SR 09-01 Dated 01/09

STATE OF NEW HAMPSHIRE

INTER-DEPARTMENT COMMUNICATION

SUMMARY

This SR releases a 5.8% cost of living increase to SSA/SSI and VA Annual Review benefits effective January 1, 2009, and the updated:

·   SSI payment levels for an individual, couple, and needy essential person;

·   adult Standards of Need for individuals in independent living arrangements, residential care facilities, and community residences;

·   Medicare Parts B and D premium amounts;

·   spousal impoverishment figures;

·   Substantial Gainful Activity (SGA) income ceiling;

·   Nursing Facility CAP; and

·   Income disregards for Choices For Independence (CFI) and Home and Community-Based Care (HCBC).

In addition, the following forms were revised to reflect the increased spousal impoverishment figures:

·   Form 798A, Resource Assessment for Institutionalized Individuals with Community Spouses, and its associated New HEIGHTS-generated Form AE0020;

·   Form 799, Spousal Income Protection, and its associated New HEIGHTS-generated Form AE0017; and

·   Form 799A, Income Computation Worksheet for Allocation of Income for Institutionalized Individuals. Information found on this paper form has been incorporated into the New HEIGHTS-generated Form AE0017.

POLICY

COLA INCREASE

Based upon the 5.8% cost of living increase to SSA/SSI and VA Annual Review benefits, the SSI maximum monthly benefit levels for independent living arrangements increased as follows:

-   for an individual, from $637 to $674;

-   for an individual and a spouse or needy essential person, from $956 to $1,011; and

-   for a couple and needy essential person, from $1,275 to $1,349.

The adult Standards of Need for OAA, ANB, and APTD individuals increased as follows:

The Medicare Part B monthly premium cost remains the same as last year at $96.40.

The Medicare Part D Rates are as follows:

Low-Income Premium Subsidy Amount = $28.12 (from $30.64).

Maximum Co-Pays for Full Benefit Dual Eligibles:

·   Institutionalized Individuals      $0.00

·   Non-Institutionalized Beneficiaries

-   Up to or at 100% FPL

§   Generic/Preferred     $1.10

§   Other       $3.20

§   Above Out-of-Pocket Threshold $0.00

-   Over 100% FPL

§   Generic/Preferred      $2.40

§   Other       $6.00

§   Above Out-of-Pocket Threshold $0.00

The Protected Income Level (PIL) for all group sizes remains unchanged.

The Nursing Facility CAP used to determine NF, CFI and HCBC categorically-needy services has increased to $2,022 (from $1,911).

The Income Disregard for HCBC or CFI medically-needy recipients who were receiving services as of 10/1/08 is:

·   $429 for CFI (formerly $540); and

·   the difference between the cost of services on 9/26/08 and the NF CAP of $2,022 for all other HCBC categories.

Spousal Impoverishment limits increases:

·   Maximum monthly maintenance allowance from $2,610 to $2,739;

·   Minimum resource standard from $20,880 to $21,912; and

·   Maximum spousal resource allowance from $104,400 to $109,560.

SGA INCREASE

The Substantial Gainful Activity (SGA) income ceiling increased from $940 to $980. The SGA is used only during initial APTD eligibility determinations; working applicants must have an adjusted earned income of less than the SGA.

PROCEDURES

SSA/SSI Increase

Using the individual’s Social Security Number (SSN), SSA/SSI benefits are updated during the January Mass Change by crossmatching open:

·   SSA cases against BENDEX and SVES; and

·   SSI cases against SDX.

For those cases that match, the SSA/SSI amount will be replaced with the actual check amount listed in the BENDEX/SVES/SDX files, and benefits will be recomputed. For those SSA individuals that do not match, New HEIGHTS will apply the 5.8% increase and round up to the nearest dollar. For SSI, New HEIGHTS will automatically update anyone whose current SSI amount is $637 to $674. For all others, HEIGHTS will apply the 5.8% increase and round up to the nearest dollar.

VA Increase

New HEIGHTS will apply a 5.8% COLA increase, dropping all cents, to all VA benefits with an annual review indicator and certain VA beneficiaries, widows and children of veterans, who do not have an annual review indicator. If a case with an annual review indicator also has Aid and Attendance (A&A) benefits, the 5.8% COLA will also be applied to the A&A benefits, dropping all cents.

Individuals who are coded as "VA Nursing Facility Pension" or "VA Frozen Pension" are not entitled to the January COLA and will not see the COLA increase applied to their benefits.

Cases Newly Eligible for Cash

Certain cases currently eligible for adult category cash assistance, but not actually receiving the grant because the amount is under $2 per month, may now qualify to receive a grant due to the increase in the SON.

Additionally, adult category medically needy medical assistance (MA) assistance groups (AGs) receiving SSA or VA may become newly eligible for a cash grant. Affected AGs desiring cash assistance must file an application and meet all eligibility requirements. Individuals who make inquiry regarding this possibility must be informed of:

·   the requirement to file an application for cash assistance;

·   the State’s right to recover the cost of adult category OAA, ANB, and APTD financial assistance provided; and

·   the State’s right to file a lien against real property as part of the recovery process.

Three-Month Retroactive Medical Assistance Cases

New HEIGHTS will automatically use pre-mass change SON amounts for Three-Month Retroactive Categorically-Needy Medical Assistance eligibility determinations for months prior to January 1, 2009.

Pickle Amendment Cases

The Pickle Amendment prevents SSA cases with a state supplement (ANB, APTD, OAA) from closing due to the COLA increase. New HEIGHTS Pickle Amendment cases are processed automatically. The calculations and COLA deduction for cases that would lose cash payment are invisible to DO staff. Questions about the calculations or COLA deduction on New HEIGHTS Pickle cases should be directed to the New HEIGHTS Help Desk.

QMB, QDWI, SLMB, and SLMB135 Cases

Federal law mandates that COLA increases for the year 2009 cannot be used to determine QMB, QDWI, SLMB, and SLMB135 eligibility until after the annual update to the federal poverty levels is effective in the spring of 2009. Until the new figures are available, cases that would close due to the COLA will be kept open automatically by New HEIGHTS.

Reminder: New HEIGHTS adds a deduction called "QMB/QDWI/SLMB COLA Deduct" to the "Other Allowable Deduction" screen for these cases. Do not change the amount or end date the deduction; New HEIGHTS will automatically end date the deduction when the federal poverty levels become effective.

Adult Category Recoupment

For recoupment cases, New HEIGHTS will recompute the amounts when the case goes through the mass change. The notice of the revised amount will be generated automatically as well.

Spousal Impoverishment Cases

Effective January 1, 2009, the maximum monthly maintenance allowance increases from $2,610 to $2,739 per month. When determining income allocated to the community spouse for months prior to January 2009, use the $2,610 amount. For example, if an individual applied for institutionalized care in January and requested retroactive medical assistance for December, the District Office would calculate the spousal allocation separately for December and January.

The minimum and maximum resource allowances for the community spouse are also increasing from $20,880 to $21,912 and from $104,400 to $109,560, respectively.

·   The new figures apply to requests for resource assessments that are currently in process or being processed after 12/31/08.

·   Use amounts in effect when the individual applies, regardless of when the assessment was done.

·   These amounts do not affect individuals whose resource amount is between the minimum and maximum.

·   An individual could be resource ineligible in December but resource eligible in January due to the higher figures.

Rollbacks

New HEIGHTS will process rollbacks automatically and the correct values will be used for the pre-January amounts.

Patient Liability

Nursing facilities are automatically notified of the patient’s liability, the monthly amount the resident is expected to pay towards their care, through MMIS. Any time a new patient liability is created or a change is made to a current resident’s patient liability, New HEIGHTS will automatically generate the AE0009, Patient Liability Letter, to the nursing facility resident and/or authorized representative.

Categorically Eligible Food Stamp Households

Food stamp policy in FSM PART 231, CATEGORICALLY ELIGIBLE HOUSEHOLDS, states that certain public assistance and SSI households are categorically eligible for food stamps without regard to income or resources. To be considered categorically eligible, all members of the food stamp household must be included in an open public assistance and/or SSI case. New HEIGHTS will calculate food stamp categorical eligibility automatically.

SYSTEM CHANGES

Mass Change Schedule

The January Mass Change will be included in the daily run over the course of four weeks as follows:

Mass Change NOD

Notices of decision (NOD) generated during the January Mass Change will contain special text messages which correlate to the change(s) that occurred in the case, as follows:

Group 1: In and Out Cases

THE FEDERAL GOVERNMENT INCREASED SOCIAL SECURITY, SSI, AND SOME VA BENEFITS TO REFLECT INCREASES IN THE COST OF LIVING. YOUR ELIGIBILITY FOR MEDICAL ASSISTANCE WAS REFIGURED USING THE NEW BENEFIT AMOUNT.

Group 2: Nursing Facility Cases

THE FEDERAL GOVERNMENT INCREASED SOCIAL SECURITY, SSI, AND SOME VA BENEFITS TO REFLECT INCREASES IN THE COST OF LIVING. THE MEDICARE PART B PREMIUM REMAINS THE SAME AT $96.40. YOUR COST OF CARE LIABILITY WAS REFIGURED USING YOUR NEW BENEFIT AMOUNT AND THIS YEAR’S MEDICARE PART B PREMIUM.

Group 3: All Cash Cases

THE FEDERAL GOVERNMENT INCREASED SOCIAL SECURITY, SSI, AND SOME VA BENEFITS TO REFLECT INCREASES IN THE COST OF LIVING. THE INCOME LIMITS FOR OAA, ANB, AND APTD CASH ASSISTANCE WERE ALSO INCREASED. FOR INDIVIDUALS LIVING IN AN INDEPENDENT LIVING ARRANGEMENT, THE INCOME LIMIT INCREASED TO $688 FOR A GROUP SIZE OF ONE AND $1,012 FOR A COUPLE. FOR INDIVIDUALS LIVING IN A RESIDENTIAL CARE FACILITY OR AN ENHANCED FAMILY CARE RESIDENCE, THE INCOME LIMIT INCREASED TO $868. FOR INDIVIDUALS LIVING IN A SUBSIDIZED COMMUNITY RESIDENCE, THE INCOME LIMIT INCREASED TO $750. FOR INDIVIDUALS LIVING IN A NON-SUBSIDIZED COMMUNITY RESIDENCE, THE INCOME LIMIT INCREASED TO $810.

SOMEONE IN YOUR CASH ASSISTANCE CASE, WHICH MAY INCLUDE A FOSTER CHILD OR AN ADOPTION SUBSIDY CHILD IN YOUR CARE, HAD A CHANGE IN THEIR SOCIAL SECURITY, SSI, OR VA BENEFIT AMOUNT. ELIGIBILITY FOR CASH ASSISTANCE WAS REFIGURED USING THE NEW BENEFIT AMOUNT. IF YOU RECEIVE OAA, ANB, OR APTD CASH ASSISTANCE, THE NEW INCOME LIMITS WERE ALSO USED. THE CHANGE IN YOUR CASH ASSISTANCE BENEFIT AMOUNT MAY HAVE ALSO CHANGED YOUR FOOD STAMP AND/OR MEDICAL ASSISTANCE BENEFITS.

Group 4: Remaining Selected Cases (Cases Experiencing a Change in VA/SSI/SSA; Part A/B; Food Stamp Only; Child Care Only; or MA Only)

THE FEDERAL GOVERNMENT INCREASED SOCIAL SECURITY, SSI, AND SOME VA BENEFITS TO REFLECT INCREASES IN THE COST OF LIVING. BECAUSE SOMEONE IN YOUR ASSISTANCE GROUP HAD A CHANGE IN THEIR SOCIAL SECURITY, SSI, OR VA BENEFIT AMOUNT, ELIGIBILITY FOR ASSISTANCE WAS REFIGURED USING THE NEW BENEFIT AMOUNT.

QMB, SLMB, OR QDWI CASES WHOSE ELIGIBILITY WOULD END DUE SOLELY TO THE COST OF LIVING INCREASE, WILL REMAIN OPEN UNTIL THE NEW FEDERAL POVERTY GUIDELINES ARE AVAILABLE. IN MARCH WE WILL REFIGURE YOUR CASE AND NOTIFY YOU OF ANY CHANGE.

Group 5: Clean Up Cases, (Includes cases that exceptioned out during the mass change)

THE FEDERAL GOVERNMENT INCREASED SOCIAL SECURITY, SSI, AND SOME VA BENEFITS TO REFLECT INCREASES IN THE COST OF LIVING. THE INCOME LIMITS FOR CASH ASSISTANCE FOR OAA, ANB, AND APTD WERE ALSO INCREASED.

BECAUSE SOMEONE IN YOUR ASSISTANCE GROUP HAD A CHANGE IN THEIR SOCIAL SECURITY, SSI, OR VA BENEFIT AMOUNT, ELIGIBILITY FOR ASSISTANCE WAS REFIGURED USING THE NEW BENEFIT AMOUNT. IF SOMEONE IN YOUR ASSISTANCE GROUP RECEIVES OAA, ANB, OR APTD CASH ASSISTANCE, THE NEW INCOME LIMITS WERE USED IN THE REFIGURING, TOO.

QMB, SLMB, OR QDWI CASES WHOSE ELIGIBILITY WOULD END DUE SOLELY TO THE COST OF LIVING INCREASE, WILL REMAIN OPEN UNTIL THE NEW FEDERAL POVERTY GUIDELINES ARE AVAILABLE. IN MARCH WE WILL REFIGURE YOUR CASE AND NOTIFY YOU OF ANY CHANGE.

Medicare Part B

New HEIGHTS will automatically update the Medicare Part B premium amount with the figure specified on the BENDEX report. If the Bendex or SVES file has Medicare information and New HEIGHTS does not have information in the system for this individual, the Medicare information will be automatically entered into the pertinent fields in New HEIGHTS.

POST-MASS CHANGE REPORTS

The reports described below will be produced as a result of the Mass Change. These reports will be available in New HEIGHTS as indicated below.

NMC820RA: MC Skipped Cases RPT

The Unearned Income Type Unverified report lists cases that were not selected for computation during the Mass Change because there was an unverified SSA, SSI or VA income type or claim number or an unverified Part B premium amount. These cases require further District Office action. The report contains the following information: DO, Worker ID, Client Name, and Case Number. This report will be available on New Heights on December 23, 2008 with a report date of December 22, 2008.

NMC840RA: MC Part B Premium RPT

The Part B Premium report lists cases whose Part B premium was not updated to the new amount because their existing Part B premium amount was not $96.40 and the case was not found on the BENDEX report with their current premium amount. The clients on this report will need to provide their current Part B premium information at their next redetermination. The report contains the following information: DO, Worker ID, Client Name, and Case Number. This report will be available on New Heights on December 23, 2008 with a report date of December 22, 2008.

NMC540RA: AG’s Affected by MC

This report lists all cases that the Mass Change ran successfully through confirmation. It contains the following information: DO, Worker Name, Client Name, and Case Number. This report will be available on the first business day after each run of the mass change.

NMC550RA: MC Exception

This report lists cases that were selected for computation during the Mass Change, but were not confirmed due to some discrepancy in data. These cases require further District Office action. It contains the following information: DO, Worker Name, Client Name, Case Number, Reason for Exception, and Mass Change Type. This report will be available on the first business day after each run of the mass change.

NMC810RA: MC PT Liab Override RPT

The Nursing Facility with Patient Liability Override report lists cases that contain a Patient Liability override and therefore the amount did not change. These cases require further District Office action. The report contains the following information: DO, Worker ID, Client Name, and Case Number. Nursing Facility cases will be run over two days, December 26 and 29. The report will be available to the field the day after it is run, on December 29 and 30, 2008. This report will be rerun after the clean-up run on January 15, so another report will be available the next day, on January 16, 2009.

NMC850RA: HCBC Liab Override RPT

The HCBC Liability Override report lists cases that contain a CFI or HCBC liability override and therefore the amount did not change. These cases require further District Office action. The report contains the following information: RID #, Client Name, Case Number, Casehead Name, Case Status, Client Phone #, and CFI or HCBC type. CFI/HCBC cases will be run over two days, December 26 and 29. The report will be available to the field the day after it is run, on December 29 and 30, 2008, the day after the reports are run. This report will be rerun after the clean-up run on January 15, so another report will be available the next day, on January 16, 2009.

FORMS REVISIONS

Form 798A, Resource Assessment for Institutionalized Individuals with Community Spouses, Form 799, Spousal Income Protection, and Form 799A, Income Computation Worksheet for Allocation of Income for Institutionalized Individuals, and their associated New HEIGHTS-generated Forms AE0017 and AE0020, were revised to include the increase in the spousal impoverishment limits.

With new spousal applications dated January 1, 2009 or later, use the updated forms. However, prior to detaching the new versions, rename and retain the January/July 2008 electronic versions of Forms 798A, 799, and 799A, in case rollbacks are required.

The new versions of Forms 798A, 799, and 799A will be electronically transmitted to each District Office with the electronic release of this SR. Contact Linda White, DFA State Office, at 271-4580 with any questions related to transferring the electronic versions of these forms to your PC.

FORMS POSTING INSTRUCTIONS

POLICY MANUAL REVISIONS

Revised Adult Assistance Manual Topics

Section 167.03   COLA Adjustments Since 1977

PART 209   AID TO THE PERMANENTLY AND TOTALLY DISABLED

Section 209.03   SGA Adjustments Since 2000

Section 419.03   Determining the Protected Resource Amount

PART 601, TABLE A  INCOME LIMITS

PART 601, TABLE B  SPECIAL INCOME LIMITS FOR CFI AND HCBC INDIVIDUALS

Section 627.03   Allocation to a Community Spouse

IMPLEMENTATION

Changes identified in this SR are effective January 1, 2009 for current cases, and apply to any new cases processed on or after that date. When determining how much income can be allocated to the community spouse for months before January 2009, the July/January 2008 figures and versions of Forms 798A, 799, and 799A must be used.

CLIENT NOTIFICATION

Client letters to institutionalized individuals and their community spouses, attached to this SR for reference, will be sent during the second week of December 2008. The letters notify individuals of the changes in the spousal impoverishment figures. Copies of the spousal client letters are attached to this SR for reference.

Additionally, the New HEIGHTS-generated AE0009 will be sent to those nursing facility residents and/or their authorized representative if a new patient liability is created or a change is made to a current resident’s patient liability.

TRAINING

No training is needed or planned due to the procedural nature of this SR.

DISPOSITION

This SR may be destroyed or deleted after its contents have been noted and the revised manual topics released by this SR have been posted to the On-line manuals.

DISTRIBUTION

This SR will be distributed according to the electronic distribution list for Division of Family Assistance policy releases. This SR, and revised On-Line Manuals, will be available for agency staff in the On-Line Manual Library, and for public access on the Internet at http://www.dhhs.nh.gov/DHHS/DFA/LIBRARY, effective January 5, 2009.

This SR, and printed pages with posting instructions, will be distributed under separate cover to internal hard copy holders of the Adult Assistance and Forms Manuals.

DFA/KD:s