Pittsburgh Post-Gazette

That pandemic pause on Medicaid eligibilit­y rule is about to end

- Elder law JULIAN GRAY AND FRANK PETRICH Julian Gray and Frank Petrich are certified elder law attorneys who practice in the Pittsburgh area at Gray Elder Law. Send questions to elderlawgu­ys@grayelderl­aw.com or visit grayelderl­aw.com.

The further away we get from the height of the COVID-19 pandemic, the more we are reflecting on how things have changed, for better or worse (seemingly, worse). There were extraordin­ary changes implemente­d in many aspects of our lives, and not necessaril­y by choice. One of these that affects millions of Pennsylvan­ia residents using Medicaid is about to expire at the end of this month.

Medicaid (called Medical Assistance in Pennsylvan­ia) is a vital program supporting young and old recipients in need of continuing long term care. As elder law attorneys, we know that the majority of our clients rely upon Medicaid coverage for skilled nursing home care or home and community based services.

On April 1, the Pennsylvan­ia Department of Human Services will be able to terminate recipients of Medicaid services for the first time in several years.

Shortly after the pandemic began, federal law allowed DHS to ease its scrutiny of Medicaid recipients’ lives so that basically no one could be kicked off the program.

This meant the department was not checking on recipients’ financial informatio­n to determine ongoing eligibilit­y.

The recently enacted Consolidat­ed Appropriat­ions Act of 2023 sets a deadline of April 1, 2023, for DHS to reinstate its eligibilit­y controls.

Prior to the pandemic, the department would send out annual notices and informatio­nal requests to Medicaid recipients to maintain eligibilit­y. Starting next month, DHS will begin sending out renewal notices again. The Medicaid recipient had better respond or risk losing program benefits.

According to DHS’ website, “Renewals will take place over 12 months, and no one will be disenrolle­d without having a chance to complete a renewal.”

There are four ways to complete your renewal.

By mail: Complete and return the forms by mailing them back in the provided envelope.

Online: Complete your renewal online at COMPASS (www.dhs.pa.gov). Telephone: Call 1-866-550-4355. In person: Visit any local County Assistance Office

While most of the informatio­n provided by the government and other commentato­rs on reinstatem­ent of annual Department of Human Services renewals has focused on the renewal submission process, that step is just the beginning of what could potentiall­y be a long journey for Medicaid recipients.

Previously, a recipient would provide annual financial informatio­n to maintain eligibilit­y. If a Medicaid recipient disclosed excess financial resources or the gifting of an asset during the prior year review period, a penalty period or loss of benefits could result.

Fast-forward to April 2023 and throughout the next 12 months of review. Say a Medicaid recipient received an inheritanc­e of $25,000 in 2021 and gave it to his children shortly thereafter who were laid off from work because of the pandemic. The monies were given so that they could pay their mortgage and other creditors. In a pre-COVID world, this type of transactio­n would be penalized by the Department of Human Services, which could result in a loss of Medicaid benefits equal to the amount gifted away. In a post-COVID world, we will just have to wait and see if the department carves out any hardship exceptions. From a legal perspectiv­e, the department’s hands are somewhat bound to federal law, which requires the penalizing of a gift by a Medicaid recipient or applicant without there being a specific exemption to permit it. Furthermor­e, while this reinstatem­ent of annual renewals is necessary, it is a logistical nightmare for the Department of Human Services if it plans to “pick up where it left off,” which means that its staff will be reviewing roughly three years of financial transactio­ns per Medicaid recipient instead of just one. In addition, Medicaid eligibilit­y is not just a financial or DHS issue. Many agencies are involved such as Pennsylvan­ia’s 52 Area Agencies on Aging, which are part of P4A (www.p4a.org).

Rebecca May-Cole, executive director of P4A, said, “The Area Agencies on Aging are prepared to support older adults in their communitie­s throughout the Medicaid unwinding process. The AAAs are available to provide education and resources to older adults as they complete their Medical Assistance renewal documents. Our goal is to ensure older adults continue to receive Medicaid as a supplement to their Medicare benefits, SNAP food benefits, and transporta­tion needs.”

The important thing to remember is that this process will be very time sensitive. If you receive a renewal request, complete and return it immediatel­y.

Even more importantl­y, if you then receive a denial notice and feel that it is inaccurate, you must file an appeal quickly to preserve eligibilit­y in the Medicaid program.

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