Current through Register Vol. 54, No. 44, November 2, 2024
(a)
Eligibility. An applicant or recipient who meets the
eligibility conditions specified in §
140.603 (relating to conditions of
MA eligibility) shall be eligible for MA upon receipt of payment of a premium,
if any, established by the Department under subsection (b).
(b)
Calculation of premium.
(1) The custodial parent shall report and
verify earned and unearned income and allowable medical and dental
expenses.
(2) If the custodial
parent's total gross adjusted earned and unearned income is greater than 200%
of the Federal Poverty Income Guidelines, the custodial parent's income is
considered in calculation of the premium.
(3) The medical and dental expenses reported
on the custodial parent's Federal Income Tax Return of the previous calendar
year are allowable deductions from the income of the custodial parent as
specified in paragraph (2).
(i) The
verification of income is limited to the custodial parent's Federal Income Tax
Return listing the reported adjusted gross income of the previous calendar
year.
(ii) If the Federal Income
Tax Return of the previous calendar year is not available or there is a
decrease in income from the previous calendar year, any of the following items
may be used to verify current income:
(A) Pay
stubs.
(B) Pay envelopes.
(C) Statement by employer.
(D) Other documentary proof of the income of
the custodial parent.
(iii) The verification of allowable medical
and dental expenses is limited to those medical and dental expenses that were
not reimbursed and that the custodial parent deducted on the Federal Income Tax
Return of the previous calendar year.
(4) The amount of the premium is based on
income that is considered as specified in paragraph (2) less allowable medical
and dental expenses specified in paragraph (3) and the family size.
(5) The premium is determined under Appendix
B (relating to Medicaid for Children with Special Needs Monthly Premium
Chart).
(6) Revisions to the
premium amounts will be published as a notice in the Pennsylvania
Bulletin for codification in Appendix B.
(7) The premium is established for a 12-month
period.
(8) There is one premium
per family.
(9) The premium can be
lowered during the 12-month period if the custodial parent reports and verifies
a decrease in income or an increase in family size.
(c)
Notice. The Department
will provide a written notice of a requirement for a premium or a change in a
premium. The Department will provide an advance written notice at least 10 days
before the date of a premium increase or requirement of a premium.
(d)
Premium payment or hardship
waiver.
(1) The premium payment is
due on or before the last day of the calendar month. The premium is considered
overdue when payment of the premium is not received by the last day of the
calendar month.
(2) An advance
written notice to discontinue MA for the recipient will be issued if the
overdue premium payment is not received within 45 days of the day the payment
was due.
(3) The premium payment
may be waived if the requirement to pay a premium will result in an undue
hardship for the custodial parent.