reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart D - Determination of Need and Amount of Assistance › Chapter 178 - RESOURCE PROVISIONS FOR CATEGORICALLY NMP-MA AND MNO-MA › Subchapter B - AGED, BLIND AND DISABLED CATEGORIES OF MA › RESOURCE EXCLUSIONS FOR THE AGED, BLIND AND DISABLED CATEGORIES OF MA › Section 178.78 - Uniform Gifts to Minors Act

Current through Register Vol. 54, No. 28, July 13, 2024
A gift made to a person under 21 years of age under
						  20 Pa.C.S. §§
													5301-5310 (relating to Pennsylvania Uniform
						  Gifts to Minors Act) is excluded as a resource until the person attains 21
						  years of age.
This section cited in 55 Pa. Code §
														178.91 (relating to deeming of
							 resources); 55 Pa. Code §
														178.121 (relating to general); 55
							 Pa. Code §
														178.122 (relating to determining
							 the spousal share of resources if the institutionalized spouse is not applying
							 for MA); and 55 Pa. Code §
														178.123 (relating to determining
							 the spousal share of resources at the same time the institutionalized spouse
							 applies for MA).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart D - Determination of Need and Amount of Assistance › Chapter 178 - RESOURCE PROVISIONS FOR CATEGORICALLY NMP-MA AND MNO-MA › Subchapter B - AGED, BLIND AND DISABLED CATEGORIES OF MA › RESOURCE EXCLUSIONS FOR THE AGED, BLIND AND DISABLED CATEGORIES OF MA › Section 178.79 - Certain support and maintenance assistance

Current through Register Vol. 54, No. 28, July 13, 2024
In-kind support or maintenance benefits furnished
						  in-kind by a private, nonprofit organization or furnished as cash or in-kind
						  assistance by a supplier of home heating oil or gas, by an entity providing
						  home energy whose revenues are primarily derived on a rate-of-return basis and
						  regulated by the Pennsylvania Public Utility Commission or by a municipal
						  utility providing home energy. Support and maintenance assistance includes home
						  energy assistance (HEA). HEA benefits may include, but are not limited to,
						  payments for heating or cooling, storm doors, weatherization services and
						  blankets. HEA benefits do not include food or clothing.
This section cited in 55 Pa. Code §
														178.91 (relating to deeming of
							 resources); 55 Pa. Code §
														178.121 (relating to general); 55
							 Pa. Code §
														178.122 (relating to determining
							 the spousal share of resources if the institutionalized spouse is not applying
							 for MA); and 55 Pa. Code §
														178.123 (relating to determining
							 the spousal share of resources at the same time the institutionalized spouse
							 applies for MA).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart D - Determination of Need and Amount of Assistance › Chapter 178 - RESOURCE PROVISIONS FOR CATEGORICALLY NMP-MA AND MNO-MA › Subchapter B - AGED, BLIND AND DISABLED CATEGORIES OF MA › RESOURCE EXCLUSIONS FOR THE AGED, BLIND AND DISABLED CATEGORIES OF MA › Section 178.80 - Low income home energy assistance program

Current through Register Vol. 54, No. 28, July 13, 2024
Benefits received from the low income home energy
						  assistance program (LIHEAP) are excluded.
This section cited in 55 Pa. Code §
														178.91 (relating to deeming of
							 resources); 55 Pa. Code §
														178.121 (relating to general); 55
							 Pa. Code §
														178.122 (relating to determining
							 the spousal share of resources if the institutionalized spouse is not applying
							 for MA); and 55 Pa. Code §
														178.123 (relating to determining
							 the spousal share of resources at the same time the institutionalized spouse
							 applies for MA).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart D - Determination of Need and Amount of Assistance › Chapter 178 - RESOURCE PROVISIONS FOR CATEGORICALLY NMP-MA AND MNO-MA › Subchapter B - AGED, BLIND AND DISABLED CATEGORIES OF MA › RESOURCE EXCLUSIONS FOR THE AGED, BLIND AND DISABLED CATEGORIES OF MA › Section 178.81 - German reparations payments

Current through Register Vol. 54, No. 28, July 13, 2024
Payments made under the republic of Germany's federal
						  law for compensation of National Socialist persecution-German Restitution
						  Act-to certain survivors of the Holocaust are excluded. The payments may be
						  made periodically or in a lump sum.
This section cited in 55 Pa. Code §
														178.91 (relating to deeming of
							 resources); 55 Pa. Code §
														178.121 (relating to general); 55
							 Pa. Code §
														178.122 (relating to determining
							 the spousal share of resources if the institutionalized spouse is not applying
							 for MA); and 55 Pa. Code §
														178.123 (relating to determining
							 the spousal share of resources at the same time the institutionalized spouse
							 applies for MA).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart D - Determination of Need and Amount of Assistance › Chapter 178 - RESOURCE PROVISIONS FOR CATEGORICALLY NMP-MA AND MNO-MA › Subchapter B - AGED, BLIND AND DISABLED CATEGORIES OF MA › RESOURCE EXCLUSIONS FOR THE AGED, BLIND AND DISABLED CATEGORIES OF MA › Section 178.82 - Japanese-American and Aleutian restitution payments

Current through Register Vol. 54, No. 28, July 13, 2024
Restitution payments made by the United States
						  government to eligible Japanese-Americans and Aleuts who were interned or
						  relocated during World War II are excluded. If the eligible Japanese-Americans
						  are deceased at the time of payments, payments will be made to certain of their
						  survivors as specified under the Civil Liberties Act of 1988 (50 App. 1989b and
						  1989b-1-1989b-9). This payment is also excluded. This section does not apply to
						  eligible Aleuts who are covered under the Aleutian and Pribilof Islands
						  Restitution Act (50 App. 1989c and 1989c-1-1989c-8). The exclusion as a
						  resource only continues as long as the retained funds are kept identifiable. If
						  real or personal property is purchased, the new resource is not excluded unless
						  otherwise exempt. Interest received on retained restitution payments is also
						  not excluded but is subject to the usual regulations governing interest in
						  Chapter 181 (relating to income provisions for categorically needy NMP-MA and
						  MNO-MA).
This section cited in 55 Pa. Code §
														178.91 (relating to deeming of
							 resources).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart D - Determination of Need and Amount of Assistance › Chapter 178 - RESOURCE PROVISIONS FOR CATEGORICALLY NMP-MA AND MNO-MA › Subchapter B - AGED, BLIND AND DISABLED CATEGORIES OF MA › RESOURCE EXCLUSIONS FOR THE AGED, BLIND AND DISABLED CATEGORIES OF MA › Section 178.83 - Agent orange settlement payments

Current through Register Vol. 54, No. 28, July 13, 2024
Payments made from the Agent Orange Settlement Fund or
						  another fund established pursuant to the settlement in the agent orange product
						  liability litigation are excluded.
This section cited in 55 Pa. Code §
														178.91 (relating to deeming of
							 resources).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart D - Determination of Need and Amount of Assistance › Chapter 178 - RESOURCE PROVISIONS FOR CATEGORICALLY NMP-MA AND MNO-MA › Subchapter B - AGED, BLIND AND DISABLED CATEGORIES OF MA › RESOURCE EXCLUSIONS FOR THE AGED, BLIND AND DISABLED CATEGORIES OF MA › Section 178.84 - Resources of children under 21 years of age and families with children under 21 years of age

Current through Register Vol. 54, No. 28, July 13, 2024
The resources of the SSI-related child under 21 years
						  of age and SSI-related applicant/recipient immediate families with children
						  under 21 years of age are excluded. If the child who is under 21 years of age
						  is living with a caretaker who is not immediate family as defined in §
												178.2 (relating to definitions)
						  and who exercises care and control of the child, the resources of the caretaker
						  are excluded.
The provisions of this §
														178.84 issued under sections
							 201(2) and 403(b) of the Public Welfare Code (62 P. S. §§
															201(2) and
							 403(b)).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart D - Determination of Need and Amount of Assistance › Chapter 178 - RESOURCE PROVISIONS FOR CATEGORICALLY NMP-MA AND MNO-MA › Subchapter B - AGED, BLIND AND DISABLED CATEGORIES OF MA › DISPOSITION OF PROPERTY AND FAIR CONSIDERATION PROVISIONS FOR THE AGED, BLIND AND DISABLED CATEGORIES OF MA › Section 178.101 - Disposition of property and fair consideration provisions for transfers during the period of January 4, 1991, through July 29, 1994

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If property was disposed of during the
						period of January 4, 1991, through July 29, 1994, §§
												178.102 and
						178.103 (relating to presumption
						of disposition of property to qualify for MA for transfers during the period of
						January 4, 1991, through July 29, 1994; and reestablishment of MA eligibility
						after transfers made during the period of January 4, 1991, through July 29,
						1994) and this section apply to an applicant/recipient who is applying for or
						receiving NFC as defined in §
												178.2 (relating to definitions),
						including services in an ICF/MR facility, if the property was transferred for
						less than FMV.
(b) An
						institutionalized applicant/recipient who transferred property for less than
						FMV is ineligible only for NFC for a period not to exceed 30 months from the
						date of the transfer. The person continues to be eligible for other MA
						services.
(c) A transfer of
						property by the community spouse to a person other than the institutionalized
						spouse is treated, and affects the eligibility of the institutionalized spouse,
						the same as transfers by the institutionalized spouse.
(d) The CAO shall evaluate a transfer
						completed during or after the 30-month period immediately before the date:
(1) The person is institutionalized, if the
						person was MA eligible on that date.
(2) The person applies for MA while
						institutionalized.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart D - Determination of Need and Amount of Assistance › Chapter 178 - RESOURCE PROVISIONS FOR CATEGORICALLY NMP-MA AND MNO-MA › Subchapter B - AGED, BLIND AND DISABLED CATEGORIES OF MA › DISPOSITION OF PROPERTY AND FAIR CONSIDERATION PROVISIONS FOR THE AGED, BLIND AND DISABLED CATEGORIES OF MA › Section 178.102 - Presumption of disposition of property to qualify for MA for transfers during the period of January 4, 1991, through July 29, 1994

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If the presumption of disposition to
						qualify for MA is made by the Department, the applicant/recipient is notified
						of the finding, in writing, and is advised of his right to rebut this
						presumption within 15 days from the date the written notice is
						mailed.
(b) If the
						applicant/recipient does not respond to the written notification within 15 days
						from the date the written notice is mailed, the application/reapplication for
						MA is completed using the UV as a resource over the 30-month period from the
						date of the property transfer, and the total resources are determined on that
						basis.
(c) If the
						applicant/recipient responds to the written notification within the 15 days
						from the date the written notice was mailed that he wishes to rebut the
						presumption, the CAO shall explain to the applicant/recipient that it is his
						responsibility to present within 10 calendar days the required verification and
						convincing evidence that the resource was transferred solely for some purpose
						other than to qualify for MA. Convincing evidence includes documentary and
						nondocumentary evidence which provides proof of the circumstances surrounding
						the transfer, including the following:
(1) The
						purpose for transferring the resource.
(2) The attempts to dispose of the resources
						at its FMV.
(3) The reasons for
						accepting less than FMV for the resource.
(4) The means of, or plans for, self-support
						after the transfer.
(5) The
						applicant's/recipient's relationship to the person to whom the resource was
						transferred.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart D - Determination of Need and Amount of Assistance › Chapter 178 - RESOURCE PROVISIONS FOR CATEGORICALLY NMP-MA AND MNO-MA › Subchapter B - AGED, BLIND AND DISABLED CATEGORIES OF MA › DISPOSITION OF PROPERTY AND FAIR CONSIDERATION PROVISIONS FOR THE AGED, BLIND AND DISABLED CATEGORIES OF MA › Section 178.103 - Reestablishment of MA eligibility after transfers made during the period of January 4, 1991, through July 29, 1994

Current through Register Vol. 54, No. 28, July 13, 2024
An applicant/recipient who is not eligible for MA under
						  §§
												178.101 and
						  178.102 (relating to disposition
						  of property and fair consideration provisions for transfers during the period
						  of January 4, 1994, through July 29, 1994; and presumption of disposition of
						  property to qualify for MA for transfers during the period of January 4, 1991,
						  through July 29, 1994) remains ineligible until one of the following occurs and
						  the changes are reviewed based on the resource requirements in this
						  chapter:
(1) The presumption of intent
						to qualify for MA is successfully rebutted at a prehearing conference, at a
						hearing or through a court order.
(2) The property is reconveyed to the
						applicant/recipient.
(3) The UV of
						the property is subsequently given to the applicant/recipient.
(4) Thirty months or a shorter period as
						established under §
												178.101(h) has
						elapsed between the time of the transfer and the reapplication for MA. The
						period of ineligibility may be less than 30 months if:
(i) The applicant/recipient transferred a
						home for less than FMV during or after the 30-month period immediately before
						applying for MA.
(ii) The UV of the
						house was less than the average amount payable under the MA Program for 30
						months of NFC. The period during which the UV shall be considered is the number
						of months arrived at by dividing the UV by the average monthly payment rate for
						NFC.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart D - Determination of Need and Amount of Assistance › Chapter 178 - RESOURCE PROVISIONS FOR CATEGORICALLY NMP-MA AND MNO-MA › Subchapter B - AGED, BLIND AND DISABLED CATEGORIES OF MA › DISPOSITION OF PROPERTY AND FAIR CONSIDERATION PROVISIONS FOR THE AGED, BLIND AND DISABLED CATEGORIES OF MA › Section 178.104b - Clarification of fair consideration provisions for disposition of assets made on or after February 8, 2006-statement of policy

Current through Register Vol. 54, No. 28, July 13, 2024
(a) For the purposes of this statement of
						policy, an undue hardship exists when application of the transfer of assets
						penalty provision would deprive the individual of one of the following:
(1) Medical care so that the individual's
						health or life would be endangered.
(2) Food, clothing, shelter or other
						necessities of life.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart D - Determination of Need and Amount of Assistance › Chapter 178 - RESOURCE PROVISIONS FOR CATEGORICALLY NMP-MA AND MNO-MA › Subchapter B - AGED, BLIND AND DISABLED CATEGORIES OF MA › DISPOSITION OF PROPERTY AND FAIR CONSIDERATION PROVISIONS FOR THE AGED, BLIND AND DISABLED CATEGORIES OF MA › Section 178.105 - Presumption of disposition of assets to qualify for MA for transfers on or after July 30, 1994

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If a
						presumption of disposition of assets to qualify for MA is made by the
						Department, the individual will be notified in writing by the CAO of the
						finding and of the right to rebut this presumption within 15 days from the date
						the notice is mailed.
(b) If the
						individual does not respond to the notice within 15 days from the date it is
						mailed, the CAO will complete the application/reapplication for MA using the UV
						as an asset available to the individual over the applicable look-back period
						from the date of the transfer of the asset and the total assets will be
						determined on that basis.
(c) If
						the individual responds to the written notice within 15 days from the date it
						was mailed that he wishes to rebut the presumption, the CAO shall explain to
						the individual that it is his responsibility to present within 10 calendar days
						the required verification and convincing evidence that the assets were
						transferred solely for some purpose other than to qualify for MA. Convincing
						evidence includes documentary and nondocumentary evidence which provides proof
						of the circumstances surrounding the transfer, including the following:
(1) The purpose for transferring the
						asset.
(2) The attempts to dispose
						of the asset at its FMV.
(3) The
						reasons for accepting less than FMV of the asset.
(4) The means of, or plans for, self-support
						after the transfer.
(5) The
						individual's relationship to the person to whom the asset was
						transferred.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart D - Determination of Need and Amount of Assistance › Chapter 178 - RESOURCE PROVISIONS FOR CATEGORICALLY NMP-MA AND MNO-MA › Subchapter B - AGED, BLIND AND DISABLED CATEGORIES OF MA › DISPOSITION OF PROPERTY AND FAIR CONSIDERATION PROVISIONS FOR THE AGED, BLIND AND DISABLED CATEGORIES OF MA › Section 178.106 - Reestablishment of MA eligibility after transfers made on or after July 30, 1994

Current through Register Vol. 54, No. 28, July 13, 2024
An individual who is not eligible for MA under
						  §§
												178.104 and
						  178.105 (relating to disposition
						  of assets and fair consideration provisions for transfers on or after July 30,
						  1994; and presumption of disposition of assets to qualify for MA for transfers
						  on or after July 30, 1994) remains ineligible until one of the following
						  occurs:
(1) The presumption of intent
						to qualify for MA is successfully rebutted at a prehearing conference, at a
						hearing or through a court order.
(2) The property is reconveyed to the
						individual.
(3) The UV of the
						property is subsequently given to the individual.
(4) The period of ineligibility has elapsed
						between the time of the transfer and the reapplication for MA. The period of
						ineligibility is as determined in §
												178.104(d) unless
						the transfer meets the conditions of §
												178.104(e).
The provisions of this §
														178.106 issued under sections
							 201(2) and 403(b) of the Public Welfare Code (62 P. S. §§
															201(2) and
							 403(b)).
This section cited in 55 Pa. Code §
														178.104 (relating to disposition
							 of assets and fair consideration provisions for transfers on or after July 30,
							 1994).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart D - Determination of Need and Amount of Assistance › Chapter 178 - RESOURCE PROVISIONS FOR CATEGORICALLY NMP-MA AND MNO-MA › Subchapter B - AGED, BLIND AND DISABLED CATEGORIES OF MA › RESOURCE ELIGIBILITY REQUIREMENTS FOR AN INSTITUTIONALIZED SPOUSE WITH A COMMUNITY SPOUSE › Section 178.121 - General

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This section
						and §§
												178.122-178.126 apply when an
						institutionalized spouse has a community spouse.
(b) Except as modified by this section and
						§§
												178.122-178.126, the requirements in
						Subchapter A (relating to general provisions for MA resources common to all
						categories of MA) and §§
												178.51,
						178.61-178.81,
						178.91 and
						178.101-178.103 apply to married couples
						with one member in an institution.
(c) These requirements apply to persons
						institutionalized for a continuous period of institutionalization beginning on
						or after September 30, 1989. The requirements do not apply if the continuous
						period of institutionalization began on or before September 29, 1989, and the
						person is still institutionalized on and after September 30, 1989.
(d) A continuous period of
						institutionalization is a period of NFC including services in an ICF/MR
						facility that is uninterrupted and likely to last at least 30 days. Continuity
						is broken by absences from the institution of 30 or more consecutive
						days.
(e) If the person is
						discharged for at least 30 consecutive days and is readmitted to an
						institution, the requirements in subsection (a) apply beginning with the date
						of the new admission.
(f) The
						requirements for an institutionalized spouse as defined in §
												178.2 (relating to definitions)
						with a community spouse as defined in §
												178.2 no longer apply beginning
						the first full calendar month following changes in circumstances which end the
						community spouse/institutionalized spouse relationship.
(g) A spousal share of resources is
						determined by the Department upon a request from either member of the couple or
						a person acting on behalf of either spouse. The spousal share is one half of
						the total countable verified resources owned by the couple when one of them is
						admitted to an institution for NFC including services in an ICF/MR facility and
						is set within minimum and maximum limits as specified by section 303(a) of the
						MCCA (42 U.S.C.A. §
													1396r-5). This determination is called a
						resource assessment.
(h) Resources
						of the community spouse are not deemed available to the institutionalized
						spouse beginning the month following the month of the initial eligility
						determination as specified in §
												178.91(c)
						(relating to deeming of resources).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart D - Determination of Need and Amount of Assistance › Chapter 178 - RESOURCE PROVISIONS FOR CATEGORICALLY NMP-MA AND MNO-MA › Subchapter B - AGED, BLIND AND DISABLED CATEGORIES OF MA › RESOURCE ELIGIBILITY REQUIREMENTS FOR AN INSTITUTIONALIZED SPOUSE WITH A COMMUNITY SPOUSE › Section 178.122 - Determining the spousal share of resources if the institutionalized spouse is not applying for MA

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The central
						assessment unit computes the spousal share of resources if the
						institutionalized spouse is not applying for MA at the same time a resource
						assessment is requested.
(b) The
						request for an assessment of the couple's resources may be made by the
						institutionalized spouse, the community spouse or a person acting on behalf of
						either spouse, by submitting a properly completed resource assessment form to
						the central assessment unit.
(c)
						The central assessment unit determines the spousal share of the resources and
						provides written notification within 45 calendar days of the request to the
						institutionalized spouse, the community spouse, and when applicable, the person
						acting on behalf of either spouse. The notification provides the amount of the
						total countable verified net resources, the amount of the spousal share and the
						right to a fair hearing if either spouse disagrees with the Department's
						findings when an application is made for MA.
(d) Resources that are excluded in
						determining the total countable resources of the couple are specified in
						§§
												178.61-178.81 (relating to resource
						exclusions for the aged, blind and disabled categories of MA).
(e) It is not necessary to determine the
						legal share of resources owned by each spouse when determining the spousal
						share of resources as long as the information establishes the combined total.
						It will be necessary to determine the individual legal share if the
						institutionalized spouse applies for MA.
(f) The spousal share determination is based
						solely on the information and documentation presented with the resource
						assessment form.
(g) The resource
						assessment form, the supporting documentation and a copy of the decision letter
						are retained by the central assessment unit.
(h) If the institutionalized spouse applies
						for MA, the community spouse may retain resources up to an amount equal to the
						spousal share without affecting the resource eligibility of the
						institutionalized spouse.
This section cited in 55 Pa. Code §
														178.121 (relating to general); and
							 55 Pa. Code §
														178.124 (relating to resource
							 eligibility for the institutionalized
							 spouse).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart D - Determination of Need and Amount of Assistance › Chapter 178 - RESOURCE PROVISIONS FOR CATEGORICALLY NMP-MA AND MNO-MA › Subchapter B - AGED, BLIND AND DISABLED CATEGORIES OF MA › RESOURCE ELIGIBILITY REQUIREMENTS FOR AN INSTITUTIONALIZED SPOUSE WITH A COMMUNITY SPOUSE › Section 178.123 - Determining the spousal share of resources at the same time the institutionalized spouse applies for MA

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						The CAO is responsible for determining the spousal share of resources if one of
						the following exists:
(1) The spousal share of
						resources was not determined by the central assessment unit before the MA
						application.
(2) The total
						countable verified resources owned by the couple at the time of the MA
						application is more than the standard community spouse resource standard plus
						the resource limit in Appendix A for the appropriate MA Program.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart D - Determination of Need and Amount of Assistance › Chapter 178 - RESOURCE PROVISIONS FOR CATEGORICALLY NMP-MA AND MNO-MA › Subchapter B - AGED, BLIND AND DISABLED CATEGORIES OF MA › RESOURCE ELIGIBILITY REQUIREMENTS FOR AN INSTITUTIONALIZED SPOUSE WITH A COMMUNITY SPOUSE › Section 178.124a - Clarification of the "Income-First" rule-statement of policy

Current through Register Vol. 54, No. 28, July 13, 2024
(a) For the purposes of this statement of
						policy, the Department will define the Community Spouse Monthly Maintenance
						Needs Allowance (CSMMNA) as defined in section 1924(d) of the Social Security
						Act (42 U.S.C.A. §
													1396 r-5(d)), regarding the treatment of
						income and resources for certain institutionalized spouses.
(b) Consistent with section 1924(d)(6) of the
						Social Security Act, effective for an application made on or after March 3,
						2007, the institutionalized spouse's (IS) available income shall be used to
						fund the CSMMNA. If the community spouse (CS) still needs additional income to
						fully fund the CSMMNA, resources may be allocated to the CS to provide the
						difference between the CSMMNA and the gross monthly income available to the
						CS.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart D - Determination of Need and Amount of Assistance › Chapter 178 - RESOURCE PROVISIONS FOR CATEGORICALLY NMP-MA AND MNO-MA › Subchapter B - AGED, BLIND AND DISABLED CATEGORIES OF MA › RESOURCE ELIGIBILITY REQUIREMENTS FOR AN INSTITUTIONALIZED SPOUSE WITH A COMMUNITY SPOUSE › Section 178.126 - Resources received by the institutionalized spouse after MA eligibility is determined

Current through Register Vol. 54, No. 28, July 13, 2024
The institutionalized spouse shall promptly report the
						  receipt of a resource following the initial determination of MA eligibility.
						  The resource does not affect MA eligibility if:
(1) The new resource is retained by the
						institutionalized spouse and, when combined with the other resources of the
						institutionalized spouse, does not exceed the MA resource limit in Appendix A
						for the appropriate MA program.
(2)
						The new resource is tranferred to the community spouse within 90 calendar days
						from its receipt and the resources of the community spouse remain below the
						maximum amount that can be protected for the community spouse as a result of
						the transfer.
This section cited in 55 Pa. Code §
														178.121 (relating to
							 general).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart D - Determination of Need and Amount of Assistance › Chapter 178 - RESOURCE PROVISIONS FOR CATEGORICALLY NMP-MA AND MNO-MA › Subchapter C - TANF-RELATED AND GA-RELATED CATEGORIESOF MA › ADDITIONAL RESOURCE REQUIREMENTS FOR TANF-RELATED AND GA-RELATED CATEGORIES OF MA › Section 178.151 - Additional resource requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) As a condition of MA eligibility for
						dependents living with him, a spouse and the natural or adoptive parent of an
						unemancipated minor child shall identify nonexcluded resources, which shall be
						considered, used and liquidated as though the spouse or parent were receiving
						MA. The spouse or parent cannot be relieved of this obligation by being a
						nonapplicant/nonrecipient. Only the resources actually contributed to a child
						who is 18 years of age or older and under 21 years of age by his parents are
						counted in determining the MA eligibility of a child in a MNO-MA
						category.
(b) The cash value of
						life insurance is considered a resource to the applicant/recipient group only
						if the applicant/recipient or an LRR living in the home is the owner of the
						policy or has the authority to cash in the policy.
(c) If an applicant or recipient or LRR owns
						nonexcluded real property, he shall have a 9-month period in which to make a
						bona fide effort to sell the property and additional 9-month periods as long as
						the applicant or recipient or LRR can demonstrate good cause for not selling
						the property.
(d) That portion of a
						gift that exceeds $50 per individual in a calendar quarter as determined under
						§
												181.263(8)
						(relating to other types of income not counted for the TANF and GA categories)
						is a countable resource.
(e) If a
						pregnancy is medically verified, the unborn child is counted as a member of the
						applicant/recipient group when establishing the resource limit. If multiple
						births are expected and verified, each unborn child is counted.
The provisions of this §
														178.151 amended under sections
							 201(2) and 403(b) of the Public Welfare Code (62 P.S. §§
															201(2) and
							 403(b)); Titles I and III of
							 the Personal Responsibility and Work Opportunity Reconciliation Act of 1996
							 (Pub.L. No.
							 104-193) (PRWORA), creating the Temporary
							 Assistance for Needy Families (TANF) Program, and amending
							 42 U.S.C.A. §§
															601-619,
							 651-669(b) and
							 1396u-1;
							 1902(a)(10)(A) and
							 (C) of the Social Security Act (42 U.S.C.A. §
															1396a(a)(10)(A) and (C));
							 and the Federal TANF regulations in
							 45 CFR
							 260.10-265.10.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart D - Determination of Need and Amount of Assistance › Chapter 178 - RESOURCE PROVISIONS FOR CATEGORICALLY NMP-MA AND MNO-MA › Subchapter C - TANF-RELATED AND GA-RELATED CATEGORIESOF MA › RESOURCE EXCLUSIONS FOR THE TANF-RELATED AND GA-RELATED CATEGORIES OF MA › Section 178.161 - Personal property exclusions

Current through Register Vol. 54, No. 28, July 13, 2024
The following personal property is excluded:
(1)
Basic items essential to
						day-to-day living.
Basic items essential to day to day living such as:
(i) Household furnishings.
(ii) Major appliances.
(iii) Items used to provide, equip and
						maintain a household for the applicant/recipient.
(iv) Personal effects of limited value
						including clothing, children's toys, wedding and engagement rings.
(v) Farm animals for domestic use.
(vi) Pets and family heirlooms.
(vii) Farm equipment or farm animals needed
						for employment.
(viii) Equipment
						needed for employment, rehabilitation or to implement a self-care
						plan.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart D - Determination of Need and Amount of Assistance › Chapter 178 - RESOURCE PROVISIONS FOR CATEGORICALLY NMP-MA AND MNO-MA › Subchapter C - TANF-RELATED AND GA-RELATED CATEGORIESOF MA › RESOURCE EXCLUSIONS FOR THE TANF-RELATED AND GA-RELATED CATEGORIES OF MA › Section 178.162 - Real property exclusions

Current through Register Vol. 54, No. 28, July 13, 2024
The following real property is excluded:
(1) Resident property owned by an
						applicant/recipient.
(2) Real
						property owned by a SSI or SBP recipient.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart D - Determination of Need and Amount of Assistance › Chapter 178 - RESOURCE PROVISIONS FOR CATEGORICALLY NMP-MA AND MNO-MA › Subchapter C - TANF-RELATED AND GA-RELATED CATEGORIESOF MA › RESOURCE EXCLUSIONS FOR THE TANF-RELATED AND GA-RELATED CATEGORIES OF MA › Section 178.163 - Resources of children under 21 years of age and families with children under 21 years of age

Current through Register Vol. 54, No. 28, July 13, 2024
The resources of the TANF-related and GA-related child
						  under 21 years of age and TANF-related and GA-related immediate families with
						  children under 21 years of age are excluded. If the child who is under 21 years
						  of age is living with a caretaker who is not immediate family as defined in
						  §
												178.2 (relating to definitions)
						  and who exercises care and control of the child, the resources of the caretaker
						  are excluded.
The provisions of this §
														178.163 issued under sections
							 201(2) and 403(b) of the Public Welfare Code (62 P.S. §§
															201(2) and
							 403(b)).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart D - Determination of Need and Amount of Assistance › Chapter 178 - RESOURCE PROVISIONS FOR CATEGORICALLY NMP-MA AND MNO-MA › Subchapter C - TANF-RELATED AND GA-RELATED CATEGORIESOF MA › ADDITIONAL RESOURCE EXCLUSIONS FOR GA CATEGORIES OF MA › Section 178.165 - Educational savings accounts

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						For GA categories of MA, an educational savings account established by an
						individual at a bank or other financial institution to pay for education
						expenses, including tuition, books and incidental expenses related to
						attendance at a vocational school, community college, college or university is
						not counted in determining eligibility.
(1)
						The account shall be clearly identified as having been established for or
						restricted to payment of educational expenses.
(2) The savings account, its ownership, the
						account balance and the fact that the account is restricted for payment of
						educational expenses shall be verified by written documentation. Documentation
						may include, but is not limited to, a copy of the passbook or a copy of a
						current account statement from the bank or other financial
						institution.
(3) Moneys deposited
						in an account plus interest earned on the account shall be exempt in
						determining eligibility for GA as long as the funds remain on
						deposit.
(4) Moneys withdrawn to
						pay for educational expenses are exempt. Documentation shall be provided that
						verifies the expenses were incurred and related to attending school.
(5) Moneys withdrawn from an educational
						savings account that are used for a purpose unrelated to education shall be
						added to the budget group's resource amount and used to determine eligibility
						beginning with the date of withdrawal.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart D - Determination of Need and Amount of Assistance › Chapter 178 - RESOURCE PROVISIONS FOR CATEGORICALLY NMP-MA AND MNO-MA › Subchapter C - TANF-RELATED AND GA-RELATED CATEGORIESOF MA › DISPOSITION OF PROPERTY AND FAIR CONSIDERATION PROVISIONS FOR THE TANF AND GA CATEGORIES OF MA › Section 178.171 - Disposition of property and fair consideration provisions for transfers during the period of January 4, 1991, through July 29, 1994

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If property was disposed of during the
						period of January 4, 1991, through July 29, 1994, §§
												178.172 and
						178.173 (relating to presumption
						of disposition of property to qualify for MA for transfers during the period of
						January 4, 1991, through July 29, 1994; and reestablishment of MA eligibility
						after transfers made during the period of January 4, 1991, through July 29,
						1994) and this section apply to an applicant/recipient who is applying for or
						receiving NFC as defined in §
												178.2 (relating to definitions),
						including services in an ICF/MR facility, if the property was transferred for
						less than FMV.
(b) An
						institutionalized applicant/recipient who transferred property for less than
						FMV is ineligible only for NFC for a period not to exceed 30 months from the
						date of transfer. The person continues to be eligible for other MA
						services.
(c) A transfer of
						property by the community spouse to a person other than the institutionalized
						spouse is treated, and affects the eligibility of the institutionalized spouse,
						the same as transfers by the institutionalized spouse.
(d) The CAO shall evaluate a transfer
						completed during or after the 30-month period immediately before the date:
(1) The person is institutionalized, if the
						person was MA eligible on that date.
(2) The person applies for MA while
						institutionalized.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart D - Determination of Need and Amount of Assistance › Chapter 178 - RESOURCE PROVISIONS FOR CATEGORICALLY NMP-MA AND MNO-MA › Subchapter C - TANF-RELATED AND GA-RELATED CATEGORIESOF MA › DISPOSITION OF PROPERTY AND FAIR CONSIDERATION PROVISIONS FOR THE TANF AND GA CATEGORIES OF MA › Section 178.172 - Presumption of disposition of property to qualify for MA for transfers during the period of January 4, 1991, through July 29, 1994

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If the presumption of disposition to
						qualify for MA is made by the Department, the applicant/recipient is notified
						of the finding, in writing, and is advised of the right to rebut this
						presumption within 15 days from the date the written notice is
						mailed.
(b) If the
						applicant/recipient does not respond to the written notification within 15 days
						from the date the written notice is mailed, the application/reapplication for
						MA is completed using the UV as a resource over the 30-month period from the
						date of the property transfer, and the total resources are determined on that
						basis.
(c) If the
						applicant/recipient responds to the written notification within the 15 days
						from the date the written notice was mailed that he wishes to rebut the
						presumption, the CAO shall explain to the applicant/recipient that it is his
						responsibility to present within 10 calendar days the required verification and
						convincing evidence that the resource was transferred solely for some purpose
						other than to qualify for MA. Convincing evidence includes documentary and
						nondocumentary evidence which provides proof of the circumstances surrounding
						the transfer, including the following:
(1) The
						purpose for transferring the resource.
(2) The attempts to dispose of the resource
						at its FMV.
(3) The reasons for
						accepting less than FMV for the resource.
(4) The means of, or plans for, self-support
						after the transfer.
(5) The
						applicant's/recipient's relationship to the person to whom the resource was
						transferred.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart D - Determination of Need and Amount of Assistance › Chapter 178 - RESOURCE PROVISIONS FOR CATEGORICALLY NMP-MA AND MNO-MA › Subchapter C - TANF-RELATED AND GA-RELATED CATEGORIESOF MA › DISPOSITION OF PROPERTY AND FAIR CONSIDERATION PROVISIONS FOR THE TANF AND GA CATEGORIES OF MA › Section 178.173 - Reestablishment of MA eligibility after transfer made during the period of January 4, 1991, through July 29, 1994

Current through Register Vol. 54, No. 28, July 13, 2024
An applicant/recipient who is not eligible for MA under
						  §§
												178.171 and
						  178.172 (relating to disposition
						  of property and fair consideration provisions for transfers during the period
						  of January 4, 1991, through July 29, 1994; and presumption of disposition of
						  property to qualify for MA for transfers during the period of January 4, 1991,
						  through July 29, 1994) remains ineligible until one of the following occurs and
						  the changes are reviewed based on the resource requirements in this
						  chapter:
(1) The presumption of intent
						to qualify for MA is successfully rebutted at a prehearing conference, at a
						hearing or through a court order.
(2) The property is reconveyed to the
						applicant/recipient.
(3) The UV of
						the property is subsequently given to the applicant/recipient.
(4) Thirty months or a shorter period as
						established under §
												178.171(h) has
						elapsed between the time of the transfer and the reapplication for MA. The
						period of ineligibility may be less than 30 months if:
(i) The property transferred for less than
						fair consideration was the home of the applicant/recipient.
(ii) The UV of the home was less than the
						average amount payable under the MA Program for 30 months of NFC. The period
						during which the UV shall be considered is the number of months arrived at by
						dividing the UV by the average monthly payment rate for
						NFC.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart D - Determination of Need and Amount of Assistance › Chapter 178 - RESOURCE PROVISIONS FOR CATEGORICALLY NMP-MA AND MNO-MA › Subchapter C - TANF-RELATED AND GA-RELATED CATEGORIESOF MA › DISPOSITION OF PROPERTY AND FAIR CONSIDERATION PROVISIONS FOR THE TANF AND GA CATEGORIES OF MA › Section 178.174b - Clarification of fair consideration provisions for disposition of assets made on or after February 8, 2006-statement of policy

Current through Register Vol. 54, No. 28, July 13, 2024
(a) For the purposes of this statement of
						policy, an undue hardship exists when application of the transfer of assets
						penalty provision would deprive the individual of one of the following:
(1) Medical care so that the individual's
						health or life would be endangered.
(2) Food, clothing, shelter or other
						necessities of life.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart D - Determination of Need and Amount of Assistance › Chapter 178 - RESOURCE PROVISIONS FOR CATEGORICALLY NMP-MA AND MNO-MA › Subchapter C - TANF-RELATED AND GA-RELATED CATEGORIESOF MA › DISPOSITION OF PROPERTY AND FAIR CONSIDERATION PROVISIONS FOR THE TANF AND GA CATEGORIES OF MA › Section 178.175 - Presumption of disposition of assets to qualify for MA for transfers on or after July 30, 1994

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If the
						presumption of disposition of assets to qualify for MA is made, the individual
						is notified of the finding, in writing, and is advised of his right to rebut
						this presumption within 15 days from the date the written notice is
						mailed.
(b) If the individual does
						not respond to the written notification within 15 days from the date the
						written notice is mailed, the application/reapplication for MA is completed
						using the UV established in §
												178.174(c)
						(relating to disposition of assets and fair consideration provisions for
						transfer) and as an asset over the look-back period beginning the first date on
						which the individual is both institutionalized and applies for MA.
(c) If the individual responds to the written
						notification within 15 days from the date the notice is mailed that he wishes
						to rebut the presumption, the CAO shall explain to the individual that it is
						his responsibility to present within 10 calendar days the required verification
						and convincing evidence that the assets were transferred solely for some
						purpose other than to qualify for MA. Convincing evidence includes documentary
						and nondocumentary evidence which provides proof of the circumstances
						surrounding the transfer, including the following:
(1) The purpose for transferring the
						asset.
(2) The attempts to dispose
						of the asset at its FMV.
(3) The
						reasons for accepting less than the FMV of the asset.
(4) The means of, or plans for, self-support
						after the transfer.
(5) The
						individual's relationship to the person to whom the asset was
						transferred.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart D - Determination of Need and Amount of Assistance › Chapter 178 - RESOURCE PROVISIONS FOR CATEGORICALLY NMP-MA AND MNO-MA › Subchapter C - TANF-RELATED AND GA-RELATED CATEGORIESOF MA › DISPOSITION OF PROPERTY AND FAIR CONSIDERATION PROVISIONS FOR THE TANF AND GA CATEGORIES OF MA › Section 178.176 - Reestablishment of MA eligibility after transfers made on or after July 30, 1994

Current through Register Vol. 54, No. 28, July 13, 2024
An individual who is not eligible for MA under
						  §§
												178.174 and
						  178.175 (relating to disposition
						  of assets and fair consideration provisions for transfers on or after July 30,
						  1994; and presumption of disposition of assets to qualify for MA for transfers
						  on or after July 30, 1994) remains ineligible until one of the following
						  occurs:
(1) The presumption of intent
						to qualify for MA is successfully rebutted at a prehearing conference, at a
						hearing or through a court order.
(2) The property is reconveyed to the
						individual.
(3) The UV of the
						property is subsequently given to the individual.
(4) The period of ineligibility has elapsed
						between the time of the transfer and the reapplication for MA. The period of
						ineligibility is as determined in §
												178.174(d) unless
						the transfer meets the conditions of §
												178.174(e).
The provisions of this §
														178.176 issued under sections
							 201(2) and 403(b) of the Public Welfare Code (62 P. S. §§
															201(2) and
							 403(b)).
This section cited in 55 Pa. Code §
														178.174 (relating to disposition
							 of assets and fair consideration provisions for transfers on or after July 30,
							 1994).