PURPOSE: This rule defines institutions for
the purpose of establishing eligibility for Blind Pension pursuant to Chapter
209, RSMo, MO HealthNet pursuant to Chapter 208, RSMo, and Supplemental Payment
programs pursuant to section
208.030,
RSMo.
PUBLISHER'S NOTE: The secretary of state has
determined that the publication of the entire text of the material which is
incorporated by reference as a portion of this rule would be unduly cumbersome
or expensive. This material as incorporated by reference in this rule shall be
maintained by the agency at its headquarters and shall be made available to the
public for inspection and copying at no more than the actual cost of
reproduction. This note applies only to the reference material. The entire text
of the rule is printed here.
(1) Definitions-
(A) "Public institution" shall be defined
according to the definition in
42 CFR section
435.1010;
(B) "Inmate or resident of a public
institution" shall be defined according to the definition of "inmate of a
public institution" in 42
CFR section
435.1010.
1. This definition includes, but is not
limited to, an inmate serving time for a criminal offense, or who is being
confined in a local, state, or federal prison, jail, detention facility, or
other penal facility, regardless of adjudication status;
(C) "Patient" shall be defined according to
the definition in 42 CFR
section
435.1010;
(D) "Medical institution" shall be defined
according to the definition in
42 CFR section
435.1010;
(E) "Maintained" shall mean, for purposes of
this regulation, a blind person who is "maintained" in a private institution
that provides food and shelter to four (4) or more persons unrelated to the
proprietor; and
(F) "Private
institution" shall mean an "institution," as defined in
42 CFR section
435.1010, that does not meet the definition
of a public institution.
(2) Any claimant who is an inmate or resident
of a public institution, except as a patient in a medical institution, shall
not be eligible for Blind Pension, MO HealthNet, and Supplemental Payment
programs.
(3) For purposes of Blind
Pension only: Blind persons who are maintained in private or endowed
institutions shall not be eligible for the Blind Pension cash payment; however,
these persons may qualify for Mo HealthNet if they are otherwise eligible for
Blind Pension.
(4) The provisions
and definitions cited by this rule from the
Code of Federal
Regulations (CFR) are published on the Electronic Code of Federal
Regulations (ECFR) website at
https://www.ecfr.gov/cgi-bin/text-idx?rgn=div5;node=42%3A4.0.1.1.6#se42
.4.435_11010 and are hereby incorporated by reference and made part of this
rule as published by the office of Federal Register, National Archives and
Records Administration, Washington, DC 20408, February 6, 2020. This rule does
not incorporate any subsequent amendments or additions.
Notes
13 CSR
40-2.080
AUTHORITY:
sections 207.022 and
660.017, RSMo 2016.* Original
rule filed May 13, 1948, effective May 23, 1948. Amended: Filed Nov. 4, 1954,
effective Nov. 14, 1954; Original rule filed May 13, 1948, effective May 23,
1948. Amended: Filed Nov. 4, 1954, effective Nov. 14, 1954; Original rule filed
Sept. 26, 1951, effective Oct. 6, 1951 and original rule filed Sept. 26, 1951,
effective Oct. 6, 1951. Amended: Filed July 24, 1953, effective Oct. 4, 1953.
Amended: Filed Nov. 20, 1967, effective Nov. 30, 1967. Combining these four (4)
rules filed March 24, 1976. Amended: Filed Sept. 22, 2017, effective May 30,
2018. Amended: Filed Feb. 7, 2020, effective Aug. 30,
2020.
AUTHORITY: section
207.020, RSMo 1986.* Filing
dates for original rules are shown in the text of the rule. This version filed
March 24, 1976.
Amended by
Missouri
Register April 2, 2018/Volume 43, Number 7, effective
5/31/2018
Amended by
Missouri
Register July 15, 2020/Volume 45, Number 14, effective
8/31/2020
