State Approaches to Diversion Programs and Activities under Welfare Reform

Table V-1: State Options to Affect Medicaid Eligibility Post-PRWORA
OPTION AUTHORIZING AUTHORITY REQUIREMENTS FLEXIBILITY DURATION
1. Modify income and resource standards and methodologies. Section 1931(b) of the PRWORA

Nominal HCFA Approval of State Medicaid Plan Amendment

Must apply uniformly to all populations with type of income or resource May target certain income/resources for disregards (e.g., lump sum diversion payment; first three months of earned income)  Indefinite
2. Continue Title IV-A waivers terms affecting Medicaid eligibility. Section 1931(d) of the PRWORA 

Nominal HCFA Approval

Waiver submitted prior to 8/22/96 and approved on/before 7/1/97 

Limited to waivers of: income and resource standards and methodologies; deprivation requirements; and caretaker relative requirements 

Individuals subject to IV-A waivers in some states retain Medicaid eligibility if they would have been eligible in the absence of the demonstration - in this case state must continue welfare reform demonstration on exactly same terms  Indefinite - even though welfare reform demonstration may expire or be terminated by state, IV-A waiver terms affecting Medicaid eligibility can continue indefinitely 
3. Continue Title XIX waivers.  

Seek new Title XIX waivers.

Section 1115 of the Social Security Act 

HCFA Approval for both continuation and new 

Existing waiver is not required to meet budget neutrality test 

New waiver approved after 8/22/96 must comply with budget neutrality requirements

 

Expire at end of IV-A demonstration
4. Continue existing Section  
1115 Medicaid waivers.  

Seek new Section 1115 Medicaid waivers.

Section 1115 of the Social Security Act 
 
HCFA approval
Waiver must comply with budget neutrality requirements May expand eligibility to near poor Waivers usually limited to 5 years
5. Expand eligibility for  pregnant women and children Section 1902r(2) of the Social Security Act   May apply more liberal income and resource methodologies for pregnant women and children  Indefinite


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