12VAC30-120-920. Individual eligibility requirements - B. 2. a. (1) AND B. 2. B. (1) – Pages 2384 and 2385

Please delete the eight hour employment per week minimum for disregarding earned income.

Background: The regulations specify that “Virginia shall reduce its payment for home and community-based services provided to an individual who is eligible for Medicaid services under 42 CFR 435.217 by that amount of the waiver individual's total income (including amounts disregarded in determining eligibility) that remains after allowable deductions for personal maintenance needs, deductions for other dependents, and medical needs have been made…” However, with the consideration that “working individuals have a greater need due to expenses of employment” the regulations state: “Earned income shall be deducted within the following limits: (i) for waiver individuals employed 20 hours or more, earned income shall be disregarded up to a maximum of 300% of SSI and (ii) for waiver individuals employed at least eight but less than 20 hours, earned income shall be disregarded up to a maximum of 200% of SSI.”

Why is it okay to disregard income for persons working less than 8 hours per week? They have the same employment expenses as persons working 8 to 20 hours per week.

My daughter, Virginia Casey has approximately 4 hours per week of paid work. Therefore, all of her earned income is taken away and she has NO FINANCIAL INCENTIVE TO WORK.

This regulation seems arbitrary and unfair. Why should a person who works less than 8 hours per week have earned income deducted when they have the same expenses of employment as those who work 9-20 hours? 

Please delete “at least eight <hours>” as follows:

“Earned income shall be deducted within the following limits: (i) … (ii) for waiver individuals employed less than 20 hours, earned income shall be disregarded up to a maximum of 200% of SSI.”