reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1724.1 - MODIFIED ADJUSTED GROSS INCOME (MAGI)-EXCEPTED BASED › Subchapter 7 - DETERMINATION OF FINANCIAL ELIGIBILITY › Section 17-1724.1-55 - Determining monthly income

Current through June, 2024
(a) The
				  determination of monthly income and household size is dependent on the period
				  for which assistance is being requested and the circumstances involved.
(1) The following methods shall be used when
				  determining current income:
(A) For a month
				  prior to the current month, the actual income received within that month shall
				  be considered income for that month.
(B) For the current month, income already
				  received and any income anticipated to be received within the current month,
				  shall be considered income for that month.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1724.1 - MODIFIED ADJUSTED GROSS INCOME (MAGI)-EXCEPTED BASED › Subchapter 7 - DETERMINATION OF FINANCIAL ELIGIBILITY › Section 17-1724.1-56 - Determining monthly net income

Current through June, 2024
Monthly net income used in determining eligibility for a
					 MAGI-excepted individual or household shall be determined in the following
					 order:
(1) Determine unearned income
				  according to subchapter
				  5;
(2) Determine earned income according to
				  subchapter 4;
(3) Deduct $20, first
				  from unearned income and any remainder from earned income;
(4) If employed and aged, blind, or disabled,
				  deduct $65 from the gross earned income;
(5) Exclude impairment-related work expenses
				  (IRWE) from the earned income of a disabled, but not blind, individual who is
				  under age sixty-five years or who received SSI disability benefits prior to
				  attaining age sixty-five years, if the items or services are required to enable
				  a disabled individual to work. The IRWE must be:
(A) Paid in the same month of the earned
				  income in which the services were received or item used;
(B) Reasonable in cost, paid by the disabled
				  individual, and is not reimbursable from another source; and
(C) Necessary and not covered by Medicare or
				  Medicaid include, but are not limited to,_ the costs of:
(i) Attendant care services;
(ii) Drugs and medical devices;
(iii) Expendable medical supplies;
(iv) Guide dog;
(v) Durable medical equipment;
(vi) Other work-related items and services;
(vii) Physical therapy;
(viii) Prosthetic and orthotic appliances;
(ix) Structural modifications to
				  the individual's home to create a work space or to allow the individual to get
				  to and from work;
(x) Training to
				  use an impairment related item attributable to work;
(xi) Transportation to and from work; and
(xii) Vehicle
				  modification;
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1724.1 - MODIFIED ADJUSTED GROSS INCOME (MAGI)-EXCEPTED BASED › Subchapter 8 - FINANCIAL ELIGIBILITY AND LIABILITY OF MAGI-EXCEPTED INDIVIDUALS RECEIVING LONG-TERM CARE SERVICES › Section 17-1724.1-62 - Purpose

Current through June, 2024
This subchapter describes the methodology used to
					 determine the cost share of a MAGI-excepted individual requesting coverage of
					 long-term care services.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1724.1 - MODIFIED ADJUSTED GROSS INCOME (MAGI)-EXCEPTED BASED › Subchapter 8 - FINANCIAL ELIGIBILITY AND LIABILITY OF MAGI-EXCEPTED INDIVIDUALS RECEIVING LONG-TERM CARE SERVICES › Section 17-1724.1-63 - Post-eligibility treatment of income fqr a MAGI-excepted individual meeting institutional level of care and receiving long-term care services

Current through June, 2024
(a)
				  A MAGI-excepted individual meeting institutional level of care and determined
				  eligible to receive long-term care services shall have countable income applied
				  toward the cost share of long-term care and other medical care costs when the
				  individual is:
(1) Residing in a nursing
				  facility or a medical facility; or
(2) Medically needy and residing in the
				  community receiving home and community based services (under
				  42 C.F.R.
				  §
												435.217 ).
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1724.1 - MODIFIED ADJUSTED GROSS INCOME (MAGI)-EXCEPTED BASED › Subchapter 8 - FINANCIAL ELIGIBILITY AND LIABILITY OF MAGI-EXCEPTED INDIVIDUALS RECEIVING LONG-TERM CARE SERVICES › Section 17-1724.1-64 to 17-1724.1-68 - Reserved

Current through June, 2024
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1724.2 - MODIFIED ADJUSTED GROSS INCOME (MAGI) BASED INCOME METHODOLOGY › Subchapter 1 - GENERAL PROVISIONS › Section 17-1724.2-1 - Purpose

Current through June, 2024
This chapter describes the modified adjusted gross income
					 (MAGI) based income methodology. MAGI-based income methodology, established by
					 the Affordable Care Act, is used to determine financial eligibility for
					 individuals described in chapters 17-1715 (Children Group), 17-1716 (Pregnant
					 Women Group), 17-1717 (Parents and Other Caretaker Relatives Group), and
					 17-1718 (Adults Group), collectively referred to as "MAGI groups." MAGI-based
					 income methodology incorporates a household's composition, size, and the
					 treatment of certain types of income. These conditions are generally based on
					 information from the previous tax year, whether the household expects to file a
					 tax return for the taxable year in which medical assistance is sought, and any
					 expected change in circumstance.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1724.2 - MODIFIED ADJUSTED GROSS INCOME (MAGI) BASED INCOME METHODOLOGY › Subchapter 1 - GENERAL PROVISIONS › Section 17-1724.2-3 - Special provisions for eligibility renewals

Current through June, 2024
(a)
				  Individuals who were beneficiaries prior to October 1, 2013, and were
				  transferred to a MAGI group shall not have eligibility re-determined under the
				  MAGI-based income methodology until March 31, 2014, or at the next scheduled
				  re-determination of eligibility, whichever is later.
(b) Individuals eligible under a MAGI group
				  whose eligibility renewal would have occurred from October 1, 2013 through
				  March 31, 2014 shall have their eligibility period extended by six months.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1724.2 - MODIFIED ADJUSTED GROSS INCOME (MAGI) BASED INCOME METHODOLOGY › Subchapter 1 - GENERAL PROVISIONS › Section 17-1724.2-4 - MAGI-based income determination

Current through June, 2024
(a) MAGI-based
				  income shall be calculated using the same methodology used to determine the
				  modified adjusted gross income as defined in 26 C.F.R. §1.36 B- 1(e)(2).
				  The Internal Revenue Service (IRS) Form 1040 is used as a guide to identify
				  taxable income.
(1) Income included in the
				  MAGI-based determination includes the following:
(A) Wages, salaries, tips, etc.;
(B) Taxable interest;
(C) Tax-exempt interest;
(D) Ordinary dividends;
(E) Qualified dividends;
(F) Taxable refunds, credits, or offsets of
				  state and local income taxes;
(G)
				  Alimony received;
(H) Business
				  income or (loss);
(I) Capital gain
				  or (loss);
(J) Other gains or
				  (losses);
(K) Taxable amount of IRA
				  distributions;
(L) Taxable amount
				  of pensions and annuities;
(M)
				  Rental real estate, royalties,partnerships, S corporations, trusts,etc. ;
(N)Farm income or (loss);
(O) Unemployment compensation;
(P) Taxable amount of social
				  securitybenefits; and
(Q) Other
				  income.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1724.2 - MODIFIED ADJUSTED GROSS INCOME (MAGI) BASED INCOME METHODOLOGY › Subchapter 1 - GENERAL PROVISIONS › Section 17-1724.2-4.1 - Income of the sponsor of a non-citizen

Current through June, 2024
(a) The sponsor of
				  a non-citizen who executed an affidavit of support pursuant to section 213A of
				  the Immigration and Nationality Act (INA) on or after December 19, 1997, shall
				  have their income and their spouse's income deemed as available to a
				  non-citizen requesting medical assistance. For the purposes of this section:
(1) "Sponsor" means an individual who is
				  either required to execute or has executed an affidavit of support.
(2) "Affidavit of support" means a document
				  that an individual completes and signs to accept financial responsibility for
				  another person, who may be, but is not required to be, a relative who is coming
				  to the United States to live permanently. The person who completes and signs
				  the affidavit of support becomes the sponsor of the relative (or other
				  individual) coming to live in the United States.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1724.2 - MODIFIED ADJUSTED GROSS INCOME (MAGI) BASED INCOME METHODOLOGY › Subchapter 2 - HOUSEHOLD COMPOSITION › Section 17-1724.2-11 - Purpose

Current through June, 2024
This subchapter identifies and describes the composition
					 of a household for a MAGI-based income determination.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1724.2 - MODIFIED ADJUSTED GROSS INCOME (MAGI) BASED INCOME METHODOLOGY › Subchapter 2 - HOUSEHOLD COMPOSITION › Section 17-1724.2-12 - General requirements

Current through June, 2024
The MAGI related household is generally based on the tax
					 household concept, that incorporates tax filing status and relationships, with
					 certain exceptions. The household generally consists of the tax filer including
					 married tax filers filing jointly or separately if living together, and all
					 individuals who are expected to be claimed as tax dependents for the taxable
					 year in which medical assistance is sought.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1724.2 - MODIFIED ADJUSTED GROSS INCOME (MAGI) BASED INCOME METHODOLOGY › Subchapter 2 - HOUSEHOLD COMPOSITION › Section 17-1724.2-13 - MAGI-related households

Current through June, 2024
(a) The
				  MAGI-related household as described in
				  42 C.F.R.
				  §
											435.603 consists of the following
				  individuals:
(1) Tax filer who:
(A) Expects to file a tax return for the
				  taxable year in which medical assistance is sought; and
(B) Does not expect to be claimed as a tax
				  dependent by another tax filer;
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1724.2 - MODIFIED ADJUSTED GROSS INCOME (MAGI) BASED INCOME METHODOLOGY › Subchapter 3 - BUDGET PERIODS › Section 17-1724.2-19 - Purpose

Current through June, 2024
This subchapter identifies and describes the budget period
					 for a MAGI-based income determination.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1724.2 - MODIFIED ADJUSTED GROSS INCOME (MAGI) BASED INCOME METHODOLOGY › Subchapter 3 - BUDGET PERIODS › Section 17-1724.2-20 - Budget periods

Current through June, 2024
(a) The
				  determination of monthly income and household size is dependent on the period
				  for which assistance is being requested and the circumstances involved.
(1) The following methods shall be used when
				  determining current income:
(A) For a month
				  prior to the current month, the actual income received within that month shall
				  be considered income for that month.
(B) For the current month, income already
				  received and any income anticipated to be received within the current month,
				  shall be considered income for that month.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1725.1 - ASSETS FOR MAGI-EXCEPTED INDIVIDUALS › Subchapter 1 - GENERAL PROVISIONS › Section 17-1725.1-1 - Purpose

Current through June, 2024
This chapter describes the types and amount of assets that
					 apply to a MAGI-excepted individual and the treatment of resources for a
					 MAGI-excepted individual or household and for individuals applying for or
					 receiving long-term care services.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1725.1 - ASSETS FOR MAGI-EXCEPTED INDIVIDUALS › Subchapter 1 - GENERAL PROVISIONS › Section 17-1725.1-2 - General requirements

Current through June, 2024
This chapter identifies and describes the types of assets
					 and how they are considered in determining the eligibility of a MAGI-excepted
					 individual or household.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1725.1 - ASSETS FOR MAGI-EXCEPTED INDIVIDUALS › Subchapter 1 - GENERAL PROVISIONS › Section 17-1725.1-3 - Rounding of assets

Current through June, 2024
There are no provisions for the rounding of assets to a
					 whole dollar amount when determining eligibility for a MAGI-excepted individual
					 or household.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1725.1 - ASSETS FOR MAGI-EXCEPTED INDIVIDUALS › Subchapter 2 - AVAILABILITY AND VERIFICATION OF ASSETS › Section 17-1725.1-9 - Purpose

Current through June, 2024
This subchapter describes the requirements to provide
					 verification of assets which are considered and evaluated to determine
					 eligibility for a MAGI-excepted individual.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1725.1 - ASSETS FOR MAGI-EXCEPTED INDIVIDUALS › Subchapter 2 - AVAILABILITY AND VERIFICATION OF ASSETS › Section 17-1725.1-10 - Availability and verification of assets

Current through June, 2024
(a) An individual
				  shall apply for and develop potential sources of assets, when
				  applicable.
(b) The asset shall be
				  considered as of the first moment of the calendar month for which medical
				  assistance is being requested or received.
(c) The asset of an individual and their
				  legally responsible household members residing in the same residence shall be
				  considered when determining eligibility for medical assistance.
(d) Joint ownership of a liquid asset that is
				  legally defined and available to the individual shall be considered.
(e) Joint ownership of a liquid asset when
				  legally defined to which only a portion is legally accessible, shall be
				  considered an available resource only as to that portion.
(f) Joint ownership of a non-liquid asset,
				  including real and personal property that is legally defined to which only a
				  portion is legally accessible, shall be considered an available resource only
				  as to that portion.
(g) The
				  department shall deny or terminate medical assistance when an individual fails
				  to:
(1) Apply for, access, or develop
				  potential sources of assets;
(2)
				  Cooperate in providing accurate and complete information or verification;
				  or
(3) Complete any other action on
				  the part of the individual or household that prevents a correct determination
				  of eligibility to be made.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1725.1 - ASSETS FOR MAGI-EXCEPTED INDIVIDUALS › Subchapter 3 - ASSETS TO BE CONSIDERED › Section 17-1725.1-16 - Purpose

Current through June, 2024
This subchapter describes assets which are considered in
					 the determination of eligibility for a MAGI-excepted individual or
					 household.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1725.1 - ASSETS FOR MAGI-EXCEPTED INDIVIDUALS › Subchapter 3 - ASSETS TO BE CONSIDERED › Section 17-1725.1-18 - Treatment of trusts established after August 10, 1993

Current through June, 2024
(a)
				  An individual shall be considered to have established a trust if assets of the
				  individual form all or part of the corpus of the trust and if the trust was
				  formed other than by a will by any of the following:
(1) The individual;
(2) The individual's spouse;
(3) A person, including a court or
				  administrative body, with legal authority to act on behalf of the individual or
				  the individual's spouse; or
(4) A
				  person, including a court or administrative body, acting at the direction of
				  the individual or the individual's spouse.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1725.1 - ASSETS FOR MAGI-EXCEPTED INDIVIDUALS › Subchapter 3 - ASSETS TO BE CONSIDERED › Section 17-1725.1-19 - Assets of the sponsor of a non-citizen

Current through June, 2024
(a) The sponsor of
				  a non-citizen who executed an affidavit of support pursuant to section 213A of
				  the INA on or after December 19, 1997, shall have their assets and their
				  spouse's assets deemed as available to a non-citizen requesting medical
				  assistance.
(b) The assets of a
				  non-citizen's sponsor and the sponsor's spouse shall be deemed available to the
				  non-citizen until such time as the non-citizen:
(1) Achieves U.S. citizenship through
				  naturalization pursuant to chapter
				  2 of Title III of the INA; or
(2) Has worked forty qualifying quarters of
				  coverage as defined under Title II of the Social Security Act or can be
				  credited with such qualifying quarters as provided under
				  8 U.S.C.
				  §1645. In the case of any such
				  qualifying quarter beginning after December 31, 1996, the non-citizen must not
				  have received any Federal means-tested public benefit during any such
				  period.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1725.1 - ASSETS FOR MAGI-EXCEPTED INDIVIDUALS › Subchapter 4 - EXEMPT ASSETS › Section 17-1725.1-25 - Purpose

Current through June, 2024
This subchapter describes assets which are exempt in the
					 determination of eligibility for an individual or household.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1725.1 - ASSETS FOR MAGI-EXCEPTED INDIVIDUALS › Subchapter 4 - EXEMPT ASSETS › Section 17-1725.1-26 - Exempt assets

Current through June, 2024
The following assets shall be exempted from consideration
					 in the personal reserve of an individual or household which shall include, but
					 are not limited to:
(1) Household
				  goods of limited value essential to day-to-day living including but not limited
				  to clothing, furniture, appliances or electronic equipment;
(2) Personal effects including but not
				  limited to one wedding ring and one engagement ring, personal care items and
				  clothing, pets, educational or recreational items, or items of cultural or
				  religious significance to an individual;
(3) All motor vehicles, with the exception of
				  watercrafts or air transportation vehicles, including but not limited to cars,
				  trucks, vans, or motorcycles;
(4)
				  Any equity in the principal place of residence of an individual or household,
				  as described in subchapter
				  5 except for the home of an individual
				  requesting or receiving long-term care services placed in a trust;
(5) Refunds of utility and rental deposits
				  paid by the department;
(6) Bona
				  fide loans or agreements from any source, including but not limited to
				  educational loans, is a debt that the individual (borrower) has an obligation
				  to repay;
(7) Cash payments to the
				  assistance unit responsible for payment of the household bills by a non-unit
				  household member for his or her share of common household expenses;
(8) One burial space (including plots,
				  vaults, and niches) per household member if specifically designated for the
				  individual or immediate household member;
(9) The value of bona fide funeral or burial
				  plans or agreements per household member if specifically designated for the
				  individual or immediate household member;
(10) All funds contained in a trust
				  established after August 10, 1993 for a disabled (as defined in section
				  17-1719-8 ) individual under sixty-five years of age established under
				  42 U.S.C.
				  §1396 p(d)(4)(A) that meets the
				  following conditions:
(A) The trust was
				  established with the assets of the disabled individual solely for the benefit
				  of the individual by a parent, grandparent, legal guardian or by a court;
				  and
(B) The State will receive all
				  amounts remaining in the trust upon the death of the disabled individual up to
				  an amount equal to the total medical assistance received by the
				  individual;
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1725.1 - ASSETS FOR MAGI-EXCEPTED INDIVIDUALS › Subchapter 5 - EVALUATION OF REAL PROPERTY › Section 17-1725.1-32 - Purpose

Current through June, 2024
This subchapter identifies and describes the different
					 types of property ownership and how they are considered in the determination of
					 eligibility for a MAGI-excepted individual or household.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1725.1 - ASSETS FOR MAGI-EXCEPTED INDIVIDUALS › Subchapter 5 - EVALUATION OF REAL PROPERTY › Section 17-1725.1-33 - Equity value of real property

Current through June, 2024
(a) The equity
				  value of real property shall be determined by subtracting all encumbrances from
				  the fair market value.
(b) The
				  equity value of any real property not designated within this chapter as exempt
				  shall be considered an available asset counted towards the individual's
				  personal reserve.
(c) The fair
				  market value of real property shall be determined by considering the following
				  variables:
(1) Geographic location;
(2) Land use;
(3) Amenities; and
(4) Land configuration.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1725.1 - ASSETS FOR MAGI-EXCEPTED INDIVIDUALS › Subchapter 5 - EVALUATION OF REAL PROPERTY › Section 17-1725.1-34 - Treatment of special forms of ownership of real or personal property

Current through June, 2024
(a) The individual's interest in property
				  shall be determined by the type and form of ownership which may affect the
				  value of the property in determining eligibility.
(b) Property held in joint tenancy shall be
				  determined by:
(1) An appraisal of the
				  current fair market value of the individual's interest in the property;
				  or
(2) Dividing the current fair
				  market value of the property by the number of joint tenants; and
(3) Upon the death of one of the joint
				  tenants, the survivor or survivors become the sole owner or owners of the
				  entire interest.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1725.1 - ASSETS FOR MAGI-EXCEPTED INDIVIDUALS › Subchapter 5 - EVALUATION OF REAL PROPERTY › Section 17-1725.1-35 - Special provision for removal of legal impediments to availability

Current through June, 2024
Medical assistance shall be provided to an otherwise
					 eligible individual while legal impediments to the current availability of real
					 property are being removed or title is being cleared based on the condition
					 that the individual's plan of action is submitted within thirty days of the
					 date of request by the department to remove those legal impediments or to clear
					 title.
(1) Failure to meet the
				  deadline shall disqualify the individual from receiving further medical
				  assistance.
(2) The department
				  shall periodically review the status of the plan of action and determine
				  whether a recipient's failure to take appropriate action shall disqualify the
				  recipient from further assistance.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1725.1 - ASSETS FOR MAGI-EXCEPTED INDIVIDUALS › Subchapter 5 - EVALUATION OF REAL PROPERTY › Section 17-1725.1-36 - Real property used as a home

Current through June, 2024
(a) Real property
				  which is considered the home or usual place of residence of the individual is
				  generally exempt from consideration as a countable asset except for the home
				  property of an institutionalized individual placed in a trust.
(b) The home property exemption is extended
				  to the land and all structures on the parcel of land. The home property
				  exemption may include contiguous parcels of property, regardless of whether
				  legally considered separate parcels of property, and adjoining structures on
				  that property that are not separated by easements or public right of ways, and
				  provided the individual owner or owners consider the parcels to be part of
				  their home property.
(c) For the
				  purpose of this subsection, whether an individual is living on or away from the
				  real property shall determine whether the property is considered home property
				  or not, regardless of the form of the individual's interest such as a life
				  tenant, remainderman, a buyer or seller under an agreement of sale, settlor or
				  beneficiary under a trust, or any other form of leased or divided interest.
(1) For an institutionalized individual home
				  property shall not be considered other property if:
(A) The individual states an intent to return
				  to the home; or
(B) A spouse or
				  dependent relative is living in the home.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1725.1 - ASSETS FOR MAGI-EXCEPTED INDIVIDUALS › Subchapter 6 - PERSONAL RESERVE STANDARDS › Section 17-1725.1-42 - Purpose

Current through June, 2024
This subchapter identifies the personal reserve standards
					 for a MAGI-excepted individual or household.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1725.1 - ASSETS FOR MAGI-EXCEPTED INDIVIDUALS › Subchapter 6 - PERSONAL RESERVE STANDARDS › Section 17-1725.1-43 - Personal reserve standard for a MAGI-excepted individual or household

Current through June, 2024
(a) The personal reserve standards for an
				  individual or household are the maximum amount of countable assets that may be
				  held by the individual or household while establishing or maintaining
				  eligibility.
(b) An individual or a
				  household whose equity in non-exempt assets as determined in this chapter
				  exceeds the personal reserve standard for medical assistance shall be
				  ineligible.
(c) The personal
				  reserve standards for a MAGI-excepted individual or household applying for or
				  receiving assistance, is equal to standards employed by the SSI
				  program.
(d) For each additional
				  family member, $250 shall be added to the SSI personal reserve standard for a
				  household of two and the resultant amount is the personal reserve standard for
				  a household of applicable size.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1725.1 - ASSETS FOR MAGI-EXCEPTED INDIVIDUALS › Subchapter 7 - TREATMENT OF ASSETS FOR INDIVIDUALS REQUESTING COVERAGE OF LONG-TERM CARE SERVICES › Section 17-1725.1-49 - Purpose

Current through June, 2024
The purpose of this subchapter is to establish the
					 requirements for the treatment of assets for an individual who requests
					 coverage of long-term care services.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1725.1 - ASSETS FOR MAGI-EXCEPTED INDIVIDUALS › Subchapter 7 - TREATMENT OF ASSETS FOR INDIVIDUALS REQUESTING COVERAGE OF LONG-TERM CARE SERVICES › Section 17-1725.1-50 - Determination of the community spouse resource allowance

Current through June, 2024
(a)
				  At the time of initial eligibility determination, the community spouse of an
				  institutionalized individual who received long-term care services on or after
				  September 30, 1989, shall be allowed to maintain countable assets up to the
				  maximum allowed by federal statutes or regulations with provisions for
				  increase, as allowed by the Secretary of Health and Human Services by means of
				  indexing, court order, or fair hearing.
(b) At the time of initial eligibility
				  determination of an institutionalized individual, the total value of assets of
				  both spouses, regardless of how they are held, shall be considered available to
				  the institutionalized individual, except for the community spouse resource
				  allowance, as defined by subsection (a).
(c) The assets retained by the community
				  spouse, as allowed by subsection (a), shall not jeopardize the eligibility of
				  the institutionalized individual. After the initial eligibility of the
				  institutionalized individual is established, any assets of the community
				  spouse, which do not include the institutionalized individual as a co-owner,
				  shall not be considered during the continuous period of both eligibility and
				  institutionalization of the institutionalized individual.
(d) The post-eligibility interspousal
				  transfer of assets shall be allowed for the legal transfer of assets from the
				  institutionalized individual to the community spouse. After a protected period
				  of ninety days from the date eligibility is determined, which may be extended
				  if there are legal reasons or extenuating circumstances that delay such a
				  transfer, any assets still legally available to the institutionalized
				  individual shall be considered in the determination of continued eligibility of
				  the institutionalized individual.
(e) The provisions of subsections (a) through
				  (d) apply to an institutionalized individual who qualifies for long-term care
				  services.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1725.1 - ASSETS FOR MAGI-EXCEPTED INDIVIDUALS › Subchapter 7 - TREATMENT OF ASSETS FOR INDIVIDUALS REQUESTING COVERAGE OF LONG-TERM CARE SERVICES › Section 17-1725.1-51 - Penalty period for the transfer of an asset for less than fair market value

Current through June, 2024
(a) An individual
				  who requests medical assistance for coverage of long-term care services shall
				  be assessed a penalty period for coverage of these services if the individual
				  or the individual's spouse, transferred an asset for less than fair market
				  value within the applicable look-back period. The length of the look-back
				  period shall be sixty months for an asset transferred on or after February 8,
				  2006.
(b) An asset that was
				  transferred on or after the date of application shall be considered as follows:
(1) A penalty period shall be assessed if an
				  individual transfers an asset after being determined eligible for coverage of
				  long-term care services.
(2) A
				  penalty period shall not be assessed for the transfer of an asset owned by the
				  community spouse made after the individual has been determined eligible for
				  coverage of long-term care services with the exception of subsection
				  (d).
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1725.1 - ASSETS FOR MAGI-EXCEPTED INDIVIDUALS › Subchapter 7 - TREATMENT OF ASSETS FOR INDIVIDUALS REQUESTING COVERAGE OF LONG-TERM CARE SERVICES › Section 17-1725.1-52 - Treatment of annuities

Current through June, 2024
(a) An individual
				  who requires coverage of long-term care services or their community spouse
				  shall disclose whether or not the individual or their community spouse has any
				  ownership interest in annuities at the time of application and at each
				  subsequent redetermination of Medicaid eligibility.
(1) An individual shall not be eligible for
				  coverage of long-term care services if the institutionalized individual or
				  their community spouse fails to disclose any interest in an annuity.
(2) The disclosure shall be required
				  regardless of whether the annuity is irrevocable or treated as an asset under
				  this chapter.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1725.1 - ASSETS FOR MAGI-EXCEPTED INDIVIDUALS › Subchapter 7 - TREATMENT OF ASSETS FOR INDIVIDUALS REQUESTING COVERAGE OF LONG-TERM CARE SERVICES › Section 17-1725.1-53 - Treatment of promissory notes, loans and mortgages

Current through June, 2024
(a)
				  The assets used by an individual who requires coverage of long-term care
				  services or their community spouse, to secure a promissory note, loan or
				  mortgage on or after February 8, 2006, shall not be considered transferred if
				  all of the following conditions apply to the promissory note, loan or mortgage:
(1) The repayment term is actuarially
				  sound;
(2) It is irrevocable and
				  cannot be sold;
(3) Equal payments
				  are made throughout the term of the contract with no deferral or balloon
				  payments; and
(4) The balance
				  cannot be cancelled upon the death of the institutionalized individual or the
				  community spouse.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1725.1 - ASSETS FOR MAGI-EXCEPTED INDIVIDUALS › Subchapter 7 - TREATMENT OF ASSETS FOR INDIVIDUALS REQUESTING COVERAGE OF LONG-TERM CARE SERVICES › Section 17-1725.1-54 - Treatment of the purchase of a life interest in the home property of another

Current through June, 2024
(a) The funds used
				  by the individual who requires coverage of long-term care services or their
				  community spouse to purchase a life interest in the home property of another,
				  on or after February 8, 2006, shall be considered transferred if the purchaser
				  did not reside on the property for a period of at least one year after the date
				  of the purchase.
(b) For the
				  purchase of a life interest in the property of another made on or after
				  February 8, 2006 that meet the requirements of subsection (a), the portion of
				  the funds that exceed the value of the life interest property based on the life
				  estate tables published by the SSA, shall be treated as transferred
				  assets.
(c) The portion of the
				  funds used to purchase a life interest in the property of another by the
				  individual or the individual's spouse prior to February 8, 2006, that exceed
				  the value of the life interest in the property based on the life estate tables
				  published by the Social Security Administration, shall be treated as a
				  transferred asset.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1725.1 - ASSETS FOR MAGI-EXCEPTED INDIVIDUALS › Subchapter 7 - TREATMENT OF ASSETS FOR INDIVIDUALS REQUESTING COVERAGE OF LONG-TERM CARE SERVICES › Section 17-1725.1-55 - Treatment of the transfer of income

Current through June, 2024
(a) A transfer of
				  asset penalty period shall be assessed if the institutionalized individual or
				  their community spouse transferred:
(1) Lump
				  sum payments received in the month; or
(2) An entitled stream of income (disclaimed
				  or voluntarily agreed).
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1725.1 - ASSETS FOR MAGI-EXCEPTED INDIVIDUALS › Subchapter 7 - TREATMENT OF ASSETS FOR INDIVIDUALS REQUESTING COVERAGE OF LONG-TERM CARE SERVICES › Section 17-1725.1-56 - Transfer of assets that are not subject to the assessment of a penalty

Current through June, 2024
A penalty period shall not be applied when:
(1) The asset transferred was the
				  individual's home property and title was transferred to the:
(A) Spouse of such individual;
(B) Child of such individual who is under age
				  twenty-one years, or a blind or disabled child;
(C) A sibling of such individual who has an
				  equity interest in the home, and has resided in the home for at least one year
				  immediately prior to the date the individual becomes an institutionalized
				  individual; or
(D) An adult child
				  of such individual, other than a child described in paragraph (B), who has
				  resided in the home with the individual for at least two years immediately
				  prior to the date the individual becomes an institutionalized individual and
				  who provided care which allowed the individual to reside at home.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1725.1 - ASSETS FOR MAGI-EXCEPTED INDIVIDUALS › Subchapter 7 - TREATMENT OF ASSETS FOR INDIVIDUALS REQUESTING COVERAGE OF LONG-TERM CARE SERVICES › Section 17-1725.1-57 - Determining a penalty period

Current through June, 2024
(a) A penalty
				  period shall be calculated by dividing the total uncompensated value of the
				  asset transferred, by the statewide average monthly cost of nursing facility
				  services assessed to a private patient at the time the individual requests and
				  is determined eligible for the coverage of long-term care services.
(b) A penalty period that results in a
				  partial month penalty shall not be rounded down or disregarded.
(c) A penalty period established for an asset
				  that was transferred, shall be applied as follows:
(1) The value of all non-exempt transfers
				  during the applicable look-back period specified in subsection 17-1725.1-51(a)
				  shall be combined and a single penalty period shall be determined.
(2) A separate penalty period shall be
				  determined for non-exempt transfers which occurred while a penalty is being
				  applied for a previous transfer by an individual determined eligible for
				  coverage of long-term care services.
(3) The penalty period shall commence the
				  later of:
(A) The date of request for
				  long-term care services;
(B) The
				  date the individual would be eligible for coverage of long-term care services
				  but a penalty is being imposed under this subchapter; or
(C) The date a negative action can be taken
				  in situations when timely notice of adverse action is required for the
				  individual currently receiving coverage of long-term care services.
(4) A penalty period that would
				  commence within the term of another penalty period shall commence at the end of
				  the prior penalty period.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1725.1 - ASSETS FOR MAGI-EXCEPTED INDIVIDUALS › Subchapter 7 - TREATMENT OF ASSETS FOR INDIVIDUALS REQUESTING COVERAGE OF LONG-TERM CARE SERVICES › Section 17-1725.1-58 - Waiver of a transfer of asset penalty period due to undue hardship

Current through June, 2024
(a) A penalty period may be waived if the
				  department determines that the imposition of the penalty will cause undue
				  hardship for the individual.
(b)
				  Undue hardship exists if the application of a penalty period would deprive the
				  individual of:
(1) Medical care such that the
				  individual's life or health would be endangered; or
(2) Food, clothing, shelter, or other
				  necessities of life.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1725.1 - ASSETS FOR MAGI-EXCEPTED INDIVIDUALS › Subchapter 7 - TREATMENT OF ASSETS FOR INDIVIDUALS REQUESTING COVERAGE OF LONG-TERM CARE SERVICES › Section 17-1725.1-59 - Individual with substantive equity in a home property

Current through June, 2024
(a)
				  An individual shall not be eligible for coverage of long-term care services if
				  the individual's home equity interest exceeds $750,000.
(b) The individual's home equity interest
				  shall be determined by the fair market value less encumbrances.
(c) The provisions of this subsection do not
				  apply if the individual's spouse, a child under age twenty-one years, a blind
				  child, or a disabled child is residing in the individual's home.
(d) An individual affected by the provisions
				  of this subsection is allowed to reduce their equity in the home property
				  through the use of a reverse mortgage or a home equity loan without
				  penalty.
(e) An individual affected
				  by this subsection has the right to file for a waiver due to demonstrated
				  hardship by which the individual is legally barred from taking action to access
				  the equity in the property.
(f)
				  Effective 2011, the amount of the equity interest shall be subject to increase
				  each calendar year based on the percentage increase in the consumer price index
				  for all urban consumers, rounded to the nearest $1,000.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1725.1 - ASSETS FOR MAGI-EXCEPTED INDIVIDUALS › Subchapter 7 - TREATMENT OF ASSETS FOR INDIVIDUALS REQUESTING COVERAGE OF LONG-TERM CARE SERVICES › Section 17-1725.1-60 - Waiver of excess home equity due to undue hardship

Current through June, 2024
(a)
				  The denial for the coverage of long-term care services may be waived if the
				  department determined that the imposition of ineligibility will cause the
				  individual undue hardship.
(b)
				  Undue hardship exists if the denial of coverage of long-term care services
				  would deprive the individual of:
(1) Medical
				  care such that the individual's life or health would be endangered;
				  or
(2) Food, clothing, shelter, or
				  other necessities of life.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1725.1 - ASSETS FOR MAGI-EXCEPTED INDIVIDUALS › Subchapter 7 - TREATMENT OF ASSETS FOR INDIVIDUALS REQUESTING COVERAGE OF LONG-TERM CARE SERVICES › Section 17-1725.1-61 to 17-1725.1-65 - Reserved

Current through June, 2024
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1730.1 - MEDICALLY NEEDY SPENDDOWN › Subchapter 1 - GENERAL PROVISIONS › Section 17-1730.1-1 - Purpose

Current through June, 2024
This chapter describes the spenddown of excess income for
					 children under age nineteen years, pregnant women, and aged, blind or disabled
					 (ABD) individuals with incurred medical expenses to qualify for medical
					 assistance who are ineligible to participate in a coverage group established
					 under the provisions of the Affordable Care Act of 2010, or the mandatory or
					 optional categorically needy coverage group under Title XIX of the Social
					 Security Act.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1730.1 - MEDICALLY NEEDY SPENDDOWN › Subchapter 1 - GENERAL PROVISIONS › Section 17-1730.1-2 - General requirements

Current through June, 2024
The confidentiality, administrative appeal, fraud, medical
					 assistance recovery, application, eligibility review, and adverse action
					 provisions described in subtitle 12 shall pertain to an individual who applies
					 or is eligible under this chapter.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1730.1 - MEDICALLY NEEDY SPENDDOWN › Subchapter 2 - ELIGIBILITY REQUIREMENTS › Section 17-1730.1-9 - Basic requirements

Current through June, 2024
An individual shall meet the basic eligibility
					 requirements which include but are not limited to, citizenship, state
					 residency, verification of identity, not residing in a public institution, and
					 the provision of a social security number, as described in chapter
					 17-1714.1.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1730.1 - MEDICALLY NEEDY SPENDDOWN › Subchapter 2 - ELIGIBILITY REQUIREMENTS › Section 17-1730.1-10 - Categorical requirements

Current through June, 2024
An individual eligible to participate under this chapter
					 would otherwise be eligible under chapters 17-1715, 171716 or 17-1719 except
					 for having income in excess of the applicable income standard but is
					 insufficient to meet incurred medical expenses which are likely to be required
					 on a continuing basis.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1730.1 - MEDICALLY NEEDY SPENDDOWN › Subchapter 2 - ELIGIBILITY REQUIREMENTS › Section 17-1730.1-11 - Income requirements

Current through June, 2024
(a) The maximum
				  allowable countable income, prior to spenddown, determined under the provisions
				  of chapter 17-1724.1 for eligibility under this chapter is:
(1) Three hundred percent of the Federal
				  Poverty Level for a child, or pregnant woman; or
(2) For an aged, blind, or disabled
				  individual, no maximum shall be considered. Unlimited for an aged, blind, or
				  disabled individual.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1730.1 - MEDICALLY NEEDY SPENDDOWN › Subchapter 2 - ELIGIBILITY REQUIREMENTS › Section 17-1730.1-12 - Asset requirements

Current through June, 2024
The countable assets of an individual shall follow the
					 personal reserve requirements described in chapter 17-1719 and the provisions
					 under chapter 17-1725.1 for a household of applicable size.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1730.1 - MEDICALLY NEEDY SPENDDOWN › Subchapter 2 - ELIGIBILITY REQUIREMENTS › Section 17-1730.1-13 - Spenddown calculation for continued eligibility

Current through June, 2024
(a) An
				  individual's excess income is the countable income which exceeds the medically
				  needy income standard for the household of applicable size.
(b) Medical expenses incurred by an
				  individual or financially responsible relative not subject to payment by a
				  third party shall be deducted from the excess income in the following order:
(1) Expenses for Medicare and other health
				  insurance premiums, deductibles or co-insurance charges including enrollment
				  fees and co-payments. Payments made quarterly or for longer intervals shall be
				  pro-rated on a monthly basis.
(2)
				  Necessary medical and remedial services recognized under State law but not
				  included in the department's medical assistance plan to include expenses prior
				  to the month of application not previously considered that remain a
				  liability.
(3) Necessary medical
				  and remedial services that exceed the department's medical assistance plan in
				  regards to amount, duration or scope of services to include expenses prior to
				  the month of application not previously considered that remain a
				  liability.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1730.1 - MEDICALLY NEEDY SPENDDOWN › Subchapter 3 - FREEDOM OF CHOICE, ENROLLMENT, BENEFITS, AND DISENROLLMENT › Section 17-1730.1-19 - Purpose

Current through June, 2024
This subchapter addresses and refers to the provisions of
					 freedom of choice, enrollment, benefits, and disenrollment for an individual
					 who is eligible in accordance with this chapter.