Medicaid Code of Administrative Rules, Section #0392, "Post-Eligibility Treatment of Income"

Regulation Authority:

Chapters 40-6 and 40-8 of the Rhode Island General Laws, as amended; Title XIX of the Social Security Act

Purpose and Reason:

The Executive Office of Health & Human Services (EOHHS) has amended the Medicaid Code of Administrative Rules (“MCAR”) Section #0392, “Post-Eligibility Treatment of Income.” EOHHS filed these regulations as an “emergency” amendment on July 1, 2015 in order to incorporate recent changes to the federal 2015 Medicaid “Spousal Impoverishment Standards”, the updated minimum monthly maintenance needs allowance (MMMNA), and the monthly housing allowances for community spouses. Because the revised standards were published by the federal Centers for Medicare and Medicaid Services (CMS) on May 4, 2015 and had to be in effect on July 1, 2015, EOHHS filed on an “emergency” basis to accommodate this compressed time line. EOHHS is adopting these amended rules to set forth these provisions in a timely manner in order to prevent wrongful denial, discontinuance, or interruption of benefits for Medicaid applicants and beneficiaries.