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Full PDF Version - ASPE - U.S. Department of Health and Human ...

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Financial Eligibility Rules <strong>and</strong> Options 33ineligible for it might still qualify for Medicaid orfor the Children’s <strong>Health</strong> Insurance Program(CHIP) in their states, based on the family’sincome.Katie Beckett OptionThe Katie Beckett or TEFRA option, enacted permanentlyinto law in 1982, enables states to provideMedicaid to certain children with disabilitiesliving at home who need extensive care but whowould, without the option, be unable to qualifybecause their parents’ income or resource levelsput them above the financial eligibility cut<strong>of</strong>f.Before this option became available, children withdisabilities were typically eligible for SSI <strong>and</strong>,thus, Medicaid only if they lived in institutionalsettings. This was because <strong>of</strong> deeming rules similarto those discussed above. Most state Medicaidprograms followed SSI deeming rules on howincome <strong>and</strong> resources are counted. Under theserules, institutionalized children were not consideredpart <strong>of</strong> their parents’ households. Parentalincome <strong>and</strong> assets were therefore ignored, regardless<strong>of</strong> their magnitude. But children living withtheir parents were considered part <strong>of</strong> the parentalhousehold, making parental income <strong>and</strong> assetsdeemed available to the children, <strong>and</strong> substantiallyreducing the likelihood that children with disabilitieswould be eligible for Medicaid services,no matter how great the children’s service needsmight have been. This arrangement made it possiblefor children with disabilities in non-poor familiesto get Medicaid for institutional care but notfor equivalent care provided at home.The TEFRA option, which was enacted to createequity between the two settings in financial eligibility,is limited in the following ways. First, homecare for the child must be appropriate. Second, theestimated cost <strong>of</strong> community services for the childmay not exceed the cost <strong>of</strong> institutional care.Third, the child must require the level <strong>of</strong> care normallyprovided in an institution, making theTEFRA option unavailable for children whose disabilitiesdo not require this level <strong>of</strong> care. In statesthat use the TEFRA option parents may chooseeither institutional or community care for theirMedicaid-eligible children, subject to the aboverequirements.States need to consider the following points whenchoosing between the TEFRA option <strong>and</strong> theHCBS waiver option for covering children withdisabilities. First, states may not impose enrollmentcaps under the TEFRA option, as they canunder the HCBS waiver option. If elected, theTEFRA option must be open to anyone who qualifiesanywhere in the state. Second, states mustprovide to children eligible under both the TEFRAoption <strong>and</strong> the HCBS waiver option the sameEPSDT benefits provided to all other Medicaidchildren in the state. However, the HCBS optionallows states to <strong>of</strong>fer additional services <strong>of</strong> a nonmedicalnature. Finally, states may impose ashare-<strong>of</strong>-cost obligation on children in an HCBSwaiver program but not on children eligible underthe TEFRA option.Reducing Financial Barriers toEmployment for Persons withDisabilitiesAny benefit program that uses an income cut<strong>of</strong>f todetermine eligibility contains a powerful disincentivefor beneficiaries to work, if the earningsfrom that work would put them above the financialeligibility level for benefits. To the extent thatMedicaid coverage is needed in order to live, theproblem becomes an absolute barrier to employmentrather than simply a “disincentive.”In order to preserve the incentive for persons withdisabilities to work to their maximum withoutfear that doing so will cause them to lose theirmedical coverage, Federal law m<strong>and</strong>ates states todisregard certain earnings amounts in determiningeligibility for Medicaid. States have additionaloptions to protect the earnings <strong>of</strong> people with disabilitieswho have higher earning potential.Federal Provisions 14Since 1982, SSI <strong>and</strong> Medicaid have been providedfor certain SSI disability beneficiaries who succeedin work <strong>and</strong> earn more than what is termed the

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