The CAO will treat the resources of an ICF/ID resident the same way as it would any other Long-Term Care (LTC) facility resident, except for resources held as a result of the Vecchione v. Wohlgemuth court decision. The decision applies only to residents of State-operated facilities and may affect the amount of resources which accumulate in the resident's account.
In Vecchione v. Wohlgemuth, the court assured the protection of the rights of a resident of a state-operated ICF/ID to manage his own affairs if he or she is able to do so. The resident is assumed to be capable unless there is adjudication that the resident is incapacitated. Regardless of the decision concerning the resident's capacity to handle his or her own affairs, the Facility Reimbursement Officer is responsible for reporting all the resources of the individual to the CAO.
In addition, the Vecchione decision directed the facility to reimburse those individuals covered by the decision for the amount of their income available toward the cost of their care at the facility. Pending the appointment of a guardian and for six months following the appointment, the individual's payment toward the cost of care in a Vecchione case is deposited in the individual's account. The facility will advise the CAO that funds are accumulating as the result of Vecchione. These funds are considered to be encumbered for payment toward the cost of care. The facility must establish a separate accounting for Vecchione funds. The CAO will not count these funds as a resource. The CAO will count any interest accrued or received as income.
The CAO will establish a reporting plan with the facility to report when countable resources exceed the applicable resource limit. At a minimum, the CAO should identify those individuals whose resources may soon exceed the limit and establish a plan with the facility to ensure that total countable resources do not exceed the limit in two consecutive months. The individual may reduce excess resources in the same ways as any other LTC individual. See Chapter 440, Resources.
Updated August 27, 2013 Issued May 1, 2012