Community Medicaid: Medically Needy Eligibility (210-RICR-40-05-2)


Title 210 Executive Office of Health and Human Services
Chapter 40 Medicaid for Elders and Adults with Disabilities
Subchapter 05 Community Medicaid
Part 2 Community Medicaid: Medically Needy Eligibility (210-RICR-40-05-2)
Type of Filing Amendment
Regulation Status Active
Effective 05/01/2020 to 12/27/2020

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 :

This rule discusses the “medically needy” eligibility pathway for Community Medicaid beneficiaries. The amendments include a new section 2.5(B)(2), “conditions on application”, related to allowable expenses for a Medicaid spenddown. The scope, amount, and duration of the service determines whether it qualifies as an allowable expense as a Medicaid covered or non-covered service and, therefore, the order in which it is deducted from excess income. The sequence of deductions for allowable expenses is set forth in this section.

Editorial Notes :

The agency requested an extension to the effective dates allowed by R.I. Gen. Laws § 42-35-2.10 for this emergency amendment which was promulgated on 5/1/2020. The extension was granted in accordance with Executive Order 20-80 which permits extensions for sixty (60) days. As a result of this additional extension, the effective dates have been revised and the regulation will now become ineffective on 12/27/2020.

Brief statement of Reason for Finding Imminent Peril :