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The DC Office on Aging offers a single Medicaid waiver that is relevant to aging District residents: the Elderly and Persons with Physical Disabilities Waiver, more commonly referred to as the EPD Waiver or the HCBS Waiver. This waiver is intended to allow beneficiaries who would otherwise require nursing home care to receive care services outside of that environment and to instead remain living in their homes or in assisted living communities. The waiver does so by providing personal care, supportive services, and assistive technology, which increase the program participant’s independence.
The EPD Waiver contains an option called "Services My Way". Services My Way allows beneficiaries to "participant direct" their care, or phrased another way, participants have the option to choose from which care providers they receive care services. Family members, including the adult children, may be hired and paid to provide care services. (Spouses cannot be hired to provide care). It is worth noting that this model of care is also referred to as Consumer Directed or Cash and Counseling.
Medicaid waivers, unlike regular Medicaid or nursing home care, are not entitlement programs. Each waiver is approved with a limited number of available slots. In previous years, a waiting list has existed for the EPD Waiver. In 2019, the number of available slots is approximately 5,260. Prioritization on the wait list is based on a first-come, first-serve basis, not based on urgency of need.
EPD Waiver qualifications consider both the functional ability and the financial status of the applicant. Residents of the District of Columbia must have a medically documented need for nursing home level care and be over 65 years of age or over 18 and be officially disabled. From a financial perspective, the District considers the applicant's income, financial resources or "countable assets", and past asset transfers, dating as far back as 60 months preceding one's date of application. This “Look Back” Period is intended to prevent applicants from giving away or selling assets under fair market value in order to reduce assets for qualification purposes.
Income Rules - Monthly income for a single applicant is limited to 3x the Supplemental Security Income / Federal Benefits Rate. In 2019, this limit is equal to $2,313 / month. A married applicant whose spouse is not also receiving Medicaid assistance is permitted to give his/her non-applicant spouse a monthly spousal allowance. If, for example, the Medicaid applicant lives in assisted living and his/her spouse does not, the non-applicant spouse is permitted to receive some of his/her spouse’s income to continue to be able to afford to live independently. This is called the Minimum Monthly Maintenance Needs Allowance and is the minimum amount of income to which a non-applicant spouse is entitled. At the time of this writing, this figure is $2,057.50 / month, but is set to increase July 2019. Under certain circumstances, the applicant spouse may transfer as much as $3,160.50 / month in income to his/her non-applicant spouse. (This figure changes in January of each year).
D.C. offers an alternative pathway to Medicaid eligibility called the Medically Needy pathway. This is also referred to as a Medically Needy Spend-Down. For persons with high, recurring care costs, which consume the majority of their monthly income, the Medically Needy pathway can apply. Should the difference between care expenses and monthly income be less than $651.54, it is likely the individual will qualify. (This figure is equivalent to 64% of the Federal Poverty Level.)
Asset Rules – “Countable” assets for a single applicant are limited to $4,000. However, countable assets exclude an owner-occupied home valued at less than $858,000, as well as most items required to furnish the home, some personal items, a car, and up to $10,000 for burial funds. Married couples are permitted to have much higher countable assets. This is because Medicaid rules allow a non-applicant spouse to claim a larger portion of jointly held assets. In 2019, the spouse who is not applying for benefits is permitted up to $126,420 in assets.
Each beneficiary of the EPD Waiver has different care requirements and will be approved for different care and support services by their case manager. Under the EPD Waiver, the following forms of assistance are available.
To apply for the EPD Waiver, interested parties should contact the Washington DC Aging and Disability Resource Center at 202-724-5626. A detailed, step-by-step description of the application process is available on the District's Commission on Aging's website. A complete handbook for the program that offers very detailed information is available for download here.