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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsAugust 2016

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Delaware Health and Social Services ("Department") / Division of Medicaid and Medical Assistance initiated proceedings to amend the Delaware Social Services Manual (DSSM) by adding a provision regarding long-term care eligibility, specifically, to modify language regarding undue hardship provisions to align with current federal regulations and DMMA policy. The Department's proceedings to amend its regulations were initiated pursuant to 29 Del.C. §10114 and its authority as prescribed by 31 Del.C. §512.
The Department published its notice of proposed regulation changes pursuant to 29 Del.C. §10115 in the June 2016 Delaware Register of Regulations, requiring written materials and suggestions from the public concerning the proposed regulations to be produced by July 1, 2016 at which time the Department would receive information, factual evidence and public comment to the said proposed changes to the regulations.
§1902(17)(c) of the Social Securities Act, Reasonable evaluation of income and resources
§1912(a)(1)(A) of the Social Security Act, Assignment of rights of payments
§1917 of the Social Security Act, Liens, Adjustments and Recoveries, and Transfers of Assets
§1924(a)(3)(b) of the Social Security Act, Methodology and standards for determining and evaluating income and resources for institutionalized spouses
42 CFR 435.602(c), Financial responsibility of relatives and other individuals
In accordance with the federal public notice requirements established at Section 1902(a)(13)(A) of the Social Security Act and 42 CFR 447.205 and the state public notice requirements of Title 29, Chapter 101 of the Delaware Code, Delaware Health and Social Services (DHSS)/Division of Medicaid and Medical Assistance (DMMA) gives public notice and provides an open comment period for thirty (30) days to allow all stakeholders an opportunity to provide input on the modification of the undue hardship provisions. Comments were to be received by 4:30 p.m. on July 1, 2016.
Council endorses the proposed regulation.
Agency Response: Thank you again for your review and feedback related to the proposed amendment to the Delaware Social Services Manual (DSSM) to modify language regarding undue hardship provisions. DMMA is pleased to provide the opportunity to receive public comments and greatly appreciates the thoughtful input given.
THEREFORE, IT IS ORDERED, that the proposed regulation to amend the Delaware Social Services Manual (DSSM) by modifying provisions regarding long-term care eligibility, specifically, to modify language regarding undue hardship provisions to align with current federal regulations and DMMA policy, is adopted and shall be final effective August 11, 2016.
Last Updated: December 31 1969 19:00:00.
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