Commonwealth of Massachusetts
Executive Office of Health and Human Services
Office of Medicaid
600 Washington Street Boston, MA 02111 www.mass.gov/masshealth

MassHeafth

MassHealth Eligibility Letter 126 October 1, 2004

TO:	MassHealth Staff
FROM:     Beth Waldman, Medicaid Director
RE: 	 Annual Change to the Federal Standard Maintenance Allowance and Standard   Shelter Expense

This letter transmits revised regulations about the annual increase to the federal standard maintenance allowance from $1,515 to $1,562, and the standard shelter expense from $455 to $469.
These emergency regulations were effective July 1, 2004.

Insert
520.026 (1 of 5)

MANUAL UPKEEP Remove
520.026 (1 of 5)

Trans. By
E.L. 115

130 CMR: DIVISION OF MEDICAL ASSISTANCE
Trans. by E.L. 126
MASSHEALTH
FINANCIAL ELIGIBILITY	Chapter     520
Rev. 07/01/04	(1 of 5)    Page	520.026
(1)	MassHealth determines the MMMNA by adding the following amounts:
(a)	$1,562 (the federal standard maintenance allowance); and
(b)	an excess shelter allowance determined by calculating the difference between the standard shelter expense of $469 and the shelter expenses for the community spouse's principal residence, including:
(i) the actual expenses for rent, mortgage (including interest and principal), property taxes and insurance, and any required maintenance charge for a condominium or cooperative; and
(ii) the applicable standard deduction under the Food Stamp Program for utility expenses. If heat is included in the rent or condominium fee, this amount is $258. If heat is not included in the rent or condominium fee, this amount is $425.
(2)	The maximum-monthly-maintenance-needs allowance is $2,319 per month, unless it has been increased as the result of a fair-hearing decision based on exceptional circumstances in accordance with 130 CMR 520.017(D).
(3)	If the institutionalized individual is subject to a court order for the support of the community spouse, the court-ordered amount of support must be used as the spousal-maintenance-needs deduction when it exceeds the spousal-maintenance-needs deduction calculated according to 130 CMR 520.026(B) or resulting from a fair hearing.
(C) Deductions for Family-Maintenance Needs.
(1) MassHealth allows a deduction from the income of a long-term-care resident to provide for the maintenance needs of the following family members if they live with the community spouse:
(a)	a minor child — a child under age 21 of either member of the couple;
(b)	a dependent child — a child over age 21 who is claimed as a dependent by either
spouse for income-tax purposes under the Internal Revenue Code;