Administrative Code

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Virginia Administrative Code
Title 12. Health
Agency 30. Department of Medical Assistance Services
Chapter 40. Eligibility Conditions and Requirements

12VAC30-40-20. Post-eligibility treatment of institutionalized individuals.

The following amounts are deducted from gross income when computing the application of an individual's or couple's income to the cost of institutional care:

1. Personal needs allowance.

a. Aged, blind, disabled:

Individuals: $40 PLUS *

Couples: $60 PLUS *

For the following individuals with greater need -- * (1) Patients in institutions who participate in work programs as part of treatment. The first $75.00 of earnings plus 1/2 the remainder, up to a maximum of $190.00 monthly is allowed to be retained for personal needs. * (2) Patients receiving institutional or home- and community-based waiver services who pay guardianship fees, the actual cost of guardian fees up to a maximum of 5% of gross income.

b. AFDC related:

Children: $40

Adults: $60

c. Individuals under age 21 covered in this plan as specified in Item b.7 of 12VAC30-30-20: $40

Statutory Authority

§§ 32.1-324 and 32.1-325 of the Code of Virginia.

Historical Notes

Derived from VR460-02-2.6100 B, eff. June 1, 1994; amended, Virginia Register Volume 23, Issue 18, eff. July 1, 2007.

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