Z    Separation

 

 

 

Revised 05/30/2018

 

Policy

Separation refers to a change in relationship.  There are two forms of separation:

·         Physical separation; and

·         Legal separation.

The effect of separation depends on:

When the spouses are...

And the customer receives...

Then...

Physically separated and no longer living together

SSI MAO

Medicare Savings Program (MSP)

Individual budgeting applies beginning the first full month the spouses do not live together.

ALTCS (Non-Community Spouse)

The separation does not affect the customer’s income budgeting but could affect Share of Cost (SOC).  Family or spousal maintenance is redetermined.

ALTCS (Community Spouse)

Freedom to Work (FTW) - ALTCS

Community Spouse policy continues to apply unless the spouse moves to a medical facility and is no longer living in the community.

Breast and Cervical Cancer Treatment Program (BCCTP)

The customer may now qualify for another MA program.  When the customer qualifies for another AHCCCS Medical Assistance (MA) program, that eligibility is approved and BCCTP coverage is ended.

Adult

Caretaker Relative

Pregnant Woman

Child

KidsCare

Changes to who lives in the home may impact who is included in the budget group. See MA602D

Legally separated

Any program

Legal separation alone does not affect income or resource budgeting.

 

Definitions

Term

Definition

Physical Separation

Physical separation means the spouses are not living in the same residence.

Legal Separation

Legal separation involves a court order.  The court order may:

·         Allocate parental rights;

·         Order the payment of child support or spousal support; and

·         Provide for the division of marital property and the distribution of assets. 

Legal separation often is a step toward divorce, but also is used by people who choose not to end their marriage.  This may be done for religious reasons or in order to protect assets.

 

Proof

The customer or representative’s statement of the separation and location of the spouse is accepted, unless it is questionable or the customer’s ALTCS eligibility is determined using Community Spouse policy.

When the customer’s ALTCS eligibility was determined using Community Spouse rules, the living arrangement of the Community Spouse must be verified to determine whether or not to continue using Community Spouse rules.  See MA521.

 

Programs Affected

This applies to all programs.

 

Timeframes

Changes must be reported as soon as the future event becomes known.  Unanticipated changes must be reported within 10 calendar days of the date the change occurred.

 

Legal Authority

Program

Legal Authorities

ALTCS

42 USC 1396r-5 for Community Spouse

42 CFR 435.916

AAC R9-28-401, R9-28-410 and R9-28-411(A)(1)(h)

SSI-MAO

20 CFR 416.1132 and 1163

42 CFR 435.602

42 CFR 435.916

AAC R9-22-1501(H)(1)(e)

AAC R9-22-1503

Medicare Savings Program (MSP)

20 CFR 416.1132 and 1163

42 CFR 435.602

42 CFR 435.916

AAC R9-29-213

Freedom to Work (FTW)

42 CFR 435.916

AAC R9-22-1901

Breast and Cervical Cancer Treatment Program (BCCTP)

42 CFR 435.916

AAC R9-22-2008

MAGI

42 CFR 435.603

42 CFR 435.916

AAC R9-22-1420(B)