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PA Bulletin, Doc. No. 11-2015


Income and Resource Limits for a Spouse Living in the Community When the Other Spouse is Institutionalized or Receiving Home and Community Based Services

[41 Pa.B. 6308]
[Saturday, November 19, 2011]

 The Department of Public Welfare increased the income and resource limits described in 55 Pa. Code §§ 178.124 (a)(3)(i) and (ii) and 181.452(d)(2)(ii) and (iv) (relating to resource eligibility for the institutionalized spouse; and posteligibility determination of income available from an MA eligible person toward the cost of care). These regulations establish the basis for determining the Community Spouse Monthly Maintenance Need Amount and the minimum and maximum Community Spouse Resource Standard for Categorically Needy Nonmoney Payment and Medically Needy Only Medical Assistance. These standards are required to be published annually in the Pennsylvania Bulletin, and are available to the public upon request at the local County Assistance Offices.

 The following limits became effective January 1, 2011, as required by 42 U.S.C.A. § 1396r-5:

Maximum Community Spouse Resource Standard $109,560
Minimum Community Spouse Resource Standard $21,912
Maximum Monthly Maintenance Needs Allowance $2,739

 The following limits became effective July 1, 2011, as required by 42 U.S.C.A. § 1396r-5:

Excess Monthly Shelter Standard $552.00
Minimum Monthly Maintenance Needs Allowance $1,839.00
Dependent Living with Community Spouse Allowance $1,839.00

Fiscal Impact

 The fiscal impact of this change is estimated at $610,848 in State funds in Fiscal Year 2011-2012 and has been included in the Medical Assistance Long-Term Care appropriation.

Public Comment

 Interested persons are invited to submit written comments, suggestions or objections regarding this information to the Department of Public Welfare, Office of Income Maintenance, Edward J. Zogby, Director, Bureau of Policy, Room 431, Health and Welfare Building, Harrisburg, PA 17120.

 Persons with a disability who require an auxiliary aid or service may submit comments using the Pennsylvania AT&T Relay Service at (800) 654-5984 (TDD users) or (800) 654-5988 (voice users).


Fiscal Note: 14-NOT-727. (1) General Fund; (2) Implementing Year 2011-12 is $611,000; (3) 1st Succeeding Year 2012-13 is $611,000; 2nd Succeeding Year 2013-14 is $611,000; 3rd Succeeding Year 2014-15 is $611,000; 4th Succeeding Year 2015-16 is $611,000; 5th Succeeding Year 2016-17 is $611,000; (4) 2010-11 Program—$728,907,000; 2009-10 Program—$540,266,000; 2008-09 Program—$672,597,000; (7) Long-Term Care; (8) recommends adoption. Funds have been included in the budget to cover this increase.

[Pa.B. Doc. No. 11-2015. Filed for public inspection November 18, 2011, 9:00 a.m.]

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