Section 210-RICR-50-00-8.8 - Institutional Limited Home Maintenance AllowanceA. A home maintenance allowance is available for either a single LTSS beneficiary, in addition to the personal needs allowance, when residing in a health care institution and if there is an intent to return home. The allowance is equal to up to one hundred percent (100%) of the FPL for a family size of one (1). The home maintenance allowance counts toward the maximum monthly maintenance of standard.1. Access to the Home Maintenance Allowance - To obtain the home maintenance allowance, the following conditions apply:a. Time limits. The deduction from income resulting from the home maintenance allowance cannot be allocated for more than six (6) months in any continuous period of Medicaid LTSS in a health care institution.b. Certification. A licensed physician must certify that either LTSS beneficiary or both are likely to return to the home during the six (6) month period. The allowance ceases once a beneficiary is discharged and returns to the home.c. Home Expenses. The LTSS beneficiary or beneficiaries has expenses that are required to maintain a residence (owned or rented) in the community including, but not limited to, taxes, rent, mortgage payments, utilities, and insurance; andd. Other Resident Family Members. A spouse, dependent child or other person who is or could be claimed as a dependent for Federal income tax purposes was not residing in the home at the time the beneficiary was admitted to the LTSS health care institution; or, if both spouses are LTSS beneficiaries, they were admitted to a health care institution on the same day.2. Application of the Allowance - In instances in which LTSS beneficiaries qualify for the home maintenance allowance, it must be provided as follows: a. One (1) beneficiary only. The allowance is deducted from the income of only one (1) LTSS beneficiary, even in cases in which both members are receiving Medicaid coverage in a health care institution. The determination of which spouse will receive the home maintenance allowance is based on an assessment of what is most advantageous to both members of the couple.b. Restrictions. A Medicaid LTSS beneficiary residing in a health institutional arrangement is prohibited from receiving the home maintenance allowance and for the support of dependents at home.210 R.I. Code R. 210-RICR-50-00-8.8
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