SSI-Related Medicaid Resource Eligibility Criteria  

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    DEPARTMENT OF CHILDREN AND FAMILY SERVICES
    Economic Self-Sufficiency Program

    RULE NO: RULE TITLE
    65A-1.712: SSI-Related Medicaid Resource Eligibility Criteria

    NOTICE OF CHANGE

    Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 33, No. 30, July 27, 2007 issue of the Florida Administrative Weekly.

    IF REQUESTED WITHIN 14 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW (IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):

    DATE AND TIME:  September 24, 2007, 1:30 p.m.

    PLACE: 1317 Winewood Boulevard, Building 3, Room 455, Tallahassee, FL. 32399

    THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Pat Whitford, Economic Self-Sufficiency Services, phone (850)410-3479.

     

    TEXT OF THE PROPOSED RULE CHANGES:

    (1) through (2) No change.

    (a) No change.

    (b) The value of a life estate interest in real property is excluded.

    (b) through (e) renumbered (c) through (f) No change.

    (g)(f) No change.

    (3) Transfer of Resources and Income.

    (a) through (b) No change.

    (c) No change.

    1. through 4. No change.

    5. A transfer penalty shall not be imposed if the department determines that the denial of the eligibility due to transferred resources or income would work an undue hardship on the individual. Undue hardship exists when imposing a period of ineligibility would deprive an individual of food, clothing, shelter or medical care such that their life or health would be endangered. Undue hardship also exists when imposing a period of ineligibility would deprive the individual of food, clothing, shelter or other necessities of life. All efforts to access the resources or income must be exhausted before this exception applies. The facility in which the institutionalized individual is residing may request an undue hardship waiver on behalf of the individual with the consent of the individual or their designated representative.

    (d) No change.

    (e) Each individual shall be given the opportunity to rebut the presumption that a resource or income was transferred for the purpose of qualifying for Medicaid eligibility.  No period of ineligibility shall be imposed if the individual provides proof that they intended to dispose of the resource or income at fair market value or for other valuable consideration, or provides proof that the transfer occurred solely for a reason other than to become Medicaid eligible or if the individual’s total countable resources (including the transferred resources) are below the program limits.

    Specific Authority 409.919 FS. Law Implemented 409.902, 409.903, 409.904, 409.906, 409.919 FS. History–New 10-8-97, Amended 1-27-99, 4-1-03, 9-28-04, 8-10-06(1), 8-10-06(2), 8-10-06(3),________.