468.2 Medical Assistance (MA) LTC Eligibility—Step 1

The CAO will use the countable monthly gross income according to Chapter 450, Income. The income may be actual or expected.

    55 Pa. Code § 181.11   

468.21 Non-money Payment (NMP) MA LTC Decision—Step 1

The CAO must:

The CAO must not allow deductions from gross income.

NOTE:  Alimony payments, even if ordered by a court, are not an allowable income deduction.     

  55 Pa. Code § 181.104

Exception: The CAO must not count the Aid and Attendance portion of a VA benefit as income.   

 55 Pa. Code § 181.452(c)  

The CAO must not allow deductions for medical expenses, including medical insurance payments or premiums.     

55 Pa. Code § 181.71  

The CAO must compare the gross monthly countable income to the NMP special income limit in Appendix A.  This NMP special income  limit is 300% of the Federal Benefit Rate (FBR).   

  55 Pa. Code § 181.11(b)

 

 If an individual applying for HCBS has income exceeding 300% of the FBR he or she may choose to spend-down income in order to be eligible for MA and payment of HCBS.  (See Section 468.23, HCBS Spend-Down Procedures).   

 55 Pa. Code § 181.11(d)    

468.22 Medically Needy Only (MNO) MA LTC Decision—Step 1

For individuals with income exceeding the NMP special income limit who are applying for or receiving LTC facility services the CAO must review for MNO eligibility. When determining eligibility in a MNO LTC facility category the CAO must count an individual’s income that is expected or received in a calendar month.

55 Pa. Code § 181.11(c)

 

 

NOTE:  The CAO must apply deductions according to the Medical Assistance Handbook, Section 361.3.

 

The CAO must compare the individual’s six-month net income to the MNO limit found in Appendix A. If the income remaining after deductions is equal to or less than the six-month MNO limit, the CAO must authorize payment for LTC facility services.  If the income remaining after deductions is more than the six-month limit, the CAO must project the private pay rate for LTC facility services costs as a medical expense deduction. The deduction is the cost for LTC facility services that the person expects to receive or the lowest rate in the county if an LTC facility has not been identified. The CAO will determine the monthly MA LTC rate by multiplying the MA LTC per diem rate by 180 days.     

   55 Pa. Code § 181.11

  

NOTE:   The CAO must not authorize MNO using the projected MA LTC rate as a medical expense until the person is admitted to the LTC facility.

468.221 Types of Medical Expenses

Medical expenses include the following:    

The CAO can deduct an unpaid medical expense incurred during the retroactive period or expected to be incurred during the six-month period if:

The CAO can deduct a paid medical expense if it was paid in the month of application or in any of the retroactive months if:

  55 Pa. Code § 181.13         55 Pa. Code § 181.14(d)

468.23 HCBS Spend-Down Procedures

When an individual applying for HCBS has gross monthly income that exceeds the NMP special income limit found in Appendix A, the individual is not eligible for payment of HCBS in a waiver category. Unlike LTC facility services, a person with excess income applying for HCBS cannot be determined eligible for payment of HCBS in a MNO waiver category. However, an individual may agree to spend-down income in a non-LTC, SSI-related category of MA.

55 Pa. Code § 181.13      55 Pa. Code § 181.11(c)

 

If an individual has a functional need for HCBS and has income exceeding the NMP special income limit, the CAO will explain the spend-down procedures found in MA Handbook Chapters 368.4, NMP Spend-Down; MA Handbook Chapter 369.331  Spend-Down  and MA Handbook Chapter 369.431 Continuing MNO Spend-Down to the individual or his representative.  The CAO will also verify that resources are within the appropriate MA spend-down limits found in MA Handbook Chapter 340 Appendix A..      

 55 Pa. Code § 181.14 (e) (1)

 

NOTE: The standard $6000 NMP disregard and a protected share of resources are not applicable when determining eligibility in a MA spend-down category.

 

An individual applying for HCBS in any HCBS Program other than the Living Independence for the Elderly (LIFE) Program will have the spend-down options listed below. See Section 468.231 for spend-down options for individuals applying for the LIFE Program.

   See MA Handbook Chapter 368 Appendix B for the SSI-related NMP income limits; MA Handbook Chapter 369 Appendix A for the MNO income limits; and  MA Handbook Chapter 340 Appendix A.   for the SSI-related NMP and MNO resource limits.

The individual must first incur enough medical expenses to spend-down excess income before the CAO will authorize MA and HCBS. If the individual chooses to spend-down income and has incurred enough medical expenses, the CAO will authorize in a spend-down category following the procedures outlined in MA Handbook Chapter 340 Appendix A.  or MA Handbook Chapter 369.331  Spend-Down   and MA Handbook Chapter 369.431, Continuing MNO Spend-Down for MNO Spend-Down. In order to ensure proper billing of waiver services and proper notice of eligibility the CAO must also follow the procedures identified below:

NOTE: The wavier code must be entered after authorizing the case in the spend-down category. If the waiver code is entered while authorizing the case, the case will fail the waiver category due to income.

NOTE: Fair consideration and spousal impoverishment procedures do not apply when an individual is authorized for payment of HCBS in a non-LTC related category of MA. Only individuals applying for a HCBS Waiver Program with gross monthly income that exceeds the NMP special income limit are to be authorized for MA in a spend-down category. Should these individuals later enter a LTC facility, the CAO would authorize in a MNO LTC facility category. Once authorized in a MNO LTC facility category, fair consideration and spousal impoverishment provisions would apply.

Exception: If it is more beneficial for the family to include the HCBS recipient in the eligibility determination for the family then the HCBS recipient may be authorized in a category that does not end in a ‘W’. A waiver code must be added to the case record to ensure proper billing of HCBS. (See LTC Handbook 405.31) 

468.231 Living Independence for the Elderly (LIFE) Program Spend-Down Procedures

PMN18478489 - Capitated Rates Paid to LIFE Program Providers, May 10, 2017

PMN17655468 - LIFE Participants Transitioning from Facility to Community

Since the LIFE Program involves a set monthly payment to the LIFE provider, an individual applying for MA and payment of HCBS in the LIFE Program may be evaluated for eligibility in a NMP-related ongoing spend-down category. The capitated rate may be used as a medical expense in order to spend-down income.

 

See MA Handbook Chapter 368 Appendix B for the SSI-related NMP income limits; MA Handbook Chapter 369, Appendix A for the MNO income limits; and MA Handbook Chapter 340 Appendix A. for the SSI-related NMP and MNO resource limits.

NOTE: The standard $6000 NMP disregard and a protected share of resources are not applicable when determining eligibility in a MA spend-down category.

If the individual chooses to spend-down income, the CAO will authorize in a spend-down category following the procedures outlined in MA Handbook Chapter 368.5 for NMP Spend-Down or MA Handbook Chapter 369.331  Spend-Down  and MA Handbook Chapter 369.431 Continuing MNO Spend-Down. The CAO will ensure all medical expenses are entered on the Medical Expenses screen in eCIS, including the Medicare B premiums, private insurance premiums, and the amount of the LIFE monthly capitated rate. The LIFE monthly capitated rate can be found in Long Term Care Handbook 468 Appendix A. In order to ensure proper billing of waiver services and proper notice of eligibility the CAO must also follow the procedures identified below:

NOTE: The LIFE wavier code must be entered after authorizing the case in the spend-down category. If the waiver code is entered while authorizing the case, the case will fail the waiver category due to income.

Example: In 2021 Alex is requesting MA and payment of HCBS in the LIFE Program. Alex has gross Railroad Retirement Benefits of $3,000/month. Alex agrees to spend down his income to the one-person SSI income limit. Alex is responsible to pay his $148.50/month Medicare B premium and his $100/month Capital Blue Cross premium. 

To determine the 902Z cost-of-care TPL, the CAO will deduct the $20 unearned income deduction, $10 NMP deduction, $148.50 Medicare B premium and $100 Capital Blue Cross premium from his $3,000 monthly income. The CAO will then compare the resulting $2,721.50 to the 2021 SSI one-person income limit of $816.10. Alex needs to pay the LIFE provider $1,905.40 each month in order to spend down his income. Alex has a cost of care of $1,905.40/month.

 

LIFE/Forum Place 6th Floor

PO BOX 8025

Harrisburg, PA 17105-8025

NOTE: Fair consideration and spousal impoverishment procedures do not apply when an individual is authorized for payment of HCBS in a non-LTC related category of MA. Only individuals applying for a HCBS Waiver Program with gross monthly income that exceeds the NMP special income limit are to be authorized for MA in a spend-down category. Should these individuals later enter a LTC facility, the CAO would authorize in a MNO LTC facility category. Once authorized in a MNO LTC facility category, fair consideration and spousal impoverishment provisions would apply.

 

 

Updated August 29, 2022,  Replacing August 30, 2021