Author: Renee Wright

IM-002 – QUALIFIED INCOME TRUST CONSIDERATION AS A RESOURCE OR INCOME

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FROM:  PATRICK LUEBBERING, DIRECTOR

SUBJECT:  QUALIFIED INCOME TRUST CONSIDERATION AS A RESOURCE OR INCOME

MANUAL REVISION #2
0805.015.10
0820.030.15
1025.015.04.01.02
1030.035.20.05

DISCUSSION:

42 UCS 1396p(d)(4)(B) created an avenue for individuals receiving or applying for MO HealthNet for the Aged, Blind or Disabled program under the Home and Community Based (HCB) waiver services, Program for All-Inclusive Care for the Elderly (PACE) and MO HealthNet for Children with Developmental Disabilities (MOCDD) to allocate a portion of their own earned or unearned income into a specified and excluded trust. This trust is referred to as a Qualified Income Trust (QIT) or Miller Trust.

The sole purpose of a Miller trust is to reduce the income consideration for an HCB, PACE, or MOCDD participant so that they can be budgetarily eligible for these hard income cap programs. It does not apply to programs that do not have a hard income cap, such as MO HealthNet Non-spend Down or Ticket to Work Health Assurance. If the trust is considered a valid Miller trust, all monies deposited into it are excluded as both income and resource for the participant. This exclusion applies only to the HCB, PACE and MOCDD determinations. It does not apply to any other MO HealthNet or Family Support Division (FSD) programs.

The hallmarks of a valid Miller Trust:

  • Irrevocable
  • Uses only the beneficiary’s income to create and maintain the trust
  • Income must be deposited regularly
  • The beneficiary must be disabled
  • Missouri must be named as a beneficiary upon death of the participant
  • The beneficiary cannot serve as Trustee
  • Disbursements from the trust must be for the participant/beneficiary or the beneficiary’s spouse or disabled child if they reside in the home with the beneficiary
  • The beneficiary must be applying for, or receiving HCB, PACE or MOCDD services

Example: Beth Jones receives $1380 gross in Social Security Disability benefits. She has applied for HCB. The current HCB maximum is $1311. She does have her SMI premium taken out of her Social Security, but HCB uses the gross income. Therefore she is $69 over the HCB maximum. She can create a Miller trust, and agree to deposit at least $69 each month into the trust. She decides to deposit $80 a month. Once this trust is set up, the $80 will no longer be counted as income for her HCB determination and she is found to be HCB eligible. Monies in the trust can be used to reimburse her for her SMI premium each month.

Until FAMIS programming is complete, the Poplar Bluff Processing Center, which is tasked with processing these cases with the exception of MOCDD, will employ a work-around to exclude the income from consideration for the appropriate programs without impacting other assistance groups.

The requirement to submit all trust documents to Program and Policy for determination of income and/or resource availability has not changed.

The relevant Income Maintenance Manual sections have been updated to reflect this change.

NECESSARY ACTION:

  • Review this memorandum with appropriate staff.
  • Send all trusts to MO HealthNet Program and Policy for review.

PL/mah

IM-001 – CLARIFICATION ON WAIVED INTERVIEWS FOR ELDERLY AND DISABLED HOUSEHOLDS

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FROM:  PATRICK LUEBBERING, DIRECTOR

SUBJECT:  CLARIFICATION ON WAIVED INTERVIEWS FOR ELDERLY AND DISABLED HOUSEHOLDS

MANUAL REVISION #1
1130.015.15

DISCUSSION:

This memorandum provides clarification to the previously released memo, IM-#136 Dated 11/20/17. The Food and Nutrition Services (FNS) has provided additional information regarding waiving recertification interviews for elder and disabled households.

To waive an interview at recertification for elderly and disabled households:

  • All adult household members are either elderly or disabled, and
  • There is no earned income, and
  • The household reports no change in circumstances

It was previously thought that all household members needed to be elderly or disabled to waive the recertification interview. FNS has provided information stating all adult household members be elderly or disabled to waive the recertification interview.

Review the Recertification Interview Decision User Guide to determine when it is appropriate to waive an interview.

NECESSARY ACTION:

  • Review this memorandum with appropriate staff.

PL/ks

IM-081 – APPOINTING AN AUTHORIZED REPRESENTATIVE (IM-6AR) REVISION

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FROM:   PATRICK LUEBBERING, DIRECTOR
SUBJECT:  APPOINTING AN AUTHORZED REPRESENTATIVE (IM-6AR) REVISION

                              FORM REVISION #9
                              IM-6AR

DISCUSSION:

This memorandum announces that the Appointing an Authorized Representative (IM-6AR) form has been updated to comply with HB 1250 (2018) known as the Missouri Fiduciary Access to Digital Assets Act.  In addition to the actions already available, this form now offers participants the option to grant access to their online communications with FSD while they are living or after they are deceased.

When a participant grants access to online information for the Food Stamp, Temporary Assistance or MO HealthNet for the Aged, Blind or Disabled programs with an IM-6AR, staff should enter a comment on the Representative Detail screen in FAMIS. When a participant grants access to online information for the Family MO HealthNet (MAGI) programs, staff should enter a comment on the primary member’s person page under the contact tab.

NOTE: Continue to accept IM-6AR forms with revision date of April 2017 or after.

NECESSARY ACTION:

  • Review this memorandum and new manual sections with appropriate staff.
  • Review the updated IM-6AR Instructions.
  • Begin using the new form immediately

 

PL/kp/ks/df/ph

IM-080 – FIDUCIARY ACCESS TO DIGITAL ASSETS

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FROM:  PATRICK LUEBBERING, DIRECTOR
SUBJECT:   FIDUCIARY ACCESS TO DIGITAL ASSETS

 

                              MANUAL REVISION #60
                              0105.040.23     

DISCUSSION:

House Bill 1250 (2018) known as the Missouri Fiduciary Access to Digital Assets Act, allows authorized individuals to access a participant’s online account information under certain circumstances.

Section 0105.040.23 Deceased Persons and Digital Assets has been added to the General Info Manual.  This section applies to all Income Maintenance programs and includes the information needed in order for FSD to fulfill requests regarding a deceased participant’s online FSD account.

Information regarding authorized representatives and protective payees can be found in the following sections:

NECESSARY ACTION:

  • Review this memorandum and new manual sections with appropriate staff.

 

PL/kp/plh/df/ks

IM-079 – UPDATES REGARDING AUTHORIZED REPRESENTATIVE INFORMATION THE FOR MO HEALTHNET FOR THE AGED, BLIND OR DISABLED (MHABD) PROGRAMS

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FROM:  PATRICK LUEBBERING, DIRECTOR
SUBJECT:    UPDATES REGARDING AUTHORIZED REPRESENTATIVE INFORMATION THE FOR MO HEALTHNET FOR THE AGED, BLIND OR DISABLED (MHABD) PROGRAMS

                              MANUAL REVISION #59
                              0130.020.00 – 0130.040.00
                              0803.020.00 – 0803.020.10.30
                              1802.020.30 – 1802.020.45

 

DISCUSSION:

The purpose of this memorandum is to announce that changes have been made to the information regarding authorized representatives for the MHABD MO HealthNet programs.  The General Info manual sections regarding authorized representatives for MO HealthNet programs have been moved to the Medical Assistance for the Aged, Blind, and Disabled manual.  The following sections are obsolete and lined-out:

  • 0130.020.00 AUTHORIZED REPRESENTATIVE(S) FOR MO HEALTHNET
  • 0130.020.05 Legal Basis
  • 0130.020.10 Appointment of an Authorized Representative
  • 0130.020.15 Appointment of an Authorized Representative when there is a Spouse or Second Parent in the Eligibility Unit
  • 0130.030.00 DURATION OF APPOINTMENT OF REPRESENTATIVE
  • 0130.040.00 AUTHORIZED REPRESENTATIVE REVOCATION

Current policy for authorized representatives for MO HealthNet can be found at:

The following information has been added to Section 0803.020.10 Appointment of an Authorized Representative:

  • Authorized representative access to information the participant submitted to FSD online;
  • Authorized representative access after the participant’s death to information regarding online interactions between the participant and FSD;
  • A parent may not represent an MHABD participant who turns age 18 unless that participant:
    • appoints the parent as an authorized representative; or
    • the parent produces documents that show the parent is appointed by the court as guardian and/or conservator; or
    • the parent has the participant’s power of attorney.

NOTE:  Authorized representative policy links in the MAGI manual have been updated in the following sections:

NECESSARY ACTION:

  • Review this memorandum and new manual sections with appropriate staff.

PL/kp

IM-078 – LONG-TERM CARE PARTNERSHIP CONTACT INFORMATION UPDATES

Posted on

2018 Memorandums

DEPARTMENT OF SOCIAL SERVICES
FAMILY SUPPORT DIVISION
PO BOX 2320
JEFFERSON CITY, MISSOURI

IM-#078, 12/27/2018

TO: ALL FAMILY SUPPORT OFFICES
FROM:  PATRICK LUEBBERING, DIRECTOR
SUBJECT:   LONG-TERM CARE PARTNERSHIP CONTACT INFORMATION UPDATES

MANUAL REVISION #58
1030.055.10

DISCUSSION:

The contact information for determining whether or not a long-term care policy qualifies for an asset disregard under a partnership program has been updated in the December 1973 Eligibility Requirements manual.

Section 1030.055.10 How to Determine if the Policy is a Qualified Long-Term Care Partnership Policy now lists 573-751-3365 as the contact phone number for the Missouri Department of Insurance, Financial Institutions, and Professional Registration.

NECESSARY ACTION:

  • Review this memorandum and updated manual section with appropriate staff.

PL/kp

IM-077 – REAL PROPERTY AS AN AVAILABLE RESOURCE FOR MO HEALTHNET FOR THE AGED, BLIND OR DISABLED PROGRAMS

Posted on

2018 Memorandums

DEPARTMENT OF SOCIAL SERVICES
FAMILY SUPPORT DIVISION
PO BOX 2320
JEFFERSON CITY, MISSOURI

IM-#077, 12/27/2018

TO: ALL FAMILY SUPPORT OFFICES
FROM:  PATRICK LUEBBERING, DIRECTOR
SUBJECT:   REAL PROPERTY AS AN AVAILABLE RESOURCE FOR MO HEALTHNET FOR THE AGED, BLIND OR DISABLED PROGRAMS

MANUAL REVISION #57
1030.010.10

DISCUSSION:

Clarification regarding the treatment of real property as a resource for MHABD programs has been added to the December 1973 Eligibility Requirements manual.

Section 1030.010.10 Real Property as Available Resource has been updated to define the different types of real property not used as the participant’s primary residence and how those properties are counted for MHABD programs:

  • Real property used in a participant’s business or trade
  • Non-business, income producing, real property
  • Non-business, real property used to produce goods or services for the sole benefit of the participant and that are essential to the participant’s self-support

These updates reflect the changes implemented on July 1, 2017 by 13 CSR 40-2.030.

NECESSARY ACTION:

  • Review this memorandum and updated manual section with appropriate staff.

PL/kp

IM-076 – CONTINUATION OF BENEFITS DURING THE HEARING PERIOD

Posted on

2018 Memorandums

DEPARTMENT OF SOCIAL SERVICES
FAMILY SUPPORT DIVISION
PO BOX 2320
JEFFERSON CITY, MISSOURI

IM-#075, 12/26/2018

TO: ALL FAMILY SUPPORT OFFICES
FROM:  PATRICK LUEBBERING, DIRECTOR
SUBJECT:   CONTINUATION OF BENEFITS DURING THE HEARING PERIOD

MANUAL REVISION #56
0130.020.50

DISCUSSION:

This memorandum introduces an update to the Hearings Manual. The update includes continuing benefits when a hearing is requested unless the Eligibility Unit (EU) or household specifically requests the benefits not continue during the hearing process.

The EU or household must now request benefits be discontinued during the hearing process, if they do not wish to continue benefits during this time.

NOTE: If the hearing decision affirms the FSD action, FSD will establish a claim for any benefits the EU or household was overpaid while waiting on the hearing decision.

This update applies to all Income Maintenance (IM) programs:

  • Food Stamps (FS)
  • Temporary Assistance (TA)
  • Family MO HealthNet – MAGI (MHN)
  • MO HealthNet for the Aged, Blind and Disabled (MHABD)
  • Child Care Assistance (CC)

NECESSARY ACTION:

  • Review this memorandum with appropriate staff.

PL/ks

IM-075 – KNOWN TO AGENCY FOOD STAMP POLICY UPDATE

Posted on

2018 Memorandums

DEPARTMENT OF SOCIAL SERVICES
FAMILY SUPPORT DIVISION
PO BOX 2320
JEFFERSON CITY, MISSOURI

IM-#075, 12/26/2018

TO: ALL FAMILY SUPPORT OFFICES
FROM:  PATRICK LUEBBERING, DIRECTOR
SUBJECT:   KNOWN TO AGENCY FOOD STAMP POLICY UPDATE

MANUAL REVISION #55
1140.005.00 Changes Not Required To Be Reported By Eligibility Unit

DISCUSSION:

The purpose of this memo is to inform staff of the update to Food Stamp policy, 1140.005.00 Changes Not Required To Be Reported By Eligibility Unit, to clarify known to agency.

The updates explain that actions taken by other programs need to be reported and verified to Income Maintenance to be considered known to agency and acted on for Food Stamps.

NECESSARY ACTION:

  • Review this memorandum with appropriate staff.

PL/cs

IM-074 – HOMELESS EXEMPTION DEFINITION POLICY UPDATE

Posted on

2018 Memorandums

DEPARTMENT OF SOCIAL SERVICES
FAMILY SUPPORT DIVISION
PO BOX 2320
JEFFERSON CITY, MISSOURI

IM-#074, 12/21/2018

TO: ALL FAMILY SUPPORT OFFICES
FROM:  PATRICK LUEBBERING, DIRECTOR
SUBJECT:   HOMELESS EXEMPTION DEFINITION POLICY UPDATE

MANUAL REVISION #54
1105.025.05.05
1105.035.30

DISCUSSION:

The purpose of this memo is to inform staff of an update to the Food Stamp Manual regarding homeless work requirement exemption. The manual update defines homeless and that it is an exemption to work requirements and work registration, if the individual is not otherwise exempt for another reason.

NECESSARY ACTION:

  • Review this memorandum with appropriate staff.

PL/cs