CABINET FOR HEALTH AND FAMILY SERVICES

Department for Medicaid Services

Division of Policy and Operations

(As Amended at ARRS, February 10, 2014)

 

††††† 907 KAR 20:100. Modified Adjusted Gross Income (MAGI) Medicaid eligibility standards.

 

††††† RELATES TO: KRS 205.520

††††† STATUTORY AUTHORITY: KRS 194A.010(1), 194A.030(2), 194A.050(1), 205.520(3), 42 U.S.C. 1396a(e)(14)

††††† NECESSITY, FUNCTION, AND CONFORMITY: The Cabinet for Health and Family Services, Department for Medicaid Services has responsibility to administer the Medicaid Program. KRS 205.520(3) authorizes the cabinet, by administrative regulation, to comply with any requirement that may be imposed or opportunity presented by federal law to qualify for federal Medicaid funds. This administrative regulation establishes the provisions and requirements for individuals whose Medicaid eligibility is determined using the modified adjusted gross income as the income standard. The affected individuals include children under the age of nineteen (19) years, pregnant women up to sixty (60) days postpartum, caretaker relatives, and adults under age sixty-five (65) who do not have a dependent child under the age of nineteen (19) years and are not otherwise eligible for Medicaid benefits.

 

††††† Section 1. Applicability. (1)(a) The provisions and requirements of this administrative regulation shall apply to individuals whose Medicaid eligibility is determined using the modified adjusted gross income as the income standard.

††††† (b) An individual whose Medicaid eligibility is determined using the modified adjusted gross income as an income standard shall be an individual[:

††††† 1.] who is:

††††† 1.[a.] A child under the age of nineteen (19) years, excluding a child[children] in foster care;

††††† 2.[b.] A caretaker relative with income up to 133 percent of the federal poverty level established annually by the United States Department of Health and Human Services pursuant to 42 U.S.C. 9902(2);

††††† 3.[c.] A pregnant woman, with income up to 195[185] percent of the federal poverty level established annually by the United States Department of Health and Human Services pursuant to 42 U.S.C. 9902(2), including the postpartum period up to sixty (60) days after delivery;

††††† 4.[d.] An adult under age sixty-five (65) with income up to 133 percent of the federal poverty level established annually by the United States Department of Health and Human Services pursuant to 42 U.S.C. 9902(2), who:

††††† a.[(i)] Does not have a dependent child under the age of nineteen (19) years; and

††††† b.[(ii)] Is not otherwise eligible for Medicaid benefits; or

††††† 5.[e.] A targeted low income child with income up to 150 percent of the federal poverty level established annually by the United States Department of Health and Human Services pursuant to 42 U.S.C. 9902(2).

††††† (2)(a) If an eligibility determination indicates that an individualís income exceeds 133 percent of the federal poverty level established annually by the United States Department of Health and Human Services pursuant to 42 U.S.C. 9902(2), the department shall apply an additional cushion of five (5) percent of the federal poverty level toward the eligibility determination for the individual.

††††† (b) If after the five (5) percent adjustment, the individualís income is under the adjusted income threshold, the individual shall meet the modified adjusted gross income standard.

††††† (3) The provisions and requirements of this administrative regulation shall not apply to an individual[individuals] whose Medicaid eligibility is determined using an eligibility standard that is not the modified adjusted gross income.

 

††††† Section 2. MAGI-based Methods. The department shall use the MAGI-based methods established in 42 C.F.R. 435.603 to determine whether an individual meets the Medicaid income eligibility requirements if[when] the eligibility standard is the modified adjusted gross income.

 

††††† Section 3. Resources Not Considered. An individualís resources shall not be considered for the purpose of determining Medicaid eligibility if[when] the eligibility standard is the modified adjusted gross income.

 

††††† Section 4. Citizenship and Residency Requirements. (1) The citizenship requirements established in 42 C.F.R. 435.406 shall apply.

††††† (2) Except as established in subsection (3) or (4) of this section, to satisfy the Medicaid:

††††† (a) Citizenship requirements, an applicant or recipient shall be:

††††† 1. A citizen of the United States as verified through satisfactory documentary evidence of citizenship or nationality presented during initial application or if a current recipient, upon next redetermination of continued eligibility;

††††† 2.[Except as provided in subsection (3) of this section,] A qualified alien who entered the United States before August 22, 1996, and is:

††††† a. Lawfully admitted for permanent residence pursuant to 8 U.S.C. 1101;

††††† b. Granted asylum pursuant to 8 U.S.C. 1158;

††††† c. A refugee admitted to the United States pursuant to 8 U.S.C. 1157;

††††† d. Paroled into the United States pursuant to 8 U.S.C. 1182(d)(5) for a period of at least one (1) year;

††††† e. An alien whose deportation is being withheld pursuant to 8 U.S.C. 1253(h), as in effect prior to April 1, 1997, or 8 U.S.C. 1231(b)(3);

††††† f. Granted conditional entry pursuant to 8 U.S.C. 1153(a)(7), as in effect prior to April 1, 1980;

††††† g. An alien who is granted status as a Cuban or[and] Haitian entrant pursuant to 8 U.S.C. 1522;

††††† h. A battered alien pursuant to 8 U.S.C. 1641(c);

††††† i. A veteran pursuant to 38 U.S.C. 101, 107, 1101, or 1301 with a discharge characterized as an honorable discharge and not on account of alienage;

††††† j. On active duty other than active duty for training in the Armed Forces of the United States and who fulfills the minimum active duty service requirements established in 38 U.S.C. 5303A(d);

††††† k. The spouse or unmarried dependent child of an individual described in clause i. or j. of this subparagraph or the unremarried surviving spouse of an individual described in clause i. or j. of this subparagraph if the marriage fulfills the requirements established in 38 U.S.C. 1304; or

††††† l. An Amerasian immigrant pursuant to 8 U.S.C. 1612(a)(2)(A)(v); or

††††† 3. A qualified alien who entered the United States on or after August 22, 1996, and is:

††††† a. Granted asylum pursuant to 8 U.S.C. 1158;

††††† b. A refugee admitted to the United States pursuant to 8 U.S.C. 1157;

††††† c. An alien whose deportation is being withheld pursuant to 8 U.S.C. 1253(h), as in effect prior to April 1, 1997, or 8 U.S.C. 1231(b)(3);

††††† d. An alien who is granted status as a Cuban or[and] Haitian entrant pursuant to 8 U.S.C. 1522;

††††† e. A veteran pursuant to 38 U.S.C. 101, 107, 1101, or 1301 with a discharge characterized as an honorable discharge and not on account of alienage;

††††† f. On active duty other than active duty for training in the Armed Forces of the United States and who fulfils the minimum active duty service requirements established in 38 U.S.C. 5303A(d);

††††† g. The spouse or unmarried dependent child of an individual described in clause e. or f. of this subparagraph or the unremarried surviving spouse of an individual described in clause e. or f. of this subparagraph if the marriage fulfills the requirements established in 38 U.S.C. 1304;

††††† h. An Amerasian immigrant pursuant to 8 U.S.C. 1612(a)(2)(A)(v); or

††††† i. An individual lawfully admitted for permanent residence pursuant to 8 U.S.C. 1101 who has earned forty (40) quarters of Social Security coverage; and

††††† (b) Residency requirements, the applicant or recipient shall be a resident of Kentucky who meets the conditions for determining state residency pursuant to 42 C.F.R. 435.403.

††††† (3) A qualified or nonqualified alien shall be eligible for medical assistance as provided in this subsection.

††††† (a) The individual shall meet the income, resource, and categorical requirements of the Medicaid Program.

††††† (b) The individual shall have, or have had within at least one (1) of the three (3) months prior to the month of application, an emergency medical condition:

††††† 1. Not related to an organ transplant procedure; and

††††† 2. Which shall be a medical condition, including severe pain, in which the absence of immediate medical attention could reasonably be expected to result in placing the individualís health in serious jeopardy, serious impairment to bodily functions, or serious dysfunction of any bodily organ or part.

††††† (c)1. Approval of eligibility shall be for a time limited period which includes, except as established in subparagraph 2 of this paragraph, the month in which the medical emergency began and the next following month.

††††† 2. The eligibility period shall be extended for an appropriate period of time upon presentation to the department of written documentation from the medical provider that the medical emergency will exist for a more extended period of time than is allowed for in the time limited eligibility period.

††††† (d) The Medicaid benefits to which the individual is entitled shall be limited to the medical care and services, including limited follow-up, necessary for the treatment of the emergency medical condition of the individual.

††††† (4)(a) The satisfactory documentary evidence of citizenship or nationality requirement in subsection (2)(a)1 of this section shall not apply to an individual who:

††††† 1. Is receiving SSI benefits;

††††† 2. Previously received SSI benefits but is no longer receiving them;

††††† 3. Is entitled to or enrolled in any part of Medicare;

††††† 4. Previously received Medicare benefits but is no longer receiving them;

††††† 5. Is receiving:

††††† a. Disability insurance benefits under 42 U.S.C. 423; or

††††† b. Monthly benefits under 42 U.S.C. 402 based on the individualís disability pursuant to 42 U.S.C. 423(d)[223(d)];

††††† 6. Is in foster care and who is assisted under Title IV-B of the Social Security Act, which is codified as 42 U.S.C. 621 through 628b; or

††††† 7. Receives foster care maintenance or adoption assistance payments under Title IV-E of the Social Security Act, which is codified as 42 U.S.C. 670 through 679c.

††††† (b) The departmentís documentation requirements shall be in accordance with the requirements established in 42 U.S.C. 1396b(x).

††††† (5) The department shall assist an applicant or recipient who is unable to secure satisfactory documentary evidence of citizenship or nationality in a timely manner because of incapacity of mind or body and lack of a representative to act on the applicant's or recipient's behalf.

††††† (6)(a) Except as established in paragraph (b) of this subsection, an individual shall be determined eligible for Medicaid for up to three (3) months prior to the month of application if all conditions of eligibility are met.

††††† (b) The retroactive eligibility period shall begin no earlier than January 1, 2014 for an individual who gains Medicaid eligibility solely by qualifying:

††††† 1. As a former foster care individual pursuant to 907 KAR 20:075[this administrative regulation]; or

††††† 2. As an adult with income up to 133 percent of the federal poverty level established annually by the United States Department of Health and Human Services pursuant to 42 U.S.C. 9902(2), who:

††††† a. Does not have a dependent child under the age of nineteen (19) years; and

††††† b. Is not otherwise eligible for Medicaid benefits.

††††† (7) The documentation of citizenship requirements established in this administrative regulation shall not apply to a noncitizen under nineteen (19) years of age who is lawfully present in the United States of America.

††††† (8) Except as established in subsection (9) of this section, a noncitizen shall be considered to be lawfully present in the United States of America if the individual:

††††† (a) Is a qualified noncitizen;

††††† (b) Is a noncitizen in a valid immigrant status;

††††† (c) Is a noncitizen who has been paroled into the United States of America in accordance with 8 U.S.C. 1182(d)(5) for less than one (1) year, except for an individual:

††††† 1. Paroled for:

††††† a. Prosecution; or

††††† b. Deferred inspection; or

††††† 2. Pending removal proceedings;

††††† (d) Is a noncitizen who:

††††† 1. Has been granted:

††††† a. Temporary resident status in accordance with 8 U.S.C. 1160 or 1225a;

††††† b. Temporary protected status in accordance with 8 U.S.C. 1254a or is an individual with a pending application for temporary protected status who has been granted employment authorization;

††††† c. Employment authorization under 8 C.F.R. 274a.12(c);

††††† d. Deferred action status; or

††††† e. An administrative stay of removal under 8 C.F.R. Part 241;

††††† 2. Is a family unity beneficiary in accordance with Section 301 of Pub. L. 101-649 as amended, and 8 C.F.R. Part 236;

††††† 3. Is under deferred enforced departure in accordance with a decision made by the President of the United States of America; or

††††† 4. Is a beneficiary of an approved visa petition who has a pending application for an adjustment of status;

††††† (e) Is an individual with a pending application for asylum:

††††† 1.a. Under 8 U.S.C. 1158;

††††† b. For withholding of removal under 8 U.S.C. 1231; or

††††† c. Under the Convention of Torture; and

††††† 2. Who:

††††† a. Has been granted employment authorization; or

††††† b. Is under the age of fourteen (14) years and has had an application pending for at least 180 days;

††††† (f) Is an individual who has been granted withholding of removal under the Convention Against Torture;

††††† (g) Is a child who has a pending application for special immigrant juvenile status as described in 8 U.S.C. 1101(a)(27)(J); or

††††† (h)[Is lawfully present in American Samoa under the immigration laws of American Samoa; or

††††† (i)] Is a victim of severe trafficking in persons in accordance with the Victims of Trafficking and Violence Protection Act of 2000 (Public Law 106-386, as amended in 22 U.S.C. 7105(b)).

††††† (9) An individual with deferred action under the Department of Homeland Securityís deferred action for the childhood arrivals process, as described in the Secretary of Homeland Securityís June 15, 2012 memorandum, shall not be considered to be lawfully present with respect to any of the categories listed in subsection (8) of this section.

 

††††† Section 5. Provision of Social Security Numbers. (1)(a) Except as provided in subsections (2) and (3) of this section, an applicant for or recipient of Medicaid shall provide a Social Security number as a condition of eligibility.

††††† (b) If a parent or caretaker relative and the child, unless the child is a deemed eligible newborn, refuses to cooperate with obtaining a Social Security number for the newborn child or other dependent child, the parent or caretaker relative shall be ineligible due to failing to meet technical eligibility requirements.

††††† (2) An individual shall not be denied eligibility or discontinued from eligibility due to a delay in receipt of a Social Security number from the United States Social Security Administration if appropriate application for the number has been made.

††††† (3) An individual who refuses to obtain a Social Security number due to a well-established religious objection shall not be required to provide a Social Security number as a condition of eligibility.

 

††††† Section 6.[Spend-down. (1) An individual shall be eligible on the basis of utilizing income above 133 percent of the federal poverty level to pay for incurred medical expenses resulting in the individualís income being below 133 percent of the federal poverty level after the expenses have been deducted.

††††† (2) The eligibility date of an individual eligible pursuant to subsection (1) of this section shall be the date on which the spend-down liability amount is met.

 

††††† Section 7.] Institutional Status. (1) An individual shall not be eligible for Medicaid if the individual is a:

††††† (a) Resident or inmate of a nonmedical public institution except as established in subsection (2) of this section;

††††† (b) Patient in a state tuberculosis hospital unless he or she has reached age sixty-five (65);

††††† (c) Patient in a mental hospital or psychiatric facility unless the individual is:

††††† 1. Under age twenty-one (21) years of age;

††††† 2. Under age twenty-two (22) if the individual was receiving inpatient services on his or her 21st birthday; or

††††† 3. Sixty-five (65) years of age or over; or

††††† (d) Patient in a nursing facility classified by the Medicaid program as an institution for mental diseases, unless the individual has reached age sixty-five (65).

††††† (2) An inmate shall be eligible for Medicaid during the period of time the inmate is admitted to a hospital if the inmate:

††††† (a) Has been admitted to a hospital;

††††† (b) Has been an inpatient at the hospital for at least twenty-four (24) consecutive hours; and

††††† (c) Meets the Medicaid[who meets the] eligibility criteria established in this administrative regulation[may be eligible for Medicaid after having been admitted to a medical institution and been an inpatient at the institution for at least twenty-four (24) consecutive hours].

 

††††† Section 7.[8.][Incarceration Status. An inmate who meets the eligibility requirements of this administrative regulation shall be eligible for Medicaid after having been:

††††† (1) Admitted to a medical institution; and

††††† (2) An inpatient at the institution for at least twenty-four (24) consecutive hours.

 

††††† Section 8.][9. Application for Other Benefits. (1)(a) As a condition of eligibility for Medicaid, an applicant or recipient shall apply for each annuity, pension, retirement, and disability benefit to which the individual is entitled, unless the individual can demonstrate good cause for not doing so.

††††† (b) Good cause shall be considered to exist if other benefits have previously been denied with no change of circumstances or the individual does not meet all eligibility conditions.

††††† (c) Annuities, pensions, retirement, and disability benefits shall include:

††††† 1. Veterans' compensations and pensions;

††††† 2 Retirement, Survivors, and Disability Insurance;

††††† 3. Railroad retirement benefits;

††††† 4. Unemployment compensation; and

††††† 5. Individual retirement accounts.

††††† (2) An applicant or recipient shall not be required to apply for federal benefits if:

††††† (a) The federal law governing that benefit specifies that the benefit is optional; and

††††† (b) The applicant or recipient believes that applying for the benefit would be to the applicantís or recipientís disadvantage.

††††† (3) An individual who would be eligible for SSI benefits but has not applied for the benefits shall not be eligible for Medicaid.

 

††††† Section 10.] Assignment of Rights to Medical Support. By accepting assistance for or on behalf of a child, a recipient shall be deemed to have assigned to the Cabinet for Health and Family Services any medical support owed for the child not to exceed the amount of Medicaid payments made on behalf of the recipient.

 

††††† Section 8.[9.][11.] Third-party Liability as a Condition of Eligibility. (1)(a) Except as provided in subsection (3) of this section, an individual applying for or receiving Medicaid shall be required as a condition of eligibility to cooperate with the Cabinet for Health and Family Services in identifying, and providing information to assist the cabinet in pursuing, any third party who may be liable to pay for care or services available under the Medicaid Program unless the individual has good cause for refusing to cooperate.

††††† (b) Good cause for failing to cooperate shall exist if cooperation:

††††† 1. Could result in physical or emotional harm of a serious nature to a child or custodial parent;

††††† 2. Is not in a child's best interest because the child was conceived as a result of rape or incest; or

††††† 3. May interfere with adoption considerations or proceedings.

††††† (2) A failure of an individual to cooperate without good cause shall result in ineligibility of the individual.

††††† (3) A pregnant woman with income up to 195 percent of the federal poverty level established annually by the United States Department of Health and Human Services pursuant to 42 U.S.C. 9902(2)[eligible under poverty level standards] shall not be required to cooperate in establishing paternity or securing support for her unborn child.

 

††††† Section 9.[10.][12.] Application Process, Initial and Continuing Eligibility Determination. (1) An individual may apply for Medicaid by:

††††† (a) Using the Web site located at www.kynect.ky.gov;

††††† (b) Applying over the telephone by calling:

††††† 1. 1-855- 459-6328; or

††††† 2. 1-855-326-4654 if deaf or hearing impaired;

††††† (c) Faxing an application to 1-502-573-2007;

††††† (d) Mailing a paper application to Office of Health Benefits Exchange, 12 Mill Creek, Frankfort, Kentucky 40601; or

††††† (e) Going to the applicantís local Department for Community Based Services Office and applying in person.

††††† (2)(a) An application shall be processed (approved, denied, or a request for additional information sent) within forty-five (45) days of application submittal.

††††† (b) Immediately after submittal if there is a variance of ten (10) percent or more regarding income information reported by the applicant versus information available from a trusted source or [trusted] sources, a request for additional information shall be generated for the applicant requesting documentation to prove the applicantís income.

††††† (c) If a trusted source indicates that an applicant is incarcerated, a request for additional information shall be generated requesting verification of the applicantís incarceration dates.

††††† (d) If an applicant fails to provide information in response to a request for additional information within thirty (30) days of the receipt of the request[beginning of the application process], the application shall be denied.

††††† (3)(a) An annual renewal of eligibility shall occur without an individual having to take action to renew eligibility, unless:

††††† 1. The individualís eligibility circumstances change resulting in the individual no longer being eligible for Medicaid; or

††††† 2. A request for additional information is generated due to a change in income or incarceration status.

††††† (b)1. If an individual receives a request for additional information as part of the renewal process, the individual shall provide the information requested within forty-five (45) days of receiving the request.

††††† 2. If an individual fails to provide the information requested within forty-five (45) days of receiving the request, the individualís eligibility shall be terminated on the forty-fifth day from the request for additional information.

††††† (4) An individual shall be required to report to the department any changes in circumstances or information related to Medicaid eligibility.

 

††††† Section 10.[11.][13.] Adverse Action, Notice, and Appeals. The adverse action, notice, and appeals provisions established in 907 KAR 20:060 shall apply to individuals for whom a modified adjusted gross income is the Medicaid eligibility income standard.

 

††††† Section 11.[12.][14.] Miscellaneous Special Circumstances. (1) A woman during pregnancy, and as though pregnant through the end of the month containing the sixtieth day of a period beginning on the last day of pregnancy, or a child under six (6) years of age, as specified in 42 U.S.C. 1396a(l)(1), shall meet the income requirements for this eligibility group in accordance with this administrative regulation.

††††† (2) If an eligible child is receiving covered inpatient services, except for services in a long term care facility or behavioral health services in an inpatient facility on a long-term basis, on a birthday which will make the child ineligible due to age, the child shall remain eligible until the end of the stay for which the covered inpatient services are furnished if the child remains otherwise eligible except for age.

††††† (3) A child born to a woman eligible for and receiving Medicaid shall be eligible for Medicaid as of the date of the childís birth if the child has not reached his or her first birthday.

††††† (4)(a) A parent, including a natural or adoptive parent, may be included for assistance in the case of a family with a child.

††††† (b) If a parent is not included in the case, a[one (1) other] caretaker relative or [caretaker] relatives may be included to the same extent the caretaker relative would have been eligible in the Aid to Families with Dependent Children program using the AFDC methodology in effect on July 16, 1996.

††††† (5) [For an individual eligible on the basis of desertion, a period of desertion shall have existed for thirty (30) days, and the effective date of eligibility shall not precede the first day of the month of application.

††††† (6)] For an individual eligible on the basis of utilizing his or her excess income for incurred medical expenses, the effective date of eligibility shall be the day the spend-down liability is met.

††††† (6)[(7) A caretaker relative (not including a child):

††††† (a) Removed from a family related Medicaid only case due to failure to meet a technical eligibility requirement shall not be eligible for Medicaid as a medically needy individual unless the individual is separately eligible for medical assistance without regard to eligibility as a member of the group from which the individual has been removed; or

††††† (b) Who is ineligible for K-TAP benefits for failure to comply with K-TAP work requirements shall not be eligible for medical assistance unless the individual is eligible as a pregnant woman.

††††† (8)(a) Children with a common parent residing in the same household as the common parent shall be included in the same Medicaid case as the common parent unless doing so results in ineligibility of an otherwise eligible household member.

††††† (b)] If a family member is pregnant, the unborn child shall be considered as a family member for income determination purposes.

 

LAWRENCE KISSNER, Commissioner

AUDREY TAYSE HAYNES, Secretary

††††† APPROVED BY AGENCY: January 13, 2014

††††† FILED WITH LRC: January 14, 2014 at 1 p.m.

††††† CONTACT PERSON: Tricia Orme, Office of Legal Services, 275 East Main Street 5 W-B, Frankfort, Kentucky 40601, phone (502) 564-7905, fax (502) 564-7573, email tricia.orme@ky.gov.