PURPOSE: This rule defines institutions for the purpose of establishing eligibility for Blind Pension pursuant to Chapter 209, RSMo, MO HealthNet pursuant to Chapter 208, RSMo, and Supplemental Payment pro- 13 CSR 40-2

grams pursuant to section 208.030, RSMo.

PUBLISHER’S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.

1. (1) Definitions—

   1. (A) “Public institution” shall be defined according to the definition in 42 CFR section 435.1010;

   2. (B) “Inmate or resident of a public institution” shall be defined according to the definition of “inmate of a public institution” in 42 CFR section 435.1010.

      1. 1. This definition includes, but is not lim-

ited to, an inmate serving time for a criminal offense, or who is being confined in a local, state, or federal prison, jail, detention facility, or other penal facility, regardless of adjudication status;

1. (C) “Patient” shall be defined according to the definition in 42 CFR section 435.1010;
2. (D) “Medical institution” shall be defined according to the definition in 42 CFR section 435.1010;
3. (E) “Maintained” shall mean, for purposes of this regulation, a blind person who is “maintained” in a private institution that provides food and shelter to four (4) or more persons unrelated to the proprietor; and
4. (F) “Private institution” shall mean an “institution,” as defined in 42 CFR section 435.1010, that does not meet the definition of a public institution.

1. (2) Any claimant who is an inmate or resident of a public institution, except as a patient in a medical institution, shall not be eligible for Blind Pension, MO HealthNet, and Supplemental Payment programs.
2. (3) For purposes of Blind Pension only: Blind persons who are maintained in private or endowed institutions shall not be eligible for the Blind Pension cash payment; however, these persons may qualify for Mo HealthNet if they are otherwise eligible for Blind Pension.
3. (4) The provisions and definitions cited by this rule from the Code of Federal Regulations
4. (CFR) are published on the Electronic Code of Federal Regulations (ECFR) website at h t t p s : / / w w w. e c f r. g ov / c g i - b i n / t ex t - idx?rgn=div5;node=42%3A4.0.1.1.6#se42 .4.435_11010 and are hereby incorporated by reference and made part of this rule as published by the office of Federal Register, National Archives and Records Administration, Washington, DC 20408, February 6, 2020. This rule does not incorporate any subsequent amendments or additions.

AUTHORITY: sections 207.022 and 660.017, RSMo 2016.* Original rule filed May 13, 1948, effective May 23, 1948. Amended: Filed Nov. 4, 1954, effective Nov. 14, 1954; Original rule filed May 13, 1948, effective May 23, 1948. Amended: Filed Nov. 4, 1954, effective Nov. 14, 1954; Original rule filed Sept. 26, 1951, effective Oct. 6, 1951 and original rule filed Sept. 26, 1951, effective Oct. 6, 1951. Amended: Filed July 24, 1953, effective Oct. 4, 1953. Amended: Filed Nov. 20, 1967, effective Nov. 30, 1967. Combining these four (4) rules filed March 24, 1976. Amended: Filed Sept. 22, 2017, effective May 30, 2018. Amended: Filed Feb. 7, 2020, effective Aug. 30, 2020. *Original authority: 207.022, RSMo 2014 and 660.017, RSMo 1993, amended 1995.