Utah Admin. Code R414-307-11 - Home and Community-Based Services Waiver for Individuals with Physical Disabilities
(1) To qualify for
the waiver for individuals with physical disabilities, the individual must meet
non-financial criteria for Aged, Blind, or Disabled Medicaid.
(2) A member's resources must be equal to or
less than $2000. The treatment of spousal impoverishment resources for married
and institutionalized individuals in Section
R414-305-6 apply to this
rule.
(3) Countable income is
determined using income rules of Aged, Blind, or Disabled Institutional
Medicaid. The eligibility agency counts income unless the income is excluded
under other federal laws that exclude certain income from being counted to
determine eligibility for federally funded, needs-based medical assistance.
Eligibility is determined counting only the gross income of the
member.
(4) The eligibility agency
counts a spouse's income only if the member receives a cash contribution from a
spouse.
(5)
(a) An individual whose income does not
exceed 300% of the federal benefit rate may be required to pay a cost-of-care
contribution.
(b) The eligibility
agency counts the member's income except income that is excluded under other
federal laws from being counted to determine eligibility for federally-funded,
needs-based medical assistance.
(c)
The eligibility agency deducts the maximum allowance available, which is a
personal needs allowance equal to 300% of the federal benefit rate payable
under Section 1611(b)(1) of the Social Security Act for an individual with no
income. No other deductions from income are allowed.
(6) An individual whose income exceeds three
times the federal benefit rate payable under Section 1611(b)(1) of the Social
Security Act may pay a spenddown to become eligible. To determine the spenddown
amount, the income rules and medically needy income standard for
non-institutionalized aged, blind, or disabled individuals in Rule R414-304
apply except that income is not deemed from the member's spouse.
(7) Section
R414-305-9 concerning transfers
of assets applies to individuals seeking eligibility or receiving benefits
under this home and community-based services waiver.
Notes
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