37.82.902    NON-FINANCIAL REQUIREMENTS, NON-INSTITUTIONALIZED SSI-RELATED INDIVIDUALS AND COUPLES

(1) Aged, blind or disabled individuals or couples receiving SSI, mandatory state supplements, or only a state supplementary payment under the optional state supplementary program are presumed to have met the non-financial requirements for medicaid eligibility.

(2) For individuals and couples under the heading aged, blind or disabled individuals or couples who are not receiving SSI, the SSI non-financial requirements which are set forth in 20 CFR Part 416, Subparts H and I, will be used to determine whether an individual is aged, blind or disabled. 20 CFR Part 416, Subpart H, contains the SSI criteria for determining age, and 20 CFR Part 416, Subpart I, contains the SSI criteria for determining blindness and disability. The department hereby adopts and incorporates by reference 20 CFR Part 416, Subparts H and I. A copy of these federal regulations may be obtained from the Department of Public Health and Human Services, Human and Community Services Division, Public Assistance Bureau, Cogswell Building, 1400 Broadway, P.O. Box 202952, Helena, MT 59620-2952.

(3) For individuals and couples under the heading aged, blind or disabled individuals or couples who are not receiving a state supplementary payment under the optional state supplementary program, the optional state supplementary program non-financial requirements set forth in ARM 37.43.101 through 37.43.104 will be used to determine whether an individual is aged, blind or disabled and is certified as requiring the services covered by the state supplementary payment.

(4) For individuals under the heading individuals who were eligible for medicaid in December 1973, the December 1973 OAA, AB, APTD, or AABD non-financial requirement will be used to determine whether an individual continues to be a medicaid eligible essential spouse, as provided in ARM 37.82.901(4) (a) , or may be considered blind or disabled in spite of SSI criteria, as provided in ARM 37.82.902(4) (b) . A copy of the December 1973 OAA, AB, APTD, and AABD non-financial requirements may be obtained from the Department of Public Health and Human Services, Human and Community Services Division, Public Assistance Bureau, Cogswell Building, 1400 Broadway, P.O. Box 202952, Helena, MT 59620-2952.

History: Sec. 53-6-113, MCA; IMP, Sec. 53-6-131, MCA; NEW, 1982 MAR p. 729, Eff. 4/16/82; TRANS, from SRS, 2000 MAR p. 476.