED, BLIND AND DISABLED MEDICAID MANUAL MA-2245
UNDUE HARDSHIP WAIVER FOR TRANSFER OF ASSETS
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ISSUED 11/01/07 – CHANGE NO. 24-07 (IV.C.4.)
g. The couple had total assets of $40,000. Since this amount is less than the 60% of the maximum CSRA, the minimum CSRA, $20,328, is protected for the CSP. The CSRA is actually $20,000 ($40,000 divided by 2 = $20,000). However, this is less than the minimum CSRA which is $20,328 so the CSP amount is $20,328.
D. The a/r or person or institution acting on the a/r’s behalf provides the information and documentation necessary to demonstrate by greater weight of evidence that:
1. He is making a good faith effort to pursue all means to recover the transferred asset or the fair market value of the asset such as but not limited to the following:
a. Contacting the individual(s) or entity to whom the asset was transferred to try to have the asset returned, and
b. Seeking advice from an attorney or seeking advice from an individual or other entity who was involved in the creation of a financial instrument, promissory note, loan, mortgage or life estate interest regarding nullification, and
c. Cooperating with any attempt to recover the asset or the fair market value of the transferred asset.
And
2. The individual can not recover any portion of the transferred asset.
V. UNDUE HARDSHIP DECISION
A. Approve undue hardship when:
1. The written statement from the medical doctor with knowledge of the a/r’s medical condition states that depriving the a/r’s health will suffer irreparable harm or be in danger of death if a penalty period is imposed.
Note: If the a/r is in a nursing home or hospital or a facility like ACH, and not facing discharge, then a/r’s life or health is not endangered.
And
North Carolina Department of Health and Human Services AGED, BLIND AND DISABLED MEDICAID MANUAL MA-2245
UNDUE HARDSHIP WAIVER FOR TRANSFER OF ASSETS
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ISSUED 11/01/07 – CHANGE NO. 24-07 (V.A.)
2. Statements from knowledgeable persons establishing through the greater weight of evidence that no other sources are available to the a/r to provide for medical care, food, clothing, shelter, or other necessities of life that are essential to the a/r’s health and life.
And
3. The a/r or person or institution acting on behalf of the a/r is making a good faith effort to pursue all reasonable means to recover the transferred asset or the fair market value of the transferred asset as described in IV.D. above.
B. Deny undue hardship when:
1. The a/r or some other person or facility acting on the a/r’s behalf fails to provide information and documentation in the time allowed or fails to fully cooperate.
2. The a/r or some other person or facility acting on the a/r’s behalf fails to make a good faith effort to recover the transferred asset as described in IV.D. above.
3. The a/r or a/r’s spouse only provide proof that they cannot maintain their existing life style or the undue hardship only causes an inconvenience.
4. The a/r’s total available assets (or if a couple, the total combined available assets of the a/r and the a/r’s spouse, or if under age 18, the combined available assets of the a/r’s parents), including all countable and excluded assets except as determined in IV.C. above, are sufficient to provide the a/r medical care, food, clothing, shelter, and other necessities of life.
5. The a/r has transferred income and/or assets to the community spouse and the community spouse refuses to cooperate in making the assets available to the a/r.
C. If it is determined that an undue hardship exists, waive the penalty period and notify the a/r, the a/r’s spouse or representative, or the institution acting on the a/r’s behalf. Approve the application provided all other requirements are met. Send a manual DSS-8108/DSS-8108s, Notice of Benefits, stating approval for the request for undue hardship for Medical Assistance coverage of institutional services because the a/r demonstrated that denial of payment for these services will cause an undue hardship.
North Carolina Department of Health and Human Services AGED, BLIND AND DISABLED MEDICAID MANUAL MA-2245
UNDUE HARDSHIP WAIVER FOR TRANSFER OF ASSETS
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ISSUED 11/01/07 – CHANGE NO. 24-07 (V.)
D. If it is determined that an undue hardship does not exist, deny the request for the waiver. Send a manual DSS-8109/DSS-8109s, Your Application for Benefits are Being Denied or Withdrawn, stating denial of the request for undue hardship for Medical Assistance coverage of institutional services and the reason for the denial. Impose the transfer of asset penalty sanction.
North Carolina Department of Health and Human Services North Carolina Medicaid Division of Health Benefits AGED, BLIND AND DISABLED MEDICAID MANUAL MA-2250
INCOME
1
REVISED 12/8/2025 – CHANGE NO. 11-25
I. POLICY RULES
A. Available Income
1. To determine eligibility, count income available to the budget unit in the certification period. Refer to MA-2260, Financial Eligibility Regulations- PLA, MA-2270, Long-Term Care (LTC) Need and Budgeting, MA-2280, Community Alternatives Program Medicaid Eligibility, and MA-2275, Program of All-Inclusive Care for the Elderly (PACE) for definition of financial responsibility/deeming.
2. Consider income available to the budget unit when:
a. It is determined to be available based upon base period projections or verification of benefits received, or
b. The budget unit member or someone acting on the members their behalf has the legal ability to make a sum available for support and maintenance.
c. Income from a financially responsible person (spouse or parent), must be deemed to the a/b.
3. LTC or PACE applicant or beneficiary (a/b) with a Community Spouse
The following rules apply in determining the availability of income for Steps I and II of LTC and PACE budgeting.
a. Trust Fund Income
1) Determine the availability of income according to the terms of the trust.
2) If there is no specific provision in the trust, determine availability of income according to regulations in b. below.
b. Income Not from a Trust Fund 1) If payment of income is made solely in the name of the institutionalized spouse or the community spouse, consider the income available to that respective spouse unless the financial
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instrument specifically provides otherwise.
2) If payment of income is made in both names to the institutionalized and community spouses consider 1/2 of the income available to each spouse.
3) If payment of income is made to the institutionalized and community spouse, and to another person or persons, consider the income available to each spouse in proportion to each spouse's interest.
4) In Step II only of LTC or PACE budgeting
Determine if the community spouse income allowance should be given. Refer to MA-2270 , Long-Term Care Need and Budgeting and MA-2275, Program of All-Inclusive Care for the Elderly (PACE).
B. Computation
Determine the available income of a/b. Deem income from a financially responsible person (spouse or parent), when appropriate. Subtract appropriate exclusions, including the infrequent or irregular income exclusion, to determine countable income.
Refer to IX. below for computation outline and MA-2260 , Financial Eligibility Regulations, PLA for budgeting/deeming procedures.
C. Consideration of Income
1. Count all income available in the certification period. Refer to V. below for budgeting terminated income.
2. Count income available to the a/b or a financially responsible person (spouse or parent), per budgeting/deeming instructions.
3. Refer to MA-2270 , Long-Term Care Need and Budgeting for instructions on allowable deductions in Step II of patient monthly liability computation in LTC budgeting. Count total adjusted gross income after deducting operational expenses for self-employment income.
4. If income is expected to change, create a task in NC FAST for the case to be reviewed at the time of change and recalculate per instructions for change in situation.
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II. A/B’S RESPONSIBILITIES
A. Application for Benefits
The a/b must apply for all countable unearned income (e.g. RSDI, unemployment, retirement benefits, Veteran’s Assistance, etc.) to which they may be entitled, however; this is post eligibility. Refer to MA-2301, Post Eligibility Verification.
B. Reporting Income
Inform the a/b that they must report all income they receive or to which they are entitled. Changes must be reported within ten calendar days of receipt of the changed income. The a/b may have to repay the Medicaid program for services received if they fail to report changes timely which result in ineligibility or a new or increased deductible. Refer to MA-2900, Beneficiary Fraud and Abuse Policy and Procedures.
C. Assistance
The a/b must assist in the determination of eligibility when verification is not included in available electronic data sources, by supplying verification of income or providing the source of the income.
III. DOCUMENTATION
A. Income documentation is required for all cases.
Documentation means the type of verification and a summary of the information obtained has been entered in the appropriate evidence(s) in NC FAST. Documentation must be detailed so that a County, State, or Federal reviewer is able to determine the reasonableness of the determination. For example, when income is verified by the presentation of pay stubs, the gross amount of income on each pay stub, and the frequency of receipt of income is documented in NC FAST evidence(s) or case record.
B. The following must be documented:
1. A/B's statements regarding available income; include negative responses.
2. The source and type of income, and a collateral contact if one is necessary.
3. Efforts to determine employment and exploration of potential unearned income.
4. Copies of correspondence and documents, forms, notification.
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5. The amount and type of earned and unearned income and any operational expenses.
6. Base period used and the income available.
7. Changes which may occur in the future, create a task in NC FAST. Refer to Job Aid: Creating Task.
8. Other facts, information, or dates used to support your decision.
IV. BASE PERIOD
A. General Guidelines
1. Base periods are the periods of time that are the basis for determining income eligibility.
2. The base period establishes a set period of time for workers to create a “snapshot” of a budget unit’s income and for which income must be verified.
3. The base period should be an accurate representation of the income the household is expected to have available during the certification period.
4. Use actual gross income and anticipated income, both ongoing and terminated in the month received, for application.
B. Base Period for Applications and Recertification’s
1. Applications
a. Prospective
Unless there is a change, the base period for verifying income for the certification period is the calendar month prior to the month of application. Convert income to a monthly amount. Always convert annual sources of income to a monthly amount (e.g. salaried employee on contract, rental income paid annually, etc.).
b. Retroactive
Verify actual income for the month(s) of retroactive need except for certain incomes listed in C. below and annual sources of income
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referenced in IV.B.1.a above. Refer to MA-2300, Application, regarding retroactive eligibility.
2. Recertification
Unless there is a change, the base period for computing income for a subsequent certification period is the calendar month prior to the month of the recertification. The base period can:
a. Never be earlier than the 4th month of the current certification period, and
b. Never go beyond the first month of the certification period for which you
are determining eligibility.
C. Base Period for Certain Incomes
1. The following types of income have a different base period:
a. Self-Employment - Refer to VII.
b. Rental Income Received other than Monthly - Refer to VIII.
c. Child/Spousal Support/Contributions - Refer to VIII.
d. Child care worker supplements from the Child Care Wages Project - Refer to VII.
e. Farm Income-Refer to VII.
2. Retroactive Medicaid
Always use monthly income computed from the base period (not actual income) when determining eligibility for retroactive Medicaid for these sources of income. The base period for retroactive benefits is the same as for the prospective period.
D. Verifications for Income/Operational Expenses 1. Applications On the DHB-5097/DHB-5097S, Request for Information, always request verification of the income received in the base period. Also, ask for verification of operational expenses paid during the same period. When processing applications, always follow procedures in MA-2300, Applications.
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2. Recertification
Request verification of the income received in the base period. Also ask for verification of operational expenses paid during the same period, if applicable.
3. Client Statement as Verification of Income for Applications and Recertification’s.
Only accept the applicant’s statement as verification of income if:
a. The applicant or caseworker cannot obtain the verification from any source, or the source refuses to provide verification or cannot be located, and
b. The statement is not questionable. Do not accept the statement if the applicant/beneficiary refuses or simply fails to provide the verification of income.
Example 1: The a/b provides a statement but has lost the previous month’s pay stubs. The caseworker contacts the employer who refuses under any circumstances to provide verification. Accept the statement of income unless questionable.
Example 2: The a/b provides a statement of income but does not provide pay stubs with the application. The caseworker requests proof of income. If the a/b does not return the pay stubs and does not indicate that they are unavailable, the caseworker should not approve Medicaid. This is true even if the caseworker contacts the employer and he refuses to verify income.
c. Document the reason why the applicant’s statement was accepted and that he has been instructed that for any subsequent applications or redeterminations he will be required to provide proof of his income.
E. Determination of Adjusted Gross Income
Upon receipt of the verified income and operational expenses:
1. Determine the average monthly gross income by adding together the total gross income received during the base period. Divide this by the number of months used in the base period. This is the average monthly gross income.
2. Determine the average monthly operational expenses by adding together the operational expenses paid during the base period. Divide this by the number of months used in the base period. This is the average monthly operational expenses.
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3. Subtract the average monthly operational expense from the average monthly gross income to determine adjusted gross income. (Refer to IX. for computation). Use this amount to determine eligibility.
F. Conversions
1. Upon receipt of the verified base period income, total the income for each pay/benefit period. Divide by the number of pay periods. This is the average income.
2. Convert the average income to a gross monthly amount.
a. If received weekly, multiply by 4.3.
b. If received bi-weekly, multiply by 2.15.
c. If received semi-monthly, multiply by 2.
d. If received monthly, use the monthly gross.
e. If salaried, and contract renewed annually, divide annual income, etc., by 12.
EXAMPLE: Applicant receives income bi-weekly. On Sept. 7, he received $300 gross and on 9-21, he received $300 gross. $300 plus $300 = $600. Divide $600 by 2 (number of pay periods received and used). This equals $300 (average income). Convert the $300 by multiplying $300 by 2.15 = $645.00 (countable gross monthly income).
V. CHANGES AND/OR TERMINATED INCOME
A. Definition of Changes
1. Earned Income
a. Change is defined as beginning employment, increase or decrease in rate of pay, or increase or decrease in the required number of hours worked. Beginning employment includes initial employment as well as change of job with same or different employer.
b. Do not consider fluctuating wages or hours as a change.
2. Unearned Income
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a. Change is defined as beginning of benefits or an increase or decrease in the amount as established by the agency distributing the benefit.
b. Do not consider fluctuating amounts as a change.
3. Certain Incomes
a. Self-Employment/Farm Income
Change is defined as beginning farming/self-employment or the termination of farm/self-employment income during the certification period. Address additional farm/self-employment income that occurs during the certification period at the next recertification.
b. Income from Rentals Received other than Monthly Change in rental income is defined as beginning or termination of income during the certification period. Do not consider fluctuating income as a change.
c. Child/Spousal Support or Contributions
Change in support or contributions are defined as the beginning of an increase or decrease in court-ordered or agreed-upon support or contributions. Do not consider fluctuating support or contributions as a change.
B. Changes During Application Processing Period
1. Verification Requirements
If the a/b reports that income has changed, request verification of the changed income. Refer to MA-2300, Applications.
a. Ask for as many weeks as possible up to a period of 4 consecutive weeks at the changed amount.
b. Use the base period income up to the month in which the change occurs. If income changes during the month of application, disregard the base period income unless it has already been verified and the application can be processed. (Refer B. below).
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c. Upon receipt of any of the changed income, use one of the steps below to determine the gross monthly amount.
d. Refer to MA-2340, Change in Situation, for procedures to use in computing deductible when income has changed.
2. Receipt of Less Than Full Amount of Pay/Benefit
When the applicant has received only one partial pay or benefit, follow procedures below for determining the full amount to be counted.
a. Earned Income
1) Use pay stub/wage statement or contact the employer to determine the daily wages.
2) Multiply the daily income amount by the number of days per pay period that the applicant is expected to work. If the hours or days are irregular, use the higher amount of hours/days given by the applicant or employer to determine the income.
3) Using the gross income from (2), convert this income to a gross monthly amount. Refer to IV for instructions. Use this amount to determine eligibility.
b. Unearned Income
If the changed income that has been received only once is a partial amount, determine the full amount of the changed income. Using the full amount, convert the income to a gross monthly amount. Use this amount to determine eligibility.
3. Receipt of Full Amount of Income
If the applicant/beneficiary has received one or more full paycheck/ benefit, disregard any partial pay/benefits. Use the full pay/benefit amounts to convert to monthly income.
a. Earned Income
1) Total the gross income from each full pay period received.
2) Divide by the number of pay periods used to determine the average income.
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3) Refer to IV. for information on converting the income.
4) Use the converted income amount to determine eligibility.
b. Unearned Income
1) Total the income from each full benefit/payment received.
2) Divide by the number benefit/payments received to determine the average income.
3) Refer to IV., for information on converting the income.
4) Use the converted income amount to determine eligibility.
EXAMPLE: Applicant applied on Sept. 10. He received a partial amount of changed income on Sept. 7 of $100 and is paid weekly. He received $200 which is the full changed benefit on Sept. 14 and Sept. 21. Exclude the $100 received on Sept. 7 in your calculation. Add the $200 received Sept. 14 and 21 together ($400). Divide $400 by 2 (number of pay periods you used to determine the total amount) = $200 (average income). Convert $200 to a monthly amount by multiplying by 4.3 = $860.00 (gross monthly income). Use this amount to determine eligibility.
4. Processing Requirements
a. If base period income results in a deductible and the change is a decrease in income, if the change is not verified, send a DHB-5097/DHB-5097S, Request for Information, requesting verification of the changed income.
1) Upon receipt of the verification of changed income, follow conversion steps to determine monthly income.
2) If changed income results in a reduced deductible and a DHB-5098 has previously been sent, send a revised DHB-5098, Your Application for Medicaid is Pending for a Deductible, informing the applicant of the new deductible amount.
3) If the revised deductible is met, authorize eligibility effective the day the deductible was met.
4) If the changed income plus the base period income results in eligibility with no deductible, authorize eligibility effective the first day of the month of application.
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b. If the base period income results in a deductible and the changed income is an increase, send a DHB-5097/DHB-5097S, Request for Information requesting verification of the income. Upon receipt of verification, recalculate the deductible. If a DHB-5098 has been previously sent, send a revised DHB-5098, Your Application for Medicaid is Pending for a Deductible, informing the a/b of the new deductible amount effective the month of application.
c. If the base period income establishes eligibility and the change is increased income, approve the application.
1) When sending the approval notice, also send a DHB- 5097/DHB-5097S, Request for Information, to request verification of changed income. Indicate on the notice income is needed to determine continued eligibility or deductible amount.
2) Upon verification of the changed income, convert to a gross monthly amount and recalculate the budget.
3) If the change results in reduced benefits or increased deductible, send another timely notice informing the beneficiary of the change.
4) Refer to MA-2340, Change in Situation, for changes which occur after the application has been approved.
C. Changes Occurring During Ex-parte/Recertification
Changes Reported at the Interview/or on Recertification form
a. When ongoing eligibility can be determined using available information, authorize the case and send appropriate notice.
b. When continued eligibility cannot be determined using available information or eligibility will change to a lesser benefit or terminate, request the information needed to determine ongoing eligibility using the DHB-5097/DHB-5097S, Request for Information. If the information needed to determine ongoing eligibility is not returned/furnished, send a DSS-8110 {Notice of Modification Termination, or Continuation} of Public Assistance to terminate the case.
D. Changes Occurring During the Certification Period
1. Beneficiary Reports Change Timely
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a. Send a DHB-5097/DHB-5097S, Request for Information to request income verification. Indicate income verification is needed to determine continued eligibility or deductible amount.
b. Upon receipt of verification, convert the income to a gross monthly amount following procedures in IV.
c. Use base period income to determine eligibility up to the month the first changed income was received. Send a timely notice if the change results in a deductible or lesser benefit. Send an adequate notice if benefits remain the same or continue.
2. Beneficiary Reports Change Late
a. Send a DHB-5097/DHB-5097S, Request for Information, to request income verification. State on the notice income verification is needed to determine continued eligibility or deductible amount.
1) If you are able to get the actual changed income for each month, use that amount for each month. Use the most recent 4 weeks to project for the rest of the certification period.
2) If you are unable to get the actual income for each month, attempt to get the most recent changed income.
b. Upon receipt of verification of the changed income, convert income to a gross monthly amount following procedures in IV.
c. Verify the point at which the change occurred to determine from what month to calculate if fraud/overpayment occurred.
d. Use base period income plus the changed income to determine eligibility. Refer to MA-2340, Change in Situation. Send a timely notice if there is a change in benefits or deductible.
E. Terminated Income
1. Count terminated income through the month household receives final pay from the source.
2. If a deductible is applicable in the case, follow the procedures in MA- 2340, Change in Situation, for revising the deductible due to reduction in income.
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VI. NON-COUNTABLE INCOME
A. Non-Countable Earned Income
Do not count the following income:
1. Achieving A Better Life Experience (ABLE Act)
The Achieving a Better Life Experience (ABLE) Act is a federal program that was signed into law December of 2014. ABLE gives individuals who were determined disabled prior to their 26th birthday, and their families, the opportunity to save for the future and fund essential disability related expenses without impacting eligibility for Medicaid.
The North Carolina Department of State Treasurer launched the NC ABLE Program January 26, 2017.
ABLE account distributions are not evaluated for income and remain a non- countable resource when determining or re-determining Non-MAGI program eligibility.
2. Payments for supportive services or reimbursements of out of pocket expenses made to a/b volunteers under Public Law 103-82, The National And Community Service Trust Act of 1993, (NCSTA). Note: Two formerly independent agencies: The Commission on National Service and ACTION were combined to form NCSTA. Programs under NCSTA include:
a. Volunteers in Service to America (VISTA), (now known as AmeriCorps Vista), University Year for Action Program (UYA), Retired Senior Volunteer Program (RSVP), Foster Grandparent Program, and the Senior Companion Program.
b. National Volunteer programs to assist small businesses and promote volunteer service by persons with business experience including Service Corps of Retired Executives (SCORE) and Active Corps of Executives (ACE).
3. Foster Care Board payments equal to or below the state maximum rates for beneficiaries who serve as foster parents.
4. Earned Income Tax Credit (EITC) whether received in advance or from a refund from the IRS are excluded for 12 calendar months beginning the month of receipt. EITC should be easily identifiable on the a/b or financially responsible person’s wage stub. This applies to NC State EITC or Federal EITC. Refer to MA-2230, Financial Resources.
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5. Child Tax Credits are excluded from income for 12 calendar months beginning the month of receipt. MA-2230, Financial Resources.
6. All other Federal and State tax refunds are excluded for 12 calendar months beginning the month of receipt.
7. Cafeteria Plan/Contributions and Salary Reduction Agreements
a. A cafeteria plan is a written benefit plan offered by an employer in which all participants are employees and can choose cafeteria style from a menu of two or more qualified benefits. Examples of qualified benefits include but are not limited to; accident and health plans, group term life insurance plans up to $50,000, dependent care and medical expense re-imbursement plans.
b. A salary reduction agreement is an agreement between employer and employee whereby the employee, in exchange for the receipt of employer provided cafeteria plan benefits accepts a lower salary or foregoes a salary increase.
c. When benefits are provided by an employer for the employee as a contribution or as part of a salary reduction agreement with the employee, the benefit is considered as non-countable earned income. See VII. for employee voluntary payroll deductions to purchase cafeteria plan benefits.
d. A cash reimbursement for a cafeteria plan qualified benefit made to a participant is also non-countable income.
e. Pay stubs that appear to show payroll deductions for cafeteria plan benefits may actually show how funds from a salary reduction agreement or contribution have been provided by the employer. Verification from the employer may be required.
8. Plan to Achieve Self-Support, (PASS), Also refer to VI. below.)
a. The Social Security Act authorizes the exclusion of income of an individual who has a disability or is blind when the individual needs such income to fulfill an approved Plan to Achieve Self-Support (PASS).
b. Verify the exclusion amount by viewing the notice of approval from the SSA office. Since the PASS is issued for a specific period of time and can be amended by SSA due to changes, it should be verified at each recertification.
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9. Income from a National Emergency Grant (NEG).
10. Census Bureau wages for temporary employment related to census activities.
B. Non-Countable Unearned Income
Do not count the following unearned income:
1. Supplemental Security Income (SSI) is non-countable unearned income, except for beneficiaries budgeted as long-term care. Refer to VIII.
2. Relocation payments.
3. Benefits from Food and Nutritional Services.
4. Food grown by a member of the household. If home grown produce is sold, count as earned income.
5. Child Nutrition Act and National School Lunch Act benefits.
6. Assistance from other agencies and organizations. This includes assistance provided in cash or in kind under any governmental, civic, or charitable organization whose purpose is for rehabilitation, special training, educational opportunities, or social services. This includes: a. Vocational Rehabilitation (VR) incentive payments for training, education, and allowance for dependents. b. VR cash received for payment of personal care assistance services. c. VA Aid and Attendance and Unreimbursed Medical Expenses (UME). d. VA aid to the homebound. e. VA Reduced Improved Pension up to $90 received under P.L. 102-568. f. Work First payments. g. Chore services under Title XX. Count items c. and g. for homebound PLA a/b as earned income when paid directly to a chore provider/attendant who is a Medicaid a/b.
7. Dividends and interest earned on resources. If any of the dividend or interest is retained in the month after receipt, it is a countable resource. Refer to MA- 2230, Financial Resources.
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8. Grants, scholarships, and fellowships are amounts paid by private nonprofit agencies, the U.S. government, instrumentalities or agencies of the U.S., state and local governments, foreign governments, and private concerns to enable qualified individuals to further their education and training by scholastic or research work, etc.
9. Any portion of a grant, scholarship, fellowship, or gift used for paying tuition, fees, or other necessary educational expenses at any educational institution, including vocational or technical education, is excluded from income. Any portion of educational assistance that is not used to pay current tuition, fees or other necessary educational expenses, but will be used for paying this type of educational expense at a future date is excluded from income in the month of receipt and excluded from resources for 9 months beginning the month after the month it was received. Refer to MA-2230, Financial Resources. This applies to undergraduate and graduate students.
10. All financial assistance received by undergraduate/graduate students for educational purposes made under Title IV of the Social Security Act, such as the Higher Education Act of 1965 (HEA) or Bureau of Indian Affairs (BIA) student assistance programs are excluded from income and resources regardless of use.
EXAMPLES: Perkins Loans; Stafford Loans such as the National Direct (Defense) Loan; Federal Supplemental Educational Opportunity Grant (FSEOG); Pell Grants, College Work-Study Programs including PACE, NC Student Incentives Grants; Upward Bound, and Title VII of the Older Americans Act of 1965 benefits.
11. Bills paid by a third party for an item other than food or shelter.
12. Supportive services such as meals, medical care, stipends paid to defray expenses, child care costs paid or reimbursed, etc. made to individuals who are participating in a program authorized by Workforce Investment Act, such as the Job Training Partnership Act programs including Job Corps.
13. Housing improvement grants approved by the N.C. Commission of Indian Affairs or funds distributed per capita or held in trust for Indian tribe members under P.L. 92-254, P.L. 93-134, or P.L. 94-540.
14. Payments to Indian tribe members as permitted under P.L. 94-114.
15. Payments made by Medicare to a home renal dialysis patient as medical benefits.
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16. Benefits received by an a/b as a representative payee for another individual who is incompetent or incapable of handling his affairs. Such benefits must be accounted for separate from the a/b’s own income/resources.
17. Special one-time payments such as energy, weatherization assistance, disaster assistance, or Work First emergency assistance.
18. The value of the U. S. Department of Agriculture donated foods such as surplus commodities.
19. Payments made under the Alaska Native Claims Settlement Act, P.L. 92-203.
20. Any payment received under Title II of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970.
21. Housing and Urban Development (HUD) Section 8 payments regardless of whether the payment is made to the a/b or the vendor.
22. HUD Community Development Block Grant funds received to finance the renovation of a privately-owned residence.
23. Adoption assistance.
24. Title XX funds received to pay for services rendered by another individual or agency.
25. Refunds of income taxes. Any amount received as a refund of taxes paid is excluded from countable income. Refer to MA-2230, Financial Resources, for treatment as a resource.
26. Income deemed to a Work First budget unit.
27. Plan to Achieve Self-Support, (PASS) Refer to VI. for Non-Countable Earned Income.
28. Reimbursement for transportation expenses for use of a/b’s own vehicle which is used to obtain medical care or treatment.
29. Japanese Restitution Payments
30. German Reparation Payments
31. Agent Orange Settlement Payments, including Spina Bifida payments to a child of a Vietnam or Korean-war veteran
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32. Aleutian Restitution Payments
33. Loans and Promissory Notes
Money received as a loan (other than educational loans) by the a/b is not countable income if there is an agreed upon timetable and plan for repayment. Refer to MA-2230, Financial Resources.
34. Lump Sum Payments
a. Lump sum payments received from past months’ benefits from SSI or RSDI are excluded from income. Refer to MA-2230, Financial Resources, for treatment as a resource.
b. Do not count lump sums paid directly to another person outside the budget unit.
c. Lump sum payments received as compensation for a loss of assets or the lump sum was earmarked for a specific purpose. Example: A/b receives an insurance settlement to replace a motor vehicle, a home, or for other catastrophic events. These payments would be disregarded from income. Refer to MA-2230, Financial Resources.
35. Reverse Mortgage Payments
A reverse mortgage is an agreement in which a lending company makes regular payments to a homeowner during a specific period of time. The amount of payment is determined by the amount of equity the homeowner has in his home. The homeowner is allowed to remain in his home until his death or until a negotiated future date. At that time, the home is sold, and the lender is repaid. Any proceeds remaining at the first of the month following receipt are a countable resource. Refer to MA-2230, Financial Resources.
36. Radiation Exposure Compensation Trust Fund Payments.
Payments which provide compensation for injuries and deaths resulting from exposure to radiation from nuclear testing and uranium mining.
37. Payments made from any fund established as a settlement in the case of Susan Walker v. Bayer Corporation, et al. These cases involve hemophiliacs who contracted the HIV virus from contaminated blood products.
38. Department of Defense Payments to Certain Persons Interned by North Vietnam.
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Certain individuals (and their surviving spouses and children if the individuals are deceased) who were captured and interned by North Vietnam may receive payments from the Department of Defense. The amount payable for each captured individual is a one-time payment of $40,000. If the individual’s confinement exceeded 20 years, the payment may include an additional $2,000 per year, not to exceed $50,000. Exclude these payments as income.
39. Ricky Ray Hemophilia Relief Fund
Payments to individuals who contacted HIV in one of the following ways:
a. A hemophiliac who was treated with anti-hemophilic factor between July 1, 1982, and December 31, 1987; or
b. The spouse or former spouse of the individual described in a. who contracted HIV; or
c. A child of a person described in a. or b. who contracted HIV perinatally from his or her mother as a result of the pregnancy, delivery or breastfeeding.
40. Benefits received under Title VII of the Older Americans Act of 1965.
VII. COUNTABLE EARNED INCOME
A. Definitions
1. Regular employment – Employed on a full-or part-time basis, may be permanent or temporary; includes seasonal work.
2. Self-Employment –Working in a business enterprise or trade controlled by oneself, e.g., produce sales, farming, craft sales, babysitting in one's own home.
3. Wages/salary - Compensation paid regularly for services rendered.
4. Commissions - percentage of money made on sales and given in pay.
5. Adjusted gross income – Self-employment income minus allowable operational expenses. This is the countable amount that is used when budgeting.
6. Tips - Gratuities or sums of money given voluntarily for services rendered.
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7. VA Caregiver Stipend – non-taxable income paid to the caretaker of a veteran injured after September 11, 2001.
B. Base Period
1. Applications
a. Prospective
1) Unless there is a change, the base period for verifying income for the certification period is the calendar month prior to the month of application. Income is converted to a monthly amount using the conversion chart in IV.
2) Earned incomes with a different base period will have the base period listed in IV. above.
b. Retroactive
Verify actual income for the month(s) of retroactive need except for certain incomes listed in IV. above. Refer to MA-2300, Application.
2. Redeterminations
Unless there is a change, the base period for computing income for a subsequent certification period is the calendar month prior to the month of the recertification interview. The base period can:
a. Never be earlier than the 4th month of the current certification period, and
b. Never go beyond the first month of the certification period for which you are determining eligibility.
C. Wages
1. Include in wages:
a. Employment earnings, countable tips, pay for seasonal work, pay received for babysitting, domestic employment, and earnings from commission sales.
b. Income received by an a/b participating in the Job Training Partnership Act (JTPA) program, including Job Corps or the National Civilian Community Corps program which is part of AmeriCorps. This may
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include salaries, bonuses, student pay, living allowances, incentive payments, and stipends for service or a payment received as an alternative to an educational award.
c. Earnings from the Title V Program for adults age 55 or older (through U.S. Department of Labor).
d. Annual leave pay when subject to tax deductions.
e. Sick pay for the first six months after work stops due to disability or illness.
f. Earnings from work performed in a sheltered workshop or work activities center.
g. Employee voluntary payroll deductions to purchase cafeteria plan benefits.
Pay stubs that appear to show voluntary payroll deductions may actually show how funds from a salary reduction agreement or contributions from an employer have been provided. Verification from the employer may be required.
h. Cash received from an employer under a cafeteria plan in lieu of benefits. This is different from a reimbursement for a qualified benefit. Refer to VI. above.
i. In kind compensation or support and maintenance, (payment of bills and expenses) provided to owners of small, incorporated businesses, pastors and ministers, or agriculture workers.
j. Earnings received by shareholders as employees of a corporation.
k. Count any tips received by an employee in the course of employment by any one employer if the tips total $20 or more in a calendar month.
2. Responsibility of the A/B
Unless the a/b is mentally or physically incapable or requests assistance, he must provide verification of income.
3. Applications - Refer to Section IV. above for base period.
a. If the a/b states that no member of the budget unit is employed, discuss work history for the last 6 months. Explore possibility of unemployment
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insurance benefits by completing an online verification inquiry with the Employment Security Commission (ESC).
b. Ask for names of former employers. Contact them for any information on current employment. Do not pend the application for the information from the former employers.
c. If the applicant or other members of the budget unit have wages, request verification using the DHB-5097/DHB-5097S, Request for Information. Refer to MA- 2300, Applications, for procedure.
4. Redeterminations - Refer to Section IV. for base period.
a. Ask the beneficiary if he or any member of the B.U. is employed.
b. If the beneficiary or other members of the budget unit have wages, request verification using the DHB-5097/DHB-5097S, Request for Information. Allow 12 calendar days for the verification to be returned.
c. If verification is provided by the deadline, complete recertification.
d. If verification is not provided by the deadline, send a timely notice to propose termination.
e. If verification is received during the timely notice period, complete the recertification. Send another timely notice if there is a change in benefits or deductible.
5. Verification Sources
a. Wage stubs/verification forms, or
b. Contact with current/former employers.
D. Self-Employment
1. An individual is self-employed when he is working in his own business, trade or profession rather than working for an employer.
2. To determine if the individual is self-employed, evaluate the individual’s work situation. If an employer is withholding Social Security and income taxes, the individual is not self-employed. A self-employed individual generally exercises control over how the business will be conducted, not just the end product. Also, a self-employed individual usually incurs operational expenses related to conducting his business or work activity.
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3. The a/b or financially responsible person must be actively involved in the business operation on a day to day basis. The information reported on Internal Revenue Service’s form Schedule E, Supplemental Income and Loss, should be checked to determine whether the individual is actively engaged in the business. If the income is listed as Non-Passive Income (#27k), the individual is actively engaged in the business. If it is listed as Passive Income (#27h), he is not actively engaged in the business.
4. Consider the following when determining the existence of a trade or business:
a. The good faith intention of making a profit or producing income,
b. Continuity of operations, repetition of transactions, or regularity of activities,
c. Regular occupation,
d. Soliciting business by advertisement, etc.
5. A single factor is not sufficient upon which to determine the existence of a trade or business.
Example:
Mrs. Bell reports at a recertification that she began babysitting for her grandchild while her daughter is working. Sometimes she has the child at her home, but as a general rule, she goes to her daughter’s home because the child’s toys and other items are there. She does not baby-sit for anyone else. She receives about $20.00 a week from her daughter. Although some individuals are self-employed as caregivers, Mrs. Bell is not advertising as a provider of daycare services, nor does she intend to produce income. Mrs. Bell is not self-employed. The money she receives for babysitting would be budgeted as wages since an employer/employee relationship exists. (This is the general rule when the child care services are performed in the home of the child’s parent).
6. The following is an overview of the possible types of business arrangements encountered with a/b’s who have income other than regular wages. Some, but not all of these are treated as self-employment income for Medicaid purposes.
Sole Proprietorship
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a. An individual who owns and operates his trade or business activity alone. No formal legal action is required to establish this type of activity. All profit and loss belong to the individual.
b. Adjusted gross income is calculated by subtracting the operational expenses from the gross receipts of the business in the base period. Any salary or disbursements made to the individual from his business are disregarded in calculating adjusted self-employment income.
7. Partnership
A partnership is the association of two or more individuals in a trade or business. The countable gross earned self-employment also includes any profit or loss in a partnership. Partnerships are required by the IRS to file a Form 1065 Partnership Return of Income which shows the income and expenses of the partnership, as well as the assets and liabilities. If the partners do not file the required tax forms, they are still treated as partners for the purposes of determining countable gross self-employment income.
Self-employment also includes any distributive share (profit at the end of the year after salaries are paid), whether or not distributed, of income from a trade or business carried on by a partnership. Count profit from a partnership or corporation as distributable income even if the a/b states it is not available.
a. General – Each partner jointly owns; income received is self-employment.
b. Limited – Owned by one or more general partners and one or more limited partners. Income to a general partner is self-employment. Income to a limited partner is unearned income. (Reported on Schedule K-1 from the partnership and Schedule E on the individual tax return).
c. Limited Liability Partnership – It is like a general partnership except partners are granted limited liability. Income to a general partner is self- employment.
8. Corporations
a. A corporation is a distinct legal entity formed by individuals but having separate legal status from the individuals. The owners must file Articles of Incorporation with the Secretary of State. The Articles specify the type of corporation and the ownership agreement between the owners. Corporations are enduring legal business entities with lives that extend beyond the illness or even death of their owners.
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b. An incorporated business whose stock is not publicly traded on the stock market is referred to as a “closely held corporation.” This is applicable to most small, incorporated businesses in which the stockholders are also working in the business. A Professional Association (PA) is a corporation. The profits of the corporation are taxable income to the corporation and not to the individual stockholders unless the profits are distributed as dividends. If the income the a/b draws from the business does not appear reasonable or sufficient to meet his living needs, explore the possibility that funds are being used from the business accounts to pay personal expenses, and if so, budget as countable unearned income.
c. Information about Corporations and Limited Liability Companies registered in North Carolina may be found at the following website: www.secretary.state.nc.us/. You will need the name of the business to access. On the home page, scroll down and select the bulleted item, “Search by Corporate Name”. Enter the business name. When the next page is displayed, click on the business name to view the profile. Select “View Document Findings” to get more details.
1) C Corporation
This is the more common type of corporation. An a/b or financially responsible person who works for a corporation for a salary is not self-employed even if he is the primary stockholder in the corporation. Treat the salary as wages and treat the distribution of profits from ownership of the corporation’s stock as unearned income, unless profits are distributed as dividends.
2) S Corporation
Some small businesses incorporate as an S Corporation. This is a special tax status, which operates the same as a partnership in that the income is taxed at the individual level and there are no corporate taxes. The income is budgeted as self-employment and also includes any profit or loss of the corporation. Income from an S Corporation paid to a corporate director as fees is also budgeted as self-employment income.
3) Limited Liability Company (LLC) Also known as Limited Liability Corporation.
(a) Limited Liability Company is a legal form of a business structure with corporation and partnership qualities. Members are protected from liabilities for acts and debts of the company, and have the tax advantages of a partnership,
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(no double taxation). A Limited Liability Company uses IRS Form 1065 and Schedule E, unless it chooses to be taxed as a corporation using IRS Form 8832.
(b) Limited Liability Companies can elect to be taxed as a Sole Proprietor, Partnership, Corporation, or an S-Corporation, providing much flexibility. LLC’s can lose their tax advantage without the partnership structure. Treat income based on the Limited Liability Company’s election.
(c) Limited Liability Companies are organized with a document called the “Article of Organization” or the “Rules of Organization.” Additionally, it is common to have an operating agreement privately specified by the members. See website above for verifying information about an LLC.
E. Verification of Self-Employment Income/Operational Expenses
1. Attempt to verify self-employment income in the following order:
a. Use the federal income tax return from the most recent tax year or the most recent year’s quarterly income tax statements if available. Do not use tax return or quarterly tax statements unless at least some of the months included on the tax return or quarterly statements are included in the base period. This is true even if the a/b states there have been no change in his average earnings. If some of the months from the base period are represented in the tax document, you may project income from the tax documents for the entire base period if the a/b states there have been no change in the business earnings. Use another source for the months in the base period in which there has been a change in earnings.
Example: Mr. Roberts applies for Medicaid on 4/20/07. He has been self- employed as a car mechanic for the past five years. The base period for his self-employment income is 04/06-03/07. He provides his 2006 tax return documents to verify his income and states that there have been no changes in his income or expenses. The tax return from 2006 indicates yearly gross earnings of $36,000. The monthly average gross income for 04/06-03/07 is $3,000. His total allowable operational expenses from 2006 which were verified by receipts provided, total $5,100. Divide $5,100 (total yearly operational expenses) by 12 months. The average monthly operational expense is $450.00. Subtract the average monthly operational expenses from the average monthly gross income. $3,000 minus $450 equals $2,550.00. $2,550.00 is the monthly adjusted gross income to budget for the entire ongoing certification period.
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b. Business accounting records or statements from an outside accountant.
c. Ledger books or bookkeeping records, including those maintained by the a/b or an employee, either paper or in software programs such as Quicken.
d. Information from banks, Production Credit Associations, farm agents, suppliers, purchasers or customers of the business.
e. Signed allegation of self-employment if no other evidence can be obtained and the a/b has not been informed of the requirement to keep business records. Give the a/b the DHB-5043, Verification Form for Self- Employment Income and Expenses, and explain to a/b how to use the form. At the next application or review the a/b will be required to provide self-employment income records in order for eligibility to be established.
2. Base Period for Self-Employment Income – Applications and Recertification’s
The base period is the twelve months prior to the month of application or review. (Refer to a. above for using prior year tax return for base period) If a/b or financially responsible person has been self-employed less than twelve months, use income from all of the months since self-employment began. 3. Base Period for Self-Employment Income -Retroactive Medicaid Always use monthly income computed from the base period (not actual income) for a/b or financially responsible person who has self-employment income when determining eligibility for retroactive Medicaid.
4. Base Period for Operational Expenses
a. Verify operational expenses for the previous calendar year if using federal tax returns, or quarterly tax statements for base period.
b. Verify operational expenses for the twelve months or number of months individual has been self-employed prior to the application or recertification interview (same months as used for income base period).
c. Convert operational expenses to a monthly amount.
5. Allowable Operational Expenses
Only deduct operational expenses which have been verified as paid and business related.
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Allowable operational expenses include but are not limited to:
1) Taxes required to operate the business (only the percentage that can be claimed as a business expense),
2) License and permit fees,
3) Interest portion of mortgage (principal not allowed),
4) Rent payments,
5) Insurance on stock, personal and real property,
6) Labor costs and employee benefits such as Worker's Compensation and Social Security,
7) Maintenance of real and personal property,
8) Utility costs paid by the a/b,
9) Products required to operate the business,
10) Interest payments on loans for equipment, etc., necessary for producing the income,
11) Business related transportation costs.
12) Food costs of self-employed babysitters provided to children that they care for in the babysitter’s own home. Use a/b's records of food costs.
6. Verification of Operational Expenses
Attempt to verify operational expenses in the following order.
a. Most recent Federal income tax return/ previous year’s quarterly tax statements. The tax documents must show the itemized operational expenses being deducted.
Some operational expenses allowed for tax deductions are not allowable for self-employment budgeting for Medicaid. Do not allow depreciation as an operational expense.
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b. Business records such as ledger sheets, receipts files, accounting records, including those maintained regularly by the a/b or financially responsible person on paper or in software programs such as Quicken.
c. Information obtained from contact with suppliers, landlords, banks or purchasers of goods or services provided.
d. Signed allegation if no other evidence can be obtained and the a/b has not been informed of the requirement to keep business records. Give the a/b theDHB-5043, Verification Form for Self- Employment Income and Expenses, and explain to a/b how to use the form. At the next application or review the a/b will be required to provide self-employment/operational expense records in order for eligibility to be established.
7. Withdrawals for Personal Use
Be sure to ask about any cash or in-kind items the self-employed a/b or financially responsible person may have withdrawn from their business for personal use. These must not be allowed as part of the operational expenses.
When an a/b alleges (or you discover) that cash or in-kind items (e.g., food, fuel) are withdrawn from a business for personal use:
a. Ask if the withdrawals were properly accounted for. Were they deducted on tax returns or on business records in determining cost of goods sold? Accept a/b’s allegation that the cost of goods sold were deducted on his business records. If they were deducted, then they were properly accounted for.
b. If they were not deducted, ask the a/b to estimate the value. Deduct this amount from operational expenses. 8. Disagreements
If records disagree, attempt to resolve the difference. If unable to resolve, use records which verify the lower income amount.
9. Calculating Adjusted Gross Self-Employment Income
a. If the a/b states there has been no change in the business earnings in the past year, budget projected income from the base period.
(1) If using the prior year federal tax return document or most recent year’s quarterly tax statements, divide the total earnings from self- employment equally among the months in the tax period to
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determine the average monthly gross earnings from self- employment.
If not using a federal tax return or prior year’s quarterly tax statements, use a/b’s business records, bookkeeping records, or other verification to determine the average monthly gross income for the prior 12 months or number of months the individual has been self-employed.
(2) Subtract the allowable operational expenses paid in the months of the base period from gross income received in same months of the base period. Divide this amount by 12 or the total number of months the individual(s) was self-employed to determine the countable adjustable gross monthly income.
b. If the a/b states there has been a change in income and the method in a. above would not be accurate, apply the Gross-Net Ratio.
(1) Determine the ratio between the net profit and gross receipts for last year from a/b’s federal tax return or business records (i.e., net profit of $1,200 for $6,000 gross receipts or 20%).
(2) Determine the actual gross receipts for the current taxable year thus far from the a/b’s records and project it for the remainder of the year (i.e., $4,000 in current year's receipts for the first 6 months gives an assumed gross of $8,000 for the entire year).
(3) Apply the gross-net ratio (i.e., 20% of $8,000 is $1,600) to the gross receipts projected for the year to obtain an estimate of net profit.
(4) Prorate the net profit equally into the 12 months of the taxable year.
10. Projecting Partial Years Profit for Whole Year
When the B.U. is engaged in a new business, have the individual supply a profit and loss statement or other business records for the taxable year to date so a net profit can be derived. Project for the year and prorate to a monthly amount.
11. If the business is to be continued but no profit is realized due to circumstances beyond the control of the a/b. Do not consider the property value in resources.
a. Flag the case for review of income when the income begins again.
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b. Discuss with the a/b his plans for meeting living expenses. Determine what income is available from other sources.
12. Business being discontinued
a. Application Processing
Show as reserve the remaining portion of the current year's total available net business income.
b. During the Certification Period Include in reserve net proceeds still available from the dissolution of the business.
13. Net Loss from Self-Employment
A Medicaid individual, a member of a Medicaid couple, a Medicaid individual's ineligible spouse or one of two ineligible parents may incur a verified net loss during the tax year being used for base period income. Deduct the verified net loss from any other earned income in the budget, regardless of which individual incurred the loss.
a. Do not use the loss to offset other earned income until it can be accurately established (usually not prior to the close of a/b's taxable year).
Example: Mr. Tyler applies for Medicaid on 2/10/07. He has been self- employed for the past five years. He provides his federal tax return for tax year 2006. During 2006 Mr. Tyler had a net loss of $2,400. Divide his total yearly net loss by number of months in the tax year. Mr. Tyler’s average monthly net loss is $200. ($2,400 divided by 12) Mr. Tyler is married and his wife is employed. He provides her base period wages from January 2007. Her monthly gross wages for January are $750. The average monthly net loss of $200 is subtracted from his wife’s monthly gross wages, leaving $550 of countable gross income to budget.
b. Do not reduce total earnings below zero when deducting the net loss from other earnings.
c. Never subtract any amount of a net loss from unearned income.
F. Farm Income
Farm income is self-employment from production of crops or livestock. Income from a farm which is leased to another individual is counted as rental income.
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1. Base Period - Applications and Redeterminations
The base period is 12 months prior to the month of application or review, or number of months the a/b or financially responsible person has been a self- employed farmer.
a. If earnings have been fairly constant and change is not anticipated, estimate current annual income based upon the federal tax return filed for the most recent year or most recent year’s quarterly tax statements. If there are no tax records use business records for the previous 12 months to verify gross income. Subtract allowable operational expenses from gross income to determine the countable adjusted gross income.
b. If the a/b states there has not been a significant change, use gross-net ratio based upon prior year's earnings.
2. Base Period for Retroactive Medicaid
For farm income, always use monthly countable adjusted gross income computed from the base period (not actual income) when determining eligibility for retroactive Medicaid.
3. Consider all income received from the sale of farm products such as:
a. Crops,
b. Livestock such as beef, poultry, etc.,
c. Livestock products such as milk, eggs, etc.,
d. Proceeds from the Soil Bank,
e. Cash rent, or
f. Other sources of farm income such as insurance payments for damaged crops.
4. Base Period for Operational Expenses
a. Verify operational expenses for the previous calendar year if using federal tax return to determine income, or
b. When using prior year’s quarterly tax statements to verify earnings, use the same quarters when verifying operational expenses.
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c. Verify operational expenses for the twelve months prior to the application or recertification interview or number of months the a/b or financially responsible person has been self-employed.
d. Convert operational expenses to a monthly amount.
e. Only deduct expenses which have been paid and are business related.
5. Allowable operational expenses include but are not limited to:
a. Fertilizer, insecticides, seed, crop insurance,
b. Livestock maintenance,
c. Interest portion of mortgage (principal not allowed),
d. Rent payments,
e. Taxes on farm property or equipment,
f. Building and equipment maintenance/insurance,
g. Interest payments on debts or loans directly related to producing the income such as interest on loans for seed and fertilizer,
h. Labor, or
i. Verified costs of transportation related only to the farm operation.
6. Verification sources for income and operational expenses: Refer to Self-Employment in VII. above. 7. Disagreements
If records disagree, attempt to resolve the difference. If unable to resolve, use records which verify the lower amount.
8. Computation
a. If the a/b states there have been no change in the business earnings in the past year, budget projected income from the base period.
b. If a federal tax return or prior year’s quarterly tax statements are not available, use a/b’s business records to verify base period gross income.
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Subtract the total allowable operational expenses paid (use same base period as used for income) from gross income received in base period. Divide by 12 (or the number of months used in base period) to determine the countable adjusted gross monthly income.
c. If the a/b states there have been a change in income and the method in a. above would not be accurate, apply the Gross-Net Ratio.
(1) Determine the ratio between the net profit and gross receipts for last year from the a/b’s tax return or business records (i.e., net profit of $1,200 for $6,000 gross receipts or 20%).
(2) Determine the actual gross receipts for the current taxable year thus far from the a/b’s records and project it for the remainder of the year (i.e., $4,000 in current year's receipts for the first 6 months gives an assumed gross of $8,000 for the entire year).
(3) Apply the gross-net ratio (i.e., 20% of $8,000 is $1,600) to the gross receipts projected for the year to obtain an estimate of net profit.
(4) Prorate the net profit equally into the 12 months of the taxable year.
d. Projecting Partial Years Profit for Whole Year
When the B.U. is engaged in a new business, have the individual supply a profit and loss statement or other business records for the taxable year to date so a net profit can be derived. Project for the year and prorate to a monthly amount.
9. Farm Operation Being Discontinued
a. Application
When processing the application, show as a resource the remaining portion of the current year's total available adjusted gross business income.
b. During the Certification Period
Include in reserve net proceeds still available from the dissolution of the farm business.
G. Tobacco Transition Payment Program (Tobacco Buyout)
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1. Effective October 22, 2004, the Tobacco Transition Payment Program (TTPP) eliminated the tobacco quota or allotment system, calculating the value of lost quota and began providing compensation in the form of cash installment payments to both tobacco quota owners and tobacco quota growers. Eligible quota owners and quota growers who applied for the program receive annual installment payments over a 10-year period. Payments are distributed during the first few months of each calendar year.
2. In October 2005, after the first installment payment was made, tobacco quota owners/growers were permitted to enter into an assignment or successor-in- interest contract with an approved financial institution and receive cash payment in exchange for the balance of the annual installment payments.
3. Determine if the balance of the tobacco allotment contract can be sold to an approved financial institution for a lump sum cash payment. The list of approved financial institutions can be found at www.fsa.usda.gov.
a. Once the balance of the allotment contract is verified as salable to an approved financial institution for a lump sum payment, the total allotment contract amount is counted as a resource to the tobacco quota grower. Refer to MA-2230, Financial Resources.
b. When the balance of the allotment contract is verified as non-salable to an approved financial institution for a lump sum payment:
(1) The annual payments received by the tobacco quota grower (those who rent the land) are counted as annual self-employment income in each year of receipt.
(2) The annual payments received by the tobacco quota owner are counted as annual unearned income in each year of receipt. Refer to VIII. below.
c. When the balance of the allotment contract has been sold to an approved financial institution by a tobacco quota grower (those who rent the land), for a lump sum payment, the lump sum payment is counted as self- employment income in the transaction year.
4. The Commodity Credit Corporation, CCC-960, “Tobacco Transaction Payment Notification of Contract Approval and Appeal Rights” does not apply the maximum discount rate to contracts with family members, transfers upon death of a tobacco quota grower or owner, individuals who entered into an assignment or successor-in-interest contract prior to 10/22/2004, and one- year contracts made with “Tobacco Transaction Payment Notification of Approval and Appeal Rights” CCC approved financial institutions.
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5. For an assignment contract made with a third party in exchange for other property, the property obtained is a conversion of a resource in the month the contract is completed and becomes the new resource as of the first moment of the month following the assignment month. Refer to MA-2240, Transfer of Assets, as a sanction may apply.
6. Evaluate all assignment contracts made with other third parties for a potential transfer of asset. Refer to MA-2240, Transfer of Assets.
H. Supplemental Payments in Excess of State Maximum Rates for Foster Care Payments
Payments made to parent(s) or responsible adult(s) as foster parents that exceed the State maximum rates for Foster Care Payments must be budgeted as income. The foster parents cannot be employees of a childcare facility.
1. Verify and document all foster care payments received.
2. Subtract the state maximum rate for foster care board payments from total foster care payments received.
3. If there is any excess money remaining after subtracting the state maximum rate for foster care board payments, divide that excess amount by two to determine how much income to apply to the foster parents. Divide the excess amount by the number of foster children to determine how much income to deem to each child.
I. Supplemental Payments made to Child Care Workers from the Child Care Wages Project
1. The Child Care Wages Project provides education-based salary supplements to low paid teachers, directors and family childcare providers working with children between the ages of 0-5 years old. The Child Care Wages Project is offered statewide in North Carolina as a funding collaboration between local Smart Start Partnerships and the Division of Child Development. Currently, 63 North Carolina counties have chosen to participate in the Child Care Wages Project. The participating counties can be verified by accessing the Child Care Services Association website at www.childcareservices.org.
2. Each participant who meets the requirements for the Child Care Wages Project and remains eligible will receive a check from Child Care Services Association in the seventh month after the completion of his/her six-month commitment period.
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3. Once approved for the award, participants who remain in the same childcare program do not need to reapply in order to receive future installments. The salary supplement is earned income. Participants would receive an IRS-1099 form at the end of the year if they received $600 or more from Child Care Services Association during the calendar year.
4. The beneficiaries that are approved for the Child Care Wages Project will receive a letter stating their approval to participate in the project. The beneficiary should report this approval to participate as a change in income within ten calendar days of receipt of the approval letter. The case should be flagged to review in the month after the six-month commitment period ends. Earnings cannot be budgeted until the beneficiary receives the first supplemental check. Since this income is received after the time period it supplements, it can only be budgeted prospectively based on the amount of the first supplement received. The six-month supplemental payment is divided by six to determine the countable monthly income to budget. Refer to V. for budgeting procedures.
J. Royalties, (Also see VIII. FF. below)
1. Royalties include compensation paid to the owner for the use of property, usually copyrighted material (e.g., books, music, and art) or natural resources (e.g., minerals, oil, gravel or timber). Royalty compensation may be expressed as a percentage of receipts from using the property or as an amount per unit produced. Royalties are earned income when they are received:
a. As part of a trade or business, or
b. By an individual in connection with any publication of his/her work.
2. Verify that payments received meet the definition of royalty by examining the agreement between the parties involved or documents in the a/b or financially responsible person’s possession. Some documents concerning royalty payments will provide both a gross and a net payment amount. When the difference between the gross and the net figures is due to income taxes withheld or windfall profit tax deductions, use the gross figure when determining amount of income to budget. If the agreement or documents are unclear, unavailable, or informal, contact the company or source of the payment.
3. Include in the case record copies of documents and/or information provided by the payment source including the reason the royalty is being received, amount(s) including the type of tax(es) if any, which are being deducted, and the frequency of receipt of payments.
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VIII. COUNTABLE UNEARNED INCOME
A. General Information
Unearned income is all income that is not earned income (e.g., Social Security benefits, Veteran’s benefits, alimony and support, annuities, in-kind support and maintenance, rentals, etc.)
1. Explore potential benefits for each B.U. member at each application/ recertification. Document discussion in the case record. If it appears there is a potential for benefits even though a/b denies receipt, explore the possibility.
2. Count benefits to which the a/b is entitled if he has waived, renounced, or delayed receipt and the amount of entitlement can be verified. If entitlement cannot be verified, refer to MA-2300, Applications, Verification Requirements for Applications.
3. In determining eligibility in a Private Living Arrangement, and in step one of Long-term Care budgeting, if a benefit amount is reduced to recoup an overpayment, verify and use the entitlement benefit to which the client is entitled.
In step two of LTC budgeting, count the benefit amount the a/b is actually receiving after the recoupment of an overpayment.
4. Benefits are not available for a child when the representative payee other than the caretaker refuses to use them for the child's needs.
a. Notify the Social Security office or other agency immediately so that a change of payee may be made.
b. Flag the case for review in one month. A change of payee action should not take more than one or two months.
B. RSDI Benefits
1. At application and review, explore potential benefits for each B.U. member. The potential depends on the situation of children as well as the work history of parents or specified relatives. Even if the a/b denies that anyone receives the benefit, explore the possibility. The a/b is required to apply for all benefits to which he is entitled.
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2. RSDI benefits increase each January based on the increase in cost-of-living.
3. Persons who lost SSI eligibility due to receipt of Social Security may be entitled to have part or all of their Social Security benefits excluded when determining their Medicaid eligibility. This is called “passalong.” When an individual is ineligible for Medicaid based on RSDI benefits or an increase in RSDI benefits, refer to MA-2110, Passalong, to evaluate for passalong eligibility.
a. Eligibility may be based on:
1) Disability
2) Disabled workers under 65 and certain members of their families.
3) Persons who become disabled before reaching age 22 if an insured parent or a grandparent under certain circumstances dies or becomes entitled to retirement or disability benefits.
4) Disabled widows and widowers 50 or older if the disability began no later than 7 years after the death of an insured spouse or within 7 years after the end of the widow's entitlement to benefits as a parent caring for his children.0
b. Dependency or survivorship
The dependents and survivors of disabled, dead or retired individuals who may be eligible for benefits include:
1) Unmarried children under 18 or up to age 19 if they are enrolled full-time in high school.
2) Unmarried sons and daughters 18 or over who were disabled before they reached 22 and who continue to be disabled.
A wife under 65 or widow/widower under 62 who is caring for a child that is under 16 or disabled and is entitled to benefits.
3) A wife 62 or widow 60 or older or a disabled widow 50 or over, even if there are no children entitled to payments.
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4) A dependent husband 65 or over or widower 60 or over; or a disabled dependent widower 50 or over.
5) Surviving dependent parents 62 or over.
6) A worker's grandchildren if natural parents are disabled or dead and if the grandchildren are living with and are supported by the grandparent.
7) Step-children who have lived with a stepparent for 9 months or more.
4. Verification sources
You may use the Medicare card to help establish the Social Security claim number.
a. State Online Query (SOLQ) screen 4 lists as monthly benefit credited.
b. Third Party Query (TPQY). Refer to MA-2440, Automated SOLQ Procedures.
c. On-line Bendex listing. Bendex lists the entitlement amount less the Part B premium if not bought in.
1) If the a/b is on the Buy-in (SMI Premium payer = 340), use the Bendex amount.
2) If the a/b is not on Buy-in, (SMI - Premium payer = SELF), add the Medicare B premium amount to RSDI check amount to arrive at the RSDI entitlement amount. Use this amount to determine eligibility.
d. Award letter. However, SOLQ is preferable as benefits may have increased subsequent to the award letter.
e. Send an SSA-1610, Social Security - Public Assistance Agency Information Request and Report to your local SSA district office. Permission is not required to make this inquiry. Use as a last resort.
5. Except for 6. below, counts the monthly RSDI entitlement amount for each budget unit member when:
a. The benefit amount is reduced to recoup an overpayment, or
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b. The a/b is not yet on the State Buy-in.
Note: The a/b can file a hardship case with SSA to request waiving or lowering a recoupment amount. Also, until the month the a/b is eligible to be added to the State Medicare Buy-In, count the Medicare premium toward deductible expenses or as an unmet medical need.
6. Count the gross amount of the RSDI benefit before any deductions for Medicare premiums, garnishment or seizure have been made in Step II of long-term care budgeting.
7. Count the RSDI amount actually received in step two of LTC budgeting when payment has been reduced due to a previous overpayment.
C. Supplemental Security Income (SSI)
SSI is only countable income to a beneficiary who is budgeted as long-term care.
1. Only count the $30 SSI maintenance payments made to a/b’s in long-term care, regardless of the amount of the SSI payment.
2. Verification sources.
a. On-line SDX listing. The SDX reflects the benefit amount of the current month.
b. Third Party Query (TPQY).
b. Award letter. However, TPQY is preferable as benefits may have increased subsequent to the award letter.
d. SSA-1610, Social Security - Public Assistance Information Request and Report. Send to SSA district office.
e. Copy of the check.
D. Veteran's Benefits At application and review, explore potential benefits for each budget unit member. Even if the a/b denies that anyone receives the benefit, explore the possibility. Refer to https://www.milvets.nc.gov and click on Benefits & Service tab to locate information regarding types of VA benefits and requirements for pension and compensation. To locate Veterans Service Officers in your county https://files.nc.gov/ncdmva/documents/files/DMVA_Resource_Guide- 2020.pdf#page=10 .
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The veteran or survivor must file an application with the VA to establish or apply for entitlement amounts to increased benefits (improved pension, aid and attendance, or homebound rating). VA benefits increase at different times based on the increase in cost-of-living.
1. Potential eligible include:
a. Disabled individuals with disabilities incurred or aggravated by military service and the spouse or dependents of such individuals.
b. Permanently and totally disabled veterans including veterans age 65 or older who have sufficient wartime service. The surviving spouse may be eligible for pension also.
c. Surviving spouse and dependent children of veterans who die in service or who died of a service connected disability.
d. Parents of a veteran who died in service or of a service connected disability when the veteran has no other surviving dependents.
2. Appointment of NC Department of Military and Veteran’s Affair as a/b’s representative The North Carolina Department of Military and Veteran’s Affair assists veterans and their families in obtaining Veteran’s Benefits. The department is working with Division of Health Benefits (DHB) to make sure all a/b’s and financially responsible individuals receive the maximum veteran’s benefits to which they are entitled. In order to aid this task, NC Department of Military and Veteran’s Affair may be appointed as a “Claimant’s Representative” by the veteran or family member signing VA form 21-22, Appointment of Veterans Service Organization as Claimant’s Representative.
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Take the following actions:
a. Obtain a copy of VA form 21-22, Appointment of Veterans Service Organization as Claimant’s Representative from the VA website: http://www.vba.va.gov/pubs/forms/VBA-21-22-ARE.pdf) and fill in the following blocks:
1) In block 1, writer the name of veteran (individual who served in the military).
2) In block 2, write the VA file number (if available)
3) In block 3A, write “North Carolina Division of Veterans Affairs”
4) In block 3B, write “Veterans Service Officer”
5) In block 4, write the Social Security Number of the veteran
6) In block 7, write the name of the claimant (Medicaid budget unit member eligible for VA benefit – can be veteran, or spouse, parent or child of veteran).
7) In block 8, write the address of the claimant (Medicaid budget unit member eligible for VA benefit -- can be veteran, or spouse, parent or child of veteran).
8) In block 12, write the date of the appointment (must be the same as the date signed in block 16)
9) Have the a/b sign in block 15. VA will not accept the signature of a POA. If the a/b is incapable of signing, the a/b’s “X” is acceptable if witnessed by any two individuals. The witnesses must sign their names next to the “X.”
10) In block 16, write the date signed (must be the same as the date of appointment in block 12)
b. Contact a/b’s identified as being potentially eligible for veteran’s benefits (see D.1. above) using DHB-5026, Notice of Obligation to Apply for Veteran’s Benefits, and VA form 21-22, Appointment Veterans Service Organization as Claimant’s Representative. The DHB-5026 informs the a/b that he must either sign VA form 21-22 or provide proof that he has applied for veteran’s benefits 12 days.
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c. If the a/b chooses to sign the VA 21-22, Appointment of Veterans Service Organization as Claimant’s Representative, fax the signed form to the DVA District Service Officer identified in 2d. below.
d. Determine the appropriate DVA District Service Officer.
Go to the NCDVA web site www.milvets.nc.gov/benefits-services/benefits- claims
3. Verification
a. VA Verification
Fax the DHB-5027, Veteran’s Benefits Verification letter. Requests must include:
1) VA Claimant’s full name (Medicaid Budget Unit Member Eligible for VA Benefit), and
2) VA claim number or veteran’s Social Security number; or
3) If VA claim number and Veteran’s Social Security number are not available, submit the following:
(a) Veteran's name and military service number. The veteran's military service number may be verified by the local VA service office, or
(b) Veteran's date of birth.
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b. Other verification methods (the following methods of verification may not give an accurate picture of countable income)
1) Award letter (a general increase may have occurred since the date of the award letter),
Or
2) Current check (may not show total countable amount).
4. Budgeting
a. Count the monthly VA benefit entitlement for the budget unit member unless:
1) The a/b is a student who is receiving VA benefits to pay for tuition, fees, or other necessary educational expenses;
2) The VA payment is Aid and Attendance; this does not apply to veterans who reside in a North Carolina State Veterans Nursing Home. Refer to MA-2270, Long-term Care Need and Budgeting; or
3) The VA payment is based upon continued Unreimbursed Medical Expenses. Do not count the amount of the payment that is due to Unreimbursed Medical Expenses (UME); this does not apply to veterans who reside in a North Carolina State Veterans Nursing Home. Refer to MA-2270, Long-term Care Need and Budgeting; or
4) The VA payment is the Reduced Improved Pension up to $90 received under P.L. 102-568.
b. Aid and Attendance (A&A)
1) Aid and Attendance benefits are only issued to veterans or the spouse of veterans. The Adult Helpless Child allowance is not the same as Aid and Attendance and is countable unearned income.
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2) Need for aid and attendance is considered to exist when the veteran is so nearly helpless that he cannot care for himself without the services of another person. VA beneficiaries who receive aid and attendance are entitled to higher VA income limitations or additional VA benefits, depending on the type of pension received. Aid and attendance can be received by:
(a) A VA beneficiary who is a patient in a nursing home, who is otherwise determined by VA to be in need of the regular aid and attendance of another person; or
(b) A VA beneficiary who is permanently housebound (unable to leave his home) due to his condition, who is otherwise determined by VA to be in need of the regular aid and attendance of another person.
c. Unreimbursed Medical Expenses (UME)
Reimbursement from VA for medical bills that the veteran has paid. This can be a lump-sum payment or included in monthly benefits.
d. Reduced Improved Pension
An institutionalized veteran or a surviving spouse of a veteran may choose to have his Improved Pension reduced to $90 or less under P.L. 102-568.
e. Contact VA to verify amounts for A&A, UME, educational benefits, and Reduced Improved Pension. You may contact the school directly for educational benefits.
1) Exclude the amount for A&A and/or UME, educational benefits, and/or Reduced Improved Pension from VA benefits in both private living and long-term care budgeting except for veterans who reside in North Carolina State Veterans Nursing Homes. Refer to MA-2270, Long-term Care Need and Budgeting.
2) Veterans may receive A&A, UME, and/or Reduced Improved Pension included in their pension checks. Remember to determine amount and exclude from countable income.
5. Contact VA to verify the type of VA benefit received. Remember that the VA benefit is subject to change, so re-verify the benefit amount at every application and recertification
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a. Pension: DO NOT DEEM VA PENSION IN PLA BUDGETING (Refer to MA-2260, Financial Eligibility Requirements-Private Living Arrangement). Veterans Pension, except Reduced Improved Pension, is countable unearned income to the individual in either PLA or LTC.
1) In PLA budgeting, do not give the $20.00 general exclusion to an individual who has VA pension unless he has other sources of income (e.g., Social Security).
2) In Step II of long-term care budgeting do not give the $20.00 general exclusion to any unearned income. Allow only a personal needs allowance (PNA). (Refer to MA-2270, Long-term Care Need and Budgeting for PNA).
b. Compensation: Countable unearned income to the individual. (The $20 general exclusion may be applied).
If the a/b is a veteran receiving compensation because his disability is service-connected, his VA payment will be based on his percentage of disability. An individual who is in a nursing home is considered to have a 100% disability. (An individual can be classified as disabled with as little as a 10% disability. Therefore, disability determination by VA does not meet disability requirements for Medicaid purposes). Compensation to a disabled veteran is not reduced by other income.
c. Parent Disability and Indemnity Compensation, DIC:
1) Countable unearned income to the parent. The $20 general exclusion may be applied.
2) If a/b’s adult child died in service or died of a service-connected disability, the a/b may be eligible for Disability and Indemnity Compensation (DIC). The amount of the VA payment may be reduced by his other income if he is in a private living arrangement. However, if he is in a nursing home, he should be eligible for the maximum payment.
d. Surviving Dependent DIC:
1) Countable unearned income to the individual. (The $20 general exclusion may be applied)
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2) If the a/b is the surviving spouse of a veteran who died in service or died of a service-connected disability, the VA benefit amount will be based on the veteran's rank at the time of death or discharge. (Disability Indemnity Compensation to a surviving spouse or child is not reduced by other income.) E. Railroad Retirement Benefits At application and review, explore potential benefits for each budget unit member. Even if the a/b denies that anyone receives the benefit, explore the possibility. The potential for Railroad Retirement Benefits is based on the railroad work history. If the a/b denies receipt of benefits but his Social Security number begins with a 7, he may have been employed by the railroad. Railroad Retirement Benefits (RRB) information may be requested by letter. Provide the applicant's name and social security number or railroad retirement claim number Mail written requests to: Quorum Business Park 7508 E. Independence Blvd., Suite 120 Charlotte, NC 28228-9409 Telephone (877) 772-5772 Fax (704) 344-6429 The a/b or financially responsible person may also access the Railroad Retirement Benefits information from the website at: www.rrb.gov. 1. Verification sources a. Use the award letter. However, a general increase may have occurred since the date of the award letter. b. Examine a current check. c. The client's Railroad Retirement (RRB) suspension notice is verification of suspended payments. 2. Count the gross monthly Railroad Retirement benefit for each budget unit member. 4. Benefits increased because of a dependent child are income to the RR beneficiary, not the child.
5. Survivor benefits paid to or for a child is income to the child.
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F. Annuities, Pensions and Retirement Benefits
At application and review, explore potential benefits for each budget unit member. Annuities are paid yearly or at specified intervals. They may be purchased from an insurance company or by an employer for services rendered.
Explore the work history of the adults in the B.U. regarding pensions paid by a former employer, insurance company, or other public/private agency.
If receipt of benefits is denied but there is a record of several years’ service in a particular organization and retirement in the past six months, contact the employer to determine benefit potential. Benefits also may be provided by a labor union or a fraternal organization.
1. Verification sources
a. Annuities
Contact the insurance company or employer.
b. Pensions
Contact the payer of the benefit.
c. Retirement
1) Contact the payer of the benefit.
2) For a retired employee receiving U.S. Civil Service or Federal Employee Retirement System payments because of disability, retirement, or death, do not use a check alone to verify the amount of the payment, because the check is not reliable evidence of the gross amount. Use notices or other documents in the a/b’s possession, or contact the Office of Personnel Management toll free at (888) 767-6738 or send written inquiries to:
Office of Personnel Management Retirement Operations Center PO Box 45 Boyers, PA 16017
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2. Count the gross entitlement amount as income to the entitled retiree or individual survivor, even when additional monies for other family members are included in the payment.
G. Worker's Compensation
Definition - Benefits resulting from loss of employment due to injury on the job.
At application and review, explore potential benefits for each budget unit member. If receipt of Worker's Compensation is denied but disability/incapacitation occurred during employment, contact the employer to determine eligibility for Worker's Compensation.
1. Verification sources
a. Contact the employer.
b. Current check.
c. Award letter. However, an increase may have occurred since the date of the award letter.
2. The countable amount is the gross amount less expenses incurred in obtaining the income or which are necessary for entitlement (such as attorney fees, court costs, filing fees, birth or death certificate fees, and medical fees for exams). You may accept applicant's statement of expenses.
Example: Jessie Snow received a Worker's Compensation award of $3,250. However, in pursuing her claim, she incurred $100 in medical fees and $900 in attorney fees. Deduct the total amount of the legal and medical fees from the $3,250 that is awarded to Ms. Snow. The balance of $2,250 is the amount of her Worker's Compensation income that is countable.
Do not deduct expenses if they have already been taken out of the Worker's Compensation award received by the individual.
3. Count as a lump sum if benefits are received as a one-time payment.
4. If benefits will be received on a weekly/monthly basis count the monthly amount received:
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a. If expenses have not previously been deducted, convert the expenses to a monthly amount based upon the anticipated number of weeks/months of Worker's Compensation.
b. Deduct expenses from the monthly benefit amount to obtain monthly countable income. H. Unemployment Insurance Benefits (UIB) When determining potential UIB eligibility, the local agency must use the current wage data in OVS or the last 12 months (four quarters) and meet the monetary determination criteria:
1. The beneficiary must meet the minimum 12-month base period requirement. 2. The minimum base period wage requirement is currently $6,841.44 and is revised August 1st of year.
The beneficiary may file a claim by using one of the following methods:
1. Register online at des.nc.gov ; or 2. Register by calling the DES Customer Call Center at 888-737-0259; or 3. Register in person at the local NC Works Career Center.
The local agency must send a DHB-5097/DHB-5097S, Request for Information, to request the NC CLM 550, Wage Transcript and Monetary Determination form, and allowing the beneficiary 12 calendar days to provide the information. This form may be used to verify the file claim.
1. The form will be available for access on the individual’s Claimant Self Service Portal no later than the next business day after the claim is filed. 2. Claimants, who elect to receive correspondence from Division of Employment Security (DES) electronically, will receive an email alert indicating that the form is available to view. 3. Claimants, who elect to receive correspondence through regular postal mail, the form will be mailed to the address provided on the next business day after the claim is filed as well as being available on their Claimant Self Service Portal.
If requested information is not received, send a timely notice proposing termination for failure to provide necessary information.
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I. Private Disability or Unemployment Benefits
1. Definition - Benefits paid by private insurance plans for persons incapacitated/unemployed.
2. At application and review, explore the potential benefits for each budget unit member. If receipt of benefits is denied, but the a/b is disabled and has a history of employment, contact the employer to determine benefit potential/amount and duration.
a. Verification sources:
1) Contact the payer of the benefit.
2) Current check or award letter. However, an increase may have occurred since the date of the letter.
b. Count the gross monthly benefit amount received by each budget unit member.
J. Sick Pay
Payment made to an employee by an employer or a private third party for sickness or accident disability.
1. Count any payments for sickness and accident disability which continues for more than 6 months after work stopped because of sickness or disability, or sick pay which is paid from the employee's own contributions.
2. Payments during the first 6 months are earned income unless paid from the employee's own contributions.
3. Verification sources
a. Contact the employer.
b. Current check.
4. Count the gross monthly amount of sick pay for each budget unit member.
K. Trade Readjustment Benefits
Definition - Benefits for persons who have lost their job because of imports and the federal government has approved their petition for assistance. Persons can only
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receive this assistance after other unemployment sources have been exhausted. These benefits are not shown on the ESC/UI inquiry.
At application and review, explore the potential benefits for each budget unit member.
1. Verification sources
a. Contact ESC.
b. Current check.
c. Award letter. However, an increase may have occurred since the date of the letter.
2. Count the gross monthly Trade Readjustment Benefit for each budget unit member.
L. Work Release Funds
1. Definition - Funds to dependents from a prisoner employed under the Department of Correction Work Release Program.
2. At application and review, explore the potential benefits for each budget unit member, particularly if a child’s parent is in prison.
a. Verification sources
1) Check county department of social services' records.
2) On-line Department of Correction inquiry.
b. Count the gross amount of work release for each budget unit member. If some dependents are not budget unit members, divide the amount of the check equally between the dependents, (i.e. assign a share to each dependent).
3. Use the NC FAST System to notify the child support enforcement staff (IV-D) that the assistance unit is receiving work release funds. Any court order for support has to be amended due to work release funds. If there was no court order, the local child support staff may find it appropriate to pursue court action.
4. Upon receipt of a DC-190, Work Release Action Form, the county director must designate who is responsible for contacting a prisoner's dependents
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whether known to the agency or not to determine their needs. The designee must contact the prisoner's dependents.
a. The prisoner's dependents may include:
1) Spouse,
2) Dependent children,
3) Parents of the prisoner,
4) Parents of the prisoner's spouse,
5) Other relatives for whom the prisoner has assumed responsibility in the past.
b. Report to prison officials any legal dependents not previously acknowledged. Do not consider as dependents:
1) Remarried spouses, or
2) The parent of the dependent children if the parents were never married.
c. Determine the dependent's need for work release funds. Disregard any other income or resources available to the dependents.
To determine the needs:
1) Use the amount for monthly needs specified below for the number of dependents, and
2) Add to this number for the dependents monthly payments on health and life insurance, medical expenses not covered by Medicaid, school lunches, expenses for college, vocational or technical courses not being met by loans, scholarships, grants, etc.
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Number of Dependents Monthly Needs 1 $362 2 472 3 544 4 594 5 648 6 698 7 746 8 772 9 812 10 860 11 896 12 946 13 992 14 1,042 For each additional dependent, add: $50
3) Notify the Department of Correction within 2 weeks.
4) Return two DSS-1664's with a copy of the court order if there is a valid order which indicates a specific amount to be paid for the support of some of the dependents claimed by the prisoner. Failure to return the court order can delay payment.
5) Return one DSS-1664 with a copy of the court order if the order specifies support is to be paid through the county.
M. Income from Trust Funds
At application and review, explore the potential benefits for each budget unit member.
1. Verification sources
a. Examine the trust fund documents.
b. Contact the executor or administrator of the trust fund. This may be:
1) A family relative,
2) The Clerk of Court,
3) A lawyer, or
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4) The trust department of a local bank.
c. Contact the lawyer who handled the legal aspects of the trust funds.
d. Contact the local office of the Internal Revenue Service as all trust funds must be reported. A signed release statement is required.
2. Refer to MA-2230, Financial Resources, for guidelines for evaluating trusts for income and resources.
3. Count the income from trusts received by Medicaid a/b or financially responsible person.
N. Educational Loans, Grants and Scholarships
1. If a budget unit member receives any educational loans, grants, or scholarships administered by any source other than under the Higher Education Act of 1965 (HEA) or Bureau of Indian Affairs, (BIA) and an amount is designated for room and board expenses (maintenance), count this designated amount as unearned income. These items may be listed as "Living Costs" on the document.
2. Any portion of educational assistance that is not used to pay current tuition, fees or other necessary educational expenses, but will be used for paying this type of educational expense at a future date is excluded from income. Exclude from resources for 9 months beginning the month after the month it was received. See MA-2230 Financial Resources. (This applies to undergraduate as well as graduate students).
3. Verification source - Contact the provider in writing or by telephone.
a. Verify if the assistance is received yearly or on a basis other than yearly.
4. Determine how much of the educational grant, loan, or scholarship to budget.
a. If the educational loan, grant, or scholarship (other than HEA or BIA) is received on a yearly basis:
1) Subtract the allowable yearly expenses of tuition, books, fees, equipment, special clothing needs, required school insurance, and childcare services necessary for school attendance.
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2) Determine if the remainder will be used for future educational expenses and if so, it is excluded income. If not, count as unearned income.
b. If the educational loan, grant, or scholarship (other than HEA or BIA) is received on a basis other than yearly:
1) Subtract the allowable expenses of tuition, books, fees, equipment, special clothing needs, required school insurance and childcare services necessary for school attendance for the same number of months the loan, grant, or scholarship covers.
2) Determine if the remainder will be used for future educational expenses and if so, it is excluded income. If not, divide the remainder by the number of months it is intended to cover to determine a monthly amount. Use this amount as countable monthly unearned income.
c. If the a/b or financially responsible person receives financial educational assistance under HEA or BIA and another form of educational grant, loan or scholarship, subtract the allowable educational expenses from the other educational assistance prior to subtracting from assistance received under HEA or BIA.
O. Brown Lung Benefits
Definition - Payments made to persons disabled by lung disease resulting from exposure to raw cotton dust.
1. At application and review, explore potential benefits for each budget unit member. If there has been textile work explore the possibility, particularly if lung ailments exist. Count the gross benefit for each budget unit member.
2. Verification sources
a. Contact the Industrial Commission, Department of Economic and Community Development. The Commission is housed in the Department of Commerce at 430 N. Salisbury Street, Raleigh, N.C. 27611. Include a/b’s file number, name of former employer, and the date of the accident. Attach a signed consent for release of information.
b. Award letter. However, an increase may have occurred since the date of the letter.
c. Current check.
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P. Black Lung Benefits
Definition - Payments to a disabled worker, dependents, or survivors, usually as the result of working in a coal mine. At application and review, explore potential benefits for each budget unit member. If there has been coal mining work and the a/b has a lung ailment explore the possibility. 1. Verification sources a. Contact the U.S. Department of Labor, Black Lung District Office, 500 Springdale Plaza, Spring St., Mt. Sterling, Kentucky, 40353 for checks dated the 15th of the month. Attach a signed consent for release of information, or
b. Current check.
c. Award letter. However, an increase may have occurred since the date of the award letter.
2. Count the gross amount of monthly Black Lung Benefits for each budget unit member.
Q. Military Allotments
Benefits received by dependents of military personnel. Explore benefits if the spouse/parent of the a/b is in the military.
1. Verification sources: Attach a signed, valid consent form for release of information. a. Copy of the check or a current bank statement showing a direct deposit. b. Award letter. However, an increase may have occurred since the date of the letter. c. The a/b or financially responsible person may also, while still in the office and by using the public computers, if available, access the military allotment pay table and a copy of the service members Leave and Earnings statements from the website at, http://www.dfas.mil by clicking on “myPay,” "Military Pay Tables” or other appropriate links on this site depending on the information needed.
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To access immediate allotment information by computer or by telephone, to request a mailed allotment statement, the a/b or financially responsible person would need his password and the following information: 1) The allotment amount. 2) The social security number of the active/retired service member. 3) The six or nine-digit financial institution company code where the allotment is direct deposited or the address where the allotment is being mailed.
d. The military allotment verification contact telephone number for a member in the Army Reserves is 1-888-276-9472 For the Army National Guard, the number is 1-888-332-7411. The a/b or financially responsible person may call to request a copy of a military allotment. The county caseworker may call for a current address to submit allotment verification requests. Attach a signed valid consent form for release of information
e. Caseworkers may contact the military payment information center for current addresses by calling 1-888-332-7411.
R. Lump Sum Payment Definition - A one-time payment, not expected to recur, that is received by a member of the budget unit. This includes personal injury awards. It does not include the receipt of earned income received on a yearly basis such as farm or rental income. 1. Count a lump sum payment as income when:
a. Payment was received in a month included in a request for retroactive coverage for medical expenses. b. Payment was received in the month of application for ongoing coverage or in any month prior to approval of the case. c. Payment was received prior to authorization of a case in deductible status. 2. Do not count a lump sum as income when: a. It is paid directly to another person outside the budget unit. b. The payment is for past months' benefits from SSI or RSDI. Disregard these as income. (Refer to MA-2230, Financial Resources) • Payment was received as compensation for loss of assets or a lump sum was earmarked for a specific purpose. For example, the a/b
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receives an insurance settlement to replace a motor vehicle, a home, or for other catastrophic events.
3. Verification sources
a. Provider of benefit.
b. Copy of check.
c. Award letter.
4. Applications
a. Retroactive Period
Count the lump sum payment as income for the retroactive certification period during which it is received.
b. Prospective Period
Calculate the deductible when the lump sum is received at any time during the application process:
1) Upon receipt of the lump sum, add the lump sum to the other countable income.
2) Use this total income to determine a deductible for the assistance unit.
5. Ongoing Cases
While a lump sum payment would be income for an authorized case in the month of receipt, benefits received prior to receipt of a lump sum payment cannot be reduced. Therefore, treat lump sum payments to authorized cases as reserve in the month following receipt. Refer to MA-2230, Financial Resources.
S. Child Support and Alimony
Child support is a payment made by a child’s absent parent which is available to meet the child’s basic needs. It may be paid voluntarily, under a court order or enforced in compliance with a State agreement under title IV-D.
1. Child Support
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a. Child support paid for a child by an absent parent is income to the child. (See VIII. S. 2 below for arrearages paid for a child over age 18). 1) Exclude one-third of the child support received by an ABD Medicaid child, or 2) Exclude one-third of the value of child support received as in-kind support and maintenance. b. If a financially responsible person makes court ordered or IV-D child support payments to a child outside of the home, exclude these payments from the deeming process. c. Do not exclude the amount of support payments made to a child outside the home when determining countable income for the non-custodial parent who is the a/b.
2. Child Support Arrearages Paid for A Child Over Age 18
Child Support arrearages paid for a child over age 18 is income to the custodial parent/relative/guardian.
3. Alimony
Alimony is a court-ordered payment by a spouse (or former spouse) received by an a/b, or financially responsible person.
a. The entire amount of alimony received is countable unearned income to an a/b and is also countable for deeming purposes if received by a financially responsible person.
b. Do not exclude the amount of alimony paid out from income. 4. Base Period a. Applications The base period is the 6 calendar months prior to the month of application or number of months receiving if less than 6 calendar months. Use income from base period (not actual) when determining eligibility for retroactive Medicaid benefits.
b. Recertification’s
The base period is the:
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1) The base period is the 6 calendar months prior to the month of recertification.
2) If a/b or financially responsible person has been receiving the benefit for less than 6 months, use the number of months receiving.
5. Verification sources
a. Clerk of Court (if the caretaker receives the support from that office).
b. Access verification through the Online Verification System (OLV) or the Child Support Automated Collection and Tracking System (ACTS).
c. Signed statement from spouse or ex-spouse when the caretaker receives the support directly from him.
• Provisions of the separation agreement/divorce decree.
6. Disagreements If a/b’s statement and the available records disagree, try to resolve the difference. If you are unable to resolve the difference, use the lower amount. 7. Count as support any income received from a spouse. This includes money sent through the State Child Support Enforcement Section in the base period month. 8. Verify the support for six months. 9. If support began/changed in the past 6-month period, project an average based upon the number of months available. T. Loans and Promissory Notes
Money received by the a/b as a repayment for a loan is countable unearned income. 1. When the loan is an excluded resource to the a/b or financially responsible person, count as unearned income the payments received by the a/b. 2. When the loan is a countable resource to the a/b or financially responsible person, do not count payments received as income. 3. Money received as a loan (other than educational loans) by the a/b is not countable income if there is an agreed upon timetable and plan for repayment. Refer to MA-2230, Financial Resources. Obtain a written statement from the parties involved if there is no formal loan agreement.
U. Deemed Income from Institutionalized Spouse
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1. Count income deemed from an institutionalized spouse to the a/b who is the community spouse. 2. Count income deemed from an institutionalized spouse to the a/b who is a dependent family member.
V. Living Needs Benefits A living needs benefit is a provision that allows a terminally ill person (or in some cases, individuals permanently confined to a medical institution) to receive all or part of the proceeds of his life insurance policy while living. Depending on circumstances, these payments can be received either as a lump sum or on an ongoing basis.
1. If an a/b has a life insurance policy which allows him to receive his death benefit while living and he meets the insurance company's requirements for receiving the proceeds, they will not be required to file for such proceeds. 2. If an a/b does file for and receive the proceeds, count the payment as income in the month received. Any portion remaining in the following month will be considered an available resource. 3. If payment is received on an ongoing basis, verify the amount and count as a monthly benefit. 4. If payment is received as a lump sum: a. If received in the base period month, disregard as income for the prospective period. b. If received in the month of application, prior to approval of the case, or prior to authorization of a case in deductible status, count as income. c. Count the actual amount of payment if received in a month in which there is a request for retroactive coverage. d. If received in a month after applicant is authorized, do not count as income. Any portion remaining in the month following receipt is a countable resource. 5. Verification source – Contact the insurance company who is administering the policy.
W. Rental Income
Rental payment which an a/b receives for the use of real or personal property, such as land, housing or machinery is counted as unearned income to the a/b.
1. How to Count Rental Income
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a. Unearned Income
Count rental income as unearned income if the a/b rents property, machinery, rooms, etc. and rental is not done as a business.
b. Earned Income
Count rental income as self-employment if the a/b has a property rental business, rental service, etc.
2. Determination of Net Rental Income
Adjusted gross rental income is gross rent less allowable operational expenses paid in the base period. Use adjusted gross rental income in the 6% test when determining if property is income producing for reserve purposes. Refer to MA-2230, Financial Resources.
3. Verification Sources of Rental Income and Operational Expenses
a. A/B’s business records.
b. A/B’s IRS tax statement.
c. Renter's statements or receipts. Obtain a signed rental statement at application and every recertification.
d. Information available from the banks or real estate agents.
4. Base Period for Rental Income Received other than Monthly
Use the following base period for computing rental income received other than monthly:
a. Applications
1) The base period is the prior calendar year's income as listed on tax records or up to 12 months income from current business records prior to the month of application or review if there are no tax records.
2) Number of months operating the business or rental property if less than 12 calendar months.
b. Retroactive Medicaid
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Always use monthly income computed from the base period (not actual income) when determining eligibility for retroactive Medicaid.
c. Redeterminations
1) The base period is the prior year's income as listed on tax records, or up to 12 months income from current business records prior to the month of interview or review if there are no tax records, or
2) 12 calendar months which must end with the first month of the subsequent certification period, or
3) If the number of months is less than 12 use the actual number of months the beneficiary has been in business.
5. Base Period for Rental Income Received Monthly
The base period for regular monthly rental income is the calendar month prior to the month of application or review.
6. Determining Net Rental Income
a. Determine net rental income for each parcel of real property that is identified by the local tax office as being a separate parcel. Calculate net countable monthly income for each parcel. Then combine to arrive at total net countable monthly income.
If property is listed as one parcel, combine all income and operational expenses from different income producing activities into one net rental income for that parcel.
b. Determine the net annual rental income amount produced by the rental property. DO NOT ROUND ANY AMOUNTS!
1) Calculate gross annual rental income:
(a) If receiving the same amount monthly, then multiply this amount by 12 months (i.e., monthly amount X 12 months = gross annual rental income).
(b) If receiving other than monthly, then multiply this amount by the number of times received in a 12-month period (i.e., If received quarterly, multiply by 4 quarters = gross annual rental income).
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2) Calculate gross annual allowable operational expenses. (a) Deduct predictable expenses paid by the a/b which are necessary for the production or collection of rental income. These expenses include but are not limited to the following:
1) The interest portion of a mortgage payment, 2) Property taxes, 3) Insurance, 4) Maintenance, 5) Utility costs paid by the a/b, 6) Labor costs, 7) Real estate agent’s fees, 8) Sales taxes, 9) Advertising for tenants, 10) Verified transportation costs related to rental property operation. 11) Interest payments on loans for equipment necessary to produce the rental income. (b) Unexpected expenses are unanticipated expenses that are necessary for the collection of rental income and must be paid from rental income (e.g., repairs to an appliance or minor corrections to an existing structure). When an a/b reports an unexpected expense that must be paid from the rental income, treat as a change in situation.
1) Verify whether the expense is an operational expense (necessary for the collection of rental income) vs a capital expenditure (increase the value of property). Only operational expenses are allowable deductions. 2) If the expense is an allowable operational expense, recalculate net countable monthly rental income to determine deductible (PLA) or Patient Monthly Liability (PML) for Long-term Care.
(i) An operational expense can only be deducted when the rental income is used to meet the expense. Never use other income to offset an operational expense. The net rental income can never be less than$0.
(ii) Deduct from the net countable monthly rental income the total expense or if paying an installment, deduct the monthly amount.
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(iii) If the expense cannot be paid in one month, divide the expense over the number of months in the installment plan or the number of months necessary to allow for total recoupment. The months required may extend into the next certification period.
(iv) It is allowable to not meet the 6% income test while the unexpected expense is being deducted from net countable monthly rental income. Flag case to recalculate deductible or PML in the month that they expense is expected to be used up.
3) For PLA when the change in net rental income results in a decrease in countable income follow adequate notice requirements.
4) For LTC cases, change PML for future months.
5) Follow instructions in MA-2230, Financial Resources at review, to use only predictable operational expenses in the base period for the 6% test. Do not use unexpected operational expenses for the 6% test.
(c) Regardless of whether rental income is received monthly or other than monthly:
1) Verify operational expensed for the previous calendar yest based on the expenses on the tax form if using tax statements to determine income, or 2) Verify operational expenses for the twelve months base period to the application or recertification interview for a business if using business records.
(d) Non-allowable Expenses
Do not deduct the following expenses from rental income:
1) Operational expenses not paid by the a/b from the income received. If expenses are paid by a third party, then do not allow as operational expenses unless a/b reimburses the payee.
2) The principal portion of a mortgage payment. (The principal is deducted from the tax value as an encumbrance in reserve.
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3) A capital expenditure. This is an expense for an addition to or increase in the value of the property and is subject to depreciation for tax purposes (i.e. principal portion of mortgage payment, additions to existing structure, remodeling).
4) The property depreciation amount claimed as a federal income tax deduction.
5) Replacement of an existing feature of the property which could have been repaired (e.g., furnace could be repaired but is replaced with new heating system).
6) Replacement of an existing feature of the property which could not be repaired with one that is not of comparable value (e.g., replacement of shingle roof with brick tile roof) which results in improvement and increases the value of the property.
3) Calculate adjusted gross annual rental income by subtracting allowable annual operational expenses from gross annual rental income.
4) Determine countable adjusted gross monthly rental income by dividing by 12 months.
EXAMPLE monthly gross rent $ 450 property taxes per year $ 350 insurance per year $ 300 other expenses per month $ 100 $450 X 12 = $5,400 $ 5,400 - $ 350 Taxes - $ 300 Insurance $100 X 12 = $1,220 - $ 1,220 other expenses = $ 3,550 $3,550 divided by 12 = $ 295.83 adjusted gross countable monthly rental income DO NOT ROUND, use entire amount in monthly budget.
NOTE: If an unexpected expense is reported, then subtract the expense from the countable adjusted gross monthly rental income.
c. Explain to the a/b that net countable monthly rental income amount received must be included as countable income for PLA. If a/b is institutionalized, then income is countable in determining PML. Also
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explain to a/b that it is his responsibility to assure that required PML amount is paid to the facility.
X. Roomer/Boarder Income
Roomer/Boarder income is a form of rental income in which an individual pays an amount (usually weekly or monthly) to the head of household in return for room and/or board in the household. When an a/b receives income from an individual for whom he has no financial responsibility, always evaluate the living arrangement to determine whether it is a roomer/boarder situation as opposed to a shared household.
Refer to MA-2261, One Third Reduction, to determine criteria for a shared household and whether 1/3 reduction is applicable.
1. Verify the amount paid by the roomer/boarder(s). If variable, obtain a monthly average for the base period.
2. Refer to Rental Income above to determine base period and allowable and non-allowable operational expenses.
3. Verify monthly operational expenses.
a. If rent does not include food, food costs are an unallowable operational expense. If the rent includes food, verify food costs by receipts or statement of a/b.
b. Determine the number of rooms in the house. Exclude bathrooms and any rooms such as attics, basement, or garages unless they have been converted into living quarters.
c. Divide total operational expenses by the total number of rooms.
4. Determine countable income.
a. Multiply the average operational expense per room obtained in 3.c. above by the number of rooms rented.
b. The resulting amount is deducted from the rent to determine net countable income.
Example – Roomer/Boarder rents one room in a 5-room house for $100.00 per month. Total operational expenses are $200.00 per month. $200.00/5 = $40.00. $100.00 - 40.00 = $60.00 per month countable income.
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Y. Contributions
1. Cash
Always count contributions given in cash on a regular basis to meet a/b’s needs.
When individuals live together and share household expenses such as one paying rent or utilities and one buying food, there is no cash contribution.
2. In-Kind
Refer to In-Kind Income below to count contributions of food and shelter. Do not count items other than food or shelter (e.g., medical supplies, pampers).
3. Verification Source Contributor's statement. 4. Base Period
a. Verify the contribution amount for the past six months.
b. If contributions began/changed in the past six-month period, project an average based upon the number of months available.
Z. In-Kind Income
In-kind income is support and maintenance in the form of food or shelter (including utilities, heating fuel and property taxes).
1. When an individual or couple lives in the household of another, determine whether to use the full income limit (maintenance amount) or the 1/3 reduced income level. (Refer to MA-2261, 1/3 Reduction)
a. If 1/3 reduction income limit is used, do not count in-kind income.
b. If full income limit is used, count contributions of food or shelter given to the individual or couple as in-kind income.
2. Determining Countable In-Kind Income
If a Medicaid individual/couple receives food or shelter:
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a. Verify the income by contacting the provider of the food or shelter. Obtain from the provider a written statement of the value.
b. If the amount of in-kind income varies, obtain an average for the past six months.
c. Do not count items other than food or shelter (e.g., payment of phone bill, medicine, pampers or other supplies). Shelter includes rent, mortgage payment, utilities, fuel, and property taxes.
d. Never count more in-kind income than 1/3 of the current SSI amount (individual or couple) plus $20.00. This is the maximum value you would count for in-kind support and maintenance. Less can be counted based on the actual amount verified of the value of in-kind support and maintenance.
AA. Severance Pay
Severance pay is extra pay given to an employee by his former employer when the employee is dismissed through no fault of his own. Count gross when considering severance pay.
1. Severance pay may be paid out in one of the following ways:
a. In one payment, treat as a lump sum payment. Refer to VIII.
b. In a series of payments, treat as income received on a regular basis: monthly, weekly, etc. Refer to IV. for base period instructions.
2. If the severance pay has ended, treat it as terminated income. Refer to V.
3. Verify the amount and payment schedule by:
a. Seeing the check stub,
b. Seeing wage verification form, or
c. Contacting the former employer.
BB. Gaming Proceeds for Eastern Band of Cherokee Nation
Members of the Eastern Band of Cherokee Indians receive a distribution of profits as permitted under P.L. 98-64 from gaming operations on their reservations. Payments are made semi-annually in June and December. The receipt of a per capita payment or an increase in the amount of the per capita payment is not considered a change. A
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change in per capita payment is defined as a change in the frequency of the receipt of the per capita payment.
1. Applications
a. Count the per capita payment as unearned income for the month it is received. Count the payment when determining the first month of eligibility only.
b. If there is any remaining income after the month of receipt, count in reserve.
2. Ongoing
a. Count the per capita payment as unearned income for the month it is received. Because of the timely notice required, the payment will not affect the ongoing case as income.
b. If there is any remaining income after the month of receipt, count in reserve.
3. Payments to minors or incompetent adults are paid into trust funds administered by the tribe or fiscal agent. The trust funds are accessible only upon petition to the tribe, and if approved they are limited to medical or educational purposes.
a. Payments made directly into a trust are not counted.
b. Payments made to parents/guardians are countable when determining the child’s eligibility. Refer to VIII. for treatment of income from trusts.
4. Verification
a. Obtain a copy of the check, or
b. Obtain a copy of the award letter. c. Contact the source at the following address; Eastern Band of Cherokee Indians Post Office Box 455 Cherokee, North Carolina 28719 (828) 497-7040
5. Refusal to Receive Per Capita Payments
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Tribal members may refuse to accept the per capita payment by signing a waiver.
a. Verify the tribal member’s refusal to receive the payment by obtaining a copy of the waiver.
b. If the tribal member signs the waiver before distribution of the payment, do not count the per capita payment.
c. For LTC budgeting, if an applicant/beneficiary refuses a per capita payment, consider as a transfer of assets.
CC. Indemnity Policy Payments
Indemnity policies are insurance policies that pay a flat rate benefit without regard to the actual charges or expenses incurred. These payments are not restricted to the payment of a medical service and can be used as the a/b decides. Request verification from the a/b and if questionable, contact the insurance carrier to determine the amount received. These payments are budgeted as unearned income in the month of receipt regardless of how used.
DD. Long-term Care Insurance
If the insurance company makes payments, directly to the individual, count payments as unearned income. If the insurance company makes payment directly to the nursing facility, it is considered a third-party payment. Refer to MA-2400, Third Party Recovery.
Copies of checks or a statement from the insurance company are acceptable forms of verification.
EE. Gambling Winnings, Lottery Winnings and Other Prizes
1. Definition
Gambling winnings, lottery winnings and prizes are generally things won in a game of chance, lottery or contest. Count these winnings as unearned income. Do not subtract gambling losses from gambling winnings in determining an individual’s countable income. If an individual has a choice between an in- kind item and cash, count the cash offered as unearned income. This is true even if the individual chooses the in-kind item and regardless of the value of the in-kind item.
2. Verification
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a. If a beneficiary receives winnings or prizes use documentation that the individual has in his possession to verify the income. If there is not sufficient documentation to verify the income, obtain a signed statement from the individual regarding:
(1) The date the item was received,
(2) Type of item received,
(3) Individual’s estimate of the value of the item if not cash; and
(4) Source of the item
b. Accept an individual’s signed estimate of the value of the item or actual value if cash, unless you have reason to doubt the estimate. If you doubt the estimate, determine the item’s current market value with an independent source. Determine the nature of the item and apply the appropriate instructions pertaining to income.
FF. Royalties (Also see VII. J. above)
1. Definition
Royalties include compensation paid to the owner for the use of property, usually copyrighted material (e.g., books, music, and art) or natural resources (e.g., minerals, oil, gravel or timber). Royalty compensation may be expressed as a percentage of receipts from using the property or as an amount per unit produced.
2. An outright sale of natural resources by the owner of the land or by the owner of the rights to use of the land constitutes a conversion of a resource. Proceeds from a conversion of a resource are not income.
To be considered royalties, payments for the use of natural resources must be received:
a. Under a formal or informal agreement whereby the owner authorizes another individual to manage and extract a product (timber or oil) and
b. In an amount that is dependent on the amount of the product actually extracted.
3. Royalties are unearned income unless they are received as part of a trade or business or received by an individual in connection with any publication of his/her work.
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4. Verification
a. Verify that payments received meet the definition of royalty by examining the agreement between the parties involved or documents in the a/b or financially responsible person’s possession. Some documents concerning royalty payments will provide both a gross and a net payment amount. When the difference between the gross and the net figures is due to income taxes withheld or windfall profit tax deductions, use the gross figure when determining amount of income to budget. When the difference between the gross and net figures represents a production or severance tax, use the net figure when determining the amount of income to budget. If the agreement or documents are unclear, unavailable, or informal, contact the company or source of the payment.
b. Include in the case record copies of documents and/or information provided by the payment source including the reason the royalty is being received, amount(s) (including the type of tax(es) if any, which are being deducted, and the frequency of receipt of payments.
GG. Tobacco Transition Payment Program, (Tobacco Buyout)
1. Eligible tobacco quota owners and tobacco quota growers who applied for the program receive annual installment payments over a 10-year period. Payments are distributed during the first few months of each calendar year.
2. In October 2005, after the first installment payment was made, tobacco quota owners/growers were permitted to enter into an assignment or successor-in- interest contract with an approved financial institution and receive cash payment in exchange for the balance of the annual installment payments.
3. If a/b or financially responsible person is receiving yearly allotment payments, determine if the balance of the tobacco allotment contract can be sold to an approved financial institution for a lump sum cash payment. The list of approved financial institutions can be found at www.fsa.usda.gov.
4. When the balance of the allotment contract owned by the tobacco quota owner is verified as non-salable to an approved financial institution for a lump sum payment, the annual payments will be counted as unearned income in the year of receipt. Refer to VII. above, and VIII. below for further information regarding Tobacco Transition Payment Program allotment payments.
5. The Commodity Credit Corporation, CCC-960, “Tobacco Transaction Payment Notification of Contract approval and Appeal Rights” does not apply the maximum discount rate to contracts with family members, transfers upon death of a tobacco quota grower or owner, individuals who entered into an
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assignment or successor-in-interest contract prior to 10/22/2004, and one year contracts made with “Tobacco Transaction Payment Notification of Approval and Appeal Rights” CCC approved financial institutions. 6. For an assignment contract made with a third party in exchange for other property, the property obtained is a conversion of a resource in the month the contract is completed and becomes the new resource as of the first moment of the month following the assignment month. 7. Evaluate all assignment successor-in-interest contracts made in 5. and 6, above for a potential transfer of asset sanction. Refer to MA-2240, Transfer of Assets. HH. Pigford/Brewington vs. Glickman Settlement This is a settlement for black farmers who were discriminated against when applying for farm loans. Taxes may be withheld by the government. Since this is a one-time payment, refer to VI. B. 34, above for treatment as a lump sum payment. IX. COMPUTATION A. Computation Outline The following steps are in the required order for income computation. 1. Unearned Income a. Verify countable unearned income. b. Evaluate for Infrequent or Irregular Income Exclusion ($60.00 unearned income). Refer to IX. below. c. Social Security Passalong a/b’s who were former SSI beneficiaries terminated due to initial entitlement to Social Security benefits or cost of living increases are allowed income disregards specific to their coverage group. Refer to MA-2110, Passalong, for instructions.
d. Subtract the $20.00 General Income Deduction. Do not give the $20.00 deduction to an individual whose only income is VA Pension. (The General Income Deduction does not apply to STEP II LTC Budgeting).
The following steps are in the required order for income computation.
2. Earned Income
Never reduce total earned income below zero.
a. Compute countable adjusted gross self-employment/farm income. (Total self-employment income minus allowable operational expenses equals countable adjusted gross income.)
b. Add income or subtract any self-employment losses from any other earned income
c. Deduct any Federal and State Earned Income Tax Credit (EITC) from gross income.
d. Evaluate for Infrequent/Irregular Income Exclusion ($30.00 earned income). Refer to IX.B. below.
e. Deduct earned income of blind or disabled student children up to the student earned income exclusion (SEIE) monthly limit but not more than the SEIE yearly limit. Refer to IX.D.3
f. Subtract any remainder of the $20.00 exclusion from earned income.
g. Subtract the $65.00 Earned Income Exclusion. (Does not apply to STEP II in LTC Budgeting) Refer to IX.E. below.
h. Deduct any Impairment-Related Work Expense Exclusion (IRWE) for the Disabled. Refer to IX.G. below.
i. Subtract ½ of the remainder.
j. Deduct Work Expense Exclusion for the Blind if applicable. Refer to IX.F. below.
k. Deduct income used to fulfill an approved plan for achieving self-support (PASS).
3. When the COLA increase is greater than the Federal Poverty Level, some Medicaid beneficiaries may lose eligibility or move to deductible status. In this situation, the most recent COLA must be disregarded in determining continued eligibility. If the individual remains eligible when the SSA COLA is disregarded, the disregard continues until the beneficiary loses Medicaid eligibility or becomes eligible without the disregard.
4 Follow procedures in MA-2260, Financial Eligibility Regulations for budgeting earned and unearned income and applying financially responsible person’s income.
B. Infrequent/Irregular Income Exclusion
1. Infrequent Income
Income that is received by the a/b or financially responsible person only once during a calendar quarter from a single source, and the a/b or financially responsible person did not receive it in the month immediately prior to that month or in the month immediately after that month, regardless of whether or not these payments occur in different calendar quarters.
2. Irregular Income
Income is considered to be received irregularly if the a/b or financially responsible person cannot reasonably expect to receive it.
3. Single Source of Income
a. A single source of earned income is an employer, a trade, or a business. A single source of unearned income is an individual, a household, an organization or an investment. Examples of a single source of unearned income are as follows:
1) A household in which an a/b lives is a single source even if the household composition changes due to a move by the a/b or by other household members.
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2) An organization is the Federal Government, a single state or local government, a business or corporation, a charitable agency, or a similar entity which provides the a/b or financially responsible person with income.
3) An investment is a single financial account, life insurance policy, rental property, or any resource providing a return to its owner. Two separate accounts, even if with a single financial institution, are two different investments.
b. When income (except child support payments) of the a/b or a financially responsible person meets the definition of Infrequent or Irregular, an exclusion can be applied. Apply the exclusion to the first income that was received that meets the definition of infrequent or irregular. The exclusion is $30.00 for earned income, and $60.00 for unearned income. Only one exclusion for each, earned and unearned, may be applied per budget unit. Subtract the exclusion before adding the infrequent/irregular income to any other income.
C. $20 Per Month General Income Exclusion
The General Income Deduction does not apply to STEP II LTC Budgeting.
1. Deduct the first $20 per month of any unearned income except for VA pension.
2. If there is not enough unearned income to use all the $20, deduct any remainder of the $20 from earned income.
3. Allow only one $20 deduction per case when both spouses are applicants/beneficiaries or income is deemed.
D. Student Earned Income Exclusion
The earned income exclusion for a student applies to each a/b, and/or financially responsible person who regularly attends school, college, university, or a course of vocational or technical training to prepare the student for gainful employment. This exclusion helps finance and encourages school attendance. Some uncommon examples which may qualify for this exclusion are individuals participating in National Civilian Community Corps under AmeriCorps and Job Corps under the Workforce Investment Act.
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1. Regular attendance is defined as:
a. College or University – student must attend at least eight hours a week under a semester or quarter system.
b. Students in grades 7-12 must attend at least twelve hours a week.
c. Course of Vocational or Technical Training – student must attend training for at least fifteen hours a week if training involves shop practice. Twelve hours per week if it does not involve shop practice.
d. Home schooling for grades 7-12 if under the home school law of the state or other jurisdiction in which they reside.
2. Consider a student to be regularly attending school in months when he is not attending because of vacation, illness, convalescence, or family emergency if he plans to return to school. Document the record.
3. The amount of the student earned income exclusion is adjusted each year by the cost-of-living adjustment (COLA) that is used to adjust the SSI Federal Benefit rate. Effective January 1, 2026, exclude up to $2,410 per month but, no more than $9,730 total for the year of 2026 of the countable earned income of an eligible student.
4. To qualify for this exclusion, the applicant/beneficiary (a/b) or financially responsible person must be a student under age 22.
5. Use the following guidelines to apply the exclusion.
a. Compute income in base period. Subtract the exclusion from the student’s earned income to determine countable monthly income. If more than one individual in the budget unit qualifies for this exclusion, apply the entire allowable amount of the student earned income exclusion to the budget unit.
b. Apply the exclusion to months in which the a/b, ineligible spouse, or ineligible parent has earned income until the exclusion is exhausted, the individual is no longer a student, ceases to be employed or no longer is part of the budget unit.
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E. Earned Income Exclusion
(Does not apply to STEP II in LTC Budgeting)
1. Subtract the $65.00 Earned Income Exclusion.
2. If applicable, deduct:
a. Impairment-Related Work Expenses (IRWE) for the disabled if applicable. (Refer to IX.G. below.) or
3. Subtract 1/2 of the remainder
4. If applicable, deduct;
b. Work Expenses for the blind. (Refer to IX. below.)
5. Allow only one earned income exclusion from total earned income when both spouses are applicants/beneficiaries or income is deemed.
NOTE: Be sure to apply the impairment related work expense deduction (IRWE) or work expenses for the bind deduction to HCWD if applicable. See MA-2250, Income.
F. Work Expense Exclusion for the Blind
1. Exclude the monthly earned income of a blind person which is used to meet any expenses attributable to earning the income if the blind a/b is:
Under age 65, or
a. Age 65 or older and received SSI and/or Medicaid in the month prior to attaining age 65, and
b. Meets the SSI definition of blindness.
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2. After deducting operational expenses, the $20.00 general income deduction and the earned income deduction and one half of the remaining earned income in a month:
Deductions from earned income include but are not limited to:
a. Drugs, medical services, and medical devices (not paid by Medicaid or third-party insurance).
b. Seeing eye dog and associated costs.
c. Work related equipment such as special tools, vision or sensory aids, clothing or shoes required for the job.
d. Income taxes.
e. Structural modifications to an individual's home to create a work space or allow the individual to get to and from work.
f. Special training (e.g., Braille, cane travel, use of special equipment).
g. Mandatory pension contributions (i.e. for retirement or disability).
h. Prosthesis.
i. Transportation.
3. Non-allowable deductions
a. In-kind payments.
b. Expenses which will be reimbursed.
c. Items that the a/b requires in order to work which are furnished by a third party.
d. Expenses deducted in determining net countable earned income.
NOTE: The Work Expense Exclusion for the Blind may be applicable to HCWD cases. See MA-2180, HCWD.
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G. Impairment-Related Work Expense Exclusion (IRWE) for the Disabled
IRWE are expenses for items or services which enable a person with a disability to work. The expense is incurred by the a/b because of a physical or mental impairment. These expenses can be excluded from the a/b’s earned income when certain conditions are met.
1. IRWE applies to the earned income of an a/b who is:
a. Disabled, and;
b. Is under 65, and;
c. Is employed. 2. IRWE can be given to the a/b when: a. The severity of the impairment requires the a/b to purchase or rent or use items and services in order to work, and b. The expense is reasonable. “Reasonable” is the standard charge for the item or service in the person’s community, and c. The cost is paid by the a/b and is not reimbursable from another source (i.e., Medicaid, Medicare, private insurance), and d. The a/b made payment for item/services in a month that: 1) He worked and received income for working and obtained item/services, or 2) The a/b worked and received the item/service before receiving a paycheck.
3. Verification of IRWE Before excluding IRWE from earned income, verify the need and the payment for the item/service.
Ask the a/b the following questions to determine whether he has the need for an impairment-related item or service.
a Does the a/b’s physical limitation require him or her to have assistance (items or services) in order to work?
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b. Does the alleged expense meet the definition of IRWE (i.e., is it determined to be attendant care services, durable medical equipment, prostheses, other equipment, similar items and services, or routine drugs or routine medical services necessary for the control of the disabling condition)?
c. Does the expense pertain to the impaired individual (not to another person)?
Ask the following questions for the proof of payment:
a. Did the payment pertain to an item that was used or service that was used in the month in which the individual was working?
b. Was the expense paid by the impaired individual’s funds?
4. Does the impairment(s) which reportedly requires the individual to use a particular item or service, correlate with the established medical basis of disability? a. To verify the need of the item/service, request that the a/b provide a statement for the need of the item/service for himself. b. To verify payment for the item/service, request that the a/b provide copies of cancelled check(s) or paid receipts. Exclude the basic cost of the item/service as IRWE. Refer to IX. for instructions on subtracting earned income exclusion. 1) If the cost is unknown to the agency or it appears to be unreasonable, contact a provider of that item/service.
2) Ask the provider for basic cost of the item/service. Use basic cost amount. 3) If the a/b provides receipts for recurring items/services paid for one week, convert that amount to a monthly amount and allow the monthly amount.
4. In the base period for applications and redeterminations, use IRWE expenses paid for the last 12 months to determine the IRWE deduction.
a. At application and recertification, verify the IRWE expenses the a/b paid for in the past 12 months or for the number of months the a/b paid the expense if less than 12 months.
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b. Get an average of the IRWE the a/b paid. Convert the IRWE to a monthly amount and subtract from a/b’s total income. For one-time expense refer to VIII. for unexpected expenses in rental income. See IX. above for earned income deductions.
Example: A/B applies for Medicaid in July. He began working in January. From January through June, the a/b has paid a total of $840 for transportation to and from work. The amount of IRWE is computed by dividing the total amount by the number of months covered ($840.00 divided by 6 = $140.00 per month.) $140.00 is subtracted from a/b’s gross monthly earnings.
5. The following items/services can be used for IRWE. The items/services that can be excluded are not limited to this list.
a. Attendant care services.
b. Drugs and medical services not covered by Medicaid which are essential to enable the individual to work.
c. Expendable medical supplies not covered by Medicaid such as bandages, catheters, face mask.
d. Dog guide.
e. Medical devices such as braces, inhalers, pacemakers, respirators, wheelchair and the repair of that item.
f. Physical Therapy.
g. Prosthetic devices required to work and the maintenance and repair of these devices.
h. Structural modifications to a/b’s home to create a work space or to allow the a/b to get to and from work.
i. Training such as braille, cane travel, use of special equipment. Training does not include general education courses.
j. Other work-related equipment/services such as one-handed typewriters, special tools, typing aids.
k. Transportation to and from work.
l. Vehicle modification.
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NOTE: IRWE may be applicable to HCWD cases. See MA-2180,Health Coverage For Workers With Disabilities.
X. APPEAL REVERSALS
A. Applications
If you reopen an application due to an appeal or administrative decision, you must:
1. Review the case record to determine if you verified the income from the base period during the first application, and
2. Contact the a/b to determine if there has been a change in income.
a. If you have the income from the base period and there has been no change, use this income to project for the certification period.
b. If you do not have the income from the base period, obtain and use the actual income received in the first month of the certification period. Project this income for the entire certification period.
c. If there has been a change in income, obtain and use the income from the base period up to the month of change. Verify the changed income from the month of change. Get 4 consecutive weeks of the changed income. Follow procedures in MA-2340, Change in Situation.
B. Recertification
If you reopen a terminated case due to an appeal or administrative decision, you must:
1. Request actual income for the first month in which you must re-establish eligibility, and
2. Contact the beneficiary to determine if there has been a change since that month.
a. If you have the income and there has been no change, use this income to project for the rest of the certification period. b. If there has been a change, use the income from the first month up to the month of change. Verify the change. Follow the procedures in MA-2340, Change in Situation.
DocuSign Envelope ID: 9B3FAF99-0D78-49C7-B41E-F53AE7922E72
North Carolina Department of Health and Human Services North Carolina Medicaid Division of Health Benefits AGED, BLIND AND DISABLED MEDICAID MANUAL MA-2251
REASONABLE COMPATIBILITY
REVISION 01/12/23– CHANGE NO. 01-23
DHB Administrative Letter NO: 03-23, Medicaid Procedures for Asset Verification System (AVS) During the Continuous Coverage Unwinding (CCU) Period
I. REASONABLE COMPATIBILITY
Reasonable Compatibility refers to the standard used to compare the self-attested income/resources and income/resources as reported by an electronic data source. Reasonable Compatibility applies to all categorically needy programs and must be applied anytime there is a self-attestation and an electronic source for income/resources.
A. Reasonable Compatibility
Reasonable Compatibility is determined for each applicant/beneficiary (a/b) based on the total countable income/resources for their household. For income/resources to be considered reasonable compatible, all countable income/resources for the applicable household must meet the reasonable compatibility standard. Refer to MA-2250, Income to determine total countable income. B. Requirements for Reasonable Compatibility
Reasonable compatibility cannot be used without self-attestation and an electronic source of all countable income/resources for each financially responsible household member. Self-attestation may be the a/b’s statement or information they provide.
C. Aged, Blind, and Disabled (ABD) Programs
Reasonable Compatibility does apply in Private Living Arrangement (PLA) budgeting for both resources and income except RSDI, see D.1 below.
D. Exceptions to Reasonable Compatibility
1. Reasonable Compatibility does not apply to Retirement, Survivors, Disability Insurance (RSDI) income.
a. Always use the gross income provided by SOLQIS.
b. Caseworkers must review RSDI evidence in NC FAST for all MAGI and non-MAGI cases.
c. Caseworkers must manually update the a/b’s attestation evidence to reflect the gross RSDI income verified by SOLQIS.
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d. Caseworkers must document the case to show that the evidence containing the a/b’s attestation of RSDI income was updated to the gross RSDI amount that has been verified electronically by SOLQIS.
2. Reasonable Compatibility does not apply when calculating the medically needy deductible or Patient Monthly Liability (PML). The caseworker must use actual gross income.
Reasonable compatibility does apply to resources when determining eligibility for applicable programs.
II. HOW TO DETERMINE REASONABLE COMPATIBILITY
An applicant’s self-attestation of income/resources is acceptable if it is reasonably compatible with the information received from electronic data source.
A. For income to be considered reasonably compatible:
1. Both the self-attestation and electronic data source must be at or below the applicable income/resource standard; or
2. Both the self-attestation and electronic data source must be above the applicable income/resource standard; or
3. Either the self-attestation or the electronic data source is above, and the other is below the applicable income/resource standard, and the difference between the two is within twenty percent (20%) of each other.
B. Reasonable compatibility at recertification:
Reasonable compatibility requires a current self-attestation and electronic source. At recertification, the caseworker must send a DHB-5097/DHB-5097sp, Request for Information, and request current income/resource attestation. Do not request attestation for RSDI income, see I.D above.
1. Enter the self-attested income/resource amount in NC FAST.
2. Manually determine if the self-attested income/resource is reasonably compatible with the electronic source income/resource.
3. Reasonable compatibility cannot be determined at recertification if there is no current self-attestation provided by the beneficiary and a current electronic source.
4. Follow the steps in sub-section D, below.
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C. Automated vs. Manual RC
1. The system will automatically calculate reasonable compatibility for most applications.
2. The caseworker must manually determine reasonable compatibility for the following:
a. The caseworker is approving a medical forced eligibility case
b. At recertification or change of circumstance
c. Anytime there is no current self-attestation and current electronic source evidence present on the evidence dashboard
3. When the system does not calculate reasonable compatibility, the caseworker will calculate the percentage difference when either the self-attestation or the electronic data source is above, and the other is below the applicable income/resource standard.
D. Steps to calculate the percentage of difference
To calculate the 20% difference:
1. Subtract the smaller number from the larger number to get the difference between the two.
2. Divide the difference by the smallest number, and round to two decimal places.
3. Multiply this amount by 100 to get the percentage difference between the two amounts.
4. Use the Reasonable Compatibility Calculator when manually determining reasonable compatibility to determine if the difference between the self-attestation and the electronic source is within the 20% limit.
5. A copy of the Reasonable Compatibility Calculator results should be maintained in the case file.
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E. Reasonable Compatibility Standard
See the chart on the following pages to determine what actions the caseworker should take after completing the reasonable compatibility comparison of self-attestation and electronic sources.
Reasonable Compatibility Standard Self-Attestation of Household Income/Resources Electronic Data Source Reasonably Compatible Case Action Source of Income/Resource Used to Determine Eligibility At or Below the Threshold for applicable household size At or Below the Threshold for applicable household size Yes No further action necessary as the income/resource meets the reasonable compatibility standard. Applicant’s income/resource self-attestation. If both amounts are at or below the applicable FPL or resource limit, it is always reasonably compatible regardless of the difference between the two amounts.
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Self-Attestation of Household Income/Resources Electronic Data Source Reasonably Compatible Case Action Source of Income/Resource Used to Determine Eligibility Above Threshold for applicable household size Above Threshold for applicable household size Yes If both amounts are above the FPL or resource limit, it is always reasonably compatible regardless of the difference between the two amounts. If a/b is ineligible due to excess income, then determine if the a/b is medically needy and able to meet a deductible. If the a/b is ineligible due to excess resources, allow rebuttal/spend down of resources if applicable. Applicant’s income/resource self-attestation.
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Self-Attestation of Household Income/Resources Electronic Data Source Reasonably Compatible Case Action Source of Income/Resource Used to Determine Eligibility At or Below Threshold for applicable household size Above Threshold for applicable household size Yes, if the self-attested amount is within 20% of electronic source amount. No further action necessary as the income/ resource meets the reasonable compatibility standard Applicant’s income/ resource self- attestation. No, if the self-attested amount is not within 20% of electronic source amount. Ask for reasonable explanation, or verification if needed. If reasonable explanation is provided, then use the applicant’s income/ resource self-attestation. If additional verification needs to be requested, then use the amount provided on the additional verification
DocuSign Envelope ID: 9B3FAF99-0D78-49C7-B41E-F53AE7922E72 7
Self-Attestation of Household Income/Resources Electronic Data Source Reasonably Compatible Case Action Source of Income/Resource Used to Determine Eligibility Above Threshold for applicable household size At or Below the threshold for applicable household size Yes, if the self-attested amount is within 20% of electronic source amount. No further action necessary as the income/resource meets the reasonable compatibility standard The electronic source amount. No, if the self- attested amount is not within 20% of electronic source amount Ask for reasonable explanation, or verification if needed. If reasonable explanation is provided, then use the electronic source data. If additional verification needs to be requested, then use the amount provided on the additional verification.
MA-2252, NON- MAGI MEDICAID INCOME/RESERVE LIMITS Effective: April 1, 2026 Revised 4/1/2026
` 1 2 3 4 5 6 7 8 Add’l MAF-M Reserve Limit: $3000 242 317 367 400 433 467 500 525
9 10 11 12 13 14
542 575 600 633 667 700
33 Adult Medicaid 1 2
MAABD-N 1330 1804
MAABD-N 1/3 reduced 887 1203
MAABD-M 242 317
MAABD-M 1/3 reduced 161 211
HCWD 150% (unearned) 1995 2705
HCWD 150% 1/3 reduced 1331 1804
HCWD 200% 2660 3607 Above 200% - Premium must be paid. HCWD 200% 1/3 reduced 1774 2405
MQB-Q 100% 1330 1804 2277 2750 3224 3697 4170 4644 474 MQB-Q 1/3 reduced 887 1203 1518 1834 2149 2465 2781 3096 316 MQB-B 100% - 120% 1330.01- 1596 1804.01- 2164 2277.01- 2732 2750.01- 3300 3224.01- 3868 3697.01- 4436 4170.01- 5004 4644.01- 5572 Add 474 to previous minimum and 568 to 120% MQB-B 1/3 reduced 887.01- 1065 1203.01- 1443 1518.01- 1822 1834.01- 2201 2149.01- 2579 2465.01- 2958 2781.01- 3337 3096.01- 3715 Add 316 to previous minimum and 379 to 120% MQB-E 120% - 135% 1596.01- 1796 2164.01- 2435 2732.01- 3074 3300.01- 3713 3868.01- 4352 4436.01- 4991 5004.01- 5630 5572.01- 6269 Add 568 to previous minimum and 639 to 135% MQB-E 1/3 reduced 1065.01- 1198 1443.01- 1624 1822.01- 2050 2201.01- 2476 2579.01- 2902 2958.01- 3328 3337.01- 3754 3715.01- 4180 Add 379 to previous minimum and 427 to 135% MWD 200% 2660 3607
MWD 1/3 reduced 1774 2405
TBI 300% 3990 5410
Reserve: MAABD 2000 3000
Reserve: MQB-Q/B/E 9950 14910
Reserve: HCWD 32532 32532
Reserve: MWD 4000 6000
North Carolina Department of Health and Human Services North Carolina Medicaid Division of Health Benefits AGED, BLIND AND DISABLED MEDICAID MANUAL MA-2260
FINANCIAL ELIGIBILITY REGULATIONS-PLA
REVISED 12/10/2025 - CHANGE NO. 11-25
I. FINANCIAL AND RESOURCE RESPONSIBILITY FOR ALL M-AABD and MQB COVERAGE GROUPS
This section provides the policy rules for determining responsibility for individual and couple applicants and beneficiaries when they live in a private living arrangement. In addition, this section provides instructions for how and when to "deem" income and resources from a financially responsible spouse or parent(s) to the spouse or child a/b. Because of a court decision, Division of Health Benefits (DHB) can no longer employ income deeming methodology in MQB eligibility determinations. Accordingly, this section provides instructions on how to use family size budgeting in MQB cases.
II. FINANCIAL RESPONSIBILITY
A. Spouse-for-spouse financial responsibility exists for a spouse who:
1. Is legally married to the a/b,
2. Does not receive SSI, Work First, or CAP and
3. Lives in, or is temporarily absent from the home, or
4. Has lived apart for less than one month.
a. Financial responsibility ceases at the beginning of the 2nd month.
b. Beginning with the 2nd month, budget them as separate individuals.
B. Parent-for-child financial responsibility exists for a child who:
1. Is under the age of 18,
2. Lives in or is temporarily absent from the home,
3. Has never been married,
4. Has never served in the military,
5. Has not been legally emancipated,
6. Does not receive SSI, Work First, CAP, or IAS, and
7. Is the natural or adopted child of an adult a/b or of an adult a/b’s spouse;
UNLESS
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8. Either parent(s) receives SSI, AAF, CAP/DA or CAP/MR/DD.
9. Parent for child financial responsibility continues for children who have been out of the parent(s)'s home less than one month:
a. Financial responsibility ceases at the beginning of the 2nd month;
b. Beginning with the 2nd month, budget the child as a separate individual.
10. Parent-for child financial responsibility ends the month after the child turns 18.
C. Children do not have financial responsibility for parents or siblings.
III. MAABD and MQB SSI Budgeting methodology and definitions
The phrase “SSI Budgeting Methodology” means the budgeting methodology that has been employed since January of 1995. Due to the court case which mandated the use Family Size Budgeting in MQB eligibility determinations, it is necessary to distinguish the two forms of budgeting now in use.
Under SSI Budgeting Methodology there are two different methods to calculate income. One way is to lump all of the income of the individual or couple. The second way is to look at the individual and indirectly count or deem income from the ineligible spouse or parent(s). The method employed depends upon whether the a/b is classified as a “Medicaid Individual,” a “Medicaid Couple,” a “Medicaid Individual with and Ineligible Spouse,” or a “Medicaid Child.”
Living Allowance for Ineligible Child/ Ineligible Spouse is $498 minus the gross income of
the child/spouse.
A. Definitions
To determine the appropriate budgeting method, identify the M-AABD/M-QB a/b as one of the following:
1. Medicaid Individual: A "Medicaid Individual" is an a/b who is:
a. Unmarried and age 18 or older; or
b. Married and living with a spouse who receives AAF, SSI, CAP/DA, or CAP/MR/DD; or
c. Unmarried and under age 18 and living with a parent(s) who receives SSI, AAF, or CAP.
NOTE: If the child lives with both parents and only one of the parents/stepparents receives AAF or SSI, the child is a Medicaid individual.
d. Unmarried and under age 18 and living outside of their parent(s)'s home; or
3
e. Receiving CAP/CC, CAP/DA, or CAP/MR/DD.
2. Medicaid Couple: A "Medicaid Couple" consists of a/bs who are married and living together, and
(1) Who are M-AABD/M-QB Medicaid a/bs and
(2) Neither of whom receives CAP/DA or CAP/MR/DD or SSI.
3. Medicaid Individual with an Ineligible Spouse
a. A "Medicaid Individual with an Ineligible Spouse" is an a/b who is married to and living with a spouse who is not an M-AABD/MQB Medicaid beneficiary and does not receive SSI, AAF or CAP.
b. "Ineligible" means the spouse is not applying for or receiving M-AABD or M- QB.
4. Medicaid Child
A "Medicaid Child" is an a/b under the age of 18 who lives with their parent(s) who does (do) not receive SSI, AAF or CAP. They remains a Medicaid Child through the month that they moves out of their parents’ home.
5. Ineligible Child
An unmarried child of the parent from whom income is deemed
B. Methodology
1. If the a/b is a Medicaid Individual
Count the income of the a/b only to determine eligibility.
2. If the a/b is a Medicaid Couple
a. Count the total combined income of both spouses.
b. If one a/b of the original couple is denied:
(1) Prior to the disposition of the other spouse's application, the remaining a/b becomes a Medicaid individual with an ineligible spouse for the entire certification period.
(2) After the other spouse is approved, the remaining spouse is budgeted as part of a Medicaid couple through the month of denial.
3. If the a/b is a Medicaid Individual with an Ineligible Spouse
4 Deem income of the ineligible spouse to the a/b (see IV.D. for deeming instructions.).
4. If the a/b is a Medicaid Child
Deem income from the parent(s) to the child (see IV.E for deeming instructions).
IV. INCOME COMPUTATIONS (BASED ON COMPLETION OF DHB'S BUDGET SHEETS)
A. Background
The following section gives instructions for completion of the Budget Sheets. These forms were developed to assist in determining income eligibility and the appropriate aid/program/category. These forms must be used to calculate income for M-AABD/M- QB/M-WD cases.
NOTE: Ineligible Child: In the deeming process (both spouse to spouse and parent to child), there is a provision for deducting a portion of the deemor's income for the needs of "ineligible children." The definition of an ineligible child is: an unmarried child of the parent from whom income is deemed. The child must live in the household and must not receive SSI or AAF and must not be applying for or receiving M-AABD or M-QB. Allow the Living Needs Allowance (see VII.B.) for each ineligible child in the home under age 18 (or, 21 if a student and regularly attends school or college or training designed to prepare him/her for a paying job).
1. MAABD and MQB-Q (SSI) Budgeting Methodology
a. For "Medicaid Individuals," complete Section A of the DHB-5008aAdult Budget Sheet. Section A determines whether:
(1) The individual is eligible for N coverage, or
(2) If there is a deductible for M coverage, and/or
(3) If the individual is eligible for M-QB/M-WD.
b. For "Medicaid Couples," complete Section C of the DHB-5008aAdult Budget Sheet.
c. For "Medicaid Individuals with Ineligible Spouses," complete Sections A, B, and C of the Adult Budget Sheet.
d. For "Medicaid Child" living with parent(s), complete Sections A, B and C of the DHB-5008eABD Medicaid Parent to Child Budget Sheet.
2. MQB Family Size Budgeting Methodology
5 If ineligible for MAABD/MQB-Q using SSI methodology (see 1. above), complete Section D of the Adult Budget Sheet to; determine eligibility for MQB–Q, MQB-B or MQB-E.
B. Medicaid Individual: Complete Section A of the DHB-5008aAdult Budget Sheet
1. Total the individual's gross unearned income from all sources. Enter total GROSS unearned income on Line 1.
2. On Line 2 subtract the $20 General Exclusion unless the income is VA Pension.
3. Enter the Net Unearned income on Line 3 (Line 1 minus Line 2). Go Line 11 if no earned income.
4. Earned Income - Enter total gross earned income of the individual on Line 4. (For certain incomes this is the amount after operational expenses.)
5. On Line 5 subtract remainder of the $20 General Exclusion if any not used by unearned income. If there is only earned income, subtract the $20 from earned income.
6. Line 6 is the subtotal of earned income (Line 4 minus Line 5).
7. On Line 7 subtract the $65 work expense exclusion from earned income.
8. Enter the difference by subtotaling Line 8 (Line 6 minus Line 7).
9. On Line 9 subtract 1/2 of Line 8.
10. The result on Line 10 is the Net Earned Income (Line 8 minus Line 9).
11. The amount on Line 11 is the Total Net (countable) Income (Line 3 plus Line 10).
12. On Line 12 enter the income maintenance amount for aid program/category or categories in which eligibility is being evaluated (CN/MN/M-QB/M-WD).
13. Determination of Eligibility for Appropriate Coverage Group
a. Categorically Needy:
(1) If the a/b's income on Line 11 is equal to or less than the N income level for an individual, the a/b is financially eligible for N coverage.
(2) If the a/b's income on Line 11 is greater than the N income level for an individual, evaluate for M coverage.
b. Medically Needy: Enter the M amount on Line 12 and subtract Line 12 from Line 11. Use the amount of excess income on Line 13 to compute the deductible for the certification period.
6 c. M-QB (Q, B or E): If the M-QB (Q, B or E) amount was entered on Line 12 and there is no excess income on Line 13, the a/b is income eligible for M-QB provided they have Medicare.
C. Medicaid Couple (Both Applying)
Complete Section C, of the DHB-5008aAdult Budget Sheet to determine whether the couple is financially eligible for N or if there is a M deductible, or if they are eligible for M-QB (Q, B or E).
1. Total the couple's gross unearned income from all sources. Enter total GROSS unearned income on Line 1.a.
2. On Line 2 subtract the $20 General Exclusion unless all of the income is from a VA pension.
3. Enter the net unearned income on Line 3 (Line 1 minus Line 2). Go to line 11 if no earned income.
4. Earned Income - Enter total gross earned income of the couple on Line 4.a. (For certain incomes this is the amount after operational expenses.)
5. On Line 5 subtract remainder of the $20 General Exclusion if any used by unearned income. If there is only earned income, subtract the $20 from earned income.
6. Line 6 is the subtotal of earned income (Line 4 minus Line 5).
7. On Line 7 subtract the $65 work expense exclusion from earned income.
8. Enter the difference by subtotaling Line 8 (Line 6 minus Line 7).
9. On Line 9 subtract 1/2 of Line 8.
10. The result on Line 10 is the Net Earned Income (Line 8 minus Line 9).
11. The amount on Line 11 is the Total Net (countable) Income (Line 3 plus Line 10).
12. On Line 12 subtract the couple income maintenance amount for the aid program/category in which eligibility is being evaluated (CN/MN/M-QB/M-WD).
13. Determination of Eligibility for Appropriate Coverage Group
a. Categorically Needy:
(1) If the couple's income on Line 11 is equal to or less than N income level for a couple, the couple is financially eligible for N coverage.
7 (2) If the couple's income on Line 11 is greater than the N level for a couple, the case must be evaluated for M coverage. Coverage under N classification can never have deductibles.
b. Medically Needy: Enter the M couple amount on Line 12 subtract this amount from Line 11. Use the amount of excess income on Line 13 to compute the deductible for the certification period.
c. M-QB (Q, B or E)/M-WD: If the couple M-QB (Q, B or E)/M-WD amount was entered on Line 12 and there is no excess income on Line 13, the couple is eligible for M-QB/M-WD provided they have Medicare.
NOTE: If only one spouse has Medicare you still use the M-QB/M-WD amount at this step.
D. "Medicaid Individual With Ineligible Spouse" (Spouse to Spouse Deeming)
1. Complete Section A of the DHB-5008aAdult Budget Sheet. Follow for budgeting for individual (See IV.B., above). This section of the calculation is based on the individual's income only.
a. Categorically Needy for M-AABD
(1) If the a/b's income on line 11 is equal to or less than the N income level, go to Section B (IV.D.2., below).
(2) If the a/b's income on Line 11 is greater than the N income level for an individual, the individual is ineligible for N coverage. Evaluate for M coverage. This individual cannot be N even if their ineligible spouse's income combined with they are under the N income level in Section C.
b. Medically Needy for M-AABD
Go to Section B (IV.D.2., below).
c. M-QB (Q, B, or E) or M-WD:
(1) If the a/b has Medicare and the income on Line 11 of Section A is greater than the M-QB income limit, stop. The a/b is ineligible for M- QB using SSI budgeting methodology.
(2) If the a/b has Medicare and the income on line 11 of Section A is less than or equal to the M-QB (Q, B, or E) or M-WD income limit for an individual, go to Section B to determine spousal deeming.
2. Complete Section B of the DHB-5008aAdult Budget Sheet to compute ineligible spouse's income.
a. On Line 1 of Section B enter the ineligible spouse's gross unearned income. If it is VA pension, do NOT deem. See MA-2250, Income to the VA section based on need.
8 b. On Line 2 of Section B, subtract the Living Allowance (Refer to Income Table VII. B.) for each ineligible child. If the ineligible child(ren) has any income, subtract their gross income from the Living Allowance and subtract the resulting amount on Line 2.
c. On Line 3 enter the ineligible spouse's unearned income (Line 1 minus Line 2).
d. Earned Income - Enter the ineligible spouse's gross earned income on Line 4 of Section B.
e. On Line 5 of Section B, subtract any portion of the Allowance allocation that remains after subtracting it from unearned income.
f. On Line 6 enter the amount of the ineligible spouse's earned income (Line 4 minus Line 5).
g. Enter total net countable income on Line 7 (Line 3 plus Line 6) and determine if income is to be deemed from the spouse. Refer back to Section IV.C. 13., to determine the a/b's classification.
(1) Categorically Needy (N)
If the a/b's income on Line 11 of Section A is less than or equal to the N income limit for an individual, determine spousal deeming based on the criteria below.
(a) If the amount on Line 7 of Section B is less than or equal to the current Living Allowance for an ineligible spouse, (Refer to Income Table V. B.), do not deem income from the ineligible spouse. Do not use Section C.
Determine eligibility for the a/b based on the N income limit for an individual established in Section A.
(b) If the amount of Line 7 of Section B is greater than the Living Allowance for an ineligible spouse, deem income from the ineligible spouse. Go to Section C.
(2) Medically Needy (M)
If the a/b's income on Line 11 of Section A is greater than the N limit for an individual, they may be eligible as M. Determine spousal deeming based on the criteria below.
(a) If the amount on Line 7 of Section B is less than or equal to 1/2 the M income level for an individual, do not deem income from the ineligible spouse. Do not use Section C.
Compute the a/b's deductible in Section A, using the M income limit for an individual.
9 NOTE: Though income is not deemed from the ineligible spouse, they are financially responsible for the a/b. Therefore, their medical expenses may be applied the a/b's deductible. (Refer to MA-2360, Medicaid Deductible III. E.)
(b) If the amount on Line 7 of Section B is greater than 1/2 the M income level for an individual, deem income from the ineligible spouse. Go to Section C.
(3) M-QB (Q, B, or E) M-WD Coverage
If the a/b's income on Line 11 of Section A is less than or equal to the Q, B, or M-WD income limit for an individual, determine spousal deeming based on the criteria below.
(a) If the amount on Line 7 of Section B is less than or equal to the Living Allowance for an ineligible spouse, (Refer to Income Table V. B.), do not deem the ineligible spouse's income to the a/b. Do not use Section C.
Determine eligibility for the a/b based on the Q, B, or M-WD income limit for an individual, established in Section A.
(b) If the amount on Line 7 of Section B is greater than the Living Allowance for an ineligible spouse, deem income from ineligible spouse. Go to Section C.
3. When income is deemed from the ineligible spouse, complete Section C of the DHB-5008aAdult Budget Sheet to calculate the countable income.
Do not use Section C if income is not deemed from the spouse.
a. Unearned Income - On Line 1.b. of Section C enter the total gross unearned income of the a/b (amount on Line 1 of Section A) enter the ineligible spouse's deemed unearned income (amount on Line 3 of Section B).
b. On Line 2 subtract the $20 General Exclusion unless the only income is VA pension. See MA-2250, Income.
c. Line 3 is the net unearned income (Line 1 minus Line 2). Skip line 11 if no earned income.
d. Earned Income - Enter on Line 4.b. the gross earned income of the a/b plus the earned income deemed from the ineligible spouse. (Amount on Line 4 of Section A plus amount on Line 6 of Section B.)
e. On Line 5 subtract remainder of the $20 General Exclusion if any not used by unearned income.
f. Line 6 (Line 4 minus Line 5) is the subtotal of earned income.
10
g. On Line 7 subtract the $65 work expense exclusion from the earned income.
h. Enter the difference by subtotaling (Line 6 minus Line 7).
i. On Line 9 subtract 1/2 of line 8.
j. Line 10 is the total net earned income (Line 8 minus Line 9).
k. Total income - Line 11 is the total net income (Line 3 plus Line 10).
l. On Line 12 enter the income maintenance amount for a couple the aid program/category in which eligibility is being evaluated (CN/MN/M-QB/M- WD).
m. Determination of Eligibility for the Appropriate Coverage Group.
(1) Categorically Needy: Only evaluate for categorically needy (N) if the a/b's income on Line 11 of Section A is equal to or less than the N income level for one.
(a) If the income on Line 11 is equal to or less than the N income level for a couple, the a/b is financially eligible for N coverage.
(b) If the income on Line 11 is greater than the N income level for a couple, the case must be evaluated under the medically needy income level. Coverage under N classification can never have deductibles.
(2) Medically Needy: Enter the M amount on Line 12 and subtract this amount from Line 11. Use the amount of excess income on Line 13 to compute the deductible for the certification period.
(3) M-QB (Q, B or E) M-WD: If the M-QB (Q, B or E) couple amount was entered on Line 12 and there is no excess income on Line 13, the a/b is income eligible for M-QB/M-WD provided they have Medicare.
NOTE: Remember that according to IV.D.1.c. (1) above, if the a/b's income is greater than the M-QB income limit for 1 person, they are ineligible for M-QB.
E. Parent to Child Deeming - Based on completion of the DHB-5008e Parent To Child Deeming Budget Sheet.
Complete parent to child budgeting when a "Medicaid Child" residing PLA with their parent(s) applies for/receives ABD Medicaid.
1. Section A: Complete Section A of the ABD Medicaid Parent To Child Deeming Budget Sheet. This section computes the parent(s)'s net unearned income.
a. Unearned Income- On Line 1 enter the parent(s)' Gross Unearned Income.
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b. On Line 2 subtract the Living Allowance, for each ineligible child,(Refer to Income Table VII. B.). If the ineligible child(ren) has any income subtract the ineligible child's gross income from the Living Allowance amount prior to subtracting the Living Allowance on Line 2. Use the remainder on line 2.
c. On Line 3 enter parent(s) unearned income (Line 1 minus Line 2).
d. Earned Income - Enter the ineligible parent(s) gross earned income on Line 4 of Section A.
e. On Line 5 of Section A, subtract any portion of the Living Allowance allocation that remains after subtracting it from the unearned income.
f. Line 6 is the amount of parent(s)'s earned income to include in Section B. (Line 4 minus Line 5).
g. Total the net countable income on Line 7 (Line 3 plus Line 6).
(1) If there is zero net countable income on Line 7 of Section A, go to Section C. There is no excess income to deem from the parent(s) to the Medicaid Child.
(2) If there is excess on Line 7 of Section A, complete B of ABD Medicaid Parent to Child Deeming Budget Sheet. Use the unearned and earned income remaining on Lines 3 and 6 of Section A to complete Section B.
2. Complete Section B of the DHB-5008e Parent To Child Deeming Budget sheet. This step computes the amount of the parents' income to deem in Section C.
a. On Line 1 of Section B enter the parent's unearned income (amount from Line 3 of Section A). If it is VA pension, do NOT deem. See MA-2250, Income, VA based on need.
b. On Line 2 of Section B, subtract the $20 General Exclusion.
c. Line 3 is the Net Unearned income (Line 1 minus Line 2). Go Line 11 if no earned income.
d. Earned Income - Enter the parent's earned income on Line 4 of Section B (amount from Line 6 of Section A). For certain incomes this is the amount after operational expenses.
e. On Line 5 of Section B, subtract remainder of the $20 General Exclusion if any not used by unearned income. If there is only earned income, subtract the $20 from earned income.
f. Line 6 is the subtotal of the parent's earned income (Line 4 minus Line 5).
g. On Line 7 subtract the $65 work expense exclusion from income.
h. Enter the subtotal on Line 8 (Line 6 minus Line 7).
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i. Subtract 1/2 of Line 8 on Line 9.
j. Line 10 is the parent(s)' Net Earned Income (Line 8 minus Line 9).
k. Add the Unearned Income from Line 3 to the earned income on Line 10 to get the total net income on Line 11.
l. On Line 12 subtract the individual SSI amount if there is one parent or the couple SSI amount if there are 2 parents in the home.
m. Line 13 is the total parent (s)' income to be deemed to the Medicaid Child. Enter the amount on Line 13.
3. Complete Section C of the Medicaid Parent To Child Deeming Budget Sheet. Include all countable income of the Medicaid child a/b.
a. Unearned Income - On Line 1 of Section C, enter the gross unearned income of the Medicaid child.
b. On Line 2 enter the income deemed from the parent(s) (from Line 13 of Section B).
c. On Line 3 enter the total of Line 1 and Line 2.
d. On Line 4 subtract the $20 General Exclusion.
e. Line 5 is the net unearned income (Line 3 minus Line 4). Go Line 11 if no earned income.
f. Earned Income - Enter on Line 6 the Gross Earned Income of the Medicaid child.
g. On Line 7 subtract remainder of the $20 General Exclusion if any.
h. Subtotal on Line 8 (Line 6 minus Line 7).
i. On Line 9 subtract the $65 work expense exclusion from income.
j. Subtotal on Line 10 (Line 8 minus Line 7).
k. On Line 11 subtract 1/2 of line 10.
l. Line 12 is the net earned income (Line 10 minus Line 11).
m. Total income - Line 13 is the total net income (Line 5 plus 12).
n. On Line 14 enter the income maintenance amount for aid program/category in which eligibility is being evaluated (CN/MN/M-QB).
o. Determination of Eligibility for the Appropriate Coverage Group
(1) Categorically Needy:
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(a) If the a/b's income on Line 13 is equal to or less than the N income level for an individual, the a/b is financially eligible for N coverage.
(b) If the a/b's income on Line ll is greater than the N income level for an individual, the case must be evaluated under the medically needy income level. Coverage under N classification can never have deductibles.
(2) Medically Needy: Enter the M income amount on Line 14 and subtract this amount from Line 13. Use the amount of excess income on Line 15 to compute the deductible for the certification period.
(3) M-QB (Q, B or E): If the M-QB (Q, B or E) amount was entered on Line 14 and there is no excess income on Line 15, the a/b is eligible for M-QB provided they have Medicare.
V. MQB Family size budgeting
Because of a court ruling, DHB must determine MQB eligibility based upon “family size,” which includes the a/b, the spouse if there is one, and any dependent children under age 18 living in the home. The decision of the court applies to all MQB classifications. Although MAABD budgeting is not affected, budgeting for dual eligible is impacted by the change in methodology.
System changes are needed to accommodate more MQB maintenance levels and income limits for MAABD and MQB dual eligible. System changes to accommodate the new budgeting methodology cannot be made at this time. However, we must take those steps which are immediately possible to comply with the court ruling.
15 (V.)
A. Family Size Budgeting Methodology and Applicable Definitions
The new budgeting methodology utilizes “family size” and financial responsibility in place of the SSI budgeting deeming methodology.
1. For an adult a/b, family consists of:
a. The a/b;
b. Their financially responsible spouse; and
c. Any children under age 18 who live in the home for whom their spouse bears financial responsibility (for a discussion of financial responsibility, see II. above).
2. For a blind or disabled child, family consists of:
(1) The a/b;
(2) Their parent(s); and
(3) Any children in the home for whom either of their parent(s) bears financial responsibility (for a discussion of financial responsibility, see II. above).
B. Methodology
1. Compare countable income of the a/b and any family members who are financially responsible for the a/b to the income limit for the applicable family size. Follow procedures in MA-2250, Income, to determine countable income.
2. Continue to use existing resource policy and resource limits as outlined in MA- 2230, Financial Resources, and IV. above.
C. Procedure
1. Evaluate for MAABD and MQB-Q eligibility first using SSI budgeting methodology as outlined in III. above.
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2. If the a/b is ineligible for MQB-Q using SSI budgeting methodology, evaluate for MQB-Q, MQB-B, and MQB-E eligibility using the family size budgeting methodology. Complete a separate budget sheet (DHB-5008aAdult Budget Sheet) for each budgeting methodology employed. See V.D. for instructions on completing the DHB-a, Adult Budget Sheet. See VII. for income levels.
Note: There is no need to apply Family Size budgeting to a Medicaid couple with no children.
3. If the a/b is determined eligible for MQB using the family size budgeting methodology, enter the applicable family size in the “Needs Unit” field on the DSS-8125. DHB will use the Needs Unit field for tracking purposes until the needed system changes can be made. Do not make an entry in the Needs Unit field if the individual is eligible for MQB-Q using SSI budgeting methodology.
D. MQB Family Size Budgeting Computation (Based on Completion of DHB’s Budget Sheet)
1. Complete applicable sections A through D above using SSI budgeting methodology to first establish ineligibility for MAABD/MQB-Q prior to proceeding with Section D.
2. If not eligible for MQB-Q using SSI budgeting methodology, complete Section D of the worksheet to determine if the individual is eligible for MQB-Q, B or E using Family Size Budgeting.
Note: There is no need to apply Family Size budgeting to a Medicaid couple with no children.
a. Indicate whether individual is:
(1) A Medicaid Individual with an Ineligible Spouse, and/or
(2) A Medicaid Individual with children in the home for whom their spouse bear financial responsibility, and/or
(3) Medicaid Couple with children in the home for whom their spouse bear financial responsibility.
17 b. For the income calculation, include countable income of the a/b and any family member who is financially responsible for the a/b.
c. Unearned Income - Enter total GROSS unearned income on Line 1.
d. On Line 2 subtract the $20 General Exclusion unless the income is VA Pension.
e. Enter the Net Unearned income on Line 3 (Line 1 minus Line 2). Go to Line 11 if no earned income.
f. Earned Income - Enter total gross earned income on Line 4. (For certain incomes this is the amount after operational expenses.)
g. On Line 5 subtract remainder of the $20 General Exclusion if any not used by unearned income. If there is only earned income, subtract the $20 from earned income.
h. Line 6 is the subtotal of earned income (Line 4 minus Line 5).
i. On Line 7 subtract the $65 work expense exclusion from earned income.
j. Enter the subtotal on Line 8 (Line 6 minus Line 7).
k. On Line 9 subtract 1/2 of Line 8.
l. The result on Line 10 is the Net Earned Income (Line 8 minus Line 9).
m. The amount on Line 11 is the Total Net (countable) Income (Line 3 plus Line 10).
n. On Line 12 enter the income maintenance amount corresponding to the applicable Needs Unit (see chart below) for the aid program or categories in which eligibility is being evaluated (MQB-Q/B/E).
o. Enter excess income on line 13 (Line 11 minus line 12).
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VI. RESOURCE RESPONSIBILITY
There are two different methods to calculate reserve for an a/b based on the rules for determining financial responsibility. One method counts the total resources of the Medicaid Individual, Medicaid Couple or Medicaid Individual with an Ineligible Spouse. The second method "deems" or indirectly counts a portion of a financially responsible parent(s)'s resources as available to the Medicaid child.
A. Counting the resources of the Medicaid Individual, Medicaid Couple or Medicaid Individual with an Ineligible Spouse
1. Determine financial responsibility as appropriate for the a/b based on the criteria in II. above.
2. Based on financial responsibility that is established for the a/b, count resources as follows:
a. If the a/b is a "Medicaid Individual":
(1) Count the resources available to the a/b only to determine reserve eligibility.
(2) Use the reserve limit for one (see VII. for income/reserve limits).
b. If the a/b is a "Medicaid Couple" or a "Medicaid Individual with an Ineligible Spouse":
(1) Count the total combined resources of both spouses to determine reserve eligibility.
(2) Use the reserve limit for a couple (see VII. for income/reserve limits).
NOTE: Exclude private retirement accounts, i.e., IRA or KEOGH owned by the ineligible spouse.
c. If the a/b is a "Medicaid Child":
(1) Deem a portion of the financially responsible parent(s) resources to the a/b to determine reserve eligibility. See VI.B. below for reserve deeming instructions.
(2) Use the resource limit for one.
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B. RESERVE DEEMING PROCEDURES AND COMPUTATIONS
Deem resources of a parent(s) to a "Medicaid Child" (parents not receiving SSI, AAF or CAP).
1. If only one parent is living in the household:
a. Determine the parent's countable resources.
b. Subtract the individual resource limit from the parent’s countable resources (see VII. for income/reserve limits).
c. Deem the excess from 1.A., above to the eligible child(ren).
(1) If there is only one child in the household who is applying for or receiving M-AABD/M-QB, deem all of the excess resources of the parent to that child.
(2) If there is more than one child in the household who is applying for or receiving M-AABD/M-QB, divide the excess resources of the parent equally among those children.
(3) There is no exclusion from the parent's resources for children in the household who are not applying for or receiving M-AABD/M-QB.
d. Add the reserve deemed from the parent to the child's countable resources to determine the child's total countable reserve. Compare this amount to the reserve limit for one.
e. Do not deem parent's resources when an M-AABD/M-QB child is defined as a "Medicaid Individual."
2. If two parents live in the household:
a. Determine the parents' total countable resources.
b. Subtract the couple resource limit from the combined resources of both parents (see VII. for income/reserve limits).
c. Deem the amount of excess reserve from 2.b., above to the eligible child(ren).
(1) If there is only one child in the household who is applying for or receiving M-AABD/M-QB, deem all of the excess resources of the parents to that child.
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(2) If there is more than one child in the household who applying for or receiving M-AABD/M-QB, divide the excess resources of the parents equally among those children.
(3) There is no exclusion from the parents' resources for children in the household who are not applying for or receiving M-AABD/M-QB
d. Add the reserve deemed from the parents to the child's countable resources to determine the child's total countable reserve compare this amount to the reserve limit for one.
VII. INCOME TABLE
Refer to MA-2252, MEDICAID INCOME/RESERVE LIMITS.
North Carolina Department of Health and Human Services Division of Medical Assistance Medicaid Eligibility Unit AGED, BLIND AND DISABLED MEDICAID MANUAL Transmitted by Change No.12-03
MA-2261
1/3 Reduction 10/01/02 1
MA-2261: 1/3 REDUCTION{ XE "1/3 REDUCTION" } 10/01/02
I. A. 1. 2. 3. 4. 5. 6. RULES FOR USE OF FULL INCOME LEVEL OR 1/3 REDUCTION{ XE "RULES FOR USE OF FULL INCOME LEVEL OR 1/3 REDUCTION" } When determining eligibility, you must determine whether to use the full income level (maintenance allowance) or the 1/3 reduced income level. Full Income Level{ XE "Full Income Level" } Use the full income level in determining eligibility in the following situations: The individual or his spouse has: a. Ownership Interest- The individual or his spouse owns or has any ownership interest in the dwelling where he lives. b. Rental Agreement - The individual or his spouse has a rental agreement for a house, apartment, room (boarding house, hotel), or other commercial situation. Sharing{ XE "Sharing" } - The individual is paying his proportionate share. This is determined by dividing the expenses by the number of household members. The individual is presumed to be sharing if he resides in an all public assistance household. Refer to II. below for procedures. The individual separately purchases food or shelter. a. Separate purchase can be direct separate purchase or by paying his share of household expenses. b. If an a/r pays for other expenses and it is agreed upon by other household members that what he pays covers his requirement for shelter and food, the full income limit may be used to determine eligibility. Example: A/R lives with relatives. They pay all shelter costs and he pays for everyone's food. There is an agreement that the value of the food the a/r purchases covers his shelter expense. The a/r is considered to be paying for his shelter cost. Use full income level to determine his eligibility. The individual is a domestic or agricultural employee who is provided food and shelter as part of his salary. The individual is a child (under 18) living in the household of a parent or spouse of such parent. When counting in-kind support and maintenance (in-kind income) the full income level is used. Refer to MA-2250, Income.
AGED, BLIND AND DISABLED MEDICAID MANUAL Transmitted by Change No.12-03
MA-2261
1/3 Reduction 10/01/02
2 B. II. A. B. 1. (1) (2) 2. C. (I.) 1/3 Reduced Income Level{ XE "1/3 Reduced Income Level" } Use the 1/3 reduced income level in determining eligibility when the individual/couple does not meet the requirements in A. above. 1/3 REDUCTION{ XE "1/3 REDUCTION" } If the a/r does not meet criteria in I.A. above, evaluate 1/3 reduction at each application and redetermination. Verification of Expenses{ XE "Verification of Expenses" } Applications and Redeterminations{ XE "Applications" } Require that the a/r provide proof of expenses (bills, receipts, statements, etc.) If he fails to provide evidence that he is meeting his proportionate share of the household expenses, apply the 1/3 reduced income level. Determining Proportionate Share{ XE "Determining Proportionate Share" } If the a/r is living in the home of another and there is no rental agreement nor ownership interest, determine if he pays his proportionate share of household expenses. Total all monthly costs related to food, mortgage, or rental payments, real property taxes, heating fuel, gas, electricity, water, sewer, garbage removal. a. Divide costs by the number of individuals in the household, including the a/r, to obtain the proportionate share (i.e. a/r lives with a couple who have two children. Divide costs by five). b. Compare the proportionate share to the amount usually paid by the a/r. c. Do not apply the 1/3 reduction in the income level if the amount paid by the a/r equals or exceeds his proportionate share. d. Apply the 1/3 reduction in the income level if: The amount paid by the a/r is less than his proportionate share, or The a/r’s income is not enough to pay his proportionate share. Document your decision on the DMA-5008/5007. Income Levels{ XE "Income Levels" } Refer to the Income Table in MA-2260,Financial Responsibility Regulations PLA, for the appropriate income levels for an individual or couple.
North Carolina Department of Health and Human Resources Division of Medical Assistance Medicaid Eligibility Unit AGED, BLIND, AND DISABLED MEDICAID MANUAL MA-2262
SPONSOR DEEMING
MA-2262 SPONSOR DEEMING REVISED 11/01/11 – CHANGE NO. 17-11
I. INTRODUCTION
The Personal Responsibility Work Opportunity and Reconciliation Act of 1996 (PRWORA), as amended by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, P.L. 104-208, and the Balanced Budget Act of 1997, P.L. 105-33, created new rules for deeming income and resources from an alien sponsor to certain sponsored aliens.
Section 413 of PRWORA, as amended by 213A of the Immigration and Nationality Act required development of an Affidavit of Support I-864 under which the sponsor must agree to:
A. Provide financial support to the sponsored alien to prevent the sponsored alien from becoming a public charge. (See MA-2504, Alien Requirements, for information on public charges.), and
B. Accept liability for the cost of any means-tested public benefit, including Medicaid, provided to the alien.
II. DEFINITIONS
A. Sponsored Alien: An alien admitted lawfully for permanent residence sponsored by an individual who has signed an Affidavit of Support, Form I-864.
B. Sponsor: A person who signed an Affidavit of Support on behalf of an alien as a condition of the alien’s entry or admission to the U.S. Only individuals are considered sponsors. Organizations and institutions, such as churches or service clubs, are not considered sponsors. An alien may have more than one sponsor.
C. Deemed Income/Resources: The process of considering a sponsor’s income and resources for the alien.
D. Sponsor Deeming: For aliens admitted due to a sponsor, the sponsor and/or the sponsor’s spouse are financially responsible for the alien by deeming their income to the alien a/r following rules in this section. They are not considered part of the budget unit and do not need to live with the alien.
1
North Carolina Department of Health and Human Services AGED, BLIND, AND DISABLED MEDICAID MANUAL MA-2262
SPONSOR DEEMING
2 REISSUED 11/01/11 – CHANGE NO. 17-11 (II.) E. Affidavit of Support: This is a statement of a sponsor’s income, resources, and willingness to support an alien. It is filed with the BCIS by a U.S. citizen or LPR who sponsors an alien seeking admission to the U.S. as a permanent resident.
III. POLICY PRINCIPLES
A. Legal Permanent Residents (LPR’s) whose sponsor signs the I-864 Affidavit are subject to alien sponsor deeming rules. (See V., Immigrants Affected by Alien Sponsor Deeming) B. Count the income and resources of sponsors who sign the I-864 Affidavit in determining the sponsored alien’s eligibility for Medicaid and NCHC.
C. Count the income and resources of the sponsor’s spouse. This is limited to situations in which the sponsor’s spouse is living with the sponsor.
D. Sponsor deeming begins with the month in which an alien is lawfully admitted into the U.S. for permanent residence or an alien’s status is adjusted to legal permanent resident status.
E. There is no absolute time limit on the application of the deeming rules to affected aliens. (See XI., Time Limit for Sponsor Deeming.)
F. Sponsor deeming ends once an alien accrues 40 qualifying quarters of work credit (See MA-2504, Alien Requirements, for procedures on verifying 40 qualifying quarters.) or becomes a U.S. citizen.
G. Always verify the sponsor’s income and resources when determining eligibility for a sponsored alien. (Aliens exempt from deeming do not need to provide information about their sponsor’s income or resources.)
H. Do not consider the sponsor or his spouse as part of the alien a/r’s budget unit. The alien a/r is not required to live with the sponsor.
I. Do not accept the alien a/r’s statement as verification of whether he has a sponsor. You must verify sponsorship. See IV. and VIII. below.
J. Apply the regular Medicaid budgeting rules for:
1. An alien whose sponsor is the alien’s spouse provided that the LPR is living with the spouse, and
2. Aliens who are sponsored by a parent and who either are under age 21 for Family and Children’s or under age 18 for Aged, Blind and Disabled.
North Carolina Department of Health and Human Services AGED, BLIND, AND DISABLED MEDICAID MANUAL MA-2262
SPONSOR DEEMING
2 REVISED 07/01/10 – CHANGE NO. 11-10 (III.)
K. If the child is under age 21 for Family and Children’s or under age 18 for Aged, Blind and Disabled, count income as a parent rather than a sponsor. If the child is over these ages, count the parent or spouse’s income as a sponsor.
IV. ALIENS EXEMPT FROM SPONSOR DEEMING
The following aliens are not subject to the alien sponsor deeming rules:
A. LPRs who entered the country before December 19, 1997;
B. LPR’s who applied for a visa or adjusted their status before December 19, 1997;
C. Any alien eligible only for emergency coverage;
D. Aliens who are victims of domestic violence or extreme cruelty (battered aliens). See VI. Battered Alien Exemption below;
E. Indigent aliens (See VII. Indigent Alien Exemption below.);
F. LPRs who adjusted from refugee or asylee status;
G. Qualified aliens who are sponsored by an organization or who are not required to have a sponsor (i.e. refugees, asylees, parolees, and Cuban and Haitian entrants, victims of a severe form of trafficking and aliens whose deportation is being withheld).
H. Aliens who have become a U.S. citizen or accrue 40 qualifying quarters of work credit. (See MA-2504, Alien Requirements, for procedures on verifying 40 qualifying quarters.)
I. Aliens whose sponsor did not sign the I-864 Affidavit; and
J. Aliens whose sponsor signed one of the following forms.
1. INS Form I-134 – Affidavit of Support
2. INS Form I-361 – Affidavit of Financial Support and Intent to Petition for Legal Custody for P.L. 97-459 Amerasian
North Carolina Department of Health and Human Services AGED, BLIND, AND DISABLED MEDICAID MANUAL MA-2262
SPONSOR DEEMING
3 REISSUED 07/01/10 – CHANGE NO. 11-10
V. IMMIGRANTS AFFECTED BY ALIEN SPONSOR DEEMING
Legal Permanent Residents (LPR’s) who applied for LPR status on or after December 19, 1997, and whose sponsor signed the I-864 Affidavit are subject to alien sponsor deeming rules. Not all sponsors of aliens who entered the country or applied for LPR status on or after December 19, 1997, are required to sign the I-864 Affidavit.
LPRs who are ineligible for full Medicaid because of sponsor deeming may still be evaluated for emergency Medicaid.
VI. BATTERED ALIEN EXEMPTION
A. Suspend sponsor deeming if the alien meets the following requirements.
1. A qualified alien, a qualified alien’s child, or a qualified alien child’s parent has been battered or subjected to extreme cruelty in the United States. The alien must provide evidence of abuse which includes but is not limited to:
● Reports or affidavits from police, judges or other court officials, medical personnel, school officials, clergy, Child Protective Services’ staff, or counselling or mental health personnel,
● Signed statement from a staff member at a shelter for battered individuals or homeless persons,
● Rental records or utility receipts in the battered alien’s name,
● School records,
● Statement by family member, friend, or other person knowledgeable of the battered alien’s circumstances; or
● Signed statement by the battered alien.
NOTE: The alien does not have to have an approved Violence Against Women Act (VAWA) petition, a prima facie approval of a VAWA petition, a VAWA cancellation of removal, or a prima facie approval of a VAWA cancellation in order to be exempt from sponsor deeming. However, if he does have one of these documents, it is verification that he has been subjected to extreme cruelty and no further verification is needed.
North Carolina Department of Health and Human Services AGED, BLIND, AND DISABLED MEDICAID MANUAL MA-2262
SPONSOR DEEMING
5 REVISED 07/01/10 – CHANGE NO. 11-10 (VI.A.) 2. There is a substantial connection between the battery and the need for benefits. See MA-2504, Alien Requirements, for verification procedures.
3. The individual subject to such battery or cruelty does not live in the same household with the individual responsible for the cruelty or batterer. There is an exception made if the alien needs the assurance of the availability of benefits in order to leave the batterer and survive independently. See MA- 2504, Alien Requirements, for verification procedures.
B. When the battery exemption is allowed, deeming shall be suspended for 12 months.
C. After 12 months, the alien shall continue to be exempt from sponsor deeming only if:
1. The alien demonstrates that the battery or cruelty has been recognized in an order of a judge or administrative law judge or a prior determination of the BCIS, and
2. There is a substantial connection between the abuse or battery suffered by the alien applicant, the alien applicant’s child, or in the case of an alien child, the alien applicant’s parent and the need for the benefit sought. (See MA-2504, Alien Requirements, for information on determining a substantial connection.)
NOTE: Battered aliens are subject to the 5-year disqualification period. Also, please note that the requirements to be eligible for the battered alien sponsor deeming exemption are NOT the same as the requirements to be a battered alien for purposes of being a qualified alien. They are separate decisions that must be made. See MA- 2504, Alien Requirements.
VII. INDIGENT ALIEN EXEMPTION
An indigent alien is someone that the county agency has determined is unable to obtain food and shelter, taking into account the alien’s own income, plus any cash, food, housing, and other assistance provided by other individuals, including the sponsor(s).
A. Contact the Food Stamp (FS) caseworker to determine if they have determined the a/r is indigent. Use the FS decision as verification of indigence and document the record.
North Carolina Department of Health and Human Services AGED, BLIND, AND DISABLED MEDICAID MANUAL MA-2262
SPONSOR DEEMING
6 REVISED 07/01/10 – CHANGE NO. 11-10 (VII.) B. If Food Stamps has determined the a/r is indigent, you:
1. Do not count the sponsor’s income or resources in determining the a/r’s eligibility for Medicaid.
2. Count only the actual amount of cash support from the sponsor provided over a 12-month period beginning with the month of determination.
3. At the next redetermination, re-verify with FS whether the recipient continues to meet the indigence requirements. Each indigent determination is renewable for additional 12-month periods.
C. If the alien a/r has not applied for Food Stamps, advise the a/r to apply so a determination regarding indigence can be made. If the a/r refuses to apply for food stamps, contact the Medicaid Eligibility Unit for assistance in determining indigence.
D. If the alien a/r is found ineligible for Food Stamps, do not consider him indigent and deem the sponsor’s income to the alien.
VIII. SPONSORSHIP VERIFICATION AND DOCUMENTATION
A. Do not verify alien sponsorship in the following circumstances:
1. The county determines that the alien is not an LPR or that the alien became an LPR prior to December 19, 1997; or
2. The county determines that the alien has, or can be credited with, 40 qualifying quarters. (See MA-2504, Alien Requirements, for information on 40 qualifying quarters.),
3. The alien is ineligible for Medicaid based on his or her own income and resources, or is ineligible for some reason unrelated to income and resources, or
4. The alien is exempt from alien sponsor deeming as noted in Section IV. above.
B. To verify alien sponsorship, you must:
1. Complete form G-845S and G-845 Supplement. See MA-2504, Alien Requirements, for a copy of these forms and instructions for completing them.
North Carolina Department of Health and Human Services AGED, BLIND, AND DISABLED MEDICAID MANUAL MA-2262
SPONSOR DEEMING
7 REISSUED 07/01/10 – CHANGE NO. 11-10 (VIII.B.1.) 2. Submit the G-845S to the Bureau of Citizen and Immigration Services at the address below.
Bureau of Citizenship and Immigration Services Charlotte Sub Office 6130 Tyvola Centre Dr. Charlotte, NC 28217
3. Following receipt of the form, BCIS notifies the county if the alien was sponsored under the I-864 Affidavit and, if so, the name and social security number of the sponsor.
C. Documentation
1. Make a copy of the verification document(s) and attach them to the a/r’s permanent record.
2. Once sponsorship has been verified, you do not have to re-verify unless you learn the previous verification is questionable.
IX. INCOME POLICY
A. Available Income
1. The sponsor’s income can be deemed only to the alien he sponsors. The sponsor’s income cannot be deemed to anyone who is not named on the I-864 Affidavit.
Example: Tom, an immigrant, and his son, John, age 8, came to the U.S. as lawful permanent residents in December 1995. Tom’s wife, Brenda, is not able to come to the U.S. until January 1998. She is sponsored by her brother, a naturalized U.S. citizen, who signs the I-864 Affidavit. Brenda, Tom, and John all live together.
If Brenda applies for Medicaid for herself, the income and resources of her brother count in determining her eligibility because he signed the I-864 sponsoring her. If son John had come to the country with Brenda, and been named on the Affidavit signed by Brenda’s brother, then Brenda’s brother’s income and resources would be counted in determining the eligibility of both Brenda and John for either Medicaid or NCHC. Tom’s income also would count as spouse/parent to Brenda and John.
North Carolina Department of Health and Human Services AGED, BLIND, AND DISABLED MEDICAID MANUAL MA-2262
SPONSOR DEEMING
8 REISSUED 07/01/10 – CHANGE NO. 11-10 (IX.A.1.) If Brenda applies for Medicaid for John only, Brenda’s brother’s income and resources would not be considered in determining John’s eligibility for Medicaid or NCHC. You would count Brenda’s and Tom’s income and Resources, if appropriate, excluding any income/resource deemed to her by her sponsor for John.
2. Deem the income of both the alien sponsor and the sponsor’s spouse to the sponsored alien. Deem the sponsor’s spouse’s income to the alien as long as the spouse lives with the sponsor.
3. The income of other members of a sponsor’s household should never be deemed to the sponsored alien.
4. A sponsor without adequate resources and/or income may rely upon a ‘joint sponsor’ who may or may not be a member of the sponsor’s household and may or may not be related to the sponsored alien. However, the joint sponsor must sign an I-864 Affidavit of Support. In such cases, the income of both the primary sponsor and the joint sponsor(s), as well as their respective spouses, must be deemed to the sponsored alien.
B. Countable Income for the Sponsor
1. Apply the current Medicaid policy for determining what is countable income for the sponsor and/or spouse. Apply the same definitions, base periods, exclusions, and disregards to the sponsor’s income that are applied to a/r’s. See MA-2250, Income. Do not budget for ineligible spouse – just determine the net countable income of the sponsor and his spouse.
2. Count the deemed amount as unearned income to the a/r.
X. RESOURCES
A. Available Resources
1. The sponsor’s resources can be deemed only to the alien he sponsors. The sponsor’s resources cannot be deemed to anyone who is not named on the I- 864 Affidavit.
Example: Tom, an immigrant, and his son, John, age 8, came to the U.S. as lawful permanent residents in December 1995. Tom’s wife, Brenda, is not able to come to the U.S. until January 1998. She is sponsored by her brother, a naturalized U.S. citizen, who signs the I-864 Affidavit. Brenda, Tom, and John all live together.
North Carolina Department of Health and Human Services AGED, BLIND, AND DISABLED MEDICAID MANUAL MA-2262
SPONSOR DEEMING
9 REISSUED 07/01/10 – CHANGE NO. 11-10 (X.A.1.) If Brenda applies for Medicaid for herself, the income and resources of her brother count in determining her eligibility because he signed the I-864 sponsoring her. If son John had come to the country with Brenda, and been named on the Affidavit signed by Brenda’s brother, then Brenda’s brother’s income and resources would be counted in determining the eligibility of both Brenda and John for either Medicaid or NCHC. Tom’s income also would count as spouse/parent to Brenda and John.
If Brenda applies for Medicaid for John only, Brenda’s brother’s income and resources would not be considered in determining John’s eligibility for Medicaid or NCHC. You would count Brenda’s and Tom’s income and resources, if appropriate, excluding any income/resource deemed to her by her sponsor for John.
2. Deem the resources of both the alien sponsor and the sponsor’s spouse to the sponsored alien. Deem the sponsor’s spouse’s income to the alien as long as the spouse lives with the sponsor.
3. The resources of other members of a sponsor’s household should never be deemed to the sponsored alien.
4. A sponsor without adequate resources and/or income may rely upon a ‘joint sponsor’ who may or may not be a member of the sponsor’s household and may or may not be related to the sponsored alien. However, the joint sponsor must sign an I-864 Affidavit of Support. In such cases, the resources of both the primary sponsor and the joint sponsor(s), as well as their respective spouses, must be deemed to the sponsored alien.
B. Countable Resources
Apply the current Medicaid policy for determining what is countable resources for the sponsor. Apply the same definitions and exclusions for the sponsor’s resources that are applied to a/r’s. See MA-2230, Resources.
Compare the amount of countable resources of the sponsor and the a/r to the resource limit to determine if the a/r is eligible for Medicaid.
XI. TIME LIMIT FOR SPONSOR DEEMING
There is no absolute time limit on the application of the deeming rules to affected aliens. However, discontinue deeming a sponsor’s income in the following situations:
North Carolina Department of Health and Human Services AGED, BLIND, AND DISABLED MEDICAID MANUAL MA-2262
SPONSOR DEEMING
10 REVISED 07/01/10 – CHANGE NO. 11-10 (XI.)
A. The alien’s sponsor dies,
B. The sponsored alien becomes a naturalized citizen,
C. The sponsored alien has worked, or can be credited with, 40 qualifying quarters. (See MA-2504, Alien Requirements)
D. The sponsored alien leaves the U.S. permanently.
North Carolina Department of Health and Human Services North Carolina Medicaid Division of Health Benefits AGED, BLIND AND DISABLED MEDICAID MANUAL MA-2270 _______________________________________________________________________ LONG TERM CARE BUDGET NEED AND BUDGETING __ 1
REVISED 06/16/2026 – CHANGE NO. 08-26
I. INTRODUCTION
This section contains instructions for determining income eligibility of individuals in long term care. Long term care is extended care in a hospital or medical facility listed below. Medicaid helps to pay the cost of care for an eligible individual. The applicant/beneficiary (a/b) must also meet all other eligibility requirements including resource limits MA-2230, Financial Resources for resource protection, MA-2231, Community Spouse Resource Protection, and MA-2240 Transfer of Assets.
II. WHEN TO USE LTC BUDGETING
Use LTC budgeting when a person meets all of the criteria below.
A. The a/b must have begun a continuous period of institutionalization (CPI). The definition of CPI is 30 consecutive days in a medical facility or combination of two or more medical facilities. If the individual in one of these facilities is discharged home or to an adult care home during the first 30 days, there is no CPI. The CPI continues if the a/b is discharged from a Medicaid facility but returns within 30 days.
1. The a/b enters a medical facility from a private living arrangement or an adult care home. A medical facility is an institution that primarily provides inpatient medical care (not residential care). A medical facility could be:
a. A Medicare-Medicaid certified nursing facility, ICF-MR, Skilled nursing facility (SNF), or SNF Rehab. (Refer to III. if the facility is not yet certified.)
• A hospice beneficiary is considered long term care if the person is admitted to a hospice inpatient facility or is a patient in a hospital/nursing facility under contract with hospice. If not an inpatient, budget PLA.
b. Skilled nursing care in a general hospital (called a swing bed or inappropriate level of care bed).
c. Psychiatric unit in a state mental hospital (Dix, Broughton, Umstead, and Cherry) when the a/b is:
(1) Age 65 or older, or Docusign Envelope ID: 950E9248-29CC-8930-81BC-BCEC667EB493
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(2) Under age 21, or
(3) Under age 22, and had 21st birthday while a patient in the state mental hospital.
d. Under age 21, or Psychiatric Residential Treatment Facility (PRTF) when the a/b is:
(1) Under age 21, or
(2) Under age 22 and had their 21st birthday while a patient in the psychiatric residential treatment facility.
e. General/Acute Care Hospital
OR
2. The a/b is admitted to a general/acute care hospital, psychiatric unit of a state mental hospital, or PRTF and their inpatient stay (of any length) ends with a direct move to one of the medical facilities listed in II.A.1.a. or 1.b. above,
OR
3. The a/b is admitted to a general/acute care hospital, psychiatric unit of a state mental hospital, or PRTF and their inpatient stay exceeds 30 continuous days, regardless of whether they go home or into an adult care home.
B. The a/b must have a completed FL-2/MR-2, if required, with at least telephone prior approval. The FL-2 may also be an electronic version and should be printed and put in the record. (See Table D) The local agency may accept telephone and fax verification of the prior approval from the facility. The caseworker must document who they spoke with, that person’s position, the facility they work with and the service review number (SRN).
The hospital social worker, local agency, medical facility representative, physician or Local Management Entity (LME) must initiate and complete an FL- 2/MR2. The FL-2 is forwarded to the Claims Processing Contractor Prior Approval Unit and the MR-2 is forwarded to the Murdoch Center for approval (refer to XV., below). The FL-2 is the Long-Term Care Services prior approval form and the MR-2 is the Mental Health Services prior approval form. It gives a summary of the patient's medical requirements. Medicaid will help to pay cost of care for an eligible individual with an approved FL- 2/MR-2. FL-2 is required for a swing bed.
FL-2/MR-2 is not applicable to psychiatric residential treatment facilities. PRTF services have a separate prior approval process. The county department of social services is not responsible for PRTF prior approval. Do not delay long term care budgeting for PRTF approval.
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C. Effective date of LTC Budgeting
Long Term Care Budgeting begins:
1. The month after the CPI begins when placed in a Medicaid certified nursing facility or swing bed or inappropriate level of care bed in a general hospital.
2. The month after the CPI begins when the a/b is admitted to a general/acute care hospital, psychiatric unit of a state mental hospital, or PRTF and their inpatient stay (of any length) ends with a direct move to one of the medical facilities listed in II.A.1.a. or 1.b. above.
3. The month following the month of the 30th continuous inpatient day when placed in a general/acute care hospital, psychiatric unit of a state mental hospital, or PRTF.
For example, an a/b enters a general/acute care hospital on March 18th. The 30th continuous inpatient day is April 16th. Long-term care budgeting begins May 1st.
III. EXCEPTIONS TO LTC BUDGETING
Do not use LTC budgeting procedure when:
A. The case is under a transfer of resource sanction; or
B. The FL-2/MR-2 has not been received in the agency, if required; or
C. The FL-2/MR-2 recommends adult care home level of care; or
D. Individual resides in a facility which is not certified for Medicaid participation; or
E. The individual is under VA contract for payment of cost of care; or
F. The individual is not in a Medicaid bed. When any of these conditions occur, proceed to XIII. in this section for other instructions.
IV. DETERMINING ELIGIBILITY FOR THE MONTHS PRIOR TO LONG-TERM CARE BUDGETING
A. Individuals Under Age 21
If the institutionalized a/b is under 21, has not been determined disabled or blind (not receiving SSI/SSA or MAD), and is expected to remain institutionalized for over 12 full months, evaluate for long-term care eligibility under Family and Children's coverage groups.(See Family and Children’s Medicaid Manual, MA-3325, Long Term Care Budgeting.)
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B. Aged, Blind, or Disabled Adult/Child Who is an Applicant/Beneficiary 1. For all months prior to the month the CPI begins, the a/b is budgeted PLA and should be budgeted with all persons who are financially responsible for them. (Refer to MA-2260, Financial Eligibility Regulations – PLA.)
2. Effective the month the CPI begins, the budget unit is one.
a. Count only the a/b’s income and determine eligibility under private living arrangement (PLA). Do not count income of the a/b's spouse/parent.
b. Allow the reserve limit for one, plus the amount of resources protected for the spouse. Refer to MA-2231, Community Spouse Resource Protection.
c. Do not count the PLA homesite as a resource for the first month of the CPI because it was the homesite as of the "first moment." Beginning with the second month of the CPI it is no longer excluded as the a/b’s homesite. It is a countable resource unless it can be excluded on another basis (cusp's homesite, intent to return, etc.). V. LONG TERM CARE BUDGETING COMPUTATION
A. Determine Whose Income to Count
1. Count only the a/b’s income in determining financial eligibility when the a/b does not have a spouse, or the a/b is an institutionalized disabled child.
2. Count only the a/b’s income when the a/b is married but the spouse remains in a private living arrangement, or in a separate LTC facility, or they share a LTC room but only one spouse requests Medicaid to pay for cost of care.
3. Count both spouse's income when they share a room in a facility and both request Medicaid to pay for cost of care.
B. Establish Financial Eligibility (STEP I)
The a/b must be financially eligible for Medicaid in order to receive help with cost of care. There are several different ways to establish financial eligibility. These are explained in items 1-4 beginning with the most frequently used method. A person only has to qualify under one of the methods. Use DHB- 5008, SUPPLEMENT B, as a guide. Financial eligibility (Step I) is already established for SSI Medicaid beneficiaries. Refer to MA- 1100, SSI Medicaid- County DSS Responsibility.
1. Nursing Facility's Medicaid Reimbursement Rate (DHB-5008, SUPPLEMENT B, Step I., A.)
Each facility has an assigned Medicaid reimbursement daily rate based Docusign Envelope ID: 950E9248-29CC-8930-81BC-BCEC667EB493
5
on the medical needs of the facility’s population. To find that rate: https://ncdhhs.servicenowservices.com/fee_schedules Rates are adjusted quarterly. 2. Facility's Private Rate (DHB-5008, SUPPLEMENT B, Step I., B.) When the a/b’s gross income is greater than the Medicaid reimbursement rate for the facility, determine if net income (after exclusions) is less than the facility's private rate. Contact the facility to establish the facility's private rate for 31 days. Compare net income to the facility's private rate to establish whether financial eligibility exists.
a. Determine Net Countable Income From gross income subtract:
(1) PLA exclusions, deductions, disregards, exemptions, and the MN PLA maintenance allowance.
(2) The net countable income is only used to determine financial eligibility in Step 1. Do not use this amount in STEP II to determine patient monthly liability (pml).
b. Compare net countable income to private rate for 31 days.
(1) If net countable income is less than or equal to the facility's private rate, the person is financially eligible. Proceed to Step II to determine the patient monthly liability
(2) If net countable income is greater than facility's private rate, continue to 3, below.
3. Needs Test Using All Other Predictable Medical Expenses (DHB-5008, SUPPLEMENT B Step I., C.) Use the same net countable income calculated in 2., above and:
a. Subtract the facility's private rate for 31 days.
b. Compare the amount left to the total amount of predictable medical expenses that will not be covered by the nursing facility.
(1) If the predictable medical expenses are equal to or greater than the income, financial eligibility exists. Proceed to STEP II.
(2) If predictable medical expenses are less than the income, the a/b is financially ineligible for cost of care. Deny the application for cost of care or propose termination if an active case.
C. Determine Patient Monthly Liability (PML)--STEP II After establishing that financial eligibility exists in STEP I, proceed to determine the patient's share of cost. STEP II determines the amount of income an a/b must pay to the facility for cost of care. This is called patient monthly liability Docusign Envelope ID: 950E9248-29CC-8930-81BC-BCEC667EB493
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(PML). Medicaid pays the remainder up to the Medicaid reimbursement rate. Step II procedures are different than Step I procedures. DO NOT USE DEDUCTIONS OR NET COUNTABLE INCOME FROM STEP I IN STEP II. In this step, do not apply passalong.
1. Establish Gross Income for STEP II
Establish gross amounts of all types of income, earned or unearned, that are countable based on policy in MA-2250, Income.
a. Count actual amount of SSA benefit received if it is reduced to recoup an SSA overpayment.
b. Count total VA benefit received in excess of the $90 improved pension, including Aid and Attendance (A&A) and unreimbursed medical expenses (UME), for veterans who reside in a North Carolina State Veterans Nursing Home.
2. Subtract Operational Expenses
Subtract operational expenses produced on income-producing real/personal property, or from income produced through the operation of a business. Refer to MA-2250, Income
3. Subtract the following personal needs allowances:
The total deduction for all four types of personal needs allowances cannot exceed the PLA medically needy full maintenance level for the budget unit. This means $242 for an individual or $317 for a couple who share the same room, and both receive Medicaid to pay for cost of care.
a. Personal Needs Allowance (PNA)
(1) $70 for an institutionalized individual, or
(2) $140 for a married couple who share a room.
b. Personal Needs Allowance for court-ordered guardianship fees:
(1) Guardianship fees are deducted only for an individual with a ‘guardian of the estate’ named by the court. Verify the actual amount paid based on the annual report of receipts and disbursements filed with the clerk of court or with the guardian until the first report is filed.
(2) Deduct the lesser of the following amounts:
(a) Actual amount verified in (1) above,
(b) 10% of a/b’s total gross monthly income, OR
(c) $25 per month. Docusign Envelope ID: 950E9248-29CC-8930-81BC-BCEC667EB493
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c. Personal Needs Allowance for non-discretionary mandatory deductions:
This deduction could be from unearned retirement income of a beneficiary in any level of care. It could also be from earned income of an ICF-MR beneficiary.
(1) Subtract mandatory withholdings when the payer of the income verifies that the a/b has no choice (no discretion) in whether these amounts are withheld.
(2) These deductions are limited to:
(a) Federal, state, and local income taxes;
(b) Mandatory retirement contributions; and
(c) FICA.
d. Personal Needs Allowance for work incentive:
This is limited to ICF-MR beneficiaries who have earned income from work activities. Subtract the monthly incentive allowance after any mandatory deductions for withholding from earned income.
***Net wages means after mandatory deductions from earned income***
Monthly Net Wages Monthly Incentive Allowance
$ 1.00 to $100.99 All up to $ 50.00
$ 101.00 to $200.99 $ 80.00
$ 201.00 to $300.99 $ 130.00
$ 301.00 and greater $ 212.00
4. Subtract Community Spouse Allowance
Deduct income required for the support of a community spouse. Refer to VI., below, to calculate the community spouse income allowance.
5. Subtract allowance for dependents when there is a community spouse.
Deduct income required for the support of other dependents at home. Refer to VII., below, to calculate this allowance.
6. Subtract $242 Maintenance Allowance when the a/b is expected to return home within 6 Months from the date their CPI began and they has no spouse at home. See V.D. for policy on return home within 6 months.
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7. Allowance for minor dependents at home when there is no community spouse
a. When there are minor dependents at home and the a/b is not expected to return home within 6 months, subtract the dependents' gross monthly income from the full medically needy income limit for the number of dependents in the home. Deduct the resulting amount from the a/b’s monthly income in Step II (See VII., below).
b. When there are minor dependents at home and the a/b is expected to return home within 6 months, subtract the dependents' gross monthly income from the full medically needy income limit for the number of dependents in the home plus the a/b; e.g. if there are 2 dependents, use the income level for 3. Deduct the resulting amount from the a/b’s income in Step II (See VII., below).
8. Subtract Unmet Medical Needs (UMN) following policy in VIII., below.
9. Calculate the PML
Income remaining after making above deductions must be less than the facility's Medicaid reimbursement rate for 31 days.
Refer to MA-2240, Transfer of Assets, to calculate the PML for partial months of ineligibility due to transfers of resources.
a. If the remaining income is equal to or greater than the Medicaid reimbursement rate, the a/b is ineligible for help with cost of care. Go to XII., below to determine if the a/b could be eligible for other Medicaid services.
b. The income remaining is the pml. (Round to the nearest whole dollar. Round up for 50 cents or more.)
Send the DHB-5016, Notification of Eligibility for Medicaid/Amount and Effective Date of Patient's Liability
10. Corrections or Changes to PML
It may happen that the a/b or facility reports a change (i.e. UMN, income, level of care) to the county. The a/b or representative should report any changes within ten (10) calendar days. This could result in adjustments to the PML. Follow procedures below when a change is reported.
a. Complete the reported change within 30 days.
b. If a client fails to report a change within ten days and the change results in:
(1) An overstated PML (PML should have been lower): Do not decrease PML for past months.
(2) An understated PML (PML should have been higher): Docusign Envelope ID: 950E9248-29CC-8930-81BC-BCEC667EB493
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(a) If adjustment can be made by increasing future PML(s), make the change and notify the a/b or their representative using a timely notice.
(b) If adjustment cannot be made by increasing the PML(s), ask the a/b or their representative to make a voluntary repayment to DHB and refer to county fraud/program integrity staff. Refer to MA-2900, Beneficiary Fraud and Abuse Policy and Procedures, X.D. for instructions.
c. If the local agency causes an error, delay, or fails to complete change within 30 days and it results in:
(1) An understated PML (PML should have been higher) -- Do not increase PML for past months. Document in the record the reason for the error and take no further action.
(2) An overstated PML (PML should have been lower) -- Do not decrease PML for past months:
(a) If the beneficiary was able to pay the overstated PML, deduct as an unmet medical need the difference owed back to the beneficiary from a future month(s) liability; OR
(b) If the beneficiary was unable to pay the overstated PML and the outstanding balance owed to the nursing facility cannot be cleared out by adjusting PML for two months, request prior approval from DHB DSS Support Unit to change the overstated PML(s) using DHB-5164, Change to PML Request. Refer to NC FAST Job Aid: Any adjustment amount may be charged to the county. DHB-5008 B - STEP I FINANCIAL ELIGIBILITY FOR MEDICAID A. LOWEST If gross monthly income of the b.u. is less than the lowest monthly Medicaid rate, the client is eligible for help with cost of care. B. NEED TEST AT FACILITY'S MRR 1. If gross monthly income of the b.u. is greater than or equal to the Medicaid reimbursement rate (MRR), (refer to V.B.1., above, to determine lowest MRR). a. Daily MRR (t/c to facility) b. Multiply by 31 days c. MAXIMUM MONTHLY MA RATE
2. If the gross monthly income of the b.u. is less than the facility's MRR for 31 days, the client is eligible for help with cost of care. GROSS INCOME Docusign Envelope ID: 950E9248-29CC-8930-81BC-BCEC667EB493
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IS LOWER. GO TO STEP II.
. STEP II ELIGIBILITY FOR HELP WITH COST OF CARE A. LTC DEDUCTIONS 1. Enter GROSS INCOME of the b.u. Subtract operational expenses Countable Income 2. Deductions from Countable Income
a. (PNA) Personal Needs $70/$140
b. Court-ordered Guardianship fees
c. Mandatory deductions
d. Work Incentive deduction
e. Spouse/Dependent Allowance
f. (UMN) Unmet medical needs monthly 3. Result (PML)
DMA-5122 COMMUNITY SPOUSE ALLOWANCE WORKSHEET
A. Maximum Income Available for Deeming to CUSP 1. A/B’s countable income from LTC, step II 2. Subtract $70 personal needs allowance 3. Subtract any mandatory deductions 4. Subtract A&A/UME portion of VA payment 5. Difference is the maximum available for deeming 6. Continue to B., if greater than zero.
B. CUSP's Gross Monthly Income 1. Count all, including SSI Special Assistance, & Work First 2. Prorate Work First Based on # in Work First case
C. Is CUSP's GROSS INCOME (from B., above) greater than or equal to Base Allowance 1. [ ] YES. Stop and go to D., below. Docusign Envelope ID: 950E9248-29CC-8930-81BC-BCEC667EB493
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2. [XX] NO. GROSS IS LESS, ENTER BASE ALLOWANCE HERE a. Subtract CUSP’s gross from Base Allowance: GROSS (B.) (always round down) b. Result is CUSP’s needs. : c. Do CUSP’s NEEDS exceed or equal maximum available from ISP in A., above? [ ] YES. DEEM MAXIMUM AVAILABLE IN A.5. ABOVE. Do not consider shelter cost. Stop here.
[XX] NO. NEEDS ARE LESS THAN MAXIMUM IN A.5. ABOVE. Continue to C.3.below.
3. Does CUSP state monthly shelter expenses are equal to or less than the Standard Excess Shelter Cost. [XX] YES. Shelter costs are equal to or less than SES, DEEM CUSP's NEED in C.2.b., above. Stop. Enter amount on DHB-5008, Supplement B worksheet.
D. A/B Returns Home Within Six Months (Refer to II.A. for CPI Rules): When the a/b intends to return to a private home (or to any private living arrangement) within six months, allow a portion of the a/b’s income for maintenance of their home. This section explains the procedures for handling these situations.
The doctor’s statement of intent to return home within 6 months has no bearing on exclusion of the homesite from countable resources.
1. A written statement from the "physician of record" is required, in addition to the FL-2/MR-2. The statement must confirm that the a/b may reasonably be expected to return home within 6 months from the date their CPI began.
2. Flag the case for review in the 6th month from the date their CPI began. (e.g. Enters LTC 9/23, 6 months equals 3/23. The review should be conducted in the first week of March allowing the a/b a full six months to return home.)
a. If the beneficiary has not returned home by the first week of the 6th month, verify with the physician or medical facility whether they will return home before the end of the 6th month. If they are to return home in this month, budget PLA after notice requirements is met.
b. If the physician/medical facility indicates the individual will remain institutionalized beyond the 6th month, stop deducting the medically needy income level for one after sending timely notice. Increase the patient liability beginning with the 7th month.
3. If a single a/b (no spouse/dependents at home) returns home within 6 Docusign Envelope ID: 950E9248-29CC-8930-81BC-BCEC667EB493
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months and they have not been budgeted to return home within six months:
a. Recalculate the LTC budget for all prior LTC budgeting months through the month of discharge and deduct the full medically needy income level for one in addition to the personal needs allowance.
b. Notify the Claims Analysis Unit of the revised PML for the previous months. (Send the revised DHB-5016, Notification of Eligibility for Medicaid/Amount and Effective Date of Patient's Liability to the facility when the PML change is entered. (See IX. below)
c. Budget the remaining months in the certification period as PLA based on procedures in MA-2260, Financial Eligibility Regulations-PLA.
VI. THE COMMUNITY SPOUSE INCOME ALLOWANCE (SPOUSE IN PLA)
When computing the patient monthly liability, an allowance may be deducted from the a/b’s income for the needs of their spouse. The following instructions tell you how to do this. See MA-2231, for Community Spouse Resource Protection.
A. Rules For Community Spouse Income Allowance Eligibility 1. Determine when to allow the community spouse allowance and verify that the community spouse actually receives this allowance.
a. If the community spouse is legally married to the a/b and/or separated less than 12 months prior to the institutionalization, you may make an allowance for the community spouse.
b. If the a/b and the community spouse have been separated for more than 12 months prior to institutionalization, do not make an allowance for the community spouse.
2. Do not calculate an allowance if both spouses are institutionalized.
3. A spouse who receives services in an adult care home is not institutionalized and is eligible to receive this allowance.
4. Income allocated through these procedures is countable to the community spouse in all other assistance programs.
5. The community spouse allowance is a pml calculation deduction in Step II of LTC budgeting. Therefore, if the a/b must be budgeted by PLA procedures for any reason, the community spouse is not eligible for the spousal allowance.
6. The maximum community spouse allowance amount is determined by the maximum available from the institutionalized spouse's income after deductions in STEP II (refer to V.C., above). If the maximum available is $0, there is no allowance.
7. The a/b or representative can choose to make a lesser amount actually Docusign Envelope ID: 950E9248-29CC-8930-81BC-BCEC667EB493
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available to the community spouse, or the community spouse can request a lesser allowance to not affect eligibility in other programs. Follow instructions below:
a. Document the lesser amount, and if possible, obtain a written statement from the a/b, the community spouse, or the representative regarding the reason for the lesser amount, and
b. Deduct the lesser amount when computing the patient monthly liability. 8. The income amount allowed for the community spouse is calculated in two steps:
a. A basic spousal allowance; and
b. Excess shelter costs (see VI.C.)
B. The Basic Spousal Allowance
There is a standard formula used to calculate the basic spousal allowance. Use DHB- 5008, SUPPLEMENT C, as a guide.
1. Verify the community spouse's gross monthly income (including SSI, Special Assistance, or Work First). Do not calculate this allowance until the community spouse's income has been verified.
a. Follow verification procedures in MA-2250, Income.
b. Do not deduct taxes, work-related expenses, or any other deduction or exemption from the community spouse's income.
c. Prorate a Work First grant based on the number of Work First beneficiaries.
2. Basic Allowance for Community Spouse
Compare gross income of the community spouse to the community spouse income standard of $2705.00. (This amount changes yearly in July)
This standard is 150% of the federal poverty limit for 2 people.
a. If the community spouse's gross monthly income equals or exceeds the$2705.00 income standard, STOP. Follow directions in VI.C, below, for consideration of excess shelter costs.
b. If the community spouse's gross monthly income is less than the $2705.00 income standard, determine the basic allowance amount by:
(1) Subtracting the gross income of the community spouse from the$2705.00 income standard.
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(2) Compare this amount to the amount available from the income of the a/b. See V.C., above, and
(3) Evaluate the results.
(a) If the basic allowance equals or exceeds the amount available from the a/b: 1) The amount available from the a/b is the community spouse income allowance. Enter this amount on the income worksheet.
2) Do not consider excess shelter costs.
(b) If the basic allowance is less than the amount available from the a/b, consider excess shelter costs.
C. Excess Shelter Costs
When determining the community spouse allowance, we can sometimes consider shelter costs. Follow procedures below to determine if there are excess shelter costs.
1. Verifications of Shelter Costs
a. Applications - Accept the verbal statement of the representative, the a/b, or the spouse of amount of shelter costs and document in the record.
b. Reviews and changes - Obtain at least a signed statement from representative or a/b. If possible obtain a statement from the list of alternative verifications below. • Rent or mortgage for principal residence only. Alternative verification: Verify actual cost by verbal or written statement from a/b or landlord, rent receipt, mortgage payment book, mortgage payment receipts, or statement of mortgage holder. • Taxes on the homesite, if taxes are paid separately from the mortgage. Alternative verification: Verify taxes by tax receipt or statement from the county tax office. Do not include personal taxes on motor vehicles or other personal property. • Homeowner's or renter's insurance, if paid separately from the mortgage/rent. Alternative verification: Statement from the insurance company or by a payment receipt. Docusign Envelope ID: 950E9248-29CC-8930-81BC-BCEC667EB493
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• Required maintenance charges or homeowner fees from condominium, cooperative, or homeowners' association. Alternative verification: Statement from the homeowner's association or management company, or by payment receipt. • Utilities
• If community spouse lives in government subsidized housing, do not deduct for utilities unless the spouse receives notice that an excess utility charge will be added to the rent and reports it to the local agency. Treat as a change and redetermine the spousal income allowance for the remainder of the a/b’s c.p.
• For all others, deduct the standard amount from Table C. If the community spouse has roomers or boarders, count them in the household size.
2. The monthly shelter standard is $812.00.
If total shelter costs are less than or equal to the $812.00 shelter standard:
a. Make no deduction for shelter costs.
b. The Basic Allowance from VI.B.2.b., above, is the spousal income allowance. STOP.
3. If total shelter costs exceed the $812.00 shelter standard:
a. Subtract the shelter standard from the total shelter costs.
b. The result is excess shelter expense.
4. Add the excess shelter in 3 above, to $2705.00, up to the maximum community spouse income allowance of $4067.00. (This amount changes yearly in January.)
a. If the combined total is less than $4067.00:
(1) Subtract community spouse's gross monthly income from the combined total.
(2) This amount is the spousal income allowance.
b. If total is equal to or exceeds the $4067.00 community spouse income standard:
(1) Subtract community spouse's gross monthly income from the community spouse income standard.
(2) This amount is the spousal income allowance.
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c. The community spouse allowance can be adjusted up to the amount available from the income of the a/b when:
(1) A court order exists which establishes a different income amount, or
(2) Through county or state appeal, a decision is made that the community spouse needs additional income because of exceptional circumstances creating significant financial hardship.
5. Exceptions to shelter costs procedure:
a. If the community spouse receives a subsidy to pay all or a portion of shelter costs, deduct the amount of the subsidy from the total expenses.
b. Disregard one-time assistance based upon need, such as LIEAP.
c. If rent includes food, such as a roomer/boarder fee, do not count the amount paid for food in determining shelter costs. Deduct the actual amount paid for food, if the landlord can verify verbally or in writing, from the rent payment.
6. If the community spouse receives Work First/Food and Nutrition Services, use the DSS-8194 to notify the Work First/Food and Nutrition Services caseworker of the amount of the spousal income allowance.
VII. THE DEPENDENT FAMILY MEMBER ALLOWANCE There must be income remaining after subtracting the community spouse allowance from the a/b’s income to proceed with the dependent allowance. The dependent family member allowance in VII.A., below, is allowed only when there is a community spouse at home. If there is no community spouse, but there is a dependent family member of the a/b proceed to VII.B., below.
A. Dependent Family Member Lives With a Community Spouse 1. Rules for the Dependent Family Member Allowance
A deduction for dependents can be made from the a/b’s income in STEP II. A dependent of the a/b or the community spouse includes children (adult or minor), parents, or siblings. To receive the dependent family member allowance all the following criteria must be met:
a. The dependent must live with the community spouse. Accept the verbal statement of the representative, the a/b, or the spouse.
b. The dependent must be legally dependent:
(1) Assume an individual under the age of 18 is a dependent if they live with the community spouse. Docusign Envelope ID: 950E9248-29CC-8930-81BC-BCEC667EB493
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(2) Assume an individual over age 18 is a dependent if they are claimed as a dependent for income tax purposes by either the a/b or the community spouse.
2. Maximum Monthly Dependent Allowance
The maximum monthly dependent amount is a standard amount that changes yearly on July 1st. The standard dependent amount is $902.00 for a dependent with $0 income. This allowance is 1/3 of the spousal basic allowance. Income of the institutionalized a/b is allocated to raise the dependent family member's income to that amount.
3. How To Calculate The Dependent Family Member Allowance
a. Calculate the income allowance separately for each dependent family member as follows:
(1) Verify each dependent's total gross monthly income, including SSI and Work First.
(a) Do not deduct taxes or work-related expenses or allow any other deduction or exemption from the dependent's income.
(b) Prorate the Work First grant based on the number of beneficiaries.
(2) Subtract each dependent's gross monthly income from the community spouse income standard.
(3) Divide the remainder by 3. Compare this amount to the maximum amount in VII.A.2 above. The lesser of the two amounts is the dependent allowance.
b. The dependent family member allowance is deducted when computing the a/b’s patient liability in Step II of LTC budgeting. Verify this amount is actually paid. If allowance is not actually paid, count in reserve the following month.
B. Allocation for Dependents When There Is No Community Spouse (Refer to V.C.7.) If the a/b has a dependent family member, but no community spouse, allocate an amount of the a/b’s income for the dependent(s). Deduct only the amount the dependents actually receive. 1. Combine gross income of all dependents. Do not make any deductions, and prorate the WFFA grant. Compare gross income to the medically needy income limit for the number of dependents. a. If the total gross income is less than the medically needy income limit amount for that number of dependents, subtract gross income from Docusign Envelope ID: 950E9248-29CC-8930-81BC-BCEC667EB493
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the medically needy maintenance income limit for the number of dependents. The remainder is the allocation amount for dependents. b. If the total gross income is equal to or greater than the medically needy income limit allowance for the number of dependents, do not allocate any amount to the dependents. 2. If the dependent family member receives WFFA/ Food and Nutrition Services, use the DSS-8194 to notify the WFFA Food and Nutrition Services caseworker of the allocated income. VIII. UNMET MEDICAL NEEDS ALLOWANCE When determining an a/b’s patient monthly liability an amount can be deducted to pay for medical expenses for which they are responsible. These expenses are referred to as unmet medical needs (UMN). In this section we will tell you how to determine the amount of income to deduct for UMN. When a transfer of assets sanction period has been imposed, do not allow as an unmet medical need the cost of care for these months or the fractional amount in the last month of the sanction. A. General Rules To be considered an unmet medical need, a medical expense must meet all of the following criteria.
1. Be an allowable medical deduction for federal income taxes (see IRS Publication Number 502). UMN cannot include: a. Premiums for life insurance policies, b. Premiums for policies providing payment for loss of earnings, c. Premiums for policies for loss of life, limb, sight, etc., or d. Premiums for policies that guarantee an amount each week for a stated number of weeks hospitalized for sickness or injury. e. An insurance premium paid by the Health Insurance Premium Program (HIPP) as an UMN. This is an expense paid by Medicaid.
2. The expense must not be payable or covered by Medicaid. a. The LTC facility is required to provide many medical supplies and services. These supplies and services are covered by Medicaid as part of the facility's reimbursement rate. (1) Refer to the LTC Provider's Manual, Scope of Services Section, and MA- 2905, Medicaid Covered Services, VII., Nursing Facility Services, for a detailed list of items included in the facility's reimbursement rate for beneficiaries in LTC facilities. (2) If it appears that the facility is charging the patient for services covered by the per diem, this should be documented and reported to DHB, Program Integrity Section, 919-647-8000. Docusign Envelope ID: 950E9248-29CC-8930-81BC-BCEC667EB493
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b. If Medicaid does not cover a medical expense because of a transfer of assets sanction, the expense cannot be deducted from income as an unmet medical need when determining the patient monthly liability (pml). Refer to MA- 2240, Transfer of Assets.
3. The expense must be either: a. For a service received in a long term care budgeting month; or b. An agreed upon payment that is due in a long term care budgeting month. It can be a medical expense incurred in a month before or during Medicaid eligibility. Get a copy of the contract or agreement and a description of each expense to verify amount and due date. The expense cannot be for the cost of care due to an imposed transfer of assets sanction period. This does not affect active LTC cases with contracts in place prior to November 1, 2007.
4. The expense must be for goods and services the a/b received and for which they must pay. It must not be covered by Medicare, private insurance or other third party, such as a family contribution.
a. The a/b may be billed directly; or
b. A third party may be billed if they have been or will be reimbursed by the a/b.
c. Do not allow the charge until third party payment is verified.
d. Deduct only the portion of the charge for which the a/b has payment responsibility when the third party benefits are verified.
5. The expense has not been used to meet a deductible while the a/b was budgeted as PLA for Medicaid.
6. The expense has not been deducted previously as a UMN.
7. The expense is not a previous patient monthly liability.
8. The expense was not used to reduce reserve.
9. The expense must be reported by the end of the 6 month period following the certification period in which it was incurred.
B. Prescription Drug Charges
Medicare/Medicaid beneficiaries have no prescription drug coverage through Medicaid. For Medicaid beneficiaries, and/or Medicare/Medicaid beneficiaries the cost of prescription drugs may be deducted as unmet medical needs when they are not covered by Medicaid because they exceed the monthly Medicaid prescription limit, or the Medicare Part D Plan does not cover the drugs or the pharmacist does not take Medicaid. The charges must meet the criteria in VIII.A., above.
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1. Verify if a/b has any private health insurance coverage for prescription drugs including a Part D provider.
2. Deduct the amount of reported charges for prescription drugs above the monthly Medicaid prescription limit which are either not covered by third party insurance or deduct the unpaid balance that remains after insurance has paid.
3. Because they exceed the monthly Medicaid prescription limit for the same drugs, for ease of administration you may refer the physician to the Claims and Billing website. This guide outlines the requirements for overriding the monthly Medicaid prescription limit when the life of the patient would be threatened without the additional drug(s) and includes a copy of the override request form. Or refer to the Focused Risk Management Program (FORM). Refer to MA-2905, Medicaid Covered Services, for more information on FORM. Beneficiaries under the age of 21 or residents of intermediate care facilities/mental retardation centers, skilled level of care facilities and beneficiaries residing in assisted living facilities and group homes are exempt from the monthly Medicaid prescription limit.
4. For Medicare beneficiaries, refer to MA-2312, Medicare Prescription Drug Benefits. C. Physician Charges Charges for physicians' services may be deducted as UMNs if the physician refuses to accept Medicaid and the criteria in VIII. A., above is met. 1. Determine if the reported charges are covered by the a/b's Part B Medicare coverage. (Refer to MA-2360, Medicaid Deductible, V.C.)
a. If the a/b is a Medicare beneficiary and provides a bill for physician's services on a date already authorized for Medicaid, advise the representative to provide the Medicaid information to the provider.
b. The balance of the total charge after Medicare payment (if EOB used) or 20% of the charge may be used as unmet medical needs if the individual was not yet authorized for Medicaid on the date of service and the provider refuses Medicaid now. 2. The county may give the provider the MID number and the Medicaid eligible dates for which the provider has charges.
a. Physicians and suppliers are required to file Medicare claims for all patients who are Medicare beneficiaries.
b. Physicians and suppliers are required to accept assignment if they are enrolled with Medicare in the Participating Physician and Supplier Program.
c. Do not deduct physician charges for a Medicaid beneficiary who has Medicare Part B coverage. Docusign Envelope ID: 950E9248-29CC-8930-81BC-BCEC667EB493
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3. If the a/b has Medicare and private health insurance which covers physician costs (medical), do not make any deduction unless there is a balance left after insurance has paid. Use EOB as verification.
4. If the a/b has private health insurance but not Medicare, only deduct the portion of the charge not covered by insurance. Verify with EOB or from provider.
D. Cost Of A Private Duty RN/LPN Charges for private duty RN/LPN services may be deducted as UMN if the physician prescribed this care for a specific duration, the nurse refuses to accept Medicaid, and the criteria in VIII. A., above is met.
E. Cost of The Nursing Facility When Medicaid Is Authorized After the First Day of the Month It may happen that the a/b is not eligible for Medicaid to pay cost of long term care on first day of month, but later in the month becomes eligible. This could happen when the a/b is ineligible for cost of care for a few days because of reserve or the facility is not yet certified. Specific rules to use nursing facility costs as UMN are listed below.
1. Deduct per diem cost of care as an unmet medical need if a/b resides in a newly licensed/certified facility and cost of care is paid from income for the days in the month of certification, but prior to the certification date and all of the following are true:
a. The rules in VIII.A., above, are met (note that VIII.A.2.b. states if Medicaid does not pay for LTC due to a transfer of assets sanction, those LTC expenses may not be an unmet medical need), and
b. The a/b has an approved FL-2/MR-2 for the level of care.
2. The a/b may be ineligible for a portion of a month due to excess reserve.
a. Do not allow cost of care as an unmet medical need when the a/b uses their excess reserve to pay cost of care. (1) Payment of cost of care "in advance" does not reduce reserve any earlier than the date the cost(s) is incurred. Actual charges are deducted from the reserve total on a daily basis as incurred. (2) On the day that reserve is reduced, assign the full PML for the remainder of that month.
b. You can allow cost of care as a one-time UMN if excess reserve is reduced by purchasing other goods or services and cost of care is paid from income for the month in which reserve is reduced. F. Charges for Medical Care During an Ineligible Period Docusign Envelope ID: 950E9248-29CC-8930-81BC-BCEC667EB493
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Charges for medical services incurred during a period of ineligibility may be deducted from income as unmet medical needs if they meet the criteria below. 1. The charges are for a month when the a/b was ineligible for Medicaid. 2. There is a written agreement between the a/b and the facility specifying the amount to be paid and the schedule for paying. 3. The agreed upon payment to the facility can be allowed as UMN. 4. Note that expenses Medicaid does not cover due to a transfer of assets sanction cannot be used as an unmet medical need. See VIII.A.2.B. above. G. Report Unmet Medical Needs 1. Unmet medical needs must be reported to the caseworker by the a/b, the representative, LTC facility, or other medical provider as follows: a. For applications: (1) Include only those costs which are reported and verified by the time the application is approved. (2) Do not pend an application past the 45/90th day for verification of reported costs.
(3) Do not hold the application until the 45/90th day for unmet medical needs if no costs have been reported.
b. For authorized cases:
Costs must be reported by the end of the six month certification period which follows the certification period in which the service was rendered/cost was incurred.
If the a/b's representative reports a decrease or terminated unmet medical need (i.e. medical insurance stopped), verify from the source. Revise PML after timely notice is issued. 2. Verify all non-covered medical costs: a. At application, use DHB-5097, Request for Information. b. At the regular six-month review use suggested form (DMA-5163).
c. Send the request to:
(1) The a/b if acting on their own behalf;
(2) The representative acting for the a/b; or
(3) The business office of the LTC facility if the a/b cannot be reasonably expected to provide the information and has no representative.
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3. Charges reported to the local agency after processing the application, completion of a recertification, or during an authorized c.p. are treated as a change in situation. The local agency should respond and complete the change within 30 days.
H. Budgeting Procedures for UMN Calculate the total allowable cost of UMNs.
1. Convert the following types of UMNs to a monthly amount and deduct from the a/b’s income.
a. Private health insurance premiums; and
b. Scheduled payments for medical bills.
2. Deduct the amount of UMNs that occur incidentally from the a/b’s income by reducing a future month(s)’ PML.
a. After UMNs are reported and verified, deduct entire amount owed.
b. Revise PML effective the next month after notice requirements in MA- 2420, Notice and Hearings Process, are met.
3. Never decrease a PML for a month that has already been billed unless it is the month of discharge or death. Refer to IX.C.
4. If a change is reported during a CP:
a. Revise PML effective the next month after notice requirements is met.
b. Notify the beneficiary of the following:
(1) Amount and effective date of the PML(s) which are reduced because of incidental UMN charges; and
(2) Amount and effective date of the ongoing PML for the month(s) after the deduction for non-monthly UMN charges is satisfied.
c. When the PML is changed, NC FAST sends the automated DHB- 5016, Notification of Eligibility for Medicaid/Amount and Effective Date of Patient's Liability giving the beginning month of the new PML.
5. If the a/b or their representative reports a change in unmet medical needs (including charges that are prorated and deducted monthly) and they result in:
a. An overstated PML (a/b paid too much in a prior month): Make the necessary adjustment by deducting additional UMN charges from the next month's liability after the notice requirements are met.
b. An understated PML (a/b paid too little and received UMN allowance to which they were not entitled in a prior month): Docusign Envelope ID: 950E9248-29CC-8930-81BC-BCEC667EB493
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(1) If adjustment can be made by increasing future PML(s), make the change and notify the a/b or their representative using a timely notice.
(2) If adjustment cannot be made by increasing the PML(s), ask the a/b or their representative to make a voluntary repayment to DHB and refer to the local agency fraud/program integrity staff.
6. If the LTC beneficiary is discharged to PLA (including a move to an adult care home):
a. Inform the a/b, their representative, or the facility that any previously unreported UMN charges must be reported within ten days of the change in living arrangement.
b. Deduct verified UMN charges from their PML for the month of discharge. The UMN deduction cannot be greater than the PML. Charges which exceed the amount of their PML and were reported within ten days may be used towards the PLA deductible. Refer to MA-2360, Medicaid Deductible.
c. If the beneficiary moved to an adult care home and they will be authorized for Medicaid under the Special Assistance program, deduct charges up to the amount of their PML in the month of discharge.
7. If the beneficiary dies:
a. Verify any reported patient responsible medical charges which have not been allowed previously.
b. Deduct allowable charges up to the amount of the PML for month of death only.
IX. REPORTING PATIENT MONTHLY LIABILITY ON DHB-5016, Notification of Eligibility for Medicaid/Amount and Effective Date of Patient's Liability A. Purpose of DHB-5016 1. The DHB-5016 notifies the nursing facility of the patient's monthly liability for their share of the cost of care. There are two ways to transmit the DHB-5016 to the facility. One is an automated DHB-5016issued by NC FAST. The other way is a manual DHB-5016 issued by the county caseworker.
2. For Hospice patients in a nursing facility, enter the Hospice code in NC FAST to ensure the automated DHB-5016 is sent to the Hospice agency.
B. Issuing a DHB-5016 1. NC FAST issues an automated DHB-5016 when the caseworker: Docusign Envelope ID: 950E9248-29CC-8930-81BC-BCEC667EB493
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a. The a/b goes from pla (including adult care home or hospital) to a nursing facility, or
b. Increases or decreases the amount of the PML, or
c. Changes the case address, or
d. Enters a new facility code, or
e. Changes the facility code.
2. The caseworker completes a manual DHB-5016, Notification of Eligibility for Medicaid/Amount and Effective Date of Patient's Liability when: a. The a/b is in 2 or more facilities in a month and each facility is due a portion of the pml. (See IX.D., below for procedures to split the PML.) Different levels of care within a hospital such as acute care and swing bed are considered two separate facilities for claims processing purposes. The caseworker must send a manual DHB- 5016 to each facility to notify it of its share of the PML, OR
b. There is a deductible balance and a PML in the same month. This situation occurs when the a/b moves directly from acute care in a hospital to a swing bed within the same facility or to a separate nursing facility. The caseworker must send a manual DHB-5016 to the facility to notify it of the PML. This applies even when the PML is "$0."
3. There are specific situations in which a DHB-5016 is never sent. These occur when a case is budgeted according to PLA procedures and is authorized only for other Medicaid covered services. These situations are:
a. There is no approved FL-2 when the FL-2 is required; or
b. The a/b is under a transfer of asset sanction; or
c. The facility is not certified yet.
C. Procedures When PML Changes 1. Beneficiary notice requirements
a. If PML amount increases, timely notice is required.
b. If PML decreases, adequate notice is required. 2. Special Situations
a. If one of the following exceptions applies, notify DHB, using DHB- 5164, Change to PML Request.
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(1) The beneficiary died and has unmet medical needs which have not previously been deducted. Revise the PML for the month of death only. [This is the only reason you can revise for unmet medical needs in month of death.]
(2) The a/b goes home unexpectedly within six months and must be rebudgeted for prior months as well as month of discharge.
(3) The a/b returns home anytime, and must be rebudgeted the month of discharge only to allow a deduction for maintenance of the home.
NC FAST sends an automated DHB-5016 when the DHB DSS Support Unit enters the change.
b. If the local agency wants to change a PML amount already posted in NC FAST for a previous month, the DHB DSS Support Unit must give prior approval. (See V.C.10., above.) NC FAST sends an automated DHB-5016 when DHB DSS Support Unit keys the revision.
D. Patient Liability When A/B is in More Than One Facility in a Month - Split Liabilities
If the a/b receives care in more than one medical facility in a calendar month, it may be necessary to determine how much of the liability the patient owes to each facility. Remember that different levels of care within a hospital such as acute care and swing bed are considered separate facilities for claims processing purposes. The caseworker enters the total PML for the month and then completes a manual DHB-5016, Notification of Eligibility for Medicaid/Amount and Effective Date of Patient's Liability to split the pml between the facilities.
1. A/b does not have Medicare
On the first day of month, the beneficiary is in the:
a. Hospital-- Assign the full PML to the hospital.
b. Nursing Facility
Report the lesser of these amounts to the facility:
(1) The full PML owed each month; or
(2) The facility's Medicaid per diem multiplied by the number of days (do not count date of discharge) that the patient was in the facility.
c. The amount of the "split" PML which is reported to the second facility following a non-Medicare hospital or facility admission is:
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(1) The remaining balance of the full PML after deducting the portion assigned to the first facility, or
(2) If there is no balance, zero PML.
2. A/B Has Medicare
The PML for Medicare beneficiaries is applied only to the month of admission to a hospital because the beneficiary is only responsible for the Medicare deductible amount. When LTC a/b has to enter a different medical facility, follow procedures below on assigning PML.
a. Hospital
(1) Admission date is on the first day of the month
(2) Assign full PML not to exceed the Medicare deductible amount.
b. Second facility
The amount of the "split" PML which is reported to the second facility following a Medicare hospital admission is:
(1) The remaining balance of the full PML for admission month minus the Medicare deductible amount.
(2) If hospital discharge month is different from admission month, assign the full PML to the second facility for discharge month.
c. If a Medicare a/b remains in the hospital for several months, the hospital will not collect the PML. However, the actual PML must be entered into NC FAST.
3. If the LTC a/b is within the 21-100 days for Medicare and is moved to a second nursing facility within the same month assign number of days in the first facility times the Medicare co-payment rate to the first facility. Do not include the discharge date. This is the actual amount for which the beneficiary is responsible. Report the remaining balance of the PML to the second facility. Reminder: Medicare may not pay the first 100 days in every situation. Contact the facility to verify this information.
4. If a third or more facility is involved, repeat the process in IX.D.1.c. or 2.b., above, according to whether the a/b has Medicare until the PML is exhausted.
5. Do not round or drop cents.
6. Any remaining PML not collected will accumulate in the beneficiary’s personal funds as reserve the following month.
Flag case to check reserve monthly when the client is in danger of exceeding the reserve allowance.
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7. Complete a manual DHB-5016, Notification of Eligibility for Medicaid/Amount and Effective Date of Patient's Liability or the split PML to each facility. Include the ending date of split PML on the DHB-5016.
8. NC FAST sends a separate DHB-5016 reporting the PML amount and effective date for the ongoing (next) month.
X. HOSPITAL LEVEL OF CARE CHANGE AND DECERTIFIED FACILITY PROCEDURES
A. Hospital Inappropriate Level Of Care Bed Or Swing Bed
(Refer to Table A for reimbursement rates.)
There are two types of hospital beds for LTC care. These are: (1) inappropriate level of care bed; and (2) swing bed. Sometimes when patient is ready to be discharged to ltc, there is no available ltc bed. A hospital may continue to provide care for patients who are approved for LTC, pending discharge to a facility. This care is provided in an inappropriate level of care bed or swing bed.
1. All hospitals have inappropriate level of care beds. When level of care changes from acute to skilled nursing:
a. A hospital has three (3) administrative days (starting with the day after the day the level of care changes), in which to move the patient to a Medicaid nursing facility. During these three days, the hospital may continue to bill at the acute level.
b. On the 4th day after the level of care changes, the hospital must bill at the inappropriate level of care if it has not been able to move the patient to a nursing facility.
2. Swing beds are hospital beds that have been certified as nursing home level beds. Not all hospitals have swing beds. A swing bed must be certified as such by Medicare.
a. The hospital must begin billing at the swing bed level of care rate the day after the level of care changes.
b. If the hospital has no swing beds or if all swing beds are occupied, they must bill at the inappropriate level of care rate after the three day administrative period. (see X.A.2., above)
3. Impact on Month of Institutionalization
If the patient moves from a general hospital stay of less than 30 days directly to an inappropriate level of care bed or a swing bed, the patient became institutionalized on the first day of the hospital admission. (See II.A.l.b., above)
4. Prior Approval for Inappropriate Level Bed and Swing Bed Docusign Envelope ID: 950E9248-29CC-8930-81BC-BCEC667EB493
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The hospital is responsible for completing the FL-2 and sending it to the claims processing contractor for prior approval.
B. Decertified LTC Facility When a LTC facility fails to meet standards of patient care, the Centers for Medicare and Medicaid Services/Division of Health Service Regulation (DHSR) terminates the Medicaid certification. DHSR may also revoke the facility's license.
1. DHB sends a letter to:
a. The beneficiary’s representative; and
b. The a/b’s local agency of residence (county handling the Medicaid case).
2. The letter advises the following:
a. Medicaid will not pay for cost of care in that facility and the effective date.
b. The representative can request assistance from the local agency in locating another facility that accepts Medicaid.
c. That the patient may choose to remain in the facility beyond the Medicaid payment cut-off date; however, they are responsible for their cost of care.
3. If the beneficiary/representative chooses to remain in the facility past the Medicaid payment cut-off date, returns home, or enters an Adult Care Home, begin PLA budgeting the first day of the following month after timely notice is issued. (See XIII. below, for procedures.)
Timely notice requirements apply. Notice should be sent in time to affect the deductible the month following the last month of Medicaid payment.
4. After relocating to a new facility, update the facility code in NC FAST to ensure the DHB-5016's are sent to the new facility's address.
XI. CHANGE IN SITUATION This section explains how to handle ongoing Medicaid case maintenance when a change in situation is reported. The change could be a beneficiary move from PLA to LTC or LTC to PLA. If more than one change occurs in the same calendar month, evaluate the changes in the order they occur. A. Ongoing Beneficiary Becomes Institutionalized (Change From PLA To LTC) When a PLA beneficiary begins a CPI follow the procedures below to determine eligibility for cost of care. 1. Do a special review with the a/b or representative using the last DMA- Docusign Envelope ID: 950E9248-29CC-8930-81BC-BCEC667EB493
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5007/5008 and document any changes. Review the record for any transfer of assets. (Refer to MA- 2240, Transfer of Assets.) Complete the community spouse resource protection assessment if the a/b has a community spouse. (Refer to MA-2231, Community Spouse Resource Protection.) 2. Use PLA budgeting for the month the CPI begins for both a single or married a/b. However, if the a/b enters a nursing facility, ICF-MR, swing bed/inappropriate level of care bed, or psychiatric hospital during this first month, a pml is assigned to the medical facility for claims purposes as follows: a. A/B is authorized the entire month for Medicaid prior to entering the hospital or medical facility. Assign a $0 pml. NC FAST generates the DHB-5016 for this month only. b. A/B meets Medicaid deductible before entering a nursing facility in the same month. Assign a $0 pml to the facility and send a manual DHB- 5016, Notification of Eligibility for Medicaid/Amount and Effective Date of Patient's Liability. c. A/B is not authorized (has to meet a deductible) for Medicaid prior to entering the medical facility. The medical facility charges help to meet the deductible. (1) When the individual enters a hospital and has no Medicare coverage that meets their deductible. Refer to MA-2360, Medicaid Deductible. (a) Report their deductible balance to the hospital as instructed in MA-2360, Medicaid Deductible.
(b) If they go into long-term care in that month report a $0 PML as instructed in XI.A.2.b. (2) When the individual enters a nursing facility or psychiatric residential facility, the facility’s daily private rate is applied to the deductible. When the deductible is met, assign the amount of facility charges incurred on the date the deductible is met to the facility. A DHB-5016 will be automatically generated and the county does not have to send a manual DHB-5016, Notification of Eligibility for Medicaid/Amount and Effective Date of Patient's Liability.
3. Begin LTC budgeting the month after the month the CPI begins following instructions in V., above.
4. Notify the beneficiary of the patient monthly liability (PML) amount.
a. Timely notice is required to budget LTC and assign PML to an authorized PLA beneficiary who remains in a general hospital and continues to receive acute care for more than thirty continuous days Docusign Envelope ID: 950E9248-29CC-8930-81BC-BCEC667EB493
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(a continuous period of institutionalization).
b. Only adequate notice is required to budget LTC and assign PML to any beneficiary when the beneficiary begins to receive nursing home level of care:
(1) In a nursing home facility;
OR
(2) In a swing/inappropriate level bed in a hospital. Unlike acute hospital care, a nursing level of care is a new benefit which was not approved previously.
5. Special Changes in Situation Involving Hospitalization When a pla beneficiary is hospitalized for 30 days or more:
a. Do not budget as LTC when:
(1) The a/b has already been discharged back to PLA when you learn they were hospitalized, or
(2) They will be discharged back to pla before a pml can be effective following timely notice requirements.
b. Do re-budget the beneficiary as LTC when: (1) They are still hospitalized; or
(2) There are placement plans or their length of hospital stay is indefinite; or
(3) They begin to receive care in a nursing home or a swing/inappropriate level bed in the hospital.(XI.A)
B. Non-SSI Special Assistance Beneficiary Moves To Nursing Home Level Of Care (Refer to MA-1100, SSI Medicaid – County DSS Responsibility, for SSI Beneficiary Moves to LTC).
1. Do a special review using the last SA workbook and document reserve items and income on Supplement D to the DMA-5007/5008. 2. Do not re-verify information unless: a. Total countable resources exceed the MA reserve limit; or b. A change has occurred to income or resources; or
c. The new Medicaid c.p. extends beyond the SA payment review period; or
d. A transfer of resources has occurred (refer to MA-2240 Transfer of Assets) Docusign Envelope ID: 950E9248-29CC-8930-81BC-BCEC667EB493
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3. Budgeting principles:
a. Patient liability is always $0 for the month of entry into nursing care even if the move takes place on the first day of the month. NC FAST generates a DHB-5016.
b. Budgeting by LTC rules and assignment of PML begins the month after entry into an approved level of care. (Refer to V., above).
4. Use the DSS-8110A (automated) to notify the beneficiary and the representative of the patient liability amount. 5. Complete the program transfer. .
a. Failure to change category from SA to MA prior to first LTC month does not prevent payment of cost of care.
b. The full PML for the next month. 6. NC FAST sends an automated DHB-5016.
C. VA Contract For Payment Of Cost Of Nursing Care Ends LTC budgeting begins the same month the contract ends. (Refer to XIII.A. 4. below)
D. Moves from LTC Facility To Different LTC Facility or Hospital 1. When LTC beneficiary moves from LTC facility to hospital:
a. Continue with LTC budgeting procedures. Refer to IX.D., above, for instructions on ”split” liabilities.
b. The LTC facility is not required to hold a bed for the a/b while they are in the hospital. The LTC facility is required to readmit the a/b if it has an available bed when they are ready to be discharged from the hospital. If a bed is not available, the a/b will be either discharged to a new LTC facility or to PLA. Medicaid does not pay to hold a LTC bed while the a/b is in the hospital because that would be duplication of services.
(1) The a/b’s family can pay the cost of holding a bed directly to the facility. This would not be considered income to the a/b.
(2) The cost of holding a bed is not considered an unmet medical cost to the a/b. 2. When LTC beneficiary is discharged From LTC Facility To New LTC Facility:
Continue LTC budgeting procedures. Refer to IX.D. above for procedures to split liabilities. Docusign Envelope ID: 950E9248-29CC-8930-81BC-BCEC667EB493
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E. From LTC To A Private Living Arrangement When a/b returns to PLA, review financial eligibility based on PLA rules. The transition to PLA budgeting is different depending upon how long an a/b has been in LTC.
1. Do not recompute the PML for the month of discharge if:
a. The a/b has a spouse or dependents at home; or
b. They were budgeted to return home in six months and is now returning.
2. For a/b, with no spouse or dependents, who was not budgeted to return to PLA within six months and returns to PLA within six months refer to V.D.3., above.
3. For a/b with no spouse or dependents who return home after six months, recompute the PML for the month of discharge.
From the patient monthly liability:
a. Deduct any reported UMN; and
b. Deduct PLA full medically needy income limit for one.
(1) If there is no excess income, report $0 PML for month of discharge.
(2) If there is excess income, round up or down to the nearest whole dollar and report the PML as the lesser of the following:
(a) Medicaid per diem times the number of days the a/b was in the facility (do not count the day of discharge).
(b) The amount of excess income
4. For the remainder of the c.p. determine eligibility using PLA procedures in MA- 2260, Financial Eligibility Regulations – PLA, for all M-AABD Coverage Groups.
a. If the a/b had a spouse or dependents at home, determine the new b.u., and include their income and needs in the determination of eligibility.
b. If the predicted medical expenses of the b.u. are expected to meet the deductible, continue the case in deductible status and authorize when the deductible is met.
c. If the predicted expenses will not meet the PLA deductible, terminate the case.
Docusign Envelope ID: 950E9248-29CC-8930-81BC-BCEC667EB493
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5. Notify the a/b with the proper notice determined by the type of action taken. Refer to MA-2420, Notice and Hearings Process. F. Beneficiary In Nursing Home Level Moves To An Adult Care Home
1. The PML for the month of discharge is the nursing facility's Medicaid daily rate times the number of days at that level (exclude the day of discharge) up to the full PML.
2. Evaluate the a/b for Special Assistance. Refer to the Special Assistance Manual for policy requirements.
3. If the a/b is ineligible for Special Assistance, consider eligibility for other Medicaid covered services:
a. Budget like any other individual in a private living arrangement beginning the month following entry into adult care home.
b. Cost of room and board in an adult care home is not a medical expense; do not count towards the Medicaid deductible.
c. Cost of personal care services received in an adult care home is a medical expense. Verify with the provider the amount and count towards the Medicaid deductible. XII. PROCEDURES FOR OTHER MEDICAID COVERED SERVICES ONLY (STEP III) When an a/b’s PML (see V.C.7.b., above) exceeds the Medicaid reimbursement rate for the nursing facility they are ineligible for Medicaid to pay any of their cost of care. However, they may be eligible for Medicaid to pay other medical services. The section instructs you how to make this determination.
A. Use Step III procedures when: 1. Need (financial eligibility) was established in Step I; BUT
2. After all Step II deductions, the a/b’s income is equal to or greater than the facility's Medicaid rate for 31 days for the level of services being provided.
B. Subtract the following from the a/b’s gross monthly income to determine net countable income in Step III:
1. The monthly $20 general income exclusion;
2. Earned income exclusions (Refer to MA-2250, Income);
3. From net earned income, $65 earned income exclusion plus 1/2 of the remainder;
4. The facility's Medicaid rate for 31 days (FL-2 is required to establish level of care); and
Docusign Envelope ID: 950E9248-29CC-8930-81BC-BCEC667EB493
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5. The PLA medically needy full maintenance for 1 (or 2 for spouses in the same LTC room). Do not deduct for the spouse or dependents at home.
C. Multiply the remaining income by the number of months in the prospective or retroactive certification period to determine the deductible amount. 1. The result, rounded to the nearest whole dollar (50 cents-up; 49 cents- down), is the amount of the deductible which must be met.
a. Do not apply the cost of care toward the deductible because it has already been deducted from net countable income in XII.B.4., above. Refer to MA- 2360, Medicaid Deductible, for allowable charges to count toward the deductible.
b. Eligibility for all other Medicaid covered services begins no earlier than the day the deductible is met.
2. There is no financial responsibility for spouses not living together. Therefore, do not apply the medical expenses of the spouse at home to the a/b's deductible.
D. When all eligibility criteria are verified, including documentation that the a/b can reasonably be expected to meet the deductible: 1. At application: a. Send the DHB-5099/5099s, Your Application for Medicaid is Pending for a Deductible, notifying the applicant and/or representative of the deductible amount. b. Send a manual DHB-5016, Notification of Eligibility for Medicaid/Amount and Effective Date of Patient's Liability to the facility notifying it of the applicant's patient monthly liability (PML). The PML is the facility's reimbursement rate for a 31 day month. c. When the deductible is met, approve the application and authorize the case. The automated DHB-5016 will be issued by NC FAST. 2. At the end of the first (and any subsequent) certification period: a. If the deductible was met,
(1) Notify the applicant and/or representative of the new deductible amount and recertify for an additional 6 months.
(2) Send a manual DHB-5016 to the facility notifying it of the PML. See XII.D.l.b., above. b. If the deductible has not been met, propose termination. c. When the deductible is met, authorize the case. NC FAST will issue the DHB-5016.
E. Whenever a Step III deductible is met, whether at approval of the application or when a certified case is authorized and the PML is keyed, Docusign Envelope ID: 950E9248-29CC-8930-81BC-BCEC667EB493
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NC FAST notifies the facility of the a/b’s PML using the DHB-5016. The living arrangement code is based on level of care for anyone authorized or certified by Step III procedures for other covered services only. XIII. PLA PROCEDURES WHEN THE A/B IS INELIGIBLE FOR COST OF CARE FOR REASONS NOT RELATED TO INCOME An a/b in a LTC living arrangement may be in financial need but not be eligible for Medicaid to pay cost of care because of reasons not related to income. Medicaid may be able to help with other medical costs under PLA budgeting. This procedure is different from STEP III budgeting, above, because STEP III is related only to the a/b's income. This section instructs you on when to do this and how. A. The following reasons result in PLA budgeting: 1. The case is under a transfer of resources sanction. Apply the cost of medically necessary care for which the a/b is responsible to the deductible DAILY, as incurred. (FL-2 is required)
2. The completed FL-2/MR-2 has not been received in the agency for the appropriate level of care with at least telephone approval. Do not apply the cost of care to the deductible.
The FL-2/MR-2 must be received in NC Tracks within 10 workdays of telephone prior approval. 3. Individual in a facility which is not yet licensed or certified.
a. Budget PLA for months prior to the month of certification and for the month in which certification begins.
b. Apply the facility's Medicaid per diem costs for the appropriate level of care (FL-2 required) to the PLA deductible. Verify the actual amount with the facility's business office.
(1) Use the amount the a/b is responsible for towards the PLA deductible to the extent that it is not covered by insurance or paid by any third party, including family.
(2) If the deductible is met prior to facility's certification:
(a) Authorize for other covered services only.
(b) Do not enter a PML amount.
(c) Code the living arrangement PLA.
(3) If the deductible is not met prior to facility's certification the a/b is ineligible for Medicaid to pay other covered services.
c. Begin LTC budgeting, using instructions below, when the facility becomes certified/licensed. Docusign Envelope ID: 950E9248-29CC-8930-81BC-BCEC667EB493
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(1) Shorten the deductible period. The last PLA budgeting month is the month in which certification begins on any day.
Eligibility for help with cost of care begins with the day of nursing home certification. Issue a DHB-5016 using the deductible balance, (may be $0), as the PML amount for the month of certification, beginning with the date of certification through the last day of the month. If the deductible was met in a prior month or there is not a deductible, NC FAST sends the DHB-5016.
(2) The first month of LTC budgeting and full patient liability is the month after the facility is certified.
(3) Deduct the facility's Medicaid per diem costs for the appropriate level of care (FL-2 required) as a one-time unmet medical need from the first LTC month's PML if:
(a) Date of service was during the month, and prior to the day, certification of the nursing home begins,
(b) The PLA deductible is met prior to the date of nursing home certification, and
(c) The charges were paid from the a/b’s income. Refer to VIII.E.3., above, for procedures and an example.
4. The individual is under a VA contract for VA payment of cost of care. There is no cost of care charged to the veteran.
a. LTC budgeting begins the same month that the contract ends.
b. The patient's liability (PML) to the facility for a first or transition month is the lesser of these amounts: (1) A full month's liability as computed in Step II, or (2) The number of days after the contract ends, multiplied by the facility's Medicaid daily rate (per diem).
B. If PLA budgeting results in:
1. No Deductible
a. Authorize the individual for help with other Medicaid covered services.
b. Notify the applicant using the DSS-8108 (approving the application) or beneficiary (continuing eligibility), the representative, and the facility: (1) That the cost of care in the facility will not be paid by Medicaid; (2) The reason or specific condition of eligibility which has not Docusign Envelope ID: 950E9248-29CC-8930-81BC-BCEC667EB493
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been met.
(3) That the applicant/beneficiary is eligible for coverage of other Medicaid covered services only.
2. A Deductible a. For the applicant:
(1) Send the DHB-5099/5099s, Your Application for Medicaid is Pending for a Deductible, when all other eligibility requirements are met.
(2) If the deductible cannot be met, deny the application, following procedures in MA-2300, Application, for deductible cases. b. For the beneficiary: (1) Certify the case in deductible status and notify the beneficiary, the representative, and the facility of the deductible amount and the need for medical bills. (2) Terminate at the end of the certification period if the deductible is not met. XIV. MEDICARE COVERAGE From time to time, the caseworker may need to know information about Medicare benefits. The material below explains some of the Medicare benefits. A. Approved Medicare SNF Care In A Nursing Facility 1. Medicare Part A may cover nursing home costs for a limited period of time if the care meets Medicare SNF requirements. Contact the facility to confirm Part A coverage. a. There is no co-payment for the first 20 days of Medicare approved SNF care. b. There are daily co-payments for the 21st through the 100th day of Medicare approved Medicare SNF. (See Table B for amounts.) 2. Medicaid will pay the Medicaid per diem rate less any Medicare payment but no more than the Medicare coinsurance amount.
B. Medicare Hospitalization Benefits 1. Hospitalization benefit period a. Begins when the individual enters for the first time: (1) A general hospital (2) A nursing home where they are Medicare approved for SNF care b. A new benefit period begins 60 continuous days after discharge from Docusign Envelope ID: 950E9248-29CC-8930-81BC-BCEC667EB493
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their last hospital or Medicare approved SNF. c. An individual who goes from care in a nursing facility which is not Medicare approved SNF to a hospital may establish a new benefit period. 2. Diagnosis Related Groups (DRG) Reimbursement. a. A set fee, based on the hospital's classification under Medicare and the patient's diagnosis, is incurred on the date of admission. (1) The entire Medicare Part A deductible is due on the date of admission provided a new hospital benefit period has begun. (2) When splitting the patient's PML between the hospital and the nursing facility, use only the Part A deductible for the portion assigned to the hospital instead of the actual hospital charges or per diem. Request the amount the a/b owes to the hospital. The PML is not changing, only to whom it is assigned.
b. If the patient is not admitted under DRG, they are responsible for actual daily hospital charges until the Medicare Part A deductible is met. (1) Use the actual daily charges at the Medicaid per diem, until the Medicare Part A deductible is met when splitting the PML.
(2) If the amount of PML not already owed to the NF for the month is less than the Part A deductible, assign that amount as PML to the hospital.
3. From Medicare approved SNF to the hospital, the a/b may remain in the same benefit period with no responsibility for the Part A deductible, but with the possibility of co-insurance responsibility.
4. Be sure to involve the hospital business office and/or NF since their knowledge of Medicare coverage assists in determining the a/b’s responsibility to the hospital.
XV. PRIOR APPROVALS (FL-2 AND MR-2) Certain types of care require prior approval by DHB. The FL-2/MR-2 are the Long- Term Care Services and Mental Health Services prior approval forms which give a summary of the patient's medical requirements. This section instructs you on the prior approval process.
A. Levels Which Require Prior Approval 1. Nursing facility level of care, including inappropriate level and swing beds in a general hospital. Care at this level also requires the Pre- Admission Screen and Annual Resident Review (PASARR) to be completed prior to EDS/Murdoch Center approval (See Table iii). The PASARR process assures that persons with serious mental illness, mental retardation, and/or conditions related to mental retardation receive appropriate placement and services. Docusign Envelope ID: 950E9248-29CC-8930-81BC-BCEC667EB493
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2. ICF-MR level of care is intermediate care in a facility for the mentally retarded (ICF-MR).
3. Prior approval for treatment of head injury (HI level) care requires additional medical information not requested on the FL-2 form. The caseworker may be asked to request additional medical information.
B. Determination Of Level Of Care The Long Term Care Provider Manual (published by EDS) contains the medical criteria for levels of care. 1. The Long Term Care level (FL-2) is approved/disapproved by the Prior Approval Unit at EDS. The Mental Health Services level (MR-2) is approved or disapproved by the clinical staff at the Murdoch Center.
2. The county DSS must review the patient's Medicaid eligibility if the change is to a private living arrangement, including home or adult care home level of care.
Refer to the appropriate letter (figures) at the end of this section.
C. Prior Approval Process 1. The patient must have at least applied for Medicaid.
2. The FL-2/MR-2 may be initiated for completion by any one of the following people: the social worker at the county dss, the hospital discharge planner, the nursing facility, or the patient's attending physician. The Local Management Entity (LME) may also initiate the MR-2.
3. The FL-2/MR-2 should be completed by the patient's attending physician or licensed psychologist according to instructions on the back of the form. The MR-2 must also be signed by the LME representative. The PASARR must also be completed as required (See Table iii).
4. The patient’s attending physician or their designee should send all three copies of the completed FL-2 to EDS, Prior Approval Unit, P.O. Box 31188, Raleigh, NC 27622. The MR-2 should be sent to the Murdoch Center, Specialized Services, P.O. Box 3000, Butner, NC 27509. Include information below to assist in routing of the form or to resolve questions of the reviewer.
a. Name and mailing address of patient.
b. Name and address of patient’s representative if other than patient.
c. Name and telephone number of person completing the form.
d. Name and telephone number of contact person in county DSS, if available. Docusign Envelope ID: 950E9248-29CC-8930-81BC-BCEC667EB493
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e. Patient's county of residence.
f. Patient's Medicaid ID number in block 5. The facility must contact DSS if the Medicaid ID number is not known.
g. Name and address of the patient's attending physician.
5. Incomplete FL-2 forms submitted to EDS will be returned to the county DSS and must be forwarded on to the attending physician with a request to complete and return as quickly as possible. The Murdoch Center faxes requests for incomplete information on the MR-2 form to the LME. The LME will then contact the appropriate person. 6. A new FL-2/MR-2 is required after 90 days, if Medicaid eligibility is lost or application is denied. 7. The approval process is complete when the stamped approvedFL-2/MR- 2 is returned from the fiscal contractor or the local management entity (LME) to the county. a. The approval date in block 13 of the FL-2/MR-2 will always be the date prior approval was given on the telephone or the date it was approved at EDS/Murdoch Center if the information was not telephoned to EDS/Murdoch Center. The effective date will be the same as the approval date unless a retroactive effective date is requested. b. If the admission date shows N/A, the effective date will be the same as the approval date. c. If the effective date is different from the approval date, it will be written in block 11 or 14 on the FL-2. It is usually written in by the person asking for prior approval and "highlighted". 8. If the facility or county realizes after receipt of the stamped approved FL- 2/MR- 2 from EDS/Murdoch Center that the approval date needs to be backed up to the date of admission, the facility must call EDS/Murdoch Center and give them the needed date. The caseworker should be alert to this possibility. 9. If the recommended level of care cannot be approved: a. The prior approval analyst will request additional information. b. If no response is received within 48 hours, a letter will be sent to the facility and the local agency indicating approval at the lower level of care.
D. Types of Prior Approval
1. Telephone/Fax a. Temporary FL-2/MR-2 prior approval may be obtained for patients Docusign Envelope ID: 950E9248-29CC-8930-81BC-BCEC667EB493
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who have been placed or are ready for placement. FL-2 prior approval may be obtained by calling EDS PA Unit Monday through Friday at 800-688-6696 or 1-919- 851-8888. MR-2 prior approval may be obtained by faxing the request to the Murdoch Center at 1- 919-575-1083 or by calling the Murdoch Center at 1- 919- 575-1070.
b. Only individuals knowledgeable of medical terminology may call for telephone approval. These individuals may include: (1) Physicians, (2) Registered nurses, (3) Licensed practical nurses, (4) Nursing home administrators who are RNs, (5) Social Workers, or (6) Case Managers.
c. The attending physician or their designee will send the completed FL- 2 to the EDS PA Unit. The MR-2 is sent to the Murdoch Center. The form must be received by EDS/Murdoch Center within 10 workdays after telephone or fax approval. Telephone/fax prior approval becomes invalid after 10 workdays.
2. Retroactive Prior Approval
a. Retroactive prior approval may be granted by telephone without additional medical information for up to 30 days immediately preceding the date the FL- 2/MR-2 was telephone approved or reviewed.
b. The retroactive prior approval received by phone must be documented on the FL-2/MR-2, and a copy of the FL-2/MR-2 showing the retroactive prior approval should be provided to the IMC. The IMC should revise the budgeting of the case, if needed.
c. Medical records must be submitted for review if the days needing approval exceed the 30 day limitation.
d. Retroactive prior approval will not be approved for time periods exceeding 90 days from the date Medicaid eligibility was established.
3. After the initial FL-2/MR-2 is approved, any further prior approval requests are the responsibility of the facility.
E. Prior Approval Responsibilities 1. Responsibilities of the local agency
a. The day after receiving FL-2/MR-2, distribute to the appropriate caseworker the stamped FL-2 (including additional information) Docusign Envelope ID: 950E9248-29CC-8930-81BC-BCEC667EB493
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received from EDS and forward a copy to the facility. Distribute to the appropriate caseworker the stamped MR-2 received from the LME. A copy does not need to be forwarded to the facility. Retain a copy in the case record.
b. Request/submit a new FL-2 if eligibility is lost for more than 90 days.
2. Responsibilities of the Prior Approval Unit
a. Give telephone prior approval.
b. Decide if the patient meets criteria for recommended level of care.
c. Upon approval, a 13-digit service review number (SRN) is systematically generated and is entered in block 12. The number remains valid if the patient:
(1) Enters or remains in a nursing facility and receives that level of care; or
(2) Is admitted to a hospital and then returns to the NF and receives the same level of care.
3. Responsibilities of the Nursing Facility (NF)
a. Do not accept or transfer a patient if prior approval is in doubt.
b. Retain a copy of the FL-2/MR-2 and the DHB-5016(s) in the patient's file and make these available for state and federal review.
c. File claims for reimbursement from Medicaid.
d. Notify the local agency within 48 hours of plans to:
(1) Move the patient to a different facility or hospital.
(2) Discharge the patient to home.
(3) Readmit the patient from the hospital.
e. When the patient is transferred to a different facility, provide a copy of the current approved FL-2/MR-2 with the current service review number.
F. Validity of Approval and Expiration Dates The stamped approved FL-2/MR-2 is valid for the period of time listed below.
1. For an individual still in PLA
If the patient is at home when the FL-2 is completed, they must be placed within 30 days or a new FL-2 is required.
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2. For an individual in a hospital
An approved FL-2/MR-2 is valid until the patient in the hospital is placed or until their condition changes.
a. If a patient must remain in the hospital inappropriate/swing bed because no appropriate bed can be located, a new FL-2 is required only if their condition changes.
b. A discharged patient must be placed within 30 days of discharge from the hospital or a new FL-2 is required.
3. For an individual in a LTC facility After placement, a physician, physician assistant, or nurse practitioner must certify that the patient continues to need approved services in a nursing facility. a. Skilled - At 30, 60, and 90 days after admission/readmission, and every 60 days thereafter.
b. ICF/MR - On admission and recertified annually.
G. Patient Approved For Adult Care Home Level of Care If the a/b is receiving nursing home care in the hospital or nursing facility but the FL-2 shows approved for adult care home level of care only, no facility charges for room and board can be applied to the deductible. Adult care home room and board is not a medical expense. Personal care services in the adult care home can be applied to the Medicaid deductible because personal care services are a medical expense. Use PLA budgeting procedures if the a/b applies for Medicaid only.
H. Reconsideration Review 1. If the level of Nursing Facility care which the attending physician recommends is denied initially or if the recommended level is changed at Utilization Review, the caseworker should advise the patient or representative that a reconsideration review may be requested by: a. The physician, who provides additional information on the patient's condition; or b. The patient or their representative who makes a written request by contacting the Department of Health and Human Services (DHHS) Hearing Officer at DHHS. DHHS Hearings and Appeals 2501 Mail Service Center Raleigh, NC, 27699-2501 (919) 855-3260
2. The patient whose level of nursing care changes is not required to move to another bed or to change nursing facilities during the reconsideration review process. Docusign Envelope ID: 950E9248-29CC-8930-81BC-BCEC667EB493
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They will continue at the same level of care during the appeal process.
3. The notice of the change in level of care sent by Clinical Policy at DHB to an active beneficiary outlines the correct procedure to request a reconsideration review and the time limits to make the request. Refer to the notices at the end of this section.
XVI. LONG TERM CARE OMBUDSMEN The Long Term Care Ombudsman Program is an advocacy program mandated by the Older Americans Act and the North Carolina General Statutes. Long term care ombudsmen are stationed throughout the State to assist long term care patients and their families with problems and questions related to long term care. Please refer to Adult Care Homes website, for more information on the program.
If you have a client who has a complaint about how they are being treated in a long term care facility or who needs to talk with someone about a particular long term care issue, please refer them to the long term care ombudsman who works in the county in which their facility is located.
XVII. TABLES TABLE A -- LTC RATES To be budgeted using LTC procedures: * The A/R must be institutionalized, * Have an approved FL-2 as outlined in MA-2270, and * Must be in need, as determined in Step I. MINIMUM MEDICAID REIMBURSEMENT RATES To determine the minimum Medicaid reimbursement rate (MRR) for 31 days for a skilled nursing facility, refer to V.B.1. The following is the MRR for 31 days for the facilities as listed:
ICF/IDD $12,014 Hospice Care in a NF (SNF) $6,615 Hospice Inpatient Care (Acute hospital) $16.144 ACTUAL RATES The particular facility's unique Medicaid reimbursement rate for 31 days. 1. NURSING FACILITY Verify the unique Medicaid per diem rate with the facility's business office for the approved level of nursing services.
2. HOSPITAL INAPPROPRIATE (NURSING FACILITY) LEVEL OF CARE BED All hospitals have these beds available. These rates apply to all general hospitals.
Docusign Envelope ID: 950E9248-29CC-8930-81BC-BCEC667EB493
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Per Diem For 31 Days Skilled $326.66 $10,126.46 Ventilator $653.32 $20,252.92
3. HOSPITAL SWING BEDS A swing bed is certified as a swing bed by Medicare. Not all hospitals have swing beds. Swing bed rates are the same as Hospital Inappropriate Level of Care beds. 4. HOSPICE CARE IN A NURSING FACILITY The business office of the Hospice agency can verify the actual rate for room and board and other services provided to the specific individual. Or contact the Budget Management Section of the Division of Health Benefits at 919/855-4200. Be prepared to state the patient's level of care and the name and address of the nursing facility.
TABLE B – MEDICARE CO-PAYMENT AMOUNTS Effective 01-01-26 MEDICARE PART A A. Approved Medicare SNF in a Nursing Facility 1. 1-20 days SNF --- no co-pay. 2. 21-100 days --- $217 per day. B. PART A Hospitalization Benefits 1. First 60 days --- Medicare Part A deductible, $1,736 total. 2. 61st through 90th day --- $434 per day. 3. 91st – 150th Lifetime reserve days --- $868.00 per day.
TABLE C -- STANDARD UTILITY ALLOWANCE Effective 01/01/26
Household Size Standard Allowance 1 $637 2 $699 3 $768 4 $837 5 $912
Docusign Envelope ID: 950E9248-29CC-8930-81BC-BCEC667EB493
47
TABLE D -- When to Submit A FL-2, LOC or DHB-2193, Memorandum CAP Waiver Enrollment Status For Prior Approval
New Prior Approval Required [FL-2 with or without PASARR]
NOTE: Rehabilitation centers usually provide either SNF care, or the more specialized level of care, HI (head injury). Individuals who request Medicaid payment of cost of care in a nursing facility rehabilitation center are requested to have prior approval on the FL-2. If the care is HI, additional medical documentation will be submitted with the FL-2. TO From Hospital Nursing Facility ICF/IDD CAP/DA & CAP/C Innovations PRTF Home NO FL-2 w/PASARR LOC DHB-2193 LOC NO Hospital NO FL-2 w/PASARR LOC DHB-2193 LOC NO Nursing Facility NO FL-2 w/PASARR LOC DHB-2193 LOC NO ICF/IDD NO FL-2 w/PASARR LOC DHB-2193 LOC NO CAP/DA & CAP/C NO FL-2 w/PASARR LOC DHB-2193 is required if change in level of care LOC NO Innovations NO FL-2 w/PASARR LOC DHB-2193 NO NO PRTF NO FL-2 w/PASARR LOC DHB-2193 LOC NO Docusign Envelope ID: 950E9248-29CC-8930-81BC-BCEC667EB493
North Carolina Department of Health and Human Services North Carolina Medicaid Division of Health Benefits AGED, BLIND AND DISABLED MEDICAID MANUAL MA-2275
PROGRAM OF ALL-INCLUSIVE CARE FOR THE ELDERLY (PACE)
REVISED 05/18/2021 - CHANGE NO. 07-21
I. BACKGROUND & INTRODUCTION
Program of All-Inclusive Care for the Elderly (PACE) is a federal program administered by the Centers for Medicare and Medicaid Services (CMS).
PACE is a managed care program that enables individuals who are 55 years or older and are certified to need nursing facility care to live as independently as possible.
PACE participants receive a comprehensive service package which permits them to live at home while receiving services. This prevents institutionalization. The PACE organization must provide all Medicaid covered services, in addition to other services determined necessary by PACE for the beneficiary. The PACE program becomes the sole source of services for Medicaid and/or Medicaid/Medicare eligible enrollees.
The PACE organization receives a capitated payment for each beneficiary and assumes full financial risk for participants’ care without limits on amount, duration, or scope of services. CMS establishes and pays the Medicare capitation and each State establishes and pays the Medicaid capitation. When the enrollee receives Medicaid and Medicare, the PACE organization receives a Medicaid capitation payment and a Medicare capitation payment.
A. PACE Organization
1. The PACE program is regulated through a three-party agreement among Centers for Medicare and Medicaid Services (CMS), North Carolina Department of Health and Human Services (DHHS) through the Division of Health Benefits (DHB), and the PACE organization.
2. The PACE organization administers and is responsible for enrolling individuals into the PACE program.
3. The PACE program allows North Carolina to use Medicaid funds to provide home and community-based services to Medicaid beneficiaries who require institutional care (placement in a skilled nursing facility [SNF]), but for whom care can be provided cost-effectively and safely in the community. Institutional care for PACE is defined as SNF level.
4. A PACE organization is required to provide a specified set of services that includes:
• Interdisciplinary team case management • Adult day health program • Skilled nursing care • Primary care physician services
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• Specialized therapies • Personal care services • Nutrition counseling • Meals • Transportation • Prescriptions
5. If at any time, PACE determines a beneficiary can no longer be cared for in the home, the PACE organization may place the PACE beneficiary in another health care setting for a short period of time, or if necessary, it can be a permanent placement. Temporary and/or permanent placement in another health care setting such as a nursing facility does not change an individual’s PACE enrollment status or capitation rate. The PACE organization is responsible for payment of cost of care.
B. PACE Program Enrollment Requirements
1. An individual must be living in the approved geographic area of the PACE organization;
2. Be at least 55 years old or older
3. Be determined by the PACE organization to be able to be cared for safely in the community
4. Meet the State’s eligibility criteria for nursing home level of care.
C. PACE Program Enrollment Process
1. Applications for PACE enrollment are initiated and processed by the PACE organization. Once PACE approves enrollment, the applicant must sign a Participant Enrollment Agreement. PACE enrollment is always the first day of the month following the month the Participant Enrollment Agreement is signed and received by the PACE organization.
2. Once enrolled for PACE, the beneficiary is enrolled for the next year unless they terminate enrollment. PACE beneficiaries are re-assessed annually by the PACE organization.
3. “Lock-In” Provision
"Lock-in" means once enrolled in PACE, health care services will be provided through the PACE organization. Services will be approved by the members of the PACE Interdisciplinary Team. If a PACE beneficiary receives medical services that have not been approved by the PACE Interdisciplinary Team, the beneficiary may be personally responsible for paying the cost of those services. If a PACE beneficiary receives medical services from a non-PACE medical provider without prior authorization (with the exception of
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Emergency Services), the beneficiary may be liable for the full cost of those services.
4. When an individual enrolls in PACE, they are ineligible for any other Medicare plans or any other Medicaid services, programs, or optional benefits, except for Medicaid for Qualified Medicare Beneficiaries (MQB). Refer to X below.
D. Medicaid Eligibility for PACE
1. The county must determine Medicaid eligibility for individuals requesting PACE services following the rules and regulations for Aged, Blind and Disabled Medicaid, including the need for a FL-2.
2. DHB makes a prospective capitated monthly payment to the PACE organization for each eligible Medicaid participant. The local agency must determine Medicaid eligibility for individuals requesting PACE services.
3. Because of the exclusively frail population served by PACE and the immediate need for PACE services, it is imperative that Medicaid applications and requests for PACE services be expedited. Eligibility must be entered by the second to the last workday of the month in order for the PACE capitated payment to begin the next calendar month. Failure to enter PACE evidence by the second to the last workday of the month will result in denied payments to the PACE organization. PACE organizations are aware that application processing times can be reduced dramatically by assisting the county in obtaining financial and other eligibility information. Communication between the local agency and the PACE organization is crucial to attain priority processing of Medicaid eligibility for PACE services.
II. PACE AND MEDICAID REFERRAL PROCEDURES
The DHB 5106, PACE/Medicaid Referral, is used for communication, notification, and documentation between Medicaid and the PACE organization. Page 1 is completed by the county and page 2 is completed by the PACE organization. Page 1 contains an authorization for release of information to Medicaid and page 2 includes an authorization for release of information to PACE. The authorizations for release of information must be signed by the applicant/beneficiary and is valid for one year. This authorization is limited to information listed on the DHB-5106, PACE/Medicaid Referral, which includes notification of application denial and/or termination of eligibility.
A. Medicaid Applicant/Beneficiary (A/B) Requests PACE Services
When an individual requests PACE enrollment information from the local agency, the individual should be referred to the PACE organization covering the service area where the individual resides. The caseworker should also complete page 1 of the DHB -5106, PACE/Medicaid Referral, and send to the PACE organization.
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B. Processing PACE Referrals
When an individual requests enrollment with the PACE organization and indicates a need for financial/medical assistance, the PACE organization will complete page 2 of the DHB -5106, PACE/Medicaid Referral, and submit it to the local agency in the county the individual resides in. PACE may also assist individuals by completing a Medicaid mail-in application. The date of the application is the date a complete application is received by the local agency.
III. ELIGIBILITY DOCUMENTATION FOR PACE
The local agency must maintain a copy of the PACE enrollment notification, the DHB- 5002, Important Notice About Your Medicaid or Special Assistance Approval, including automated notices, and the current FL-2 to document eligibility for PACE participation. Refer to MA-2420, Notice and Hearings Process.
IV. POLICY PRINCIPLES
A. General Policy Rules
To be authorized for Medicaid coverage of PACE services, the a/b must
1. Be enrolled in the PACE program.
2. Be eligible for Medicaid in the Aged, Blind, and Disabled (MAABD) aid program.
3. Be certified by the Division of Health Benefits (DHB) as meeting nursing home level of care (FL-2). Preadmission Screening and Annual Resident Review (PASAAR) requirements are not applicable to PACE. When the a/b is admitted to a SNF, temporarily or long-term, PASAAR is required.
4. Be at least 55 years old or older.
5. Be living in the approved geographic area of the PACE organization.
B. Budget Unit
Effective the month the PACE Enrollment Agreement is signed, the budget unit is one. This applies even if a couple is enrolled in PACE.
C. Living Arrangement
1. The appropriate PACE living arrangement evidence must be added to dashboard in NCF, to reflect the individual’s living arrangement while enrolled in PACE. See NC FAST Job Aid: PACE
2. The following living arrangements are used for PACE. Benefit History should display one of these codes.
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CODE LIVING ARRANGEMENT 14 PACE Private Living Arrangement 15 PACE Private Living with SSI Recipient(s) 54 PACE Living in a Nursing Facility
D. Retroactive Eligibility/Eligibility Prior to PACE Enrollment
1. There is retroactive coverage for regular Medicaid services if Medicaid eligibility requirements are met in the retroactive period or before PACE enrollment is effective.
2. There is no retroactive coverage for PACE services. For all months prior to the month a PACE enrollment agreement is signed the a/b is budgeted using Private Living Arrangement (PLA) rules and should be budgeted with all financially responsible members of the household. Beginning the month the PACE agreement is signed, the budget unit is one. See IV.B, above.
E. Continuous Period of Institutionalization (CPI)
The CPI begins the first day of the month the a/b signs the PACE Enrollment Agreement with the PACE organization.
F. Community Spouse Income Allowance (Spouse in PLA)
Community Spouse Income Allowance (CSIA) applies to PACE a/b’s. Follow policy in MA-2270, Long-Term Care Need and Budgeting.
1. Only one spouse is PACE participant: CSIA policy applies for the community spouse.
2. Both spouses are PACE participants in a private living arrangement: There is no community spouse in this scenario.
3. Both spouses are PACE participants and one is permanently placed in SNF and the other remains at home: CSIA policy applies for the community spouse
G. Dependent Family Member Allowance
Dependent family member allowance applies to PACE a/b’s. Follow policy in MA- 2270, Long-Term Care Need and Budgeting.
H. Reserve
1. The reserve limit is for a budget unit of one in all PACE cases beginning with the month PACE enrollment agreement is signed. Refer to MA-2230, Financial Resources, for instructions regarding reserve requirements and procedures.
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2. Spousal resource protection applies in PACE. The non-institutionalized spouse is entitled to resource protection. Resource protection begins the first day of the month the PACE Enrollment Agreement is signed. Refer to MA- 2231, Community Spouse Resource Protection.
I. Transfer of Assets
Transfer of assets sanctions apply to PACE. When a transfer of assets sanction period is determined for an applicant/beneficiary who is enrolled in the PACE program, evaluate for MQB only. Individuals enrolled in the PACE program are ineligible for all other Medicaid programs, (excluding MQB) during the sanction period. Refer to MA-2240, Transfer of Assets, and X.C . below.
J. Estate Recovery
PACE a/b’s are subject to estate recovery. See MA-2285, Estate Recovery.
K. Managed Care
PACE beneficiaries are excluded from enrollment in NC Medicaid Managed Care and they are exempt from choosing a primary care provider (PCP). NC FAST will populate the PACE exemption code (9999906) automatically on the beneficiary’s Benefit History. See NC FAST Job Aid: Program of All-inclusive Care for the Elderly (PACE).
L. Medicare Buy-In
Medicaid-eligible PACE beneficiaries eligible for Medicare qualify for Medicare enrollment and buy-in. Follow procedures in MA-2410, Medicare Enrollment and Buy-In.
M. Medicare Part D
The PACE organization is also the Medicare Part D prescription drug plan provider. PACE beneficiaries will enroll with PACE for Medicare Part D prescription drug plan. Part D enrollment is completed by the PACE organization.
N. Skilled Nursing and Adult Care Homes
When a beneficiary who is enrolled with a PACE Organization enters a skilled nursing facility or an adult care home, PACE is responsible for paying the facility for the beneficiary’s cost of care. See X.D, below, for further instructions on how to react to this type of change in circumstance.
Beneficiaries who are receiving Medicaid for PACE are not eligible to receive Special Assistance while enrolled with a PACE Organization.
V. PACE BUDGETING
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A. When to begin Long-Term Care (LTC) budgeting
Use Long-Term Care budgeting for a/b’s enrolled or seeking enrollment in the PACE program beginning the first day of the month following the month the PACE Enrollment Agreement is signed. Follow procedures in MA-2270, Long-Term Care Need and Budgeting with the following exceptions:
1. Because PACE beneficiaries are living in the community and have greater needs for shelter, food and clothing, a different maintenance allowance is required. To meet these greater needs, PACE beneficiaries living in their homes are allowed a Personal Needs Allowance (PNA) in the amount of 100% of the Federal Poverty Level (FPL).
2. 1/3 Reduction does not apply to PACE beneficiaries.
B. Determine Whose Income to Count
1. For all months (including retro months for applications) prior to the month a PACE enrollment agreement is signed, budget the a/b with all other financially responsible household members, see MA-2260, Financial Eligibility Regulations-PLA.
2. Beginning the month that a PACE enrollment agreement is signed, the a/b is budgeted as a Medicaid individual, see MA-2270, Long-Term Care Need and Budgeting.
C. Establish Financial Eligibility
Follow policy in MA-2270, Long-Term Care Need and Budgeting. Contact the appropriate PACE organization to obtain the PACE facility private rates used in Step I and Step II. budgeting.
D. Determine Patient Monthly Liability (PML)
1. PACE Beneficiary Residing at Home or Temporarily in a Nursing Facility
If financial eligibility exits, proceed to determine the a/b’s share of cost.
a. Temporary placement in a nursing facility by PACE is defined as less than 6 months.
b. Establish Gross Income
Establish gross amounts of all types of income, earned or unearned, that are countable based on policy in MA-2250, Income.
(1) Count actual amount of SSA benefit received if it is reduced to recoup an SSA overpayment.
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(2) Count total VA benefit received in excess of the $90 improved pension, including Aid and Attendance (A&A) and unreimbursed medical expenses (UME), for veterans who reside in a North Carolina State Veterans Nursing Home.
c. Subtract Operational Expenses
Subtract operational expenses from income-producing real/personal property, or from income produced through the operation of a business. (Refer to MA-2250, Income.)
d. Subtract the Special Personal Needs Allowance. Refer to VI. below.
2. PACE Beneficiary Residing in a Nursing Facility Permanently
If financial eligibility exists, proceed to determine the a/b’s share of cost.
a. Permanent placement in a nursing facility by PACE is defined as 6 months or longer. PACE beneficiary residing in a nursing facility continue to be enrolled and authorized for PACE services. The PACE organization is responsible for payment to the nursing facility as long as the beneficiary continues to be enrolled in PACE.
b. Establish Gross Income
Establish gross amounts of all types of income, earned or unearned, that are countable based on policy in MA-2250, Income.
(1) Count actual amount of SSA benefit received if it is reduced to recoup an SSA overpayment.
(2) Count total VA benefit received in excess of the $90 improved pension, including Aid and Attendance (A&A) and unreimbursed medical expenses (UME), for veterans who reside in a North Carolina State Veterans Nursing Home.
c. Subtract Operational Expenses
Subtract operational expenses produced on income-producing real/personal property, or from income produced through the operation of a business. (Refer to MA-2250, Income.)
d. Subtract Personal Needs Allowance. Refer to VI. below.
VI. ALLOWABLE DEDUCTIONS
A. PACE Beneficiary– Residing at Home or Temporarily in Another Health Care Setting or a Nursing Facility
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Excluding the Special 100% poverty level PNA deduction, the total deduction for all types of personal needs allowances listed below cannot exceed the medically needy maintenance level for an individual ($242).
Special Personal Needs Allowance (SPNA) – amount equal to 100% Poverty Level
1. PACE individuals living in the community have greater needs for shelter, food, and clothing. In order to meet these needs, PACE beneficiaries receive a special personal needs allowance in the amount of 100% of the Poverty Level. This replaces the $30 personal needs allowance. For a married PACE couple, each spouse receives a Special Personal Needs allowance in the amount of 100% of the Poverty Level.
2. If necessary, PACE individuals may be temporarily placed in another health care setting or a nursing facility by the PACE organization. No budgeting changes are made during the temporary status and the PML remains unchanged. Temporary placement in another health care setting or a nursing facility is defined as less than six months. When a PACE individual is temporarily placed in a nursing facility, the DHB-5106, PACE/Medicaid Referral, is used as verification of temporary placement.
3. The living arrangement code remains unchanged during temporary nursing facility placement. Refer to NC FAST job aid: Program of All-inclusive for the Elderly (PACE)
4. Court ordered guardianship fees. Refer to MA-2270, Long-Term Care Need and Budgeting.
5. Non-discretionary mandatory deductions. Refer to MA-2270, Long-Term Care Need and Budgeting.
6. Unmet medical needs. Refer to MA-2270, Long-Term Care Need and Budgeting.
7. Personal needs allowance for work incentive. Refer to MA-2270, Long-Term Care Need and Budgeting.
B. Personal Needs Allowance for PACE Beneficiary – Permanently Residing in a Nursing Facility
The total deductions for all types of personal needs allowances listed below cannot exceed the PLA medically needy maintenance level for an individual ($242).
Personal Needs Allowance – $30 for a PACE individual or $60 for a married PACE couple residing permanently in a nursing facility and who share a room.
1. If necessary, PACE beneficiaries may be permanently placed in another health care setting or a nursing facility by the PACE organization. When permanent placement is required, the PACE beneficiary’s needs decrease and the 100%
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Poverty Level special personal needs allowance is adjusted to $30. Permanent placement in a nursing facility is defined as six months or longer. DHB-5106, PACE/Medicaid Referral, is used as verification of permanent placement and the effective date of permanent placement. See IV.F and IV.H, above, evaluate for CSIA and resource protection.
2. The living arrangement evidence must be changed to reflect permanent nursing facility status. Refer to NC FAST job aid: Program of All-Inclusive Care for the Elderly (PACE).
3. Court ordered guardianship fees. Refer to MA-2270, Long-Term Care Need and Budgeting.
4. Non-discretionary mandatory deductions. Refer to MA-2270, Long-Term Care Need and Budgeting.
5. Unmet medical needs. Refer to, MA-2270, Long-Term Care Need and Budgeting.
6. Personal needs allowance for work incentive. Refer to MA-2270, Long-Term Care Need and Budgeting.
VII. MEDICAID AUTHORIZATION FOR PACE SERVICES
A. Medicaid Authorization for PACE Services Effective Date
1. The first day of the month following the month PACE enrollment agreement is signed and approved by the PACE organization
AND
2. The local agency determines eligibility and enters evidence into NC FAST by the second to the last workday of the month. If keyed after the second to the last workday of the month, the authorization for PACE services is effective the next month.
B. Applications – PACE Enrollment Pending
1. All application processing time frames apply unless the individual referred for PACE is already a Medicaid beneficiary.
2. When Medicaid eligibility is established, regardless of notification of PACE enrollment:
a. Do not wait for PACE enrollment notification.
b. Authorize Medicaid without PACE designation in NC FAST, when all eligibility factors are met.
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OR
c. Refer to MA-2300 Application and MA-2360, Medicaid Deductible when the applicant meets eligibility requirements for Medically Needy (MN).
C. Applications and Ongoing Cases – PACE Enrollment Complete
1. When an application is approved, or an ongoing change is processed on or before the second to the last workday of the month:
a. Authorization for PACE is the first day of the month following the month of PACE enrollment.
EXAMPLE:
Joe Jones is married and living with his spouse, Mary Jones. Mr. Jones applied for Medicaid and requested PACE services on June 27th. Mrs. Jones did not apply for Medicaid.
Mr. Jones also applies for enrollment with the PACE organization on June 27th.
Mr. Jones completes his enrollment with the PACE organization on July 7th. The PACE organization sends a referral to the local agency on July 8th verifying Mr. Jones’ PACE enrollment date as July 7th.
Joe’s caseworker establishes Medicaid eligibility and enters PACE evidence in NC FAST on July 20th. Medicaid PACE authorization is effective August 1st.
b. For applications, evaluate retroactive months for all Medicaid programs. See MA-2300, Application and MA-2260, Financial Eligibility Regulations-PLA
EXAMPLE:
Using the scenario in the above example, the caseworker should evaluate Mr. Jones for retroactive Medicaid for the months of March, April, and May. See MA-2300, Application
c. Evaluate ongoing months for all Medicaid programs. See section V.C, above for budgeting. Beginning with the month the PACE enrollment agreement is signed, budget the a/b as one.
EXAMPLE:
The caseworker will also evaluate Mr. Jones for the ongoing months of June and July for PLA Medicaid. See MA-2300, Application and MA- 2260, Financial Eligibility Regulations-PLA.
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In this scenario, Mr. Jones should be budgeted as a Medicaid Individual with an Ineligible Spouse for March, April, May, and June.
Beginning July 1, Mr. Jones should be budgeted as a Medicaid Individual because the PACE enrollment agreement was signed in July.
d. Mail DHB-5002, Important Notice About Your Medicaid or Special Assistance Approval, for the approval of PACE.
2. When an application is approved, or an ongoing change is processed AFTER the second to the last workday of the month:
a. Authorization for PACE will be the first day of the month after a PACE eligibility decision is accepted and activation is completed in NC FAST.
EXAMPLE:
Susie Solomon is a widow, living alone. She applies for Medicaid and PACE services on June 27th. She also applies with the PACE organization for enrollment on June 27th.
Susie signs her enrollment with the PACE organization on July 7th.
The PACE organization sends a referral to the local agency on July 8th verifying Susie’s PACE enrollment date as July 7th.
Susie’s caseworker establishes Medicaid eligibility but does not enter PACE evidence into NC FAST until July 31st . This means the PACE organization will not be paid for August. Medicaid PACE authorization is effective September 1st.
b. For applications, evaluate retroactive months for all Medicaid programs. See MA-2300, Application.
EXAMPLE:
Using the scenario above, retroactive PLA Medicaid must be evaluated for March, April, and May. See MA-2300, Application.
c. Evaluate ongoing months for all Medicaid programs. See section V.C, above for budgeting. Beginning with the month the PACE enrollment agreement is signed, budget as one.
EXAMPLE:
The caseworker will also evaluate Susie for ongoing PLA Medicaid for June, July, and August. See MA-2300, Application and MA-2260, Financial Eligibility Regulations-PLA.
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In this scenario, Susie is budgeted as a Medicaid Individual for all months because she lives alone. If Susie had a spouse, LTC budgeting would begin July 1 because the PACE enrollment agreement was signed in July.
d. Mail DHB-5002, Important Notice About Your Medicaid or Special Assistance Approval, for the approval of PACE.
The caseworker should make every effort to process applications and ongoing changes prior to the second to the last workday of the month. When the PACE Product Delivery Case (PDC) is not activated in NC FAST on or before the second to the last workday of the month, the a/b will not be eligible for PACE Medicaid and the PACE organization will not be paid for the next month.
VIII. MEDICAID CERTIFICATION AND AUTHORIZATION FOR PACE
A. For an application
1. Certify the case for 12 months,
AND
2. Follow the procedures in MA-2350, Certification and Authorization.
Refer to NC FAST job aids: Program of All-Inclusive Care for the Elderly (PACE) and Application to Case.
B. For an ongoing case, continue in the established certification period.
IX. REDETERMINATION OF ELIGIBILITY/REVIEW
Follow policy in MA-2320, Redetermination of Eligibility.
X. CHANGE IN SITUATION
When a change in situation results in an individual’s ineligibility for Medicaid authorization for PACE, always explain that disenrollment from PACE is an option and refer them to the PACE organization. PACE applicants/beneficiaries that disenroll from PACE must be evaluated for other Medicaid programs. PACE a/b’s that do not disenroll from PACE are not eligible for any Medicaid services.
A. Voluntarily/Involuntarily Disenrolls from the PACE Program
A PACE participant may voluntarily disenroll or be involuntarily disenrolled at any time. The disenrollment is effective on the first day of the month after the disenrollment date provided by the PACE Organizations. Disenrollment can occur any day of the month, including the last day of the month and the effective date is the first day of the next month.
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The PACE Organization will provide the disenrollment date on the DHB-5106, PACE/Medicaid Referral. The caseworker should take the following action:
1. End date the PACE evidence in NC FAST with the last day of the disenrollment month which will make the disenrollment effective the first day of the next month.
2. A DHB-8020, Medicaid Eligibility Corrections Form, may be required to be submitted to the DHB DSS Support Unit, if the action is taken too late to end PACE eligibility for the month of disenrollment. See NC FAST Job Aid: DHB Queue for Claims.
3. Redetermine eligibility using PLA budgeting. Refer to MA 2260, Financial Eligibility Regulations – PLA.
a. Individual remains eligible for Medicaid without PACE:
Send an adequate DSS-8110, Notice of Modification, Termination, or Continuation, stating the PACE eligibility end date and the Medicaid benefits will continue.
b. Individual ineligible for Medicaid without PACE:
Send a timely DSS-8110, Notice of Modification, Termination, or Continuation, stating the PACE end date and the Medicaid end date. Follow notice requirements found in MA-2420 Notice and Hearings Process. Evaluate for all other Medicaid programs prior to termination.
B. County Transfers
1. When a PACE a/b moves out of the county and is no longer enrolled with a PACE organization, the caseworker must evaluate for PLA Medicaid, and
a. If a/b continues to be eligible for Medicaid in another program, remove PACE evidence in NC FAST. Follow procedures in MA-2221, County Residence and NC FAST job aid: Completing a County Transfer.
b. If a/b is ineligible for Medicaid, terminate the case and send a timely DSS- 8110, Notice of Modification, Termination, or Continuation.
2. When a PACE a/b moves out of the county (County 1) and enrolls in PACE in another county (County 2), follow county transfer procedures in MA-2221, County Residence and NC FAST job aid: Completing a County Transfer. When changing PACE enrollment to a different PACE Organization, there may be a break in PACE Medicaid and the a/b must be evaluated for PLA Medicaid.
3. When a PACE a/b moves out of the county (county1) and remains enrolled in the same PACE Organization in a new county (county 2), follow county
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transfer procedures in MA-2221, County Residence and see NC FAST job aid: Completing a County Transfer. When the a/b remains enrolled in the same PACE Organization, there will be no break in PACE Medicaid.
C. Sanction Status
1. Applications
When an individual applies for Medicaid, and a transfer of assets sanction period has been determined, and the individual remains enrolled in the PACE program, evaluate for MQB only. Individuals enrolled in the PACE program are ineligible for all other Medicaid programs, (excluding MQB) during the sanction period.
a. If eligible for MQB, authorize Medicaid without PACE designation in NC FAST.
(1) Refer to MA-2300, Application.
(2) Send the DHB-5106, Medicaid/PACE Referral, to notify the PACE organization the beneficiary is not eligible for payment of PACE services.
b. If ineligible for MQB
(1) Deny the application. NC FAST will send a DSS-8109, Notice of Benefits Denied or Withdrawn. Refer to MA-2300, Application and MA-2240, Transfer of Assets. Deny the application.
(2) Send the DHB-5106, Medicaid/PACE Referral, to notify the PACE organization the beneficiary is not eligible for payment of PACE services.
2. Ongoing
When a transfer of assets sanction is imposed, and the beneficiary remains enrolled in the PACE program, evaluate for MQB only. Individuals enrolled in PACE are ineligible for all other Medicaid programs (excluding MQB) during the sanction period.
a. If eligible for MQB, after following policy found in MA-2240, Transfer of Assets, allowing the beneficiary opportunity to rebut the transfer/request undue hardship:
(1) Generate a timely DSS-8110 Notice of Modification, Termination, or Continuation, in NC FAST, to impose the sanction and notify the a/b that their full Medicaid will end. The caseworker should ensure that the correct reason and case outcome are selected. See
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NC FAST Job Aid: MA/MAGI DSS-8110 Notice of Modification, Termination or Continuation of Public Assistance.
(2) Follow NC FAST Job Aid: Sanctions for Transfer of Assets to impose the sanction and continue the MQB case.
(3) Send the DHB-5106, Medicaid/PACE Referral, to notify the PACE organization the individual is no longer eligible for payment of PACE services.
b. If ineligible for MQB, terminate the case.
(1) Send a timely DSS-8110 Notice of Modification, Termination, or Continuation,. See NC FAST Job Aid: MA/MAGI Notice of Modification, Termination or Continuation of Public Assistance.
(2) After the timely notice period has expired, send the DHB-5106, Medicaid/PACE Referral, to notify the PACE organization the beneficiary is no longer eligible for payment of PACE services.
c. SSI Beneficiary
(1) End date PACE evidence in NC FAST and follow policy in MA- 2240, Transfer of Assets.
(2) Generate a timely DSS-8110 Notice of Modification, Termination, or Continuation, in NC FAST, to impose the sanction and notify the a/b that Medicaid will not pay for PACE services during the sanction period. The caseworker should ensure that the correct reason and case outcome are selected. See NC FAST Job Aid: MA/MAGI DSS-8110 Notice of Modification, Termination or Continuation of Public Assistance.
(3) Send the DHB-5106, Medicaid/PACE Referral, to notify the PACE organization the beneficiary is no longer eligible for payment of PACE services.
D. Other Changes
1. When a PACE beneficiary enters a skilled nursing facility (SNF) and remains enrolled in the PACE program, the PACE organization is responsible for the beneficiary’s cost of care. See section VI.A-B (above) for budgeting instructions.
2. When a PACE beneficiary enters a SNF and disenrolls from the PACE program, the PACE organization is responsible for the beneficiary’s cost of care through the month of disenrollment. See section X.A (above) for instructions for voluntary or involuntary disenrollment, including how to make Medicaid Eligibility corrections when needed.
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3. When a PACE beneficiary enters an adult care home (ACH), the PACE organization is responsible for the beneficiaries cost of care. Beneficiaries eligible for PACE and enrolled in a PACE program are not eligible for Special Assistance.
XI. AUTOMATED AND MANUAL NOTICES FOR PACE SERVICES
A. Automated and manual notices
1. Follow all notice requirements in MA-2420, Notices and Hearings Process, including the right to a fair hearing. The a/b has the right to request a hearing if they disagree with any decision regarding their benefits.
2. A/B notices should only be forwarded to the a/b and their representative. See MA- 2420, Notices and Hearings Process, for more information about representatives. If the PACE Organization is not an authorized representative, only the DHB-5106, PACE/Medicaid Referral, should be shared with the PACE Organization.
B. Approval Notice
Medicaid a/b - PACE Approved (application or ongoing with a change in situation):
1. Forward a copy of the DHB-5002, Important Notice About Your Medicaid or Special Assistance Approval, to the a/b, their authorized representative, and the PACE Organization.
2. A DHB-5016, Notification of Eligibility for Medicaid/Amount and Effective Date of Patient's Liability, should be generated and sent to the PACE organization as notification of the Patient Monthly Liability (PML).
C. Termination/Change
Medicaid Beneficiary – PACE Terminated
1. NC FAST automatically generates the DSS-8110 Notice of Modification, Termination, or Continuation. The caseworker should ensure that the notice is mailed to the beneficiary when PACE ends (Medicaid terminates, change to MQB, change to deductible, selecting a primary care provider – NC Medicaid Direct, change to non-PACE living arrangement, etc.), and
2. Forward a copy of the DSS-8110 Notice of Modification, Termination, or Continuation, to the beneficiary, their authorized representative, and the PACE Organization.
XII. PACE APPLICATION REPORT
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PACE application processing activity will be monitored by DHB. On the date of disposition, complete and fax the DHB-5166, Pace Application Report, to (919) 224- 1070, Attention: Medicaid Eligibility Unit.
XIII. PACE SERVICES – INTERNAL APPEAL PROCESS
A. Appealing a denied PACE service
When a service is denied or not paid, there is an internal PACE appeal that can be requested by the beneficiary. This appeal is not a Medicaid appeal and the process takes place between the PACE Organization and the PACE beneficiary. Caseworkers should refer the beneficiary to the PACE Organization to request this type of appeal.
B. Appealing to Medicare or Medicaid
After the internal PACE appeals process is completed, if the PACE beneficiary is still not satisfied, an appeal to either Medicare or Medicaid may be requested. If the beneficiary is requesting a Medicaid appeal, the PACE Organization should use the DHB-5165, PACE Referral Request for a Medicaid Hearing, as a means of communicating the request to the local agency. The date of the appeal request is the date that the DHB-5165 is received by the local agency.
XIV. MEDICAID APPEAL PROCESS
A. Appeal requirements apply to PACE cases just as with any other Medicaid case.
B. Refer to MA-2420, Notice and Hearings Process.
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North Carolina Department of Health and Human Services North Carolina Medicaid Division of Health Benefits AGED, BLIND AND DISABLED MEDICAID MANUAL MA-2280
COMMUNITY ALTERNATIVES PROGRAM (CAP)
REVISED 7/1/2020 – CHANGE NO. 03-20
I. INTRODUCTION TO CAP
Community Alternatives Program (CAP) is a 1915(c) home and community- based Services Waiver under the Social Security Act. The Waiver allows North Carolina Medicaid funds to be used to provide home and community-based services to Medicaid beneficiaries. These services provide both medical and non-medical home and community-based services to prevent or delay institutionalization.
II. CAP SERVICES ARE OFFERED IN THE FOLLOWING CATEGORIES:
A. CAP for Disabled Adults (CAP/DA)
A North Carolina home and community-based services waiver program providing services and supports in the home and community to disabled, blind and aged adults as an alternative to nursing home placement.
CAP/DA provides community-based services to individuals who:
1. Are age 18 years and over;
2. Are aged, (65 years and over);
3. Are determined to require an ICF (Intermediate Care Facility) or SNF (Skilled Nursing Care) level of care under the North Carolina State Medicaid Plan;
4. Are determined to need CAP services based on a reasonable indication of need and assessment as determined by the CAP case management entity;
5. Live in a private residence; and
6. Have been determined to be disabled by Disability Determination Services (DDS) or the Social Security Administration (SSA);
B. CAP Consumer Direction (CAP/CD)
A service delivery option of the Community Alternatives Program that allows a beneficiary to have choice and control over the services and supports received, by allowing the beneficiary the option to direct care. CAP/CD provides community-based services to individuals who:
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1. Are age 18 years and over;
2. Are aged (65 years and over);
3. Are determined to require a specific level of care under the North Carolina State Medicaid Plan;
4. Are determined to need CAP services based on a reasonable indication of need and assessment as determined by the CAP case management entity;
5. Live in a private residence;
6. Have been determined to be disabled by the Disability Determination Services (DDS) or the Social Security Administration (SSA) and
7. Are able and willing to accept the role and responsibilities to hire individuals and to direct the employee to provide the personal care services to the CAP beneficiary.
CAP/CD beneficiaries may hire Personal Care Assistants (PCA) to provide personal care services. These Personal Care Assistants do not require a licensure or certification and are included in the Service Plan/Plan of Care (POC).
C. CAP for Children (CAP/C)
A North Carolina home and community-based services waiver program. This waiver provides services and supports in the home and community to medically fragile children as an alternative to an institutional placement.
CAP/C provides community-based services to individuals who:
1. Are under the age 21;
2. Are determined to require a specific level of care under the North Carolina State Medicaid Plan;
3. Are determined to need CAP services based on a reasonable indication of need and assessment as determined by the CAP case management entity;
4. Live in a private residence and
5. Have been determined to be disabled by Disability Determination Services (DDS) or the Social Security Administration (SSA).
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Exception: MAF, (IV-E) Foster Care and Adoption and State Foster Care beneficiaries do not require a disability determination.
III. REQUESTING CAP SERVICES
To receive CAP services an applicant/beneficiary (a/b) must meet the Medicaid eligibility requirements in one of the following programs:
• MAABD (Medicaid for the Aged, Blind and Disabled) • MAF (IV-E Foster Care and Adoption and State Foster Care)
• HCWD (Health Coverage for Workers with Disabilities)
A. The a/b requests CAP services.
1. Individual is currently not a Medicaid beneficiary a. A Medicaid application must be submitted. b. Evaluate for Medicaid eligibility in appropriate Medicaid programs.
2. Individual is currently a Medicaid beneficiary a. Process as a change in situation.
b. Evaluate for Medicaid eligibility in appropriate Medicaid programs.
c. If the a/b had a deductible, recalculate the deductible for months in the certification period prior to the CAP authorization.
d. Multiply the monthly private living arrangement (PLA) deductible by the number of months in the certification period prior to CAP eligibility to calculate the new deductible amount.
e. The new deductible amount may change the authorization date of Medicaid eligibility.
f. Any excess expenses previously submitted may be used towards the CAP monthly deductible.
There is no retroactive coverage for CAP services; however, there is retroactive coverage for Medicaid services if eligibility requirements are met in the retroactive period.
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B. Individuals requesting CAP services must have a CAP assessment to determine the need for services relevant to the appropriate CAP program.
C. Upon completion of the CAP assessment the local agency will receive the following:
1. For Approvals
a. The DHB-2193, Memorandum of CAP Waiver Enrollment Status and
b. The Service Plan, which includes The Plan of Care Summary (POC)
2. For Denials
a. The DHB-2193, Memorandum of CAP Waiver Enrollment Status and
b. The Notice of Denial of CAP participation.
D. When Medicaid eligibility can be established regardless of CAP eligibility:
1. Do not wait for CAP approval; and
2. Authorize, if appropriate, as for any other application/change in situation. Follow the basic income rules section, MA-2260, Financial Eligibility Requirements-PLA.
E. When Medicaid eligibility cannot be established without CAP eligibility:
1. Verify the status of the Service Plan/Plan of Care with the CAP case manager, and
2. Deny the application if the decision for CAP participation DHB-2193, Memorandum of CAP Waiver Enrollment Status, is not received by the 45/90th calendar day.
IV. BUDGETING
Upon receipt of the DHB-2193, Memorandum of CAP Waiver Enrollment Status, CAP budgeting applies the month of the CAP Effective Date.
A. Follow the basic income rules section, MA-2260, Financial Eligibility Requirements-PLA.
For keying instructions refer to NC FAST Job Aid: Community Alternatives Program (CAP), Traumatic Brain Injury (TBI) & Innovations
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In addition to the basic income rules the following apply to CAP.
1. There is no spouse-for-spouse or parent-for-child financial responsibility (income limit of one).
2. Only the income of the a/b is used in determining financial eligibility, beginning the month of CAP approval.
3. The one-third reduction budgeting does not apply to a Supplemental Security Income (SSI) beneficiary.
B. Follow the basic resource rules section, MA-2260, Financial Eligibility Requirements-PLA.
In addition to the basic resource rules, the following apply to CAP:
1. Evaluate all assets of a married a/b living with their spouse (jointly or individually owned) when one spouse is a CAP beneficiary;
2. Compare available resource amount to the resource limit of one; and
3. Evaluate spousal resource protection (if applicable).
C. Transfer of Assets To determine if any transfers have occurred the local agency must explore all assets on all applications, redeterminations, and change in situations for applicants/beneficiaries requesting or receiving institutional services or in-home health services. Evaluate the evidence presented by the applicant(s), spouse or the applicant’s representative concerning any asset transferred. The evidence may establish the transfer occurred for a reason other than to establish or retain Medicaid eligibility. Follow the rules in section, MA-2240, Transfer of Assets.
V. DEDUCTIBLE
A. Follow procedures in MA-2360, Medicaid Deductible.
B. In addition to the basic deductible rules the following apply to CAP.
1. All CAP deductibles are calculated monthly.
2. CAP (Medically Needy) certification periods are 6 months.
3. Expenses listed on the Service Plan/Plan of Care are allowed in addition to other allowable Medicaid expenses. Items that are listed directly on the Service Plan/Plan of Care may be waiver and non-waiver services and/or supplies. The CAP case manager may need to verify if these services or
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supplies are “medically necessary” and prescribed by a physician. Other items may be listed in the service plan that specifically describe how that item will be used to maintain the community placement due to the disability. Follow rules in section, MA-2360, Medicaid Deductible for Allowable Expenses.
For CAP deductible beneficiaries, apply allowable medical expenses toward the monthly deductible. Cost of Care cannot be applied prior to the effective date of the Service Plan/Plan of Care date.
For keying instructions refer to NC FAST Job Aid: Managing Spend Down Evidence.
VI. CAP PARTICIPATION
The CAP effective date is the latest of the following:
A. The date of the Medicaid application;
B. The CAP Effective Date on the DHB-2193, Memorandum of CAP Waiver Enrollment Status;
C. The date of de-institutionalization; or
D. The effective date stated in a state court resolution or a court order.
VII. RECERTIFICATION
All recertifications must be completed as ex-parte by first using electronic data sources and available agency records to determine continued eligibility. The local agency will receive the DHB-2193, Memorandum of CAP Waiver Enrollment Status and Service Plan/POC Summary from the CAP case management entity.
A. The caseworker is required to:
1. Conduct all electronic matches, including Online Verification System (OVS);
2. Check other available records; and
3. Contact the beneficiary only when continuing eligibility cannot be determined by the available information.
B. Continued Need Review
The CAP case management entity will complete a Continued Need Review (CNR) assessment annually to determine the continued need for CAP services based on medical, functional, and psychosocial care needs of the beneficiary for safe community living.
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1. If continuing need of CAP participation is established, recertify for the appropriate certification period, not to exceed 12 months; 6 months if the beneficiary has a monthly deductible.
2. If there is no continuing need of CAP participation, evaluate for all other programs/categories.
SSI beneficiaries do not require a recertification of Medicaid eligibility. However, SSI beneficiaries still require a CNR to determine CAP participation.
VIII. CHANGES IN SITUATION
A. Hospital/Nursing Facility Stays
The local agency will receive DHB-2193, Memorandum of CAP Waiver Enrollment Status for Hospital/Nursing Facility stays.
1. Stays less than 30 Days
a. Continue CAP budgeting, and
b. Follow procedures in MA-2360, Medicaid Deductible, for instructions on applying hospital charges to the deductible.
2. Stays 30 Days and over
a. Send a timely DSS-8110, Notice of Modification, Termination, or Continuation of Public Assistance, to terminate CAP services effective the first day of the month following the 31st day.
b. Evaluate eligibility for Medicaid by applying MA-2270, Long-Term Care Need and Budgeting.
c. Compute a patient monthly liability (PML) no earlier than the first day of the month in which the 31st day falls, subject to timely notice requirements.
d. If discharge occurs between 30 and 90 days and the beneficiary resumes CAP services, the local agency will receive the DHB-2193, Memorandum of CAP Waiver Enrollment Status, and Plan of Care Summary from the CAP case management entity.
e. For stays over 90 days, a new referral must be made to the CAP Lead Agency for redetermination of CAP eligibility before CAP services can resume.
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B. Termination of CAP Services
1. When the CAP Lead Agency notifies the local agency that participation in CAP is to be terminated, the local agency will receive the DHB-2193, Memorandum of CAP Waiver Enrollment Status.
2. Re-compute the budget for the remainder of the 6 or 12-month certification period.
3. Apply spouse-for-spouse or parent-for-child financial responsibility.
4. Caseworkers are required to the send appropriate termination notices. Follow rules in section, MA-2420, Notice and Hearings Process.
a. When CAP services are terminating and the beneficiary remains eligible for Medicaid, send an adequate DSS-8110, Notice of Modification, Termination, or Continuation of Public Assistance.
b. When Medicaid terminates because eligibility is dependent upon eligibility for CAP services, or CAP termination results in a Medicaid deductible, send a timely DSS-8110, Notice of Modification, Termination, or Continuation of Public Assistance.
c. When CAP services and Medicaid are terminating; send a timely DSS- 8110, Notice of Modification, Termination, or Continuation of Public Assistance.
C. Change in Level of Care/Acuity Level
The local agency will receive the DHB-2193, Memorandum of CAP Waiver Enrollment Status and POC Summary from the CAP case management entity there is a change in the level of care/acuity level.
D. Transition from CAP/DA to CAP/CD
The local agency will receive the DHB-2193, Memorandum of CAP Waiver Enrollment Status, and POC Summary from the CAP case management entity when the category transitions from CAP/DA to CAP/CD.
E. Transition from CAP/CD to CAP/DA
The local agency will receive the DHB-2193, Memorandum of CAP Waiver Enrollment Status and POC Summary from the CAP case management entity when the category transitions from CAP/CD to CAP/DA.
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F. Service Plan/POC Revision
The local agency will receive the DHB-2193, Memorandum of CAP Waiver Enrollment Status and POC Summary from the CAP case management entity when there is a Service Plan/POC Revision.
For keying instructions refer to NC FAST Job Aid: Community Alternatives Program (CAP), Traumatic Brain Injury (TBI) & Innovations.
G. County Transfer
When a CAP beneficiary moves to another county, it does not affect CAP services. CAP coverage continues in the new county. The local agency will receive the original DHB-2193, Memorandum of CAP Waiver Enrollment Status and the Service Plan/Plan of Care from the CAP case management entity.
For keying instructions refer to NC FAST Job Aid: Completing a County Case Transfer.
IX. NOTICES
The caseworker must send the CAP case manager a copy of all notices that are sent to the applicant/beneficiary (a/b). Follow rules in section, MA-2420, Notice and Hearings Process.
X. APPEALS
CAP Services appeals go directly to the Office of Administrative Hearings (OAH).
Follow MA-2420, Notice and Hearings Process for Medicaid Eligibility appeals.
For keying instructions refer to NC FAST Job Aid: Appeals
North Carolina Department of Health and Human Services North Carolina Medicaid Division of Health Benefits AGED, BLIND AND DISABLED MEDICAID MANUAL MA-2282
INNOVATIONS
REVISED 12/17/18– CHANGE NO. 11-18
I. INTRODUCTION
NC Innovations is a 1915(c) waiver that operates concurrently with the 1915(b) NC MH/IDD/SAS Health Plan. The Waiver allows Medicaid funds to be used to provide home and community-based services to Medicaid beneficiaries. These services provide both medical and non-medical home and community-based services to prevent or delay institutionalization.
To receive Innovations services an applicant/beneficiary must meet the Medicaid eligibility requirements in one of the following programs:
A. MAABD (Medicaid for the Aged, Blind and Disabled)
B. MAF (Medicaid for Adults and Families)
C. MIC (Medicaid for Infant and Children)
D. MPW (Medicaid for Pregnant Women)
E. I-AS (Foster Care and Adoption)
F. H-SF (State Foster Care)
G. SAAD (Special Assistance for the Aged and Disabled)
II. INNOVATIONS PARTICIPATION
Innovations provides community-based services to individuals who:
A. Are any age
B. Are in need of Intermediate Care Facility (ICF) and
C. Are in need of Intellectual and Developmental Disabilities (IDD) level of care
D. Live in a private residence
E. Have been determined to be disabled
III. REQUESTING INNOVATIONS SERVICES
An individual requesting Innovations services without a referral must be referred to the local management entity/managed care organization (LME-MCO). When the applicant/beneficiary (a/b) requests Innovations services and the:
A. Individual is currently not a Medicaid Beneficiary
1. A Medicaid application must be submitted
2. Take appropriate action to determine Medicaid eligibility in appropriate Medicaid programs
B. Individual is currently a Medicaid Beneficiary
1. Process as a change in circumstances
2. Evaluate for Medicaid eligibility in appropriate Medicaid programs
3. If the a/b has a deductible, recalculate a deductible for months in certification period prior to Innovations authorization
a. Multiply the monthly PLA deductible by the number of months in certification period prior to Innovations eligibility = new deductible amount
b. New deductible amount may change the authorization date of Medicaid eligibility
c. Any excess expenses provided may be used towards the Innovations monthly deductible
For keying instructions refer to NC FAST Job Aid: Community Alternatives Program (CAP), Traumatic Brain Injury (TBI) & Innovations
C. Innovations services are retroactive, if eligibility requirements are met in the retroactive period
D. Individuals requesting Innovations services must have LME-MCO assessment to determine the need for services appropriate to the Innovations program
E. Upon completion of LME-MCO assessment; the DSS will receive:
A Level of Care Determination form(LOC) indicating approval or denial of services
F. When Medicaid eligibility can be established regardless of Innovations eligibility:
1. Do not wait for LME-MCO approval
2. Authorize, if appropriate, as for any other application/change in circumstances
G. When Medicaid eligibility cannot be established without Innovations eligibility:
1. Verify the status of the Plan of Care with the LME-MCO case manager, and
2. Deny the application if the LME-MCO decision is not received by the 45/90th day
H. If approved, the LME-MCO sends a Memorandum Approval Notice to the local agency Eligibility Worker along with a copy of the Individual Budget which contains the approved Medicaid waiver services for this person.
IV. BUDGETING
When the Level of Care (LOC) is approved; apply Innovations budgeting the first month that Innovations is effective.
A. Follow basic Income rules
1. In addition to the basic income rules the following apply to Innovations
a. There is no spouse-for-spouse or parent-for-child financial responsibility (income unit of one (1))
b. Only the income of the applicant/beneficiary is used in determining financial eligibility, beginning the month of Innovations approval
c. The One-Third reduction does not apply, even if applied by SSI
B. Follow basic Resources rules
1. In addition to the basic resource rules the following apply to Innovations
a. Evaluate all assets of a married a/b living with their spouse (joint and individual) when one spouse is in Innovations
b. Compare available resource amount to the resource limit of one (1)
c. Evaluate spousal resource protection (if applicable)
For keying instructions refer to NC FAST Job Aid: Community Spouse Resource Protection
C. Follow Transfer of Assets rules
Transfer of assets sanctions apply
D. Follow the basic Deductible rules
In addition to the basic deductible rules the following apply to Innovations
1. All Innovations deductibles are calculated monthly
2. Expenses listed on the Level of Care (Medicaid Column) are allowed in addition to other allowable Medicaid expenses
For keying instructions refer to NC FAST Job Aid: Deductible/Spend Down
V. INNOVATIONS PARTICIPATION
A. Innovations effective date is the latest of the following:
1. The date of the Medicaid application,
2. The date of the Level of Care (LOC) approval, or
3. The date of deinstitutionalization for an institutionalized applicant/beneficiary
B. Certification Periods
1. 12-month certification periods
2. The certification period for an SSI Innovations case is controlled by the Social Security Administration (SSA)
VI. RECERTIFICATION
A recertification must be completed:
A. Once every 12 months
B. Continued Need Review (CNR) must be current
C. Apply the Ex-parte Process
VII. CHANGE IN SITUATION
A. Hospital Stays
1. Less Than 30 Days:
a. Continue Innovations budgeting, and
b. Follow procedures in Medicaid Deductible, for instructions on applying hospital charges to the deductible
2. 30 Days and over:
a. Send a timely DSS-8110, “Your Benefits are Changing”, to terminate Innovations services effective the first day of the month following the 31st day
b. Evaluate eligibility for Medicaid applying Long-Term Care Need Budgeting
c. Compute a patient monthly liability (PML) no earlier than the first day of the month in which falls the 31st day of hospital stay, subject to timely notice requirements
B. CAP Services Terminated
1. Re-compute the budget for remainder of the certification period
2. Apply spouse-for-spouse or parent-for-child financial responsibility
For keying instructions refer r to NC FAST Job AID: Completing a County Case Transfer
VIII. NOTICES
Send the LME-MCO case manager a copy of all notices sent to the applicant/beneficiary (a/b).
IX. APPEALS
Requests for an appeal related to Innovations services start with the LME-MCO. Instruct the beneficiary to contact the assigned LME-MCO.
Request for an appeal related to the need for Innovations services go directly to the Office of Administrative Hearings (OAH).
North Carolina Department of Health and Human Services North Carolina Medicaid Division of Health Benefits AGED, BLIND AND DISABLED MEDICAID MANUAL MA-2283
TRAUMATIC BRAIN INJURY (TBI) WAIVER
REVISED 6/10/2024 - CHANGE NO. 11-24
Current Change Notice 11-24 • I.A.1.e. Reside in the Alliance Behavioral Health (Alliance) catchment area of Cumberland, Durham, Harnett, Johnston, Mecklenburg, Orange and Wake counties.
• I.A.2.e. Reside in the Alliance Behavioral Health (Alliance) catchment area of Cumberland, Durham, Harnett, Johnston, Mecklenburg, Orange and Wake counties.
I. INTRODUCTION The North Carolina Traumatic Brain Injury (TBI) Waiver is authorized under Section 1915(c) of the Social Security Act. The Waiver is designed to provide home and community-based services (HCBS) to Medicaid beneficiaries who have suffered a traumatic brain injury and have significant cognitive, behavioral and rehabilitative needs. These services allow beneficiaries, through person-centered planning, to receive home and community-based services necessary to allow them to live in the community and avoid institutionalization.
TBI waiver participants receive an individual support plan (ISP) which provides a community-based alternative to institutional care. The Local Management Entity/Managed Care Organization (LME/MCO) operating as a fully capitated, prepaid inpatient health plan (PIHP) provides all waiver services which are authorized through the annual ISP.
A. TBI Waiver Categories
TBI Waiver services are offered in the following categories:
1. TBI Hospital (BH)
TBI/BH provides HCBS to individuals who:
a. Are age 18 and older
b. Are aged, blind, disabled or both (MAABD, SAABD)
c. Are in need of specialty hospital rehabilitative level of care to support people with a diagnosed brain injury who have significant cognitive, behavioral, and rehabilitative needs (BH)
d. Live in either a private living arrangement (PLA) or in living arrangements of 6 beds or less
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e. Reside in the Alliance Behavioral Health (Alliance) catchment area of Cumberland, Durham, Johnston, Harnett, Mecklenburg, Orange and Wake counties.
f. Meet all financial and non-financial eligibility requirements
g. When under the age of 65, have been determined to be disabled by disability determination Services (DDS) or the Social Security Administration (SSA).
2. TBI Nursing Facility (BN)
TBI/BH provides home and community-based services to individuals who:
a. Are age 18 and older
b. Are aged, blind, disabled or both (MAABD, SAABD)
c. Are in need of specialized nursing facility level of care to support people with a diagnosed brain injury who have significant cognitive, behavioral, and rehabilitative needs (BN)
d. Live in either a private living arrangement (PLA) or in living arrangements of 6 beds or less
e. Reside in the Alliance Behavioral Health (Alliance) catchment area of Cumberland, Durham, Johnston, Harnett, Mecklenburg, Orange and Wake counties.
f. Meet all financial and non-financial eligibility requirements.
II. REQUESTING TBI WAIVER SERVICES
To receive TBI services an applicant/beneficiary (a/b) must meet the Medicaid eligibility requirements in one of the following programs: • MAABD (Medicaid for the Aged, Blind and Disabled) • SAAD (State/County Special Assistance for Aged or Disabled Adults) A. When the a/b has requested TBI services and the:
1. Individual is currently not a Medicaid beneficiary
a. A Medicaid application must be submitted.
b. Evaluate for Medicaid eligibility in appropriate Medicaid programs.
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2. Individual is currently a Medicaid Beneficiary
a. Process as a change in circumstance.
b. Evaluate for eligibility in appropriate Medicaid programs.
c. If the a/b has a deductible, recalculate a deductible for months in the certification period prior to TBI authorization. • Multiply the monthly private living arrangement (PLA) deductible by the number of months in the certification period prior to TBI eligibility to calculate the new deductible amount. • The new deductible amount may change the authorization date of Medicaid eligibility. • Any excess expenses previously submitted may be used towards the TBI monthly deductible.
For keying instructions refer to NC FAST job aid: Community Alternatives Program (CAP), Traumatic Brain Injury (TBI) and Innovations. B. Retroactive Coverage
Retroactive eligibility can be determined for 1, 2 or 3 months prior to application. Retroactive TBI cannot be authorized prior to May 1, 2018.
C. Individuals requesting TBI waiver services must have an LME/MCO assessment to determine the need for services appropriate to the TBI waiver program.
D. Upon completion of LME/MCO assessment the local agency will receive a NC TBI Level of Care (LOC) Eligibility Determination indicating approval or denial of services. E. When Medicaid eligibility can be established regardless of TBI eligibility 1. Do not wait for TBI waiver approval 2. Authorize Medicaid, if otherwise eligible or react to change in circumstance reported on an ongoing case.
F. When Medicaid eligibility cannot be established without TBI eligibility
1. Verify the status of the ISP with the Care Coordinator, and
2. Deny the application if the TBI decision is not received by the 45/90th day
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G. If approved for TBI waiver services
1. The LME/MCO sends a Memorandum of Approval to the local agency along with a copy of the Individual Budget which contains the approved Medicaid waiver services for this person.
2. Select the appropriate TBI indicator code (BH/BN) in NC FAST. For keying instructions refer to NC FAST job aid: Community Alternatives Program (CAP), Traumatic Brain Injury and Innovations. III. BUDGETING
A. Follow the basic Income rules
IN ADDITION TO THE BASIC INCOME RULES, THE FOLLOWING APPLIES TO TBI WAIVER
1. There is no spouse-for-spouse or parent-for-child financial responsibility (income limit of 1). 2. Only the income of the a/b is used in determining financial eligibility, beginning the month of TBI Waiver approval.
3. The one-third reduction does not apply, even if applied by SSI.
4. Income is compared to 300% of the current poverty limits.
B. Follow the basic Resource Rules
IN ADDITION TO THE BASIC RESOURCE RULES, THE FOLLOWING APPLIES TO TBI WAIVER
1. Evaluate all assets of a married a/b living with their spouse (jointly or individually owned) when one spouse receives TBI Waiver services. 2. Compare available resource amount to the resource limit of 1. 3. Evaluate spousal resource protection (if applicable) For keying instructions refer to NC FAST job aid: Community Spouse Resource Protection C. Follow the basic Transfer of Assets Rules
Transfer of Assets sanctions apply. D. Follow the basic Deductible Rules
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IN ADDITION TO THE BASIC MEDICAID DEDUCTIBLE RULES, THE FOLLOWING APPLIES TO TBI: 1. All TBI deductibles are calculated monthly.
2. Expenses listed on the Level of Care (Medicaid) column are allowed in addition to other allowable Medicaid expenses.
For keying instructions refer to NC FAST job aid: Managing Spend Down Evidence IV. TBI PARTICIPATION
A. The effective date for TBI waiver participation is the level of care effective date.
B. Certification Period
1. 12-month certification period 2. SSI TBI Waiver certification periods are controlled by the Social Security Administration (SSA).
V. TBI RECERTIFICATION
A recertification must be completed:
A. Once every 12 months B. Continued Need Review (CNR) must be current. C. Apply the Ex - parte process. SSI beneficiaries do not require recertification.
VI. CHANGES IN SITUATION This section addresses how to handle ongoing Medicaid case maintenance when a change in situation occurs. A. TBI Waiver Services Terminated
When a change in situation results in an individual’s ineligibility for Medicaid authorization for the TBI Waiver program:
1. Re-compute the budget for the remainder of the certification period. 2. Apply spouse-for-spouse or parent-for-child responsibility. 3. Evaluate other Medicaid aid programs.
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a. If eligible send the appropriate notice and continue as regular Medicaid.
b. If eligible with a deductible, send the appropriate notice indicating that a deductible must be met. c. If ineligible, terminate and send a timely notice (DSS 8110) stating that both TBI Waiver participation and Medicaid will terminate.
B. County Transfer
The NC TBI Waiver is only available to individuals in the Alliance Behavioral Health catchment area of Cumberland, Durham, Johnston, and Wake counties.
1. If the waiver participant transfers to a county within the Alliance Behavioral Health catchment area, the beneficiary will maintain eligibility in the waiver program.
2. Any transfer outside of the Alliance Behavioral Health catchment area will result in: a. Removal from the TBI Waiver program. b. Recertification of Medicaid eligibility. c. Removal of the TBI waiver code by the Income Maintenance Caseworker. For keying instructions refer to NC FAST job aid: Community Alternatives Program (CAP), Traumatic Brain Injury and Innovations and Completing a Case County Transfer.
VII. NOTICES
Send the LME/MCO care coordinator a copy of all notices sent to the applicant/beneficiary (a/b).
VIII. APPEALS
A. Requests for an appeal related to TBI Waiver services start with the LME/MCO. Instruct the beneficiary to contact the assigned LME/MCO.
B. Requests for an appeal related to the need of TBI Waiver services go directly to the NC Office of Administrative Hearings (OAH).
C. Follow the basic Medicaid Eligibility appeal rules in the Appeals section MA- 2420, Notice and Hearings Process for appeals related to eligibility. For keying instructions refer to NC FAST Job Aid: Appeals
An individual requesting MFP services must submit an application to the MFP State Project Regional Transition Coordinator. When the applicant/beneficiary (a/b) requests MFP services and the: North Carolina Department of Health and Human Services North Carolina Medicaid Division of Health Benefits AGED, BLIND AND DISABLED MEDICAID MANUAL MA-2284
MONEY FOLLOWS THE PERSON
REVISED 02/16/22 – CHANGE NO. 03-22
I. INTRODUCTION
Money Follows the Person (MFP) is a state project for individuals that are authorized in the Community Alternative Program (CAP), Innovations, Traumatic Brain Injury (TBI) or Program of All-Inclusive Care for the Elderly (PACE) who:
A. Have lived in a hospital, skilled nursing facility or an immediate care facility for people with intellectual disabilities (ICF/IID) at least three months, AND
B. Choose to move to a “qualified residence”:
1. A participant’s own home or apartment,
2. A family member’s home or apartment, OR
3. A group home with four or fewer people (only available in NC under the Innovations waiver)
Money Follows the person is time-limited for a period of 365 days.
II. REQUESTING MFP SERVICES
A. Individual is currently not Medicaid eligible
1. A Medicaid application must be submitted
2. Determine Medicaid eligibility under CAP, Innovations or PACE as appropriate
B. Individual is currently Medicaid eligible
1. Process as a change in circumstances
2. Evaluate the change for eligibility under CAP, Innovations or PACE
C. The Regional MFP Transition Coordinator coordinates and collaborates with the local agency during the Medicaid/MFP eligibility determination process.
III. CHANGES IN SITUATION
A. County Transfers
1. A MFP beneficiary, who moves from one county to another, remains MFP eligible
2. A PACE/MFP beneficiary who moves to another county may no longer be PACE and MFP eligible
a. When the new county is serviced by PACE, the beneficiary remains eligible for MFP services
b. When the new county is not serviced by a PACE entity
(1) Evaluate for CAP eligibility in the new county
(2) If found eligible for CAP, MFP eligibility may resume
3. A TBI/MFP beneficiary who moves to another county may no longer be TBI and MFP eligible
a. When the new county is serviced by Alliance Behavioral Health, the beneficiary remains eligible for MFP services
b. When the new county is not serviced by Alliance Behavioral Health
(1) Evaluate for other Medicaid programs
(2) Remove the beneficiary from the TBI program
B. Terminations
1. MFP participation terminates automatically after 365 days
2. MFP participation may terminate before 365 days for any of the following reasons:
a. Beneficiary returns to a facility for longer than 30 days and not for short- term respite as authorized by relevant waiver
b. Beneficiary transitions to a residence that does not qualify for MFP
c. Beneficiary is disenrolled in CAP DA, PACE or Innovations program
d. Beneficiary chooses to disenroll
e. Beneficiary’s enrollment is terminated by the MFP State Project
North Carolina Department of Health and Human Services North Carolina Medicaid Division of Health Benefits AGED, BLIND AND DISABLED MEDICAID MANUAL MA-2285
ESTATE RECOVERY
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REVISED 05/22/23 – CHANGE NO. 08-23
I. INTRODUCTION
A. Background
The Omnibus Budget Reconciliation Act of 1993 mandated that states recover certain Medicaid payments from the estates of deceased Medicaid beneficiaries. In July 1994, the North Carolina General Assembly passed G.S 108A-70.5 to implement an estate recovery program effective October 1, 1994.
B. Beneficiaries Subject to Estate Recovery
The estates of Medicaid beneficiaries may be subject to estate recovery if the beneficiary applied or re-applied on or after October 1, 1994, and
1. Is under age 55 and an inpatient in a nursing facility, intermediate care facility for intellectual disabilities (ICF-IID), or other medical institution, and cannot reasonably be discharged to return home, or
2. Is 55 years of age or older and is living in a medical facility and receiving medical care services, or home and community-based services (HCBS) to include Community Alternative Program (CAP), Innovations and Traumatic Brain Injury (TBI), or Personal Care Services (PCS).
3. Effective May 1, 2007 PCS claims for Special Assistance (SA) beneficiaries ages 55 and over are subject to Medicaid estate recovery.
II. POLICY PRINCIPLES
A. Estate Recovery Explanation
Estate Recovery means a claim is filed against the estate of a deceased beneficiary to recover Medicaid dollars paid on behalf of the individual.
1. It is important to understand that estate recovery does not include placing a lien on the property.
2. Recovery is not initiated until the beneficiary’s death.
3. In some situations, recovery is waived. Please refer to V. below for information on estate recovery waiver.
DocuSign Envelope ID: FDC5A36F-C20D-40ED-8E94-3167F2A747A6 DocuSign Envelope ID: 9CB30F35-4CFE-41A3-8663-00DA59A946C6
This section is unusually large; deeper subsections were cut off. Open a subsection via its designator link — for example (abd-adult-medicaid-table-of-contents) — to read its full text.