In re Jane Doe

No. 230079018-001 (Pa. Dep’t of Pub. Welfare Oct. 4, 1996) ; Clearinghouse Number: 51583

Description

Agency May Not Deem Medicaid Recipient’s Husband’s Income to Her Because He Is a Recipient of Special Pharmaceutical Benefits

Abstract

The hearing officer has held that appellant’s husband’s income should not be deemed to available to her in determining her eligibility for Medicaid benefits. Appellant’s husband, a person with AIDS, receives Special Pharmaceutical Benefits under the state’s medical assistance program. The Special Pharmaceutical Benefits Program provides certain life-sustaining medications to eligible persons with HIV disease/AIDS and to mental health clients with schizophrenia. After he and appellant were married, the Pennsylvania Department of Public Welfare (DPW) terminated her Medicaid eligibility because it deemed his income to her. On appeal, appellant argued that DPW’s termination notices were defective and that DPW had erred in deeming her husband’s income to her because he is also a medical assistance recipient. The hearing officer held that, because appellant’s husband is a medical assistance recipient, DPW may not deem his income to her for purposes of determining her eligibility for Medicaid.

Additional Information

Docket Date
1996-10-04 00:00:00+00:00