Page 13

for veterans who are Medicaid LTSS beneficiaries. The ninety dollar ($90.00) veteran’s improved pension is available to Medicaid LTSS beneficiaries who are veterans and do not have a spouse or dependent child; or are the surviving spouse of a veteran who does not have a dependent child(ren). The improved pension is provided instead of the seventy-five dollar ($75.00) monthly personal needs allowance for non-veteran Medicaid LTSS beneficiaries. 2. Expanded – Personal Needs Allowance – The personal needs allowance of LTSS beneficiaries may be expanded in certain circumstances as indicated below: a. Therapeutic Employment – Personal Needs Allowance. LTSS beneficiaries may retain a higher personal needs allowance if they have earned income as result of therapeutic employment. The personal needs allowance is deducted from the total amount of earned income related to public or private employment. To be considered therapeutic, the employment must be part of a written plan developed by the Office of Rehabilitative Services, of the Department of Human Services, or a similar entity and be for the purpose of enhancing the beneficiary’s ability to achieve the highest level of independence. For these beneficiaries, the therapeutic employment – personal needs allowance is an additional eighty-five dollars ($85.00) plus one half (1/2) the remainder of earned income per month, subsequent to deducting actual FICA tax withheld, transportation costs, employment expenses, such as tools and uniforms, and State and Federal taxes if the person is not exempt from withholding. The total may be protected for personal needs. The maximum therapeutic employment – personal needs allowance will vary but may not exceed four hundred dollars ($400.00) per month. See below for the expanded HCBS special maintenance needs allowance for employed LTSS beneficiaries with developmental disabilities residing at home. b. Allowable fees. LTSS beneficiaries who incur expenses related to a guardianship or conservatorship, legal fees and/or tax assessments, court-orders or other legally binding instruments may receive an expanded personal needs allowance, or in the case of attachments or liens, a pre-emptive allowance to cover associated costs or legal obligations in certain circumstances when appropriate documentation is provided: (1) Guardianship/conservatorship. LTSS beneficiaries who have court-appointed guardians or conservators are allowed an expanded personal needs allowance to pay for certain court- approved or ordered fees. To be considered, the expense must be required for the LTSS beneficiary to make income