Medicaid Long-Term Services and Supports (LTSS) Post-Eligibility Treatment of Income (PETI) (210-RICR-50-00-8)


210-RICR-50-00-8 ACTIVE RULE EMERGENCY RULE

Title 210 Executive Office of Health and Human Services
Chapter 50 Medicaid Long-Term Services and Supports
Subchapter 00 Long-Term Services
Part 8 Medicaid Long-Term Services and Supports (LTSS) Post-Eligibility Treatment of Income (PETI) (210-RICR-50-00-8)
Type of Filing Amendment
Regulation Status Active
Effective 05/01/2020 to 10/28/2020

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 Part pertains to the post-eligibility treatment of income or “PETI” process and the determination of beneficiary liability. To ensure the beneficiary and/or spouse remaining at home (the “community” spouse) and the dependents of the LTSS beneficiary (the “institutionalized” spouse) have sufficient income and resources to thrive, Congress established a process to prevent spousal impoverishment. One important aspect of this process is a re-evaluation of the beneficiary’s income – known as PETI – to determine what, if any, amount remains and available to be applied to the LTSS cost of care after certain amounts are set aside or “protected” to meet the financial needs of the beneficiary, spouses and/or dependents. The amount a beneficiary must pay toward the cost of care for Medicaid LTSS coverage is referred to hereinafter as “beneficiary liability.”

Brief statement of Reason for Finding Imminent Peril :

COVID-19