1. A. In compliance with the Deficit Reduction Act, individuals who are insured under a long-term care insurance policy that meets the requirements of a “qualified state long-term care insurance partnership” policy shall receive a disregard of resources equal to the amount paid under the insurance policy.

   1. 1. The Medicaid Program shall accept the certification of the Louisiana Commissioner of Insurance that the long-term care policy meets the requirements of a “qualified long-term care insurance partnership” policy.

2. B. The resource disregard is determined on a 1:1 ratio. For each $1 of a qualifying long-term care insurance partnership policy benefit amount paid, $1 of countable resources is disregarded or excluded during the eligibility determination process.

   1. 1. The disregard is permitted at the time a recipient begins receiving benefits from a qualifying long-term care insurance partnership policy.
3. C. All resources shall be disregarded in eligibility determinations for the Qualified Medicare Beneficiaries (QMB), Specified Low Income Beneficiaries (SLMB) and Qualifying Individuals (QI) Programs.
4. D. Modified Adjusted Gross Income (MAGI) Groups. Resources will be disregarded for those groups using the MAGI determinations methodology.
5. E. Disregard from resources unspent funds received as a class member pursuant to a class settlement in the case of Nancy Anderson, et al. v. Bob Dean Jr., et al., 24th Judicial District Court, Parish of Jefferson. No. 820-839.
6. F. Resources accumulated from March 18, 2020 through March 31, 2023, that, but for the continuous enrollment provision at section 6008(b)(3) of the Families First Coronavirus Response Act, would have been paid toward the cost of a beneficiary’s home and community-based services waiver or institutional services based on the application of post-eligibility treatment of income, will be disregarded through the twelfth month following the first full redetermination of the beneficiary’s eligibility conducted after March 31, 2023.

Authority Note

AUTHORITY NOTE: Promulgated in accordance with R.S. 36:254 and Title XIX of the Social Security Act.

Historical Note

HISTORICAL NOTE: Promulgated by the Department of Health and Hospitals, Bureau of Health Services Financing and the Office of Aging and Adult Services, LR 35:1899 (September 2009), amended LR 36:2867 (December 2010), LR 41:949 (May 2015), amended by the Department of Health, Bureau of Health Services Financing, LR 45:1772 (December 2019), LR 46:1393 (October 2020), LR 49:876 (May 2023), LR 49:1223 (July 2023), repromulgated LR 49:1394 (August 2023).