PA DPW Updates Medicaid LTC Handbook Online
On January 6, 2009, the Pennsylvania Department of Public Welfare updated its Long-Term Care Handbook Operations Memoranda webpage (previously revised on 07/29/08) publicly posting its collective policies and procedures for long-term care payments under the Medicaid program in the Commonwealth, applied post-DRA (federal Deficit Reduction Act of 2005). The modified policies affected by the DRA are highlighted in red text.
The Table of Links for DPW's Operations Memoranda (all in PDF format) is copied below:
LONG-TERM CARE HANDBOOK OPERATIONS MEMORANDA
| OPS NUMBER | DESCRIPTION | CHAPTER(S)/ | Ops Date |
| Cost of Living Adjustment (COLA) Increase Affecting Long Term Care (LTC) Budgets Effective January 1, 2009 | Not Linked | December 5, 2008 | |
| Money Follows the Person (MFP) Demonstration Project | Pending Chapter Release | June 13, 2008 | |
| Adult Autism Waiver | Not Linked Pending Chapter Release | June 13, 2008 | |
| Disqualification for Payment of Long Term Care Services | Not Linked | February 26, 2007 | |
| Changes to Spousal Impoverishment Policy and Procedures Related to Medicaid/Long Term Care | Not Linked | February 26, 2007 | |
| Undue Hardship Waiver Provisions | Not Linked | February 26, 2007 | |
| Annuities | Not Linked | February 26, 2007 | |
| Changes to Policy Regarding the Purchase of a Life Estate in Another Individual’s Home | Not Linked | February 26, 2007 | |
| Changes to Policy Regarding Promissory Notes, Loans and Mortgages | Not Linked | February 26, 2007 | |
| Transfer of Assets for Less Than Fair Market Value | Not Linked | February 26, 2007 | |
| (SSP) Program – Overpayment Referrals | May 26, 2006 | ||
| Application of Spousal Impoverishment Provisions for Current Recipients of Home and Community-Based Services | Not Linked Pending Chapter Release | June 15, 2006 | |
| Exclusion of Mandatory Income Tax Withholdings and Social Security Administration Benefit Recoupments When Determining Contribution Toward Cost of Long-Term Care Services | October 22, 2004 | ||
| Annuities and Guardian Fees | April 30, 2002 | ||
| Mandatory Standard Utility Allowances (SUAs) | February 13, 2004 |
For background regarding the changes wrought by the DRA, see: PA EE&F Law Blog postings: "PA DPW's New Policies under DRA" (04/04/07); "DRA to be Effective in PA on Feb 1st ... no ... Mar 1st, 2007" (01/03/07); and "Pre-DRA Annuities in PA" (11/27/06).
The only recently promulgated regulations are dated December 5, 2008, related to "Cost of Living Adjustment (COLA) Increase Affecting Long Term Care (LTC)." The other additions (in red text) to the website were effective February 26, 2007, but only now are posted on DPW's website for public access.
Is this DPW's compliant response to the new Pennsylvania Open Records Law, which took effect on January 1, 2009? If so, that's a good effect of the new law.
To learn more about this new law, see: the Pennsylvania Open Records Office official website.
For whatever reason, it is good to know where to find, online, DPW's current standards and rules applicable to long-term care payments under the Medicaid program administered in Pennsylvania.
Thanks go to Attorney Robert Clofine, of York, PA, for drawing this development to the attention of the listserv members of the Elder Law Section, of the Pennsylvania Bar Association.
