49.455(4)(d)2.
2. The standard utility allowance established under
7 USC 2014 (e), except that if the community spouse lives in a condominium or cooperative for which the maintenance charge includes utility expenses, the standard utility allowance under
7 USC 2014 (e) is reduced by the amount of the utility expenses included in the maintenance charge.
49.455(5)
(5) Rules for treatment of resources. 49.455(5)(a)1.1. The department shall determine the total value of the ownership interest of the institutionalized spouse plus the ownership interest of the community spouse in resources as of the beginning of the first continuous period of institutionalization beginning after September 29, 1989. The spousal share of resources equals one-half of that total value.
49.455(5)(a)2.
2. At the beginning of the first continuous period of institutionalization beginning after September 29, 1989, upon the request of an institutionalized spouse or a community spouse and the receipt of necessary documentation, the department shall assess and document the total value of resources under
subd. 1. and shall provide a copy of the assessment and documentation to each spouse and retain a copy for departmental use. If the request is not part of an application for medical assistance, the department may charge a fee not exceeding the reasonable expenses of providing and documenting the assessment. When the department provides a copy of an assessment, it shall provide notice that a spouse has the right to a fair hearing under
sub. (8) after an application for medical assistance is filed.
49.455(5)(b)
(b) Notwithstanding
ch. 766, in determining the resources of an institutionalized spouse at the time of application for medical assistance, the amount of resources considered to be available to the institutionalized spouse equals the value of all of the resources held by either or both spouses minus the greatest of the amounts determined under
sub. (6) (b) 1. to
4.
49.455(5)(c)
(c) The amount of resources determined under
par. (b) to be available for the cost of care does not cause an institutionalized spouse to be ineligible for medical assistance, if any of the following applies:
49.455(5)(c)1.
1. The institutionalized spouse has assigned to the state any rights to support from the community spouse.
49.455(5)(c)2.
2. The institutionalized spouse lacks the ability to execute an assignment under
subd. 1. due to a physical or mental impairment but the state has the right to bring a support proceeding against the community spouse without an assignment.
49.455(5)(c)3.
3. The department determines that denial of eligibility would work an undue hardship.
49.455(5)(d)
(d) During a continuous period of institutionalization, after an institutionalized spouse is determined to be eligible for medical assistance, no resources of the community spouse are considered to be available to the institutionalized spouse.
49.455(6)
(6) Permitting transfer of resources to community spouse. 49.455(6)(a)(a) Notwithstanding
s. 49.453 (2), an institutionalized spouse may transfer an amount of resources equal to the community spouse resource allowance determined under
par. (b) to, or for the sole benefit of, the community spouse without becoming ineligible for medical assistance for the period of ineligibility under
s. 49.453 (3) as a result of the transfer. The institutionalized spouse shall make the transfer as soon as practicable after the initial determination of eligibility for medical assistance, taking into account the amount of time that is necessary to obtain a court order under
par. (c).
49.455(6)(b)
(b) The community spouse resource allowance equals the amount by which the amount of resources otherwise available to the community spouse is exceeded by the greatest of the following:
49.455(6)(b)1.
1. In any year, $12,000 increased by the same percentage as the percentage increase in the consumer price index between September 1988 and September of the year before the calendar year involved.
49.455(6)(b)2.b.
b. In any year, $60,000 increased by the same percentage as the percentage increase in the consumer price index between September 1988 and September of the year before the year involved.
49.455(6)(c)
(c) If a court has entered a support order against a community spouse,
s. 49.453 does not apply to resources transferred under the order for the support of the community spouse or a family member.
49.455(7)
(7) Notice. The department shall notify both spouses upon a determination of medical assistance eligibility of an institutionalized spouse, or shall notify the spouse making the request upon a request by either an institutionalized spouse or a community spouse, of all of the following:
49.455(7)(a)
(a) The amount of the community spouse monthly income allowance calculated under
sub. (4) (b).
49.455(7)(c)
(c) The method for computing the amount of the community spouse resource allowance under
sub. (6) (b).
49.455(7)(d)
(d) The spouse's right to a fair hearing under
sub. (8) concerning ownership or availability of income or resources and the determination of the community spouse monthly income or resource allowance.
49.455(8)(a)(a) An institutionalized spouse or a community spouse is entitled to a departmental fair hearing concerning any of the following:
49.455(8)(a)2.
2. The determination of the amount of monthly income otherwise available to the community spouse used in the calculation under
sub. (4) (b).
49.455(8)(a)3.
3. After an application for medical assistance benefits is filed, the computation of the spousal share of resources under
sub. (5) (a) 1.
49.455(8)(b)
(b) If the institutionalized spouse has made an application for medical assistance, and a fair hearing is requested under
par. (a) concerning the determination of community spouse resource allowance, the department shall hold the hearing within 30 days after the request.
49.455(8)(c)
(c) If either spouse establishes at a fair hearing that, due to exceptional circumstances resulting in financial duress, the community spouse needs income above the level provided by the minimum monthly maintenance needs allowance determined under
sub. (4) (c), the department shall determine an amount adequate to provide for the community spouse's needs and use that amount in place of the minimum monthly maintenance needs allowance in determining the community spouse monthly income allowance under
sub. (4) (b).
49.455(8)(d)
(d) If either spouse establishes at a fair hearing that the community spouse resource allowance determined under
sub. (6) (b) without a fair hearing does not generate enough income to raise the community spouse's income to the minimum monthly maintenance needs allowance under
sub. (4) (c), the department shall establish an amount to be used under
sub. (6) (b) 3. that results in a community spouse resource allowance that generates enough income to raise the community spouse's income to the minimum monthly maintenance needs allowance under
sub. (4) (c). Except in exceptional cases which would result in financial duress for the community spouse, the department may not establish an amount to be used under
sub. (6) (b) 3. unless the institutionalized spouse makes available to the community spouse the maximum monthly income allowance permitted under
sub. (4) (b) or, if the institutionalized spouse does not have sufficient income to make available to the community spouse the maximum monthly income allowance permitted under
sub. (4) (b), unless the institutionalized spouse makes all of his or her income, except for an amount equal to the sum of the personal needs allowance under
sub. (4) (a) 1. and any family allowances under
sub. (4) (a) 3. paid by the institutionalized spouse and the amount incurred as expenses for medical or remedial care for the institutionalized spouse under
sub. (4) (a) 4., available to the community spouse as a community spouse monthly income allowance under
sub. (4) (b).
49.455 Annotation
An ineligible spouse's IRA is excluded in determining whether the applying spouse is eligible for medical assistance. Keip v. DHFS, 2000 WI App 28,
232 Wis. 2d 380,
606 N.W.2d 543.
49.455 Annotation
Medical Assistance & Divestment. Canellos. Wis. Law. Aug. 1991.
49.46
49.46
Medical assistance; recipients of social security aids. 49.46(1)(a)(a) The following shall receive medical assistance under this section:
49.46(1)(a)1.
1. Any person included in the grant of aid to families with dependent children and any person who does not receive such aid solely because of the application of
s. 49.19 (11) (a) 7.
49.46(1)(a)1m.
1m. Any pregnant woman who meets the resource and income limits under
s. 49.19 (4) (bm) and
(es) and whose pregnancy is medically verified. Eligibility continues to the last day of the month in which the 60th day after the last day of the pregnancy falls.
49.46(1)(a)5.
5. Any child in an adoption assistance, foster care, kinship care, long-term kinship care or treatment foster care placement under
ch. 48 or
938, as determined by the department.
49.46(1)(a)6.
6. Any person not described in
pars. (c) to
(e) who is considered, under federal law, to be receiving aid to families with dependent children for the purpose of determining eligibility for medical assistance.
49.46(1)(a)6m.
6m. Any person not described in
pars. (c) to
(e) who is considered, under federal law, to be receiving supplemental security income for the purpose of determining eligibility for medical assistance.
49.46(1)(a)9.
9. Any pregnant woman not described under
subd. 1. or
1m. whose family income does not exceed 133% of the poverty line for a family the size of the woman's family.
49.46(1)(a)10.
10. Any child not described under
subd. 1. who is under 6 years of age and whose family income does not exceed 133% of the poverty line for a family the size of the child's family.
49.46(1)(a)11.
11. If a waiver under
s. 49.665 is granted and in effect, any child not described under
subd. 1. who has attained the age of 6 but has not attained the age of 19 and whose family income does not exceed 100% of the poverty line for a family the size of the child's family. If a waiver under
s. 49.665 is not granted or in effect, any child not described in
subd. 1. who was born after September 30,1983, who has attained the age of 6 but has not attained the age of 19 and whose family income does not exceed 100% of the poverty line for a family the size of the child's family.
49.46(1)(a)12.
12. Any child not described under
subd. 1. who is under 19 years of age and who meets the resource and income limits under
s. 49.19 (4).
49.46(1)(a)13.
13. Any child who is under one year of age, whose mother was determined to be eligible under
subd. 9. and who lives with his or her mother.
49.46(1)(a)14.
14. Any person who would meet the financial and other eligibility requirements for home or community-based services under
s. 46.27 (11) or
46.277 but for the fact that the person engages in substantial gainful activity under
42 USC 1382c (a) (3), if a waiver under
s. 49.45 (38) is in effect or federal law permits federal financial participation for medical assistance coverage of the person and if funding is available for the person under
s. 46.27 (11) or
46.277.
49.46(1)(a)14m.
14m. Any person who would meet the financial and other eligibility requirements for home or community-based services under the family care benefit but for the fact that the person engages in substantial gainful activity under
42 USC 1382c (a) (3), if a waiver under
s. 46.281 (1) (c) is in effect or federal law permits federal financial participation for medical assistance coverage of the person and if funding is available for the person under the family care benefit.
49.46(1)(a)15.
15. Any individual who is infected with tuberculosis and meets the income and resource eligibility requirements for the federal supplemental security program under
42 USC 1381 to
1383d.
49.46(1)(a)16.
16. Any child who is living with a relative who is eligible to receive payments under
s. 48.57 (3m) or
(3n) with respect to that child, if the department determines that no other insurance is available to the child.
49.46(1)(am)1.1. If the change requested under
subd. 2. in the approved state plan for services under
42 USC 1396 is approved by the federal department of health and human services, the department shall disregard income from the following individuals, in an amount sufficient for the individual to become eligible for medical assistance under this section:
49.46(1)(am)1.a.
a. A pregnant woman whose family income, before any income is disregarded under this paragraph, does not exceed, in state fiscal year 1994-95, 155% of the poverty line for a family the size of the woman's family; and, in each state fiscal year after the 1994-95 state fiscal year, 185% of the poverty line for a family the size of the woman's family.
49.46(1)(am)1.b.
b. A child who is under 6 years of age and whose family income, before any income is disregarded under this paragraph, does not exceed, in state fiscal year 1994-95, 155% of the poverty line for a family the size of the child's family; and, in each state fiscal year after the 1994-95 state fiscal year, 185% of the poverty line for a family the size of the child's family.
49.46(1)(am)1.c.
c. A child who is under one year of age, whose mother was determined to be eligible under
subd. 1. a. and who lives with his or her mother.
49.46(1)(am)2.
2. The department shall request a change in the approved state plan for services under
42 USC 1396 to allow, pursuant to the authority granted under
42 USC 1396a (r) (2), the use of federal matching funds to provide medical assistance coverage to individuals under
subd. 1., beginning on July 1, 1994.
49.46(1)(b)
(b) Any person shall be considered a recipient of aid for 3 months prior to the month of application if the proper agency determines eligibility existed during such prior month.
49.46(1)(c)
(c) Except as provided under
par. (co), a family that becomes ineligible for aid to families with dependent children under
s. 49.19 because of increased income from employment or increased hours of employment or because of the expiration of the time during which the disregards under
s. 49.19 (5) (a) 4. or
4m. or
(am) apply shall receive medical assistance for:
49.46(1)(c)1.
1. Six calendar months following the month in which the family becomes ineligible for aid to families with dependent children if all of the following apply:
49.46(1)(c)1.a.
a. The family is eligible for aid to families with dependent children for at least 3 of the 6 months immediately preceding the month in which the family becomes ineligible.
49.46(1)(c)1.b.
b. The family continues to include a child who is, or would be if needy, a dependent child under
s. 49.19.
49.46(1)(c)1.c.
c. The family complies with reporting requirements established by the department by rule.
49.46(1)(c)2.
2. Six calendar months following the 6 months under
subd. 1. if all of the following apply:
49.46(1)(c)2.a.
a. The family chooses to continue to receive medical assistance.
49.46(1)(c)2.b.
b. The family continues to include a child who is, or would be if needy, a dependent child under
s. 49.19.
49.46(1)(c)2.c.
c. The family complies with reporting requirements established by the department by rule.
49.46(1)(c)2.d.
d. The caretaker relative has earnings in each month of the period unless the caretaker lacks earnings because of illness, involuntary loss of employment or other good cause as determined by the department.
49.46(1)(c)2.e.
e. The family's average gross monthly earnings, less the cost of child care necessary for the employment of the caretaker relative, during the immediately preceding 3-month period do not exceed 185% of the poverty line for a family the size of the family.
49.46(1)(cg)
(cg) Medical assistance shall be provided to a dependent child, a relative with whom the child is living or the spouse of the relative, if the spouse meets the requirements of
s. 49.19 (1) (c) 2. a. or
b., for 4 calendar months beginning with the month in which the child, relative or spouse is ineligible for aid to families with dependent children because of the collection or increased collection of maintenance or support, if the child, relative or spouse received aid to families with dependent children in 3 or more of the 6 months immediately preceding the month in which that ineligibility begins.
49.46(1)(co)1.1. Except as provided under
subd. 2., medical assistance shall be provided to a family for 12 consecutive calendar months following the month in which the family becomes ineligible for aid to families with dependent children because of increased income from employment, because the family no longer receives the earned income disregard under
s. 49.19 (5) (a) 4. or
4m. or
(am) due to the expiration of the time limit during which the disregards are applied or because of the application of the monthly employment time eligibility limitation under
45 CFR 233.100 (a) (1) (i).
49.46(1)(co)2.
2. If a waiver under
subd. 3. is granted, the department may select individuals to receive medical assistance benefits as provided under
par. (c), rather than under
subd. 1., as a control group for part or all of the period during which the waiver is in effect.
49.46(1)(co)3.
3. The department shall request a waiver from the secretary of the federal department of health and human services to permit the extension of medical assistance benefits under
subds. 1. and
2. Subdivision 1. does not apply unless a federal waiver is in effect. If a waiver is received, the department shall implement
subds. 1. and
2. no later than the first day of the 6th month beginning after the waiver is approved.
49.46(1)(d)1.
1. Children who are placed in licensed foster homes or licensed treatment foster homes by the department and who would be eligible for payment of aid to families with dependent children in foster homes or treatment foster homes except that their placement is not made by a county department under
s. 46.215,
46.22 or
46.23 will be considered as recipients of aid to families with dependent children.
49.46(1)(d)2.
2. Any accommodated person or any patient in a public medical institution shall be considered a recipient for purposes of this section if such person or patient would have inadequate means to meet his or her need for care and services if living in his or her usual living arrangement.
49.46(1)(d)3.
3. Any child adopted under
s. 48.48 (12) shall be considered a recipient for any medical condition which exists at the time of the adoption or develops subsequent to the adoption.
49.46(1)(d)4.
4. A child who meets the conditions under
42 USC 1396a (e) (3) shall be considered a recipient of benefits under
s. 49.77 or federal Title XVI.
49.46(1)(e)
(e) If an application under
s. 49.47 (3) shows that the person has income and resources within the limitations of
s. 49.19, federal Title XVI or
s. 49.77, or that the person is an essential person, an accommodated person or a patient in a public medical institution, the person shall be granted the benefits enumerated under
sub. (2) whether or not the person requests or receives a grant of any of such aids.
