Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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Pennsylvania Code



Subchapter A. THE CATEGORICALLY NEEDY HEALTHY
BEGINNINGS PROGRAM FOR PREGNANT WOMEN
AND QUALIFIED CHILDREN


GENERAL PROVISIONS

Sec.


140.1.    Policy on Healthy Beginnings.
140.2.    Definitions.

GENERAL ELIGIBILITY REQUIREMENTS


140.21.    Conditions of eligibility.

INCOME REQUIREMENTS


140.31.    Income eligibility limitations.
140.32.    Applicable income.

TYPES OF INCOME NOT COUNTED


140.41.    Educational loans and grants.
140.42.    Other types of income not counted.
140.43.    Income and benefits not counted under Federal and State statutes.

EARNED INCOME COUNTED


140.51.    Gross earned income.
140.52.    Profit from self-employment.
140.53.    [Reserved].
140.54.    [Reserved].

UNEARNED INCOME COUNTED


140.61.    Benefits, dividends and interest.
140.62.    Support.
140.63.    Contributions.
140.64.    Income of a child.
140.65.    [Reserved].
140.66.    Rental property income.

RESTRICTED INCOME NOT COUNTED


140.71.    Nonservice connected veterans benefits.
140.72.    Income of an SSI recipient.
140.73.    Income received as representative payee for a child.

INCOME DEDUCTIONS


140.81.    Deductions from earned income.
140.82.    Unearned income expense deductions.
140.83.    Deductions from delayed or retroactive benefits.
140.84.    Rental property agency fees.
140.85.    Guardian fee deductions.

RESOURCE REQUIREMENTS


140.91.    Resources.
140.100.    Resources of children under 21 years of age and families with children under 21 years of age.

VERIFICATION REQUIREMENTS


140.101.    Verification of pregnancy.
140.102.    Verification of date of birth for qualified children.
140.103.    Verification of income.

REDETERMINATION/REAPPLICATION REQUIREMENTS


140.111.    Redetermination/reapplication requirements.

BENEFIT COVERAGE


140.121.    Category designation.
140.122.    Postpartum eligibility.
140.123.    Continuation of coverage to qualified children.
140.124.    Eligibility begin date.
140.125.    Eligibility end date.
140.126.    Notification of eligibility/ineligibility.
140.127.    Notification of termination.

PRESUMPTIVE ELIGIBILITY FOR PREGNANT WOMEN


140.141.    Presumptive eligibility.
140.142.    Presumptive eligibility begin and end dates.
140.143.    Notification of presumptive eligibility/ineligibility.
140.144.    Appeal rights for presumptive eligibility.
140.145.    Notice and appeal rights for MA applicants.
140.146.    Overpayments during the presumptive eligibility period.

Authority

   The provisions of this Subchapter A issued under section 403(b) of the Public Welfare Code (62 P. S. §  403(b)), unless otherwise noted.

Source

   The provisions of this Subchapter A adopted September 2, 1988, effective October 1, 1988, 18 Pa.B. 4004, unless otherwise noted.

GENERAL PROVISIONS


§ 140.1. Policy on Healthy Beginnings.

 (a)  The Department provides MA under the Categorically Needy Healthy Beginnings Program to pregnant women and qualified children who are otherwise eligible with family income that does not exceed the percentage of the Federal Poverty Income Guidelines (FPIGs) for mandatory coverage set forth in section 1902 of the Social Security Act (42 U.S.C.A. §  1396a). Future Federally mandated changes to the income or age standards will be published as a notice in the Pennsylvania Bulletin and will be made available upon request at the CAOs.

 (b)  The Department also provides MA under the Categorically Needy Healthy Beginnings Program to pregnant women and infants up to age 1 who are otherwise eligible with family income up to 185% of the FPIGs, as allowed under the optional provisions set forth in section 1902 of the Social Security Act.

 (c)  MA will be provided under the Program which is most advantageous for the client based on individual circumstances. Eligibility for MA benefits under both the NMP-MA and MNO-MA Programs will also be explored.

Authority

   The provisions of this §  140.1 amended under sections 201(2) and 403(b) of the Public Welfare Code (62 P. S. § §  201(2) and 403(b)).

Source

   The provisions of this §  140.1 adopted September 2, 1988, effective October 1, 1988, 18 Pa.B. 4004; amended September 18, 1992, effective upon publication for the OBRA 1989 requirement retroactive to April 1, 1990, and effective July 1, 1991, for the OBRA 1990 requirements, 22 Pa.B. 4694; amended April 2, 1993, effective upon publication and applies retroactively to January 1, 1993. Immediately preceding text appears at serial page (175162).

Cross References

   This section cited in 55 Pa. Code §  140.31 (relating to income eligibility limitations).

§ 140.2. Definitions.

 The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

   Applicant—A pregnant woman or qualified child, or an individual applying on their behalf.

   Budget group—A pregnant woman or qualified child.

   Earned income—Money or other compensation received in return for services rendered.

   Emancipated—An individual, under the age of 19, whether residing in or out of the parental household, who is no longer under the care and control of the parent.

   Family—Parents, spouses and their children under the age of 21, when living together.

   Immediate family—The child, the biological or adoptive parent of a child under 21 years of age, the spouse of the parent, and the brother, sister, step-brother, step-sister, half-brother or half-sister who are under 21 years of age. The immediate family members must be living together.

   LRR—Legally Responsible Relative—The spouse of a pregnant woman, or the biological or adoptive parent of an unemancipated child under the age of 19.

   Nonrecurring income—Income that is received in a single payment and not expected to continue.

   Qualified child—A child who meets the age standards in section 1902 of the Social Security Act (42 U.S.C.A. §  1396a).

   Qualified provider—An MA provider designated by the Department for the purpose of determining presumptive eligibility.

   Restricted income—Income limited by the payer for the use of a specified person.

   Unearned income—Money or other compensation received for which a service is not rendered.

Authority

   The provisions of this §  140.2 amended under sections 201(2) and 403(b) of the Public Welfare Code (62 P. S. § §  201(2) and 403(b)).

Source

   The provisions of this §  140.2 amended June 15, 2001, effective June 16, 2001, 31 Pa.B. 3196. Immediately preceding text appears at serial page (211574).

Cross References

   This section cited in 55 Pa. Code §  140.100 (relating to resources of children under 21 years of age and families with children under 21 years of age).

GENERAL ELIGIBILITY REQUIREMENTS


§ 140.21. Conditions of eligibility.

 Eligibility for MA is based on the following:

   (1)  An individual shall meet one of the following criterion:

     (i)   Be pregnant.

     (ii)   Be a qualified child.

   (2)  An individual shall also meet the appropriate eligibility conditions in this title. The specific eligibility conditions which shall be met are the following:

     (i)   Chapter 148 (relating to MA residence provisions for categorically needy NMP-MA and MNO-MA).

     (ii)   Chapter 149 (relating to citizenship and alienage).

     (iii)   Chapter 155 (relating to enumeration).

     (iv)   Signing forms—An applicant/recipient is required to complete and sign the application/reapplication forms designated by the Department.

     (v)   Chapter 255 (relating to restitution).

     (vi)   Chapter 257 (relating to reimbursement).

     (vii)   Responsibility for reporting changes—An applicant/recipient is responsible for reporting accurately, within 1 week, a change in circumstances affecting eligibility.

     (viii)   Third party liability—An applicant/recipient shall cooperate in identifying and providing information to assist the Department in pursuing a third party who may be liable to pay for medical care and services.

INCOME REQUIREMENTS


§ 140.31. Income eligibility limitations.

 (a)  Net family income after applicable deductions and disregards cannot exceed the following:

   (1)  The percentage of the Federal Poverty Income Guidelines (FPIGs) for the appropriate family size for mandatory coverage set forth in section 1902 of the Social Security Act (42 U.S.C.A. §  1396a).

   (2)  The percentage of the FPIGs for the appropriate family size for the optional coverage established in §  140.1(b) (relating to policy on healthy beginnings) for pregnant women and infants under 1 year of age.

 (b)  The unborn child is counted as a family member when determining eligibility of the pregnant woman, including her presumptive eligibility.

Source

   The provisions of this §  140.31 adopted September 2, 1988, effective October 1, 1988, 18 Pa.B. 4004; amended September 18, 1992, effective upon publication for the OBRA 1989 requirements retroactive to April 1, 1990, and effective July 1, 1991, for OBRA 1990 requirements, 22 Pa.B. 4694; amended April 2, 1993, effective upon publication and applies retroactively to January 1, 1993, 23 Pa.B. 1562. Immediately preceding text appears at serial page (175164).

§ 140.32. Applicable income.

 Earned and unearned income of family members, except when designated in this subchapter as being income that is not counted or restricted, is considered when determining eligibility of the budget group.

   (1)  If the applicant is pregnant and residing in the parental household, parental income is not considered when determining the eligibility of the applicant under one of the following circumstances:

     (i)   If the applicant is age 18 or older and does not meet the requirements of an AFDC child in §  145.43 (relating to requirements).

     (ii)   If the applicant is married.

     (iii)   If the applicant is an emancipated child under the age of 19.

   (2)  If the applicant is an unemancipated child, pregnant and residing in the parental household, the income of siblings is disregarded when determining the eligibility of the applicant unless the applicant elects to have the sibling and the income of the sibling counted.

   (3)  If the applicant is a pregnant adult, the income of her children or stepchildren residing in the household is disregarded when determining her eligibility unless the applicant elects to have the child and the income of the child counted.

   (4)  If the applicant is pregnant and living with the individual who voluntarily acknowledges that he is the father of her unborn child, the father is counted as a family member and his income is considered when determining eligibility.

   (5)  If the applicant is pregnant and living with her husband, including a common-law husband, he is counted as a family member and his income is counted when determining eligibility.

   (6)  If an application is made for a qualified child only, income of a stepparent in the household is not considered when determining the eligibility of the qualified child. Income of siblings is disregarded when determining the eligibility of a qualified child, unless the applicant elects to have the sibling and the income of the sibling counted.

TYPES OF INCOME NOT COUNTED


§ 140.41. Educational loans, grants and work-study income.

 The following do not count as income:

   (1)  Educational assistance in the form of loans, grants and scholarships.

   (2)  Work-study income.

Authority

   The provisions of this §  140.41 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; section 1902(a)(10)(A) of the Social Security Act (42 U.S.C.A. §  1396a(a)(10)(A)); and the Federal TANF regulations in 45 CFR 260.10—265.10.

Source

   The provisions of this §  140.41 amended September 13, 2002, effective September 14, 2002, 32 Pa.B. 4435. Immediately preceding text appears at serial page (211577).

Cross References

   This section cited in 55 Pa. Code §  140.64 (relating to income of a child).

§ 140.42. Other types of income not counted.

 The following types of income are not counted:

   (1)  Funds subject to reimbursement. Funds for which a Department reimbursement agreement has been executed.

   (2)  MA copayment rebates. A refund to the applicant/ recipient or family member authorized as a rebate for payment made in excess of the amount required as copayment for MA services.

   (3)  Retroactive cash assistance payments. Retroactive cash assistance payments authorized to correct underpayments to previous recipients of cash assistance.

   (4)  Corrective cash assistance payment. A corrective, cash assistance payment when authorized retroactively as a result of a prehearing conference, a fair hearing decision or a court order.

   (5)  Refund of assigned support payment. An assigned court order or voluntary support payment refunded to the applicant/recipient or family member due to a month of suspension of the monthly cash assistance payment.

   (6)  Donations from public or private agencies. Money, goods or services an applicant/recipient receives from a public or private agency or organization.

   (7)  Donations from individuals. In-kind goods or services provided by a person to an applicant/recipient or family member or third-party payments made to a vendor on behalf of an applicant/recipient or family member.

   (8)  Gifts, loans or borrowed money. Gifts, loans or borrowed money, regardless of the amount, are treated as a resource and have no effect on eligibility.

   (9)  Home produce. The value of home produce of the applicant/recipient or family member which is used by the applicant/recipient and the household of the applicant/recipient for the personal consumption of the applicant/recipient household and not for sale.

   (10)  Day care. Money received from providing day care for children in an approved family day care home.

   (11)  Earned Income Tax Credit (EITC). The advance monthly payment or year-end payment which an applicant/recipient receives.

Source

   The provisions of this §  140.42 amended December 28, 1990, effective December 29, 1990, and apply retroactively to October 1, 1989, 20 Pa.B. 6387. Immediately preceding text appears at serial pages (130388) to (130389).

Cross References

   This section cited in 55 Pa. Code §  140.63 (relating to contributions); and 55 Pa. Code §  140.64 (relating to income of a child).

§ 140.43. Income and benefits not counted under Federal and State statutes.

 The following are not counted by Federal and State statutes:

   (1)  Food stamp program benefits. The value of free stamps received by an applicant/recipient or family member who is participating in the food stamp program under section 8 of the Food Stamp Act of 1964 (7 U.S.C.A. §  2017(b)).

   (2)  Value of United States Department of Agriculture surplus food donation. The value of United States Department of Agriculture donated foods—surplus commodities—distributed under section 32 of the Agricultural Adjustment Act (7 U.S.C.A. §  612c).

   (3)  Food assistance and free school lunches. The value of supplemental food assistance received under the Child Nutrition Act of 1966 (42 U.S.C.A. § §  1771—1789) and the special food services program for children under section 2 of the National School Lunch Act (42 U.S.C.A. §  1751).

   (4)  LIHEAP. Home energy assistance payments or services received under LIHEAP.

   (5)  Experimental housing allowance program. Experimental Housing Allowance Program (EHAP) payments made under annual contribution contracts entered into before January 1, 1975, under the United States Housing Act of 1937 (42 U.S.C.A. § §  1437—1440).

   (6)  Subsidies paid for housing or utilities. Subsidies paid for housing or utilities under the United States Housing Act of 1937 and housing rehabilitation grants under the Housing and Community Development Act of 1974 (Pub.L. 93-383, 88 Stat. 633).

   (7)  Uniform relocation assistance and real property acquisition policies. Money received under Subchapter II of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C.A. § §  4621—4638, specifically §  4636).

   (8)  Job Training Partnership Act. Money received as need based payments or payments for supportive services from the Job Training Partnership Act (29 U.S.C.A. § §  1501—1781).

   (9)  Alaska Native Claims Settlement Act. Tax exempt portions of payments made under the Alaska Native Claims Settlement Act (43 U.S.C.A. § §  1601—1628).

   (10)  Payments to Indian tribes. The following payments to Indian tribes:

     (i)   Funds distributed per capita to, or held in trust for, members of an Indian tribe under the act of March 18, 1972 (Pub.L. 92-254, 86 Stat. 64) (25 U.S.C.A. § §  1261—1265) or the act of October 19, 1973 (Pub.L. 93-134, 87 Stat. 466) (25 U.S.C.A. § §  1401—1408).

     (ii)   Effective October 17, 1975, receipts distributed to members of certain Indian tribes referred to in section 5 of the act of January 4, 1975 (Pub.L. 93-638, 88 Stat. 2216) (25 U.S.C.A. §  459d).

     (iii)   Effective January 12, 1983, interest and investment income accrued on Indian Judgement funds while held in trust under the Per Capita Act (25 U.S.C.A. § §  117a—117c) and the act of October 19, 1973 (Pub.L. 93-134, 87 Stat. 466) (25 U.S.C.A. § §  1401—1408).

   (11)  Payment to volunteers. Payment to volunteers under any of the following provisions:

     (i)   Payments to volunteers under Subchapter I of the Domestic Volunteer Service Act of 1973 (42 U.S.C.A. § §  4951—4993). Payments for volunteer work in VISTA, Service Learning Programs and Special Volunteer Programs.

     (ii)   Payments for supportive services or reimbursement of out-of-pocket expenses made to individual volunteers serving as foster grandparents, senior health aides or senior companions and other programs established under Subchapter II of the Domestic Volunteer Service Act of 1973 (42 U.S.C.A. § §  5001—5024), if the payments when divided by the number of hours served, result in an amount that is less than the Commonwealth’s minimum hourly wage.

   (12)  Congregate meals. Benefits received under Subchapter III, Part C of the Older Americans Act of 1965 (42 U.S.C.A. § §  3030e—3030g).

   (13)  Senior Citizen Rebate and Assistance Act. Money received as a rent rebate or as property tax assistance under the Senior Citizen Rebate and Assistance Act (72 P. S. § §  4751-1—4751-12).

   (14)  Adoption subsidies. Maintenance subsidies received under the Adoption Opportunity Act (62 P. S. § §  771—774) for the use of the special need child.

   (15)  Foster care payments. Payments received for providing foster care under Title IV-E of the Social Security Act (42 U.S.C.A. § §  670—676) or Article VII of the Public Welfare Code (62 P. S. § §  701—735).

   (16)  Support. The first $50 per month of court-ordered and voluntary support payments received, excluding arrearages.

   (17)  Home energy assistance (HEA) benefits. HEA benefits furnished in-kind by a certified, private, nonprofit organization or furnished as cash or in-kind assistance by a certified supplier of home heating oil or gas, by a certified entity providing home energy whose revenues are primarily derived on a rate-of-return basis and regulated by the Public Utility Commission or by a certified municipal utility providing home energy. HEA benefits 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.

   (18)  Support or maintenance assistance benefits. In-kind support or maintenance benefits provided by a certified, private, nonprofit organization. Benefits include, but are not limited to, in-kind provision of food, clothing, temporary emergency shelter, furniture, toys and appliances.

   (19)  Japanese-American and Aleutian restitution payments. Restitution payments made by the United States government to eligible Japanese-Americans and Aleuts who were interned or relocated during World War II. If the eligible Japanese-Americans are deceased at the time of payment, 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 provision 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). Interest received on retained restitution payments is also not excluded but is subject to the usual regulations governing interest as specified in this chapter.

   (20)  Agent orange settlement payments. Payments made from the Agent Orange Settlement Fund or another fund established pursuant to the settlement in the agent orange product liability litigation.

Source

   The provisions of this §  140.43 adopted September 2, 1988, effective October 1, 1988, 18 Pa.B. 4004; amended March 22, 1991, effective upon publication in the Pennsylvania Bulletin and applies retroactively to August 10, 1988, 21 Pa.B. 1182; amended August 27, 1993, effective August 28, 1993, with the exception of the Agent Orange Settlement Payments requirement which is retroactive to January 1, 1989, 23 Pa.B. 4071. Immediately preceding text appears at serial pages (155136) and (156995) to (156996).

Cross References

   This section cited in 55 Pa. Code §  140.64 (relating to income of a child).

EARNED INCOME COUNTED


§ 140.51. Gross earned income.

 Gross earned income, including, but not limited to, wages, tips, salaries, commissions and bonuses from employment is counted as earned income.

§ 140.52. Profit from self-employment.

 Profit from self-employment is counted as earned income. Self-employment includes, but is not limited to, operating a business or farm, practicing a profession, renting nonresident real property, renting rooms or apartments contained in the resident property and providing board. Profit from self-employment is determined using one of the following methods:

   (1)  From self-employment gross receipts, the verified costs to the applicant/recipient or family member of producing or continuing the income are deducted. Depreciation, personal business and entertainment expenses, personal transportation, purchase of capital equipment, and payments on the principal of loans for capital assets or durable goods, are not included in the deductions.

   (2)  From renting rooms or apartments contained in the resident property and providing board to individuals and providing room and board to tenants, the following amounts are deducted from the gross receipts:

     (i)   From total room and apartment rent, $10 plus an amount equal to 50% of the remainder.

     (ii)   From board payments, the maximum food stamp coupon allotment for the household size based on the total number of boarders.

     (iii)   From room and board payments, 40% of the total gross payment added to the maximum food stamp coupon allotment for the household size equal to the total number of roomers and boarders.

     (iv)   Where there are roomers, boarders, and room and boarders, the following amounts are deducted from the gross receipts and the results are added to determine the profit as follows:

       (A)   From total room or apartment rent, $10 plus an amount equal to 50% of the remainder.

       (B)   From room and board payments, 40% of the total room and board payments.

       (C)   From board payments and the balance of the room and board payments after the deduction in clause (B), the maximum food stamp coupon allotment for the household size equal to the total number of boarders and room and boarders.

Cross References

   This section cited in 25 Pa. Code §  140.452 (relating to income from self-employment).

§ 140.53. [Reserved].


Source

   The provisions of this §  140.53 reserved September 13, 2002, effective retroactively to March 3, 1997, September 14, 2002, 32 Pa.B. 4435. Immediately preceding text appears at serial page (211582).

§ 140.54. [Reserved].


Source

   The provisions of this §  140.54 reserved December 28, 1990, effective December 29, 1990, and apply retroactively to October 1, 1989, 20 Pa.B. 6387. Immediately preceding text appears at serial page (130393).

UNEARNED INCOME COUNTED


§ 140.61. Benefits, dividends and interest.

 Annuities, pensions and other periodic payments which include, but are not limited to, private pensions, social security benefits including Part B Medicare premiums, disability benefits, veterans benefits, workmen’s compensation, railroad retirement, unemployment insurance benefits, dividends, interest and royalties are counted as unearned income.

§ 140.62. Support.

 Child support, spousal support and alimony are counted as unearned income, regardless of whether the payment or support is voluntary or court ordered. The first $50 per month of court-ordered and voluntary support received, excluding arrearages, is disregarded.

Cross References

   This section cited in 55 Pa. Code §  140.63 (relating to contributions).

§ 140.63. Contributions.

 (a)  Cash contributions by an LRR, including the putative father of a qualified child, are considered support as defined in §  140.62 (relating to support). The mother or the putative father shall acknowledge in writing that the payment from the putative father is child support.

 (b)  Cash contributions by an individual other than an LRR are counted as unearned income unless exempt under §  140.42(8) (relating to other types of income not counted).

§ 140.64. Income of a child.

 (a)  Income paid on behalf of a child included in the applicant/recipient group is counted in determining income eligibility. If the income covers more than one child, each child covered is considered to have an equal share unless the payer or the court order specifies otherwise.

 (b)  Income of a child who is an applicant/recipient or a family member is not counted in determining income eligibility if it is:

   (1)  Income which is exempt under § §  140.41, 140.42(1)—(10) and 140.43 (relating to educational loans, grants and work-study income; other types of income not counted; and income and benefits not counted under Federal and State statutes).

   (2)  RSDI benefits paid under Title II of the Social Security Act (42 U.S.C.A. § §  401—433) to a representative payee who does not live in the same household as the child and which the representative payee does not actually make available for the support of the child.

§ 140.65. [Reserved].


Source

   The provisions of this §  140.65 reserved September 13, 2002, effective September 14, 2002, 32 Pa.B. 4435. Immediately preceding text appears at serial pages (211583) to (211584).

§ 140.66. Rental property income.

 Income from a rental property owned by an applicant/recipient or family member but handled by a rental agency is counted as unearned income if the applicant/recipient or family member has no specific responsibility for the management of the property.

RESTRICTED INCOME NOT COUNTED


§ 140.71. Nonservice connected veterans benefits.

 The amount of increased nonservice connected veterans benefits which the applicant/recipient or family member was eligible to receive, but elected not to receive, under the Veterans’ Pension Act of 1959 (38 U.S.C. § §  503, 506, 521, 522, 541—543, 617 and 3203) is not counted. The person does not have to apply for the increase if the person qualified for veterans benefits on June 30, 1960 and elected not to receive the increase in benefits provided under the Veterans’ Pension Act of 1959.

§ 140.72. Income of an SSI recipient.

 The income of an SSI recipient is not considered available to meet the needs of an applicant/recipient except those payments made to the applicant/recipient for goods, services and room and board. The person receiving SSI is not included as a family member when determining the eligibility of the Healthy Beginnings applicant.

§ 140.73. Income received as representative payee for a child.

 If a member of the applicant/recipient group or family member is payee for a benefit for a child and the benefit is legally restricted to the use of that child, the income is not counted in determining income eligibility if the child is not a Healthy Beginnings applicant/recipient.

INCOME DEDUCTIONS


§ 140.81. Deductions from earned income.

 Each employed individual in the Healthy Beginnings family whose income is used to determine the eligibility of the budget group is entitled to the following deductions from earned income, in the following order:

   (1)  Work expenses. The first $90 per month from the earned income of each individual who is employed if the employed individual or family member is not eligible to receive an earned income incentive deduction as described in paragraph (2) or if the $90 per month deduction is more advantageous to the applicant or recipient group.

   (2)  Earned income incentive deductions.

     (i)   Each employed individual in the applicant or recipient group or family member is eligible to receive an earned income incentive deduction if one of the following exists:

       (A)   The employed individual is a recipient of Healthy Beginnings.

       (B)   The employed individual has been a recipient of cash assistance, NMP-MA or MNO-MA in a TANF-related category in 1 of the 4 calendar months before the date of the application for Healthy Beginnings.

       (C)   The employed individual has been a recipient of NMP-MA or MNO-MA in a GA-related category with a child who was simultaneously a recipient of MA in a TANF-related category in 1 of the 4 calendar months before the date of the application for Healthy Beginnings.

     (ii)   Each employed individual in the applicant or recipient group, including a family member who meets one of the requirements in subparagraph (i), is eligible to receive a continuous 50% earned income incentive deduction or the first $90 per month work expense deduction from earned income and a $30 plus 1/3 remainder earned income incentive deduction per requirements in subparagraph (iii), whichever is most advantageous to the applicant or recipient group.

     (iii)   The application of the $30 plus 1/3 remainder earned income incentive deduction is treated as follows:

       (A)   The employed applicant or recipient or family member is eligible to receive the $30 plus 1/3 remainder earned income incentive deduction for 4 consecutive months if:

         (I)   Twelve consecutive months have elapsed since the employed applicant or recipient has been a recipient of Healthy Beginnings or the income of the individual has not been considered when determining the eligibility of the Healthy Beginnings recipient. The count of months begins with the first month following the month of termination for Healthy Beginnings regardless of whether the employed applicant or recipient received the entire 8 consecutive months of the $30 income incentive deduction described in clause (B).

         (II)   An applicant or recipient whose receipt of 4 consecutive months of the work incentive is interrupted due to loss of income or a decrease in income. The applicant or recipient is eligible for a new 4 consecutive month period.

       (B)   Each employed person in the applicant/recipient group who received 4 months of the $30 plus 1/3 income incentive deduction is eligible for an income deduction of $30 per month during the next 8 consecutive months. The application of the $30 incentive is treated as follows:

         (I)   The applicant/recipient is entitled to the $30 income incentive deduction during any month of the 8-month period for which the income of the applicant/recipient is sufficient to qualify.

         (II)   The 8 months of eligibility for the $30 income incentive deduction begins with the month following the end of the 4 consecutive calendar months of the $30 and 1/3 income incentive deduction.

         (III)   The 8 months of eligibility are counted consecutively, whether or not Healthy Beginnings is interrupted or income is sufficient to qualify for it.

   (3)  Dependent care expenses. The actual work-related cost of care of dependent or incapacitated persons living in the home of the applicant/recipient or family member, if no other sound plan can be made for their care, up to a maximum of:

     (i)   One hundred seventy-five dollars per month per child 2 years of age or older or incapacitated person when the applicant/recipient or family member is employed full-time.

     (ii)   One hundred fifty dollars per month per child 2 years of age or older or incapacitated person when the applicant/recipient or family member is employed part-time.

     (iii)   Two hundred dollars per month per child under age 2 regardless of whether the applicant/recipient or family member is employed full-time or part-time.

Authority

   The provisions of this §  140.81 amended under sections 201(2) and 403(b) of the Public Welfare Code (62 P. S. § §  201(2) and 403(b)) (code); 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; section 1902(a)(10)(A) of the Social Security Act (42 U.S.C.A. §  1396a(a)(10)(A); and the Federal TANF regulations in 45 CFR 260.10—265.10.

Source

   The provisions of this §  140.81 amended December 28, 1990, effective December 29, 1990, and apply retroactively to October 1, 1989, 20 Pa.B. 6387; amended September 13, 2002, effective retroactively to March 3, 1997, 32 Pa.B. 4435. Immediately preceding text appears at serial pages (211584) to (211586).

Cross References

   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); and 55 Pa. Code §  178.174 (relating to disposition of assets and fair consideration provisions for transfer on or after July 30, 1994).

§ 140.82. Unearned income expense deductions.

 (a)  The expenses which the applicant/recipient or family member is required to pay to be eligible for, or to receive, the unearned income are deducted. Expenses include, but are not limited to, attorney fees, transportation costs and court costs.

 (b)  The replacement cost of real or personal property that is covered by a personal damage award or insurance settlement is deducted.

§ 140.83. Deductions from delayed or retroactive benefits.

 If delayed or retroactive benefits are subject to reimbursement to the Department, the amount owed under the reimbursement agreement is deducted from the amount of the delayed benefit.

§ 140.84. Rental property agency fees.

 The amount paid to a rental agency to manage rental property owned by the applicant/recipient is deducted.

§ 140.85. Guardian fee deductions.

 The fee paid to a guardian who controls the income or property of an applicant/recipient when the guardian has been court appointed and the guardian fee is imposed as a part of the court order is deducted.

RESOURCE REQUIREMENTS


§ 140.91. Resources.

 Resources are not considered when determining eligibility.

§ 140.100. Resources of children under 21 years of age and families with children under 21 years of age.

 The resources of the Healthy Beginnings child under 21 years of age and the Healthy Beginnings 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 §  140.2 (relating to definitions) and who exercises care and control of the child, the resources of the caretaker are excluded.

Authority

   The provisions of this §  140.100 issued under sections 201(2) and 403(b) of the Public Welfare Code (62 P. S. § §  201(2) and 403 (b)).

Source

   The provisions of this §  140.100 adopted June 15, 2001, effective June 16, 2001, 31 Pa.B. 3196.

VERIFICATION REQUIREMENTS


§ 140.101. Verification of pregnancy.

 (a)  For Categorically Needy Healthy Beginnings, the pregnancy and expected delivery date shall be verified by a licensed physician, clinic or other medical source. Verification of the pregnancy is required prior to the authorization of benefits.

 (b)  For presumptive eligibility, the pregnancy shall be medically verified by the qualified provider at the time of the determination of presumptive eligibility.

§ 140.102. Verification of date of birth for qualified children.

 (a)  Documentation verifying the birth date of the qualified child is required. Benefits may be authorized if the stated birth date appears to be consistent and reasonable. The applicant is required to provide verification of the birth date within 30 days after date of application.

 (b)  Documentation of birth date is not required if previously verified and properly noted in the case record, unless a discrepancy exists.

§ 140.103. Verification of income.

 (a)  Verification of income is required prior to authorization of benefits. An applicant/recipient may not be denied MA for lack of verification if the applicant/recipient has cooperated in the verification attempt under § §  125.21 and 133.23 (relating to the policy; and requirements).

 (b)  For presumptive eligibility, the qualified provider is not required to verify the applicant’s income prior to authorization of presumptive eligibility.

REDETERMINATION/REAPPLICATION REQUIREMENTS


§ 140.111. Redetermination/reapplication requirements.

 (a)  For Categorically Needy Healthy Beginnings, the redetermination/reapplication requirements in Chapter 133 (relating to redetermining eligibility) apply.

 (b)  For presumptive eligibility, no redetermination/reapplication requirements apply.

BENEFIT COVERAGE


§ 140.121. Category designation.

 Pregnant women and qualified children who are eligible to receive Categorically Needy Healthy Beginnings benefits are designated as ‘‘PS’’ category.

§ 140.122. Postpartum eligibility.

 A woman who is eligible for and receiving benefits at termination of the pregnancy, regardless of the reason for the termination, shall continue to receive MA coverage through the end of the month in which the 60-day postpartum period (beginning on the last day of her pregnancy) ends, without regard to a change in income during that period. The newborn child is also eligible through the end of the month in which the 60-day postpartum period ends. Eligibility under this section ceases if the woman changes her legal residence to another state before the end of the month in which the 60-day postpartum period ends.

§ 140.123. Continuation of coverage to qualified children.

 If a qualified child is receiving inpatient care and exceeds the age limit during the hospital stay, benefits will continue until the end of the hospital stay if the income requirements continue to be met.

§ 140.124. Eligibility begin date.

 The eligibility begin date for Categorically Needy Healthy Beginnings may be the date the application is signed or the date the signed application is date stamped by the county assistance office.

§ 140.125. Eligibility end date.

 (a)  Eligibility ends on one of the following dates:

   (1)  For the woman whose eligibility was based on pregnancy, the end of the month in which the 60-day postpartum period ends. The 60-day period begins with the date the pregnancy was terminated.

   (2)  For the qualified child, the day preceding the date that the child exceeds the age limitation.

 (b)  Eligibility ends effective for the first MAID Card Issuance for which the deadline can be met, following proper notification, under the following circumstances:

   (1)  When increased income results in ineligibility.

   (2)  When ineligibility occurs as the result of the loss of the $30 plus 1/3 disregard or the $30 disregard.

   (3)  When ineligibility occurs prior to the end of the month in which the 60-day postpartum period ends as the result of the woman or newborn changing legal residence to another state.

 (c)  When benefits are terminated because the recipient no longer meets the requirements of pregnancy or age, eligibility for continuing MA coverage under the NMP-MA and MNO-MA Programs is explored. If the recipient is determined eligible, MA benefits are continued under the appropriate program with no interruption in MA coverage.

§ 140.126. Notification of eligibility/ineligibility.

 The applicant will be notified in writing regarding eligibility/ineligibility for benefits under the Categorically Needy Healthy Beginnings Program. If determined ineligible, the applicant has a right to appeal and fair hearing under Chapter 275 (relating to appeal and fair hearing and administrative disqualification hearings).

§ 140.127. Notification of termination.

 The recipient will be notified in writing regarding the termination of Categorically Needy Healthy Beginnings benefits as follows:

   (1)  For the woman whose eligibility was based on pregnancy, advance notice is issued at least 10 days prior to the expiration of the end of the month in which the 60-day postpartum period ends.

   (2)  For the qualified child, advance notice is issued at least 10 days prior to the date that the child exceeds the age limitation.

   (3)  For the woman or newborn who moves out of this Commonwealth prior to the end of the month in which the 60-day postpartum period ends, advance notice is issued at least 10 days prior to the termination date.

   (4)  If benefits are terminated due to increased income, loss of the $30 plus 1/3 disregard, or the $30 disregard, advance notice is issued at least 10 days prior to the termination date.

PRESUMPTIVE ELIGIBILITY FOR PREGNANT WOMEN


§ 140.141. Presumptive eligibility.

 Temporary outpatient prenatal services are provided under the Categorically Needy Healthy Beginnings Program to pregnant women determined to be presumptively eligible. Presumptive eligibility is determined by a qualified provider as defined in §  140.2 (relating to definitions) pending a determination of eligibility for MA benefits by the CAO.

   (1)  Presumptive eligibility is based on the following criteria:

     (i)   An individual is pregnant.

     (ii)   An individual is determined income eligible by a qualified provider.

     (iii)   An individual meets the following specific eligibility conditions:

       (A)   Chapter 147 (relating to residence).

       (B)   Chapter 149 (relating to citizenship and alienage).

       (C)   Signing forms. The applicant for presumptive eligibility is required to complete and sign the application forms designated by the Department.

   (2)  Only one period of presumptive eligibility is granted per individual per pregnancy per qualified provider.

§ 140.142. Presumptive eligibility begin and end dates.

 (a)  The begin date for presumptive eligibility is the date that the qualified provider makes the presumptive eligibility determination.

 (b)  The end date for presumptive eligibility is whichever of the following dates is earlier:

   (1)  The date of the first MAID Card Issuance for which the deadline can be met following the determination by the county assistance office of the individual’s eligibility/ineligibility for continued MA benefits.

   (2)  The 45th day following the date on which the individual was determined by a qualified provider to be presumptively eligible.

§ 140.143. Notification of presumptive eligibility/ineligibility.

 The pregnant woman will be notified in writing by the qualified provider of eligibility/ineligibility for medical coverage under the presumptive eligibility provisions.

§ 140.144. Appeal rights for presumptive eligibility.

 Chapter 275 (relating to appeal and fair hearing and administrative disqualification hearings) does not apply to the denial or termination of presumptive eligibility coverage.

§ 140.145. Notice and appeal rights for MA applicants.

 The presumptively eligible pregnant woman who applies for ongoing MA is entitled to:

   (1)  Written notice of eligibility/ineligibility from the county assistance office under Chapter 125 (relating to application process).

   (2)  Appeal and fair hearing rights under Chapter 275 (relating to appeal and fair hearing and administrative disqualification hearings).

§ 140.146. Overpayments during the presumptive eligibility period.

 No overpayments of medical services occur for the duration of the period of presumptive eligibility when a determination of presumptive eligibility is made by a qualified provider.



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