339.5 EMC Reviews

The CAO will review the EMC budget group's information in the fourth month and the seventh month.

The CAO will use any information given by the individual in the fourth-month review to cover the next three months. Information for month six, which the individual can give on the SAR form, will be used in the seventh-month review to cover the rest of the EMC period.

NOTE:  Although the individual does not turn in a SAR form after month seven the individual must let the CAO know of any changes in the budget group’s number of individuals, employment or income.

If the budget group is not eligible for EMC, the CAO will decide whether they can get MA in other categories.

NOTE:  If the budget group includes a pregnant woman or an eligible child under age one, the CAO must continue NMP benefits for the pregnant woman and the eligible child. (See Chapter 338, Medical Assistance Benefits.)

The CAO will send an advance notice to close the EMC budget before the end of the EMC eligibility period if:

NOTE:  The twelve-month renewal is on time if it is completed by the end of that month, no matter what day the end of the month actually falls on.

Example: An EMC case was opened on October 15, the renewal due date is October 31 of the next year.

Important: EMC budgets are entitled to a full 12 calendar months of eligibility.

NOTE:  The CAO must accept any information from the individual as proof for the fourth month.

EMC specific closing reason codes are available on CIS or e-CIS with the proper text. The codes are:

624

A

Expiration of 12-month eligibility

625

A

Failure to provide information

626

A

Excess income

627

A

Failure to maintain employment

628

A

No dependent child

The review in month four is to confirm that a TANF qualified child is still in the budget group.

The review in month seven is to confirm continued employment and that the earned income is within the EMC limit (185% of the FPIG; see Appendix A).

The individual must submit the SAR form in month seven, reporting the income of month six only. If that month’s income is more than 185 % of the FPIG, the caseworker will find out the budget group’s income and child care payments for months four and five and compare the average for the three months with the 185% FPIG limit.

The CAO will:

If an LRR returns home in the first six-month period, the CAO does not have to count income, as the only rule is to have a TANF qualified child in the household. However, if the LRR returns to the home in the second six-month period, the CAO must count the latest month of income from the household and the LRR’s last 30 days of income.

Example:

EMC is approved for a mother and her child. Later, in month nine of the EMC period, her husband (the father of the child) returns to the home. He is eligible for EMC benefits and is included in the EMC household.

If the father has a job, his pay is included when deciding on continued EMC eligibility for the household. EMC eligibility is found as follows:

 

Mother’s income (Month 8)

Father’s income (Last 30 days)

Gross monthly wages

$1,100

$1,300

Child care

   -100

 

 

$1,000 + $1,300 = $2,300

 

Because $2,300 is less than 185% of the FPIG for three individuals, the family is still eligible for EMC.

NOTE:  If the combined income in month eight is over the limit, the CAO will ask for the family’s income and child care expenses in the two previous months (months six and seven). If the average monthly amount for the three months is under the 185% limit for three individuals, the family is still eligible.

The CAO should not count the following:         55 Pa. Code § 140.441

The CAO will deduct dependent care costs paid by the EMC budget group if the following conditions are met:

NOTE:  The individuals receiving the care do not have to be members of the EMC budget group.

    NOTE:  Failure to report dependent care costs may cause ineligibility if the costs are needed to meet the income limit.

Dependent care services are not needed when an unemployed biological or adoptive parent, specified relative, or legal guardian of the child is living in the home, unless:             55 Pa. Code § 140.481(b)

The CAO will count income as follows:

Reminder: The individual must turn in the SAR form in month seven, reporting the income and child care expenses of month six only.

Example:

Sara Smith and her two TANF-qualified children receive EMC and report gross monthly earnings and allowable child and dependent care costs as follows:

Month

Income

Child Care

April (4)

$500

$30 (Not reported on SAR form)

May (5)

$700

$50 (Not reported on SAR form)

June (6)

$750

$60 (Reported on SAR form)

Income for June: $750 - $60 = $690

Because $690 is less than 185% of the FPIG for three individuals, the family is still eligible for EMC.

NOTE:  If the combined income in month six is over the limit, the CAO will ask for the family’s income and child care expenses in the two previous months (months four and five). If the average monthly amount for the three months is under the limit for three individuals, the family is still eligible.

NOTE:  An individual who left the budget group during the quarter is not counted in the budget group size for the 185% test.

If the monthly income is more than 185% of the FPIG, the CAO will take the following actions:          55 Pa. Code § 140.513(2)(i)

NOTE:  If the budget group includes a pregnant woman, continue NMP benefits through the 60-day period following birth for the pregnant woman. The newborn remains eligible for one year. Set the renewal due date of one year from the birth date.

NOTE:  If the recipient reports income on time and correctly, and the income after deductions for child or dependent care is more than 185% of the FPIG, the CAO must stop EMC. No overpayment referral is made. The recipient is ineligible for the rest of the twelve-month EMC period.

The budget group remains eligible for EMC for the second six-month period as long as a specified relative in the budget group keeps a job and meets the income limits. The condition of keeping a job is met if:            55 Pa. Code § 140.513(2)(ii)

NOTE:  EMC can continue for the second six-month period even if the specified relative is not working and has no job offer, as long as the loss of work was due to reasons beyond the control of the client, such as plant closing, layoff, illness, or good cause.

If the budget group doesn’t meet the job rules, the CAO will send an advance notice telling them that EMC will be stopped.

The CAO will ask if:

When counting income and family size for EMC, the SSI child must be excluded. Child care costs for the SSI child is an allowable deduction.

If the CAO determines that there is no child who meets one of these conditions, the budget group is no longer eligible for EMC.

 

Updated February 14, 2012, Replacing March 28, 2008