DEPARTMENT OF HEALTH AND SOCIAL SERVICES

Division of Social Services

Statutory Authority: 31 Delaware Code,

Chapter 5, Section 512 (31 Del.C. Ch. 5, §512)

FINAL

ORDER

20200.2 Excluded Income

Nature of the Proceedings

Delaware Health and Social Services (“Department”) / Division of Social Services initiated proceedings to amend the Division of Social Services Manual (DSSM) regarding the Long Term Care Program. This proposal gives direction for the eligibility process on German Reparation payments received by institutionalized individuals. 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 May 2005 Delaware Register of Regulations, requiring written materials and suggestions from the public concerning the proposed regulations to be produced by May 31, 2005 at which time the Department would receive information, factual evidence and public comment to the said proposed changes to the regulations.

Summary of Provisions

Citations

• The Medicaid Act 1902 (r) (1) (A): Reparation Payments, Federal Republic of Germany

• Social Security Transmittal 91 ADM -23: Treatment of German Reparation Payments Received by Institutionalized Individuals

• POMS SI 01130.610: Payments to Victims of Nazi Persecution

• POMS SI 00830.710: Payments to Victims of Nazi Persecution

Rules are expanded in DSSM 20310.10 and DSSM 20200.2 that exclude German Reparation payments as income and resources for eligibility and post eligibility calculations.

Summary of Comments Received with Agency Response

The State Council for Persons with Disabilities (SCPD) offered the following summarized comment:

SCPD endorses the proposed regulations. In a nutshell, the payments will not count as income or resources. Interest earned on the resources may be considered income.

Agency Response: DSS thanks you for your endorsement.

Findings of Fact

The Department finds that the proposed changes as set forth in the May 2005 Register of Regulations should be adopted.

THEREFORE, IT IS ORDERED, that the proposed regulation to amend the policies for the Long Term Care Program related to German Reparation payments is adopted and shall be final effective August 10, 2005.

Vincent P. Meconi, Secretary, DHSS, 7/13/05

DSS FINAL ORDER REGULATION #05-31

REVISIONS:

DSSM 20200.2 Excluded income

Excluded income is an amount money which is income by definition but does not count in determining eligibility. Some income is excluded when determining eligibility, but must may be included when calculating patient pay amount. The following items are excluded income:

(a) Victims compensation payments from a State established fund.

(b) German reparations payments. These payments are not counted in the eligibility nor post eligibility process.

(c) Effective 9/1/91 Austrian social insurance payments specifically based on wage credits granted under Paragraphs 500-506 of the Austrian General Social Insurance Act.

(d) Japanese-American, Japanese-Canadian and Aleutian restitution payments.

(e) Agent orange settlement payments.

(f) Impairment-related work expenses.

(g) Radiation Exposure Compensation Trust Fund payments.

(h) Cash or other assistance received under a Federal statute because the President has declared a major disaster.

(i) Payments made under the Netherlands' Act on Benefits for Victims of Persecution 1940-1945 (acronym WUV).

(j) Income of Native Americans income derived from tribal trust lands; and effective 1/1/94, up to $2,000 per year in payments derived from individual interests in Indian trust or restricted land.

9 DE Reg. 239 (08/01/05) (Final)