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State of Wisconsin |
HISTORY |
The policy on this page is from a previous version of the handbook.
15.3.2 Agent Orange Settlement Fund
15.3.4 Crime Victim Restitution Program
15.3.5 Disaster and Emergency Assistance
15.3.8 General Income Disregard
15.3.9 Individual Development Account Payments
15.3.14 Payments to Native Americans
15.3.15 Payments to Nazi Victims
15.3.16 Radiation Exposure Compensation Act
15.3.17 Refugee "Reception and Placement" Payments
15.3.18 Refugee Cash Assistance
15.3.26.1 Residents of the State Veterans Home
15.3.27 Wartime Relocation of Citizens
15.3.28 Wisconsin Works Payments
15.3.29 Subsidized Guardianship Payments
" Disregard ” and "exempt" in this section mean "do not count.” When you are calculating the total amount of income a person has received, disregard the following kinds of income:
Disregard adoption assistance payments.
Disregard payments received from the Agent Orange Settlement Fund or any other fund established in settling In Re "Agent Orange" Product Liability Litigation, M.D.L. No. 381 (E.D.N.Y.).
Apply this disregard retroactively to January 1, 1989, and continue to disregard these payments for as long as they are identified separately.
Disregard combat zone pay that goes to the household that is in excess of the military person's pre-deployment pay. The exclusion lasts while the military person is deployed to the combat area.
If the amount of military pay from the deployed absent family member is equal to or less than the amount the household was receiving prior to deployment, count all of the income to the household. Any portion of the military pay that exceeds the amount the household was receiving prior to deployment to a designated combat zone should be excluded when determining the household’s income.
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Example 1: John's wife Bonnie and their daughter have an open Medicaid case. John is in the military stationed overseas, and his monthly income is $1,000. John sends his wife $1,000 every month.
When John is deployed to a combat zone his pay is increased to $1,300 a month, which is deposited into a joint account. Because the $300 is combat zone pay, it is exempt income and not counted in the determination. The pre-combat pay of $1,000 is budgeted as unearned income for Medicaid. |
Disregard any payments received from a state-established fund to aid victims of a crime.
Disregard major disaster and emergency assistance payments made by federal, state, county, and local agencies, and other disaster assistance organizations.
Disregard any penalty payment paid as a result of the Dottie Moore lawsuit.
These court-ordered $50-$200 penalty payments can be imposed when the IM agency or CSA does not correctly process child support refunds.
Disregard foster care payments. Foster care payments are considered to be the income of the child or adult who is receiving foster care and these payments are exempt income for the foster care recipient. However, in some situations the foster care recipient uses these payments to pay the foster parent for his or her room and board expenses. The room and board payments that are received by the foster parent are not disregarded and should be counted as non-exempt earned income (see Section 15.5.15 Earned Income Tax Credit) for the foster parent's Medicaid eligibility determination.
Disregard $20 from the EBD fiscal test group's net income.
Disregard IDA payments that are made in the form of matching funds to buy a home, start a business, or to complete post-secondary education.
Disregard income that is infrequent, irregular, and has no appreciable effect on ongoing need.
Infrequent income is defined as income that an individual receives only once during a calendar quarter from a single source and that the individual did not receive in the month immediately preceding that month or in the month immediately subsequent to that month, regardless of whether or not those payments occur in different calendar quarters.
Income is considered to be received irregularly if an individual cannot reasonably expect to receive it.
Exclude all the following amount of income that is received either infrequently or irregularly:
The first $30 per calendar quarter of earned income.
The first $60 per calendar quarter of unearned income.
Disregard Kinship Care payments.
Disregard life insurance policy dividends.
Disregard benefits received from the following:
Emergency Food and Shelter National Board
FEMA
FoodShare coupon allotment
Home produce for household consumption
National School Lunch Act
Supplemental food assistance under the Child Nutrition Act of 1966
Title VII Nutrition Program for the Elderly, Older Americans Act of 1965
USDA Child Care Food Program
USDA-donated food and other emergency food
WIC — the supplemental food program for women, infants, and children
Disregard the following payments to Native Americans:
Non-gaming tribal income from the following sources:
Distributions and payments from rents, leases, rights of way, royalties, usage rights, or natural resource extraction and harvest from one of the following:
This applies to eligibility determinations for all Medicaid subprograms for elderly, blind, or disabled persons except the following:
SeniorCare
LTC programs, such as the following:
Institutional Medicaid
HCBW
Managed LTC/ IRIS
For these subprograms, which are treated differently because they are covered under a different section of federal law, count all income from Tribal Per Capita payments from gaming revenue as unearned income.
Per capita payments from a tribe that come from natural resources, usage rights, leases, or royalties
Payment from natural resources, farming, ranching, fishing, leases, or royalties from land designated as Indian trust land by the Department of Interior (including reservations and former reservations)
Money from selling things that have cultural significance
Disregard payments made under PL 103-286 to victims of Nazi persecution.
Disregard payments from any program under the Radiation Exposure Act (PL 101-426) paid to persons to compensate injury or death due to exposure to radiation from nuclear testing ($50,000) and uranium mining ($100,000). The federal Department of Justice reviews the claims and makes the payments. If the affected person is dead, payments are made to his or her surviving spouse , children, parents, or grandparents.
Apply this disregard retroactively to October 15, 1990, and continue to disregard these payments for as long as they are identified separately.
Disregard cash payments from the RCA program. RCA is administered by W2 agencies and is made available for refugees who do not qualify for W2.
Disregard federally funded "Reception and Placement" payments made to refugees during the first 30 days after their arrival in the U.S. Reception and Placement payments are made by voluntary resettlement agencies and may be a direct payment to the refugee individual or family or to a vendor.
A reimbursement is a payment that a person receives for out-of-pocket expenses. Disregard reimbursements for expenses an AG member has incurred or paid. Do not disregard reimbursements for normal household living expenses (rent, clothing, or food eaten at home).
The following are some examples of reimbursements you should disregard:
The reimbursement payment should not be more than the person’s actual out-of-pocket expenses. If it is more, count the excess amount as unearned income.
Under Wis. Stat. § 32.19, relocation payments are available to displaced persons. The following are examples of costs that the relocation payments are intended to cover: moving expenses, replacement housing, and property transfer expenses. Disregard the amounts paid by any governmental agency or organization listed in Wis. Stat. § 32.02. Disregard Title II, Uniform Relocation Assistance and Real Property Acquisition Policies Act payments. Its purpose is to treat persons displaced by federal and federally aided programs fairly so that they do not suffer disproportionate injuries as a result of programs designed for the public's benefit.
Disregard Experimental Housing Allowance Program payments. The program's purpose is to study housing supply. Test areas, which include Brown County, were selected throughout the U.S., and contracts were entered into prior to January 1, 1975. A sample of families was selected to receive monthly housing allowance payments.
For Medicaid applicants or members, disregard housing assistance payments received under the following acts:
A repayment is money the member has received from an IM program and must give back because of a program error or violation. Since he or she is not entitled to the money, he or she must repay it. Therefore, it should not be counted as income to the member.
Disregard the following repayments:
If money from a particular income source is mixed with money from other types of income, disregard only an amount up to the amount of the current payment from the particular source.
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Example 2: Richard receives $50 a month from the VA and $250 from Social Security. The income from the two sources is added together in one lump sum of $300. If the VA overpays Richard by $200, he can pay back to the VA only the $50 a month he receives from the VA. If he repays more, for instance, $75 a month, disregard only $50. |
Disregard income from all of the following:
Disregard payments made under PL 104-204 to any child of a Vietnam veteran for any disability resulting from the child's spina bifida.
Disregard payments received from the class action settlement of Susan Walker vs. Bayer Corporation. These payments are to hemophiliacs who contracted the HIV virus from contaminated blood products.
In Medicaid cases, disregard the value of any commercial transportation ticket that the member, the member's spouse, or the member's parents (if the member is a minor ) receives as a gift if it is:
Disregard the following VA allowances:
Unusual medical expenses, aid and attendance, and housebound allowances for institutionalized and community waiver cases, in eligibility and post-eligibility determinations, except for residents of the State Veterans Homes at King, Chippewa Falls, or Union Grove (see Section 15.3.26.1 Residents of a State Veterans Home).
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Example 3: Jack is a single veteran living in his home. He is disabled (as determined by the VA) and receives VA pension benefits in the amount of $1,450 per month. Because he requires assistance with his daily living tasks, Jack receives an aid and attendance allowance that is part of the $1,450. The aid and attendance allowance that Jack receives is $589 per month. Aid and attendance is disregarded income.
$1,450 VA pension - 589 aid and attendance allowance (disregarded income) $ 861 budgetable income |
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Example 4: Donald is a married veteran living with his wife and two children. He is disabled (as determined by the VA) and receives VA compensation benefits in the amount of $2,600 per month. He does not receive aid and attendance, housebound, or unusual medical expense allowances.
The full $2,600 is budgetable income to the household. |
For any veteran who resides at a State Veterans Home at King, Chippewa Falls, or Union Grove, in the eligibility determination, exempt the amounts identified by the VA as unusual medical expenses, aid and attendance, and housebound allowances.
In the post-eligibility test, exempt $90 for those who meet all of the following conditions:
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Example 5: John is a veteran residing at the State Veterans Home at King. His total monthly income consists of a $90 VA pension and a $55 annuity payment. The $90 VA pension is totally disregarded in eligibility and post-eligibility determinations. The personal needs allowance for institutionalized members is deducted from the $55 annuity payment. John’s remaining budgetable income in the Medicaid post-eligibility determination is $10, and that $10 will be applied to his patient liability. |
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Example 6: Scott is a veteran residing at the State Veterans Home at King. His total monthly income consists of a $590 VA pension ($200 of which is for unusual medical expenses) and a $50 annuity payment. The portion of the VA pension for unusual medical expenses is totally disregarded in the Medicaid eligibility test. The $50 annuity payment and remaining $390 of the VA pension is non-exempt income. For the post-eligibility test, only $90 of the VA pension is disregarded. The patient liability calculation includes the personal needs allowance, so Scott will have to contribute $505 to his patient liability.
Eligibility Calculation $590 VA Pension + 50 Annuity $640 -200 (exempt income) $440 countable income
Liability Calculation $590 VA Pension + 50 Annuity $640 - 90 (exempt income) - 45 (personal needs) $505 patient liability |
Disregard restitution payments under PL 100-383 to individual Japanese-Americans (or their survivors) and Aleuts who were interned or relocated during World War II. There is no child support and maintenance disregard for Medicaid.
Disregard W2 payments for Transitional Jobs, Transform Milwaukee Jobs, and Community Service Jobs. Do not disregard payments for Trial Jobs.
Disregard subsidized guardianship payments.
This page last updated in Release Number: 15-03
Release Date: 11/24/2015
Effective Date: 11/24/2015
The information concerning the Medicaid program provided in this handbook release is published in accordance with: Titles XI and XIX of the Social Security Act; Parts 430 through 481 of Title 42 of the Code of Federal Regulations; Chapters 46 and 49 of the Wisconsin Statutes; and Chapters HA 3, DHS 2, 10 and 101 through 109 of the Wisconsin Administrative Code.
Notice: The content within this manual is the sole responsibility of the State of Wisconsin's Department of Health Services (DHS). This site will link to sites outside of DHS where appropriate. DHS is in no way responsible for the content of sites outside of DHS.
Publication Number: P-10030