Rhode Island Code of Regulations › Title 180 - Rhode Island Office of Veterans Services › Chapter 10 - Rhode Island Veterans' Home › Subchapter 00 - N/A › Part 2 - Rhode Island Veterans Home: Administrative Procedures for the Billing and Collection of Maintenance Fees (180-RICR-10-00-2) › Section 180-RICR-10-00-2.5 - Deductions from Gross Income

Current through June 14, 2024
A. Prior to the determination and collection of any maintenance fee, the following deductions shall be allowed:
1. Federal and State taxes.
2. An amount equal to $150 per month for personal needs.
3. Patient Employee pay and therapeutic earnings.
4. Fifty percent (50%) of any sum received due to wounds incurred under battle conditions for which the resident received the Purple Heart.
5. Guardianship Fees.
6. Support allowance.
7. Medicare Part B.
2.5.1
Federal and State Taxes
A. It shall be the responsibility of the resident to provide evidence of amounts paid for federal and state taxes by submitting to the Home's Business Office a true copy of the federal and state tax forms or submission of a canceled check or money order made payable to the federal and/or state governments for such taxes.
B. Such amounts paid for federal and state taxes shall be deducted from gross income for the month in which the verification is submitted to the Home's Business Office prior to determining the maintenance fee. Any tax payments in excess of gross income in a particular month shall be carried forward and deducted from the following month(s) gross income.
2.5.2
One Hundred Fifty Dollar Deduction
An amount equal to one hundred fifty dollars ($150) per month shall be deducted from the resident's gross income prior to determining the maintenance fee and any patient employee pay.
2.5.3
Special Therapeutic Personal Needs Deduction
A. Therapeutic employment in the public and private sector or sheltered workshops shall be subject to the maintenance fee as specified below.
1. Such employment must be part of a written plan with the resident.
2. In addition to the basic personal needs (Section 106) of $150 allowed by state law an additional $85 plus one-half (1/2) the remainder of earned income per month may be protected for personal needs. The maximum combined personal needs deduction cannot exceed $330 per month. Example: $150 + $85 + ($129 maximum) = $330)
2.5.4
Purple Heart Deduction
A. An amount equal to fifty percent (50%) of any sum received due to wounds incurred under battle conditions for which the resident received the Purple Heart shall be deducted from gross income prior to determining the maintenance fee.
B. It is the responsibility of the resident to provide evidence such as the Purple Heart order or any service records which states that the Purple Heart was awarded to the resident. The Business Office will assist the resident in the verification of the Purple Heart Award.
2.5.5
Guardianship Income/Fees
A. For purpose of these regulations "Guardianship Fees" shall mean: guardian fees, attorney fees, probate filing fees, and related expenses such as guardians, bonds.
B. As state law requires the guardian to file an accounting each year with the appropriate court, it shall be the guardian's responsibility to submit a copy of said annual accounting to the Rhode Island Veterans Home in the same month as approved by the court.
C. From the accounting the guardianship fees as stated above shall be used to determine the amount to be subtracted each month from the resident's gross income.
2.5.6
Support Deduction
A. For purpose of determining the maintenance fee, there shall be a deduction from the gross income the amount paid by a resident for the support and maintenance of his or her spouse, parent(s) or minor child(ren). For purposes of this regulation, determinations for a common law spouse will be based on Rhode Island law and  38 U.S.C. §
													103(c). This amount is subject to a maximum to be computed based on the supported person's income as related to the cost of living scale below.
B. For purpose of determining the maintenance fee, there shall be a deduction from gross income the amount paid by a resident for the support and maintenance of his or her adult child who is permanently and totally disabled as defined in Title XVI of the Federal Social Security Act, subject to a maximum amount to be computed based on the supported person's income as related to the adopted cost of living scale.
C. Verification of Support
1. The resident must provide support prior to admission.
2. The resident and/or person to be supported must provide evidence as to manner/method, amount and beginning of support.
D. Amount of Support
1. When the supported person's income is below the cost of living scale for the family size, the resident will be allowed a deduction in an amount that will, when added to the supported person's income, provide the supported person total income equal to the cost of living scale for the family size.
2. Any support allowance authorized for a minor shall be provided to that responsible person having custody of the minor.
3. A support allowance may not be authorized for any person who is confined to a private or public institution when payment for their care is from a public agency.
E. When supported person(s) income is in excess of the cost of living scale, no deduction will be granted for that person.
F. It shall be the responsibility of the resident to provide evidence of amounts paid for the support and maintenance of any person and to submit a supported person's statement of income (Bus. 18 for each person).
G. Each resident shall file a revised supported persons Statement of Income (Bus. 18) -no later than March 31st each year. In addition, the resident shall file a revised supported persons Statement of Income (Bus. 18) for each person whose source or amount of income changes.
H. Any change in support status shall be reported immediately by the resident.
I. Failure to report correct financial data of the supported person resulting in the determination/granting of an erroneous support allowance shall be cause for the discontinuance of the resident's support allowance. Any indebtedness owed the State of Rhode Island shall be paid in full or by other appropriate arrangements before a support allowance is authorized again.
2.5.7
Cost of Living Scale
INCOME*
MONTHLY
INCOME
ANNUALLY
1.
$1,980
$23,760
2.
$2,670
$32,040
3.
$3,360
$40,320
4.
$4,050
$48,600
5.
$4,740
$56,880
6.
$5,430
$65,160
Reference: U.S. Department of Health & Human Services and the RI Executive Office of Health & Human Services: Income Qualification Guidelines
*Income as used in this instance means the gross earned or unearned income.