SR 24-17 Dated 07/24

STATE OF NEW HAMPSHIRE

DEPARTMENT OF HEALTH & HUMAN SERVICES - Bureau of family assistance (bfa)

INTER-DEPARTMENT COMMUNICATION

SUMMARY

This Supervisory Release (SR) releases the annual July updates to the following spousal impoverishment figures used to determine the amount of income institutionalized individuals may give to their community spouses:

·         the maximum income standard (MIS); and

·         the excess shelter deduction (ESD).

BFA Form 799, Spousal Income Protection, and BFA Form 799A, Income Computation Worksheet for Allocation of Income for Institutionalized Individuals, and the associated New HEIGHTS-generated Form AE0017, have been updated accordingly.

POLICY

In accordance with the spousal impoverishment provisions of Section 1924(d)(2)-(4) of the Social Security Act [42 USC 1396r-5(d)(2)-(4)], the maximum income standard (MIS) and excess shelter deduction (ESD) figures used to determine the amount of income an institutionalized individual may give to a community spouse must be updated annually to reflect the federal poverty income guidelines. The MIS reflects the poverty income guidelines for a family of two published in the Federal Register (Volume 88, Number 12) dated January 17, 2024 (89 FR 2961), multiplied by 150%, divided by 12 months, and rounded up to the next higher dollar. The ESD represents 30% of the new unrounded MIS, which is then rounded up to the next higher dollar:

·         the MIS has increased from $2465 to $2555 per month; and

·         the ESD has increased from $740 to $767 per month.

NEW HEIGHTS & NH EASY SYSTEMS PROCEDURES

Effective July 1, 2024, New HEIGHTS will modify the allocation of income functions for community spouses of institutionalized individuals and dependents who live with community spouses of institutionalized individuals so that the maximum income standard and excess shelter deduction reflect the 2024 amounts. The associated New HEIGHTS-generated Form AE0017 will also be updated accordingly.

DESCRIPTION OF REVISIONS MADE TO FORMS

The following changes have been made to BFA Forms:

·         BFA Form 799, Spousal Income Protection

-   revised to include the maximum income standard (MIS) and the excess shelter deduction (ESD) increases as released in this SR.

·         BFA Form 799A, Income Computation Worksheet for Allocation of Income for Institutionalized Individuals, and the associated New HEIGHTS-generated Form AE0017

-   revised to include the maximum income standard (MIS) and the excess shelter deduction (ESD) increases as released in this SR.  

With new spousal applications July 1, 2024 or later, use the updated forms which replace BFA Forms 799 and 799A released by SR 24-01/January 2024. However, prior to detaching the new versions, rename and retain the January 2024 electronic versions of BFA Forms 799 and 799A, in case rollbacks are required.

BFA Forms 799, Spousal Income Protection, and 799A, Income Computation Worksheet for Allocation of Income for Institutionalized Individuals, and the associated instructions will be available internally, for Department staff only, on the N:\ drive upon release of this SR.

POLICY MANUAL REVISIONS

Revised Medical Assistance Manual Topics

Section 627.03            Allocation to a Community Spouse

Section 627.05            Allocation to Dependents Who Reside with the Community Spouse

IMPLEMENTATION

This policy is effective July 1, 2024. New HEIGHTS will update all reference tables and use the new amounts for any cases computed or recomputed on or after that date. When determining how much income can be allocated to the community spouse for months before July 2024, the appropriate figures, and versions of Forms 799 and 799A, must be used.

CLIENT NOTIFICATION

In early July, BFA State Office will generate a mailing to all institutionalized individuals with community spouses, and their community spouses, to inform these individuals of the spousal-related increases. A copy of the July 2024 Spousal Letter is attached to this SR for reference. No other client notification is planned.

TRAINING

No special training is planned or needed.

FORMS MANUAL POSTING INSTRUCTIONS

DISPOSITION

This SR may be destroyed or deleted after its contents have been noted and the revised manual topics released by this SR have been posted to the Online Manuals.

DISTRIBUTION

This SR will be distributed according to the electronic distribution list for BFA policy releases. This SR, and revised Online Manuals, will be available for agency staff in the Online Manual Library, and for public access on the Internet at https://www.dhhs.nh.gov/sr_htm/sr.htm, effective July 1, 2024.

BFA/DMS:es