Qualifying the Elderly Client for Medical Assistance in Colorado
| Jurisdiction | Colorado,United States,Federal |
| Citation | Vol. 15 No. 10 Pg. 1802 |
| Pages | 1802 |
| Publication year | 1986 |
1986, October, Pg. 1802. Qualifying the Elderly Client for Medical Assistance in Colorado
Practitioners often have an elderly client who is living on Social Security and a small pension. The client may own a home free of encumbrances and may have a small bank account and an automobile. In addition, the client's gross estate is well within the federal exemption amount. If the client's health has been deteriorating rapidly, he is no longer able to care for himself on a daily basis and no relatives are available to care for him, it may be necessary for the client to be institutionalized in a skilled nursing facility, intermediate care facility or other medical institution.
Individuals such as these often do not have the income or assets for private nursing home care. This article discusses the qualification requirements for medical assistance in Colorado for individuals whose income does not exceed three times the Supplemental Security Income ("SSI") payment level, commonly referred to as "300%-ers."
CRS § 26-4-102 provides for a program of medical assistance for individuals and families, whose income and resources are insufficient to meet the costs of necessary medical care and services, to be administered in cooperation with the federal government. The Colorado Medical Assistance Program ("Medicaid") includes coverage of certain groups specified in Title XIX of the Social Security Act ("Act")(fn1) as well as old age pension recipients entitled to health and medical care under the Colorado Constitution. The Department of Social Services is the state agency designated to administer the medical assistance program under Title XIX of the Act.(fn2)
The newly revised edition of the Green Book, a compilation of Colorado statutes dealing with wills, estates, trusts and taxes, should be available in mid-October, 1986. It will be published by Continuing Legal Education in Colorado, Inc. ("CLE"). The CBA Probate and Trust Law Section plans to work with CLE to update the compilation annually within a short time after the close of each legislative session. CLE will send an order form to all section members. It may also be ordered on the form accompanying other publications mailed by CLE or call CLE at 871-6323.
Medical assistance must be approved, effective as of the date of application for medical assistance or as of the date the person becomes eligible for medical assistance, whichever is later. The applicant also may be provided with assistance for the three months preceeding the month of application, if, at such time medical care or services were received, the person met all applicable eligibility requirements.(fn3)
Medicaid provides benefits to "categorically" needy persons. To be eligible to receive medical assistance, a categorically needy person must:
a. be a citizen of the United States or an alien lawfully admitted for permanent residence or otherwise permanently residing in the United States under color of law;
b. be a resident of Colorado;
c. not be an inmate of a public institution, except as a patient in [a] public medical institution or as a resident of a publicly operated community residence which serves...
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