DAR File No. 32629
This filing was published in the 05/15/2009, issue, Vol. 2009, No. 10, of the Utah State Bulletin.
Health, Health Care Financing, Coverage and Reimbursement Policy
R414-320
Medicaid Health Insurance Flexibility and Accountability Demonstration Waiver
NOTICE OF PROPOSED RULE
DAR File No.: 32629
Filed: 04/30/2009, 04:54
Received by: NL
RULE ANALYSIS
Purpose of the rule or reason for the change:
In accordance with the American Recovery and Reinvestment Act (ARRA) of 2009, the purpose of this change is to exclude certain types of income to determine Utah's Premium Partnership for Health Insurance (UPP) eligibility.
Summary of the rule or change:
In accordance with ARRA requirements, this change excludes certain types of income, recovery payments, and Consolidated Omnibus Reconciliation Act (COBRA) health insurance premium subsidies to determine UPP eligibility. It further clarifies and updates the application procedure to determine the effective date of enrollment in the UPP program.
State statutory or constitutional authorization for this rule:
Sections 26-18-3 and 26-1-5
Anticipated cost or savings to:
the state budget:
There is a nominal cost to the state budget based on the "making work pay credit" for which some working individuals will qualify. Nevertheless, there is insufficient data to determine how many individuals will qualify for this credit and what the total cost will be. Otherwise, there is no budget impact because the income that is excluded to determine UPP eligibility was not available to individuals before Congress enacted ARRA.
local governments:
This change does not impact local governments because they do not determine UPP eligibility and do not fund or provide UPP services.
small businesses and persons other than businesses:
There are nominal savings to working individuals who will qualify for the "making work pay credit" under ARRA. Nevertheless, there is insufficient data to determine how many individuals will qualify for this credit and what the total cost will be. Otherwise, there is no budget impact because the income that is excluded to determine UPP eligibility was not available to individuals before Congress enacted ARRA.
Compliance costs for affected persons:
There are no compliance costs because this change does not require anyone to pay more for UPP coverage and it does not change the eligibility status of an individual recipient. Further, this change will only provide savings to an individual who qualifies for "making work pay credit".
Comments by the department head on the fiscal impact the rule may have on businesses:
These changes are necessary to comply with federal law and to stay within appropriations. David N. Sundwall, MD, Executive Director
The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:
HealthHealth Care Financing, Coverage and Reimbursement Policy
CANNON HEALTH BLDG
288 N 1460 W
SALT LAKE CITY UT 84116-3231
Direct questions regarding this rule to:
Craig Devashrayee at the above address, by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at [email protected]
Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:
06/15/2009
This rule may become effective on:
07/01/2009
Authorized by:
David N. Sundwall, Executive Director
RULE TEXT
R414. Health, Health Care Financing, Coverage and Reimbursement Policy.
R414-320. Medicaid Health Insurance Flexibility and Accountability Demonstration Waiver.
R414-320-10. Income Provisions.
(1) For an adult to be eligible to enroll, gross countable household income must be equal to or less than 150% of the federal non-farm poverty guideline for a household of the same size.
(2) For children to be eligible to enroll, gross countable household income must be equal to or less than 200% of the federal non-farm poverty guideline for a household of the same size.
(3) All gross income, earned and unearned, received by the individual and the individual's spouse is counted toward household income, unless this section specifically describes a different treatment of the income.
(4) The Department does not count as income any payments from sources that federal laws specifically prohibit from being counted as income to determine eligibility for the UPP program.
([4]5) Any income in a trust that is available to,
or is received by a household member, is countable income.
([5]6) Payments received from the Family Employment
Program, Working Toward Employment program, refugee cash assistance or adoption
support services as authorized under Title 35A, Chapter 3 are countable income.
([6]7) Rental income is countable income. The following expenses can be deducted:
(a) Taxes and attorney fees needed to make the income available;
(b) Upkeep and repair costs necessary to maintain the current value of the property;
(c) Utility costs only if they are paid by the owner; and
(d) Interest only on a loan or mortgage secured by the rental property.
([7]8) Cash contributions made by non-household
members are counted as income unless the parties have a signed written
agreement for repayment of the funds.
([8]9) The interest earned from payments made under
a sales contract or a loan agreement is countable income to the extent that these
payments will continue to be received during the certification period.
([9]10) Needs-based Veteran's pensions are counted
as income. Only the portion of a
Veteran's Administration check to which the individual is legally entitled is
countable income.
([10]11) Child support payments received for a
dependent child living in the home are counted as that child's income.
([11]12) In-kind income, which is goods or services
provided to the individual from a non-household member and which is not in the
form of cash, for which the individual performed a service or which is provided
as part of the individual's wages is counted as income. In-kind income for which the individual did
not perform a service, or did not work to receive, is not counted as income.
([12]13) Supplemental Security Income and State
Supplemental payments are countable income.
([13]14) Income that is defined in 20 CFR 416 Subpart
K, Appendix, 2004 edition, which is incorporated by reference, is not
countable.
([14]15) Payments that are prohibited under other
federal laws from being counted as income to determine eligibility for
federally-funded medical assistance programs are not countable.
([15]16) Death benefits are not countable income to
the extent that the funds are spent on the deceased person's burial or last
illness.
([16]17) A bona fide loan that an individual must
repay and that the individual has contracted in good faith without fraud or
deceit, and genuinely endorsed in writing for repayment is not countable
income.
([17]18) Child Care Assistance under Title XX is not
countable income.
([18]19) Reimbursements of Medicare premiums received
by an individual from Social Security Administration or the Department are not
countable income.
([19]20) Earned and unearned income of a child is not
countable income if the child is not the head of a household.
([20]21) Educational income, such as educational
loans, grants, scholarships, and work-study programs are not countable
income. The individual must verify
enrollment in an educational program.
([21]22) Reimbursements for employee work expenses
incurred by an individual are not countable income.
([22]23) The value of food stamp assistance is not
countable income.
([23]24) Income paid by the U.S. Census Bureau to a temporary
census taker to prepare for and conduct the census is not countable income.
(25) The additional $25 a week payment to unemployment insurance recipients provided under Section 2002 of the American Recovery and Reinvestment Act of 2009, Pub. L. No. 111-5, which an individual may receive from March 2009 through June 2010 is not countable income.
(26) The one-time economic recovery payments received by individuals receiving social security, supplemental security income, railroad retirement, or veteran's benefits under the provisions of Section 2201 of the American Recovery and Reinvestment Act of 2009, Pub. L. No. 111-5, 123 Stat. 115, and refunds received under the provisions of Section 2202 of the American Recovery and Reinvestment Act of 2009, Pub. L .No. 111-5, 123 Stat. 115, for certain government retirees are not countable income.
(27) The Consolidated Omnibus Reconciliation Act (COBRA) premium subsidy provided under Section 3001 of the American Recovery and Reinvestment Act of 2009, Pub. L No.111-5, 123 Stat. 115, is not countable income.
(28) The making work pay credit provided under Section 1001 of the American Recovery and Reinvestment Act of 2009, Pub. L. No. 111-5, 123 Stat. 115, is not countable income.
R414-320-13. Application Procedure.
(1) The application is the initial request from an applicant for UPP enrollment. The application process includes gathering information and verifications to determine the individual's eligibility for enrollment.
(2) The applicant must complete and sign a written application or complete an application on-line via the Internet to enroll in the UPP program.
(a) The Department accepts any Department-approved application form for medical assistance programs offered by the state as an application for the UPP program. The local office eligibility worker may require the applicant to provide additional information that was not asked for on the form the applicant completed, and may require the applicant to sign a signature page from a hardcopy medical application form.
(b) If an applicant cannot write, he must make his mark on the application form and have at least one witness to the signature. A legal guardian or a person with power of attorney may sign the application form for the applicant.
(c) An authorized representative may apply for the applicant if unusual circumstances prevent the individual from completing the application process himself. The applicant must sign the application form if possible.
(3) The date of application [will be decided
as follows:]is the day the agency receives a signed application form at
a local office by the close of business on a business day. This applies to paper applications delivered
in person or by mail, paper applications sent via facsimile transmission, and
electronic applications sent via the internet.
If a local office receives an application after the close of business on
a business day, the date of application is the next business day.
[(a) The date the Department receives a
completed, signed application is the application date when the application is
delivered to a local office.
(b) The date postmarked on the envelope is the
application date when a completed, signed application is mailed to the agency.
(c) The date the Department receives a
completed, signed application via facsimile transfer is the application
day. The agency accepts the signed
application sent via facsimile as a valid application and does not require it to
be signed again.
(d) The transaction date is the application date
when the application is submitted online.](4) The application date
for applications delivered to an outreach location is as follows:
(a) If the application is delivered at a time when the outreach staff is working at that location, the date of application is the date the outreach staff receives the application.
(b) If the application is delivered at a time when the outreach office is closed, including being closed for weekends or holidays, the date of application is the last business day that a staff person from the state agency was available to receive or pick up applications from the location.
(5) The due date for verification needed to complete an application and determine eligibility is the close of business on the last day of the application period.
([4]6) If an applicant has a legal guardian, a
person with a power of attorney, or an authorized representative, the local
office shall send decision notices, requests for information, and forms that
must be completed to both the individual and the individual's representative,
or to just the representative if requested or if determined appropriate.
([5]7) The Department shall reinstate a UPP case
without requiring a new application if the case was closed in error.
([6]8) The Department shall continue enrollment
without requiring a new application if the case was closed for failure to
complete a recertification or comply with a request for information or
verification:
(a) If the enrollee complies before the effective date of the case closure or by the end of the month immediately following the month the case was closed; and
(b) The individual continues to meet all eligibility requirements.
([7]9) An applicant may withdraw an application any
time before the Department completes an eligibility decision on the
application.
([8]10) If an eligible household requests enrollment
for a new household member, the application date for the new household member
is the date of the request. A new
application form is not required.
However, the household shall provide the information necessary to
determine eligibility for the new member, including information about access to
creditable health insurance.
(a) Benefits for the new household member will be allowed from the date of request or the date an application is received through the end of the current certification period.
(b) A new income test is not required to add the new household member for the months remaining in the current certification period.
(c) A new household member may be added only if the Department has not stopped enrollment under Section R414-320-15.
(d) Income of the new member will be considered at the next scheduled recertification.
([9]11) A child who loses Medicaid coverage because
he or she has reached the maximum age limit and does not qualify for any other
Medicaid program without paying a spenddown, may enroll in UPP without waiting
for the next open enrollment period.
([10]12) A child who loses Medicaid coverage because
he or she is no longer deprived of parental support and does not qualify for
any other Medicaid program without paying a spenddown, may enroll in UPP
without waiting for the next open enrollment period.
([11]13) A new child born to or adopted by an
enrollee may be enrolled in UPP without waiting for the next open enrollment
period.
R414-320-15. Effective Date of Enrollment and Enrollment Period.
(1) The effective date of enrollment is the day
that a completed and signed application is received at a local office [by
the close of business on a business day.
This applies to paper applications delivered in person or by mail, paper
applications sent via facsimile transmission, and electronic applications sent
via the internet. If a local office
receives an application after the close of business on a business day, the
effective date of UPP enrollment is the next business day]as defined in
Subsections R414-320-13(3) and R414-320-13(4)(a) and (b), and the applicant
meets all eligibility criteria and enrolls in and pays the first premium for
the employer-sponsored health insurance in the application month.[
(2) The application date for applications
delivered to an outreach location is as follows:
(a) If the application is delivered at a time
when the outreach staff is working at that location, the date of application is
the date the outreach staff receives the application.
(b) If the application is delivered on a
non-business day or at a time when the outreach office is closed, the date of
application is the last business day that a staff person from the state agency
was available to receive or pick up applications from the location.
(3) The due date for verifications needed to
complete an application and determine eligibility is the close of business on
the last day of the application period.]
([4]2) The effective date of enrollment cannot be
before the month in which the applicant pays a premium for the
employer-sponsored health insurance and is determined as follows:
(a) The effective date of enrollment is the date an application is received and the person is found eligible, if the applicant enrolls in and pays the first premium for the employer-sponsored health insurance in the application month.
(b) If the applicant will not pay a premium for the employer-sponsored health insurance in the application month, the effective date of enrollment is the first day of the month in which the applicant pays a premium for the employer-sponsored health insurance. The applicant must enroll in the employer-sponsored health insurance no later than 30 days from the day on which the Department of Workforce Services sends the applicant written notice that he meets the qualifications for UPP.
(c) If the applicant does not enroll in the employer-sponsored health insurance within 30 days from the day on which the Department of Workforce Services sends the applicant written notice that he meets the qualifications for UPP, the application shall be denied and the individual will have to reapply during another open enrollment period.
([5]3) The effective date of enrollment for a
newborn or newly adopted child is the date the newborn or newly adopted child
is enrolled in the employer-sponsored health insurance if the family requests
the coverage within 30 days of the birth or adoption. If the request is more than 30 days after the birth or adoption,
enrollment is effective the date of report.
([6]4) The effective date of re-enrollment for a
recertification is the first day of the month after the recertification month,
if the recertification is completed as described in R414-320-13.
([7]5) If the enrollee does not complete the
recertification as described in R414-320-13, and the enrollee does not have
good cause for missing the deadline, the case will remain closed and the
individual may reapply during another open enrollment period.
([8]6) An individual found eligible shall be
eligible from the effective date through the end of the first month of
eligibility and for the following 12 months.
If the enrollee completes the redetermination process in accordance with
R414-320-13 and continues to be eligible, the recertification period will be
for an additional 12 months beginning the month following the recertification
month. Eligibility could end before the
end of a 12-month certification period for any of the following reasons:
(a) The individual turns age 65;
(b) The individual becomes entitled to receive Medicare, or becomes covered by Veterans Administration Health Insurance;
(c) The individual dies;
(d) The individual moves out of state or cannot be located;
(e) The individual enters a public institution or an Institute for Mental Disease.
([9]7) If an adult enrollee discontinues enrollment
in employer-sponsored insurance coverage, eligibility ends. If the enrollment in employer-sponsored
insurance is discontinued involuntarily and the individual notifies the local
office within 10 calendar days of when the insurance ends, the individual may
switch to the PCN program for the remainder of the certification period.
([10]8) A child enrollee may discontinue
employer-sponsored health insurance and move to direct coverage under the
Children's Health Insurance Program at any time during the certification period
without any waiting period.
([11]9) An individual enrolled in the Primary Care
Network or the Children's Health Insurance Program who enrolls in an
employer-sponsored plan may switch to the UPP program if the individual reports
to the local office within 10 calendar days of enrolling in an
employer-sponsored plan and before coverage on the employer-sponsored plan
begins.
([12]10) If a UPP case closes for any reason, other
than to become covered by another Medicaid program or the Children's Health
Insurance Program, and remains closed for one or more calendar months, the
individual must submit a new application to the local office during an open
enrollment period to reapply. The
individual must meet all the requirements of a new applicant.
([13]11) If a UPP case closes because the enrollee is
eligible for another Medicaid program or the Children's Health Insurance
Program, the individual may reenroll if there is no break in coverage between
the programs, even if the State has stopped enrollment under R414-320-15.
(a) If the individual's 12-month certification period has not ended, the individual may reenroll for the remainder of that certification period. The individual is not required to complete a new application or have a new income eligibility determination.
(b) If the 12-month certification period from the prior enrollment has ended, the individual may still reenroll. However, the individual must complete a new application and meet eligibility and income guidelines for the new certification period.
(c) If there is a break in coverage of one or more calendar months between programs, the individual must reapply during an open enrollment period.
KEY:
Medicaid, [PCN, CHIP]UPP
Date of Enactment or Last Substantive
Amendment: [January 22], 2009
Authorizing, and Implemented or Interpreted Law: 26-18-3; 26-1-5
ADDITIONAL INFORMATION
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For questions regarding the content or application of this rule, please contact Craig Devashrayee at the above address, by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at [email protected]
For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.
Last modified: 05/13/2009 2:53 PM