M E M O R A N D U M

IM-31 04/29/94 CLARIFICATION OF QMB/SLMB/QDWI POLICY


SUBJECT:
CLARIFICATION OF QMB/SLMB/QDWI POLICY
DISCUSSION:
Based on a recent federal review of our QMB program, we are changing several policies related to real property and institutional residence for QMB, SLMB, and QDWI.

Real Property - RSMo 40-2.030; Chapter XI, Section V, page 2

The above referenced regulation at item (A) deals with real property in which the applicant or recipient has lived, and the subsequent application of the 24-month rule when the individual leaves the property.  If a non-institutionalized claimant expresses the intent to return to the principle place of residence at any time, do not consider the property an available resource for QMB, SLMB, or QDWI at the expiration of the 24 month period.  If the claimant does not intend to return to the property, consider the property available at the end of the 24 month period.  Accept the claimant's statement of intent.

The 24-month rule has not changed for all other programs.

On page 2 of Chapter XI, Section V, note in ink that the 24-month rule is changed for QMB, SLMB, and QDWI, as explained in this memorandum.

Institutional Residence - RSMo 40-2.080; Chapter XI, Section III, page 3

The portion of the regulation cited above [at item (2)] regarding ineligibility for institutional residence based on certain conditions does not apply to the QMB, SLMB, or QDWI programs. The specific sections that do not apply are items:

  1. Claimants who are "...entitled to care in the institution because of membership in the group operating the institution..."

    2.  
  2. A claimant who has "...made a lump sum payment or has transferred property or other resources in exchange for lifetime care..." and;

    3.  
  3. An institution that "...is meeting and will continue to meet the essential needs of the applicant or recipient."
For example, if members of a religious order are living in an institutional setting such as a mother house or convent, they cannot be denied QMB, SLMB, or QDWI on the basis of being in an institutional residence in which they are entitled to care because of membership in the group.  (The individual remains ineligible for MA or other TXIX programs on this factor.)

On page 3 of Chapter XI, Section III, note in ink that items (A), (B), and (C) do not apply to QMB, SLMB, or QDWI.

Begin applying these changed policies to the QMB, SLMB, and QDWI programs with receipt of this memorandum.
NECESSARY ACTION:
  • Share this memorandum with appropriate staff.
  • Begin applying these changed policies to the QMB, SLMB, and QDWI programs immediately.
  • Make pen and ink changes to the Income Maintenance policy manual as instructed in this memorandum.
  • Retain this memorandum for future reference until receipt of the new version of the policy manual.
SBP
Distribution #1
[ 1994 Memorandums ]