016.20.24 Ark. Code R. 001

Current through Register Vol. 49, No. 12, December, 2024
Rule 016.20.24-001 - Workers with Disabilities Eligibility Choices
SECTION B
B-300Aid to the Aged, Blind and Disabled (AABD) Eligibility Groups
B-330Workers with Disabilities

MS Manual 03/22/25

This group consists of individuals who:

* Have a disability;

* Are working at the time of application (refer to Glossary for definition of working);

* Are at least sixteen (16) years of age, but less than sixty-five (65) years of age; and

* Except for earned income, would be income eligible to receive Supplemental Security Income (SSI).

If an individual was not an SSI or SSA disability recipient, a disability determination must be made by the DHS Medical Review Team (MRT). Refer to MS F-122.

Substantial Gainful Activity (SGA) is not considered for the disability determination. In addition, the individual's total unearned income (minus the twenty-dollar ($20) general exclusion) must be under the SSI payment amount for one (1) person to qualify for this group.

Recipients will be able to access services through Community Employment Support (CES) or

ARChoices Waiver, provided that the medical criteria for ARChoices or CES have been met as well as the financial criteria of the Workers with Disabilities group. Refer to MS C-240 for guidance regarding the medical assessment process.

If applicants accept services from ARChoices or CES Wavier providers while their applications are pending and are subsequently denied for ARChoices or CES Waiver, they will be responsible for paying the provider.

Recipients of Health Care in the Workers with Disabilities category will be eligible for the full range of Health Care services.

I-500Categorical Changes
I-570Workers with Disabilities Eligible to Receive ARChoices and CES Waiver Services

Refer to Health Care Procedures Manual for more information.

MS Manual 03/22/25

The ARChoices and Community Employment Support (CES) Waivers include the Workers with Disabilities category as a group that is eligible for services within the Waivers. In order to be eligible for ARChoices or CES Waiver services and the Workers with Disabilities category, applicants must meet both the functional need criteria of the ARChoices and CES Waiver program (MS F-155 and MS B-317) and the financial criteria of the Workers with Disabilities category (MS B-330).

Recipients will be able to access services through ARChoices or CES Waivers, provided that the medical criteria for ARChoices or CES have been met as well as the financial criteria of the Workers with Disabilities group. Refer to MS C-240 for guidance and procedures regarding the medical assessment process.

ARChoices and CES Transition to the Workers with Disabilities Category

ARChoices and CES recipients may also request to transition to the Workers with Disabilities category. Once the eligibility worker determines eligibility for the Workers with Disabilities category, the ARChoices or CES category will be closed, and the Workers with Disabilities category will be approved effective the day after closure.

Note: An ARChoices applicant or recipient may still be eligible for ARChoices when employed, as long as the individual's total income (earned and unearned) does not exceed the Waiver income limit. Also, an individual can remain categorically eligible for the ARChoices Waiver when they are SSI eligible but no longer in payment status. Social Security Disability rules allow beneficiaries to earn over the SGA limit during their Trial Work Periods and Extended Periods of Eligibility. In this case, verification of income and resources is not required; however, medical necessity must be met as well as verification that a physical disability exists.

016.20.24 Ark. Code R. 001

Adopted by Arkansas Register Volume 49, Number 11, Effective 11/1/2024