DHS 103.04(4)(4) Special financial standards for institutionalized persons. The categorically needy and medically needy asset standards shall be the same for institutionalized persons as for non-institutionalized persons, except that in determining initial eligibility under s. DHS 103.075 for an institutionalized individual with a community spouse the asset standard shall be the regular SSI-related MA group size one asset standard as provided under s. 49.47 (4) (b) 3g., Stats., plus the community spouse resource allowance as provided under s. 49.455 (6) (b), Stats. The eligibility standards against which an institutionalized person’s income is tested shall be the following: DHS 103.04(4)(a)(a) Categorically needy standard. The categorically needy standard for an institutionalized person shall be an amount equal to 3 times the federal share of the SSI payment for one person living in that person’s own home. DHS 103.04(4)(b)(b) Medically needy standard. An institutionalized person shall be determined medically needy in accordance with requirements under 42 CFR 435.1007. DHS 103.04(5)(5) Irregular cases; mixture of BadgerCare Plus and SSI-relatedness. When there is a mixture in an MA group of BadgerCare Plus-relatedness and SSI-relatedness, each individual will be tested using the appropriate modified adjusted gross income rules under sub. (7) or SSI-related standards. DHS 103.04(6)(b)(b) For all children under age 19, pregnant women and individuals requesting only family planning services under s. 49.45 (24s), Stats., in BadgerCare Plus fiscal test groups, the income limit is 306% of the poverty line. DHS 103.04(7)(a)(a) MAGI budgeting rules. MAGI rules shall be used to determine eligibility for BadgerCare Plus. For eligibility determinations, all of the following apply: DHS 103.04(7)(a)2.a.a. Identifying the members of each individual’s BadgerCare Plus fiscal test group per sub. (7) (b), and determining the group size. DHS 103.04(7)(a)2.c.c. Comparing the total income of each individual’s BadgerCare Plus fiscal test group to the federal poverty line for that group’s size. DHS 103.04(7)(b)(b) BadgerCare Plus fiscal test group. Persons are included in an individual’s BadgerCare Plus fiscal test group based on whether the individual meets any of the following conditions: DHS 103.04(7)(b)1.1. ‘Tax rules.’ If the individual expects to file a federal tax return and will not be claimed as a tax dependent of another person, the person’s BadgerCare Plus fiscal test group shall consist of the tax filer, the tax filer’s spouse, and any dependents the tax filer is claiming. All of the following rules apply to the BadgerCare Plus fiscal test group: DHS 103.04(7)(b)1.a.a. If there is a pregnant woman in the group, the BadgerCare Plus fiscal test group shall include the number of expected babies. DHS 103.04(7)(b)1.b.b. Whether the individual is a tax filer, a dependent of a tax filer, and who is a tax dependent of the individual is based on the individual’s plans for the same calendar year’s taxes in which eligibility is being determined. DHS 103.04(7)(b)1.c.c. A tax filer may claim persons living outside their home as their tax dependents. DHS 103.04(7)(b)1.d.d. A tax filer may claim a deceased child as a tax dependent in the tax year the child died. DHS 103.04(7)(b)1.e.e. A tax filer may file jointly with a deceased spouse in the tax year the spouse died. DHS 103.04(7)(b)1.f.f. A BadgerCare Plus fiscal test group shall include deployed military members who are spouses or tax dependents of the tax filer. DHS 103.04(7)(b)1.g.g. A BadgerCare Plus fiscal test group shall include the individual’s spouse if living with the individual, even if they are filing taxes separately. DHS 103.04(7)(b)1.h.h. A BadgerCare Plus fiscal test group shall include the individual’s spouse when they are living apart if they are filing taxes jointly. DHS 103.04(7)(b)1.i.i. A BadgerCare Plus fiscal test group shall not include the individual’s spouse, if they are living apart and are filing taxes separately or not planning to file taxes. DHS 103.04(7)(b)1.j.j. A tax dependent’s BadgerCare Plus fiscal test group shall include the same individuals as the tax filer’s, even if the tax dependent is also a tax filer, except that a BadgerCare Plus fiscal test group will be based on par. (b) 2. if the person is under age 19, lives with one parent and is being claimed as a tax dependent by a parent outside of the home; the person is being claimed as a tax dependent by someone who is not their parent or spouse; or the person is under age 19, lives with both parents and the parents are not filing taxes jointly. DHS 103.04(7)(b)2.2. ‘Relationship rules.’ If a person meets an exception in par. (b) 1. j. of this section or they are not tax filers or tax dependents, the person’s BadgerCare Plus fiscal test group shall include of any of the following people living in the same home: DHS 103.04(7)(b)2.a.a. If the person is under 19, the person’s parents, spouse, siblings under age 19, and children. DHS 103.04(7)(b)3.3. ‘Former foster care youth.’ A former foster care youth’s BadgerCare Plus fiscal test group shall only include the person, except that if the person’s spouse is also a former foster care youth, the BadgerCare Plus fiscal test group shall include the spouse. DHS 103.04(7)(b)4.4. ‘Family planning services.’ For family planning services, the BadgerCare Plus fiscal test group shall only include the one person. DHS 103.04(7)(c)1.1. The MAGI-based countable income defined in par. (d) of all persons in the BadgerCare Plus fiscal test group shall be included when determining eligibility except that the income of a child under age 19 or a tax dependent of a group member is only counted if the child or tax dependent is expected to be required to file a tax return for the current year. DHS 103.04(7)(c)2.2. If a person’s income is budgeted for the BadgerCare Plus fiscal test group, his or her deductions will be counted for that group. DHS 103.04(7)(c)3.3. If a person is filing a joint tax return with his or her spouse, the person’s deductions may offset the spouse’s income even if the person has no income. DHS 103.04(7)(d)(d) MAGI-based countable income. MAGI-based countable income means income calculated using the same financial methodologies used to determine MAGI, subject to any of the following exceptions: DHS 103.04(7)(d)1.1. MAGI-based countable income will include any Social Security benefits, tax-exempt Interest, and foreign earned income. DHS 103.04(7)(d)3.3. Educational scholarships, awards, or fellowships used for educational purposes are not counted, even if taxable. DHS 103.04(8)(8) Medicaid purchase plan financial eligibility criteria. DHS 103.04(8)(a)(a) A person who meets the requirements of s. DHS 103.03 (1) (g) and (2) to (9) and the income and asset limits described in this subsection is eligible for the medicaid purchase plan. DHS 103.04(8)(b)(b) The person’s total net family income is less than 250% of the federal poverty line as determined by the person’s family size. Net income is calculated using the standard SSI disregards and exemptions. The income disregards are the following: DHS 103.04(8)(b)1.1. Sixty-five dollars and one-half of the family’s remaining earned income. If the family does not have any unearned income, $85 and one-half of the family’s remaining earned income. DHS 103.04(8)(b)4.4. Medical and remedial expenditures and long-term care costs in excess of $500 per month incurred by the individual or, if the individual and spouse are living together, the spouse. DHS 103.04(8)(d)(d) If the person leaves the medicaid purchase plan and subsequently re-enrolls in the program, the person’s independence account and any interest, gains, or dividends from that account are disregarded for purposes of subsequent eligibility determinations. DHS 103.04(9)(9) Special medicaid purchase plan budgeting procedures. DHS 103.04(9)(a)(a) Medicaid purchase plan group. Any of the following persons who reside in the home with the applicant or recipient shall be included in determining the family size of the person applying for the medicaid purchase plan, with this family size used in calculating the person’s financial eligibility under this section: DHS 103.04(9)(b)(b) Medicaid purchase plan fiscal test group. The income of any person listed in par. (a) 1. or 2. shall be included when determining financial eligibility of the applicant. DHS 103.04(9)(c)1.1. Medical assistance under the medicaid purchase plan applies to the applicant or recipient only. DHS 103.04(9)(c)2.2. The monthly premium for the medicaid purchase plan is calculated using only the income of the applicant or recipient. DHS 103.04 HistoryHistory: Cr. Register, February, 1986, No. 362, eff. 3-1-86; am. (4) (intro.), Register, March, 1993, No. 447, eff. 4-1-93; correction in (1) (a) made under s. 13.93 (2m) (b) 7., Stats., Register, April, 1999, No. 520; emerg. am. (3) (a), eff. 7-1-99; am. (3) (a) and cr. (6) and (7), Register, March, 2000, No. 531, eff. 4-1-00; cr. (8) and (9), Register, November, 2000, No. 539, eff. 12-1-00; corrections in (1) (b), (2), (3) (b) and (5) (e) made under s. 13.92 (4) (b) 7., Stats., Register December 2008 No. 636; correction in (3) (b) made under s. 13.92 (4) (b) 7., Stats., Register July 2015 No. 715; correction in (1) (b) made under s. 13.92 (4) (b) 7., Stats., Register January 2021 No. 781; CR 20-039: am. (7) (d) Register October 2021 No. 790, eff. 11-1-21; CR 23-046: am. (1) (b), (2), (3) (a), (b), cr. (3) (bg), (br), renum. (5) (a) to (5) and am., r. (5) (b) to (e), am. (6) (title), (a), (b), r. and recr. (7), cr. (8) (b) 4. Register April 2024 No. 820, eff. 5-1-24; correction in (5) (title) made under s. 13.92 (4) (b) 2., Stats., and correction in (7) (b) (intro.), 1. j., 2., (c) 1., made under s. 35.17, Stats., Register April 2024 No. 820. DHS 103.05DHS 103.05 Determining assets and income in child-only cases. DHS 103.05(1)(1) Meaning of child-only case. A child-only case exists when any of the following occur: DHS 103.05(1)(a)(a) A family has been determined financially ineligible for BadgerCare Plus-related MA only and there is a child in the family who is SSI-related but not receiving SSI payments. DHS 103.05(2)(2) Establishing child-only MA groups. In child-only cases, the child or children of each legal parent shall form their own MA group and shall be tested for financial eligibility with the children’s own income and assets, if any, plus the income and assets deemed to the children of this group according to subs. (3) and (4). DHS 103.05(3)(a)(a) All of the legal parent’s nonexempt assets shall be deemed to the child in 3-generation and stepparent cases. DHS 103.05(3)(b)(b) In cases of an SSI-related child where 2 parents are in the home, parental assets in excess of the SSI asset limit for 2 persons shall be deemed to the blind or disabled child. Where there is one parent, parental assets in excess of the SSI asset limit for one person shall be deemed to the blind or disabled child in accordance with 42 CFR 435.845. DHS 103.05(4)(a)(a) To the third-generation child. All of the net income of the second-generation minor parent shall be deemed to the third-generation child. DHS 103.05(4)(b)(b) To the stepchild. The income deemed to the stepchild shall be the remainder of the total of the net income of the legal parent minus the categorically needy income standard based on the number of ineligible family members. DHS 103.05(4)(c)(c) To the SSI-related child. The amount of parental monthly income deemed to the SSI-related child shall be determined according to the procedure set out in this paragraph. The department shall adjust the monthly amounts in accordance with changes in the SSI program. Beginning with unearned income, parental monthly gross income shall be deemed to each ineligible child to bring the child’s income up to an amount equal to one-half the maximum federal share of the SSI benefit paid to a single individual living in his or her own household. The remaining parental income shall be deemed to the SSI-related child as follows: DHS 103.05(4)(c)1.1. When the only type of parental income remaining is unearned, $20 shall be subtracted. Then, where there are 2 parents, an amount equal to the maximum federal share of the SSI benefit paid to a couple living in their own household shall be subtracted, and where there is one parent, an amount equal to the maximum federal share of the SSI benefit paid to an individual living in his or her own household shall be subtracted. The remaining income shall be considered available to the SSI-related child as unearned income. DHS 103.05(4)(c)2.2. When the only type of parental income remaining is earned, $85 shall be subtracted. Then, where there are 2 parents, an amount equal to 3 times the maximum federal share of the SSI benefit paid to an individual living in his or her own household shall be subtracted, and where there is one parent, an amount equal to 2 times the maximum federal share of the SSI benefit paid to an individual living in his or her own household shall be subtracted. The remaining income shall be considered available to the SSI-related child as unearned income. DHS 103.05(4)(c)3.3. When parental income remaining is a mix of unearned and earned, $20 shall be subtracted using unearned income first. From any remaining earned income, $65 shall be subtracted and then one-half of the remainder. When there are 2 parents, an additional amount equal to the maximum federal share of the SSI benefit paid to a couple living in their own household shall be subtracted, and when there is one parent, an additional amount equal to the maximum federal share of the SSI benefit paid to an individual living in his or her own household shall be subtracted. The remaining income shall be considered available to the SSI-related child as unearned income. DHS 103.05(5)(5) Income limits for child-only MA groups. The eligibility of an SSI-related child shall be determined by testing against the SSI-related income standard for one person. DHS 103.05 HistoryHistory: Cr. Register, February, 1986, No. 362, eff. 3-1-86; CR 23-046: am. (1) (intro.), (a), r. and recr. (1) (b), r. (1) (c) to (e), r. (5) (a), renum. (5) (b) to (5) Register April 2024 No. 820, eff. 5-1-24. DHS 103.06(1)(1) Special situations of institutionalized persons. DHS 103.06(1)(a)(a) In determining the eligibility of an institutionalized person, only the assets actually available to that person shall be considered. DHS 103.06(1)(b)(b) The homestead property of an institutionalized person is not counted as an asset if: DHS 103.06(1)(b)1.1. The institutionalized person’s home is currently occupied by the institutionalized person’s spouse or a dependent relative. In this subdivision,“dependent relative” means a son, daughter, grandson, granddaughter, stepson, stepdaughter, in-law, mother, father, stepmother, stepfather, grandmother, grandfather, aunt, uncle, sister, brother, stepbrother, stepsister, halfsister, halfbrother, niece, nephew or cousin who is financially, medically or otherwise dependent on the institutionalized person; DHS 103.06(1)(b)2.2. The institutionalized person intends to return to the home and the anticipated absence from the home, as verified by a physician, is less than 12 months; or DHS 103.06(1)(b)3.3. The anticipated absence of the institutionalized person from the home is for more than 12 months but there is a realistic expectation, as verified by a physician, that the person will return to the home. That expectation shall include a determination of the availability of home health care services which would enable the recipient to live at home. DHS 103.06(1)(c)(c) If none of the conditions under par. (b) is met, the property is no longer the principal residence and becomes non-homestead property. DHS 103.06(1)(d)(d) When income that has been protected for institutionalized recipients accumulates to the point that the asset limit is exceeded, MA eligibility shall terminate. Eligibility may not be reinstated until the assets are below the limit at which time a new application shall be required. DHS 103.06(1)(e)(e) To maintain continuous MA eligibility the recipient may apply assets as a refund of MA benefits to the department. In no instance may refunds exceed benefits received.
/code/admin_code/dhs/101/103
true
administrativecode
/code/admin_code/dhs/101/103/04/7/b/2/c
Department of Health Services (DHS)
Chs. DHS 101-109; Medical Assistance
administrativecode/DHS 103.04(7)(b)2.c.
administrativecode/DHS 103.04(7)(b)2.c.
section
true
