Oklahoma has changed its status from what has been known as
a “209-b” state to conform with the SSI criteria effective March 1, 2015. A handful of states originally opted not
to follow the SSI qualification criteria in evaluating income limitations
as well as resource limitations when an applicant applied for Medicaid
benefits. Those fewer states were called
“209-b” states. This was permitted under
federal law. Some have considered the
SSI criteria more “liberal” than the 209-b rules in some ways, but perhaps not
in other ways. Oklahoma’s adopting the
SSI criteria will help simplify the past regimen of attempting to qualify for
both SSI and Medicaid with slightly different rules. Now those qualifying income/resource rules
should coincide. One change is that
disbursements from a trust to purchase clothing will no longer be deemed
“income” to the recipient. This has long
been a problem for Trustees needing to periodically purchase clothing for a
beneficiary. Disbursements for food
or shelter will continue to be treated as “income” to the beneficiary
and therefore could be problematic depending on the income category of the
beneficiary.
Curtis J. Shacklett, Esq.
Barber & Bartz, P.C.
525 S. Main St., Ste. 800
Tulsa, OK 74103-4511
Telephone: (918) 599-7755
Facsimile: (918) 599-7756
Email: cshacklett@barberbartz.com
Website: www.barberbartz.com
