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DEPARTMENT OF HEALTH AND SOCIAL SERVICES

Division of Medicaid and Medical Assistance

Statutory Authority: 31 Delaware Code, Section 512 (31 Del.C. §512)
16 DE Admin. Code 17000

FINAL

ORDER

Delaware Social Services Manual (DSSM) Section 17000

NATURE OF THE PROCEEDINGS:

Delaware Health and Social Services (“Department”) / Division of Medicaid and Medical Assistance initiated proceedings to amend the Delaware Social Services Manual (DSSM) regarding section 17000, specifically, to update the table of contents. 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 following regulatory action is exempt from the Administrative Procedures Act in accordance with 29 Delaware Code, Ch. 101, §10113(b)(4), which exempts from the procedural requirements of the Administrative Procedures Act (APA) regulations for existing regulations to make non-substantive changes in existing regulations to alter style or form or to correct technical errors.

SUMMARY OF PROPOSAL

Purpose

The purpose of the amendment is to ensure consistency within the sections of the DSSM.

Effective for services provided on and after October 11, 2019 Delaware Health and Social Services/Division of Medicaid and Medical Assistance (DHSS/DMMA) proposes to amend Delaware Social Services Manual (DSSM) regarding section 17000, specifically, to remove the table of contents.

Background

Portals and websites provide the government with the opportunity to share details about operations, policy and practices. Information posted should be easy to access, clear and consistently formatted.

The Delaware Social Services Manual (DSSM) is part of Title 16 of the Delaware Administrative Code which is the official version of the regulation of the State of Delaware.

These are regulations used in determining eligibility for cash assistance, food benefits, medical assistance, and child subsidies. These are programs administered by the Division of Social Services (DSS) and the Division of Medicaid and Medical Assistance (DMMA).

Statutory Authority

31 Del.C. §512

Citation

29 Del.C. Ch. 101 §10113, Adoption of Regulations; Exemptions

Fiscal Impact Statement

There is no anticipated fiscal impact to the agency.

FINDINGS OF FACT:

The Department finds that the proposed changes as set forth in the August 2019 Register of Regulations should be adopted.

THEREFORE, IT IS ORDERED, that the proposed regulation to amend the Delaware Social Services Manual (DSSM) regarding section 17000, specifically, to remove the table of contents, is adopted and shall be final effective August 12, 2019.

6/25/19

Date of Signature

Kara Odom Walker, MD, MPH, MSHS, Secretary,

DHSS

17000 SSI Related Programs

17000 Family and Community Medical Assistance - SSI Related Programs

The following section describes the eligibility groups that are categorically related to the SSI program.

17100 SSI Beneficiaries

17110 Individuals Who Would Be SSI Beneficiaries Except for July, 1972 Increase in OASDI Benefits

17120 Recipients of Mandatory State Supplementary Payments

17130 1619 (b) Eligibles

17130.1 Eligibility Determination

17140 “Pickle Amendment” – Loss of SSI Benefits Due to COLA Increases

17140.1 Eligibility Determination

17140.2 Computation of COLA Disregard

17140.2.1 Computation of COLA Disregard for Pickles

17150 Widows/Widowers (Age 60-64)

17150.1 Eligibility Determination

17155 Widows/Widowers with Disabilities (Age 50-59)

17155.1 Eligibility Determination

17160 Adult Children with Disabilities

17160.1 Eligibility Determination

17170 Section 4913 Children with Disabilities

17200 Disabled Children - Program Renamed (See 25000 Section)

17300 Qualified Medicare Beneficiaries

17300.1 Application Process

17300.2 Medicare Entitlement

17300.3 Financial Eligibility

17300.3.1 COLA Disregard

17300.3.2 Income

17300.3.2.1 Excluded Income

17300.3.2.2 What is Not Income

17300.3.2.3 Gross Income

17300.3.2.4 Earned Income

17300.3.2.5 Unearned Income

17300.3.2.6 Income Computation

17300.4 Effective Date of Coverage

17300.4.1 Retroactive Coverage Precluded

17300.5 Benefits

17300.6 Redetermination of Eligibility

17300.7 Identification of Beneficiaries

17300.8 Payments to Providers

17400 Specified Low Income Medicare Beneficiaries

17400.1 Income Limits

17400.1 SLMB Income Limits

17400.1.1 COLA Disregard

17400.2 Retroactive Coverage

17400.3 Redetermination of Eligibility

17500 Qualifying Individuals

17510 Qualifying Individuals 1

17520 Qualifying Individuals 2

17530 COLA Disregard

17540 Retroactive Coverage

17550 Capped Allocation

17560 Redetermination of Eligibility

17700 Qualified and Disabled Working Individuals (QDWI)

17700 Income Limits

17700.1 Application Process

17700.2 Medicare Beneficiary

17700.3 Financial Eligibility

17700.3.1 Income

17700.4 Effective Date of Coverage

17700.4.1 Retroactive Coverage

17700.5 Redetermination of Eligibility

No Retroactive eligibility

17800 Medical Assistance During Transition to Medicare

17801 Status Eligibility

17802 Financial Eligibility

17803 Determination Eligibility

17804 Income Standard

17805 Payment Level

23 DE Reg. 127 (08/01/19) (Final)
 
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