Mo. Code Regs. tit. 13 § 40-13.015

Current through Register Vol. 49, No.12, June 17, 2024

Section 13 CSR 40-13.015 - Eligibility for Blind Pension

PURPOSE: The purpose of this rule is to establish the eligibility requirements for blind pension payments and blind pension MO HealthNet benefits, pursuant to Chapter 209, RSMo.

(1) Scope: This rule only applies to blind pension and does not apply to the Supplemental Aid to the Blind (SAB) program, unless stated otherwise.

(2) In order to qualify for blind pension benefits, the applicant must, at the time of application and until notifying the agency otherwise, meet the vision requirements in their better eye set forth in section 209.040, RSMo, and this rule:

(A) Each applicant must complete a vision exam, certified by an ophthalmologist, a physician skilled in diseases of the eye, or an optometrist, that consists of all of the following seven (7) components:

1. Visual Acuity;

2. Extraocular Motility and Alignment;

3. Pupils Exam;

4. Tonometry;

5. Slit-Lamp Examination;

6. Fundoscopy (indirect or direct ophthalmoscopy); and

7. Humphrey 24-2 Visual Field Exam (or equivalent)

(3) A person can apply for and receive a blind pension separately from MO HealthNet coverage. Individuals who are receiving a blind pension separately, and who want MO HealthNet coverage pursuant to section 208.151, RSMo, shall submit a new application for MO HealthNet.

(A) If a blind pension participant wants to qualify for federally-funded Medicaid services, including, but not limited to, services provided by the SAB program or the Home and Community-Based waiver services (HCB) program, the household must also qualify under all federal and state eligibility requirements relevant to those programs.

(B) A person who is receiving or applying for MO HealthNet coverage and also wants to receive a blind pension shall submit a separate application for blind pension.

(4) For the applicant and each household member, the applicant shall provide the following information that the division shall use in order to determine the applicant's eligibility for blind pension benefits:

(A) Relationship to the applicant;

(B) Physical address;

(C) Mailing address, if different from physical address;

(D) Date of birth;

(E) Social Security number (for applicant only);

(F) Citizenship or immigration status (for applicant only);

(G) Employment status, employer name and location, hours employed;

(H) Any and all sources of income to determine the reasonable support of the sighted spouse;

(I) Itemization of any real or personal property owned or held in trust by the applicant and/or any household members and the fair market value thereof;

(J) Itemization of any liquid assets owned by the applicant or a household member, or a trust created by a household member; and

(K) Itemization of any transfers of the type of assets listed in paragraphs (I) and (J) of this subsection by a household member, by a trust created by a household member, or by someone's action on the household member's behalf or behest, for an amount less than the asset's fair market value.

(5) In order to qualify for a blind pension, an applicant shall be eighteen (18) years of age or older and:

(A) Be a continuous resident of Missouri since the applicant went blind; or

(B) Be a resident of Missouri for 12 months immediately preceding the date of application; and

(C) Be of good moral character.

1. Individuals convicted of a felony within the ten (10) years preceding the date of application are not of good moral character for purposes of this rule.

2. For purposes of this subsection, a suspended imposition of sentence (SIS) is not a conviction, and a suspended execution of sentence (SES) is a conviction; and

3. Any blind pension recipient who intentionally or knowingly submits, or causes to be submitted, false information to the division shall not be deemed a person of good moral character and shall not be eligible for a blind pension pursuant to section 209.030, RSMo; and

(D) The applicant's qualifying visual impairment has lasted or is expected to last at least twelve (12) months.

(6) A person is not eligible for blind pension if that person's household owns property or has an interest in property as defined in 13 CSR 40-13.010, the value of which is over thirty thousand dollars ($30,000).

(A) In determining eligibility for blind pension, the division shall consider as property:

1. Any kind of asset that is owned by a household member or held on behalf of the household member;

2. Any kind of asset that is owned by a trust or any other entity, but which a household member or someone acting on behalf of a household member, has the legal power to use for the general benefit of the household; or

3. Any kind of asset that is owned by a self-settled trust, as defined in, determined by, and subject to 42 U.S.C. section 1396p(d).

(B) The division shall treat real property as:

1. For real property deemed commercial property or residential property located in Missouri, the fair market value shall be the current market value of the property, as determined by the assessor in the county in which the property is located, before applying the level of assessment pursuant to section 137.115, RSMo.

2. For real property deemed agricultural, the pensioner or applicant shall provide, upon request, an estimate of the property's current market value from a knowledgeable source. The division may reject the assessment of a particular knowledgeable source if there is reason to believe that the source has a conflict of interest regarding the property or a close relationship with the applicant, and the division may request to see any applicable credentials or other information regarding the selected source at the discretion of the division.

A. Knowledgeable sources include, but are not limited to the following:

(I) Licensed real estate brokers;

(II) The local office of the Farmer's Home Administration (for rural land);

(III) The local office of the Agricultural Stabilization and Conservation Service (for rural land);

(IV) Banks, savings and loan associations, mortgage companies, and similar lending institutions;

(V) The Assessor;

(VI) The County Agricultural Extension Service or

(VII) An appraisal from a qualified appraiser of agricultural property.

B. If the division determines that the agricultural property has no market value, or the household believes that the assessed market value is inaccurate, the division may require the household to provide one (1) or more of the items identified in section (6)(B)(2) of this rule.

3. For the division to determine the fair market value of real property located outside the state of Missouri, the household shall provide one (1) or more of the following:

A. An appraisal of the property that is less than twelve (12) months old, that shows the fair market value, and is completed by an appraiser who is licensed to do appraisals in the jurisdiction in which the property is located;

B. A bill of sale on the property from the last twelve (12) months that shows the amount for which the property was purchased;

C. A written statement attesting to the value from a real estate professional licensed in the jurisdiction in which the property is located; or

D. Convincing evidence that the household is barred by law from selling the property, in which case the property will be deemed as having no fair market value.

4. If the household does not provide the information from at least one (1) category identified in this subsection, after being given at least ten (10) days to provide it, the division may deny eligibility to the household or determine the value of the property based on the information that is available to the division.

5. If the applicant or a household member owns a portion of real property jointly or in common with people who are not household members, the value of the household member's share shall be the property's fair market value, multiplied by the percentage of ownership held by the household member.

(C) In determining eligibility for blind pension, the division shall not consider as property the primary residence of the participant and the first one hundred thousand dollars ($100,000) held in an Achieving a Better Life Experience (ABLE) account.

(7) A person is not eligible for blind pension payments if:

(A) The person has a spouse who: is a resident of the state, and can provide reasonable support to the applicant as defined in 13 CSR 40-13.010;

(B) The person publicly asks or begs for money by any means anywhere in the state;

(C) The person is maintained in a private or public institution as outlined in 13 CSR 40-2.080, unless the person is a patient in a public medical institution; or

(D) The person has a driver's license and does not relinquish the license to the Missouri Department of Revenue or to the issuing authority in the state or jurisdiction from which the license was issued within sixty (60) days of approval for blind pension. Each applicant has a one- (1-) time sixty- (60-) day grace period to surrender their license and will not be given another sixty- (60-) day period if they must reapply due to any issue, regardless of reason, with an earlier application.

(8) Individuals will be disqualified from recieving blind pension benefits for a period of two (2) years for their first sanction, four (4) years for their second sanction, and permanently disqualified for their third (3) sanction if they:

(A) Obtain or renew a driver license from any state while receiving blind pension; or

(B) Operate a motor vehicle (as defined in 13 CSR 40-13.010 ) while receiving blind pension.

(9) Any person shall permanently forfeit all of his or her rights to future blind pension benefits, if the division determines that the person:

(A) Willfully and fraudulently provided information that is false in order to qualify for blind pension; or

(B) Transferred ownership or an interest in property in order to become wholly or in part qualified for a blind pension.

13 CSR 40-13.015

Adopted by Missouri Register August 15, 2019/Volume 44, Number 16, effective 9/30/2019