Assistance standards are the amounts of money allowed on a
monthly basis to recipients of state supplementary assistance in determining
financial need and the amount of assistance granted. Current assistance
standards will be published on the department's website. Assistance standards
will be adjusted annually to reflect cost-of-living adjustments (COLA) adopted
by the Social Security Administration, in accordance with
20 CFR §
416.2095 and
20 CFR §
416.2096 as amended to March 15, 2022.
Adjustments to the assistance standards based on COLA are effective January 1
of each year.
(1)
Protective
living arrangement. Assistance standards will be established by the
department as provided in this chapter for care and personal allowances for
persons living in a family-life home certified under rules in 441-Chapter
111.
(2)
Dependent
relative. Assistance standards for the following categories will be
established by the department as provided in this chapter for state
supplementary assistance for dependent relatives residing in a recipient's
home.
a. Aged or disabled client and a
dependent relative.
b. Aged or
disabled client, eligible spouse, and a dependent relative.
c. Blind client and a dependent
relative.
d. Blind client, aged or
disabled spouse, and a dependent relative.
e. Blind client, blind spouse, and a
dependent relative.
(3)
Residential care. For periods of eligibility before July 1,
2017, the department will reimburse a recipient in either a privately operated
or non-privately operated residential care facility on a flat per diem rate or
on a cost-related reimbursement system with a maximum per diem rate established
consistent with the assistance standards principles provided in this chapter.
For periods of eligibility beginning July 1, 2017, and
thereafter, payment to a recipient in a licensed residential care facility will
be based on the maximum per diem rate.
The facility shall accept the per diem rate established by
the department for state supplementary assistance recipients as payment in full
from the recipient and make no additional charges to the recipient.
a. All income of a recipient as described in
this subrule after the disregards described in this subrule will be applied to
meet the cost of care before payment is made through the state supplementary
assistance program.
Income applied to meet the cost of care will be the income
considered available to the resident pursuant to supplemental security income
(SSI) policy plus the SSI benefit less the following monthly disregards applied
in the order specified:
(1) When
income is earned, impairment-related work expenses, as defined by SSI plus $65
plus one-half of any remaining earned income.
(2) An allowance established by the
department consistent with this chapter will be given to meet personal expenses
and Medicaid copayment expenses.
(3) When there is a spouse at home, the
amount of the SSI benefit for an individual minus the spouse's countable income
according to SSI policies. When the spouse at home has been determined eligible
for SSI benefits, no income disregard will be made.
(4) When there is a dependent child living
with the spouse at home who meets the definition of a dependent according to
the SSI program, the amount of the SSI allowance for a dependent minus the
dependent's countable income and the amount of income from the parent at home
that exceeds the SSI benefit for one according to SSI policies.
(5) Established unmet medical needs of the
resident, excluding private health insurance premiums and Medicaid copayment
expenses. Unmet medical needs of the spouse at home, exclusive of health
insurance premiums and Medicaid copayment expenses, will be an additional
deduction when the countable income of the spouse at home is not sufficient to
cover those expenses. Unmet medical needs of the dependent living with the
spouse at home, exclusive of health insurance premiums and Medicaid copayment
expenses, will also be deducted when the countable income of the dependent and
the income of the parent at home that exceeds the SSI benefit for one is not
sufficient to cover the expenses.
(6) The income of recipients of state
supplementary assistance or Medicaid needed to pay the cost of care in another
residential care facility, a family-life home, an in-home health-related care
provider, a home- and community-based waiver setting, or a medical institution
is not available to apply to the cost of care. The income of a resident who
lived at home in the month of entry will not be applied to the cost of care
except to the extent the income exceeds the SSI benefit for one person or for a
married couple if the resident also had a spouse living in the home in the
month of entry.
b.
Payment is made for only the days the recipient is a resident of the facility.
Payment must be made for the date of entry into the facility, but not the date
of death or discharge.
c. Payment
must be made in the form of a grant to the recipient on a post payment
basis.
d. Payment must not be made
when income is sufficient to pay the cost of care in a month with less than 31
days, but the recipient shall remain eligible for all other benefits of the
program.
e. Payment will be made
for periods the resident is absent overnight for the purpose of visitation or
vacation. The facility will be paid to hold the bed for a period not to exceed
30 days during any calendar year unless a family member or legal guardian of
the resident, the resident's physician, case manager, or department service
worker provides signed documentation that additional visitation days are
desired by the resident and are for the benefit of the resident. This
documentation shall be obtained by the facility for each period of paid absence
that exceeds the 30-day annual limit. This information must be retained in the
resident's personal file. If documentation is not available to justify periods
of absence in excess of the 30-day annual limit, the facility shall submit a
Case Activity Report, on a form prescribed by the department, to the county
office of the department to terminate the state supplementary assistance
payment.
A family member may contribute to the cost of care for a
resident subject to supplementation provisions detailed in rule
441-51.2 (249) and any
contributions shall be reported to the county office of the department by the
facility.
f. Payment will
be made for a period not to exceed 20 days in any calendar month when the
resident is absent due to hospitalization. A resident may not start state
supplementary assistance on reserve bed days.
(4)
Blind. The standard for
a blind recipient not receiving another type of state supplementary assistance
is $22 per month.
(5)
In-home, health-related care. Payment to a person receiving
in-home, health-related care must be made in accordance with rules in
441-Chapter 177.
(6)
Minimum income level cases. The income level of those persons
receiving old age assistance, aid to the blind, and aid to the disabled in
December 1973 shall be maintained at the December 1973 level as long as the
recipient's circumstances remain unchanged and that income level is above
current standards. In determining the continuing eligibility for the minimum
income level, the income limits, resource limits, and exclusions that were in
effect in October 1972 shall be utilized.
(7)
Supplement for Medicare and
Medicaid eligibles. Payment to a person eligible for the supplement
for Medicare and Medicaid eligibles shall be $1 per month.
This rule is intended to implement Iowa Code chapter
249.
Notes
Iowa Admin. Code r.
441-52.1
ARC 7605B, IAB 3/11/09,
effective 4/15/09; ARC 8440B, IAB 1/13/10, effective 3/1/10; ARC 9965B, IAB
1/11/12, effective 1/1/12; ARC 0064C, IAB 4/4/12, effective 5/9/12; ARC 0489C,
IAB 12/12/12, effective 1/1/2013; ARC 0633C, IAB 3/6/2013, effective 5/1/2013;
ARC 1268C, IAB 1/8/2014, effective 1/1/2014; ARC 1352C, IAB 3/5/2014, effective
4/9/2014
Amended by
IAB
January 7, 2015/Volume XXXVII, Number 14, effective
1/1/2015
Amended by
IAB
March 4, 2015/Volume XXXVII, Number 18, effective
4/8/2015
Amended by
IAB
January 6, 2016/Volume XXXVIII, Number 14, effective
1/1/2016
Amended by
IAB
February 17, 2016/Volume XXXVIII, Number 17, effective
4/6/2016
Amended by
IAB
January 4, 2017/Volume XXXIX, Number 14, effective
1/1/2017
Amended by
IAB
March 1, 2017/Volume XXXIX, Number 18, effective
4/5/2017
Amended by
IAB
November 8, 2017/Volume XL, Number 10, effective
10/11/2017
Amended by
IAB
January 31, 2018/Volume XL, Number 16, effective
1/5/2018
Amended by
IAB
March 28, 2018/Volume XL, Number 20, effective
7/1/2018
Amended by
IAB
January 2, 2019/Volume XLI, Number 14, effective
1/1/2019
Amended by
IAB
March 13, 2019/Volume XLI, Number 19, effective
4/17/2019
Amended by
IAB
December 28, 2022/Volume XLV, Number 13, effective
2/1/2023
Adopted by
IAB
May 28, 2025/Volume XLVII, Number 24, effective
8/1/2025