Sample of Restitution Worksheet with entries for German restitution historically received.

Form Letter developed by NYLAG to notify the Social Security Administration or Medicaid office about the Ghetto Pension, with attached section of SSA POMS Procedures Manual that was amended in 2014, specifically stating that the Ghetto Pension is exempt from income and resources, and explaining how to determine if a particular award from Germany is a Ghetto Pension.

HRA MAP Form 3097 Request for Budgeting Recipients with Excess Income Who May Be MAGI Eligible - Alert and Form in this PDF. FORM dated 8-20-2014

1995 version of State form used to budget the spousal impoverishment income allowance in institutional budgeting and waiver budgeting. THis 1995 version is the only one we could find. IF you have a more recent version please email it to vbogart@nylag.org

Training outline on Affordable Care Act - the new Medicaid budgeting for MAGI.

Prepared by NYLAG Evelyn Frank Legal Resources Program

Revised Explanation of the Excess Income or Spend-down Program by NYS DOH

Published in March 2014

Letter to HRA to cease the unlawful practice of denying this impoverishment income allowance to community spouses who did a spousal refusal. HRA responded and corrected its policy, provided spouse provides complete information regarding income and resources. For links to these documents and to the letters from the NYSBA and HRA, see http://www.wnylc.com/health/entry/96/

A community spouse is entitled to the community spouse monthly income allowance (CSMIA) even if she does a spousal refusal to contribute resources. See NYS ADM 91-ADM-33 and NYS DOH Medicaid Reference Guide at page 396. However, since mid-2012, the NYC HRA Medicaid program has violated this longstanding state rule and has denied the community spouse this income allowance if she executed a spousal refusal. Many fair hearing decisions reversed these determinations, see, e.g. FH 6208131N (3/1/2013), FH 6318971R (9/5/2013). In December 2013, the Elder Law Section of the NYS Bar Association asked HRA to cease this unlawful practice of denying this impoverishment allowance. Through a Freedom of Information request, the Bar identified some internal HRA procedures that were wrong and asked that HRA correct them. On Dec. 24, 2013, HRA issued 2013 MAP-INF 04 which correctly states that the community spouse is entitled to the CSMIA even if she does a spousal refusal, if she provides complete information regarding income and resources.