La. Admin. Code tit. 48 § IX-503

Current through Register Vol. 50, No. 9, September 20, 2024

Section IX-503 - Treatment of Resident Resources

A. A resident of a state mental retardation/developmental disabilities residential facility shall be allowed to retain resources valued up to $1,600 as defined by the Supplemental Security Income (SSI) program. Resources valued in excess of $1,600 shall be disposed of in a manner which is acceptable for SSI determination of eligibility under that program. This includes, but is not limited to, legitimate sale or transfer of resources, payment to the facility for cost of care, and purchase of personal items. Failure to comply with this policy will subject the resident to discharge. The resident and/or family shall have six months from the date of identification of excess resources to accomplish the reduction or have an acceptable plan for reduction in effect.

B. Exceptions to this policy may be made by individual facilities with concurrence of the Mental Retardation/Developmental Disabilities Central Office under the following circumstances:

1. The individual resident is placed in the facility for a specific period of time to accomplish certain goals and there is a plan in effect for return of the resident to his own home or other community placement. Such plans would generally not exceed one year in duration.

2. There is joint ownership of property or an inviolable trust which makes access to the principal amount of the funds or resource impossible.

3. The individual would not be eligible for Title XIX even if resources were reduced.

La. Admin. Code tit. 48, § IX-503

Promulgated by the Department of Health and Human Resources, Office of Mental Retardation/Developmental Disabilities, LR 13:246 (April 1987).

AUTHORITY NOTE: Promulgated in accordance with R.S. 36:1 et.seq.