55 Pa. Code § 178.62a. Clarification of disqualification for payment of long-term care services due to substantial home equity

55 Pa. Code § 178.62a. Clarification of disqualification for payment of long-term care services due to substantial home equity—statement of policy.

§ 178.62a. Clarification of disqualification for payment of long-term care services due to substantial home equity—statement of policy.

(a)  Consistent with section 1917(f) of the Social Security Act (42 U.S.C.A. §  1396p(f)), regarding liens, adjustments and recoveries, and transfers of assets, effective for an application made on or after March 3, 2007, an individual with equity value in the home in excess of $500,000 is ineligible for payment of long-term care services unless one of the following circumstances exist:
   (1)  The home is the residence of the community spouse.
   (2)  The home is the residence of a child who is under 21 years of age or a child who is blind or permanently and totally disabled as defined in section 1611(a)(3) of the Social Security Act (42 U.S.C.A. §  1382c(a)(3)), regarding definitions.
(b)  Consistent with section 1917(f) of the Social Security Act, an individual determined ineligible for payment of long-term care services due to excess home equity will continue to be reviewed for eligibility for Medicaid.
(c)  Consistent with section 1917(f)(4) of the Social Security Act, an individual determined ineligible for payment of long-term care services due to excess home equity and who is unable to access the excess home equity may have the ineligibility period waived in the case of a demonstrated hardship.
(d)  Consistent with section 1917(f)(1)(C) of the Social Security Act, the dollar amount specified in subsection (a) shall be increased, beginning January 1, 2011, from year to year based on the percentage increase in the Consumer Price Index for all urban consumers (all items; United States city average), rounded to the nearest $1,000. Revisions to this amount, as required by Federal law and regulations, will be published as a notice in the Pennsylvania Bulletin and will be made available upon request.

Source

   The provisions of this §  178.62a adopted March 2, 2007, effective March 3, 2007, 37 Pa.B. 1043; amended September 24, 2011, effective retroactive to January 1, 2011, 41 Pa.B. 5064. Immediately preceding text appears at serial pages (325969) to (325970).

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