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

		MassHealth
		Eligibility Letter 134
		July 1, 2005

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 $1,562 to $1,604 and the standard shelter expense from $469 to $482.

These emergency regulations are effective July 1, 2005.

	MANUAL UPKEEP

Insert	Remove	Trans. By

520.026 (1 of 5)	520.026 (1 of 5)	E.L. 132
130 CMR:  DIVISION OF MEDICAL ASSISTANCE

Trans. by E.L. 134	

Rev. 07/01/05	
	MASSHEALTH
	FINANCIAL ELIGIBILITY
		(1 of 5)	

Chapter
Page	

520
520.026	

(1)  MassHealth determines the MMMNA by adding the following amounts:

(a)  $1,604 (the federal standard maintenance allowance); and

(b)  an excess shelter allowance determined by calculating the difference between the standard shelter expense of $482 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 $268.  If heat is not included in the rent or condominium fee, this amount is $442.

(2)  The maximum-monthly-maintenance-needs allowance is $2,377.50 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;