State Codes and Statutes

Statutes > Wyoming > Title42 > Chapter7

CHAPTER 7 - LONG-TERM CARE PARTNERSHIP PROGRAM

 

42-7-101. Short title.

 

This act may be cited as the "WyomingLong-Term Care Partnership Program Act.

 

42-7-102. Definitions.

 

(a) As used in this act:

 

(i) "Agency" means the department of health;

 

(ii) "Asset disregard" means, with respect toqualification for state Medicaid benefits, the disregard of any assets orresources in an amount equal to the insurance benefit payments that are made toor on behalf of an individual who is a beneficiary under a qualified long-termcare insurance partnership policy;

 

(iii) "Department" means the department of insurance;

 

(iv) "Medicaid" means the program administered by thestate pursuant to the Wyoming Medical Assistance and Services Act and this actand partly funded by the federal government pursuant to title XIX of thefederal Social Security Act;

 

(v) "Qualified long-term care insurance partnershippolicy" means a policy that meets all of the following requirements:

 

(A) The policy covers an insured who was a resident of Wyomingwhen coverage first became effective under the policy;

 

(B) The policy is a qualified long-term care insurance policyas defined in section 7702B(b) of the Internal Revenue Code of 1986 issued notearlier than the effective date of the state plan amendment;

 

(C) The director of the department certifies that the policymeets the model regulations and requirements of the national association ofinsurance commissioners model specified in paragraph (5) of title VI, section6021 of the federal Deficit Reduction Act of 2005; and

 

(D) If the policy is sold to an individual who:

 

(I) Has not attained age sixty-one (61) as of the date ofpurchase, the policy provides compound annual inflation protection;

 

(II) Has attained age sixty-one (61) but has not attained ageseventy-six (76) as of such date, the policy provides some level of inflationprotection; or

 

(III) Has attained age seventy-six (76) as of such date, thepolicy may, but is not required to, provide some level of inflation protection.

 

(vi) "State plan amendment" means a state Medicaidplan amendment made with the approval of the federal department of health andhuman services that provides for the disregard of any assets or resources in anamount equal to the insurance benefit payments that are made to or on behalf ofan individual who is a beneficiary under a qualified long-term care insurancepartnership policy.

 

42-7-103. Wyoming long-term care partnership program established.

 

(a) In accordance with title VI, section 6021 of the federalDeficit Reduction Act of 2005, there shall be established the Wyoming long-termcare partnership program, to be administered by the agency with the assistanceof the department, to provide incentives for individuals to insure against thecosts of providing for their long-term care needs by creating a mechanism forindividuals to qualify for coverage of the cost of their long-term care needsunder Medicaid without first being required to substantially exhaust theirresources.

 

(b) The agency shall:

 

(i) Before January 1, 2010, or as soon thereafter as possible,make application to the federal department of health and human services for astate plan amendment to establish that, if an individual is a beneficiary of along-term care partnership program certified policy, the total assets anindividual owns and may retain under Medicaid and still qualify for benefitsunder Medicaid at the time the individual applies for long-term care benefitsare increased by one dollar ($1.00) for each one dollar ($1.00) of benefit paidout under the individual's long-term care partnership program certifiedinsurance policy;

 

(ii) Provide information and technical assistance to thedepartment on the department's role in assuring that any individual who sells aqualified long-term care insurance partnership policy receives training anddemonstrates evidence of an understanding of such policies and how they relateto other public and private coverage of long-term care.

 

(c) The department may not impose any requirement affecting theterms of benefits of a policy under the partnership program unless thedepartment imposes such requirement on long-term care insurance policieswithout regard to whether the policy is covered under the partnership or isoffered in connection with such a partnership.

 

(d) The issuers of qualified long-term care partnershippolicies in Wyoming shall provide regular reports to the secretary of thefederal department of health and human services, in accordance with federalregulations.

 

(e) Reciprocity between the program and other state programsshall be subject to the following:

 

(i) Any individual who has purchased a partnership policy in anyparticipating state, who has received benefits under the policy and who appliesfor Medicaid in a participating state other than the one in which the policywas issued shall receive an asset disregard in an equal dollar amount to thebenefits received under the policy;

 

(ii) The asset disregard procedure and calculation shall be thesame for every individual with a partnership policy who applies for Medicaid inthe participating state, without regard to whether the policy was purchased inanother state or the date the policy was purchased;

 

(iii) An amount equal to the benefits received under thepartnership policy shall be exempt from Medicaid estate recovery provisions;and

 

(iv) If a person moves from the state in which the person'spartnership policy was issued, later applies for Medicaid in anotherparticipating state and is determined to be eligible using a partnership assetdisregard, the partnership asset disregard shall not be revoked uponeligibility redetermination should the state subsequently decide to becomeexempt from the reciprocity agreement.

 

42-7-104. Administration.

 

(a) The agency and the department are authorized to adopt rulesto implement and administer the provisions of this act.

 

(b) The agency and department shall comply with all federalrules developed in accordance with title VI, section 6021 of the federalDeficit Reduction Act of 2005, regarding data reporting, reciprocity with otherstates that develop long-term care insurance partnership programs, and anyother matters, and shall have the authority to adopt regulations relative tothe provisions of any federal rules and their administration.

State Codes and Statutes

Statutes > Wyoming > Title42 > Chapter7

CHAPTER 7 - LONG-TERM CARE PARTNERSHIP PROGRAM

 

42-7-101. Short title.

 

This act may be cited as the "WyomingLong-Term Care Partnership Program Act.

 

42-7-102. Definitions.

 

(a) As used in this act:

 

(i) "Agency" means the department of health;

 

(ii) "Asset disregard" means, with respect toqualification for state Medicaid benefits, the disregard of any assets orresources in an amount equal to the insurance benefit payments that are made toor on behalf of an individual who is a beneficiary under a qualified long-termcare insurance partnership policy;

 

(iii) "Department" means the department of insurance;

 

(iv) "Medicaid" means the program administered by thestate pursuant to the Wyoming Medical Assistance and Services Act and this actand partly funded by the federal government pursuant to title XIX of thefederal Social Security Act;

 

(v) "Qualified long-term care insurance partnershippolicy" means a policy that meets all of the following requirements:

 

(A) The policy covers an insured who was a resident of Wyomingwhen coverage first became effective under the policy;

 

(B) The policy is a qualified long-term care insurance policyas defined in section 7702B(b) of the Internal Revenue Code of 1986 issued notearlier than the effective date of the state plan amendment;

 

(C) The director of the department certifies that the policymeets the model regulations and requirements of the national association ofinsurance commissioners model specified in paragraph (5) of title VI, section6021 of the federal Deficit Reduction Act of 2005; and

 

(D) If the policy is sold to an individual who:

 

(I) Has not attained age sixty-one (61) as of the date ofpurchase, the policy provides compound annual inflation protection;

 

(II) Has attained age sixty-one (61) but has not attained ageseventy-six (76) as of such date, the policy provides some level of inflationprotection; or

 

(III) Has attained age seventy-six (76) as of such date, thepolicy may, but is not required to, provide some level of inflation protection.

 

(vi) "State plan amendment" means a state Medicaidplan amendment made with the approval of the federal department of health andhuman services that provides for the disregard of any assets or resources in anamount equal to the insurance benefit payments that are made to or on behalf ofan individual who is a beneficiary under a qualified long-term care insurancepartnership policy.

 

42-7-103. Wyoming long-term care partnership program established.

 

(a) In accordance with title VI, section 6021 of the federalDeficit Reduction Act of 2005, there shall be established the Wyoming long-termcare partnership program, to be administered by the agency with the assistanceof the department, to provide incentives for individuals to insure against thecosts of providing for their long-term care needs by creating a mechanism forindividuals to qualify for coverage of the cost of their long-term care needsunder Medicaid without first being required to substantially exhaust theirresources.

 

(b) The agency shall:

 

(i) Before January 1, 2010, or as soon thereafter as possible,make application to the federal department of health and human services for astate plan amendment to establish that, if an individual is a beneficiary of along-term care partnership program certified policy, the total assets anindividual owns and may retain under Medicaid and still qualify for benefitsunder Medicaid at the time the individual applies for long-term care benefitsare increased by one dollar ($1.00) for each one dollar ($1.00) of benefit paidout under the individual's long-term care partnership program certifiedinsurance policy;

 

(ii) Provide information and technical assistance to thedepartment on the department's role in assuring that any individual who sells aqualified long-term care insurance partnership policy receives training anddemonstrates evidence of an understanding of such policies and how they relateto other public and private coverage of long-term care.

 

(c) The department may not impose any requirement affecting theterms of benefits of a policy under the partnership program unless thedepartment imposes such requirement on long-term care insurance policieswithout regard to whether the policy is covered under the partnership or isoffered in connection with such a partnership.

 

(d) The issuers of qualified long-term care partnershippolicies in Wyoming shall provide regular reports to the secretary of thefederal department of health and human services, in accordance with federalregulations.

 

(e) Reciprocity between the program and other state programsshall be subject to the following:

 

(i) Any individual who has purchased a partnership policy in anyparticipating state, who has received benefits under the policy and who appliesfor Medicaid in a participating state other than the one in which the policywas issued shall receive an asset disregard in an equal dollar amount to thebenefits received under the policy;

 

(ii) The asset disregard procedure and calculation shall be thesame for every individual with a partnership policy who applies for Medicaid inthe participating state, without regard to whether the policy was purchased inanother state or the date the policy was purchased;

 

(iii) An amount equal to the benefits received under thepartnership policy shall be exempt from Medicaid estate recovery provisions;and

 

(iv) If a person moves from the state in which the person'spartnership policy was issued, later applies for Medicaid in anotherparticipating state and is determined to be eligible using a partnership assetdisregard, the partnership asset disregard shall not be revoked uponeligibility redetermination should the state subsequently decide to becomeexempt from the reciprocity agreement.

 

42-7-104. Administration.

 

(a) The agency and the department are authorized to adopt rulesto implement and administer the provisions of this act.

 

(b) The agency and department shall comply with all federalrules developed in accordance with title VI, section 6021 of the federalDeficit Reduction Act of 2005, regarding data reporting, reciprocity with otherstates that develop long-term care insurance partnership programs, and anyother matters, and shall have the authority to adopt regulations relative tothe provisions of any federal rules and their administration.


State Codes and Statutes

State Codes and Statutes

Statutes > Wyoming > Title42 > Chapter7

CHAPTER 7 - LONG-TERM CARE PARTNERSHIP PROGRAM

 

42-7-101. Short title.

 

This act may be cited as the "WyomingLong-Term Care Partnership Program Act.

 

42-7-102. Definitions.

 

(a) As used in this act:

 

(i) "Agency" means the department of health;

 

(ii) "Asset disregard" means, with respect toqualification for state Medicaid benefits, the disregard of any assets orresources in an amount equal to the insurance benefit payments that are made toor on behalf of an individual who is a beneficiary under a qualified long-termcare insurance partnership policy;

 

(iii) "Department" means the department of insurance;

 

(iv) "Medicaid" means the program administered by thestate pursuant to the Wyoming Medical Assistance and Services Act and this actand partly funded by the federal government pursuant to title XIX of thefederal Social Security Act;

 

(v) "Qualified long-term care insurance partnershippolicy" means a policy that meets all of the following requirements:

 

(A) The policy covers an insured who was a resident of Wyomingwhen coverage first became effective under the policy;

 

(B) The policy is a qualified long-term care insurance policyas defined in section 7702B(b) of the Internal Revenue Code of 1986 issued notearlier than the effective date of the state plan amendment;

 

(C) The director of the department certifies that the policymeets the model regulations and requirements of the national association ofinsurance commissioners model specified in paragraph (5) of title VI, section6021 of the federal Deficit Reduction Act of 2005; and

 

(D) If the policy is sold to an individual who:

 

(I) Has not attained age sixty-one (61) as of the date ofpurchase, the policy provides compound annual inflation protection;

 

(II) Has attained age sixty-one (61) but has not attained ageseventy-six (76) as of such date, the policy provides some level of inflationprotection; or

 

(III) Has attained age seventy-six (76) as of such date, thepolicy may, but is not required to, provide some level of inflation protection.

 

(vi) "State plan amendment" means a state Medicaidplan amendment made with the approval of the federal department of health andhuman services that provides for the disregard of any assets or resources in anamount equal to the insurance benefit payments that are made to or on behalf ofan individual who is a beneficiary under a qualified long-term care insurancepartnership policy.

 

42-7-103. Wyoming long-term care partnership program established.

 

(a) In accordance with title VI, section 6021 of the federalDeficit Reduction Act of 2005, there shall be established the Wyoming long-termcare partnership program, to be administered by the agency with the assistanceof the department, to provide incentives for individuals to insure against thecosts of providing for their long-term care needs by creating a mechanism forindividuals to qualify for coverage of the cost of their long-term care needsunder Medicaid without first being required to substantially exhaust theirresources.

 

(b) The agency shall:

 

(i) Before January 1, 2010, or as soon thereafter as possible,make application to the federal department of health and human services for astate plan amendment to establish that, if an individual is a beneficiary of along-term care partnership program certified policy, the total assets anindividual owns and may retain under Medicaid and still qualify for benefitsunder Medicaid at the time the individual applies for long-term care benefitsare increased by one dollar ($1.00) for each one dollar ($1.00) of benefit paidout under the individual's long-term care partnership program certifiedinsurance policy;

 

(ii) Provide information and technical assistance to thedepartment on the department's role in assuring that any individual who sells aqualified long-term care insurance partnership policy receives training anddemonstrates evidence of an understanding of such policies and how they relateto other public and private coverage of long-term care.

 

(c) The department may not impose any requirement affecting theterms of benefits of a policy under the partnership program unless thedepartment imposes such requirement on long-term care insurance policieswithout regard to whether the policy is covered under the partnership or isoffered in connection with such a partnership.

 

(d) The issuers of qualified long-term care partnershippolicies in Wyoming shall provide regular reports to the secretary of thefederal department of health and human services, in accordance with federalregulations.

 

(e) Reciprocity between the program and other state programsshall be subject to the following:

 

(i) Any individual who has purchased a partnership policy in anyparticipating state, who has received benefits under the policy and who appliesfor Medicaid in a participating state other than the one in which the policywas issued shall receive an asset disregard in an equal dollar amount to thebenefits received under the policy;

 

(ii) The asset disregard procedure and calculation shall be thesame for every individual with a partnership policy who applies for Medicaid inthe participating state, without regard to whether the policy was purchased inanother state or the date the policy was purchased;

 

(iii) An amount equal to the benefits received under thepartnership policy shall be exempt from Medicaid estate recovery provisions;and

 

(iv) If a person moves from the state in which the person'spartnership policy was issued, later applies for Medicaid in anotherparticipating state and is determined to be eligible using a partnership assetdisregard, the partnership asset disregard shall not be revoked uponeligibility redetermination should the state subsequently decide to becomeexempt from the reciprocity agreement.

 

42-7-104. Administration.

 

(a) The agency and the department are authorized to adopt rulesto implement and administer the provisions of this act.

 

(b) The agency and department shall comply with all federalrules developed in accordance with title VI, section 6021 of the federalDeficit Reduction Act of 2005, regarding data reporting, reciprocity with otherstates that develop long-term care insurance partnership programs, and anyother matters, and shall have the authority to adopt regulations relative tothe provisions of any federal rules and their administration.

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