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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsApril 2013

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Delaware Health and Social Services (“Department”) / Division of Medicaid and Medical Assistance (DMMA) initiated proceedings to amend the Division of Social Services Manual (DSSM) regarding Long-Term Care program, specifically, Tax Refunds or Advance Payments. The Department’s proceedings to amend its regulations were initiated pursuant to 29 Delaware Code Section 10114 and its authority as prescribed by 31 Delaware Code Section 512.
The Department published its notice of proposed regulation changes pursuant to 29 Delaware Code Section 10115 in the February 2013 Delaware Register of Regulations, requiring written materials and suggestions from the public concerning the proposed regulations to be produced by March 4, 2013 at which time the Department would receive information, factual evidence and public comment to the said proposed changes to the regulations.
DSSM 20310.18, Tax Refunds and Advance Payments: The purpose of the proposed change is to clarify that the 12 month disregard of tax refunds and advance payments only applies to the funds that are received through December 31, 2012. Any refunds/advance payments received on or after January 1, 2013 will be considered a resource if retained the month following receipt.
Agency Response: DMMA thanks you for the affirmation.
THEREFORE, IT IS ORDERED, that the proposed regulation regarding Long Term Care Medicaid, specifically, Tax Refunds or Advance Payments is adopted and shall be final effective April 10, 2013.
Any retained portion of a tax refund and/or advance payment that was received on or after January 1, 2013 will be a countable resource the month following receipt.
Last Updated: December 31 1969 19:00:00.
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