DEPARTMENT OF HEALTH AND SOCIAL SERVICES
Statutory Authority: 31 Delaware Code,
Chapter 5, Section 512 (31 Del.C. Ch. 5, §512)
DSSM 20310.10 Reparations
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
• 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
DSSM 20310.10 Reparations
Unspent German or Austrian reparations payments may be excluded only if including them in resources would affect eligibility.
German Reparation payments must not be considered available in the eligibility or post eligibility treatment of income and resources. They can no longer be applied toward the personal needs allowance, community spouse income allowance, family member allowance nor cost of care. If German reparations payments are retained beyond the month of receipt, they must be considered exempt resources whether received while the person was in the community or after becoming institutionalized. These funds should be kept separate from other income and resources. Interest earned on these resources must be considered available income.
9 DE Reg. 239 (08/01/05) (Final)