Non-Institutional SSI related clients living in an adult family home or boarding home (G03)
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Non-Institutional SSI related clients living in an adult family home or boarding home (G03)


Revised May 7, 2008



Purpose:

WAC 388-513-1305Determining eligibility for non-institutional medical assistance in an alternate living facility (ALF)

WAC 388-513-1305

WAC 388-513-1305

Effective January 8, 2000

WAC 388-513-1305 Determining eligibility for non-institutional medical assistance in an alternate living facility (ALF)

This section describes how the department defines the monthly income standard and uses it to determine eligibility for non-institutional medical assistance for a client who lives in a department-contracted ALF. Refer to WAC 388-478-0045 for the personal needs allowance (PNA) amount that applies in this rule.   

  1. Alternate living facilities  include the following: 

    1. An adult family home (AFH);

    2. An adult residential care facility (ARC);

    3. An adult residential rehabilitation center (ARRC);

    4. An adult residential treatment facility (ARTF);

    5. An assisted living facility (AL);

    6. A division of developmental disabilities (DDD) group home (GH); and

    7. An enhanced adult residential care facility (EARC).

  2. The monthly income standard for non-institutional medical assistance under the categorically needy (CN) program that cannot exceed the special income level  (SIL) equals the following amounts. For a client who lives in:

    1. An ARC, an ARRC, an ARTF, an AL, a DDD GH, or an EARC, the department-contracted rate based on a thirty-one day month plus the PNA.

    2. An AFH, the department-contracted rate based on a thirty-one day month plus the PNA  plus the cost of any add-on hours authorized by the department; or

  3. The monthly income standard for non-institutional medical assistance under the medically needy (MN) program equals the private facility rate based on a thirty-one-day month plus the PNA  .

  4. The monthly income standard for non-institutional medical assistance under the general assistance (GA) program equals the GA grant standard described in WAC 388-478-0030.

  5. The department determines a client’s non-excluded resources as described in chapter 388-470 WAC and WAC 388-505-0595.

  6. The department determines a client's nonexcluded income for noninstitutional medical assistance as described in:

    1. Chapter 388-450 WAC for GA and TANF programs; and

    2. Chapter 388-475 WAC and WAC 388-506-0620 for SSI-related medical programs.

  7. The department approves CN non-institutional medical assistance for a period of up to twelve months for a client who receives Supplemental Security Income (SSI) or who is SSI-related as described in WAC 388-503-0510 (1), if:

    1. The client’s non-excluded resources described in subsection (5) do not exceed the standard described in WAC 388-513-1350 (1); and

    2. The client’s non-excluded income described in subsection (6) does not exceed the CN standard described in subsection (2).

  8. The department approves MN non-institutional medical assistance for a period of months described in chapter 388-416 WAC for an SSI-related client, if:

    1. The client’s non-excluded resources described in subsection (5) do not exceed the standard described in WAC 388-513-1350 (1); and

    2. The client satisfies any spenddown liability as described in chapter 388-519 WAC.

  9. The department approves GA non-institutional medical assistance for a period of months described in chapter 388-416  WAC for a client determined eligible for the program as described in WAC 388-400-0025.

  10. The client described in subsections (7) and (9) keeps the PNA amount and pays remaining income to the facility for board and room.

This is a reprint of the official rule as published by the Office of the Code Reviser. If there are previous versions of this rule, they can be found using the Legislative Search page.

CLARIFYING INFORMATION

This program is used for clients who have countable income over the CNIL  and living in a licensed, department contracted alternate living facility  (ALF).

Non institutional Medicaid in an ALF (ACES medical coverage group; G03, G95 and G99) has the same program rules as SSI related Medicaid, but with a higher income standard. Institutional Medicaid is under the L, C and K track series.

For SSI-related clients who are eligible to receive CN coverage because they are on SSI (S01) or are SSI related with income at or below the CNIL (S02), the higher standard used for non institutional Medicaid in an ALF is not needed because they already meet CN-P eligibility.

Special income disregards for SSI-related programs such as disabled adult child (DAC) and COLA/Pickle are described in WAC 388-475-0880 and Clarifying Information, Special Income Disregards.

The G03/G95/G99 medical coverage group is used for eligibility when a client resides in an alternate living facility.  The daily rate is what drives the eligibility. The difference in eligibility between the SSI related series (S02, S95, S99) and non institutional in an ALF (G03, G95, G99) is the income standard. The standard is the daily rate x 31 days plus the general assistance personal needs allowance (PNA) of $38.84 rather than the CNIL standard. For clients receiving Home & Community Services (HCS), Division of Developmental Disabilities (DDD), or Regional Support Network/Mental health (RSN) services with income under the Medicaid Special Income Level  (SIL) use the state daily rate authorized for that client.  For private pay clients in a state contracted/licensed facility, use the private daily rate the client is charged by the facility.

  1. Categorically Needy (CN-P) G03

To be eligible for CN benefits, a client must have non-excluded income at or below both the CN standard and the SIL  and resources at or below the resource standard for SSI related clients.

There are 2 tests for CN-P eligibility under the G03 program:

  1. Is the client's gross income under the Medicaid SIL? And;

  2. Is the client's countable income under the state contracted daily rate x 31 days plus the general assistance PNA?

If the answer to both (a) and (b) are yes, the client is income eligible for CN-P G03. If one or both are answered no, the case will trickle to a medically needy program.

  1. Medically Needy (G95/G99)

The income standard used to determine eligibility for these benefits under the medically needy (MN) program is based on the private facility rate based on a thirty-one day month plus the general assistance PNA.

If the income exceeds the MN standard, the excess is used to determine the client's spenddown liability. Refer to SPENDDOWN for procedures to be followed.

  1. What is a department contracted/licensed alternate living facility?

Department contracted facility means a licensed facility such as an adult family home or boarding home that is contracted with DSHS to provide services such as Medicaid Personal Care  (MPC) or Developmental Disability Division (DDD) or Home & Community Services (HCS) Waiver services. It also applies to facilities that are contracted with the Regional Support Network (RSN) to provide services. The RSN provides Mental Health services. If the facility does not accept a client with the RSN, DDD or HCS services it is not considered a department contracted facility. A facility can be licensed, but not contracted with DSHS or Mental Health. Eligibility for client's living in a licensed but not contracted facility is done as if the client is in their own home.

Facility rates can vary from one facility to another. The facility rate must be updated in ACES at each eligibility review and documented as to how the rate was verified.  Another term used to describe these facilities is an alternate living facility  (ALF).

  • The state rate is used for CN eligibility.

  • The private rate is used for MN eligibility.

  • The state and private rate could be the same, or the private rate could be lower than the state rate based on providing a client with personal care services.

Some facilities that hold a contract with the department also have private-pay beds. Clients not eligible for Medicaid or state payment for the cost of care in a department-contracted facility pay the private rate established by the facility. These clients may still be eligible for non-institutional medical assistance using the rules for the G03 program.

To search for Adult family Home or Boarding Homes contracted with DSHS: http://adsaweb/afhbh/

The list on the Adult family home/Boarding Home indicates if the facility is not contracted for Medicaid or mental health.

EXAMPLES 1 through 5 how to determine if the facility is contracted for the purposes of G03.

  1. Medicaid Personal Care (MPC)

The department authorizes personal care services for a client assessed as requiring assistance with daily living. This assessment is done by a case manager (CM), nurse or social worker (SW) from the Division of Developmental Disabilities (DDD), Home and Community Services (HCS) or Area Agency on Aging (AAA). This service is called Medicaid Personal Care  or (MPC). Clients must meet the functional criteria based on the social service assessment AND the financial eligibility based on eligibility for a non institutional CN-P Medicaid program. The department establishes and pays a daily rate to the adult family home or boarding home provider.

Clients do not have to be on MPC services with the department to use rules for the G03 program, but they do need to reside in a facility contracted to provide services by DSHS or the RSN. Clients are either on MPC on a Waiver program or paying the facility privately. Clients on MPC have part of the cost of the facility paid by the Department.

In order to receive MPC, clients must be eligible for a non-institutional CN-P Medicaid program. Examples of non-institutional CN-P programs are S01, S02, S08/HWD, G02, G03, F06, F01, F04, R01. Medically Needy clients are not eligible for MPC services.

Since G03 is not an institutional Medicaid program, HCS and DDD can authorize MPC services for those who have been assessed by HCS and DDD to need the services. There is no post eligibility in the G03 program as there is in institutional Medicaid, but clients do need to pay income to the facility after the allowable SSI related deductions and $38.84 personal needs allowance.  Effective 7/1/2007 the MPC PNA was raised 3.3% by the legislature to $40.12.  Even though MPC clients with HCS or DDD have a higher PNA standard effective 7/1/2007, it did not change the ELIGIBILITY standard for the G03 program which is based on the General Assistance standard of $38.84.   This amount was not raised by the legislature.  Effective 7/1/2008, the MPC PNA standard will increase to $41.44.

 G01/GA-U clients are not eligible for MPC, but they may be receiving state funded services through HCS or DDD.

MPC services can only be approved for clients in a Adult Residential Center (ARC) or Adult Family Home (AFH). MPC services cannot be authorized in an Assisted Living facility.

MPC services are not subject to transfer of asset or excess home equity  rules that affect institutional programs.  (institutional programs or under a Waiver or residing in a medical institution 30 days or more).

  1. Room and Board, what does this mean?

Throughout the manual both terms, room and board and board and room are used to describe a living arrangement in which an individual purchases food, shelter, and household maintenance requirements from one vendor. There is also a term used by ADSA called the room and board rate. This rate is based on the FBR minus the current PNA in an ALF used in the Home and Community Service Waiver program. 

For client's receiving MPC through the G03 program, the rate they have to pay to the facility is higher than the standard room and board rate used by ADSA.

The rate clients on G03 pay the facility is their countable income after SSI related deductions and disregards minus $40.12 PNA. This rate for the purpose of the G03 program is called the client's total responsibility. All other ADSA clients on MPC pay the standard room and board rate established by ADSA with the exception of G03 clients. We are using a higher standard than the FBR to determine eligibility for G03, therefore the client is paying all of their available income to the facility after keeping the PNA, the $20 disregard and any other allowed SSI related disregards. 

 


EXAMPLE

$750.00   Social Security
-$20.00   SSI related disregard
-$40.12   PNA
= $689.88   Client total responsibility payment to the ALF.


Do not use G03/G95/G99 in the following situations:
  • CN SSI related Medicaid under S01 or S02.

    For SSI-related clients who are eligible to receive CN coverage because they are on SSI (S01) or are SSI related with income at or below the CNIL (S02), the higher standard used for non institutional Medicaid in an ALF is not needed because they already meet CN-P eligibility. Special income disregards for SSI-related programs such as disabled adult child (DAC) and COLA/Pickle are described in WAC 388-475-0880  and Clarifying Information, Special Income Disregards Client's receiving services authorized by DDD or HCS pay the ADSA room and board  amount.

  •  SSI eligibility Medical.

  • Healthcare for workers with disability (HWD)(S08)

    In most cases, client's who are on Healthcare for Worker's with disabilities (HWD/S08) would be better off remaining on HWD if receiving services from HCS or DDD. HWD clients on MPC would pay their HWD premium to financial service administration (FSA) and the ADSA room and board amount  to the ALF provider.

  • Clients receiving Waiver services with DDD or HCS. (C01)

    Clients authorized for a Waiver program through DDD (described in WAC 388-515-1510) or HCS (described in WAC 388-515-1505) may be living in an ALF. If the client is authorized services through a Waiver program, the C01 medical coverage group is used. There are exceptions to this if the client is eligible for HWD and on the DDD Waiver (S08) or GA-X and on the HCS Waiver. The C01 Waiver medical coverage group is an institutional program using post eligibility rules to determine how much the client pays toward their cost of care. The amount the client pays along with the standard room and board amount is called participation. There are allowable deductions that can be used in post eligibility under a Waiver program, but not allowed as a deduction in the SSI related rules used for the G03 program. Some examples of these deductions allowed in the post eligibility process for the Waiver programs are guardianship fees, court ordered child support, health insurance premiums, incurred medical expenses and spousal deeming under the spousal impoverishment act.

    The Hospice program uses institutional rules under the C01 program for client's who would benefit in using institutional rules. For a client electing Hospice and paying private to an ALF, DO use the G03 program as a priority if eligible. If not eligible under G03 rules, consider the C01 program for Hospice elections. Hospice description.

  • Clients residing in a non-contracted alternate living facility. (Private Facilities)

    Some facilities are totally private and do not contract with the department to provide services. Determine eligibility for clients in non contracted facilities as if they are in their own home. Do not use the amount the client pays to the private non contracted facility as a medical expense. Alternate living facilities such as private assisted living, private adult family homes are not medical institutions, therefore the amount the client pays to the facility is not considered a medical expense. The standard used for residents of private non contracted facilities is the MNIL standard.

    Examples of non-contracted and private facilities or home settings:

    1. Residents of veteran's homes who received domiciliary or assisted living care are not eligible for Medicaid. The Department of Veterans Affairs is responsible for meeting the needs of the domiciliary or assisted living residents.

    2. Private boarding home, continuing care retirement center (CCRC), private assisted living facilities. supported living, state operated living alternative (SOLA). Determine eligibility as if they are in their own home. (S02/S95/S99).

  • Clients living in a medical institution (K and L track)

    Institutional rules are used for client's residing in medical institutions 30 days or more. For clients moving from a ALF to a medical institution such as a nursing facility (NF), residential habilatation center (RHC), institution for the mentally retarded (IMR), institution for the mentally diseased (IMD) or Veteran's nursing facility, use eligibility requirement rules

  • Temporary assistance for needy families (TANF) or state family assistance (SFA) program

    The department determines eligibility for non-institutional medical assistance in an ALF for a client related to medical eligibility by the TANF/SFA program according to the income and resource rules of those programs. Refer to WAC 388-454-0015 in LIVING WITH A RELATIVE for temporary absences from the home. Use eligibility rules description.

  •  General Assistance - GAU or GAX program
    The department authorizes a cash grant for the client whose non-excluded income is less than the payment standard described in WAC 388-478-0030. The amount authorized is the difference between the payment standard and the amount of non-excluded income. The cash grant standard for a client in an AFH is $339/mo. The client retains a PNA amount of $38.84 per month and pays remaining income to the facility for the cost of board and room. The cash grant for a client in any other ALF  is $38.84/mo. Use eligibility rules for GAU.

  • Chemical dependency / detoxification

    The department provides payment to certain facilities for detoxification of acute conditions related to alcoholism or drug addiction. See CHEMICAL DEPENDENCY for eligibility requirements and authorization procedures

    EXAMPLES 6 through 12 on choosing the correct medical coverage group based on the client's circumstances.


AGENCY RESPONSIBILITIES

Financial staff determines financial eligibility for financial and medical assistance programs. The division or agency responsible for placement and case management services determines the amount the client must pay to the facility for their cost of care and notifies the client.

For clients receiving services from the RSN, HCS or DDD, the assigned case-manager/social worker indicates the state daily rate on the financial/social service communication form. If MPC  is authorized, the assigned case-manager/social worker indicates MPC service, the date service was authorized along with the daily rate and type of facility.  (For Internal staff)

HCS social workers use the DSHS 14-443 Financial/Social Service communication form.

DDD case managers use the DSHS 15-345 CSO/DDD Communication

RSN case managers use the DSHS 13-348 RSN/CS0 communication form.


WORKER RESPONSIBILITIES

  1. See CITIZENSHIP/ALIEN STATUS, RESIDENCY, and SSN to determine whether a client meets the general eligibility requirements.

  2. Determine the program to which the client can be related to medical eligibility. See ADULT MEDICAL, FAMILY MEDICAL PROGRAMS, and INCAPACITY.

  3. See SSI related Medical Income and SSI related RESOURCES  to determine income and resource eligibility as follows:

    1. When a client is placed in a facility on the COPES or a DDD Waiver program, use WAC 388-515-1505 for COPES and WAC 388-515-1510  for DDD Waivers to determine eligibility. Screen in a C01 for these programs.

    2. When a client is otherwise eligible for a SSI related CN-P program (S01 or S02) the S01/S02 program is a priority program. These clients are usually on MPC with either DDD or HCS. Clients who are on SSI or who are considered to be in the "SSI eligibles" group pay the ADSA room and board standard in living in an ALF.   If an S02 client residing in a contracted ALF has an increase in income that causes the S02 to trickle to a S95, do a redetermination under the G03 program.

    3. HWD  is a priority program for clients on DDD Waiver or MPC when it is beneficial to the client. Clients on HWD pay the HWD premium plus the ADSA room and board standard.

    4. HWD  is a priority program for clients on MPC with HCS when it is beneficial to the client. Clients on HWD/MPC pay the HWD premium plus the ADSA room and board standard.  HWD is not included in HCS waivers and cannot be used for clients on a waiver with HCS.

      Tip: If a client is in a licensed/contracted ALF and receiving S95 or S99, do a program change to G03 that uses the higher standard.

    5. When determining non-excluded income used to establish eligibility for the cost of care in the facility, use the CN income rules for an SSI-related client. Compare the result to the monthly income standard described in WAC 388-513-1305.

    6. For the GA client, use the general assistance  (GA) rules.

    7. If the client's non-excluded gross income is above the SIL and/or the department-contracted rate plus the general assistance PNA, use the private facility rate plus the general assistance PNA.

    8. To determine the client's spenddown liability for non-institutional medical assistance under the MN program, use the client's non-excluded income in excess of the private rate plus the PNA to determine the client's spenddown liability. Do not use the amount charge by the ALF  to reduce the spenddown amount, however the client may use other incurred medical expenses to meet spenddown. (ALFs are not medical institutions).

    9. See WAC 388-475-0880  Special Income disregards for SSI-related medical programs and clarifying information to determine if a client is a protected DAC and eligible to receive CN-P Medicaid under the S02 program. SSI Related Medical

EXAMPLES to choose correct program and whether facility is appropriate

Refer toWAC 388-506-0620 and ADULT MEDICAL for a client who is married.

  1. The department will consider income and resources separately as of the first day of the month following the month of separation when spouses stop living together because of placement into a boarding home or adult family home when:

    1. Only one spouse enters the facility;

    2. Both spouses enter the same facility but have separate rooms; or

    3. Both spouses enter separate facilities.

  2. The department will consider income and resources jointly when spouses are placed in a boarding home or adult family home and share a room.

  3. Indicate MPC services in ACES under HCBS/MPC services field with the service start date and the agency authorizing the service (DDD or HCS).

  4. If a client is on services with DDD, HCS or the RSN, always indicate the agency name and mailing address on the AREP screen in ACES to receive copies of notices. Services authorized by DDD, HCS and the RSN are tied to eligibility for CN-P Medicaid. If Medicaid closes, the service authorized by the social worker/case manager must close too. Clients must be eligible for a non institutional CN-P Medicaid program in order to receive MPC.

    HCS social workers use the DSHS 14-443 Financial/Social Service communication form.

    DDD case managers use the DSHS 15-345 CSO/DDD Communication

    RSN case managers use the DSHS 13-348 RSN/CS0 communication form.

  5. The assigned case manager/social worker indicates what services are authorized with the start date, the state daily rate, the current address and any other pertinent information needed to process the case such as if a payee or power of attorney is involved in the case. The assigned case manager/social worker determines the functional eligibility for the service; the financial worker is responsible to determine the financial eligibility for Medicaid. Changes need to be reported back and forth between the financial worker and assigned case manager/social worker.

    If G03 eligibility trickles to a G95 or G99 because the income is excess of the SIL or the state daily rate and the client is receiving MPC services, notify the agency approving the MPC service that the client is no longer eligible to receive MPC because of excess income.

  6. Contact the facility for its private rate. Contact the department-designated social worker (SW) for STATE-contracted daily rates. Document behind the INST screen how the daily rate was verified.

    To search for Adult Family Home or Boarding Homes contracted with DSHS: http://adsaweb/afhbh/

  7. Authorize cash assistance, if appropriate, as explained above under the GAU/GA-X programs. See INCAPACITY.

  8. Certify CN or MN benefits according to procedures outlined in CERTIFICATION PERIODS.

  9. When a client receiving these benefits transfers to another alternate living facility or goes home, redetermine eligibility and notify the SW. The SW determines any change in the client's cost toward the care and notifies the client and facility.

  10. If a client dies, discontinue benefits effective the date of death and notify the SW. The SW determines any change in the client cost of care and notifies the facility of any refund amount that is due. Indicate the date of death and closure of any MPC services in ACES.

  11. Follow necessary supplemental accommodation (NSA) procedures described in necessary supplemental accommodation services when appropriate. (note: all clients served by DDD or HCS should have an NSA plan, contact the client case manager for assistance with NSA).


ACES PROCEDURES

See Long Term Care and Waivered Services - Institution - ALF/HCB Screen

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Modification Date: May 7, 2008
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