New - Medicaid Eligibility Changes Effective January 1, 2024

Effective January 1, 2024, the New York State (NYS) Medicaid program increased income levels for individuals being determined eligible for the Medicare Savings Program (MSP). Individuals with income up to, and including, greater than 138 and less than 186 percent of the Federal Poverty Level (FPL), will be eligible for the Qualified Medicare Beneficiary (QMB) category of the MSP. Due to this change, more individuals qualify for this benefit. Eligibility responses for these individuals, in the Electronic Provider Assisted Claim Entry System (ePACES), will indicate active Medicare and include "QMB" as a suffix to the type of Medicare in which the individuals are enrolled. There are no changes to the billing process for NYS Medicaid members enrolled in MSP at the QMB level.

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Additionally, effective January 1, 2024, the Medicaid Medically Needy Income Level (MNIL) has increased to 138 percent of the FPL. As a result, the MNIL for a single individual has increased from $1677 to $1,732, and from $2,268 to $2,351 for a couple. Further information can be found in the NYS Department of Health (DOH) Office of Health Insurance Programs (OHIP) General Information System (GIS) 22/Messages (MA) 11 document, which includes a sample of a one-time letter sent to impacted NYS Medicaid members informing them of this change and how to request a budget recalculation from their local department of social services (LDSS). It is expected that the impact to many current NYS Medicaid members with excess income will decrease in the amount of excess income that must be spent on medical expenses prior to NYS Medicaid paying the cost of medical care (e.g., a decrease or elimination of NYS Medicaid members "spenddown" obligation). This includes NYS Medicaid members currently enrolled in a Managed Long-Term Care (MLTC) Plan who are currently paying their excess income ("spenddown") amount to the MLTC Plan.

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If a refund is due to the MLTC Plan enrollee as a result of a recalculation of income, MLTC Plans should be prepared to issue a refund retroactive to January 1, 2024, when updated spenddown amounts are received by the Plan (through a copy of a Notice with the budget change issued by the LDSS or through an 834 transaction).

Medicaid is a joint federal and state program that, together with the Children’s Health Insurance Program (CHIP), provides health coverage to over 72.5 million Americans, including children, pregnant women, parents, seniors, and individuals with disabilities. Medicaid is the single largest source of health coverage in the United States.

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To participate in Medicaid, federal law requires states to cover certain groups of individuals. Low-income families, qualified pregnant women and children, and individuals receiving Supplemental Security Income (SSI) are examples of mandatory eligibility groups (PDF, 177.87 KB). States have additional options for coverage and may choose to cover other groups, such as individuals receiving home and community-based services and children in foster care who are not otherwise eligible.

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The Affordable Care Act of 2010 created the opportunity for states to expand Medicaid to cover nearly all low-income Americans under age 65. Eligibility for children was extended to at least 133% of the federal poverty level (FPL) in every state (most states cover children to higher income levels), and states were given the option to extend eligibility to adults with income at or below 133% of the FPL. Most states have chosen to expand coverage to adults, and those that have not yet expanded may choose to do so at any time. See if your state has expanded Medicaid coverage to low-income adults.

Determining Eligibility for Medicaid Financial Eligibility

The Affordable Care Act established a new methodology for determining income eligibility for Medicaid, which is based on Modified Adjusted Gross Income (MAGI). MAGI is used to determine financial eligibility for Medicaid, CHIP, and premium tax credits and cost sharing reductions available through the health insurance marketplace. By using one set of income counting rules and a single application across programs, the Affordable Care Act made it easier for people to apply and enroll in the appropriate program.

MAGI is the basis for determining Medicaid income eligibility for most children, pregnant women, parents, and adults. The MAGI-based methodology considers taxable income and tax filing relationships to determine financial eligibility for Medicaid. MAGI replaced the former process for calculating Medicaid eligibility, which was based on the methodologies of the Aid to Families with Dependent Children program that ended in 1996. The MAGI-based methodology does not allow for income disregards that vary by state or by eligibility group and does not allow for an asset or resource test.

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Some individuals are exempt from the MAGI-based income counting rules, including those whose eligibility is based on blindness, disability, or age (65 and older). Medicaid eligibility for individuals 65 and older or who have blindness, or a disability is generally determined using the income methodologies of the SSI program administered by the Social Security Administration (some states, known as 209(b) states, use certain more restrictive eligibility criteria than SSI, but still largely apply SSI methodologies). Eligibility for the Medicare Savings Programs, through which Medicaid pays Medicare premiums, deductibles, and/or coinsurance costs for beneficiaries eligible for both programs (often referred to as dual eligible) is determined using SSI methodologies.

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Certain Medicaid eligibility groups do not require a determination of income by the Medicaid agency. This coverage may be based on enrollment in another program, such as SSI or the breast and cervical cancer treatment and prevention program. Children for whom an adoption assistance agreement is in effect under title IV-E of the Social Security Act are automatically eligible. Young adults who meet the requirements for eligibility as a former foster care recipient are also eligible at any income level.

 

Non-Financial Eligibility

To be eligible for Medicaid, individuals must also meet certain non-financial eligibility criteria. Medicaid beneficiaries generally must be residents of the state in which they are receiving Medicaid. They must be either citizens of the United States or certain qualified non-citizens, such as lawful permanent residents. In addition, some eligibility groups are limited by age, or by pregnancy or parenting status.

 

Effective Date of Coverage

Once an individual is determined eligible for Medicaid, coverage is effective either on the date of application or the first day of the month of application. Benefits also may be covered retroactively for up to three months prior to the month of application if the individual would have been eligible during that period had he or she applied. Coverage generally stops at the end of the month in which a person no longer meets the requirements for eligibility.

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Medically Needy

States have the option to establish a “medically needy program” for individuals with significant health needs whose income is too high to otherwise qualify for Medicaid under other eligibility groups. Medically needy individuals can still become eligible by “spending down” the amount of income that is above a state's medically needy income standard. Individuals spend down by incurring expenses for medical and remedial care for which they do not have health insurance. Once an individual’s incurred expenses exceed the difference between the individual’s income and the state’s medically needy income level (the “spenddown” amount), the person can be eligible for Medicaid. The Medicaid program then pays the cost of services that exceeds the expenses the individual had to incur to become eligible.

In addition to states with medically needy programs, 209(b) states also must allow a spenddown to the income eligibility levels eligibility groups based on blindness, disability, or age (65 and older), even if the state also has a medically needy program. Thirty-six states and the District of Columbia use spenddown programs, either as medically needy programs or as 209(b) states.

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Appeals

States must provide individuals the opportunity to request a fair hearing regarding a denial, an action taken by the state agency that he or she believes was erroneous, or if the state has not acted with reasonable promptness. States have options for how to structure their appeals processes. Appeals may be conducted by the Medicaid agency or delegated to the Exchange or Exchange Appeals Entity (for appeals of denials of eligibility for individuals whose income is determined based on MAGI). Appeals also may be delegated to another state agency if a state obtains approval from CMS under the Intergovernmental Cooperation Act of 1968.

CIB: Coordination Between HHS Appeals Entity and Medicaid and CHIP Agencies – Assessment States (PDF, 149.92 KB)

This Informational Bulletin discusses federal requirements and provides technical assistance related to coordination of appeals among insurance affordability programs in states that have elected for the Federally Facilitated Exchange (FFE) to assess eligibility for Medicaid and CHIP (“assessment states”).

 

Appendix 1: States treating decisions of HHS Appeals Entity as assessments of eligibility (PDF, 65.19 KB) provides three scenarios to illustrate the specific steps that assessment states must take upon receiving an Electronic File Transfer from the Department of Health and Human Services (HHS) Appeals Entity if the state has opted to treat decisions of the HHS Appeals Entity as an assessment of Medicaid or CHIP eligibility. See operational flows for the scenarios:

 

Appendix 2: States treating decisions of HHS Appeals Entity as determinations of eligibility (PDF, 50.44 KB) provides three scenarios to illustrate the specific steps that assessment states must take upon receiving an Electronic File Transfer from the HHS Appeals Entity if the state has opted to accept decisions of the HHS Appeals Entity as a final determination of Medicaid or CHIP eligibility. See operational flows for the scenarios:

 

For More Related Topics or Detail on Medicaid, please visit the government's website: https://www.health.ny.gov/health_care/medicaid/program/update/2023/no02_2023-01.htm#eligibilty