Spousal Impoverishment Budgeting Applied to a Waiver or MLTC

A recent General Information System (GIS) message 14/MA 15 to local departments of social services (LDSS) requires the use of spousal impoverishment budgeting with post-eligibility rules for couples, when a spouse is receiving home and community-based services (HCBS) through a 1915 ( c) waiver or enrolled in a managed long term care (MLTC) plan under the state's 1115 waiver.

Earlier GIS's policies described in GIS 12 MA/013, "Spousal Impoverishment Budgeting with Post-Eligibility Rules for Individuals Participating in a Home and Community-Based Waiver Program," and  GIS 13 MA/018, "Spousal Impoverishment and Transfer of Assets Rules for Certain Individuals Enrolled in Managed Long Term Care," which require a comparison of two budgeting methodologies in order to determine whether spousal impoverishment budgeting with post-eligibility rules is the most advantageous budgeting, are rescinded.

Please note, as of January 1, 2014, the spousal impoverishment budgeting post-eligibility rules must be used when determining income and resource eligibility for married couples with a spouse receiving HCBS waiver services or with a spouse enrolled in a MLTC plan. According to the GIS, for active cases, the change in budgeting must be applied at renewal or first contact/case maintenance.

Contact: Cheryl Udell, cudell@leadingageny.org, 518-867-8871