Subchapter D. POSTELIGIBILITY DETERMINATION OF
ELIGIBILITY FOR MA PAYMENT TOWARD COST OF
CARE IN INSTITUTIONS

POSTELIGIBILITY DETERMINATION
PROVISIONS

Sec.

181.451.    General policy on posteligibility determination of eligibility for MA payment toward cost of care in institutions.
181.452.    Posteligibility determination of income available from an MA eligible person toward his cost of care.
181.452a.    Clarification of posteligibility determination of income available from an MA-eligible person toward the cost of care—statement of policy.
181.453.    Determination of MA payment toward cost of care in institutions.

POSTELIGIBILITY DETERMINATION PROVISIONS

§ 181.451. General policy on posteligibility determination of eligibility for MA payment toward cost of care in institutions.

 (a)  A person who is eligible for MA and who requests an MA payment toward his cost of skilled care, heavy care/intermediate services or intermediate care, including services in an ICF/MR facility shall have his total gross income considered to determine the amount he is expected to pay toward his cost of care. This process is separate from the eligibility determination for MA eligibility. The total gross income considered to determine the amount the MA eligible person shall pay toward his cost of care includes income amounts previously deducted in determining MA eligibility.

 (b)  The Department will reduce its payment for skilled care, heavy care/intermediate services, intermediate care or services in an ICF/MR facility by the amount of income available from an MA eligible person toward his cost of care.

Authority

   The provisions of this §  181.451 issued under section 403(b) of the Public Welfare Code (62 P. S. §  403(b)).

Source

   The provisions of this §  181.451 adopted August 26, 1988, effective November 1, 1988, 18 Pa.B. 3949; amended August 28, 1992, effective upon publication and apply retroactively to October 1, 1989, 22 Pa.B. 4432. Immediately preceding text appears at serial page (165982).

§ 181.452. Posteligibility determination of income available from an MA eligible person toward the cost of care.

 (a)  The total gross income of an aged, blind or disabled MA eligible person’s income includes:

   (1)  The total earned income as specified in § §  181.91, 181.92, 181.95 and 181.96.

   (2)  The total unearned income as specified in § §  181.101—181.104, 181.107, 181.109 and 181.110.

   (3)  Aged, blind and disabled categories. Some income that is identified as excluded in Subchapter B (relating to aged, blind and disabled categories) is not excluded under this subchapter and is counted when determining the MA eligible person’s total gross income. This includes:

     (i)   The income exclusion as specified in §  181.122 (relating to earned income exclusion).

     (ii)   The income exclusions as specified in §  181.123 (relating to unearned income exclusions).

   (4)  Income from nontrust property. Unless the instrument specifically provides otherwise as follows:

     (i)   Payment of income made solely in the name of the institutionalized spouse or the community spouse is considered only available to that spouse.

     (ii)   Payment of income made in the names of both spouses is considered available in equal shares to each of them.

     (iii)   Payment of income made in the names of the institutionalized spouse or the community spouse, or both, and to another person is considered available to each spouse in proportion to the spouse’s interest, or if payment is made with respect to both spouses and no interest is specified, one-half of the joint interest is considered available to each spouse.

   (5)  Income from trust property.

     (i)   Income is considered available to each spouse as provided for in the trust.

     (ii)   In the absence of a specific provision in the trust, if payment of income is made solely to the institutionalized spouse or the community spouse, the income is considered available only to that spouse.

     (iii)   In the absence of a specific provision in the trust, if payment of income is made to both the institutionalized spouse and the community spouse, one-half of the income is considered available to each spouse.

     (iv)   In the absence of a specific provision in the trust, if payment of income is made to the institutionalized spouse or the community spouse, or both, and to another person, the income is considered available to each spouse in proportion to the spouse’s interest or, if payment is made with respect to both spouses and no interest is specified, one-half of the joint interest is considered available to each spouse.

   (6)  Income from property with no instrument. In the case of income not from a trust in which there is no instrument establishing ownership, subject to the requirements in paragraph (7), one-half of the income is considered available to the institutionalized spouse and one-half to the community spouse.

   (7)  Rebutting income ownership. The requirements in paragraphs (4) and (6) are superseded to the extent that an institutionalized spouse can establish, by a preponderance of evidence, that the ownership interests in income are other than as provided under those paragraphs.

 (b)  The total gross income of an TANF-related category and a GA-related category MA eligible person’s total income includes:

   (1)  The total earned income as specified in § §  181.271 and 181.272 (relating to gross earned income; and profit from self-employment).

   (2)  The total unearned income as specified in § §  181.281—181.285, 181.287 and 181.288.

   (3)  Income that is identified as a type of income that is not counted when determining MA eligibility is counted when determining the MA eligible person’s total gross income. This includes income specified in §  181.263 (relating to other types of income not counted for the TANF and GA categories).

   (4)  Income from nontrust property, unless the instrument specifically provides otherwise, as follows:

     (i)   Payment of income made solely in the name of the institutionalized spouse or the community spouse is considered only available to that spouse.

     (ii)   Payment of income made in the names of both spouses is considered available in equal shares to each of them.

     (iii)   Payment of income made in the names of the institutionalized spouse or the community spouse, or both, and to another person is considered available to each spouse in proportion to the spouse’s interest, or if payment is made with respect to both spouses and no interest is specified, one-half of the joint interest is considered available to each spouse.

   (5)  Income from trust property.

     (i)   Income is considered available to each spouse as provided for in the trust.

     (ii)   In the absence of a specific provision in the trust, if payment of income is made solely to the institutionalized spouse or the community spouse, the income is considered available only to that spouse.

     (iii)   In the absence of a specific provision in the trust, if payment of income is made to both the institutionalized spouse and the community spouse, one-half of the income is considered available to each spouse.

     (iv)   In the absence of a specific provision in the trust, if payment of income is made to the institutionalized spouse or the community spouse, or both, and to another person, the income is considered available to each spouse in proportion to the spouse’s interest or, if payment is made with respect to both spouses and no interest is specified, one-half of the joint interest is considered available to each spouse.

   (6)  Income from property with no instrument. In the case of income not from a trust in which there is no instrument establishing ownership, subject to the requirements in paragraph (7), one-half of the income is considered available to the institutionalized spouse and one-half to the community spouse.

   (7)  Rebutting income ownership. The requirements in paragraphs (4) and (6) are superseded to the extent that an institutionalized spouse can establish, by a preponderance of evidence, that the ownership interests in income are other than as provided under those paragraphs.

 (c)  For an MA eligible person in the aged, blind or disabled related categories or an MA eligible person in the TANF-related or GA-related categories, the veterans aid and attendance and housebound allowance portion of the Veterans Affairs pension as specified in §  181.81(9) (relating to items that are not income) is excluded and is not counted when determining the MA eligible person’s total gross income unless if the Veterans Administration states, in writing, that the benefit is for an incompetent veteran or incompetent spouse or child of a deceased veteran who is determined incompetent by the Veterans Administration and that the benefit shall be counted toward cost of care.

 (d)  The following amounts are deducted from the MA eligible person’s total gross income identified in subsection (a) for persons in the aged, blind and disabled-related categories, or subsection (b) for persons in the TANF-related or GA-related categories and adjusted as applicable by the treatment of Veterans Administration benefits under subsection (c) for all MA eligible persons in the following order:

   (1)  A personal needs allowance deduction for clothing and other personal needs while in the institution.

     (i)   A personal needs allowance deduction of $30 a month for one person, except for those persons as specified in subparagraphs (ii)—(v) who are in intermediate care facilities for the mentally retarded—ICF/MR—and have sheltered workshop earnings or other earnings from therapeutic activities arranged by the institution.

     (ii)   A personal needs allowance deduction of $50 a month for a person in an ICF/MR who has sheltered workshop earnings or other earnings from therapeutic activities arranged by the institution which do not exceed $50 gross per month.

     (iii)   A personal needs allowance deduction of $70 a month for a person in an ICF/MR who has sheltered workshop earnings or other earnings from therapeutic activities arranged by the institution which are more than $50 gross per month but do not exceed $90 gross per month.

     (iv)   A personal needs allowance deduction of $110 a month for a person in an ICF/MR who has sheltered workshop earnings or other earnings from therapeutic activities arranged by the institution which are more than $90 gross per month but do not exceed $150 gross per month.

     (v)   A personal needs allowance deduction of $110 a month plus 50% of the difference between the actual gross earnings and $150.01, subject to a maximum personal needs allowance deduction equal to the one person NMP-MA income limit in Appendix A if the person in an ICF/MR has sheltered workshop earnings or other earnings from therapeutic activities arranged by the institution which are more than $150 gross per month.

   (2)  If the MA-eligible person’s spouse remains at home, an amount for the maintenance needs of the spouse.

     (i)   The maintenance need for the spouse in the community is reduced by the community spouse’s available income. The available income is obtained by determining the community spouse’s total gross earned income as specified in § §  181.91—181.96 (relating to types of earned income counted for the aged, blind and disabled categories); the total gross unearned income as specified in § §  181.101—181.109.

     (ii)   The amount of the community spouse’s monthly available income is then compared to the monthly standard community spouse maintenance need allowance under 42 U.S.C.A. §  1396r-5(d)(3)(A) and (B) plus an excess shelter allowance for the couple’s principal residence. The excess monthly shelter allowance is the amount by which the actual monthly verified shelter expenses specified in subparagraph (iii) exceed the excess shelter standard in 42 U.S.C.A. §  1396r-5(d)(4)(A) and (B). The monthly standard community spouse maintenance need allowance and the excess monthly shelter standard will be changed effective July of each year based on 42 U.S.C.A. §  1396r-5(d)(3)(B). Revisions required by Federal law and regulations to the amounts will be published as a notice in the Pennsylvania Bulletin and will be made available upon request at the CAOs.

     (iii)   Actual verified monthly shelter expenses include rent, mortgage payment, including principal and interest, taxes and insurance, and the maintenance charge for a condominium or cooperative and an amount for utilities. The amount for utilities is one of the two standard utility allowances (SUAs) or the telephone cost only rate contained in the Department’s Food Stamp Handbook, Chapter 560, Income Deductions. The two SUAs are based on the standard utility allowance specified in section 5(e) of the Food Stamp Act of 1977 (Pub. L. 95-400, 92 Stat. 856) (September 30, 1978) and 7 CFR 273.9(d)(6) (relating to income and deductions) and are set forth in a waiver request approved by the United States Department of Agriculture, Food and Nutrition Service, under 7 CFR 272.3(c)(1)(ii) (relating to operating guidelines and forms). If all utility expenses including the telephone are included in the rent or the maintenance charge for a condominium or cooperative, no utility amount is deducted from the total determined in this subparagraph. Annual payments for items such as taxes and insurance shall be converted to a monthly figure.

     (iv)   The monthly payment of the community spouse maintenance need allowance may not exceed the maximum monthly community spouse maintenance need amount specified in 42 U.S.C.A. §  1396r-5(d)(3)(C) subject to adjustment under 42 U.S.C.A. §  1396r-5(g) unless the requirements in subparagraphs (ix) or (x) apply. Revisions required by Federal law and regulations to the amounts will be published as a notice in the Pennsylvania Bulletin and will be made available upon request at the CAOs.

     (v)   If the community spouse’s net monthly income is equal to, or exceeds, the amount determined in subparagraph (ii), no community spouse maintenance need allowance deduction is provided.

     (vi)   If the community spouse’s net monthly income is less than the amount determined in subparagraph (ii), the community spouse’s net monthly income is subtracted from the amount in subparagraph (ii) to determine the monthly community spouse maintenance need allowance. Only the amount actually provided to, or for the benefit of, the community spouse by the institutionalized spouse is deducted. The CAO is responsible for obtaining verification from the institutionalized spouse or someone acting on his behalf, in writing, of the amount the institutionalized spouse intends to give to the community spouse. The amount shall be verified by the CAO, in writing, at each application/reapplication or whenever the institutionalized spouse or someone acting on his behalf indicates, in writing, that the amount has changed.

     (vii)   The requirements in this paragraph no longer apply beginning the first full calendar month following changes in the couple’s circumstances which end the community spouse/institutionalized spouse relationship.

     (viii)   The community spouse maintenance need allowance may exceed the amount determined in subparagraph (ii) and the amount specified in subparagraph (iv) if a greater amount is ordered through a court support order under 42 U.S.C.A. §  1396r-5(d)(5).

     (ix)   The community spouse maintenance need allowance may exceed the amount determined in subparagraph (ii) and the amount specified in subparagraph (iv) if a greater amount is determined as a result of a Departmental hearing decision in which either spouse establishes that the community spouse needs income above the standard due to exceptional circumstances resulting in significant financial duress. The CAO shall review the increased income need established by the Departmental hearing decision at each application/reapplication or whenever a change in the circumstances that warranted the increase no longer exist.

     (x)   A written notice of the monthly community spouse maintenance need allowance and the right to appeal the amount shall be provided to both members of the couple.

   (3)  If the MA-eligible person has a community spouse and dependent children, dependent parents or dependent siblings of either member of the couple living at home with the community spouse, an amount for the maintenance needs of the other family members.

     (i)   A dependent child of either member of the couple who lives with the community spouse is a child of any age who is or may be claimed as a dependent by either member of the couple for tax purposes under the IRC.

     (ii)   A dependent parent is the parent of either member of the couple who lives with the community spouse and who is or may be claimed as a dependent by either member of the couple for tax purposes under the IRC.

     (iii)   A dependent sibling of either member of a couple which includes half-brothers, half-sisters and siblings by adoption who lives with the community spouse and who is or may be claimed as a dependent by either member of the couple for tax purposes under the IRC.

     (iv)   The family member maintenance need amount is reduced by the family member’s available income. The available income is obtained by determining the family member’s total gross earned income as specified in § §  181.91—181.96; the total gross unearned income as specified in § §  181.101—181.109. The income of a dependent child or a child regardless of age who is blind or disabled who does not receive SSI minus the exemptions specified in §  181.110(c) (relating to income deemed available from the spouse) shall also be obtained.

     (v)   In addition, if the child is a student, the child’s earned income up to $1,200 a calendar quarter, but not more than $1,620 per year is excluded.

     (vi)   The net amount of the dependent family member’s income is then compared to the standard monthly dependent family member maintenance allowance under 42 U.S.C.A. §  1396r-5(d)(1)(C) and (3)(A)(i). Revisions required by Federal law and regulations to the amounts will be published as a notice in the Pennsylvania Bulletin and will be made available upon request at the CAOs.

     (vii)   If the dependent family member’s income equals, or exceeds, the standard, no dependent family member maintenance need allowance deduction is provided.

     (viii)   If the dependent family member’s income is less than the standard, the dependent family member’s income is subtracted from the standard. The dependent family member’s maintenance need allowance deduction is 1/3 of the remaining amount.

     (ix)   The dependent family member’s maintenance need allowance deduction, which may not exceed the institutionalized spouse’s remaining available income, shall be deducted from the institutionalized spouse’s income even if the amount is not actually given to the family member by the institutionalized spouse.

     (x)   A written notice of the family member maintenance need allowance and the right to appeal the amount deducted shall be provided to both members of the couple.

     (xi)   The requirements in this paragraph no longer apply beginning the first full calendar month following changes in the dependent family member’s or the institutionalized spouse’s circumstances which end the dependent family member’s/institutionalized spouse’s relationship.

   (4)  If the MA-eligible person has no spouse in the community with whom he lived before being institutionalized but does have a dependent child or a disabled child, a dependent child maintenance need allowance is determined.

     (i)   A dependent child for this subsection is a child who is not married, not the head of a household, and is either 17 years of age or younger, or if a student, 21 years of age or younger and is or may be claimed as a dependent by the institutionalized person for tax purposes under the IRC.

     (ii)   A disabled child is a child who meets the eligibility conditions as a disabled person and is claimed as a dependent by the institutionalized person for tax purposes under the IRC.

     (iii)   The dependent child maintenance need allowance is reduced by the dependent/disabled child’s available income. The available income is obtained by determining the dependent/disabled child’s total gross earned income as specified in § §  181.91—181.96 and the total gross unearned income as specified in § §  181.101—181.109. The available income is also obtained by determining the income of a dependent child or a child regardless of age who is blind or disabled who does not receive SSI minus the exemptions specified in §  181.110(c). In addition, if the dependent child is a student, the child’s earned income up to $1,200 a calendar quarter, but not more than $1,620 per year, is excluded.

     (iv)   The net income of the dependent child is then compared to the one person MA income limit in Appendix C for the county in which the dependent child resides. If the dependent child resides out-of-State, the amount listed in Schedule No. 2 in Appendix C for one person is used.

     (v)   The net income of the disabled child is then compared to the one person MA income limit in Appendix A.

     (vi)   If the dependent or disabled child’s net income is less than the amount in subparagraph (iv) or (v), the dependent/disabled child’s maintenance need allowance is the difference between the net income and the amount in subparagraph (iv) or (v).

     (vii)   This amount, which may not exceed the institutionalized person’s remaining available income, is deducted from the institutionalized person’s income only if the amount is given to the dependent/disabled child. The CAO is responsible for obtaining verification from the institutionalized spouse or someone acting on his behalf, in writing, of the amount the institutionalized person intends to give to the dependent or disabled child. The amount shall be verified by the CAO, in writing, at each application/reapplication or whenever the institutionalized person or someone acting on the person’s behalf indicates, in writing, that the amount has changed.

     (viii)   A written notice of the dependent/disabled child maintenance need allowance and the right to appeal the amount shall be provided to the institutionalized person.

     (ix)   The requirements in this paragraph no longer apply beginning the first full calendar month following changes in the dependent/ disabled child’s or the institutionalized person’s circumstances which end the dependent/disabled child’s or institutionalized person’s relationship.

   (5)  The following medical expenses which are not subject to payment by a third party are deducted in the calendar month the medical expenses are paid.

     (i)   Medicare and other health insurance premiums, including enrollment fees, deductibles or coinsurance charges incurred by the MA eligible person.

     (ii)   Copayments or deductibles, including the amount an applicant/recipient participating in the Copayment Program is required to pay by the Department subject to the Department’s established copayment limit.

     (iii)   Expenses paid by the MA eligible person for necessary medical or remedial care recognized under State statutes or regulations but not covered under the MA Program.

   (6)  An amount for maintenance of a single MA eligible person’s home if a physician has certified that he is likely to return to his home within a 6-month period from the date he entered the facility. When this deduction is given, it may not be deducted for more than one 6-consecutive month period. The maintenance need amount for the single person is the MA income limit for one person in Appendix A. A home is defined as the residence maintained by the MA eligible person before he entered the facility and to which he plans to return. If a person is discharged and subsequently returns to a facility, the single MA eligible person is eligible for a new 6 consecutive month period for this deduction if a physician certifies that the person is likely to return to his home within a 6-month period from the date of admittance to the facility.

 (e)  The amount that the MA eligible person is expected to pay toward the cost of care is the amount that remains and as adjusted under subsection (c), if applicable, and after the deductions in subsection (d) are applied to the person’s total gross income as determined under subsections (a) and (b).

Authority

   The provisions of this §  181.452 issued under section 403(b) of the Public Welfare Code (62 P. S. §  403(b)); amended under sections 201, 403 and 443.1 of the Public Welfare Code (62 P. S. § §  201, 403 and 443.1).

Source

   The provisions of this §  181.452 adopted August 26, 1988, effective November 1, 1988, 18 Pa.B. 3949; amended February 15, 1991, effective March 1, 1991, 21 Pa.B. 624; amended August 16, 1991, effective August 17, 1991, 21 Pa.B. 3704; amended January 24, 1992, effective upon publication and apply retroactively to April 1, 1989, 22 Pa.B. 357; amended August 28, 1992, effective upon publication and apply retroactively to October 1, 1989, 22 Pa.B. 4432; corrected September 11, 1992, effective December 1, 1991, 22 Pa.B. 4627; corrected November 26, 1993, effective December 5, 1992, 23 Pa.B. 5639; amended June 19, 1998, effective June 20, 1998, and apply retroactively to March 1, 1991, 28 Pa.B. 2810; amended June 15, 2001, effective June 16, 2001, apply retroactively to June 1, 1994, 31 Pa.B. 3200. Immediately preceding text appears at serial pages (244848) to (244856).

Notes of Decisions

   Construction; No Deference to Agency

   Although courts generally defer to an agency’s interpretation of regulatory text, where the meaning of a regulation is essentially a question of law for the court, and where the court deems the agency’s interpretation to be unwise or erroneous, that deference is unwarranted. Davis v. Department of Public Welfare, 776 A.2d 1026 (Pa. Cmwlth. 2001).

   Exceptional Circumstances

   In a case of first impression, the court held that deciding whether the community spouse needs income above the standard due to ‘‘exceptional circumstances,’’ requires that the circumstances be exceptional, not the expenses themselves. Davis v. Department of Public Welfare, 776 A.2d 1026 (Pa. Cmwlth. 2001).

   Legislative Intent

   The application of the ‘‘exceptional circumstances’’ standard is consistent with the intent of the public welfare statute, which is to enable the community spouse to reside in the community and prevent his impoverishment. Davis v. Department of Public Welfare, 776 A.2d 1026 (Pa. Cmwlth. 2001).

   MMMNA Not Available Income

   The minimum monthly maintenance needs allowed (MMMNA) of the community spouse is excluded from income available in determining whether the institutionalized spouse is eligible for Medicare Assistance. Davis v. Department of Public Welfare, 776 A.2d 1026 (Pa. Cmwlth. 2001).

   Proof

   The community spouse must present proof that specific expenses are ‘‘exceptional circumstances resulting in significant financial duress’’ in order to be granted an increase in the MMMNA. The fact that the community spouse’s repayment obligation of unreimbursed medical expenses is 80% of her remaining disposable income is the type of exceptional circumstance creating financial duress contemplated by the General Assembly. Therefore, the hearing officer’s focus on the nature of the expense, rather than on the community spouse’s exceptional circumstances, was improper. Davis v. Department of Public Welfare, 776 A.2d 1026 (Pa. Cmwlth. 2001).

Cross References

   This section cited in 55 Pa. Code §  178.124 (relating to resource eligibility for the institutionalized spouse); 55 Pa. Code §  181.81 (relating to items that are not income); and 55 Pa. Code §  181.453 (relating to determination of MA payment toward cost of care in institutions).

§ 181.452a. Clarification of posteligibility determination of income available from an MA-eligible person toward the cost of care—statement of policy.

 (a)  Consistent with section 1902(r)(1)(B)(i) of the Social Security Act (42 U.S.C.A. §  1396a(r)(1)(B)(i)), for a resident of a State Veterans Home who is participating in the Enhanced Veterans Reimbursement initiative, and who does not have a spouse or dependent child, the veterans aid and attendance portion of the Veterans Affairs pension in excess of $90 per month is counted when determining the MA eligible person’s payment toward cost of care.

 (b)  Subsection (a) also applies to the surviving spouse of a veteran who does not have a child. See section 1902(r)(1)(B)(ii)) of the Social Security Act.

Source

   The provisions of this §  181.452a adopted April 3, 2015, effective April 4, 2015, 45 Pa.B. 1633.

§ 181.453. Determination of MA payment toward cost of care in institutions.

 (a)  A person who is eligible for MA is eligible for a contribution from the Department toward the cost of his skilled nursing care, heavy care/intermediate services or intermediate care or services in an ICF/MR facility, if the amount of his payment determined under §  181.452 (relating to posteligibility determina tion of income available from an MA eligible person toward his cost of care) is less than the MA payment rate multiplied by the total number of days of care received by the MA eligible person.

 (b)  The contribution from the Department toward the cost of care is the difference between the MA payment rate multiplied by the total number of days of care received by the MA eligible person less the amount of the payment determined under §  181.452.

 (c)  If an MA eligible person is determined under §  181.452 to have income sufficient to reduce the Department’s payment to zero, the MA eligible person is not obligated to pay a greater amount than the Department’s payment rate toward his cost of care.

Authority

   The provisions of this §  181.453 issued under section 403(b) of the Public Welfare Code (62 P. S. §  403(b)).

Source

   The provisions of this §  181.453 adopted August 26, 1988, effective November 1, 1988, 18 Pa.B. 3949; amended August 28, 1992, effective upon publication and apply retroactively to October 1, 1989, 22 Pa.B. 4432. Immediately preceding text appears at serial page (168654).

APPENDIX A
Categorically Needy Nonmoney Payment
Monthly Income Limits for the Aged,
Blind and Disabled Categories
Effective January 1, 2013

1 Person	$710.00
2 Persons	$1,066.00

Authority

   The provisions of this Appendix A issued under section 403(b) of the Public Welfare Code (62 P. S. §  403(b)).

Source

   The provisions of this Appendix A adopted August 26, 1988, effective November 1, 1988, 18 Pa.B. 3949; amended July 12, 1991, effective January 1, 1991, 21 Pa.B. 3184; amended March 20, 1992, effective January 1, 1992, 22 Pa.B. 1307; amended January 14, 1994, effective January 1, 1994, 24 Pa.B. 414; amended March 24, 1995, effective January 1, 1995, 25 Pa.B. 1129; amended April 12, 1996, effective January 1, 1996, 26 Pa.B. 1762; amended April 11, 1997, effective January 1, 1997, 27 Pa.B. 1891; amended May 4, 2001, effective January 1, 2001, 31 Pa.B. 2443; amended April 26, 2002, effective January 1, 2002, 32 Pa.B. 2166; amended April 16, 2004, effective April 17, 2004, 34 Pa.B. 2139; amended February 3, 2006, effective January 1, 2006, 36 Pa.B. 628; amended May 18, 2007, effective May 19, 2007, 37 Pa.B. 2353; amended March 14, 2008, effective January 1, 2008, 38 Pa.B. 1318; amended May 24, 2013, effective January 1, 2013, 43 Pa.B. 2968. Immediately preceding text appears at serial pages (332749) to (332750).

Cross References

   This appendix cited in 55 Pa. Code §  178.91 (relating to deeming of resources); 55 Pa. Code §  178.105 (relating to presumption of disposition of assets to qualify for MA for transfers on or after July 30, 1994); 55 Pa. Code §  181.1 (relating to general policy on MA income common to all categories of MA); 55 Pa. Code §  181.11 (relating to continuing eligibility); 55 Pa. Code §  181.12 (relating to retroactive eligibility); 55 Pa. Code §  181.13 (relating to eligibility under NMP-MA spend-down); 55 Pa. Code §  181.110 (relating to income deemed available from the spouse); and 55 Pa. Code §  181.452 (relating to posteligibility determination of income available from an MA eligible person toward his cost of care).

APPENDIX B
Categorically Needy Nonmoney Payment
Monthly Income Limits for the Aged,
Blind and Disabled Categories Receiving
Skilled Care, Heavy Care/Intermediate
Services or Intermediate Care
Effective January 1, 2013

1 Person

$2,130.00

Authority

   The provisions of this Appendix B issued under section 403(b) of the Public Welfare Code (62 P. S. §  403(b)).

Source

   The provisions of this Appendix B adopted August 26, 1988, effective November 1, 1988, 18 Pa.B. 3949; amended July 12, 1991, effective January 1, 1991, 21 Pa.B. 3184; amended March 20, 1992, effective January 1, 1992, 22 Pa.B. 1307; amended January 14, 1994, effective January 1, 1994, 24 Pa.B. 414; amended March 24, 1995, effective January 1, 1995, 25 Pa.B. 1129; amended April 12, 1996, effective January 1, 1996, 26 Pa.B. 1762; amended April 11, 1997, effective January 1, 1997, 27 Pa.B. 1891; amended May 4, 2001, effective January 1, 2001, 31 Pa.B. 2443; amended April 26, 2002, effective January 1, 2002, 32 Pa.B. 2166; amended April 16, 2004, effective April 17, 2004, 34 Pa.B. 2139; amended February 3, 2006, effective January 1, 2006, 36 Pa.B. 628; amended May 18, 2007, effective May 19, 2007, 37 Pa.B. 2353; amended March 14, 2008, effective January 1, 2008, 38 Pa.B. 1318; amended May 24, 2013, effective January 1, 2013, 43 Pa.B. 2968. Immediately preceding text appears at serial page (332750).

Cross References

   This appendix cited in 55 Pa. Code §  178.175 (relating to presumption of disposition of assets to qualify for MA for transfers on or after July 30, 1994); 55 Pa. Code §  181.1 (relating to general policy on MA income common to all categories of MA); 55 Pa. Code §  181.11 (relating to continuing eligibility); and 55 Pa. Code §  181.71 (relating to special NMP-MA income limit for institutionalized aged, blind and disabled persons).

APPENDIX C
CATEGORICALLY NEEDY NONMONEY PAYMENT MONTHLY
INCOME LIMITS FOR THE AID TO FAMILIES WITH
DEPENDENT CHILDREN RELATED CATEGORIES AND THE GENERAL
ASSISTANCE RELATED CATEGORIES
EFFECTIVE JANUARY 1, 1990

 NUMBER OF PERSONS IN APPLICANT/RECIPIENT GROUP

							eachadditional
Schedule	1	2	3	4	5	6	person
1	$215	$330	$421	$514	$607	$687	$83
Bucks	Chester		Lancaster		Montgomery		Pike
2 Adams Allegheny Berks Blair Bradford Butler	$205CentreColumbiaCrawfordCumberlandDauphinDelaware	$316	$403ErieLackawannaLebanonLehighLuzerneLycoming	$497	$589MonroeMontourNorthamptonPhiladelphiaSullivanSusquehanna	$670	$83Union Warren Wayne Westmoreland Wyoming York
3 BeaverCameronCarbonClinton	$195ElkFranklinIndiana	$305	$393LawrenceMcKeanMercer	$479	$569MifflinPerryPotter	$647	$83SnyderTiogaVenangoWashington
4 ArmstrongBedfordCambria	$174ClarionClearfieldFayette	$279	$365ForestFultonGreene	$454	$543HuntingdonJeffersonJuniata	$614	$83Northumber-landSchuylkillSomerset

   Note: If a pregnancy is medically verified, the unborn child is counted as a member of the applicant/recipient group when establishing the income limits. If multiple births are expected and verified, each unborn child is counted.

Authority

   The provisions of this Appendix C issued under section 403(b) of the Public Welfare Code (62 P. S. §  403(b)).

Source

   The provisions of this Appendix C adopted August 26, 1988, effective November 1, 1988, 18 Pa.B. 3949; amended February 2, 1990, effective February 3, 1990, 20 Pa.B. 554. Immediately preceding text appears at serial page (130659).

Cross References

   This appendix cited in 55 Pa. Code §  181.1 (relating to general policy on MA income common to all categories of MA); 55 Pa. Code §  181.11 (relating to continuing eligibility); 55 Pa. Code §  181.12 (relating to retroactive eligibility); 55 Pa. Code §  181.13 (relating to eligibility under NMP-MA spend-down); and 55 Pa. Code §  181.285 (relating to income deemed available from the LRR).

APPENDIX D
Monthly Federal Benefit Rate
Effective January 1, 2013

1 Person	$710.00
2 Persons	$1,066.00

Percentages of Monthly Federal
Benefit Rate
Effective January 1, 2013

    Item 1) 50% of Federal Benefit Rate for 1 person = $355.00

    Item 2) 50% of Federal Benefit Rate for 2 persons = $533.00

Authority

   The provisions of this Appendix D issued under section 403(b) of the Public Welfare Code (62 P. S. §  403(b)).

Source

   The provisions of this Appendix D adopted August 26, 1988, effective November 1, 1988, 18 Pa.B. 3949; amended July 12, 1991, effective January 1, 1991, 21 Pa.B. 3184; amended March 20, 1992, effective January 1, 1992, 22 Pa.B. 1307; amended January 14, 1994, effective January 1, 1994, 24 Pa.B. 414; amended March 24, 1995, effective January 1, 1995, 25 Pa.B. 1129; amended April 12, 1996, effective January 1, 1996, 26 Pa.B. 1762; amended April 11, 1997, effective January 1, 1997, 27 Pa.B. 1891; amended May 4, 2001, effective January 1, 2001, 31 Pa.B. 2443; amended April 26, 2002, effective January 1, 2002, 32 Pa.B. 2166; amended April 16, 2004, effective April 17, 2004, 34 Pa.B. 2139; amended February 3, 2006, effective January 1, 2006, 36 Pa.B. 628; amended May 18, 2007, effective May 19, 2007, 37 Pa.B. 2353; amended March 14, 2008, effective January 1, 2008, 38 Pa.B. 1318; amended May 24, 2013, effective January 1, 2013, 43 Pa.B. 2968. Immediately preceding text appears at serial page (332752).

Cross References

   This appendix cited in 55 Pa. Code §  181.1 (relating to general policy on MA income common to all categories of MA); and 55 Pa. Code §  181.110 (relating to income deemed available from the spouse).

APPENDIX E
ONE-THIRD OF THE CATEGORICALLY NEEDY NONMONEY PAYMENT MONTHLY INCOME LIMITS FOR THE AID TO FAMILIES WITH DEPENDENT CHILDREN RELATED CATEGORIES AND THE GENERAL ASSISTANCE RELATED CATEGORIES
EFFECTIVE JANUARY 1, 1990

MONTHLY AMOUNT	ONE-THIRD AMOUNT
$ 83.00 =	$ 27.66
174.00 =	58.00
195.00 =	65.00
205.00 =	68.33
215.00 =	71.66
279.00 =	93.00
305.00 =	101.66
316.00 =	105.33
330.00 =	110.00
365.00 =	121.66
393.00 =	131.00
403.00 =	134.33
421.00 =	140.33
454.00 =	151.33
479.00 =	159.66
497.00 =	165.66
514.00 =	171.33
543.00 =	181.00
569.00 =	189.66
589.00 =	196.33
607.00 =	202.33
614.00 =	204.66
647.00 =	215.66
670.00 =	223.33
687.00 =	229.00

   Note: If a pregnancy is medically verified, the unborn is counted as a member of the applicant/recipient group when establishing the income limits. If multiple births are expected and verified, each unborn is counted.

Authority

   The provisions of this Appendix E issued under section 403(b) of the Public Welfare Code (62 P. S. §  403(b)).

Source

   The provisions of this Appendix E adopted August 26, 1988, effective November 1, 1988, 18 Pa.B. 3949; amended February 2, 1990, effective February 3, 1990, 20 Pa.B. 554. Immediately preceding text appears at serial page (130641).

Cross References

   This appendix cited in 55 Pa. Code §  181.1 (relating to general policy on MA income common to all categories of MA).

APPENDIX F
SIX-MONTH PERIOD
MEDICALLY NEEDY INCOME LIMITS
(MNIL)

1 PERSON	$2,450
2 PERSONS	$2,650
3 PERSONS	$2,800
4 PERSONS	$3,400
5 PERSONS	$4,050
6 PERSONS	$4,550
EACH ADDITIONAL PERSON	$ 550

   Note: If a pregnancy is medically verified, the unborn is counted as a member of the applicant/recipient group when establishing the income limits. If multiple births are expected and verified, each unborn is counted.

Authority

   The provisions of this Appendix F issued under section 403(b) of the Public Welfare Code (62 P. S. §  403(b)).

Source

   The provisions of this Appendix F adopted August 26, 1988, effective November 1, 1988, 18 Pa.B. 3949; amended February 2, 1990, effective February 3, 1990, 20 Pa.B. 554. Immediately preceding text appears at serial page (130642).

Cross References

   This appendix cited in 55 Pa. Code §  181.1 (relating to general policy on MA income common to all categories of MA); 55 Pa. Code §  181.11 (relating to continuing eligibility); 55 Pa. Code §  181.12 (relating to retroactive eligibility); 55 Pa. Code §  181.14 (relating to eligibility under MNO-MA spend-down); and 55 Pa. Code §  181.110 (relating to income deemed available from the spouse).

APPENDIX G
MONTHLY
MEDICALLY NEEDY INCOME LIMITS
(MNIL)

1 PERSON	$408
2 PERSONS	$442
3 PERSONS	$467
4 PERSONS	$567
5 PERSONS	$675
6 PERSONS	$758
EACH ADDITIONAL PERSON	$ 92

   Note: If a pregnancy is medically verified, the unborn is counted as a member of the applicant/recipient group when establishing the income limits. If multiple births are expected and verified, each unborn is counted.

Authority

   The provisions of this Appendix G issued under section 403(b) of the Public Welfare Code (62 P. S. §  403(b)).

Source

   The provisions of this Appendix G adopted August 26, 1988, effective November 1, 1988, 18 Pa.B. 3949; amended February 2, 1990, effective February 3, 1990, 20 Pa.B. 554. Immediately preceding text appears at serial pages (130642) to (130643).

Cross References

   This appendix cited in 55 Pa. Code §  181.1 (relating to general policy on MA income common to all categories of MA); 55 Pa. Code §  181.12 (relating to retroactive eligibility); 55 Pa.Code §  181.110 (relating to income deemed available from the spouse); and 55 Pa. Code §  181.285 (relating to income deemed available from the LRR).

APPENDIX H
ONE-THIRD OF THE MONTHLY
MEDICALLY NEEDY INCOME LIMITS

1 PERSON	$136.00
2 PERSONS	$147.00
3 PERSONS	$156.00
4 PERSONS	$189.00
5 PERSONS	$225.00
6 PERSONS	$253.00
EACH ADDITIONAL PERSON	$ 31.00

   Note: If a pregnancy is medically verified, the unborn is counted as a member of the applicant/recipient group when establishing the income limits. If multiple births are expected and verified, each unborn is counted.

Authority

   The provisions of this Appendix H issued under section 403(b) of the Public Welfare Code (62 P. S. §  403(b)).

Source

   The provisions of this Appendix H adopted August 26, 1988, effective November 1, 1988, 18 Pa.B. 3949; amended February 2, 1990, effective February 3, 1990, 20 Pa.B. 554. Immediately preceding text appears at serial page (130643).

Cross References

   This appendix cited in 55 Pa. Code §  181.1 (relating to general policy on MA income common to all categories of MA).

APPENDIX I
STANDARD OF NEED

SCHEDULE	NUMBER OF PERSONS IN APPLICANT/RECIPIENT GROUP
1
1 $313	2 $481	3 $614	4 $749	5 $885	6 $1001	EachAdditionalPerson$121
Bucks	Chester	Lancaster		Montgomery		Pike
SCHEDULE	NUMBER OF PERSONS IN APPLICANT/RECIPIENT GROUP
2
1 $298	2 $461	3 $587	4 $724	5 $859	6 $976	EachAdditionalPerson$121
Adams Allegheny Berks Blair Bradford Butler	Centre Columbia Crawford Cumberland Dauphin Delaware	Erie Lackawanna Lebanon Lehigh Luzerne Lycoming		Monroe Montour Northampton Philadelphia Sullivan Susquehanna		Union Warren Wayne Westmoreland Wyoming York
SCHEDULE	NUMBER OF PERSONS IN APPLICANT/RECIPIENT GROUP
3
1 $284	2 $444	3 $573	4 $698	5 $829	6 $943	EachAdditionalPerson$121
Beaver Cameron Carbon Clinton	Elk Franklin Indiana	Lawrence McKean Mercer		Mifflin Perry Potter		Snyder Tioga Venango Washington
SCHEDULE	NUMBER OF PERSONS IN APPLICANT/RECIPIENT GROUP
4
1 $253	2 $406	3 $532	4 $662	5 $791	6 $894	EachAdditionalPerson$121
Armstrong Bedford Cambria	Clarion Clearfield Fayette	Forest Fulton Greene		Huntingdon Jefferson Juniata		Northumberland Schuylkill Somerset

   Note: If a pregnancy is medically verified, the unborn child is counted as a member of the applicant/recipient group when establishing the income limits. If multiple births are expected and verified, each unborn child is counted.

Authority

   The provisions of this Appendix I issued under section 403(b) of the Public Welfare Code (62 P. S. §  403(b)).

Source

   The provisions of this Appendix I adopted August 26, 1988, effective November 1, 1988, 18 Pa.B. 3949.

Cross References

   This appendix cited in 55 Pa. Code §  181.1 (relating to general policy on MA income common to all categories of MA); 55 Pa. Code §  181.311 (relating to deductions from earned income for the AFDC categories of NMP-MA); 55 Pa.Code §  181.313 (relating to deductions from earned income for the GA categories of NMP-MA); and 55 Pa. Code §  181.314 (relating to deductions from earned income for the GA categories of MNO-MA).

APPENDIX J
NMP-MA GROSS INCOME TEST LIMITS

SCHEDULE	NUMBER OF PERSONS IN APPLICANT/RECIPIENT GROUP
1
1 $579	2 $890	3 $1136	4 $1386	5 $1637	6 $1852	EachAdditionalPerson$224
Bucks	Chester	Lancaster		Montgomery		Pike
SCHEDULE	NUMBER OF PERSONS IN APPLICANT/RECIPIENT GROUP
2
1 $551	2 $853	3 $1086	4 $1339	5 $1589	6 $1809	EachAdditionalPerson$224
Adams Allegheny Berks Blair Bradford Butler	Centre Columbia Crawford Cumberland Dauphin Delaware	Erie Lackawanna Lebanon Lehigh Luzerne Lycoming		Monroe Montour Northampton Philadelphia Sullivan Susquehanna		Union Warren Wayne Westmoreland Wyoming York
SCHEDULE	NUMBER OF PERSONS IN APPLICANT/RECIPIENT GROUP
3
1 $525	2 $821	3 $1060	4 $1291	5 $1534	6 $1745	EachAdditionalPerson$224
Beaver Cameron Carbon Clinton	Elk Franklin Indiana	Lawrence McKean Mercer		Mifflin Perry Potter		Snyder Tioga Venango Washington
SCHEDULE	NUMBER OF PERSONS IN APPLICANT/RECIPIENT GROUP
4
1 $468	2 $751	3 $984	4 $1225	5 $1463	6 $1654	EachAdditionalPerson$224
Armstrong Bedford Cambria	Clarion Clearfield Fayette	Forest Fulton Greene		Huntingdon Jefferson Juniata		Northumberland Schuylkill Somerset

   Note: If a pregnancy is medically verified, the unborn child is counted as a member of the applicant/recipient group when establishing the income limits. If multiple births are expected and verified, each unborn child is counted.

Authority

   The provisions of this Appendix J issued under section 403(b) of the Public Welfare Code (62 P. S. §  403(b)).

Source

   The provisions of this Appendix J adopted August 26, 1988, effective November 1, 1988, 18 Pa.B. 3949.

Cross References

   This appendix cited in 55 Pa. Code §  181.1 (relating to general policy on MA income common to all categories of MA).

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