reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1722.3 - BASIC HEALTH HAWAII › Subchapter 4 - INDIVIDUALS DEEMED INTO BASIC HEALTH HAWAII › Section 17-1722.3-34 - Transition period for individuals deemed into Basic Health Hawaii

Current through June, 2024
(a) A deemed individual shall remain
				  continuously eligible for Basic Health Hawaii during the transition period,
				  which shall be the three-month period beginning with the implementation date,
				  and shall continue except as provided under subsection (c).
(b) After the last day of the second month
				  following the implementation date, a deemed individual must meet the
				  eligibility requirements under subchapter
				  2. An eligibility redetermination shall
				  be initiated prior to the end of the transition period to ensure continued
				  eligibility or timely termination of coverage.
(c) Eligibility of a deemed individual during
				  the transition period may be terminated for the following reasons:
(1) The recipient qualifies for federal
				  medical assistance;
(2) Death of
				  the recipient;
(3) The recipient no
				  longer resides in the State;
(4)
				  The recipient voluntarily terminates coverage;
(5) The recipient is admitted to a public
				  institution as defined in chapter 17-1714;
(6) Lack of State funds; or
(7) Basic Health Hawaii is terminated or
				  repealed.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1722.3 - BASIC HEALTH HAWAII › Subchapter 4 - INDIVIDUALS DEEMED INTO BASIC HEALTH HAWAII › Section 17-1722.3-35 - Enrollment procedures for individuals deemed into Basic Health Hawaii

Current through June, 2024
A deemed individual shall undergo the following health
					 plan selection or assignment options:
(1) If the individual is a member of a health
				  plan that is also a participating health plan, then the individual shall be
				  assigned to that participating health plan;
(2) If the individual is not a member of a
				  health plan that is also a participating health plan, then the individual
				  shall, within ten days, select from among the participating health plans
				  available in the service area in which the individual resides if there is more
				  than one participating health plan;
(3) If an individual allowed to select a
				  participating health plan does not select one within ten days of being
				  determined eligible, the department shall assign and enroll the individual in a
				  participating health plan; and
(4)
				  In the absence of a choice of participating health plans in a service area, an
				  eligible individual who resides in that particular service area shall be
				  enrolled in the available participating health plan.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1723.1 - EMERGENCY MEDICAL ASSISTANCE FOR NON-CITIZENS › Subchapter 1 - GENERAL PROVISIONS › Section 17-1723.1-1 - Purpose

Current through June, 2024
The purpose of this chapter is to establish the
					 requirements for eligibility and participation in emergency medical assistance
					 for a non-citizen who is ineligible for Medicaid.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1723.1 - EMERGENCY MEDICAL ASSISTANCE FOR NON-CITIZENS › Subchapter 1 - GENERAL PROVISIONS › Section 17-1723.1-2 - General requirements

Current through June, 2024
The confidentiality, administrative appeal, fraud, medical
					 assistance recovery, application processing, eligibility review, and adverse
					 action notice 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 1723.1 - EMERGENCY MEDICAL ASSISTANCE FOR NON-CITIZENS › Subchapter 2 - ELIGIBILITY REQUIREMENTS › Section 17-1723.1-8 - Purpose

Current through June, 2024
This subchapter describes the eligibility requirements for
					 coverage of emergency medical services for a non-citizen under this
					 chapter.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1723.1 - EMERGENCY MEDICAL ASSISTANCE FOR NON-CITIZENS › Subchapter 2 - ELIGIBILITY REQUIREMENTS › Section 17-1723.1-9 - Basic requirements

Current through June, 2024
A non-citizen applying for assistance under this chapter
					 shall meet the following basic requirements, which include but are not limited
					 to non-citizen status, state residency, verification of identity, not residing
					 in a public institution and, when applicable, the provision of a social
					 security number.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1723.1 - EMERGENCY MEDICAL ASSISTANCE FOR NON-CITIZENS › Subchapter 2 - ELIGIBILITY REQUIREMENTS › Section 17-1723.1-10 - Categorical requirements

Current through June, 2024
(a) Coverage of
				  emergency services may be provided to an individual who is ineligible for
				  Medicaid, meets the conditions of subsections (b) and (c), and is:
(1) Illegally residing in the United
				  States;
(2) A lawfully present
				  non-citizen, including a citizen of a COFA nation, who is age nineteen or over
				  and not pregnant;
(3) A non-citizen
				  who was never legally admitted to the U.S. for any period of time, or was
				  admitted for a limited time and did not leave when the time expired;
				  or
(4) Lawfully admitted for a
				  temporary or a specified time period as a legal nonimmigrant such as a:
(A) Visitor;
(B) Tourist;
(C) Diplomat;
(D) Student who enters the U.S. temporarily
				  with no intention of abandoning residence in a foreign country.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1723.1 - EMERGENCY MEDICAL ASSISTANCE FOR NON-CITIZENS › Subchapter 2 - ELIGIBILITY REQUIREMENTS › Section 17-1723.1-11 - Income requirements

Current through June, 2024
The following income standards must be met to be eligible
					 for emergency medical assistance for non-citizens:
(1) For an ABD individual, apply the income
				  requirements described in chapter 17-1719.
(2) For a non-ABD individual, apply the
				  income requirements described in chapters 17-1715, 17-1716, 17-1717, 17-1718 or
				  17-1730.1 as appropriate.
(3) For
				  an individual determined ineligible for Medicaid, the department shall transfer
				  the individual's application information for other insurance affordability
				  programs as appropriate pursuant to
				  42
				  C.F.R.
				  §435.1200(e).
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1723.1 - EMERGENCY MEDICAL ASSISTANCE FOR NON-CITIZENS › Subchapter 2 - ELIGIBILITY REQUIREMENTS › Section 17-1723.1-12 - Asset requirements

Current through June, 2024
Assets shall be considered as follows:
(1) For an ABD individual, apply the asset
				  provisions described in chapter 17-1719.
(2) For a non-ABD individual, apply the asset
				  provisions described in chapters 17-1715, 17-1716, 17-1717, 17-1718 or
				  17-1730.1 as appropriate.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1723.1 - EMERGENCY MEDICAL ASSISTANCE FOR NON-CITIZENS › Subchapter 3 - FREEDOM OF CHOICE, COVERAGE, AND BENEFITS › Section 17-1723.1-18 - Purpose

Current through June, 2024
This subchapter addresses and refers to the provisions of
					 freedom of choice, coverage and benefits for an individual who is eligible for
					 emergency medical services under this chapter.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1723.1 - EMERGENCY MEDICAL ASSISTANCE FOR NON-CITIZENS › Subchapter 3 - FREEDOM OF CHOICE, COVERAGE, AND BENEFITS › Section 17-1723.1-19 - Freedom of choice

Current through June, 2024
An individual eligible under this chapter shall choose a
					 department approved provider as described in section
					 17-1736-3.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1723.1 - EMERGENCY MEDICAL ASSISTANCE FOR NON-CITIZENS › Subchapter 3 - FREEDOM OF CHOICE, COVERAGE, AND BENEFITS › Section 17-1723.1-20 - Coverage

Current through June, 2024
Coverage will be provided no earlier than the tenth
					 calendar day immediately prior to the date the application is received by the
					 department.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1723.1 - EMERGENCY MEDICAL ASSISTANCE FOR NON-CITIZENS › Subchapter 3 - FREEDOM OF CHOICE, COVERAGE, AND BENEFITS › Section 17-1723.1-21 - Benefits

Current through June, 2024
(a) An individual eligible under this chapter
				  shall be provided benefits on a fee-for-service basis as described in chapter
				  171737.
(b) Benefits shall be
				  limited to coverage of emergency medical services to stabilize the emergency
				  medical condition described in section 17-1723.1-10(b).
(c) Services related to organ transplant
				  procedures are not covered.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1723.2 - REFUGEE MEDICAL ASSISTANCE › Subchapter 1 - GENERAL PROVISIONS › Section 17-1723.2-1 - Purpose

Current through June, 2024
The purpose of this chapter is to establish the
					 requirements for eligibility and participation in the Refugee Medical
					 Assistance (RMA) program.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1723.2 - REFUGEE MEDICAL ASSISTANCE › Subchapter 1 - GENERAL PROVISIONS › Section 17-1723.2-2 - General requirements

Current through June, 2024
The confidentiality, administrative appeal, fraud, medical
					 assistance recovery, application processing, eligibility review, and adverse
					 action notice 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 1723.2 - REFUGEE MEDICAL ASSISTANCE › Subchapter 2 - REFUGEE MEDICAL ASSISTANCE (RMA) PROGRAM › Section 17-1723.2-8 - Purpose

Current through June, 2024
This subchapter describes the eligibility requirements for
					 Refugee Medical Assistance (RMA).
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1723.2 - REFUGEE MEDICAL ASSISTANCE › Subchapter 2 - REFUGEE MEDICAL ASSISTANCE (RMA) PROGRAM › Section 17-1723.2-9 - Basic Requirements

Current through June, 2024
An individual applying for assistance under this
					 subchapter shall meet the following basic requirements, which include but are
					 not limited to non-citizen status, state residency, verification of identity,
					 not residing in a public institution, and the provision of a social security
					 number when applicable.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1723.2 - REFUGEE MEDICAL ASSISTANCE › Subchapter 2 - REFUGEE MEDICAL ASSISTANCE (RMA) PROGRAM › Section 17-1723.2-10 - Categorical requirements

Current through June, 2024
An individual eligible to participate in the Refugee
					 Medical Assistance program shall:
(1)
				  Be ineligible for medical assistance under the provisions of chapters 17-1715,
				  17-1716, 17-1717, 17-1718, 17-1719 or 17-1730.1 with the following income not
				  considered:
(A) In-kind services and shelter
				  provided by a sponsor or local resettlement agency;
(B) Cash allotments provided by the
				  resettlement agency and financial cash assistance payments provided by the
				  department; and
(C) Income
				  remaining in the country of origin;
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1723.2 - REFUGEE MEDICAL ASSISTANCE › Subchapter 2 - REFUGEE MEDICAL ASSISTANCE (RMA) PROGRAM › Section 17-1723.2-11 - Income Requirements

Current through June, 2024
(a) Income shall be
				  based on information as of the date of application. The department may not
				  employ prospective averaging of income methodology.
(b) A refugee ineligible under section
				  171723.2-10 due to excess income under chapters 17-1715, 17-1716, 17-1717,
				  17-1718, 17-1719, or 17-1730.1 is eligible under the provisions of this chapter
				  if able to spend down to the applicable standard through incurred medical
				  expenses.
(c) A refugee initially
				  determined eligible under chapters 17-1715, 17-1716, 17-1717, 17-1718, 171719
				  or 17-1730.1 who is subsequently terminated due to earnings from employment
				  shall be transferred to the Refugee Medical Assistance program without a
				  determination of eligibility, until the end of the time-limited period for
				  RMA.
(d) Earned income shall not
				  affect continued eligibility for a refugee initially determined eligible for
				  RMA.
(e) A refugee who is
				  sixty-five years or older, or who is blind or disabled, shall be referred to
				  the Social Security Administration to apply for Supplemental Security Income
				  (SSI) and Medicare as appropriate.
(f) For an individual determined ineligible
				  under this chapter, the department shall transfer the individual's application
				  information for other insurance affordability programs as appropriate pursuant
				  to
				  42
				  C.F.R.
				  §435.1200(e).
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1723.2 - REFUGEE MEDICAL ASSISTANCE › Subchapter 2 - REFUGEE MEDICAL ASSISTANCE (RMA) PROGRAM › Section 17-1723.2-12 - Asset requirements

Current through June, 2024
Assets shall be considered as follows:
(1) For a non-ABD individual, apply the asset
				  provisions described in chapters 17-1715, 17-1716, 17-1717, 17-1718, or
				  17-1730.1 as applicable.
(2) For an
				  ABD individual, apply the asset provisions described in chapter
				  17-1719.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1723.2 - REFUGEE MEDICAL ASSISTANCE › Subchapter 2 - REFUGEE MEDICAL ASSISTANCE (RMA) PROGRAM › Section 17-1723.2-13 - Redetermination of eligibility

Current through June, 2024
The provisions of section
					 17-1712.1-4 relating to
					 redeterminations of eligibility due to a change in household circumstances
					 shall apply to an individual eligible under this chapter.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1723.2 - REFUGEE MEDICAL ASSISTANCE › Subchapter 2 - REFUGEE MEDICAL ASSISTANCE (RMA) PROGRAM › Section 17-1723.2-14 - Records

Current through June, 2024
The following information shall be entered in the record
					 of each refugee:
(1) The name and
				  address of the sponsor;
(2) The
				  name of the national voluntary resettlement agency which resettled the refugee
				  or the absence of an involved voluntary resettlement agency; and
(3) The passport or alien registration number
				  on the form I-94.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1723.2 - REFUGEE MEDICAL ASSISTANCE › Subchapter 3 - FREEDOM OF CHOICE, ENROLLMENT, BENEFITS, DISENROLLMENT AND TERMINATION OF ASSISTANCE › Section 17-1723.2-20 - Purpose

Current through June, 2024
This subchapter addresses and refers to the provisions of
					 freedom of choice, enrollment, benefits and disenrollment for a refugee who is
					 eligible for RMA under this chapter.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1723.2 - REFUGEE MEDICAL ASSISTANCE › Subchapter 3 - FREEDOM OF CHOICE, ENROLLMENT, BENEFITS, DISENROLLMENT AND TERMINATION OF ASSISTANCE › Section 17-1723.2-21 - Freedom of choice

Current through June, 2024
(a) A refugee
				  eligible in accordance with this chapter, with the exception of a refugee
				  identified in section 17-1735.1-2(a), shall be provided a choice of a health
				  plan and a provider as described in chapter 17-1720.1.
(b) A refugee identified in section
				  17-1735.1-2(a) shall choose a department approved provider as described in
				  17-1736-3.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1723.2 - REFUGEE MEDICAL ASSISTANCE › Subchapter 3 - FREEDOM OF CHOICE, ENROLLMENT, BENEFITS, DISENROLLMENT AND TERMINATION OF ASSISTANCE › Section 17-1723.2-22 - Enrollment into a participating health plan

Current through June, 2024
(a) A
				  refugee eligible in accordance with this chapter, with the exception of a
				  refugee identified in section 17-1735.1-2(a), shall be enrolled in a health
				  plan as described in chapter 17-1720.1.
(b) A refugee identified in section
				  17-1735.1-2(a) shall not be enrolled into a health plan and their health care
				  services shall be provided on a fee-for-service basis.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1723.2 - REFUGEE MEDICAL ASSISTANCE › Subchapter 3 - FREEDOM OF CHOICE, ENROLLMENT, BENEFITS, DISENROLLMENT AND TERMINATION OF ASSISTANCE › Section 17-1723.2-23 - Benefits

Current through June, 2024
(a) Benefits under this chapter shall be
				  time-limited as determined by the Director of the federal Office of Refugee
				  Resettlement.
(b) A refugee who is
				  enrolled in a health plan shall be provided a standard benefits package by a
				  participating health plan and other services when appropriate as described in
				  chapter 17-1720.
(c) A refugee
				  identified in section 17-1735.1-2(a) shall be provided coverage under the
				  fee-for-service provisions as described in chapter 17-1737.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1723.2 - REFUGEE MEDICAL ASSISTANCE › Subchapter 3 - FREEDOM OF CHOICE, ENROLLMENT, BENEFITS, DISENROLLMENT AND TERMINATION OF ASSISTANCE › Section 17-1723.2-24 - Disenrollment from a health plan

Current through June, 2024
An enrollee shall be disenrolled from a health plan under
					 the provisions as described in chapter 171720.1.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1723.2 - REFUGEE MEDICAL ASSISTANCE › Subchapter 3 - FREEDOM OF CHOICE, ENROLLMENT, BENEFITS, DISENROLLMENT AND TERMINATION OF ASSISTANCE › Section 17-1723.2-25 - Termination of assistance

Current through June, 2024
(a) After a refugee
				  is determined eligible for RMA under this chapter, the department shall review
				  the refugee's circumstances as appropriate for changes to determine eligibility
				  for other medical assistance programs.
(b) Refugee Medical Assistance shall be
				  terminated when the first of the following conditions is met:
(1) The refugee has been determined eligible
				  for Medicaid;
(2) Countable assets
				  exceed the maximum allowable; or
(3) The last day of the final month of the
				  time limited benefit period.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1723.2 - REFUGEE MEDICAL ASSISTANCE › Subchapter 3 - FREEDOM OF CHOICE, ENROLLMENT, BENEFITS, DISENROLLMENT AND TERMINATION OF ASSISTANCE › Section 17-1723.2-26 to 17-1723.2-30 - Reserved

Current through June, 2024
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1723.3 - MEDICAL ASSISTANCE FOR REPATRIATES › Subchapter 1 - GENERAL PROVISIONS › Section 17-1723.3-1 - Purpose

Current through June, 2024
This chapter describes the temporary medical assistance
					 provided by the department on behalf of the U.S. Department of Health and Human
					 Services (HHS) to a United States citizen or national, or the dependent of a
					 United States citizen, who has been returned from a foreign country under the
					 provisions of the U.S. Repatriate program, as established by Section 1113 of
					 the Social Security Act,
					 42
					 U.S.C. Section 1313, and as administered by
					 HHS through the International Social Service-United States of America Branch
					 (ISS-USA).
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1723.3 - MEDICAL ASSISTANCE FOR REPATRIATES › Subchapter 2 - ELIGIBILITY REQUIREMENTS › Section 17-1723.3-7 - Purpose

Current through June, 2024
This subchapter describes the eligibility requirements for
					 temporary medical assistance under the U.S. Repatriate program.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1723.3 - MEDICAL ASSISTANCE FOR REPATRIATES › Subchapter 2 - ELIGIBILITY REQUIREMENTS › Section 17-1723.3-8 - Eligibility requirements

Current through June, 2024
(a) An individual
				  eligible to receive repatriate medical assistance shall meet the following
				  requirements:
(1) A citizen of the United
				  States or a dependent of a citizen of the United States.
(2) Identified as having returned or
				  returning from a foreign country to the United States through a written
				  statement transmitted to the department by an authorized official of the
				  Department of State (DOS) because of one of the following reasons:
(A) Destitution;
(B) Illness of the individual or
				  dependent;
(C) War;
(D) Threat of war;
(E) Invasion; or
(F) Similar crisis.
(3) Without resources immediately accessible
				  to meet the individual's needs.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1723.3 - MEDICAL ASSISTANCE FOR REPATRIATES › Subchapter 3 - BENEFITS, TERMINATION AND REPAYMENT › Section 17-1723.3-14 - Purpose

Current through June, 2024
This subchapter describes the benefit, termination and
					 repayment provisions regarding temporary medical assistance under the U.S.
					 Repatriate program.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1723.3 - MEDICAL ASSISTANCE FOR REPATRIATES › Subchapter 3 - BENEFITS, TERMINATION AND REPAYMENT › Section 17-1723.3-15 - Benefits

Current through June, 2024
(a) Benefits for an individual eligible under
				  this chapter shall be time-limited for up to ninety (90) days from the date of
				  arrival in the United States unless the provisions of (b) apply.
(b) With prior authorization from the HHS,
				  temporary medical assistance may be extended for up to nine (9) months if the
				  individual is unable to attain self-support or self care due to age, disability
				  or lack of vocational preparation.
(c) Depending upon the circumstances of the
				  individual, and in consultation with the ISS-USA case manager, an individual
				  eligible for repatriate medical assistance will be provided medical assistance
				  either as fee-for-service or enrolled in a health plan.
(d) The level of benefits provided to
				  individuals under the repatriate program shall be the same as that provided
				  under § 17-1737 for fee-for-service or § 17-1720.1 for participating
				  health plans.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1723.3 - MEDICAL ASSISTANCE FOR REPATRIATES › Subchapter 3 - BENEFITS, TERMINATION AND REPAYMENT › Section 17-1723.3-16 - Termination of assistance

Current through June, 2024
(a) During the
				  ninety (90) day repatriation period, the department shall review as appropriate
				  changes in an individual's situation to determine whether a different plan of
				  assistance is appropriate or the individual is eligible for another medical
				  assistance program.
(b) Repatriate
				  medical assistance shall be terminated when the first of the following
				  conditions is met:
(1) The individual has
				  been determined eligible for assistance under the state's Medicaid
				  program;
(2) The individual has
				  sufficient resources to meet his or her needs; or
(3) On the ninety-first
				  (91st) day from the date of arrival, unless
				  assistance has been extended by HHS as provided in section
				  17-1723.3-15(b).
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1723.3 - MEDICAL ASSISTANCE FOR REPATRIATES › Subchapter 3 - BENEFITS, TERMINATION AND REPAYMENT › Section 17-1723.3-17 - Repayment

Current through June, 2024
(a) Temporary medical assistance to eligible
				  individuals under the repatriate program is provided on a loan basis from HHS
				  and is not retroactive.
(b)
				  Eligible individuals will be required to sign the Privacy Act Statement and
				  Repayment Agreement, AFC-120, upon arrival in the United States.
(c) Assistance provided without a signed
				  repayment agreement in cases of medical emergency conditions or unaccompanied
				  minors remains on a loan basis.
(d)
				  The department is not responsible for the repayment process of repatriate loans
				  or any collection, compromise or waiver of repayment.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1724.1 - MODIFIED ADJUSTED GROSS INCOME (MAGI)-EXCEPTED BASED › Subchapter 1 - GENERAL PROVISIONS › Section 17-1724.1-1 - Purpose

Current through June, 2024
This chapter describes the Modified Adjusted Gross Income
					 (MAGI)-excepted income methodology used to determine financial eligibility for
					 an individual or household having medical assistance eligibility determined in
					 a MAGI-excepted eligibility group.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1724.1 - MODIFIED ADJUSTED GROSS INCOME (MAGI)-EXCEPTED BASED › Subchapter 2 - AVAILABILITY OF INCOME › Section 17-1724.1-8 - Purpose

Current through June, 2024
This subchapter describes the requirement for a
					 MAGI-excepted individual to apply for and pursue any potentially available
					 income sources.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1724.1 - MODIFIED ADJUSTED GROSS INCOME (MAGI)-EXCEPTED BASED › Subchapter 2 - AVAILABILITY OF INCOME › Section 17-1724.1-9 - Availability and verification of income

Current through June, 2024
(a) As a condition
				  of eligibility, an individual shall apply for and develop any potential sources
				  of income include, but are not limited to, annuities, pensions, retirement and
				  disability benefits, veterans' compensation and unemployment compensation,
				  unless good cause can be shown for not doing so.
(b) The department shall deny or terminate
				  medical assistance when the individual fails to:
(1) Apply for, access, or develop potential
				  sources of income;
(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 1724.1 - MODIFIED ADJUSTED GROSS INCOME (MAGI)-EXCEPTED BASED › Subchapter 3 - LEGAL RESPONSIBILITY FOR SUPPORT › Section 17-1724.1-15 - Purpose

Current through June, 2024
This subchapter describes individuals whose income shall
					 be considered available for the support of a MAGI-excepted spouse or child
					 applying for medical assistance
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1724.1 - MODIFIED ADJUSTED GROSS INCOME (MAGI)-EXCEPTED BASED › Subchapter 3 - LEGAL RESPONSIBILITY FOR SUPPORT › Section 17-1724.1-16 - Availability of income of household members

Current through June, 2024
The following shall apply when determining financial
					 responsibility of related household members and other household members of a
					 MAGI-excepted individual:
(1) The
				  income of spouses living in the same residence shall be considered available to
				  each other.
(2) When spouses cease
				  to reside together due to the institutionalization of one spouse, only the
				  income actually contributed from one spouse to the other shall be considered
				  available to the receiving spouse, beginning the first month after the spouses
				  cease to reside together.
(3) An
				  individual receiving home and community based waiver services or hospice
				  services shall be considered institutionalized and separated from the
				  individual's spouse, under the provisions of paragraph
(4) When spouses cease to reside together for
				  reasons other than the institutionalization of one spouse, only the income up
				  to the month of separation shall be considered available to each other. After
				  the month of separation, only the income that is actually contributed to the
				  eligible spouse shall be considered available to the eligible spouse.
(5) When determining the eligibility of a
				  child under eighteen years of age who is applying for or receiving medical
				  assistance under chapter 17-1719 as a blind or disabled individual:
(A) The income of the parent or parents shall
				  be considered available to the child if the child resides in the same
				  residence;
(B) Only the income that
				  is actually contributed by the parent or parents shall be considered available
				  to the child, beginning the first month following the month the child ceases to
				  reside with a parent or parents. This provision applies even if the child
				  returns to the residence for periodic visits.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1724.1 - MODIFIED ADJUSTED GROSS INCOME (MAGI)-EXCEPTED BASED › Subchapter 4 - EARNED INCOME › Section 17-1724.1-22 - Purpose

Current through June, 2024
This subchapter describes the types of earned income
					 considered countable or exempt in determining the financial eligibility of a
					 MAGI-excepted individual or household.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1724.1 - MODIFIED ADJUSTED GROSS INCOME (MAGI)-EXCEPTED BASED › Subchapter 4 - EARNED INCOME › Section 17-1724.1-23 - Earnings

Current through June, 2024
All employment-related income received that is not exempt
					 under section
					 17-1724.1-26, shall be considered
					 countable earned income; include, but are not limited to:
(1) Wages, back pay, birthday pay, cost of
				  living allowance (COLA), funeral pay, holiday pay, sick leave pay, and vacation
				  pay;
(2) Tips, bonuses, and
				  commissions;
(3) Dismissal and
				  severance pay;
(4) Compensation
				  from any on-the-job training (OJT) program;
(5) Payments under the Workforce Investment
				  Act (WIA) except for supportive services;
(6) Compensation from public service
				  employment (PSE);
(7) In-kind
				  income received in lieu of cash for employment that is paid to an individual
				  that includes perquisites, such as meals, food, shelter, utilities and medical
				  insurance;
(8) Royalties from an
				  individual's work or any honorarium received for services rendered;
				  or
(9) Temporary disability
				  insurance (TDI) benefits when an employer provides payments directly to an
				  eligible employee for non work-related sickness or injury, including pregnancy.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1724.1 - MODIFIED ADJUSTED GROSS INCOME (MAGI)-EXCEPTED BASED › Subchapter 4 - EARNED INCOME › Section 17-1724.1-24 - Self-employment earned income

Current through June, 2024
(a) Self-employment
				  earned income is income received by an individual who:
(1) Sells a service or product for a
				  profit;
(2) Is independently
				  responsible for obtaining or providing a service or product;
(3) Has independent costs and expenses
				  necessary to provide a service or product;
(4) Determines independently the manner,
				  method, and process of business operations; and
(5) Is independently responsible for the
				  success or failure of the business operation.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1724.1 - MODIFIED ADJUSTED GROSS INCOME (MAGI)-EXCEPTED BASED › Subchapter 4 - EARNED INCOME › Section 17-1724.1-25 - Entitlements to military-personnel

Current through June, 2024
Allowances available to military personnel on active duty
					 identified under the entitlement section of the Leave and Earnings Statement
					 (LES) are considered countable earned income include, but are not limited
					 to:
(1) Basic allowance for housing
				  (BAH) which is housing compensation paid to military personnel not residing in
				  government housing;
(2) Basic
				  allowance for subsistence (BAS) which is paid to military personnel to offset
				  the cost of their meals when residing in nongovernmental housing or without
				  access to a military mess hall;
(3)
				  Clothing allowances (listed as BCRA, CCA, CMA, CRA, FCRA, SCRA, or UNIF) which
				  are provided for the replacement of required uniform items based on normal wear
				  rate, when additional uniform items are required, or when civilian clothing is
				  required to perform assigned duties;
(4) Continental United States cost of living
				  allowance (CONUS COLA) which is provided to compensate military personnel
				  stationed in certain "higher-cost" locations; and
(5) Combat pay (listed as HFP, HFP/COMBAT
				  ZONE, HSTL, or IDP) may be treated as earned income, if elected under the
				  earned income tax credit.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1724.1 - MODIFIED ADJUSTED GROSS INCOME (MAGI)-EXCEPTED BASED › Subchapter 4 - EARNED INCOME › Section 17-1724.1-26 - Exempt earned income

Current through June, 2024
Work-related income that is exempt as earned income
					 include, but are not limited to:
(1)
				  Federal earned income tax credit that reduces the federal tax liability for
				  certain low income working taxpayers that results in advance payments from an
				  employer or a refund from the IRS;
(2) Federal child tax credit that is
				  available to certain low income employed taxpayers with a dependent child and
				  may result in a tax refund payment to the taxpayer from the IRS;
(3) Infrequent earned income of thirty
				  dollars per calendar quarter whether from a single source, unexpected source,
				  or from more than one source of income;
(4) Payments under the Workforce Investment
				  Act (WIA) that are for supportive services; and
(5) Wages paid by the Census Bureau for
				  temporary employment related to census activities; and
(6) Earned income of a blind or disabled
				  student under age twenty-two years, up to the monthly and yearly maximum
				  student earned income exclusion (SEIE) amounts as determined by the Social
				  Security Administration and the cost-of-living adjustment(COLA) as described
				  under
				  20 C.F.R. §
											416.1112.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1724.1 - MODIFIED ADJUSTED GROSS INCOME (MAGI)-EXCEPTED BASED › Subchapter 5 - UNEARNED INCOME › Section 17-1724.1-32 - Purpose

Current through June, 2024
This subchapter describes the types of unearned income
					 considered countable or exempt when determining the financial eligibility of a
					 MAGI-excepted individual or household.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1724.1 - MODIFIED ADJUSTED GROSS INCOME (MAGI)-EXCEPTED BASED › Subchapter 5 - UNEARNED INCOME › Section 17-1724.1-33 - Veteran's benefits

Current through June, 2024
All Veterans Administration (VA) benefits, if not excluded
					 under sections
					 17-1724.1-39 or
					 17-1724.1-46, available to an
					 individual who served in the Army, Navy, Marine Corps, Coast Guard, or Air
					 Force or to their dependents; a spouse, child, or a dependent parent of a
					 living veteran, a widow or a widower, or surviving dependent parent of a
					 deceased veteran prior to any deductions, are considered countable unearned
					 income include, but are not limited to:
(1) Service-connected disability
				  benefits;
(2) Pension benefits for
				  a veteran who is a:
(A) Permanently and
				  totally disabled individual who served ninety or more days of active military
				  service to include a minimum of one day during a period of war not sustaining a
				  service-connected disability;
(B)
				  Sixty-five years of age or older individual with limited income who served
				  twenty or more years of active duty, full-time National guard duty, or
				  satisfactory service as a reservist; or
(C) Recipient of the medal of honor.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1724.1 - MODIFIED ADJUSTED GROSS INCOME (MAGI)-EXCEPTED BASED › Subchapter 5 - UNEARNED INCOME › Section 17-1724.1-34 - Legal settlements, inheritance, insurance settlements, and compensations

Current through June, 2024
(a) Money received
				  to settle any insurance, legal, or inheritance claim, personal injury awards
				  and compensation for pain and suffering shall be considered unearned income, if
				  not excluded under sections
				  17-1724.1-39 or
				  17-1724.1-46.
(b) Any expense paid or incurred which is
				  related to the settlement or award shall be deducted from the total amount
				  awarded.
(c) Allowable expense
				  deductions include, but are not limited to, legal fees, medical payments, motor
				  vehicle replacement, or replacement of personal property damaged or lost if
				  proof of allowable expenses paid is provided to the department within ten
				  calendar days from the date the settlement, inheritance, or award is received.
				  Absent the submission of proof, the gross settlement, inheritance or award
				  amount shall be considered unearned income.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1724.1 - MODIFIED ADJUSTED GROSS INCOME (MAGI)-EXCEPTED BASED › Subchapter 5 - UNEARNED INCOME › Section 17-1724.1-35 - Educational loans, grants, scholarships, and benefits

Current through June, 2024
(a)
				  Any educational loans, grants, or scholarships, if not excluded under section
				  17-1724.1-46, obtained and used
				  under conditions that preclude their use for current living expenses shall not
				  be counted as unearned income.
(b)
				  Any educational loans, grants, or scholarships not excluded under section
				  17-1724.1-46, which are obtained
				  and used for current living expenses, shall be counted as unearned
				  income.
(c) Educational grants or
				  scholarships received by the student and used for expenses include, but are not
				  limited to tuition, books, fees, equipment, transportation for school purposes,
				  or child care services necessary for school attendance, shall not be counted as
				  unearned income.
(1) Expenses specified in
				  this subsection shall be deducted first from the scholarships, loans or
				  educational benefits specifically excluded under section
				  17-1724.1-46.
(2) Expenses specified in this subsection
				  that exceed the excluded benefits under section
				  17-1724.1-46 shall then be
				  deducted from any non-excluded scholarship or educational benefits.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1724.1 - MODIFIED ADJUSTED GROSS INCOME (MAGI)-EXCEPTED BASED › Subchapter 5 - UNEARNED INCOME › Section 17-1724.1-36 - Lump sum benefits

Current through June, 2024
Any lump sum cash benefit, which is not considered to be
					 earned income and not exempt under sections
					 17-1724.1-39 or
					 17-1724.1-46, shall be considered
					 unearned income in the month of receipt.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1724.1 - MODIFIED ADJUSTED GROSS INCOME (MAGI)-EXCEPTED BASED › Subchapter 5 - UNEARNED INCOME › Section 17-1724.1-37 - 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 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.
(b)
				  The income 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 United States 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 1724.1 - MODIFIED ADJUSTED GROSS INCOME (MAGI)-EXCEPTED BASED › Subchapter 5 - UNEARNED INCOME › Section 17-1724.1-38 - Other unearned income

Current through June, 2024
All non-work related income prior to any deductions and
					 not exempt in section
					 17-1724.1-39, shall be considered
					 countable unearned income that include, but are not limited to:
(1) Social security benefits include:
(A) Early retirement benefits at age
				  sixty-two years or full retirement benefits at age sixty-five years or
				  older;
(B) Disability benefits to
				  an individual certified as unable to work because of a physical and or mental
				  handicap;
(C) Survivor's benefits
				  to a spouse of a deceased wage earner; or
(D) Benefits for children of a deceased or
				  disabled parent.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1724.1 - MODIFIED ADJUSTED GROSS INCOME (MAGI)-EXCEPTED BASED › Subchapter 5 - UNEARNED INCOME › Section 17-1724.1-39 - Exempt unearned income

Current through June, 2024
(a) All non-work
				  related income that is exempt as unearned income include, but are not limited
				  to:
(1) VA benefits that are:
(A) Reduced to $90 for a veteran with no
				  spouse or child and residing in a nursing facility or receiving domiciliary
				  care services furnished by the VA for which the VA makes per diem payments
				  pursuant to 3 8 U.S.C. § 1741(a);
(B) For aid and attendance allowance,
				  housebound allowance; and
(C)
				  Increased or an extra VA payment resulting from unusual medical
				  expenses.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1724.1 - MODIFIED ADJUSTED GROSS INCOME (MAGI)-EXCEPTED BASED › Subchapter 6 - INCOME DISREGARDS › Section 17-1724.1-45 - Purpose

Current through June, 2024
This subchapter describes the types of income that are
					 disregarded when determining income eligibility of a MAGI-excepted
					 individual.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1724.1 - MODIFIED ADJUSTED GROSS INCOME (MAGI)-EXCEPTED BASED › Subchapter 6 - INCOME DISREGARDS › Section 17-1724.1-46 - Income disregarded for a MAGI-excepted individual or household

Current through June, 2024
The following shall be disregarded when determining income
					 eligibility for a MAGI-excepted individual or household:
(1) The value of supplemental nutrition
				  assistance benefits issued under the Food and Nutritional Act of 2008 (
				  7 U.S.C.
				  §§2011 -
				  2027
				  );
(2) The value of the U.S.
				  Department of Agriculture donated foods (surplus commodities);
(3) Any grant or loan to any undergraduate or
				  graduate student made or insured under programs administered by the U.S.
				  Secretary of Education, Title IV of the Higher Education Act, the Carl D.
				  Perkins Career and Technical Education Improvement Act of 2006 (
				  20
				  U.S.C. §§2301 -
				  2324 ), or
				  the Bureau of Indian Affairs student assistance programs including, but not
				  limited to:
(A) Pell Grants;
(B) Federal Supplemental Educational
				  Opportunity Grant (FSEOG);
(C)
				  National Direct Student Loans (NDSL);
(D) Guaranteed Student Loans (GSL);
(E) Hawaii Student Incentive Grant
				  (HSIG);
(F) College Work Study
				  (CWS) Program;
(G) Academic
				  Achievement Incentive Scholarships;
(H) Byrd Scholars;
(I) Federal Educational Loans (Federal PLUS
				  Loans, Ford Loans, Perkins Loans, Stafford Loans, etc.);
(J) Gaining Early Awareness and Readiness for
				  Undergraduate Programs (GEAR UP);
(K) Leveraging Educational Assistance
				  Partnership (LEAP);
(L) Special
				  Leveraging Educational Assistance Partnership (SLEAP);
(M) State Student Incentives; and
(N) Upward Bound;
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 17-1724.1-52 - Purpose

Current through June, 2024
This subchapter describes how financial eligibility is
					 determined for a MAGI-excepted individual.
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 17-1724.1-53 - Rounding of income

Current through June, 2024
There are no provisions for the rounding of income to a
					 whole dollar amount when determining eligibility for a MAGI-excepted individual
					 or household except as described in paragraph
					 17-1724.1-56(8)
					 and subsection
					 17-1724.1-63(c).
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 17-1724.1-54 - General eligibility provisions

Current through June, 2024
(a) Determination
				  of financial eligibility for a MAGI-excepted individual shall be based upon the
				  income standards established by the department.
(b) Medical assistance shall be provided to a
				  MAGI-excepted individual whose income:
(1) Is
				  equal to or less than the medical assistance standards of the applicable
				  coverage group under chapter 17-1719; or
(2) Exceeds the applicable standard of
				  assistance in chapter 17-1719, but meets the applicable medically needy
				  standard of assistance based on household size after the deduction of incurred
				  medical expenses under chapter 17-1730.1.