Section 210-RICR-50-00-8.2 - Legal Authority and Scope and PurposeA. Federal Authorities:1. Federal Law: Title XIX, of the Federal Social Security Act at: 42 U.S.C. §§ 1396a, 1396b, and 1396k;2. Federal Regulations: 42 C.F.R. §§ 435.700- 435.735; 435.800 - 435.832; 460.184 Parts I through G, including §§435.733, 435.735 and 484.10(e).3. The Rhode Island Medicaid State Plan and the Title XIX, Section 1115(a) Demonstration Waiver (11-W-00242/1), effective through December 31, 2018.B. State Authorities: Among other statutes, R.I. Gen. Laws Chapters 40-8, 40-8.9, and 40-8.10.C. The PETI process is conducted by the State with verified information subsequent to the determination of income and resource eligibility, the assessment of clinical need and the pre-authorization of services. Only the amounts set aside for the purposes set forth is in this Rule may be protected. All the beneficiary's remaining income must be used to reduce the Medicaid payments for LTSS coverage. A beneficiary's income, protected amounts, and allocation to the cost of care are computed monthly to account for changes in income, the scope of services provided, and the cost of care, as appropriate.210 R.I. Code R. 210-RICR-50-00-8.2
Amended effective 6/3/2021
Amended effective 9/2/2021
Amended Effective 11/3/2021
Amended effective 7/29/2023(EMERGENCY)
Amended effective 11/22/2023