Section 1240-08-10-.07 - DETERMINATION OF FINANCIAL NEED(1) Financial need and eligibility for PCA services will be determined according to the following formula:(a) Determine the individual's annual income, before taxes, from all sources, including wages, net profit from self-employment, interest, dividends, pensions and disability benefits such as SSDI and SSI. Do not include the spouse's income;(b) Subtract federal income taxes from annual gross income;(c) Subtract standard federal income tax exemptions from the remainder in subparagraph (b). Do not include spouse as an exemption if spouse's income is over five thousand dollars ($5,000) per year;(d) Subtract FICA and mandatory pension contributions from remainder in subparagraph (c);(e) Subtract "impairment related" work expenses not reimbursed by a third party and which are defined and allowed by Social Security Regulations in 20 C.F.R. 404.1576. The cost of impairment related work expenses exceeding fifteen hundred dollars ($1,500) (e.g., home or vehicle modifications, durable medical equipment such as wheelchairs) must be spread out over a period of five (5) years in equal amounts;(f) Divide the remainder in subparagraph (e) by two (2);(g) Subtract forty-eight hundred dollars ($4,800) from the quotient in subparagraph (f).(2) After applying the above formula:(a) If there is no income remaining, the program shall subsidize PCA services at the maximum allowable rate subject to a maximum of three hundred twenty dollars ($320) per week;(b) If there is income remaining, the cost of the subsidy for PCA services provided shall be reduced by the amount of that income;(c) If there is income remaining in excess of the maximum allowable amount for a PCA subsidy (three hundred twenty dollars ($320) per week), the individual is not eligible for a subsidy.(3) The PCA program may supplement any other private program for Personal Care Assistance for which the individual is eligible, subject to a maximum of three hundred twenty dollars ($320) per week. The PCA program may not supplement any state or federal personal care assistance program.Tenn. Comp. R. & Regs. 1240-08-10-.07
Original rule filed December 9, 1986; effective March 31, 1987. Amendment filed April 22, 1997; effective July 6, 1997. Repeal and new rule filed June 30, 2009; effective September 13, 2009.Authority: T.C.A. § 4-5-202; 71-1-105(12); 71-4-1204; 20 C.F.R. 404.1576.