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Agency Directives:
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Attached Document:
90_adm-28.pdf
OMM/OCFS/OTDA Materials: ADMs Issued by OTDA
90 ADM-28: Spenddown of Resources (Westmiller v. Sullivan)
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I. PURPOSE
The purpose of this Directive is to advise social services districts
of the actions to be taken as a result of the federal court decision
in the case of Westmiller v. Sullivan. The decision overturns
federal policy of not allowing a spenddown of resources when
determining Medical Assistance (MA) eligibility for medically needy
(FP) individuals. This Directive only applies to case determinations
for the period January 1, 1982 through February 28, 1989. A separate
Directive will be issued to provide instructions regarding resource
spenddown policy for case determinations on and after March 1, 1989.
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Created: 10/29/2004
Updated: 11/1/2004
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