NORTH DAKOTA DEPARTMENT OF HUMAN SERVICES
BISMARCK, NORTH DAKOTA
April 30, 2004

IM #4950

TO:		County Directors
Economic Assistance Policy Regional Representatives
Quality Control Reviewers

FROM:	Blaine Nordwall, Director, Economic Assistance Policy

SUBJECT:	Workers with Disabilities Coverage 

PROGRAMS:	Basic Care Assistance Program, Food Stamp Program, Low Income Home Energy Assistance Program (LIHEAP), and Temporary Assistance for Needy Families (TANF) 

RETENTION: 	Until Manualized

EFFECTIVE:  	May 1, 2004

This IM identifies how the above programs will address recipients of the new Workers with Disabilities Medicaid Coverage Group.

Disability
Basic Care Assistance Program will consider all individuals approved under the Workers with Disabilities program as disabled.  This is a change in policy found at Definitions 400-29-15(13).

Child Care Assistance Child Care Assistance does not have a disability policy. There will be no change to the policy manual.

Food Stamps will consider all individuals approved under the Workers with Disabilities as disabled (categorically eligible).  Since the disability determination for these individuals is being made the same way as the disability determination is made for 'AD' individuals, the Vision system will send a coverage code that will be converted to AD in TECS.  'AD' individuals are categorically eligible in TECS. There will be no change to the policy manual.

LIHEAP does not have a disability policy. There will be no change to the policy manual.

TANF will consider all individuals approved under the Workers with Disabilities program as disabled.  This is a change in policy found at Deprivation of Parental Support or Care 400-17-15-45.

Premium Payment and Enrollment Fee Expense
Basic Care Assistance will allow the paid premium amount and the paid enrollment fee of $100 as a deduction.  This is a change in policy found at Allowable Gross Income Deductions 400-29-60-05.

Child Care Assistance will not allow the paid premium amount and the paid enrollment fee of $100 as a deduction. There will be no change to the policy manual.

Food Stamps will allow the premium amount and the enrollment fee of $100 as a medical deduction when determining benefits for Workers with Disabilities.  This is a change in policy found at Allowable Medical Expenses 430-05-55-20-20.  The household has the option of using the enrollment fee as a one-time medical expense or averaging over the certification period per policy at Computing Medical Expenses 430-05-55-20-05.

The premium amount is considered known information to the worker.  The premium does not have to be paid, only incurred.  The premium must be base month budgeted.  If the household fails to pay the premium for a three-month period and an advance notice is sent to close Medicaid, the medical deduction cannot be allowed prospectively for food stamps.  However, if the household pays the premium prior to the case closing for Medicaid and the Medicaid case remains open, the worker must allow the deduction for food stamps.   

LIHEAP will allow the premium amount and the enrollment fee of $100 as a medical deduction when determining benefits.  This is a change in policy found at 415-25-05-05-05.

TANF will not allow the Workers with Disabilities enrollment fee and premium amount as a special allowance payment.  This is a change in policy found at Health Insurance Premiums 400-17-90-20. The enrollment fee and premium amounts will not be allowed as a deduction (including minor parent budgeting and step-parent budgeting) when determining the 

TANF benefit. The enrollment fee and premium amount are not allowed because Medicaid is not viewed as an insurance program.  This is a change in policy found at Allowable Expenses for Each Portion of TANF Benefit 
400-17-55-45.

Assets
Child Care Assistance Program does not take assets into consideration when determining eligibility for the program.  There will be no change to the policy manual.

Basic Care Assistance Program views the assets the same as Medicaid.  Individual(s) must have applied for and been found eligible for Medicaid benefits to receive assistance under this program.  There will be no change to the policy manual.

Food Stamps Food Stamp policy at Asset Exclusions 430-05-45-35 does not allow policy to exclude the approved Plan to Achieve Self-Support for Workers with Disabilities.  These plans are countable assets for food stamp purposes.  However, if the household is categorically eligible for food stamps, the household will automatically pass the asset test per policy at Categorical Eligibility 430-05-20-80. There will be no change to the policy manual.

LIHEAP will count assets excluded under the Workers with Disabilities coverage.  This is a change in policy found at 415-25-10-10-05.

TANF will count assets excluded under the Workers with Disabilities coverage while the individual has an approved plan to achieve self-support. This is a change in policy found at Countable Assets 400-17-15-65.

If you have question, please contact your Regional Representative.