SR 22-21 Dated 07/22 |
STATE OF NEW HAMPSHIRE
DEPARTMENT OF HEALTH & HUMAN SERVICES – DIVISION OF ECONOMIC AND HOUSING STABILITY
Bureau of family assistance (bfa)
INTER-DEPARTMENT COMMUNICATION
FROM: |
OFFICE OF THE ADMINISTRATOR IV, BFA Debra Sorli |
BFA SIGNATURE DATE: |
June 9, 2022 |
FROM: |
OFFICE OF THE DIRECTOR, Division of Medicaid Services (DMS) Henry Lipman |
DMS SIGNATURE DATE: |
June 15, 2022 |
AT (OFFICE): |
Bureau of Family Assistance Division of Medicaid Services |
TO: |
All BFA Staff All DMS Staff |
SUBJECT: |
July 2022 Spousal Impoverishment Related Maximum Income Standard and Excess Shelter Deduction Update, Revised Electronic BFA Forms 799, Spousal Income Protection, and BFA Form 799A, Income Computation Worksheet for Allocation of Income for Institutionalized Individuals |
EFFECTIVE DATE: |
July 1, 2022 |
SUMMARY
This SR releases the annual July updates to the following spousal impoverishment figures used to determine the amount of income institutionalized individuals may give to their community spouses:
BFA Form 799, Spousal Income Protection, and BFA Form 799A, Income Computation Worksheet for Allocation of Income for Institutionalized Individuals, and the associated New HEIGHTS-generated Form AE0017, have been updated accordingly.
POLICY
In accordance with the spousal impoverishment provisions of Section 1924(d)(2)-(4) of the Social Security Act [42 USC 1396r-5(d)(2)-(4)], the maximum income standard (MIS) and excess shelter deduction (ESD) figures used to determine the amount of income an institutionalized individual may give to a community spouse must be updated annually to reflect the federal poverty income guidelines. The MIS reflects the poverty income guidelines for a family of two published in the Federal Register (Volume 87, Number 14) dated January 21, 2022 (87 FR 3315), multiplied by 150%, divided by 12 months, and rounded up to the next higher dollar. The ESD represents 30% of the new unrounded MIS, which is then rounded up to the next higher dollar:
NEW HEIGHTS SYSTEMS PROCEDURES AND IMPLEMENTATION
Effective July 1, 2022, New HEIGHTS will modify the allocation of income functions for community spouses of institutionalized individuals and dependents who live with community spouses of institutionalized individuals so that the maximum income standard and excess shelter deduction reflect the 2022 amounts. The associated New HEIGHTS-generated Form AE0017 will also be updated accordingly.
DESCRIPTION OF REVISIONS MADE TO FORMS
Electronic BFA Form 799, Spousal Income Protection, and BFA Form 799A, Income Computation Worksheet for Allocation of Income for Institutionalized Individuals, and the associated New HEIGHTS-generated Form AE0017, have been revised to include the maximum income standard (MIS) and the excess shelter deduction (ESD) increases as released in this SR. Copies of BFA Forms 799 and 799A are attached to this SR for reference.
With new spousal applications July 1, 2022 or later, use the updated forms which replace BFA Forms 799 and 799A released by SR 22-21/July 2022. However, prior to detaching the new versions, rename and retain the January 2022 electronic versions of BFA Forms 799 and 799A, in case rollbacks are required.
The new versions of BFA Forms 799 and 799A will be electronically transmitted to each District Office with the electronic release of this SR. Contact BFA State Office, at 271-9474 with any questions related to transferring the electronic versions of these forms to your PC. The forms are also available electronically, for Department staff only, in BFA Forms Folder on the N:\ Drive.
Since there are no changes associated with the use of these forms, their instructions did not require revisions and will not be re-released with this SR.
POLICY MANUAL REVISIONS
Revised Medical Assistance Manual Topics
Section 627.03 Allocation to a Community Spouse
Section 627.05 Allocation to Dependents Who Reside with the Community Spouse
IMPLEMENTATION
The new figures are effective July 1, 2022. New HEIGHTS will update all reference tables and use the new amounts for any cases computed or recomputed on or after that date. When determining how much income can be allocated to the community spouse for months before July 2022, the January 2022 figures and versions of Forms 799 and 799A must be used.
CLIENT NOTIFICATION
In early July, BFA State Office will generate a mailing to all institutionalized individuals with community spouses, and their community spouses, to inform these individuals of the spousal-related increases. A copy of the July 2022 Spousal Letter is attached to this SR for reference. No other client notification is planned.
TRAINING
No special training is planned due to the procedural nature of the changes.
FORMS MANUAL POSTING INSTRUCTIONS
Remove and Destroy |
Insert
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Forms Manual
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BFA Form 799, Spousal Income Protection, BFA SR 22-01/January, 2022 1 back-to-back sheet |
BFA Form 799, Spousal Income Protection, BFA SR 22-21/July, 2022 1 back-to-back sheet |
BFA Form 799A, Income Computation Worksheet for Allocation of Income for Institutionalized Individuals, BFA SR 22-01/January, 2022 1 single-sided sheet |
BFA Form 799A, Income Computation Worksheet for Allocation of Income for Institutionalized Individuals, BFA SR 22-21/July, 2022 1 single-sided sheet |
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 BFA 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 www.dhhs.nh.gov/dfa/publications.htm, effective July 1, 2022.
BFA/DMS:cm